APOLLO 8 MAINTENANCE SERVICES LIMITED (hereinafter referred to as "the Employer") -and-.. ' UNIVERSAL WORKERS UNION L.I.U.N.A. LOCAL 183 (hereinafter referred to as "the Union")
THIS AGREEMENT made and entered into this 15th day of November, 2000. B B T W E B N: APOLLO 8 MAINTENANCE SERVICES LIMITED (hereinafter referred to as "the Employer") - and - OlfiVBRSAL.WOOERS union L.I.U.N.A. LOCAL 183 (hereinafter referred to as "the Union") ARTICLE 1 - SCOPE AND BBCOGNITION 1.01 This Agreement shall cover all employees of the Employer employed at Aetna Canada Centre, 145 King Street West, Toronto, save and except non-working fore-persons, persons above the rank of non-working fore-person, office, clerical and sales staff. 1. 02 The Employer agrees to recognize and bargain collectively and exclusively with the Union for all employees of the Employer as defined in Article 1.01 above. AR~ICLE 2 - ORION SECQRITX All employees of the Company who are members of the Union on;the.effective date of this Agreement shall remain members of the Un~on as a condition of continued employment. 2.02 All employees of the Company who are hired after the effective date of this Agreement shall be required to become and re~ain members of the Union as a condition of continued employment. 2.93 The Employer shall deduct from every employee any dues, in~tiation fees or assessments levied by the Union on its members. The Union shall indemnify and hold harmless the Employer ag~inst any and all liability which may arise by reason of the check-off by the Employer of dues in accordance with this Agreement. - l -
ARTICLE 3 - UNION DUES 3.01 During the term of this Agreement, the Employer agrees to deduct, on each pay day, regular monthly Union dues as certified by the Union and to remit the amount so deducted to the authorized Representative of the Union. ' 3,02 Dues deductions shall be forwarded to the Union no later than the fifteenth (15th) of the month following the month for which the dues were deducted, together with a list of the names and Social Insurance Numbers of those employees for whom deductions have been made. Instances where dues have not been deducted from an employee, the reason - eg. leave of absence - shall be stated. 3.03 The Employer will send to the Union within a week of their hiring, the names, addresses, telephone numbers and classifications where applicable, of new employees. ARTICLE 4 - MANAGEMENT lurcjiois 4.01 The Union understands and agrees to recognize that the function of the operation shall continue to rest with the Employer. The exercise of these functions shall not be in conflict with the terms of this Agreement. These functions include, but are not limited to the hiring and directing of working forces, the determination of the number of employees required to fill the various job classifications, the right to promote, demote, transfer, discipline, suspend and discharge employees for just cause; the determination of the qualifications of an employee to perform work; the Company's right to select and implement the type, quantity, methods and processes and. means of operating; the making, publication and enforcement of reasonable rules for the promotion of safety, efficiency and discipline and for the protection of the employees and Employer. - 2 -
ARTICLE 5 - ~ployer O~tario I ARTICLE 6 - NO STRIKES OR LOCK-OUTS The Union agrees that there will be no strikes and the agrees that there will be no lock-out as defined in the Labour Relations Act during the term of this Agreement. UNION REPRESENTATION AND ACTIVITY 6:01 The Union shall notify the Employer of the name of Steward. bargaining unit. The Union will be entitled to one (1) Steward for the The Union recognizes that the Steward is an employee of the Employer, and that he/she will not leave his/her work during wqrking-hours except to perform his/her duties under this Agreement. The Steward shall first obtain permission from his/her s~pervisor before leaving his/her work area. such permission shall nqt be unreasonably denied. When a Steward employed by the Employer is temporarily absent with permission for the purpose of processing grievances, he/she shall receive his/her regular straight-time rate-of-pay I during each period of absence to a maximum of one and one-half (1 1/2) hours per month. ' The Employer shall provide bulletin boards for the use of the Union at locker rooms, or other appropriate locations as the p~rties may agree from time-to-time, upon which the Union shall have the right to post notices. I 6.03 The Employer will use its best efforts to facilitate the Union Representative's access to the premises for the investigation a~d settlement of _grievances, for the distribution of Union m~terials I l~mited and for Union meetings. It is understood that the foregoing rights may have to be in accordance with the building's security requirements. - 3 -
6.04 The company agrees that the Union Steward shall be the last employee laid-off in the event of a lay-off temporary or otherwise and shall be the first employee recalled after lay-off so long as they are capable and willing to perform the available work. In order to qualify for super seniority status, the Steward must nave at least four (4) years of seniority. article 7 - DYSCRYMYNATION 7.01 There shall be no discrimination, intimidation or coercion by the Employer or the Union or its members against any employee. Discrimination shall mean discrimination because of sex, age, race, colour, creed, national origin, Union activity or physical handicap. ARTICLE 8 - GRIEVANCE PROCEDQRE 8. 01 A grievance shall be defined as any reasonable difference arising out of the interpretation, application, administration or alleged violation of the Collective Agreement. 8. 02 A grievance should be brought to the attention of the employee's immediate supervisor within fifteen (15) days after the employee became aware of the circumstances giving rise thereto. Grievances shall be dealt with in the following manner: a) Step 1. The employee or group of employees may, with the assistance of his/her Steward, submit a written grievance to his/her immediate supervisor, who shall render his/her decision within five (5) working-days; b) Step 2. Failing satisfactory settlement at Step 1, the grievance may be submitted to the Manager who shall reply in writing within five (5) working-days after receipt of the grievance; - 4 -
c) Failing satisfactory settlement at Step 2, the Steward, the Chief Steward, the gr ievor and the Union's Representative. and advisor shall meet with representatives of Management within eight (8) working-days, or at a time mutually agreed upon, to discuss the grievance. The Employer will schedule grievance meetings during the grievor s working-hours. If the grievance is not settled within five (5) workingdays, it may be referred to arbitration as hereinafter provided. 8.03 The Union or the Employer may initiate a grievance beginning at Step 2 of the Grievance Procedure. ' 8. 04 technical obj-ection. No grievance shall be defeated or denied by any formal or An Arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in 1 order to determine the real matter in dispute and to render a decision which he/she deems just and equitable. 8.05 For the purpose of this Article, working-days shall not include Saturdays, Sundays and Holidays. ARTICLE 9 - DISCHARGE, SUSPENSION AND DISCIPLINE 9.01 An employee who has completed his/her forty (40) workingday probation period may be dismissed, but only for just cause, and only upon the authority of the Employer, as defined in this Agreement. Prior to the imposition of discipline or discharge an employee shall be given the reason in the presence of his/her Steward if the Steward is present in the building. 9.02 An employee who is discharged or suspended may file a grievance at Step 3 of the Grievance Procedure within five (5) working-days after such discharge or suspension. - 5 -
9.03 The Union shall receive copies of all disciplinary letters presented to employees. 9.04 Any discipline given to an employee will not be relied upon by the Company in further progressive discipline where the employee's disciplinary record has been free of further discipline for a period of twelve (12) months. 9.05 The parties recognize that it is occasionally necessary to require employees to work a portion of a shift in a different work area. On such occasions the employee involved may not be able to clean his/her work area to the normal standard. Therefore, the parties agree that any complaints regarding the nature of the cleaning on such occasions will be considered with this transfer in mind before any discipline is imposed. ARfXCLE 10 - ARBXTRATXON 10.01 In the event that a grievance is not settled at the 3rd Step of the Grievance Procedure, either party may notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party's appointee to an Arbitration Board and shall be delivered to the other within five (5) working-days of the reply under Step 3. The recipient party shall, within five (5) working-days, advise the other of the name of its appointee to the Arbitration Board. 10.02 The two (2) appointees so selected shall, within fifteen (15) working-days of the appointment of the second of them, or at a time mutually agreed upon, appoint a third person who shall be the Chairman. If the recipient party fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairman, within the time limited, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the - 6 -
Arbitration Board, but if there is no majority, the decision of the Chairman shall govern. 10.03 No person ~ay be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expense of an Arbitrator appointed by it, and the parties will jointly share the expenses of the Chairman of the Arbitration Board, if any. 10.05 The Union and the Employer acknowledge the applicability of s.46 of the Labour Relations Act as more particularly set out in that Act, with respect to the appointment of a single Arbitrator by the Minister. ARTZCLB 11 - SENZORZTY 11.01 (a) In cases of lay-off or permanent reduction of the workforce, or recall from lay-off, the employee with the greatest seniority provided that he/she has the skill and ability to perform the required work, shall be the last to be laid-off and conversely the first to be recalled from lay-off. (b) In cases of applications for promotion or transfer, where two (2} or more employees are relatively equal in skill and ability, the employee with the greatest seniority shall be given the promotion or transfer. 11.02 The Employer shall maintain a seniority list showing the date upon which each employee's service commenced. Where two (2), or more employees commenced work on the same day, preference shall be in accordance with the date of application for employment. An up-to-date seniority list shall be sent to the Union and posted on all bulletin boards yearly. Seniority is defined as length of service at the location identified in ARTICLE 1 - SCOPE AND RECOGNITION. - 7 -
11.03 A newly hired employee shall be on probation only for the first forty (40) days worked of his/her employment. After completion of the probationary period, seniority shall be effective from the original date of employment. 11.04 An employee will lose his/her seniority and will be considered to have terminated employment for any of the following: a) if the employee quits; b) if the employee is discharged and such discharge is not reversed through the Grievance Procedure; c) if the employee is laid-off and fails to return to work within five (5) working-days after he/she has been notified to do so by Registered Mail to the employee's last known address; d) if he/she overstays a leave of absence without just cause or by not informing the Employer of the overstay; e) if the employee is absent from work for two (2) consecutive days without notifying the Employer of reason for the absence; f) if the employee has been on lay-off for a period of one (1) year. In the event an unexpected accident, occurrence or illness prevents the employee from advising the Employer immediately, the employee must do so as soon as possible, and must supply a medical certificate where requested. 11.05 No employee shall be transferred to a position outside the bargaining unit without his/her consent. - 8 -
If an employee is transferred to a position outside of the bargaining unit, he/she shall retain his/her seniority accumulated up to the date of leaving the unit, but will not accumulate any further seniority. Such employee shall have the right to return to a position in the bargaining unit during his/her trial period of thirty (30) days. 'ARTICLE 12 - LEAVE OF ABSENCE 12.01 a) An employee shall be entitled to leave of absence without pay and without loss of seniority once every three (3) years to those who request it in writing to management at least three (3) months prior to departure, except in the case of emergency. The Company reserves the right to limit the number of people on leave of absence at one time. such approval shall not be withheld without just cause. b) Leaves of absence taken from May to September for the purpose of overseas vacation must be taken in conjunction with vacation entitlement. An employee returning from such leave shall be placed in his or her former job, shift and floor, if applicable, provided such leave of absence does not exceed sixty (60) working-days. 12.02 Maternity Leaye: - The Company will abide by the Employment Standards Act of Ontario. ARTICLE 13 - HEALTH AND SA.PETY 13.01 The Employer and the Union agree to co-operate in matters pertaining to the health and safety of employees during the hours of employment. The Employer shall provide a safe and healthy working environment. - 9 -
13.02 The Employer agrees to the formation of a Safety Committee as set out in the Occupational Health and Safety Act. The members of this Committee will operate in accordance with the Act in association with the Company's representatives. 13.03 The Employer shall endeavour to obtain permission for the Union's access to the premises where necessary for inspecting or investigating any suspected violation of the Act, subject to the security requirements of the building. 13.04 An employee who is injured during working-hours, and is required to leave for treatment or is sent home as a result of such injury, shall receive payment for the remainder of the shift at his/her regular rate-of-pay, unless a doctor or nurse states that the employee is fit for further work on that shift. 13.05 Transportation to the nearest physician or hospital for employees requiring medical care as a result of an accident shall be at the expense of the Employer. ARTICLE 14 - TEMPORARY TBAHSPERS 14.01 An employee temporarily assigned, for the convenience of the Employer, to another classification shall be paid the higher of the rate for his/her regular classification or the classification to which he/she is temporarily transferred. ARTICLE 15 - HOURS-OF-WORK AND OVERTIME 15.01 overtime at the rate of time and one-half (1 1/2) shall be paid for all hours worked in excess of eight (8) hours per day, forty (40) hours per week or when any employee is required to work on Saturday and Sunday. If an employee performs the work of a fellow employee who is away (i.e. ill), the employee will be paid the hours allocated to that floor. These hours will be paid at straight-time and not considered to be overtime. - 10 -
It is understood that employees will perform the above mentioned work on a voluntary basis. 15.02 After twelve (12) hours of continuous work, the overtime rate shall be double the straight-time hourly rate. 15.03 Employees working an eight (8) hour day shall receive a half (1/2) hour unpaid lunch break and two (2) fifteen (15) minute paid breaks. 15.04 There shall be no pyramiding of overtime rates under the Articles of this Agreement. 15.05 The Employer shall have the right to schedule overtime work amongst those employees who normally perform the work when it is required. However, the Employer will allow any reasonable request from an employee to be excused from overtime work on any particular ocfasion. 15.06 15.07 15.08 Call-In: When an employee is called-in to work on his/her day-off, he/she shall be guaranteed a minimum of four (4) hours pay at time and onehalf (1 1/2) the rate. Employees will be paid to the quarter (1/4) hour. Employees shall be paid as per present practise. 15.09 The Employer agrees that no partial reduction of hours shall be instituted. In the event of a shortage of work, the provisions of lay-off shall be implemented... ARTICLE 16 - PAID HOLIQAYS 16.01 The Employer agrees that the following days will be recognized as holidays to be paid for on the basis of the employees straight-time hourly rate multiplied by the number of hours the employee would have normally worked on such day: - 11 -
New Year's Day Good Friday Victoria Day Canada Day August Civic Holiday * or days celebrated in lieu thereof. Labour Day Thanksgiving Day Christmas Day Boxing Day Floating Day If the building or part of the building is closed on Civic Holiday, this will then be considered a Paid Holiday. In the event Heritage Day is proclaimed as a Statutory Holiday, such a day will henceforth be recognized as an additional holiday. To qualify for holiday pay, the employee shall work his/her scheduled working-day immediately prior to and his/her scheduled working-day immediately following the holiday. An employee who is absent on one (1) only of the qualifying days because of lay-off, death leave, or certified illness or injury, for not more than six (6) consecutive working-days before or after such holiday, shall still qualify for holiday pay. 16.02 Should any employee be required to work on a statutory Holiday as stated above he/she shall receive one.and one-half (1 1/2) his/her regular rate plus his/her holiday pay or one-half (1/2) his/her regular rate plus a day-off in lieu with pay at his/her request. 16.03 In the event of a holiday, as specified in this Article, falling within an employee's vacation period, the Employer has the choice of either: a) extending the vacation period by one ( 1) working-day with pay; or b) paying an extra day's vacation pay. In either case, the rate-of-pay will be the same as that used in calculating an employee's holiday pay. - 12 -
ARTICLE 17 - JACATIQNS 17.01 An employee who has: a) less than one (1) year of continuous service shall be entitled to four percent (4\) vacation pay; b) one (1) year or more continuous service but less than six (6) years of continuous service shall receive two (2) weeks vacation per year with pay equal to four percent (4\) of the amount of the employee's total wages in the previous year; c) six (6) years or more continuous service but less than ten (10) years of continuous service shall receive three (3) weeks vacation per year with pay equal to six percent (6\) of the amount of the employee's total wages in the previous year; d) ten (10) years or more continuous service shall receive four (4) w~eks vacation per year with pay equal to eight percent (8\) of the amount of the employee's total wages in the previous year. Vacation pay to be paid prior their vacation period by separate cheque. take vacation time-off, vacation pay anniversary of the start date. to employees commencing If an employee does not will be paid on the ARTICLE 18 - REPORTING TIME 18.01 An employee who is sent home due to lack-of-work shall receive a minimum of four ( 4) hours pay for his/her scheduled shift. ARTICLE U - DEATH LEAVE l\llowance, 19. 01 In the event of the death of an employee s spouse, child, mother, father, brother, sister, grandparent, grandchild, mother-in-law or father-in-law, the Company agrees to grant paid time-off from scheduled work up to three (3) scheduled, consecutive days. The three (3) days must include or immediately precede or,follow the day of the funeral. In the event of a death (in the immediate family as defined above), outside Canada, one ( 1) scheduled day-off with pay will be granted if the employee does not attend the funeral. - 13 -
There will be one (1) day's paid leave in the event of the death of the employee's sister-in-law or brother-in-law if the day is a scheduled work-day. Proof of bereavement may be requested. ARTICLE 20 - BENEFITS 20.01 Eligibility: Employees who have completed their probationary period- effective October 15, 1997, the Company shall pay monthly, on behalf of each employee, eighty dollars ($80.00) per month to the Labourers International Union of North America, Local 183 Industrial Benefit Trust Fund, for the purpose of purchasing major medical and dental coverage for the employees covered by this agreement, it being understood that the Employer shall not be constituted to be an insurer nor shall it have any liability other than making the payment as aforesaid to the said Trust Fund and that the Union agrees to indemnify and save harmless the Company against any or all claims which may be made against it in respect of any claim by an employee for the insurance coverage provided for herein. Remittances to be forwarded by the fifteenth (15th) of each month. November 15th, 1997 remittance (which is the October work month) provides December 1st, 1997 coverage for dental in conjunction with the major medical coverage. November 14, 2001 remittance (which is the February workmonth), provides December 1, 2001 coverage for life insurance in conjunction with the dental and major medical coverage and the premium increases to ninety-four dollars ($94.00) per month for ech employee. It is further understood that the Employer shall have no obligation to process claims or to assist in the processing of same and that any employee having a claim with respect to any of the insurance coverage provided for by Local 183 Industria 1 Benefit Trust Fund must process such claims directly through the Union. ARTICLE 21 - JURY QDTX 21.01 Any employee called for jury duty or subpoenaed as a - 14 -
witness shall be reimbursed by the Employer for the difference between jury or witness fees and the wages he/she would have otherwise received. Union. This clause does not apply to employees subpoenaed by the The employee will provide evidence that he/she reported for jury duty or was subpoenaed' as a witness. ARTICLE 22 - JOB PQSTI!J!G 22.01 When a job vacancy occurs or when a new position is created, the Employer shall post notice of the position on designated bulletin boards for a minimum period of three (3) working-days. Such notice shall contain the following information: Nature of position, qualifications required, location (including floor, where applicable) and wages. Vacancies are to awarded on the basis of ability being equal, seniority shall govern the Company. When an employee successfully applies for a lateral transfer, such employee shall not he permitted to apply for another lateral transfer for a period of twelve (12) months from the date of transfer. The vacancy that arose as a result of the posting shall be filled by employees who have no specific assigned area by seniority. Once existing staff have been approached and the vacancy still exists, either the most junior employee will be assigned or the Company may hire a new employee. ARTICLE 23 - UNIFORMS 23.01 The Employer will supply each employee with a sufficient number of uniforms as per present practise. - 15 -
23.02 The Employer will provide parkas for employees required to do outdoor work. (To be replaced when required.) 23.03 required. The Employer will provide non-disposable rubber gloves as artxcle 24-24.01 follows: JAGBS The rates-of-pay under this Agreement shall be as.effective Noy.l5/2000 Light Duty Cleaner Heavy Duty Cleaner Lead Head $ 8.63 $ 9.92 $ 9.92 Probationary employees shall be paid twenty-five cents ($0.25) per hour less than the rate for their classification. Any employee who does not receive an increase as a result of the above grid shall receive increases as follows: Nov. 15/2000- twenty cents ($0.20)/hour over and above their hourly rate; ART:ICLE 2 5 - TERM OF AGREEMENT 25.01 Upon ratification by the members of the bargaining unit, this Agreement shall be binding and remain in effect from November :'fs~tfi; 2000, to November 1_4tll_,. 200~,; and from year-to-year thereafter unless either party gives the other notice in writing within ninety (90) days prior to the expiry date of the contract that it desires to terminate or amend its provisions. - 16 -
Where notice to amend the Agreement is given, the provisions of this Agreement shall continue in force until a new Agreement is signed, or the right to strike or lock-out accrues, whichever first occurs. DATED at TORONTO 200t'L APOLLO 8 MAIHTEHAHCE SERVICES LIKI'l'ED FOR 'l'be OBION, um.lo-t s-dbg...at' ' 8(21/D&C/20001-17 -