This Agreement was made an entered on May 27th, 2016 COLLECTIVE AGREEMENT BETWEEN: Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road, Oakville (hereinafter called "the Employer") - and - LIUNA Local183 (hereinafter called "the Union") ARTICLE 1- STATEMENT OF PRINCIPLES AND INTENTS 1.01 The general purpose of this Agreement is to provide an orderly Collective Agreement between the Employer and the Union, to secure prompt and fair disposition of grievances, and to prevent interruptions of work and interference with the efficient operation of the business, consistent with the terms of this Collective Agreement. 1.02 a) The Employer and the Union agree that in the exercise of each of their rights and in the administration of this Agreement, they shall endeavour to do so in a fair and reasonable manner. b) The parties believe that all employees want to be involved in the decisions that affect them, care about their jobs and each other, take pride in themselves and in their contributions and want to share in the success of their efforts. Therefore, the parties encourage employees to continue to bring forth questions and suggestions to the Employer that might make it more successful in the long run. The Union retains the exclusive responsibility to represent its members regarding all terms and conditions of employment. Hallmark Housekeeping Services Inc. 1075,1235 & 1275 North Service Road (2016 to 2019) Page 1
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This Agreement was made an entered on May 27th, 2016
COLLECTIVE AGREEMENT
BETWEEN:
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road, Oakville
(hereinafter called "the Employer")
- and -
LIUNA Local183 (hereinafter called "the Union")
ARTICLE 1- STATEMENT OF PRINCIPLES AND INTENTS
1.01 The general purpose of this Agreement is to provide an orderly Collective
Agreement between the Employer and the Union, to secure prompt and fair disposition of
grievances, and to prevent interruptions of work and interference with the efficient operation of
the business, consistent with the terms of this Collective Agreement.
1.02 a) The Employer and the Union agree that in the exercise of each of their rights
and in the administration of this Agreement, they shall endeavour to do so
in a fair and reasonable manner.
b) The parties believe that all employees want to be involved in the decisions
that affect them, care about their jobs and each other, take pride in
themselves and in their contributions and want to share in the success of
their efforts. Therefore, the parties encourage employees to continue to
bring forth questions and suggestions to the Employer that might make it
more successful in the long run. The Union retains the exclusive
responsibility to represent its members regarding all terms and conditions
of employment.
Hallmark Housekeeping Services Inc. 1075,1235 & 1275 North Service Road (2016 to 2019) Page 1
c) The parties recognize the above principles will be critical to the future
success of the Employer and therefore, to the future security of everyone
working for the Employer. The parties are therefore committed to creating
an open, constructive and co-operative environment at this location.
1.03 The Employer will negotiate at all times necessary in the manner provided herein
with the chosen accredited Representative(s) of the Union for the purpose of determining any
disputes which may now exist or which may arise as to wages, hours or working conditions, or
any other matter covered by this Collective Agreement.
ARTICLE 2 - SCOPE AND RECOGNITION
2.01 The Employer recognizes the Union as the bargaining Representative of all
employees of Hallmark Housekeeping Services Inc. employed at 1075, 1235 & 1275 North Service
Road in the City of Oakville, save and except office and clerical staff, supervisors and persons
above the rank of supervisor.
2.02 Non-Bargaining Unit personnel may continue to perform any bargaining unit work
they have in the past, so long as it does not cause the lay-off of a bargaining unit employee.
2.03 The Employer agrees to recognize and bargain collectively and exclusively with
the Union for all employees of the Employer as defined in Article 2.01 above.
2.04 The words "employee" or "employees" wherever used in this Agreement shall mean
all employees in the bargaining unit referred to in 2.01 above who have completed their
probationary period, except where its context otherwise provides. In this Agreement words using
the masculine gender shall be considered to include the feminine gender and neuter as well; the
singular includes the plural and the plural, singular where the text so indicates.
2.05 The word "day" shall refer to working-day except where otherwise indicated
2.06 No employee covered by this Collective Agreement, shall as a result of same, suffer
and/or incur any loss or reduction in hours, wages or any other benefits and/or conditions of
employment monetary or otherwise for purposes of benefit coverage, etc.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 2
2.07 Employee Attendance at Staff Meetings
(a) Where an employee is directed by the Employer to attend a staff meeting, in-service
or a committee meeting during his/her regular working hours, the employee shall
be compensated at his/her regular hourly rate for the time spent in such attendance
(including their lunch and/or break times).
(b) Where an employee is directed by the Employer to attend a staff meeting, in-service
or committee meeting outside of normal working hours, he/she shall be credited
with equivalent time off at his/her basic rate of pay.
ARTICLE 3 -UNION SECURITY AND DUES
3.01 All employees will be required to pay Union dues or the equivalent of Union Dues
as a condition of employment, and that amount shall be deducted from the wages of each employee
employed in any position within the bargaining unit described in Article 2 of this Agreement.
3.02 The Employer shall deduct from the pay due to each employee any dues, initial fees
or assessments levied by the Union on its members. The Union agrees to advise the Employer in
writing the amount set as regular monthly dues. Such deductions shall then be forwarded to the
Secretary/Treasurer of the Union not later than the fifteenth (151h) day of the month following the
month in which the deductions were made.
3.03 The Employer shall, when forwarding such dues, provide a list for the
Secretary/Treasurer of the Union of those employees from whom such deductions have been made.
3.04 The Union shall indemnify and hold harmless the Employer against any and all
liability which may arise by reason of the check-off by the Employer of dues, initiation fees or
assessments in accordance with this Agreement.
3.05 The Employer agrees to provide the Union twice per year-(Jan/Jun) or if there is a
drastic changes in between an updated list of employees covered by this Agreement, their
classification, employee status and updated contact information including addresses, phone
numbers, etc.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 3
ARTICLE 4- MANAGEMENT RIGHTS
4.01 The Union recognizes and acknowledges that the Management of the operation and
direction of the working forces are fixed exclusively in the Employer and, without restricting the
generality of the foregoing; the Union acknowledges that it is the exclusive function of the
Employer and its management.
a) To maintain order, discipline and efficiency; to make, alter, and enforce, from
time-to-time, rules and regulations, policies and practices to be observed by its
employees; to discipline and discharge employees; it being understood and
agreed that changes will be brought to the attention of and discussion will take
place with the Union Committee prior to implementation thereof.
b) To selection, hire, to transfer, assign, promote, demote, classify, lay-off, and
to recall, to plan direct and control operations; to select and retain employees
for positions excluded from the bargaining unit.
c) To operate and manage the business in order to satisfy its commitments and
responsibilities; the right to determine the extension, limitation, curtailment or
cessation of operations or any part thereof; the right to determine the nature
and kind of business conducted by the Employer, the sub-contracting of work,
the kinds and locations of operation, equipment, and materials to be used,
products, materials, services and/or equipment purchased and/or leased, the
control ofmaterials, the methods and techniques ofwork, the content of jobs,
the scheduling of operations, and quantity and quality of production; the right
to create or alter job classifications from time-to-time; the right to use
improved methods, machinery and equipment; the right to decide on the
number of employees needed by the Employer at any time; the hours to be
worked; starting and quitting times, except that these times will not be
arbitrarily changed; to institute and generally the right to manage the enterprise
and business are solely and exclusively the right of the Employer, except only
as may be specifically limited by an expressed provision of this Agreement.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page4
5.02 Grievance pertaining to the alleged violation of hours-of-work, rates-of-pay,
overtime provisions, pay disciplinary matters must be submitted within thirty (30) days of such
alleged violation occurring. The Employer will not be responsible for any financial liability
beyond this thirty (30) day period.
5.03 Probationary employees shall be considered as being employed on a trial basis, and
may be terminated where the employee is considered, in the judgement of the Employer, to be
unsuitable. The termination of a probationary employee can be based on a lesser standard than
that for a seniority employee, should generally be at the discretion of the Employer, and should
only be modified where the Employer has no basis for its decision.
5.04 A claim by an employee that he/she has been discharged or suspended without just
cause may be treated as a grievance which shall commence at the third (3rd) step of the Grievance
Procedure within three (3) days following the discharge or suspension.
5.05 The time limits set forth at the various steps of the Grievance and Arbitration
Procedure may only be extended by mutual consent in writing, signed by both parties.
5.06 No matter may be submitted to Arbitration which has not been properly carried
through all previous steps of the Grievance Procedure.
5.07 Any grievance not presented and/or carried forward within the time limits as set
forth under any steps of the Grievance and Arbitration Procedure, or any longer periods which
may have been mutually agreed upon as set out above, shall be deemed null and void, and settled
on the basis of the last Employer response.
5.08 A grievance which has not been disposed or pursuant to the Grievance Procedure
provisions of this Article shall not again be made the subject matter of a grievance.
5.09 An employee who has been discharged shall have the right to interview the Steward
in a suitable place for a reasonable period of time before leaving the premises, unless the continued
presence ofthat employee poses a danger to the facility or any of its employees.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 6
ARTICLE 6- ARBITRATION
6.01 Failing a satisfactory settlement in Step 3 ofthe Grievance Procedure, it shall be
the responsibility of the party desiring arbitration to so inform the other party, in writing, within
ten (10) days after the response of the Facility Supervisor.
6.02 The parties may mutually agree upon a "sole" arbitrator. Failing agreement the parties may request the Ministry of Labour to appoint or use section 49 of the Act.
6.03 The decision of the sole Arbitrator shall be final and binding upon the parties. The
Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this
Agreement nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter
not specifically assigned to him/her.
6.04 The parties will equally bear the fees and expenses of the sole Arbitrator. Any
witnesses called by the parties will be at their individual expense.
ARTICLE 7- EMPLOYER GRIEVANCES AND UNION GRIEVANCES
7.01 Policy grievances may be initiated by the Employer or by the Union at the third
(3rd) step of the Grievance Procedure. The Union is prevented from filing a policy grievance that
might have been filed by an individual employee or employees, and the requirements of this
Grievance Procedure shall not thereby be avoided.
7.02 Without limiting the generality of the foregoing, the parties agree the following
offences will normally be considered just cause for immediate discharge and should only be
modified by an Arbitrator where the Employer is unable to prove the incident which resulted in
discharge:
a) threatening physical harm with a weapon, or using a weapon to physically
harm another person;
b) theft, falsifying time records;
c) sabotage;
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 7
d) physical assault on the Employer or an Employer representative, or on
another employee;
e) possession of or use of illegal drugs, or the improper use of prescription
drugs; being under the influence of alcohol or drugs when reporting for
work or during working-hours;
t) working elsewhere while on an authorized leave of absence, Workers'
Compensation claim, or medical leave, without the written permission from
the Employer;
g) sexual harassment.
ARTICLE 8- APPENDICES OF WAGE RATES, HOURS-OF-WORK, AND SPECIFIC WORKING CONDITIONS
8.01 Attached to this Agreement are appendices which specifically set forth and define
hourly rates and job classifications, all ofwhich are an integral part ofthis Agreement.
ARTICLE 9- UNION REPRESENTATION
9.01 Union Stewards may be appointed as follows:
One (1) Union Steward on each shift per location appointed from employees with
a minimum of six ( 6) months seniority with the Employer. The Union shall submit
to the Employer in writing the names of the Union Stewards.
Union Stewards shall, in their specific job classification, be the employees retained
the longest in their respective classification.
9.02 The Union Steward shall perform the required duties of an employee of the
Employer. The Union business shall not be conducted during regular working-hours without
expressed permission from an authorized Representative of the Employer and such permission
shall not be unreasonably withheld.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 8
9.03 The Employer agrees that a Steward shall not suffer any loss of pay for time
necessarily spent during working-hours while processing grievances with management approval.
However, the Steward must receive permission of his/her Supervisor before leaving their regular
work and must report back to their Supervisor when they return.
9.04 Right to Ha.ve Steward Present
An employee, who is subject to disciplinary action (i.e. written reprimands,
suspension or termination) that is to be recorded within the employee's Personnel File, shall have
the right to have a Steward to represent him/her at such meetings. The Employer agrees that the
employee shall be notified of the purpose of such meeting. It shall be the responsibility of the
Employer to contact the Steward and if one is not available the employee being disciplined may
request the presence of another co-worker at such meeting.
A Union Steward, who is subject to discipline, shall have the right to the presence
of a Union Representative or another officially appointed Union Steward, when practical.
This provision shall not apply to those discussions that are of an operational nature
and do not involve imposition of disciplinary action.
9.05
(a)
(b)
9.06
(a)
No Ind ividual Agreements
No employee shall be compelled to or allowed to enter into any individual contract
or agreement with the Employer concerning the conditions of employment varying
the conditions of employment herein.
Notwithstanding the above, the wage rates outlined in this Agreement are minimum
wage rates and they do not prevent the Employer from paying a higher wage rate.
Harassment
All employees have the right to work in an environment free from sexual
harassment. Sexual harassment will be grounds for the imposition of discipline
pursuant to this Agreement. Where an employee alleges that sexual harassment has
occurred on the job, the employee shall have the right to grieve under this
Agreement.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 9
(b) "Sexual harassment" means any unwelcome sexual advances, remarks or demands
for sexual favours of an unwelcome or physical nature, insulting or offensive
comments or conduct of a sexual nature.
ARTICLE 10- PRODUCTIVITY
10.01 The Union and Employer recognize the reciprocal value of improving, by all proper
and reasonable means, the productivity of the individual employee; and undertake jointly and
severally to promote and encourage such improved productivity.
10.02 The Union, during the term of this Agreement, shall not cause strikes within the
meaning of the Ontario Labour Relatiolls Act, and more specifically, there shall be no picketing,
slowdowns, work-to-rule campaigns, sit-downs or other similar activities. The Employer agrees
there shall be no lock-out of the employees during the term of this Agreement.
10.03
(a)
Health and Safety
Employees shall report any work related accident/injury to his/her immediate
supervisor as soon as it occurs and follow through with all responsibilities outlined
in the Workplace Safety and Insurance Act.
(b) Employees returning from Sick leave exceeding three (3) days or longer or
employees that have a record of repetitive absenteeism, must provide a cleared
Fitness for Duty report by a medical practitioner to ensure they are physically able
to perform their duties and maintain their safety at work.
ARTICLE 11- DESIGNATED HOLIDAYS
11.01 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 ofhours
the employee would have normally worked on such day:
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 10
New Year's Day Family Day Good Friday Victoria Day Canada Day
Civic Holiday
Labour Day Thanksgiving Day Christmas Day Boxing Day Floating Holiday
One Additional Floater as of April 1, 2018
* or days celebrated in lieu thereof.
*Employee to provide 1 month notice or intended day off, mutual
agreement for day off required.
*Floaters days can be used as sick days before the end of each contract year.
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, bereavement
leave, or certified illness or injury, for no more than six (6) consecutive working-days before or
after such holiday, shall still qualify for holiday pay.
11.02 The employee required by the Employer to work any of the above-noted designated
holidays shall be paid at the rate of one and one-half (1 Y:z) times the employees' regular hourly
wage for each hour worked in addition to the specific holiday pay.
ARTICLE 12- VACATION AND VACATION WITH PAY
12.01 Vacation pay shall be based on the length of service as defined in Article 20, sub
clause 20.01.
(a) Employees with less than one (1) year of continuous service shall be entitled
to four percent (4%) vacation pay.
(b) Employees with one (1) year or more of continuous service but less than
five (5) years of continuous service with the Employer shall receive four
percent (4%) vacation pay.
Hallmark Housekeeping Services Inc. 1075, 1235 & 1275 North Service Road (2016 to 2019) Page 11
(c) Employees with five (5) years or more of continuous service but less than
ten (10) years of continuous service with the Employer shall receive six
percent (6%) vacation pay.
(d) Employees with ten (10) years or more of continuous service with the