CERT.DAT TOTAL COOING CONTROL THIS AGREEMENT made … and Wast… · CERT.DAT TOTAL EMPS I L 0 COOING CONTROL DATE CODER IDENT cooeo.$~~ 1- 'f THIS AGREEMENT made and entered into

-· ~· CERT.DAT

TOTAL EMPS I L 0

COOING CONTROL DATE CODER

IDENT cooeo.$~~ 1- 'f THIS AGREEMENT made and entered into tbis 3rd day of July

Between:

OTHER

HALLMARK HOUSEKEEPING SERVICES INC. (hereinafter called "the Company")

Location: Scotia Plaza- 40 King Street West, Toronto 44 King Street West, Toronto

-and-

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 175

(hereinafter called "the Union")

Effective Date: January 4, 2004

Expiry Date: January 3, 2007

SEP 1 3 200~

COLLECTIVE BARGAINING INFORMATION SERVICES

EMPLOYER

• • ·INDEX

ARTICLE PAGE NUMBER

Preamble: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Union Stewards and Committees ....................... 3

Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Strikes and Lockouts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Leave of Absence .................................. 10

Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Vacancies, Job Posting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Layoff and Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Wages and Classifications· . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Hours of Work and Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Paid Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Group Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Notice Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

General .................. · ........................ 21

UFCW Training and Education Fund ................... 21

Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Renewal and Termination ............................ 22

Schedule "A"- Wages and Classifications ............... 23

Letter regarding Sub-Contracting of BU work . . . . . . . . . . . . 24

Letter regarding: Water Cooler ........................ 25

Letter of Understanding re: Labour-Management Meetings . . 26

• • PREAMBLE:

WHEREAS it is the desire of both parties to this Agreement:

(a) to maintain and improve the harmonious relations and settle conditions of employment between the Company and Union;

(b) to recognize the mutual value of joint discussions and negotiations in all matters pertaining to wages, hours, benefits, working conditions, employment, services, etc.;

(c) to encourage efficiency and service quality in operations which will further to the furthest extent possible the level of service to the client;

(d) to promote the morale, well-being and security of all employees in the bargaining unit of the Union.

ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the United Food and Commercial Workers International Union, Local 175, as the bargaining agent of all employees of Hallmark Housekeeping Services Inc. at Scotia Plaza- 40 King Street West and 44 King Street West, in the City ofT oronto, save and except supervisors and persons above the rank of supervisor, office, clerical and sales staff.

1.02 The term " employee" as used in this Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 1.01 above. For the purposes of interpretation, whenever the feminine gender is used in this Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice-versa, wherever the context so requires.

1.03 The Company shall not enter into agreement or contract with those employees for whom the Union has bargaining rights, either individually or collectively.

1.04 The employees of the Company not covered by this Agreement, including supervisors, shall not perform work normally performed by bargaining unit employees except for the purposes of instruction, training, experimentation, special projects, or in emergencies.

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\ • • ARTICLE 2 • UNION SECURITY

2.01 All bargaining unit employees of the Company shall, upon completion of their probation, become and remain members of the Union as a condition of employment. New employee's shall be required to pay Union dues immediately.

2.02 The Company shall remit to the Union, within fifteen (15) calendar days following completion of the probationary period, the United Food and Commercial Workers Membership Application Form signed by the new employee.

2.03 (a) The Company shall, during the term of this Agreement, as a condition of employment, deduct from members of the bargaining unit, the regular Union dues and such dues shall be remitted to the Union prior to the fifteenth (15th) of the month following the month in which such deduction is made.

(b) The Company shall collect membership initiation fees as may be established .by the Union and forward application forms and such fees to the Union with the regular monthly dues remittance.

(c) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the .following current information: as known to the Company.

1. S.IN. 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time or part-time designation 10. Union dues deducted (or the reason a deduction was not made). If

dues are deducted weekly, report required five (5) columns for reporting.

11. Total dues deducted. 12. Back dues owing. 13. Vacation pay breakdown of dues owing. 14. Initiation fees deducted. 15. Total Initiation fees deducted.

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. . • • (d) The Company will provide the Union in January and July a listing of all

employees name, classification, Social Insurance Number, current address and telephone.

(e) The Company agrees to record the annual Union dues for each employee on his T4 form.

2.04 The Union shall provide the Company with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

2.05 The Union shall indemnify and save harmless the Company, its agents and/or employees acting on behalf of the Company, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection and remittance of such dues.

2.06 The Company will sign the collective agreement within thirty (30) days of ratification.

ARTICLE 3 ·UNION STEWARDS AND COMMITTEES

3.01 No individual employee or group of employee shall undertake to represent the Union at meetings with the Company without proper authorization of the Union. In order that this may be carried out, the Union will supply the Company with the names of its Business Representatives.

Similarly, the Company will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

3.02 Any employee who so desires it, shall have the right to review his personnel record in the presence of the Union Steward and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. If any employee so affected objects to the material contained in such record such objection may be made the subject matter of a grievance and be processed in accordance with the provisions of Article 7 herein. Times designated by Management will be reasonable.

3.03 (a) The Union shall have the right to appoint one (1) Steward, and one (1) alternate Steward per shift who will function when the Steward is absent, from amongst employees within the bargaining unit who have completed their probationary period.

(b) The Union shall notify the Company in writing of the name of each steward and, where applicable, each Committee member, before Management shall be required to recognize any person so selected.

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• • (c) The Union acknowledges that the Stewards have regular duties to perform

on behalf of the Company. The steward shall, with the consent of his supervisor, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a steward as provided in this Collective Agreement for the prompt handling of necessary Union business with management. Such consent from the supervisor shall not be unreasonably withheld. When returning to regular duties the steward will first report back to his supervisor.

3.04 Together with the supervisor, the steward shall be given the opportunity to meet with new employees for a maximum of ten (1 0) minutes during regular working hours at a time and place arranged by the Company within the first two months of employment for the purpose of informing such employees of the contents of the collective agreement.

3.05 Business Representative

The bargaining unit employees have the right, at any time, to have the assistance of a Business Representative of the United Food and Commercial Workers International Union when dealing with the Company. The Union realizes that the Company does not own the premises in which its employees work. Consequently, if a Business Representative needs to meet with a steward or an employee he will first notify the Company so proper security arrangements can be made and a suitable place and time can be arranged for the meeting.

3.06 (a) Where an employee is required to attend a meeting in which a written warning, suspension or discharge is to be given, the supervisor will arrange to have a steward present at the meeting. If no steward is available the only action taken by the Company will be as outlined in (b) below.

(b) In the event a steward is not available, this condition will be brought to the attention of the employee. The meeting that imposes the discipline will then be postponed until the steward is available.

3.07 The Negotiating Committee shall consist of a Business Representative of the Union and not more than two (2) bargaining unit employee appointed or elected by the Union. Employees appointed by the Union to the Negotiating Committee, who are required to be in attendance at negotiating sessions, shall be paid their regular hourly rate for time spent up to their normal working hours and on normal work days for each day spent at negotiations, up to conciliation.

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.. • • ARTICLE 4 - MANAGEMENT RIGHTS

4.01 Except as modified by this Agreement, the Company shall retain all of its rights and prerogatives including the right to: ·

(a) maintain order and efficiency;

(b) hire, promote, demote, transfer, classify;

(c) discipline, suspend or discharge an employee for just cause, provided that a claim by an employee who claims to have been disciplined or discharged without reasonable cause, may be subject of a grievance and dealt with as herein provided;

(d) manage and operate its business in all aspects in accordance with its commitments and responsibilities and without restricting the generality of the foregoing, determine the kinds and locations of equipment, machines, and tools to be used, determine the work to be performed, the schedule of hours and numbers of employees;

ARTICLE 5- NO DISCRIMINATION

5.01 The Company, Union and employees agree that there shall be no discrimination, interference, restriction or coercion exercised or practised because of activity or lack of activity in the Union. The parties also agree that there shall be no discrimination against any employee by reason of political or religious affiliation, race, creed, colour, handicap, marital status, sexual orientation or any other provision as outlined in the Ontario Human Rights Code.

ARTICLE 6 - STRIKES AND LOCKOUTS

6.01 In accordance with the Labour Relations Act of Ontario, the Union and the Company agree that so long as this Collective Agreement continues to operate there shall be no strikes and lockouts or any other interference with, or interruption of the normal conditions of the Companis business by the Union or its members. The definitions of the terms "strike" and "lock-out" as used above shall be in accordance with the Ontario Labour Relations Act.

6.02 At the end of a strike or lockout, employees shall return to work on the basis of seniority within their classification.

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• • AR"riCLE 7 - GRIEVANCE PROCEDURE

7.01 Any complaint, disagreement, or difference of opinion between the Company and the Union, or between the Company and an employee covered by this Agreement which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, may be considered as a grievance.

Employees who have complaints or grievances should discuss these with their stewards during their coffee breaks or lunch periods and the Company will facilitate the scheduling of the employee's and the steward's break or lunch times to accommodate such discussion.

7.02 The procedure for handling complaints or grievances of employees shall be as follows: An employee who has a complaint or question shall ordinarily discuss the matter with his supervisor within seven (7) calendar days of the action or circumstances giving rise to the grievance, but if this does not satisfy him or if for any reason his complaint is of such a nature that he prefers to refer it to his steward first, he may do so.

7.03 STEP NO.1

If a complaint or grievance is referred by an employee or his steward it must be submitted in writing to the Manager within seven {7) calendar days from the time such grievance arose or became apparent. The Manager and the steward shall endeavour to arrange a satisfactory settlement within seven (7) calendar days. If such settlement cannot be arranged, the next step of the grievance procedure may be invoked.

7.04 STEP NO.2

Failing settlement at Step No. 1 the employee or his steward may request a meeting at Step 2 with the President or designate within seven (7) calendar days of the reply from the Manager at Step No. 1. The President or designate and the steward shall meet and endeavour to arrange a satisfactory settlement within seven (7) calendar days. The President or designate shall provide his reply in writing within seven (7) days of the step 2 meeting. If settlement cannot be arranged the next step of the grievance procedure may be invoked.

7.05 Group Grievance

The Company will recognize a group grievance as one which affects more than one employee with respect to whom the issues and facts are essentially the same. A group grievance shall commence at Step No. 1. Such grievance must be signed by each employee who is grieving.

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• • 7.06 Policy Grievance

Any differences arising directly between the Union and the Company, relating to the interpretation, application or alleged violation of the Agreement may be presented by either party at Step No.2 as a Policy Grievance within fourteen (14) calendar days after the date when the subject matter of the grievance first arose. It is understood, however, that the provisions of this paragraph shall not be used with respect to a grievance directly affecting an employee and that the regular grievance procedure shall not be by-passed.

7.07 Discharge Grievances

A claim by an employee that he has been unjustly discharged will be treated as a special grievance commencing at Step No.2 of the Grievance Procedure, provided the grievance is submitted within seven (7) calendar days after the discharge occurs.

Such special grievances may be settled by confirming the discharge, or by reinstating the employee with full compensation, or by any other arrangement which is just and equitable in the opinion of the conferring parties.

It is agreed that the stewards and the Business Representative will be notified immediately of the dismissal of any employee in the bargaining unit.

7.08 Where an employee receives a written disciplinary warning and receives no further written discipline for a period of twelve ( 12) clear months from the date of the warning, or the warning is withdrawn by grievance or arbitration procedure, such warning shall be removed from the employee's record and shall not be used in any subsequent disciplinary action or arbitration proceedings.

7.09 The time limits referred to above may be extend~ad by agreement of the parties.

7.10 A violation of any employment related statute will also be subject to a resolution through the grievance procedure. In cases where the Collective Agreement provides greater protection or benefits, the Collective Agreement will prevail.

ARTICLE 8- ARBITRATION

8.01 Failing settlement as provided under Article 7 either party may, within thirty (30) calendar days, request that a grievance be submitted to arbitration. Such a request shall be in writing addressed to the other party to this Agreement and, at the same time, shall nominate a nominee.

• • Within seven (7) calendar days thereafter, the other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and unless the time has been extended by mutual agreement between the two parties, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure.

The two (2) nominees so nominated shall confer immediately and shall attempt to select, by agreement, a Chairperson of the Arbitration Board. If they are unable to agree upon such Chairperson within a period of seven (7) calendar days after the nomination of the second nominee, they or either of them may request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairperson.

8.02 No person may be appointed a nominee who has been involved in an attempt to negotiate or settle the grievance.

8.03 No matter may be submitted to arbitration which has not been carried properly through the Grievance Procedure.

8.04 Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration.

· 8.05 Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Company and the Union.

8.06 The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Company the Union and the ernployee(s) affected provided, however, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Agreement.

8.07 In determining any discharge, the Board of Arbitration shall have the authority to:

(a) affirm the Company's action and dismiss the grievance, or;

(b) set aside the penalty imposed by the Company and restore the grievor to his former position with or without compensation, or;

(c) vary or alter the penalty imposed by the Company or make such other determination as the Board in its discretion may deem just and reasonable.

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• • 8.08 The parties may agree to a Single Arbitrator by mutual agreement who shall have

all the same rights as a Board of Arbitration.

ARTICLE 9 - HEALTH AND SAFETY

9.01 It is the collective responsibility of the Company, Union, and employees to ensure compliance with the Occupational Health & Safety requirements in the Province of Ontario which include active participation in safety inspection and/or committee meetings as well as. The Health and Safety Committee will be appointed by the Union. There will be three {3) bargaining unit members, one from each shift and they will be certified. Any lost time will be paid by the Company.

(a) The Company shall maintain sanitary arrangements throughout the unit, provide proper safety devices and give proper attention to the elimination of any condition of employment which is a hazard to the safety or health of the employees.

{b) Where the nature of the task assigned to an employee requires the use of special equipment or protective clothing, such equipment or clothing shall be provided by the Company, within a reasonable period after notification by the Unit Safety Committee.

{c) The Company will provide WHMIS Training to all employees as ~equired by the relevant legislation. That such training will be provided to all employees once a year, both full-time and part-time. Such training or time required will be paid by the Company.

9.02 The Safety and Health Committee shall be notified in writing of each lost time accident or injury. The Safety and Health Committee shall investigate as soon as possible the nature and cause of the lost time accident or injury.

9.03 An employee who is injured during working hours and is required to leave for treatment of such injury, shall receive payment for the remainder of the shift at their hourly rate o·f pay, unless the doctor states that the employee is fit for further work on that shift.

9.04 The Company shall provide immediate transportation to a hospital if necessary following an injury to a worker.

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• • ARTICLE 10 • LEAVE OF ABSENCE

10.01 During the first month of an approved leave of absence, the Company shall continue to make payments on behalf of the employee to all health and welfare plans. In the event that the leave of absence is for more than one (1) month the employee will be required to pay the Company in advance should he wish the benefits to continue.

10.02 Personal Leave

Leave of absence without pay and without loss of seniority for legitimate reasons may be granted at the discretion of the Company provided that the request is submitted in writing stating the reason for the leave and duration at least two (2) weeks in advance, except in the case of an emergency. The Company reserves the right to limit the number of employees on leave of absence at any one time. The Company agrees to reply in writing to such request within seven (7) calendar days.

1 0.03 Education/Union Convention Leave

(a) The Company shall grant leave of absence without pay to Union stewards to attend Union conventions or educational sessions. Such leave must be applied for at least two (2) weeks in advance and all leaves for all employees shall not exceed twenty (20) working days per year.

(b) An employee elected or appointed to a paid full-time position within the· Union, shall be granted up to one (1) year leave of absence without pay.

(c) The Company will pay the lost wages of employees who are on leave of absence at the written request of the Union and the Union will reimburse the Company the full amount of lost wages paid to the employees.

10.04 Jury Duty/Witness Leave

When an employee is required to serve on a Jury or as a Witness in a court proceeding in which the Crown is a party, he shall be relieved of his duties for such time as it may require, and he shall be paid the difference between his fee as a Juror or Witness, and his earnings for the time lost.

It is the employee's responsibility to come to work at anytime during the week that he is not actually required for Jury Duty or to be present in Court.

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• • 10.05 Bereavement Leave

In the event of a death in the family, the employee will be granted leave with pay to allow the employee to attend the funeral proceedings. Such leave shall be for a maximum of up to three (3) days for the death of a spouse, son, daughter, brother, sister, mother, father, father-in-law, mother-in-law grandparent or grandchild and for a maximum of one (1) day for the death of a sister-in-law, brother-in-law, son-in-law, daughter-in-law, of the employee. Such paid leave shall terminate on the day of the funeral, with the exception that, if the funeral takes place a distance greater than two hundred (200) miles from Toronto, the day after the funeral will be included in the maximum number of days allowed, but in no way will increase the specified number of days allotted above. ·

For relatives included under three (3) day leave, allow (1) day leave if not attending funeral.

10.06 Maternity/Parental/Adoption Leave

Maternity/Parental/Adoption leave shall be granted as a right as per the Employment Standards Act. Furthermore, Maternity/Parental/Adoption leave shall be granted as a right as follows:

The Company shall not deny an employee the right to continue employment during the period of pregnancy. The Company will modify the work or the workplace to accommodate any medical restrictions unless such accommodation would cause undue hardship to the Company.

When an employee wishes to return to work after maternity/parental/adoption leave, she/he shall provide the Company with at least two (2) weeks notice. On return from maternity/parental/adoption leave, the employee shall be placed in the same job as at the time the maternity/parental adoption leave commenced. While on maternity/parental/adoption leave an employee shall maintain full seniority status and continue to accumulate all seniority under this Collective Agreement.

10.07 Education Leave

Any employee authorized or required by the Company to take a educational course shall have:

(a) The fee for the course paid by the Company;

(b) If attendance is during the working hours, the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as though such employee were at work;

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• • (c) If the course requires travel, the Company will provide appropriate money or

transportation fees to the employee.

10.08 Return to Work

Upon return from a personal leave of absence, an employee will be given a comparable position as to what he/she had prior to the leave.

ARTICLE 11 - SENIORITY

11.01 The parties agree with reference to probationary employees, that;

(a) All employees, until they have been employed by the Company for sixty (60) calendar days, shall be probationary employees.

(b) During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Company at the expiration thereof, shall be credited with seniority back to the date o·f last ~lire.

(c) Under no circumstances will an employee be required to serve a second probationary period.

11.02 Seniority shall mean the length of continuous employment in the bargaining unit with the Company.

11.03 Within thirty (30) calendar days of ratification and in January of each year thereafter (or semi-annually if requested by the Union), the seniority list, including the employees' seniority, service date and employment status (full-time or part-time) shall be posted and a copy mailed to the Union.

11.04 An employee shall lose his seniority and/or his employment in the following circumstances:

(a) if he is discharged for just cause and is not reinstated;

(b) if he resigns voluntarily;

(c) if he is laid off for a period in excess of twelve (12) consecutive months;

(d) if, following layoff, he fails to return to work within seven (7) calendar days after receiving notice to do so. The employee shall be deemed to have received notice to return to work if the Company sends him such notice by registered mail or priority post. The employee shall keep the Company informed of his current address.

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. '• • • (e). if, an employee exceeds without authorization a granted leave of absence;

11.05 (a) A part-time employee cannot use seniority for the purpose of displacing a full-time employee.

ARTICLE 12 - VACANCIES. JOB POSTING

12.01 The Company may temporarily fill a vacancy during the recall procedure outlined in Article 11.04 above. Where a permanent job vacancy occurs or a new job is created which the Company intends to fill, it shall post a notice of such vacancy on all bulletin boards. Such posting shall be for a minimum period of five (5) working days, and a copy of the notice shall be sent to the Union. The notice shall set out a description of the job, site location, hours of work (shift), the wage rate and the qualifications required of applicants for the job. Employees for whom such vacancy or job would create a change in classification, increase of hours or shift shall be eligible to apply. The successful applicant shall not be allowed to apply for another vacancy or promotion for six (6) months.

12.02 In filling job vacancies, including promotions, the job shall be awarded within fourteen (14) calendar days following the posting period. The Company shall be governed by the following factors: ·

(i) The seniority of the employees involved; and

(ii) The qualifications and ability to do the job; and,

where the factors in (ii) have been met by an employee, the factor in (i) shall govern.

12.03 Ability to do the job means ability to perform the requirements of the job following a two (2) weeks training and trial period. The Company may not curtail the training or trial period without just cause before it has run its normal course.

12.04 In the event the employee is not able or does not wish to complete the training or trial period, or cannot satisfactorily perform the job, subject to 12.03 he shall be returned to his former position, wage or salary rate, without loss of seniority; and any other employee who has been promoted or transferred because of the rearrangement of positions shall also be returned to his former position, wage or salary rate, without loss of seniority.

12.05 No employee shall be transferred to a position outside the bargaining unit without his consent. If an employee accepts a position outside the bargaining unit, he shall lose his bargaining unit seniority.

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• • ARTICLE 13·- LAYOFF AND RECALL

13.01 In the event of layoff, the following procedure will be followed:

Probationary employees will be laid off first; then,

Part-time employees in the reverse order of their bargaining unit wide seniority; then,

Full-time employees in the reverse order of their bargaining unit wide seniority.

It is understood that the remaining employees as outlined above, must have the ability to perform the norma. I requirements of the remaining jobs. Recall shall be in the reverse order of the above layoff procedure provided they have the ability to perform such jobs.

13.02 The Company will provide notice of layoff and/or termination in accordance with the applicable provisions of the Employment Standards Act, as amended.

13.03 (a) An employee who is subject to a layoff shall have the right to accept the layoff or to displace an employee who has lesser bargaining unit wide seniority and who is the least senior employee in an equal or lower paying classification provided the employee originally subject to layoff has the ability to perform the job. Any employee displaced shall have the same options.

(b) A part-time employee in a layoff situation shall not have the right to bump a full-time employee.

ARTICLE 14- WAGES AND CLASSIFICATIONS

14.01 Job classifications are set out in Schedule "A" of this Agreement. They shall not be changed or deleted, nor shall the jobs themselves be altered or amended without the agreement of the Union.

14.02 Where a new job is established rates of pay and other related matters shall be negotiated between the Company and the Union. Failing agreement, the dispute may be the subject of a grievance and may be referred to arbitration. The arbitrator shall have power to determine appropriate ·classifications, job descriptions, wage rates, and other related matters in issue effective as of the date the new job was established.

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• • 14.03 The Company shall pay salaries and wages as set out in Schedule "A" attached

hereto and forming part of this Agreement. Each employee shall be provided with an itemized statement of his wages, overtime, and other supplementary pay and deductions. Wages shall be paid bi-weekly.

14.04 An employee who is assigned in accordance with the terms of this Agreement to a higher paying classification or job, shall be paid the rate and benefits for that classification or job for the time he performs such work. An employee who is assigned in accordance with the terms of the Agreement to a lower paying classification, shall continue to be paid the rate and benefits of his regular job.

ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 The normal hours of work for full-time employees shall consist of up to a maximum of eight (8) hours per day and up to a maximum of forty (40) hours of work per week, Monday to Sunday inclusive; it being understood that nothing herein shall constitute a guarantee of the hours of work per day or per week, or a guarantee of work.

15.02 The normal hours of work for part-time employees shall consist of up to a maximum of eight (8) hours per day and up to a maximum of twenty-four (24) hours per week, Monday to Sunday inclusive. A part-time employee who works in excess of twentyfour (24) hours in a week for three (3) or more consecutive weeks, other than for purposes of vacation, illness, accident, or leave of absence relief shall be reclassified and be deemed to be a ufull-time" employee for the purpose of this Agreement.

15.03 In the scheduling of the normal hours of work, the Company agrees that hours will be scheduled as follows:

(a) First to full-time employees by seniority up to a maximum of eight (8) hours per day and forty (40) hours per week, provided they have the qualifications, ability and are available to perform the work required; then

(b) To part-time employees by seniority up to a maximum of eight (8) hours per day and twenty-four (24) per week, provided they have the qualifications, ability and are available to perform the work required.

(c) Employees who work after 10:00 p.m. shall have their start time scheduled to 11 :00 p.m. subject to the Company's operational requirements and tender contract specifications.

15.04 The Company will provide reasonable notice of any changes to usual work schedules. The two (2) weeks will constitute reasonable notice, except in circumstances beyond the Company's control.

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• • 15.05 Rest Periods

(a) The meal period will be one-half (1/2) hour unpaid for employees working more than five (5) hours after their starting time of the shift.

(b) Employees will be granted a fifteen (15) minute rest period without loss of pay during each four (4) working hours. Rest periods will be taken in suitable areas designated by the Company.

15.06 (a) Employees reporting or called in to work will be guaranteed four and one half {4 1h) hours of work or four and one half {4 1h) hours pay.

{b) An employee called in to work on his day off will be guaranteed a minimum four {4) hours pay at the prevailing overtime rate.

15.07 If a payroll problem arises concerning one or more employees the Company will, upon request, meet with the Business Representative of the Union or the steward to review any or all bargaining unit employees' time cards and/or sign-in sheets in an attempt to resolve the issue.

15.08 Employees shall not be required to work a split shift.

15.09 Overtime

(a) Time and one-half (11hX) the employee's regular hourly rate of pay shall be paid for all time worked in excess of eight (8) hours per day (excluding lunch periods) or forty (40) hours per week.

(b) There shall be no duplication of overtime premiums.

(c) The Company may from time to time require employees to work overtime. As far as is practical overtime shall be on a voluntary basis and will be offered to the senior employee who is available and able to do the work on the shift. Subsequent overtime opportunities will be offered to the next most senioremployee(s) on these shifts. This process will continue until such time that everyone has had an opportunity to work extra hours.

15.10 For the purpose of calculation of overtime, Statutory Holiday pay or vacation pay shall be deemed time worked.

15.11 In the event of extra hours of work being available these extra hours shall be offered to the most senior employee who is available and able to do the work on the shift. Subsequent work opportunities will be offered to the next most senior employee(s) on these shifts. This process will continue until such time that everyone has had an opportunity to work extra hours.

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·' • •

ARTICLE 16- PAID HOLIDAYS

16.01 Subject to Clause 16.02, the following days shall be designated paid holidays for employees at their regular rate and number of hours:

New Years Day Floater Boxing Day Civic Holiday

Dominion Day Good Friday Victoria Day

Christmas Day Labour Day Thanksgiving Day

16.02 Employees who have been in the employ of the Company for sixty (60) working days or more and who are off work due to the observance of one of the above named holidays will receive regular hours pay for such holiday not worked provided that:

(a) he works his scheduled work day immediately proceeding such holiday and his scheduled work day thereafter unless absent with the permission of the Company

(b) he works at least one (1) day in the calendar week in which the holiday falls

It is agreed that, for the purposes of this Article, paid time shall be considered as time worked.

16.03 Where an employee works on a designated holiday, as outlined in Clause 16.01, he shall be paid at the rate of one and one half (1 Y2X) times his regular hourly pay for all hours worked, plus the pay referred to in Clause 16.01.

16.04 If any of the above mentioned holidays occurs during an employee's vacation period, the employee will receive an additional day off with pay to be added on to his vacation period.

16.05 If any of the above mentioned paid holidays occurs during an employee's regular day off, then the paid holiday will be moved to another day as agreed between the employee and the Company, in the two week period before or after the holiday involved.

16.06 For each paid holiday, employees shall be paid for the normal regular hours they would ·have normally worked on such a day at their regular rate.

16.07 In the event the Federal or Provincial government declares any additional paid holidays such additional day shall be added to the list in Article 16.01 above.

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• • ARTICLE 17 - VACATIONS

17.01 In each vacation year (July 1 -June 30), vacations shall be granted to employees on the following basis:

(a) An employee who has completed less than one (1) year of employment prior to July 1st in a given year shall be entitled to one {1) day for each completed month of seniority up to a maximum of ten {1 0) days at a rate of four percent {4%) of T4 earning for that year. Such employee must have completed six {6) months of continuous employment prior to taking vacations.

(b) An employee who has completed one (1) full year of seniority but less than five (5) full years of seniority, prior to July 1st in a given year, shall be entitled to two {2) weeks vacation in that year at a rate of four percent (4%) of T 4 earnings for the previous year.

(c) An employee who has completed five {5) full years of seniority but less than twelve (12) full years of seniority prior to July 1st in a given year, shall be entitled to three {3) weeks vacation at a rate of six percent {6%) of T-4 earnings for the previous year.

{d) An employee who has completed twelve (12) full years of seniority prior to July 1st in a given year, shall be entitled to four (4) weeks vacation at a rate of eight percent (8%) of T-4 earnings for the previous year.

{e) The choice of vacation period shall be according to seniority provided that it does not conflict with management's obligation to maintain an effective work force. On April 1st of each year all employees shall inform the Company of their choice of vacation dates. On May 1st, the Company will post the scheduled vacation dates.

(f) It is understood that the definition of seniority shall be established by Article 12.02 of this Collective Agreement.

17.02 An employee who is granted vacation leave in accordance with the provisions of Clause 17.01 shall receive his accumulated vacation pay for the period to be taken as specified in Clause 17.02, at the time of vacation, providing such employee takes his vacation leave in periods of no less than one (1) week.

17.03 All vacation weeks must be used in the vacation year. Employees shall not be entitled to carry forward their vacations from one year to the next.

17.04 An employee who terminates his employment for whatever reason and has not received his vacation pay allowance as provided herein will receive at time of termination a percentage of his earnings as stipulated in 17.01 above.

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• • 17.05 Accumulated vacation pay shall be cashed out on the first pay period after July 1st

of each year.

17.06 Vacation pay will be issued on a separate cheque.

ARTICLE 18 • GROUP BENEFITS

18.01 United Food and Commercial Workers Trusteed Dental Plan Ontario.

(a) The Company agrees to contribute to the United Food and Commercial Workers Locals 175 and 633 Trusteed Dental Plan Ontario (Dental Plan) twenty-eight cents ($0.28) per hour, as date of ratification, for all hours paid for all employees to a maximum of forty (40) hours per week. Hours shall not include weekly indemnity payments.

(i) Effective January 1, 2005 the Company will pay twenty-nine cents ($0.29) per hour for all hours worked to a maximum of forty (40) hours per week to all employees.

(ii) Effective January 1, 2006 the Company will pay thirty cents ($0.30) per hour for all hours worked to a maximum of forty (40) hours per week to all employees.

(b) The Company agrees to sign the participation agreement and supply any other documents, forms, reports or information required by the Trustees of the Dental Plan. The Company is to pay all applicable taxes.

(c) The Company shall forward all contributions together with a list of all employees covered and the number of hours paid per week for each employee in each reporting period, within fifteen (15) days following the end of each of the Company's four (4) or five (5) weeks accounting period.

18.02 Canadian Commercial Workers Industry Pension Plan

(a) The Company agrees to contribute to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) twenty ($0.20) cents per hour for all hours paid for all regular employees to a maximum of forty (40) hours per week.

(i) Effective October 1 , 2005 the Company agrees to contribute to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) twenty-five ($0.25) cents per hour for all employees to a maximum of forty (40) hours per week.

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• • (ii) Effective October 1 , 2006 the Company agrees to contribute to the

Canadian Commercial Workers Industry Pension Plan (Pension Plan) thirty ($0.30) cents per hour all employees to a maximum of forty (40) hours per week.

(b) The Company agrees to sign the participation agreement and supply any other documents, forms, reports or information required by the Trustees of the Pension Plan. The Company is to pay all applicable taxes.

(c) The Company shall forward all contributions together with a list of all employees covered and the number of hours paid per week for each employee in each reporting period, within fifteen (15) days following the end of each of the Company's four (4) or five (5) weeks accounting period.

ARTICLE 19 • NOTICE BOARDS

19.01 The Company agrees to provide a notice board on which all official notices of the Company and of the Union may be posted.

All Company and Union notices including job postings shall be posted in English and the majority native language of the bargaining unit.

ARTICLE 20 • UNIFORMS

20.01 The Company agrees to provide, without charge to employees, two (2) sets of uniforms to each employee: The employee will be responsible to maintain such garments clean and tidy. The Company further agrees to provide such uniforms as required on a normal wear and tear basis. Employees are required to wear uniforms as provided while performing their normal work duties.

If an employee leaves the employ of the Company he shall return the two (2) uniforms before receiving his final cheque. Should the employee fail to return any part of his Company uniform an equivalent amount shall be deducted from his final cheque.

20.02 The Company will supply the employees, without charge, with protective clothing needed to perform the required tasks.

20.03 In the event the Company establishes a policy on employee footwear, the Company shall provide same. Employees will be expected to wear the footwear at all times while performing their normal work duties.

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• • ARTICLE 21 - GENERAL

21.01 Correspondence

All correspondence arising out of, or incidental to this Collective Agreement, shall pass between the designated· official of the Company and the Business Representative of the Union, unless otherwise herein specified.

21.02 Pay Cheque Error

Should any error occur in a pay cheque, attributable to the Company, the Company agrees to correct the error no later than the following pay day. Pay day shall be biweekly.

ARTICLE 22- U.F.C.W. TRAINING AND EDUCATION FUND

22.01 The Company agrees to contribute two hundred and fifty dollars ($250.00) per calendar year to the U.F.C.W. Local175 Education and Training Fund on or about December 31st of each calendar year commencing in 1998.

ARTICLE 23- SICK LEAVE

23.01 Regular full-time employees will earn one half (¥2) day of sick leave per completed month of employment to a maximum of seven (7) days per year, provided that the employee has worked at least half of that month.

Part-time employees will be entitled to three (3) days of sick leave per year.

23.02 An employee on sick leave will use his/her credited days earned as a replacement for wages lost on account of sickness.

23.03 To be eligible for the benefit contemplated above an employee must notify management of absence from work at least four (4) hours in advance of the start of their shift, notify management of intention to return to work twenty-four (24) hours in advance and if requested, provide accept~ble proof of illness.

23.04 Unused sick leave shall be cashed out at year end.

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• • ARTICLE 24- RENEWAL AND TERMINATION

24.01 This Agreement shall be in force and effect from January 4, 2004 to January 3, 2007 and shall automatically continue from year to year for periods of one (1) year at a time, unless either party serves notice on the other party within ninety (90) days prior to the expiry date of the collective agreement, stating that negotiations for amendments are desired.

24.02 When such notice has been given by either party bound by this Agreement, the parties shall meet within fifteen (15) days from the giving of the notice or writing such further periods as the parties may agree upon, and they shall bargain in good faith and make every reasonable effort to make a Collective Agreement.

IN WITNESS WHEREOF the parties hereto have affixed their signature, this 3rd day of July , 2004.


Manolo Alurralde

Joe DeMelo

22

HALLMARK HOUSEKEEPING SERVICES INC.

Susanne Doherty

..

EFFECTIVE January 4, 2004



Premiums:

• • SCHEDULE "A"

WAGES AND CLASSIFICATIONS

LIGHT DUTY HEAVY DUTY

$10.00 $11.75

$10.25 $12.00

$10.50 $12.25

$0.25¢ night shift premiums (for those hour worked after midnight)

Probationary Rate: $0.50¢ per hour less

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January 9, 1999

Mr. Fernando Reis Union Representative UFCW Local175 2200 Argentia Road Mississauga, Ontario L5N 2K7

Dear Mr. Reis:

• •

Please accept this letter as Hallmark's official response to the union's inquiry regarding sub-contracting of bargaining unit work.

Basically, the Company does not have a policy nor practice of sub-contracting of our cleaning services. Furthermore, we understand from our recent conversations that there seems to be a recent practice with some companies in this industry of treating their employees as "independent contractors". Again, we can say very clearly that we do not engage in such a practice nor do we have any intentions of doing so in the future.

We do not anticipate any change in our position at anytime in the future. However, if it does, we will agree to consult with you in advance, with an aim to arriving at a mutually agreeable solution prior to proceeding.

Trusting this is satisfactory.

Yours truly,


Manuel J. Clementine President

24

January 9, 1999

Mr. Fernando Reis Union Representative UFCW Local 175 2200 Argentia Road Mississauga, Ontario L5N 2K7

Dear Mr. Reis:

RE: Water Cooler

• •

Please be advised that employees shall have access to water from the cooler in the lunch room.

Yours truly,


Arthur Carreiro Vice-President - Toronto

25

\

"" • , ,

• LETTER OF UNDERSTANDING.

BETWEEN: United Food & Commercial Workers International Union Local 175 (hereinafter referred to as the 11 Union 11

)

AND: Hallmark Housekeeping Services Inc. (hereinafter referred to as the 11COmpany11

)

RE: LABOUR-MANAGEMENT MEETINGS

The parties agree to establish a Labour-Management Committee. The Committee shall be comprised of no more than two (2) representatives of each party. ·Additionally, the Union's Business Representative shall sit on the Union's committee and the Company's Manager of Labour Relations shall sit on the Company's committee.

The Labour-Management meetings shall be held on site at least once per month. The chairing of the meetings shall alternate. The purpose of these meetings is to discuss issues of concern to the parties including (but not limited to) the following:

(i) Operational Issues

(ii) Other issues related to working conditions and/or the collective agreement

Minutes of the meetings shall be kept by the Chair (Business Representative or Manager of Labour Relations) and shall be typed up by the Company.

Signed at TORONTO this srd day of July I 2004.


Manolo Alurralde

Joe DeMelo

G:\Data\Agmnts C:HallmarkScotiaPiaza.2007 Sep 9, 2004 JoeDeMelo/cope: 343

HALLMARK HOUSEKEEPING · SERVICES INC.

Susanne Doherty

26

CERT.DAT TOTAL COOING CONTROL THIS AGREEMENT made … and Wast… · CERT.DAT TOTAL EMPS I L 0 COOING CONTROL DATE CODER IDENT cooeo.$~~ 1- 'f THIS AGREEMENT made and entered into

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