COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN: YORK CONDOMINIUM CORPORATION NO. 330 (50 & 70 Baif Blvd, Richmond Hill, Ontario) (Hereinafter referred to as the "Employer") ARTICLE 1- GENERAL PURPOSE -And- L.I.U.N.A. LOCAL 183 (Hereinafter referred to as the "Union") 1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and its employees within the Bargaining Unit, and the Union. ARTICLE 2- RECOGNITION 2.01 The Employer recognizes the Union as the collective bargaining agent for all employees of York Condominium Corporation 330 o/a Baif Gardens Court at 50 Baif Boulevard and 70 Baif Boulevard, Richmond Hill Ontario, save and except supervisors, and persons above the rank of supervisors, office and clerical staff and students It is agreed that persons engaged on a temporary basis, either directly or through an agent, to replace employees absent due to vacation, illness-disability, or any other absence during which the Employer determines an outside replacement to be necessary, will not be covered under the terms of this Collective Agreement It is agreed that the word "employee" or "employees" wherever used in this Agreement shall be deemed to refer only to an employee or employees in the bargaining unit as hereinbefore defined Where the masculine pronoun is used in this Agreement, it shall be deemed to include the feminine and vice-versa, where the context so requires Where the singular pronoun is used in this Agreement, it shall be deemed to include the plural and vice-versa, where the context so requires. YCC 330 AND LUINA LOCAL 183 EXP: MA Y31 /2022 Page 1

2 ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Union recognizes that the management of the operations and the direction of the employees are fixed exclusively in the Employer and shall remain solely with the Employer except as expressly limited by the clear and explicit language of some other provision of this Agreement and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) Maintain order, discipline and manage the operations of the building. (b) determine the number of workers required for any or all operations; judge the qualification of employees; assign or reassign work loads of employees; determine and evaluate the content and functions of all jobs and classification; revise work assignments at any time; (c) determine the types and placement of machines, tools, materials and equipment; and to introduce new or improved systems and equipment; (d) hire, classify, promote, transfer and lay-off employees and to discharge, demote and suspend employees for just cause; (e) establish, revise from time-to-time, and enforce, reasonable rules of conduct and procedure for its employees provided such rules are not inconsistent with the provisions of this collective agreement, maintain order, discipline and efficiency; Furthermore, and without limiting the generality of the aforementioned outlined Management Rights, the Employer retains all rights privileges and functions not abridged by a specific provision of this agreement. ARTICLE 4 - UNION SECURITY 4.01 The Employer shall deduct an amount equivalent to regular monthly Union dues for the term of this Agreement, according to the following conditions: (a) (b) All employees covered by this Agreement shall, as a condition of employment have, deducted from their pay each month an amount equivalent to the regular monthly Union dues; The amount so deducted shall be remitted to the Secretary/Treasurer of the Union no later than the fifteenth (15th) ~aayof tne montrr following-the month in w hich soch deductions----- were made. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 2

3 4.02 Regular monthly Union dues referred to in this Article shall mean the regular monthly Union dues uniformly assessed all members of the Union in accordance with its constitution and by-laws as certified to the Employer in writing by the Union The Employer shall, when forwarding such dues, provide a list for the Secretary/Treasurer of the Union, listing the names and corresponding Social Insurance Numbers of the employees from whose pay such deductions have been made In consideration of the deducting and forwarding of Union dues by the Employer, the Union agrees to indemnify and save the Employer harmless in respect of all suits, actions or causes of action which may arise in respect of the operation of this Article. ARTICLE 5 - NO STRIKES OR LOCK-OUTS 5.01 During the term of this Agreement, the Union will not cause, permit or authorize its members or employees covered by this Collective Agreement to strike, slowdown, or engage in any work stoppage or picketing, which will interfere in any way with the Employer's operations During the term of this Collective Agreement, no Union Officer or Representative shall authorize, encourage, induce, participate in or assist in any such strike, slowdown, work stoppage, picketing, or collective activity which will interfere in any way with the Employer's operations During the term of this Agreement, the Union or any of its Officers or Representatives will not cause, permit or authorize members or any employee in the bargaining unit to refuse to cross any picket line, lawfully constituted or otherwise, at the site of any Employer whatsoever, including the Employer herein During the term of this Agreement, no employee covered by the terms of this Agreement shall refuse to cross any picket line, lawfully constituted or otherwise at the site of the Employer Any employee who ceases work or engages in any activity outlined in paragraphs 5.01 and 5.04 may be discharged or otherwise disciplined by the Employer The Employer agrees that it shall not lock-out employees during the term of this Collective Agreement. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 3

4 ARTICLE 6- UNION REPRESENTATION 6.01 The Employer agrees to recognize one (1) employee appointed by the Union who has completed at least twelve months of service, as a Steward for the purpose of representing employees in the bargaining unit. The Union shall be required to notify the Employer of the name of the Steward in writing The Union acknowledges that the Steward has regular duties to perform as an employee of the Employer. Union business will not be transacted during regular working-hours Union business, including meetings and telephone calls with the Business Representative of the Union, shall not take place on the premises of the Employer (except in the case of resident employees). The Business Representative of the Union shall only have access to the premises of the Employer when an appointment has been made with the Employer and under no circumstance shall such visit interfere with the progress of work performed by members of the bargaining unit. ARTICLE 7 - NO DISCRIMINATION 7.01 The parties agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either of them or their representatives or members, because of an employee's membership or nonmembership in the Union or because of his activity or lack of activity in the Union It is further agreed that there shall be no solicitation of members, collection-of-dues, or other Union activity on the premises of the Employer except as permitted by this Agreement or specifically authorized by the Employer in writing. ARTICLE 8 - GRIEVANCE PROCEDURE 8.01 The immediate attention to complaints and grievances is of the utmost importance. A grievance is defined as a question pertaining to the interpretation, application, administration or alleged violation of a specific provision of this agreement. Properly constituted grievances may be processed through the following procedures: STEP N0.1- Verbal Within fiv (S)_workin.g-days_after th alleged complaint_incident,_the aggrieved shall present the verbal complaint to his/her designated Property YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page4

5 Manager. The Property Manager shall schedule the time and place for the discussion within three (3) working-days of the receipt of the complaint. The Property Manager shall give his/her response within five (5) workingdays following the meeting. Should no settlement be determined, the union may proceed to the next step of the Grievance Procedure within five (5) working-days from the date of the response from the Property Manager. STEP N0.2-Written STEP N0.3 The aggrieved, through an authorized Union Representative, may submit the written grievance to the Property Manager or Designate and the responsible parties shall meet within five (5) working-days following. Should no settlement satisfactory to the Union be determined within five (5) working-days following this meeting, the next step of the Grievance Procedure may be implemented. Should no settlement, satisfactory to the Union be determined within five (5) working-days following the employer last response at Step No. 2, the grievance may be submitted to arbitration within ten (10) working-days following, as provided in Article 9 -Arbitration The time limits set out in both the Grievance and Arbitration Procedures herein are mandatory and the failure to comply strictly with such time limits except by the written agreement of the parties shall result in: (a) If the grievance has not been processed by the Employer within the prescribed time limit, the grievance may be advanced to the next step within the time limit as prescribed; (b) If the grievance has not been processed by the Union in accordance with all of the time limits prescribed, the grievance shall be deemed to have been settled and/or abandoned. Section 48(16) of the Labour Relations Act does not apply to this Agreement. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 5

6 8.03 An employee who has acquired seniority who claims to be improperly laid-off, discharged or suspended may file a grievance at Step #2 of the Grievance Procedure within three (3) working-days after such alleged improper lay-off, discharge or suspension Policy Grievance A grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement must be originated within five (5) calendar days of the event giving rise to the grievance. Failing settlement within five (5) calendar days, it may be submitted to arbitration in accordance with Article 9. However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not be thereby by-passed All agreements reached under the Grievance Procedure between the representatives of the Employer and the Representative of the Union shall be final and binding upon the Employer and the Union and the employee or employees involved. ARTICLE 9 -ARBITRATION 9.01 Any properly constituted grievance concerning the interpretation, application, administration or alleged violation of this Agreement, which has been properly processed through all of the Steps of Article 8, but has not been satisfactorily settled, may be referred to arbitration Within twenty (20) calendar days of date of receipt of a request for arbitration, the parties shall endeavour to agree on the name of an Arbitrator. If agreement is not then reached, the party requesting arbitration may then request the Ministry of Labour to appoint an Arbitrator and advise the other party accordingly. Such request to the Ministry of Labour must be made no later than fourteen (14) calendar days following the twenty (20) day period referred to in this paragraph The Arbitrator shall, upon receiving a Notice to Arbitrate, arrange a hearing at the earliest date. All concerned parties shall be given a minimum of ten (10) full-days' notice. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 6

7 9.04 The Arbitrator shall, after hearing all of the evidence and submissions from all parties concerned, submit a final and binding decision in writing. Reasons for the decision need not be given at the time of the decision, but shall be provided within a reasonable period of time thereafter The Arbitrator shall be provided with written records containing details of the grievance, the section or sections of the Agreement which are alleged to have been violated and the requested remedy, none of which is subject to change The Arbitrator shall not have the power to alter or change any of the provisions of this Agreement; or to substitute any new provisions for any existing provisions, nor to render any decision inconsistent with the terms and provisions of the Agreement Statutory Holidays, Saturdays and Sundays shall be excluded from the times provided for the various Steps. Time limits may be adjusted by agreement of the parties concerned for Articles 8 and The Union and the Employer shall equally share any expenses of the Arbitrator. ARTICLE 10 - SENIORITY Seniority is defined as the duration of an employee's unbroken service with the Employer, from the date of the employee's date of hire Recalls shall be by individual job classification in reverse order of lay-off provided the employee has the skill and ability to do the work required. The Employer shall notify the employee of recall by registered letter forwarded to the last known address on file with the Employer New employees shall serve a probationary period of ninety (90) calendar days before acquiring seniority rights which shall than date back to their respective date of starting to work with the employer. Days not worked due to any absence whatsoever shall not count towards the employee's seniority for the purposes of acquiring seniority. Retention by the Employer as an employee shall be entirely and solely within the discretion of the Employer. If the Employer decides to terminate an employee at any time during the employee's probationary period, such action by the Employer shall not be subject to the Grievance or Arbitration ocedures and does ot G:onstitute a difference between the parties. YCC 330 AND LUINA LOCAL 183 EXP: MA Y31/2022 Page 7

8 10.04 Seniority shall be retroactive to the first day of employment, after the probationary period is completed Any employee who has not received pay for a period of twelve (12) months or length of service whichever is shorter shall lose all previously established seniority rights and deemed to be terminated and if subsequently rehired, shall be considered as a new employee Authorized leaves of absence, sickness and recognized holiday periods shall not be deducted from an employee's length of service Seniority shall be discontinued and employment terminated if an employee: (a) voluntarily resigns; (b) (c) (d) is discharged for cause and is not reinstated through the Grievance and Arbitration Procedure; is absent from work for two (2) consecutive working-days without proper notice to the Employer and does not provide a reason acceptable to the Employer; fails to report for work within five (5) working-days after recall by the Employer. e) Fails to return from an approved leave of absence without contacting the Employer and without providing a reason acceptable to the employer, or uses a leave of absence for a purpose other than that for which it was granted; f) Is employed by a third party or performs work without the written approval of the Employer during an approved leave of absence, WSIB absence, or absence due to illness; g) Commits harassment or violence against a visitor or resident/owner of the Corporation that has been confirmed by the Employer's investigation;...:...: h)_ Consumes alcehol or illegal dru.gs_duriog workio hours oc attending work, including call-out, or is in a condition unfit to perform work safely due to alcohol or drug impairment. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 8

9 ARTICLE 11 - HOURS-OF-WORK AND OVERTIME Work schedules shall be determined exclusively by the Employer including designation of days-off. The following scheduling guidelines shall continue in effect: (a )Resident Superintendent (i) the Resident Superintendent shall be entitled to three (3) days off every two week cycle. (ii) the normal work-hours for the Superintendent shall be eighty-eight (88) hours per two week scheduled Sunday to Saturday. (iii) the Superintendent shall be entitled to one (1) sixty (60) minute unpaid lunch period per day. (b )Hourly-employees c (i) (ii) (iii) (iv) hourly-employees shall be entitled to three (3) days-off in every two week cycle; the normal hours of work for the hourly paid employee will be between thirty (30) and forty ( 40) hours per week as scheduled by the Employer over a two week period; authorized overtime shall be paid at the rate of one and onehalf (1 V2) times the employee's regular straight-time hourly rate and shall be paid for all hours worked in excess of eightyeight (88) hours per two week cycle or time off in lieu; and Shall be entitled to one (1) sixty minute unpaid lunch period per day Call out Resident Superintendents are on-call as designated by management and --="-- uring sue times and schedules as provided by the Employer. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 9

10 ARTICLE 12 - VACATION Vacation Pay shall be predicated on the length of employment with his or her Employer, in accordance with the following: The vacation year is calculated April 1st, to March 31st. (a) Employees with less than one (1) year of service shall earn Vacation Pay of 4% of their total gross wages and one (1) day per month off to a maximum of ten (10) days off. (b) Employees with less than six (6) years' employment shall earn Vacation Pay equal to four percent (4%) of their total gross wages earned less vacation pay earned in the previous year and two (2) weeks-off. (c) Employees with six (6) or more years' employment shall earn Vacation Pay equal to six percent (6%) of their total gross wages earned, less vacation pay earned in the previous year and three (3) weeks-off (d) Employees with fifteen (15) years or more of employment shall receive vacation pay equal to eight percent (8%) of their total gross wages earned less vacation pay earned in the previous year and four (4) weeks-off. (e) Employees with 20 or more years of service shall receive vacation pay equal to ten percent (10%) of their gross wages earned in the previous year less vacation pay earned in the previous year and 4 weeks off Vacation periods shall be scheduled by mutual consent of the Employer and employees with at least two weeks prior written notice. Should a dispute arise between two (2) or more employees for the same time period off, seniority and operational needs shall govern. Employees who have three and four weeks of vacation time off will take vacation to a maximum of two weeks' off at any one time unless agreed to by the Employer Vacation pay payment shall be as per the current practice. An employee may request that he/she receive up to two (2) weeks' vacation pay in wages from the employee's annual vacation bank, when the employee is unable to take vacation time off due to the employee's choice or operational needs. The employee must provide at least two (2) weeks' notice in advance of such written request =- YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 10

11 ARTICLE 13 - JURY DUTY An employee who is called to serve as a juror shall be granted a leave of absences with pay for such purpose to a maximum of fifteen (15) days. Any jury duty that is longer than 15 days shall be without pay Each employee serving such jury duty shall be required to provide to the Employer satisfactory proof of such jury duty being served and shall report for work when possible. ARTICLE 14- BEREAVEMENT LEAVE In the case of death in the.. immediate family.. of an employee covered by this Agreement, the employee will be protected against loss of his regular straight-time hourly pay for scheduled work up to a maximum of three (3) consecutive days prior to and inclusive of the day of the funeral, for the purpose of making arrangements and/or attending the funeral. The term.. immediate family.. means the employee's spouse, mother, father, child, brother, sister, mother-in-law, father-in-law, step child, grandparents. The Employer may request reasonable proof of bereavement. ARTICLE 15 -WAGES For the purpose of calculating any benefit under this Agreement to which an employee is entitled, the regular straight-time rate-of-pay is that prescribed in Schedule.. A.. - Wage Rates, of this Collective Agreement. ARTICLE 16 - JOB POSTING A determination of the existence of a vacancy shall be in the sole discretion of the Employer When the Employer determines that a vacancy exists, a notice shall be posted in the work place for five (5) calendar days Nothing herein prevents the Employer from considering applicants from outside of the bargaining unit after internal applications have been given first consideration. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 11

12 16.04 In assessing the applicants, the Employer shall consider the following factors: (a) skill, ability, experience, qualifications, stability, competence, education and efficiency; (b) seniority (if applicable) with the Employer. When in the sole judgement of the Employer, the factors in (a) are relatively equal, seniority (if any), shall govern. It is understood and agreed that the Employer shall be the sole judge of the overall requirements for the position and the sole judge of assessing the applicants as per (a) above An employee selected as a result of a posted vacancy need not be considered for a further permanent vacancy for a period of up to six (6) months from the date of his selection In the event that the vacancy referred to above is filled by a member of the bargaining unit, the vacancy resulting from the transfer of the successful applicant shall not be subject to the posting requirement. ARTICLE 17- LAY-OFF AND RECAlL When the Employer decides that a lay-off is necessary, or following a layoff that a recall is warranted, the following factors should be considered: (a) (b) skill, ability, experience, qualifications, suitability, competence and efficiency; seniority. When, in the sole judgement of the Employer, the factors in (a) are relatively equal, seniority shall govern. It is understood and agreed that a claim of an improper lay-off or recall may be grieved When recalling an employee after lay-off, he/she shall be notified by registered mail or telegram or any other reasonable method, and allowed seventy-two (72) hours to report for work, and in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled but shall be temporarily employed until the senior employee reports within the seventytwo (72) hour period as outlined. An employee to whom a registered letter or telegram is sent in accordance with this Article must contact the Property Manager within seventytwo (72) hours of the notice of return to work if he/she wishes the Employer to hold the job open for him/her for the full seventy-two (72) hour period. It shall be the employee's respons1oility to -keep the Employer notified as to any change of his /her aadress or telephone number so that they will be up to date at all times. YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 12

13 ARTICLE 18 STAT HOLIDAYS The following Statutory Holidays shall be recognized: New Year's Day Family Day Good Friday Canada Day Civic Holiday Labour Day Thanksgiving Day Victoria Day Christmas Day Boxing Day An employee must have worked his/her regular scheduled shift of each of the working-days immediately preceding and immediately following each of the noted holidays before qualifying for holiday pay for any of the noted Statutory Holidays. The noted requirements are not mandatory if an employee is prevented from working by illness or any other reason acceptable to the Employer ie: vacation or days off Hourly-paid employees shall receive holiday pay equal to a normal day's pay or equivalent calculated at the rate of the employee's pay. Superintendent classification shall receive holiday pay equal to his/her wage for a single working-day calculated on the basis of the employee's salary An employee required by an Employer to work any of the above-noted Statutory Holidays shall be dealt with as follows: (a) Hourly-paid employees: the Employer and employee will schedule another working day off with pay to substitute for the Stat Holiday worked. (b) Superintendent: the Employer and employee will schedule another working day off with pay to substitute for the Stat Holiday worked. ARTICLE 19 HEALTH AND WELFARE The Employer agrees to contribute as shown below for those employees in the active employ of the Employer, into Local 183 Industrial Benefit Fund, jointly administered by an equal number of Employer and Union Trustees, for the purpose of purchasing Plan "B" for the employees covered by this Agreement, represented by Local 183, plus applicable taxes as follows: YCC 330 AND LUlNA LOCAL 183 EXP: MAY31/2022 Page 13

14 Effective July 1, $ per month per employee Effective June 1, $ per month per employee Effective June 1, $ per month per employee Effective June 1, $ per month per employee Effective June 1, $ per month per employee ARTICLE 20 - PROTECTIVE CLOTHING The Employer will provide protective clothing for employee s use, including safety boots and uniforms up to five (5) shirts and five (5) pants for the males at no cost to the employees. Safety boot premium is capped at one hundred and fifty dollars ($150.00) per contract year. ARTICLE 21 - DURATION OF AGREEMENT This Agreement shall remain in effect from the date of ratification to and including May 31, 2022 and shall automatically be renewed from year-to-year thereafter unless either party notifies the other party in writing of its desire to amend or terminate this Collective Agreement. Such notice shall be sent to the other party within ninety (90) days of the termination date of this Collective Agreement noted herein. DATED at Richmond Hill, Ontario, this 2 P Signed on Behalf of: vee 330 T7 Signed on jj;j Behalf of: YCC 330 AND LUINA LOCAL 183 EXP: MA Y31/2022 Page 14

15 SCHEDULE "A" Wages A.01 Resident Superintendents shall receive as part remuneration for the position of Resident Superintendent an apartment, and one (1) parking space suitable for two (2) vehicles, and one storage locker. Building cable service is provided. Any additional cable charges shall be the responsibility of the superintendent. It is understood that the Superintendents apartment are subject to the provisions of the Income Tax Act, as it relates to taxable benefits and regulations and/or direction or assessments from Canada Revenue Agency (CRA). A.02 The Resident Superintendent shall be paid as follows: Effective Year 1 Year 2 Year 3 Year 4 Year 5 Annual Increase 2.00 /o 2.00 /o 2.50 /o 2.75 /o 3.00 /o A.03 Hourly-paid employees shall be paid as follows: Cleaner: Effective Year 1 Year 2 Year 3 Year 4 Year 5 Regular Straight-Time Hourly Rate $12.75/HR 2.00 /o 2.50 /o 2.75 /o 3.00 /o YCC 330 AND LUINA LOCAL 183 EXP: MAY31/2022 Page 15