COLLECTIVE BARGAINING AGREEMENT

Transcription

1 COLLECTIVE BARGAINING AGREEMENT between The Hospitality & Service Trades Union, Local 261 (hereinafter referred to as the "Union") and r Aramark Canada The Carleton University (hereinafter referred to as the "Company") TERM: August 1, 2014 to July 31, 2019

2 ARTICLE 1- DECLARATION OF PURPOSE... 1 ARTICLE 2- SCOPE... 1 ARTICLE 3- RECOGNITION... 2 ARTICLE 4- UNION SECURITY... 2 ARTICLE 5- NO STRIKE OR LOCK-OUTS... 4 ARTICLE 6- DISCRIMINATION... 4 ARTICLE 7- MANAGEMENT RIGHTS... 5 ARTICLE 8- STEWARDS... 5 ARTICLE 9- GRIEVANCE PROCEDURE... 6 ARTICLE 10- DISCHARGE CASES AND DISCIPLINE...? ARTICLE 11 -UNION OR COMPANY GRIEVANCE... 9 ARTICLE 12-ARBITRATION... 9 ARTICLE 13- MEETINGS WITH MANAGEMENT ARTICLE 14- SENIORITY RIGHTS ARTICLE 15- LEAVE OF ABSENCE ARTICLE 16- BULLETIN BOARDS ARTICLE 17 -ACCESS TO PREMISES ARTICLE 18- UNIFORMS ARTICLE 19- GENERAL ARTICLE 21 -PRESENT AND FUTURE LAWS ARTICLE 22- HOURS OF WORK AND WORKING CONDITIONS ARTICLE 23- OVERTIME ARTICLE 24- CONDITIONS ARTICLE 25- HOLIDAYS ARTICLE 26- JOB POSTING, TRAINING ARTICLE 27- JURY DUTY ARTICLE 28- MEAL PROGRAM ARTICLE 29- VACATIONS ARTICLE 30- HEALTH AND SAFETY ARTICLE 31- SICK LEAVE ARTICLE 32- UNION RESOURCE DEVELOPMENT FUND ARTICLE 33- GROUP INSURANCE BENEFITS ARTICLE 34- GROUP RRSP PLAN ARTICLE 35- DURATION AND TERMINATION OR MODIFICATION Wage Schedule Letter of Understanding #1: Letter of Understanding #2: Letter of Understanding #3:... 29

3 AGREEMENT This Agreement, entered into this 1st of August 2014 between ARAMARK Canada Ltd. located at the Carleton University, Ottawa, Ontario, Canada (hereinafter referred to as the "Company") and The Hospitality and Service Trades Union, Local 261, Ottawa, Ontario, Canada. ARTICLE 1 - DECLARATION OF PURPOSE 1.01 The general purpose of this Agreement is to establish mutually satisfactory relations between the Company and the Union, to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain reasonable working conditions, including hours of work and wages, for all employees who are subject to the provision of this Agreement The Union and the Company recognise that all workers in the food service industry are professional employees deserving of the highest regard and as such, the parties agree that the continued success and operation of the Company's establishment is dependent upon their mutual respect for one another's work and the provision of service to clients and customers that meets their reasonable expectations. The Union, the Company, the nonunion and union employees will work together to honour principles of respect and dignity. ARTICLE 2 - SCOPE 2.01 This Agreement shall apply to all food service employees of ARAMARK Canada Ltd. employed at Carleton University in the City of Ottawa, in Ontario, save and except Supervisors, persons above the rank of supervisor, Office and Clerical Staff, Executive Chef, Chefs and all students Persons excluded from the bargaining unit shall not perform work performed by employees within the scope of the agreement, with the exception of the Chef, Sous Chef(s) and Students, who may perform work consistent with industry practice. As well, Non- bargaining unit personnel may perform bargaining unit work in order to provide hands-on training or instruction, in the event of an emergency and situations beyond the control of the Company for example, sudden unexpected increases in customer volume, and when specific client staffing requests are made occasionally provided the performance of such work does not result in any loss of shifts or earnings for bargaining unit employees or prevent the future growth of the bargaining unit The Company agrees that the total number of students employed by the Company in food service shall not exceed 45% of the total size of the bargaining unit. 1

4 2.04 Wherever the male gender is used in the Agreement, it shall be understood to include female gender This Agreement shall not be construed to extend to or affect in any way any other phase of the Employer's business or construed to include any other employees of the Employer in any of the Employer's other divisions, branches or units at Carleton University. ARTICLE 3 - RECOGNITION 3.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all employees covered by this Agreement. The Company shall: i. At the time of hire, advise the employee of the fact that a Collective Agreement is in effect and that membership in the Union is a condition of employment, as set out in the Collective Agreement. ii. iii. iv. Invite a Shop Steward to an employee orientation session when ten (1 0) or more new employees are hired or every four (4) weeks whichever comes first assuming there are new hires to orient, for the purpose of introducing the new employees to the Union. Such time shall be regarded as time worked and shall not exceed one- half (1/2) hour. Provide the new employee with a copy of the collective agreement and the name and phone number of the Shop Steward. Share equally in the costs of printing collective agreements with the Union. ARTICLE 4- UNION SECURITY 4.01 All present and future employees within the scope of this Agreement who have completed fourteen (14) calendar days service with the employer shall, as a condition of employment, become and remain members in good standing of the Union for the duration of this Agreement a) Provided the Company complies with the written directions issued by the Union governing the deduction and remittance of union dues, are followed the Union agrees to save the Company harmless from any claim by an employee arising out of the collection of Union dues by monthly payroll deductions. Should the written directions provided by the Union become problematic to the Employer, the Union agrees to discuss this with the employer to endeavour to find a 2

5 reasonable solution. b) In the event of a shortfall in the collection and remittance of union dues, the Union shall notify the Company in writing within ninety (90) days of when the union ought to have known of the shortfall. This notification shall include, where the Union has the information, the total amount of the shortfall and the employees that the shortfall relates to. The Company shall thereafter make the required deduction from the affected employees, and make the remittance to the Union office. If within sixty (60) days of being notified, the Company has failed to comply with the Union's notification, the Company shall not make the required deduction from the affected employees, but rather will be responsible for making the payment to the Union office itself The Company shall deduct initiation fees, union dues, fees, and assessments and remit them together with information regarding the members, as directed by the Union in writing. The Employer shall remit this amount to the Union Office monthly, not later than the fifteen (15) day of the month following the month for which such deduction is made The Company shall require each employee, at the time of hire, to complete a written check-off authorization, in the form prescribed by the Union, and shall deliver the form to the Union. The check off form shall be irrevocable and valid for the duration of the member's employment. Should the new employee fail to complete and remit the required "Application for Membership and Check-off Authorization form" to the Union within fifteen (15) days of hire, he shall be removed from the work schedule and not permitted to work until this requirement is met The Company further agrees that in the event of an employee being on vacation or other paid leave of absence at the time of a regular deduction, such deduction shall be made from the employee's vacation pay or regular pay In the event of a union member being on an absence without pay through a complete pay period(s) due to illness or non-compensable injury, any outstanding dues shall be deducted from his first pay following his return to work unless otherwise agreed by the Union a) The Company hereby agrees to limit the use of agency personnel in the catering department. The Company agrees to offer all hours for catering events, to existing catering department employees first. If additional employees are needed to staff a catering event, bargaining unit employees with the skill and ability as determined by the Employer to perform the catering work will be offered those hours by seniority prior to bringing in agency personnel. The Company further agrees that controlled gratuities shall not be paid to any agency or any person working for the agency. Such gratuities shall be used exclusively for distribution to those ARAMARK employees deemed eligible by the Company. 3

6 The Company may utilize persons from an outside agency to augment the Company's employee complement only in situations where there are insufficient bargaining unit employees available to work a particular catering function or the current catering employees do not possess the necessary skill and ability for a particular function. b) The Company shall make reasonable efforts to ensure that there is an adequate complement of food service staff for the needs of the catering departments. Where this may present a problem, the Company and the union will meet to resolve the problem The Company hereby agrees that all monies deducted from employees with respect to Union monies shall be deemed to be held in trust for the Union and considered not to be part of the assets of the Company. In the event of a bankruptcy, the monies so deducted shall be considered separate from the Company's assets. ARTICLE 5- NO STRIKE OR LOCK-OUTS 5.01 It is agreed that there shall be no strikes by the Union during the life of this Agreement. It is agreed that there shall be no lock-out by the Company, during the term of this Agreement. The definitions of the terms "strikes" and "lockout" as used herein shall be in accordance with those contained in the Ontario Labour Relations Act. All disputes shall be processed according to the Grievance Procedure as set out in this Agreement or through filing with the Ministry of Labour that the Ontario Labour Relations Act has been violated. ARTICLE 6- DISCRIMINATION 6.01 The parties agree to comply with the terms of the Ontario Human Rights Code, as amended. For the purpose of clarity, includes an acknowledgement that there shall be no discrimination on either of their parts on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status and handicap and/or other reason(s) set out under the Code. 4

7 6.02 The parties agree that there shall be no discrimination, interference, restriction, limitation, coercion, harassment or intimidation exercised or practised by either of them or their representatives or members because of the level an employee's involvement in activities in the Union. ARTICLE 7 - MANAGEMENT RIGHTS 7.01 The parties acknowledge that, subject to the terms of this Agreement and as is permitted by law, it is the exclusive function of the Company to generally manage the enterprise in which it is engaged and particularly to: a) Maintain order and efficiency. b) Hire, lay-off, transfer, promote, discharge, demote, or otherwise discipline employees subject to the provisions of this Agreement, and provided that a claim of discriminatory promotion, demotion, transfer, lay-off or rehire or a claim that an employee has been discharged or otherwise disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided. c) The Union recognizes the right of the Company to operate and manage its business in accordance with its obligations and to make and alter from time to time reasonable written rules and regulations and policies and procedures to be observed by the employee. Such rules and regulations and/or policies and procedures shall not be inconsistent with the terms of the Agreement or any applicable law. It is understood that all bargaining unit employees must abide by the employer's reasonable workplace rules and policies. When new rules, regulations, policies and procedures are introduced, they will be forwarded to the union office with as much reasonable notice as possible prior to its implementation Any claim that the Company has exercised their rights unreasonably or in conflict with the collective agreement and/or the law, may be the proper subject matter of a grievance. ARTICLE 8- STEWARDS 8.01 The Company acknowledges the right of the Union to elect or otherwise appoint up to five (5) Shop Stewards to assist employees in presenting their grievances to representatives of the Company and to perform other Union-related duties. The Union will make every reasonable effort to have Shop Stewards represent different areas of the Unit. 5

8 For lay-off and recall purposes only, an employee-elected Shop Steward shall, for the duration of his term of office, be deemed to have the highest seniority of their classification It is understood that the Union Steward's first obligation is the fulfillment of his/her responsibilities as an employee. As such, Shop Stewards shall not absent themselves from their regular duties without receiving prior permission from the Company to do so. Such permission shall not be unreasonably withheld The Union shall notify the Employer in writing of the name of each Steward and alternate before the Employer shall be required to recognize him/her. In the event a Steward or alternate is not available but is required under the terms of the Collective Agreement, another employee from the bargaining unit may be selected by an employee for representation purposes. ARTICLE 9- GRIEVANCE PROCEDURE 9.01 "Grievance" means any difference between any employee and the Company concerning the interpretation, application, operation, or any alleged violation of this Agreement, including any questions as to whether any matter is arbitrable, and shall also mean any difference arising from disciplinary action by the Company. "Party" means one of the parties to this Agreement. All grievances shall be finally and conclusively settled in the manner set out in this article. Step #1: Discussion Stage: The employee(s) concerned or the Union shall discuss the grievance, with or without a Shop Steward at the employee's option, with their management representative who immediately supervises the concerned employee within five (5) days of the alleged violation or within five (5) days of when the employee should otherwise have known of the alleged violation. The supervisor shall make an investigation and attempt to bring about a settlement within five (5) working days. Any settlement reached at this Step shall be on a without prejudice basis and shall not conflict with the terms of the Collective Agreement. Step #2: Formal Grievance: Failing a satisfactory settlement under Step #1, the matter shall be referred to the local union where it shall be reduced to writing and submitted to the Department Director within five (5) days of receipt of the reply at Step 1. The Department Director shall meet with the Union and the employee(s) and any other persons involved, if so requested by either party, with a view to settling the grievance, within five (5) working days. 6

9 Step #3: Formal Grievance: Failing a satisfactory settlement under Step #2 within the prescribed time limits, the Union may submit a grievance to the District Manager or assigned designate within five (5) days of receipt of the reply at Step 1 2. The District Manager or assigned designate shall meet with the Union and with the employee(s) and any other persons involved, if so requested by either party, with a view to settling the grievance, within ten (1 0) working days. Step #4: Referral to Arbitration: Failing a satisfactory settlement under Step #3, within ten (10) working days thereafter, the Union may refer the grievance to an arbitrator as hereinafter set out in Article XII. If arbitration is to be invoked, the referral to arbitration must be made in writing within fifteen (15) working days after the grievance has been dealt with in Step # The time limits as prescribed in Article IX - Grievance Procedure, Article XII - Arbitration, and Article X - Discharge Cases, shall exclude Saturdays, Sundays, and Holidays and may be extended by mutual agreement of the parties. ARTICLE 10- DISCHARGE CASES AND DISCIPLINE a) No bargaining unit employee shall discipline another bargaining unit employee. b) No employee shall be disciplined or discharged without just cause The Company and the union agree that probationary employees may be dismissed for reasons less serious than would justify the dismissal of non-probationary employees. The Company retains sole discretion to terminate a probationary employee, as long as the Company does not exercise its discretion in a manner which arbitrary, discriminatory or in bad faith and that this will constitute a lesser standard for probationary employees. A claim by an employee who has not completed his probationary period that he has been unjustly discharged from his employment shall be treated as a grievance if a written statement of such grievance is lodged with the District Manager or his designate within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step 3 will be omitted in such cases All employees, who have completed probation, will be subject to progressive discipline and consequently will normally be given warnings for incidents of misconduct prior to discharge or suspension, with the exception of gross misconduct. All notices of discipline will be given in writing by the Company at the time of warning, discharge or suspension with a copy to the Union, giving the reason for the warning, discharge or suspension. The employee shall be offered the assistance of a Shop Steward when a disciplinary action takes place. 7

10 10.04 a) No discipline can be taken against any employee regarding a violation of a Company rule or regulation where such rule or regulation was not explained to the employee, with the exception of rules or regulations that reasonably ought to be known. b) In the application of Article nine- Grievance Procedure, time limits governing the submission of a grievance relating to a discharge shall commence on the date on which the Union receives notification of the termination, either in writing or during a meeting held between the Union and Company representatives Such grievance may be settled by the parties by confirming the Company's action in dismissing the employee, or by any other arrangement which is just and equitable in the opinion of the conferring parties The employer must take disciplinary action within five (5) calendar days of knowledge of the facts giving rise to the disciplinary action unless the employer indicates that it will be required to do a more detailed investigation. If such is required the union and the company will meet to set a reasonable time frame Any disciplinary measure will be removed from an employees' file after twelve (12) months worked Where an employee has been discharged or suspended, he shall have the right to an interview with his Shop Steward for a reasonable period of time before leaving the premises. The employee shall be given written reasons for the discharge or suspension at the time of the event and a copy shall be forwarded to the Union Office within three (3) calendar days. In cases of discharge, the employee shall also be given the appropriate documentation for employment insurance purposes a) Upon reasonable notice of a request by an employee, an employee's personnel file will be available for review by the employee or with the employee and a representative of the Union at a mutually convenient time. It is understood that a request to review an employee's personnel file may be made once every six (6) months. b) The parties have agreed that grievances should be settled in the Grievance Procedure. To ensure this, the parties agree where reasonably possible that all known relevant documentation on which the parties may intend to rely at in Arbitration shall be tendered to be available for inspection during the Grievance Procedure. 8

11 ARTICLE 11 -UNION OR COMPANY GRIEVANCE The Union or the Company may file a grievance involving the interpretation, administration, or alleged violation of the Collective Agreement directly to the other party. Such grievances shall commence at Step #2 of the Grievance Procedure. ARTICLE 12 - ARBITRATION When either party request that a grievance be submitted to arbitration as provided below, such request shall be submitted in writing to the other party and shall designate the grievance in question. The wording of the grievance at this stage shall constitute the official grievance as processed under the Grievance Procedure The Arbitration board shall consist of a single arbitrator selected by mutual agreement between the parties within fifteen (15) working days after the notice of intent is received by the District Manager If the arbitrator so selected is unable to hear the case within a reasonable amount of time acceptable to the Union and the Company, or in the event the parties are unable to agree on an arbitrator, one will be appointed by the Ministry of Labour No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance No matter may be submitted to arbitration which has not been properly carried through all the previous steps of the Grievance Procedure, unless otherwise agreed by the parties, in writing The Arbitrator shall not be authorized to alter, modify, or amend any provisions of this Agreement and the decision of the Arbitrator shall be final and binding on all parties concerned At any stage of the Grievance Procedure including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to have access to the operation to view the disputed operations and to confer with the necessary witnesses, provided that operations are not unduly disrupted, Article is complied with and that permission from the Employer has been granted for concerned employees or witnesses to be released from their regular job duties. Time spent conferring with witnesses or concerned employees will be considered unpaid The grievor will be released from his normally scheduled hours without loss of pay should the arbitration hearing conflict with those hours. 9

12 12.09 The parties shall endeavour to obtain suitable facilities to convene the hearing, at no cost. The parties shall equally share the expense of the Arbitrator and hearing facility costs, if any. ARTICLE 13- MEETINGS WITH MANAGEMENT The Employer and Union agree that there shall be a Labour-Management Committee consisting of no more than five (5) individuals from each party. Committee members shall be designated, in writing, by each party to the other. Committee meetings shall be held quarterly at mutually agreeable times to apprise the other of problems, concerns, and suggestions related to the operations and the work force and other non-grievance related subject matter, all with the aim of promoting better understanding between the parties. Each of the parties shall produce and exchange their respective agendas for said meetings where possible at least seven (7) days in advance of the meeting. All time spent in the meeting will be considered time worked Minutes that are produced as a result of these meetings shall be co-signed Where employees are required to attend meetings or training seminars called by the Company, they shall be paid, at their normal rate for time spent in attendance or overtime if they meet the requirement. Time spent in training will be considered as hours worked. If an employee is required for to attend training on a day they are not scheduled to work, that employee will be paid a minimum of three (3) hours. ARTICLE 14- SENIORITY RIGHTS a) An employee's "classification seniority" shall be based on length of service with the Company in his respective classification within a component. b) An employee's "departmental seniority" shall be based on length of service with the Company in his respective classification within the following departments: 1) Fresh Food Company, 2) Retail and 3) Catering c) An employee's "company seniority" shall be based on the employee's length of service with the Company, regardless of classification. d) In the application of this article, past service with the predecessor employer(s) shall continue to be recognized. 10

13 e) For the purposes of this Agreement a full time employee is defined as an employee who normally works twenty-four (24) hours or more per week. A parttime employee is defined as an employee who normally works less than twentyfour (24) hours per week a) Classification seniority shall apply to: Schedules & hours of work Overtime Selection of vacation Reduction of work hours b) Company seniority shall apply to: Vacation pay/entitlement Eligibility for group insurance benefits Termination & severance pay Permanent layoff c) Departmental seniority shall apply to: Temporary lay-off and recall Job posting Employees whose positions are abolished or who are displaced or who are laid-off shall be entitled to exercise their seniority rights to displace junior employees within their classification a) When it becomes necessary to implement temporary lay-offs such layoffs shall be on the basis of the employee's classification seniority within their department. First to be laid off, in order of seniority will be volunteers, provided that such volunteer lay-off doesn't result in additional costs to the Company. Thereafter, lay-offs shall occur in the reverse order of classification seniority as follows: probationary employees shall be laid off; then part-time employees shall be laid off next; and finally full-time employees shall be laid off after all previously mentioned categories of employees have been laid off. b) In cases of permanent layoff the same layoff procedure as temporary layoffs would be used using company seniority c) The above procedure shall apply provided it does not prevent the Employer from maintaining a work force of employees who are qualified and willing to do the work, which is available. 11

14 14.05 Revised, up-to-date seniority lists shall be posted by the Company within thirty (30) days of the signing of the Agreement and thereafter each September, January and May. Such lists shall show names, classifications, status and dates of entry into the Company's service in a position covered by this Agreement, from which date seniority shall accumulate. Copies of all seniority lists shall be supplied to the Union at the time of posting as outlined above and upon any revisions being made. Protests relating to seniority status including the reasons for the protest may be submitted to the Company within ten (1 0) days from the date of posting of the seniority lists and shall be treated as grievances An employee will lose all seniority and his employment will terminate if he: a) Voluntarily resigns his or her employment b) Is absent from work without permission for three (3) consecutive working days unless a reasonable explanation is given by the employee; c) Is discharged for just cause and not reinstated through the grievance/arbitration procedures; d) Layoff without recall after a period of one (1) year from the date of layoff. e) Following a lay-off, fails to advise the Company within five (5) days after receipt of notice to return to work of this intention to return as notified and fails to return within seven (7) days after being so notified by the Company. When recalling employees to work after a lay-off they shall be recalled, in the inverse order to that in which they were laid off using a method of conveyance to ensure proof of receipt of the recall notice can be established. f) Utilizes a leave of absence for reasons other than those for which such leave was granted. g) Voluntarily retires Any notice sent by the Company to an employee's last recorded address via a mode of delivery which provides a signature proof of delivery shall be sufficient and effective notice No Shop Steward shall be dismissed until the Union is notified in writing, and a meeting is held between the Union Business Representative and Company representative, unless the offence is of a serious enough nature in the opinion of the 12

15 Company that will require his immediate removal from the premises. However, in all cases, either party may invoke the Grievance Procedure New employees shall be on probation for a period of sixty (60) days worked or 90 calendar days, whichever is less, from their date of hire Where two or more employees share the same date of hire, their placement on the seniority list(s) shall be determined by alphabetical order by last name. ARTICLE 15 - LEAVE OF ABSENCE Upon written notice to the Employer through the Human Resources Manager, an employee may apply for a personal leave of absence without pay for up to six (6) calendar months. An employee must submit a written request at least thirty (30) calendar days in advance; however, the Employer will consider exceptions for unforeseen circumstances. The Company may grant leave of absence to any employee for legitimate personal reasons and all leave requests shall be approved at the sole discretion of the Employer. All leave of absences must include a return to work date. Extensions will be granted at the discretion of the employer but such discretion will not be unreasonably withheld. Any employees who are absent with such written permission shall not be considered to be laid-off, and their seniority shall continue to accumulate during their absence. Personal Leaves will not be granted for purposes of taking other employment unless approved by the employer a) The Employer will recognize a union negotiating committee of up to four (4) members of the bargaining unit who shall have successfully completed their probationary period. The Union shall notify in writing of the names of the members of the negotiating committee no later than 7 days prior to the commencement of collective bargaining negotiations and the employer shall ensure all committee members are released from work to attend all negotiation meetings. b) Employees selected as delegates to attend union conventions or seminars will be granted leave without pay. These leaves will be limited to an individual maximum of four (4) working days or a total bargaining unit wide of sixteen (16) working days per year. This may be extended by mutual agreement between the parties. Under normal circumstances such leave requests will be made to the director of operations or his authorized representative no later than seven (7) days prior to the start of the leave stating the names of the members requiring the leave. c) Shop Stewards shall be released from duty for the time required to attend any onsite Union meeting of the general membership of the bargaining unit to a maximum of one (1) meeting per quarter, provided his attendance will not adversely affect the Company's operation. 13

16 15.03 Where an employee is absent due to illness or injury they shall retain their seniority, but shall not accumulate seniority after the expiration of twenty-four (24) months, at which time the employee shall lose all seniority and his employment shall be deemed to have been terminated and the Employer agrees to abide by the Ontario Human Rights Code as amended from time to time in the application of this article Compassionate leave of absence with pay for bereavement, and without loss of seniority, shall be granted to employees who suffer death in their immediate family after completing their probationary period for the purpose of make necessary arrangements, grieving and/or to attend the funeral. The term "immediate family" shall include: Husband Wife Brother Sister Mother Father Child Mother-in-law or Father-in-law Grandparent Grandchild Sister-in-law Brother-in-law Adopted child or child for whom the employee is the legal guardian. Common-law relations, as defined by Revenue Canada, shall be treated in the same fashion as those by way of marriage. Leaves of absence in these circumstances shall be for five (5) paid working days but may be extended to a longer period, where circumstances warrant, at the discretion of the Director of Operations. In case of the death of an individual in the employee's family but not included above as "immediate family" i.e., Aunt or Uncle, the Employer will grant one (1) day off with pay. Additional time off may be granted if requested to an employee, without pay, when out-of- town travel is required to attend the funeral of those mentioned above. Where the burial of the deceased must be deferred, the employee shall be entitled to one (1) day leave with pay as part of the entitlements listed above to attend the funeral. In order to qualify for bereavement leave pay an employee shall, upon request, substantiate to the Company's satisfaction his claim for the entitlement under this Article. 14

17 ARTICLE 16- BULLETIN BOARDS The Company shall provide locked bulletin boards in mutually satisfactory locations at the Food Court at the University Centre and at the Fresh Food Company in the Residence Commons building for the convenience of the Union in posting notices of Union activity. All such notices must be signed by the proper officer of the local Union and must be professional. All such postings will be submitted to the Food Service Director or his authorized representative before being posted. ARTICLE 17 -ACCESS TO PREMISES Official representatives of the Union shall, after giving notice to the Company, be permitted to enter the premises at all reasonable times during the course of normal working hours to attend to the business of the Union such as ensuring that the terms of this Agreement are being implemented. It is understood that such visits shall not unduly interfere with the Company's operations. When a representative of the union is on-site, for the purpose of doing the business of the union, they will be required to sign in and out at the main Company office in compliance with the Company's health and safety procedure. ARTICLE 18- UNIFORMS In cases where employees are required to wear uniforms or special clothing determined by the Company or of the Company design or pattern, the Company shall supply every full- time employee with three (3) sets of uniforms and every part-time employee with two (2) uniforms set. In addition, employees must wear other clothing and footwear as determined by the Company. Such uniforms remain the property of the Company. A deposit of $25 (tweny-five dollars) will be required at the time of hire, which will be deducted from an employee's first pay. The deposit will be returned to the employee if they leave and return their uniform to the Employer at their last shift. Employees are prohibited from wearing such uniforms except when engaged in the service for which they are supplied. The Company will replace torn or worn uniforms in a reasonable period of time. If an employee wilfully destroys, damages or loses their uniform, the employee will be responsible for the cost of the replacement Employees required by the Company or by statute to wear steel-toed safety footwear shall have such safety footwear provided by the Company at no cost to the employee. Once a new employee complete their probation period they will receive a $50.00 reimbursement for their previously purchased shoes and be eligible of an additional allowance 12 months from that date. All other employees shall receive a footwear allowance of $50.00 every 12 months for purchase of non-slip shoes as per 15

18 the Company's uniform policy If the employee is required by the Company or by statute to wear any other clothing outside of the standard uniform, for example aprons or gloves, the Company shall supply it to the employee or reimburse its cost. If an employee wilfully destroys, damages or loses clothing outside of the standard uniform, the employee will be responsible for the cost of the replacement. ARTICLE 19- GENERAL The Company agrees to allow union employees to use existing individual lockers on a first come, first serve basis. Employees will also be permitted to use sanitary dressing rooms where available. The Company will ensure that all employees have a safe, secure and accessible location to place their belongings while on shift should there exist a shortage of lockers. The Company shall ensure lockers are maintained and are in proper working order. Employees shall co-operate in maintaining orderly conditions in locker rooms and dressing rooms. Under no circumstances will a locker be searched or have a lock removed in the absence of the employee and/or the Shop Steward or a designate if neither are available. The Company shall not be held liable for any lost or stolen belongings stored in Company appointed locations The Company will provide one copy of the collective agreement to each new employee at the time of hire and will provide one copy of any subsequent amended collective agreement to all employees within thirty (30) days of receiving them from the printer. The Company and the Union shall share equally the cost of printing the collective agreement The Company recognizes the value of their employees and shall put in place a long service award program honoring employees at 5 year increments. ARTICLE 20- INDIVIDUAL CONTRACT No employee covered by this Agreement will enter into any individual contract or agreement with the employer concerning wages or working conditions that will in any way conflict with the terms of this Agreement. 16

19 ARTICLE 21 -PRESENT AND FUTURE LAWS Unless the terms and conditions set out in this Agreement or any part thereof are found to be in violation of existing and/or future laws, said terms and conditions shall remain in full force and effect for the duration of this Agreement. Any term that is in conflict shall only be inoperative or modified to the extent necessary to resolve the conflict. ARTICLE 22- HOURS OF WORK AND WORKING CONDITIONS The standard workweek shall generally consist of forty (40) paid hours per week comprised of eight (8) paid hours per day. The text in Article 22 shall not establish a guaranteed work schedule, number of days or hours to be worked in a work-week, or the hours to be worked in a day The Company recognizes, when establishing schedules of work for the first, second and summer semesters, employees within a particular classification have first right, by seniority, to the available hours of work within their classification within a location, before any other classification for that term. a) An employee reporting for work by instruction of the Company and at the commencement of his/her scheduled work day, but for whom no work is available, will be offered at least four (4) hours employment in other work at his/her regular hourly rate or, at the Company's option, shall be entitled to four ( 4) hours pay at his/her regular hourly rate. This guarantee shall not apply in the event that the operations of the Company are affected by a labour dispute, fire, electrical failure, major mechanical failure or other major occurrence beyond the control of the Company. This guarantee shall not apply in the case of an employee who has been absent from his/her scheduled work and who has failed to inform the Company of his/her intention to return and the date thereof. b) The Company's shall schedule hours of work such that full-time work opportunities are maximized up to eight (8) hours of work per day by seniority a) A work schedule showing the hours for each employee shall be posted one week in advance. Employees must be advised of changes made to the work schedule subsequent to it being posted, at least forty-eight ( 48) hours in advance, except in the cases of sickness, bereavement, accident, causing a shortage of staff in any department or in cases where less than forty-eight (48) hours notice of cancellation is received from the client. Where the required notice of a change to the work schedule is not provided, the employee shall receive pay for four (4) hours. 17

20 b) Any employee compelled by the Company to work on a scheduled day off and/or during his vacation, shall be paid overtime at the rate of time and one half (x1 1/2). c) Notwithstanding 22.03(b) above, where an employee elects to work on a scheduled day off in order to maximize his hours of work up to forty (40) hours per week, overtime rates shall not apply Each employee shall be allowed one fifteen (15) minute rest period in each four (4) hour work period, and such time shall be regarded as time worked. Each employee shall be allowed a one-half (1/2) hour meal period during each shift. Such meal period shall not be regarded as time worked. No employee shall be required to work in excess of five (5) consecutive hours without receiving a meal period. Where an employee is unable to take his fifteen (15) minute rest period(s) and/or meal break as a result of operational requirements, such employee shall have added to their compensated hours such time not taken in the form of rest period(s) and/or an extended meal break commensurate to the time a) The Employer agrees to discuss with the union staffing requirements for each school term and meet on a reasonable basis if required by either party. b) Upon request, the Employer agrees to provide the Union with copies of weekly work schedules No employee shall be scheduled in excess of six (6) consecutive days in a work week Days off: all full time employees shall receive two (2) consecutive days off per calendar week unless they consent otherwise. In addition, no full-time employee shall be scheduled for 6 consecutive days without their consent. ARTICLE 23 - OVERTIME Overtime at the rate of time and one-half of the employee's basic rate shall be paid for all hours worked in excess of forty ( 40) hours per week or eight (8) hours per day. No employee shall be compelled to work during his vacation period, or his day off All overtime shall be paid at the rate of time and one-half of regular rate of pay Where an employee works excess of three and one-half (3 1 /2) hours beyond eight (8) hours, he shall receive an additional fifteen (15) minute paid meal break. 18

21 23.04 All overtime needs to be approved by the Company. ARTICLE 24- CONDITIONS If, during the course of this Agreement, new job classifications are established which are not covered is Schedule "A" or an existing job is significantly altered, the parties agree to meet to negotiate rates of pay, and job descriptions for such new/revised classifications. Should the parties fail to reach an agreement on the wage rate and job description within thirty (30) days, either party may submit the matter to binding arbitration When an employee is assigned temporarily to perform work in a classification paying a lower rate than his own, he shall be paid his regular rate of pay. If assigned to a higher classification for one (1) hour or more, he will get the higher rate of pay for the duration of the assignment. This provision shall not be applied to permanent positions or work assignments of thirty (30) days or more in duration. ARTICLE 25- HOLIDAYS Each employee who is not required to work on any of the following days shall receive a normal day's payment at his regular straight-time hourly rate for the celebration of the holidays listed hereunder. Eligibility for holiday pay for the holidays listed below shall be in accordance with the eligibility requirements set out in the Employment Standards Act New Year's Day Family Day Good Friday Victoria Day Canada Day Remembrance Day Civic Holiday (August) Labour Day Thanksgiving Christmas Day Boxing Day Any newly declared government holidays will automatically be included in the agreement Employees required to work on any of the paid holidays shall be compensated at the rate of time and one half (11/2) their regular straight-time hourly rate for the hours they work on the holiday, in addition to holiday pay referred to in above. Hours worked on paid holidays will not be considered hours worked for overtime calculations Should any paid holiday occur during an employee's annual vacation, said vacation shall be extended an amount equal to the number of holidays occurring during the vacation and the employee shall receive his holiday pay. 19

22 25.04 For the purpose of this article, an employee who is absent from work on an approved paid leave of absence with regular earnings shall be deemed to have worked on those days for the purpose of determining their entitlement to Holiday Pay under this Article. ARTICLE 26- JOB POSTING, TRAINING a) Where a permanent job vacancy occurs, a new job is created or a temporary vacancy of thirty calendar days or more occurs, notice shall be posted within five (5) working days of the vacancy occurring or the new job being created, at appropriate locations including all bulletin boards for a minimum period of five (5) working days and a copy of the notice shall be provided to the union office. The notice shall set out a job description, location, skills, ability and qualifications required by the job, classification and wage rate. When filling a vacancy, the Company shall give preference to current employees. Two additional vacancies resulting from the initial job posting shall be posted as per this article. Any subsequent vacancies can then be filled at the employer's discretion. Where a position with a greater number of available hours of work becomes vacant within a classification, such position shall be offered to employees receiving less hours of work within said classification, by classification seniority. After exhausting above, any resulting vacancy shall be posted as provided herein. b) Employees on a leave of absence for greater than five (5) days may post for vacancies. Employees on a leave of absence may contact the Human Resources department to inquire if any vacancies have been posted a) All such posted vacancies will be awarded to the employee with the most seniority who bids for that position and has not been awarded a position within the last six (6) months and who has the required qualifications, skills, ability, and experience. b) In the event the employee either does not wish to complete a trial period of not more than thirty (30) days, or the Company determines that the employee cannot successfully perform the job following a trial period of not more than thirty (30) days, he shall be returned to his former position, wage or salary rate without lost of seniority. The trial period shall not exceed thirty (30) days worked. c) In the event of a dispute over the interpretation or application of a) or b), either party shall have access to the Grievance Procedure With the exception of the summer semester, new employees shall not be hired when there are employees on lay-off or employees working under reduced hours that are 20

23 available and able to perform the job All new employees shall receive a reasonable amount of hours of on-the-job training to sufficiently familiarize them with operation of equipment and the general operation of the cafeteria, dining room, and kitchen If an employee is assigned by the Employer to provide training for the new employees, he shall receive a training premium of a minimum of $1.00 per hour or any portion thereof. ARTICLE 27- JURY DUTY An employee who is required for jury duty or subpoenaed as a witness for business arising out of his employment shall receive compensation from the Company in an amount equal to the difference between the employee's regular straight time hourly rate and jury pay for the time required. ARTICLE 28- MEAL PROGRAM The Employer agrees to continue its current meal plan program and employees who work more than 5 consecutive hours in a shift will have monies deducted from their regular daily pay for the meal program. It is further understood that should the meal deduction amount not be in compliance with Canada Revenue Agency requirements during the life of the collective agreement, the union and the employer will discuss an adjustment to the deduction. Effective at ratification $ 3.50 will be deducted for the life of the agreement Location, franchise options, and stated exclusions will be as per Company policy Employees not consuming any food or beverage for religious reasons will be entitled to receive an exemption from the meal program. Employees requesting the religious exemption must notify the Employer by filling out a form 30 days in advance of the time period of the request for exemption. ARTICLE 29- VACATIONS The vacation year shall be from July 1st to June 30 1 h each year The Company shall grant vacation in accordance with the following: 21

24 a) Employees who have completed less than one (1) year's service, vacation pay shall be an amount equal to four percent (4%) of the employee's earnings in the twelve (12) month period of employment immediately preceding July 1st. Total wages shall not include any vacation pay previously paid. b) Employees who have completed more than one (1) year of service but less than five (5) years of service shall receive two (2) weeks vacation. Vacation pay shall be an amount equal to four percent (4%) of the employee's earnings for the twelve (12) months immediately proceeding July 1st. Total wages shall not include any vacation pay previously paid. c) Employees who have completed more than five (5) years of service but less than ten (10) years of service shall receive three (3) weeks vacation. Vacation pay shall be an amount equal to six percent (6%) of the employee's earnings for the twelve (12) months immediately proceeding July 1st. Total wages shall not include any vacation pay previously paid. d) Employees who have completed more than ten (1 0) years of service but less than fifteen (15) years of service shall receive four (4) weeks vacation. Vacation pay shall be an amount equal to eight percent (8%) of the employee's earnings for the twelve (12) months immediately preceding July 1st. Total wages shall not include any vacation pay previously paid. e) Employees who have completed more than fifteen (15) years of service but less than thirty (30) years of service shall receive five (5) weeks vacation. Vacation pay shall be an amount equal to ten percent (10%) of the employee's earnings for the twelve (12) months immediately proceeding July 1st. Total wages shall not include any vacation pay previously paid. f) Employees who have completed more than thirty (30) years of service shall receive six (6) weeks vacation. Vacation pay shall be an amount equal to twelve percent (12%) of the employee's earnings for the twelve (12) months immediately proceeding July 1st. Total wages shall not include any vacation pay previously paid. g) The Company will notify active employees of their vacation accrual no later than July 30th of each year and upon request It is understood that vacation entitlement shall be taken in accordance with work requirements and seniority. Vacation leave requests shall be granted by seniority. The company will endeavour to accommodate employees' vacation requests, however, the granting of vacation leave may be subject to operational requirements. Notwithstanding the above, there shall be no period during the year where no employees are permitted to take vacation leave except for September, unless approved by the Company. 22