COLLECTIVE AGREEMENT BETWEEN: LiUNA LOCAL …...Nova Services Group Inc. (Provincial Long Term Care) (2015-2018) Page 1 ARTICLE 2 -UNION SECURITY 2.01 The Employer shall, for each

COLLECTIVE AGREEMENT

BETWEEN:

NOV A SERVICES GROUP INC.- COMPASS GROUP CANADA LTD.

(hereinafter called "the Employer")

- and-

LiUNA LOCAL 183

(hereinafter called "the Union")

WHEREAS the Employer and the Union wish to enter into a common Collective

Agreement with respect to certain employees who are engaged in all work associated with building

rb.aintenance, janitorial cleaning and dietary and to provide for and ensure uniform interpretation

and application in the administration of this Collective Agreement.

IT IS AGREED as follows:

ARTICLE I- RECOGNITION

1.01 The Employer hereby recognizes the Union as the sole and exclusive bargaining

agent of all employees of the Employer engaged in cleaning, maintenance and dietary work at all

locations throughout the Province of Ontario, excluding Hearthstone by the Lake in Burlington,

Ontario; Southbrook Lodge Retirement Home in Brampton, Ontario and Suomi Koti in Toronto,

Ontario, and save and except supervisory personnel, office and clerical staff and students, and

those individuals covered by and working pursuant to the existing provincial cleaning collective

agreement between these parties.

1.02 It is understood that in full service contracts, the Assistant Supervisor cleans private

offices and performs bargaining unit work from time-to-time, but not for a full shift. This work

shall return to bargaining unit members upon the retirement, resignation or termination of the

present individual performing those duties.

1.03 Both parties agree that major window cleaning, major floor stripping and major

steam cleaning of carpets are not part of the bargaining work and is contracted out.

Nova Services Group Inc. (Provincial Long Term Care) (2015-2018) Page 1

ARTICLE 2 - UNION SECURITY

2.01 The Employer shall, for each pay period, deduct from the wages of each employee

in the unit affected by the Collective Agreement, the amount of regular Union dues as a condition

of employment. The Union shall notify the Employer in writing of the amount of regular Union

dues to be deducted in accordance herewith and the Employer shall, for the purposes, rely upon

such written notification as conclusive evidence that the amounts so deducted are in accordance

with the Union's constitution and by-laws. The Union shall indemnify and save the Employer

harmless from any claims, suits, judgements, attachments and from any form of liability as a

result of making such deductions in accordance with the written direction of the Union and the

Union will refund directly to all employees any amount for which wrongful deductions were made

by the Employer in accordance with the written notification provided by the Union.

2.02 The Employer shall forward such deductions to the Secretary/Treasurer of the

Union not later than the fifteenth ( 151h) of the month following the month in which the deductions

were made.

2.03 The Employer shall, when forwarding such dues, provide a list for the

Secretary/Treasurer of the Union, listing the names and corresponding Social Insurance Numbers

of the employees from whose pay such deductions have been made.

2.04 The Union shall indemnify the Employer from any claim which may arise from

deductions made pursuant to this Article.

2.05 The Employer agrees to provide the Union with a list of employees covered by this

Agreement, their classification, employee status and updated contact information including

addresses, phone numbers, etc. as provided by employees.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Employer shall have the exclusive functioning option to conduct its businesses

in all respects in accordance with its commitments and responsibilities including the right to:

(a) manage, locate, extend, schedule, curtail or cease maintenance operations;


(b) determine the number of workers required for any or all operations; judge the

qualification of employees; assign or re-assign work loads of employees; determine

and evaluate the content and functions of all jobs and classifications; revise work

assignments at any time and maintain an efficient mobile work force with diverse

skills;

(c) determine the types and placement of machines, tools, materials and equipment; and

to introduce new or improved systems and equipment;

(d) hire, classify, promote, transfer and lay-off employees and to discharge, demote and

suspend employees;

(e) establish, revise from time-to-time and enforce reasonable rules of conduct and

procedure for its employees, maintain order, discipline and efficiency;

All of the above are subject to the provisions of Articles 4 and 5 herein. It is agreed

that these functions shall not be exercised in a manner inconsistent with the express provisions and

intent of this Agreement.

3.02 Employer Policies

Copies of individual policies can be provided upon employee requests and the

Employer shall advise of any change in policies.

3.03 Contracting Out I Bargaining Unit Work

The Employer agrees that it will not contract out any bargaining unit work that has

been performed by bargaining unit employees referred to in Article 1 except in

emergency situations.

The Employer further agrees that its representatives not covered by the terms and

conditions of this Collective Agreement shall not perform any bargaining unit work except for

purposes of instruction or in cases where bargaining unit members are not readily available at each

specific site.

It is understood that the Environmental Service Manager (ESM) is not covered by the

Collective Agreement and performs maintenance work.


ARTICLE 4- GRIEVANCE PROCEDURE

4.01 (a) The immediate attention to complaints and grievances is of the utmost importance.

(b) Grievances properly arising under this Agreement shall be presented verbally by

the employee to his/her Supervisor within ten (1 0) working-days after the alleged

grievance incident. If the supervisor's decision is not satisfactory, the employee

may forward his/her grievance to Step No. 1 within five (5) working-days. Properly

constituted grievances may be processed through the following procedures:

STEPNO.l

STEP N0.2

STEP NO.3

The aggrieved employee shall present his/her gnevance in writing to his/her

Supervisor within five (5) working days following the decision in 4.01 (b). The

employee shall have the assistance of his/her Steward if he/she so desires. The

supervisor shall give his/her decision in writing within three (3) working days

following the presentation of the grievance to him. If the Supervisor's decision is

not satisfactory to the employee concerned, then the grievance may be forwarded

to Step No.2 within three (3) working days.

The aggrieved, through an authorized Union Representative, may submit the

grievance to an authorized agent of the Employer, in writing and the responsible

parties shall meet within five ( 5) working days following.

Should no settlement, satisfactory to the aggrieved, be determined within five (5)

working-days following, this meeting, the next step of the Grievance Procedure

may be implemented within five (5) working days following.

Should no settlement, satisfactory to the aggrieved be determined within five (5)

working days following, the grievance may be submitted to arbitration within ten

(1 0) working days following, as provided for in Article 4 - Arbitration.

4.02 Grievance pertaining to alleged violation of hours-of-work, rates-of-pay, overtime,

vacation with pay and other monetary items, may be submitted within six ( 6) weeks of such alleged

grievance incident.


4.03 Satisfactory judgement of such grievances may be retroactive from the first day of

the grievance incident.

4.04 Employees with less than sixty (60) days' worked (probationary employees) may

submit grievances pertaining only to alleged violations of monetary matters.

4.05 A claim by an employee who has completed his/her probationary period that he/she

has been discharged without just cause, shall be treated as a grievance and a written statement of

such grievance shall be lodged with the Employer commencing at Step No. 2 of the grievance

procedure within five (5) working days of such discharge.

4.06 (a) All meetings with Nova employees during working hours must be prescheduled a

minimum of one week in advance.

(b) The request to meet with the Nova employee's must be in writing to all site

managers and copied to the divisional Nova General Managers prior to notifying

the staff (email's are satisfactory).

(c) It will be at the discretion of the Nova site Management or Corporate Manager to

approve the dates and commencement times of these meetings. Permission will not

be unreasonably with held.

(d) Once your representative has obtained approval from the Nova site Managers, the

staff can be notified.

(e) The duration of these meetings during working hours will be a maximum of thirty

(30) minutes. If a longer period of time is required the meetings could be combined

with employee break or lunch periods otherwise the employee's will have to agree

to work extended shifts that day to complete their duties at no additional cost to

Nova.

ARTICLE 5 -ARBITRATION

5.01 Disputes that are carried to arbitration shall be heard before a sole arbitrator.


5.02 When either party requests that a grievance be submitted to arbitration as herewith

provided, they shall notify the other party within fifteen (15) calendar days of the decision at Step

3. The Employer and the Union shall attempt to agree to an Arbitrator within fifteen (15) calendar

days. Should the parties be unable to agree to an Arbitrator, the parties may request the Ministry

of Labour to appoint an Arbitrator.

5.03 The decision of the Arbitrator will be final and binding upon the parties hereto.

5.04 Each of the parties will jointly bear the fees and expenses of the Arbitrator.

5.05 The Arbitrator shall not have the power, nor shall he/she be authorized to make any

decision inconsistent with the provisions of this Agreement, not to alter, modify or amend any part

of this Agreement, nor to add to or subtract from this Agreement, but shall base his/her decision

on the contractual rights of the parties as disclosed by the Agreement.

5.06 No matter shall be submitted to Arbitration that has not properly been carried

through all previous steps of the grievance procedure.

5.07 Any and all time limits referred to under the Arbitration procedures herein, may at

any time, be extended by written agreement between the Employer and the Union.

ARTICLE 6 -EMPLOYER GRIEVANCES AND UNION GRIEVANCES

6.01 The Employer may submit a grievance to the Union in a manner similar to the

procedure outlined in Article 4 - Grievance Procedure.

Should no settlement, satisfactory to the parties concerned, be determined, such

grievance may be submitted to Arbitration in a manner similar to the procedure defined in Article

5 - Arbitration.

6.02 A Union grievance which is defined as an alleged violation of the Agreement

involving all or a substantial number of employees in the bargaining unit in regard to which a

substantial number of employees have signified an intention to grieve, or a grievance involving

the Union itself, including the application or interpretation of this Agreement, may be brought

Nova Services Group Inc. {Provincial Long Term Care) (2015-2018) Page 6

forward at any time in accordance with Article 4 - Grievance Procedure and if it is not settled, it

may be referred to an Arbitrator in a manner similar to the procedure outlined in Article 5 -

Arbitration.

ARTICLE 7- APPENDICES OF WAGE RATES; HOURS-OF-WORK

AND SPECIFIC WORKING CONDITIONS

7.01 Attached to this Agreement are appendices which specifically set forth and define

hourly rates, hours-of-work and job classifications, all of which are an integral part of this

Agreement.

ARTICLE 8- UNION REPRESENTATION

8.01 Union Stewards may be appointed as follows:

8.02

One (1) Union Steward per department (Environmental and Dietary) on each ofthe

day and afternoon shifts (if required) 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.

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

express permission from an authorized agent of the Employer and such permission shall not be

unreasonably withheld.

8.03 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.

8.04 Union Negotiating Committee

The negotiating committee will be capped at fifteen (15) members. Dietary,

housekeeping including light duty, heavy duty, maintenance and laundry shall be represented fairly

in the composition of the negotiating committee. Each area will be represented fairly by committee

members recommended by members in their respective area(s).

Nova Services Group Inc. (Provincial Long Term Care) (2015-2018} Page 7

8.05 The Union Representative or designate shall have fifteen (15) minutes with a new

member within his/her probationary period to answer any Union related questions without any loss

in his/her regular pay, within their regularly scheduled shift.

ARTICLE 9- PRODUCTIVITY

9.01 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.

9.02 The Union, during the term of this Agreement, shall not cause picketing, strikes or

slowdowns which will interfere with the regular schedule of work of the employees of the

Employer, and, the Employer, during the term ofthis Agreement, shall not cause a lock-out of its

employees.

ARTICLE 10- STATUTORY HOLIDAYS

10.01 The following Statutory Holidays shall be recognized:

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

Civic Day

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

A full time employee who is required to work a Statutory Holiday shall be entitled to take a day

off in lieu in the 30 day period following said holiday.

10.02 All employees shall be entitled to holiday pay from first day of employment as

per the Employment Standards Act.

Holiday pay for full time employees shall be equivalent to a normal shift at the

employees' regular basic rate. The noted requirements are not mandatory if an employee is

prevented from working by illness (medical evidence must be presented to verify illness) or any

other reason acceptable to the Employer.


10.03 An employee required by an Employer to work, in addition to the specific holiday

pay, any of the above-noted Statutory Holidays shall be paid at the rate of one and a half (1 Y2)

times the employee's regular hourly wage for each hour worked.

10.04 For those employees who are scheduled to work only from Monday to Friday and

when a Holiday falls on a weekend, they shall be entitled to a day-off in lieu of the Holiday.

10.05 All employees shall be entitled to be off either on Christmas or New Years' Day.

Days off to be scheduled by seniority on a rotational basis. It shall be understood that due to

unforeseen circumstances employees may be required to work both days based on seniority.

ARTICLE 11- VACATION PAY

11.01 Vacation Pay shall be predicated on the length of employment with his/her present

Employer, in accordance with the following:

(a) Employees with one (1) year of service or more but less than five (5) years of service

shall receive two (2) weeks' vacation per year with pay equal to four percent (4%)

of their gross wages earned.

(b) Employees with five (5) years of service or more but less than ten (10) years of

service shall receive three (3) weeks' vacation per year with pay equal to six percent

( 6%) of their total gross wages earned.

(c) Employees with ten (1 0) years of service or more shall receive four ( 4) weeks'

vacation per year with pay equal to eight percent (8%) of their gross wages earned.

(d) Employees with twenty (20) years of service or more shall receive five ( 5) weeks'

vacation per year with pay equal to ten percent ( 10%) of their gross wages earned.

11.02 Vacation periods shall be scheduled by mutual consent of the Employer and

employees.

11.03 Employees requiring longer Vacation periods shall request the same in writing from

the Employer at least two (2) months in advance of the intended vacation period and permission

for the same shall not be unreasonably withheld.

Nova Services Group Inc. (Provincial Long Term Care) {2015-2018) Page 9

11.04 Hourly-paid employees Vacation Pay remuneration shall be submitted to them on

July 1st of each calendar year following the date of the employee's initial employment or when the

employee goes on a vacation, if so requested.

11.05 Employees shall receive Vacation Pay no later than the first regular pay period

following termination of employment.

11.06 Vacations and/or Leaves of Absence will not be granted for the time between

December 151h and January 5th of the present and new calendar year.

11.07 Vacation will be limited to a maximum of two (2) consecutive weeks in a row

during peak vacation periods of June 1st to August 31st of each calendar year.

ARTICLE 12- WELFARE & SICK DAYS

12.01 (a) (i) The Employer agrees to contribute for each employee, who is scheduled to work

seventy (70) hours or more bi-weekly, after completion of the probationary period

into Labourers' Local 183 Industrial Benefit Fund, jointly administered by equal

number of Employer and Union Trustees, for the purpose of purchasing Plan A,

plus applicable taxes:

July 1, 2015

$212.00/month

July l, 2016

$217.00/month

July 1, 2017

$220.00/month

The Employer agrees to collect from each member entitled, as set out above, the

amount often ($10.00) dollars per pay period and remit to the Local 183 Benefit

Fund with the Employers contribution for the duration period of the Collective

Agreement.

(ii) The Employer agrees to contribute for each employee, who is scheduled to

work fifty (50) to sixty-nine (69) hours bi-weekly after the completion of

their probationary period into Labourers' Local183 Industrial Benefit Fund,

jointly administered by equal number of Employer and Union Trustees, for

the purpose of purchasing Plan F, plus applicable taxes:

Nova Services Group Inc. {Provincial Long Term Care) {2015-2018) Page 10

July 1, 2015

$132.00/month

July 1, 2016

$13 8. 00/month

July 1, 2017

$141. 00/month

The Employer agrees to collect from each member entitled, as set out above,

the amount often ($1 0.00) dollars per pay period and remit to the Local 183

Benefit Fund with the Employers contribution for the duration period of the

Collective Agreement.

iii) Those members who are entitled to Plan F (ii) and wish to upgrade to the

Plan A (i) agree to have the difference deducted from their payroll per pay.

If employees do not earn enough on the payroll period then they will not be

entitled to the additional benefits for that month and the Employer will not

be responsible to deduct the difference on the member's behalf.

The member will be solely responsible to pay the Benefit Department directly to

maintain their benefit. Members have the option to upgrade into Plan A (i) by contacting their

Manager and filling out a Compass/Nova authorization form and may only be entitled to upgrade

once in the three (3) year agreement. Once a probationary member has completed their

probationary period they will be entitled to upgrade to the Plan A (i). Members may also not

withdraw in the three (3) year period. A member shall be locked into the upgraded plan for the

three (3) year period of the Collective Agreement unless their employment ends.

(b) The Employer will maintain the hours-of-work and will not reduce employees

hours-of-work for the purpose of reducing benefit coverage.

Employer to pay the benefit premium for a period of one (1) year or length of

service, whichever is shorter when an employee is off work due to verified illness or non-work

related injury.

12.02 Sick Days

In the event of an infectious outbreak being declared by the Department of Health

in a Nursing Home where an employee of this Employer is working and such employee suffers

symptoms matching the outbreak criteria requiring him/her to be sent home as a result. The


Employer will pay one hundred percent (1 00%) of the earnings lost for any scheduled shifts for

the period of time to a maximum of two (2) weeks as determined by the medical director. (i.e.:

employee told to go home for three (3) days due to medically diagnosed symptoms related to

facility illness). Such payment for lost scheduled shifts will be made on the next regular pay only

if the employee's illness was verified by a medical certificate presented to the Employer upon their

return to work. It is understood and agreed that the responsibility for payment of such certificate,

should charge be levied by the physician, shall be borne by the employee.

12.03 Personal Days

All employees who have completed probation and who work an average of four (4)

shifts per week will be entitled to nine (9) personal days from the period of April 1 to Mar 31 each

year, cashable if not used. All unused Personal Days as of March 31 yearly will be paid-out by

April 15. As of April1, Personal Day entitlement shall be pro-rated based on time worked (i.e. an

employee must work 1.3 months in order to be entitled to one (1) personal day).

The following are examples of what qualifies as a Personal Day", but not limited to:

(a) Employee illness;

(b) Immediate family illness (i.e. child or parent);

(c) Medical appointments (personal or family member);

(d) Dental appointments (personal or family member);

(e) Other appointments that cannot be scheduled outside of Business Hours

(Lawyers, court, immigration etc.).

The following are examples of what does not qualify as a "Personal Day", but not limited to:

(a) Extending vacations;

(b) Extending long weekends;

(c) Day off for no valid reason.

12.04 Retirement Fund

The Employer agrees to pay for each hour of regular time worked by each employee

(up to one hundred and fifty (150) hours/month) covered by this Agreement into the Labourers'

Local 183, Retiree Benefit Fund, the following sums:


July 1, 2015

$0.05/hr

.July 1, 2016

$0.05/hr

July J, 2017

$0.05/lu·

The Employer shall remit contributions to the Labourers', Local 183 Retiree

Benefit Trust Fund monthly, together with a duly completed Employer's Report Form, by the

fifteenth (15) of the month following the month for which the payment is due. Each monthly

contribution shall include all obligations arising from hours worked up to the close of the

Employers' payroll ending nearest to the last day of the preceding month.

The Employers' responsibility and liability for the Pension and Retirement Funds

as set out above is strictly limited to the obligation to make the contributions as set out in the

relevant provision.

ARTICLE 13 -PAYMENT OF WAGES

13.01 The Employer shall provide a statement which defines hours worked, overtime

hours, hourly rate (where applicable), deductions for Income Tax, Employment Insurance, Canada

Pension Plan, Union Dues, etc. The cheque statement shall be given to all employees, stapled

under the employees name for confidentiality reasons, if they are not handed directly to the

employee. Statements shall be delivered to the members as soon as the manager receives them.

13.02 In the event of an intended lay-off, the affected employee shall receive notice in

accordance with Provincial Government Regulations.

13.03 The Employer shall, by the next day pay period send by registered mail, to the said

employee's last known address on file, all outstanding documentation, including: Record of

Employment and all benefits including: Vacation Pay, Statutory Holiday remunerations and

accumulated pay.

13.04 The Employer shall, no later than the next regular pay following an employee's

voluntarily terminated employment, send by mail, to the employee's last known address on file,

the said employee's pay cheque.

Nova Services Group Inc. {Provincial Long Term Care) (2015-2018} Page 13

13.05 All payroll discrepancies shall be forwarded to the Supervisor who will then

forward it to Head Office in writing as per Nova's Payroll Discrepancy Policy.

ARTICLE 14 -JURY SERVICE

14.01 The Employer shall pay an employee who is required to serve as a juror the

difference between his/her normal earnings provided that the employee:

14.02

(a) Notifies the Employer immediately of the employee's notification that he/she will

be required to attend court;

(b) Presents proof of service requiring the employee's attendance;

(c) Presents proof of the amount received for such service;

(d) The Employer's obligation to pay the difference in wages is capped at two (2)

months.

Each employee serving such jury duty shall be required to provide to the Employer

satisfactory proof of such duty being served.

ARTICLE 15 - PROTECTIVE CLOTHING

15.01 Uniforms

Where the Employer requires the employee to wear distinctive or identifying

clothing as specified by Nova Head Office management, the Employer shall provide such clothing

at no cost to the employee.

The Employer shall provide the. following at the inception of employment:

Uniforms: Two (2) uniforms per person per year.

Aprons (Dietary) : As required (a supply will be available) .

Cooks Tops : Three (3) tops per year or as required.

Nova Services Group Inc. (Provincial Long Term Care] (2015-2018) Page 14

Winter Coats: One (1) winter coat per heavy duty cleaner or

handyman (as required) to remain the Employers

premises.

The Employer agrees that for all clothing requiring replacement will be issued upon

presentation of worn-out items. Any dispute regarding the need for replacement of any item shall

be resolved by Local Union and Management Representatives, if necessary.

For employees for whom sizing is a problem, the Employer shall allow these

employees to purchase their own uniforms and reimburse the employee based on the employee

providing a valid receipt to a maximum of ninety dollars ($90.00) per year.

Uniform style and colour to be specified by Nova Head Office management and

Nova Crest applied to uniform.

If an employee does not return Nova's uniforms that were provided in the last

year upon termination of employment, the cost of the uniform, thirty dollars ($30.00) will be

deducted from his/her final pay.

Safety Boots

The Employer will pay a premium of five cents ($0.05) per hour to Handy Persons

who are required to wear safety boots. The five cents ($0.05) per hour is included in the hourly

rate.

ARTICLE 16- LUNCH AND REST PERIODS

16.01 Employees working a four (4) hour shift shall receive a fifteen (15) minute rest

period.

16.02 There shall be one-half('li) hour unpaid lunch period permitted daily (as per present

practice).

ARTICLE 17- CALL-IN PAY

17.01 An employee who is called-in to work outside his/her regularly scheduled hours

shall, whenever there is a break between the employee's regularly scheduled hours and the work


the employee is called-in to do shall be paid a minimum of three (3) hours pay for the afternoon

dietary shift and four (4) hours minimum for any other shift at the employee's regular hourly rate

or time-off in lieu; as per present practice. In all other cases call-in pay will not exceed the normal

duration of the shift.

ARTICLE 18- PROBATIONARY PERIOD

18.01 All employees who work an average of four (4) or more shift per week shall be on

a probationary period for a maximum of sixty ( 60) shifts. All employees who work an average of

three (3) or less shifts per week shall be on a probationary period for a maximum of fifty (50)

shifts.

ARTICLE 19 -JOB POSTING

19.01 Wherever a vacancy occurs within the bargaining unit the Employer shall post on

a bulletin board accessible to all members of the bargaining unit within five (5) working-days a

notice with details of such vacancy. Such notice shall remain posted for seven (7) days.

19.02 In filling job vacancies, including promotions, transfers and new positions the

Employer will consider the requirements and efficiency of operation and the knowledge, training,

skill, ability and physical fitness of the individual to perform the normal required work.

It being understood that qualifications, as defined above, being equal, the employee

with the greatest seniority will be given preference.

The job shall be awarded within fifteen (15) working days of the posting.

19.03 Any openings which become available on the day-shift, present employees in the

bargaining unit shall have the first opportunity to fill these positions.

19.04 Seniority and qualifications shall be the determining factor for change of shifts,

qualifications being equal seniority shall govern.

19.05 Vacancies will be posted in the affected location only.


ARTICLE 20- BEREAVEMENT AND OTHER LEA VE(S)

20.01 Employees who have completed their probationary period who suffer bereavement

within the immediate family circle will be granted three (3) consecutive days' leave of absence

with pay for the purpose of making funeral arrangements or attending the funeral ending the day

of the funeral. Immediate family in such circumstances means: wife or husband, son or daughter,

sister or brother, mother or father, mother-in-law, father-in-law, grandparents, grandchild,

daughter-in-law or son-in-law.

If an employee suffers bereavement within the immediate family circle, as defined

above, out ofprovince and does not attend the funeral, he/she will be granted one (1) days' leave

of absence with pay.

An employee may be required to provide satisfactory proof of death to substantiate

his/her claim.

20.02 This clause shall not apply to any day which is not a regular scheduled work-day.

20.03 In addition to the three (3) days' leave of absence with pay, the Employer will not

unreasonably withhold permission for a further leave of absence without pay.

20.04 Maternity, Adoption and Parental Leave

Maternity, Adoption and Parental Leave as per Employment Standards Act.

ARTICLE 21 - SENIORITY

21.01 Seniority as referred to in this Agreement shall mean, for Full time employees,

length of service in the bargaining unit, dating back to original date of hire, and shall be applied

on a bargaining unit-wide basis, by address.

Seniority for part time employees will be based on hours worked within the work location

in accordance with Article 21.06. Part time seniority will be calculated every six ( 6) months. This

seniority will apply for the preceding six (6) months.

21.02 An employee shall lose his/her seniority and the employee's employment shall be

deemed to be terminated in the following circumstances if:


21.03

(a) the employee voluntarily quits his/her employment with the Employer;

(b) the employee is discharged and is not reinstated through the Grievance or

Arbitration Procedures;

(c) the employee is off work because of lay-off, accident or illness for twelve (12)

months or the length of the employee's seniority, whichever is shorter;

(d) the employee fails to notify the Employer within two (2) working-days that he/she

will report to work after being notified by the Employer to report for work or

subsequently fails to report for work within five (5) working-days after being

notified by the Employer by registered mail to report for work following lay-off

unless a reason satisfactory to the Employer is given;

(e) the employee is absent from work for one (1) day without notifying the Employer,

except in extenuating circumstances;

(f)

(g)

(a)

(b)

the employee accepts other employment during any leave of absence granted by the

Employer.

Uses an approved leave of absence for reasons other than stated.

An employee shall accumulate seniority under any of the following conditions:

when actually at work for the Employer;

when absent on vacation with pay or on approved leave of absence [up to three (3)

months for leave of absence];

(c) during any period when the employee is prevented from performing his/her work

for the Employer by reason of illness, accident and/or injury arising out of and in

the course of his/her employment for the Employer and for which he/she is

receiving compensation under the provisions of the Workplace Safety and

Insurance Act for a period of up to twelve (12) months or the employee's seniority,

whichever is shorter.


21.04 An employee who does not qualify to accumulate seniority under Article 21.03

shall maintain their existing seniority, unless and until the employee loses same pursuant to Article

21.02.

21.05 Employees shall be required to notify the Employer of their current address and

telephone number and of any change to the address or telephone number in the future. The

Employer shall be entitled to rely upon the last address and telephone number furnished to it by an

employee for all purposes.

21.06 Seniority lists shall be provided to the appointed Union Steward(s) and shall be

posted in the work place every six ( 6) months. The Employer agrees to provide the Union with

the combined full-time I part-time I casual seniority list at each geographic location at the

beginning of May and December of each year.

21.07 In the event of lay-offs, and for the purpose of recalling those to work who have

been laid-off, the following factors shall be considered:

(a) seniority;

(b) ability to perform work available.

It is agreed that in circumstances where, between two (2) or more employees, ability

is relatively equal, seniority shall govern.

21.08 Employees returning from sick leave, approved leave of absence, Workers'

Compensation, or maternity leave, will be returned to their former shift and former duties within

one (1) week of returning to work.

21.09 In the event that an employee covered by this Agreement should be promoted to a

supervisory or confidential position beyond the scope of the Agreement, as defined in Article 1 -

Recognition, the employee shall retain his/her accumulated seniority for a twelve (12) month

period from the date of appointment or length of seniority, whichever is shorter. Following the

expiry of the preceding limits the employee's name shall be considered deleted from the seniority

list, except for the purposes of vacation pay percentages.


ARTICLE 22- DISCIPLINE

22.01 Any discipline given to an employee will not be relied upon by the Employer in

further progressive discipline where the employee's disciplinary record has been free of further

discipline for a period of twelve (12) months.

22.02 Right to Have Steward P1·escnt

An employee, who is subject to verbal warnings, or disciplinary action which is to

be recorded within the employee's Personnel File, shall have the right to the presence of a Union

Steward, if the employee so chooses. The employee shall be notified in advance of the purpose of

such meeting. It shall be the responsibility of the employee to contact the Union Steward. A Union

Steward, who is subject to verbal warnings, or disciplinary action which is to be recorded in the

employee's Personnel File, shall have the right to the presence of a Union Representative or an

officially appointed Union Steward. This provision shall not apply to those discussions that are of

an operational nature and do not involve imposition of disciplinary action. Availability must be

within forty-eight ( 48) hours.

ARTICLE 23- NON-DISCRIMINATION

23.01 The Employer agrees that there shall be no discrimination or intimidation by the

Employer or any of its agents against any employee or group of employees because of membership

or non-membership in the Union or for having in good faith processed a grievance.

23.02 There shall be no discrimination against any employee, male or female, because of

race, religious creed, colour, national origin or age.

ARTICLE 24 -MISCELLANEOUS

24.01 No employee covered by this Collective Agreement, shall as a result of the same,

receive, suffer or incur any loss or reduction in wages or any other benefits or conditions of

employment monetary or otherwise.

24.02 The Employer bound by this Collective Agreement, shall not be required to

continue to provide benefits which duplicate any of those benefits provided for and required to be

given by this Collective Agreement.


24.03 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, 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).

ARTICLE 25 -UNION I MANAGEMENT MEETINGS

25.01 The Employer agrees to meet with Representatives of the employees when a request

for such a meeting is made by a full-time Union Representative. Such meetings are to occur within

five (5) working-days of the request being made but, in any event, not more often than one (1)

time per calendar month.

The person or persons representing the Employer at such meetings are to be

Management personnel above the level of those Management personnel normally supervising the

work of the Employees. This clause is understood to be separate and apart from the grievance

provisions. The purpose of this clause is to facilitate an exchange of views on problems or

suggestions to provide for the better functioning of employees in the work place.

25.02 Upon notification by the full-time Union Business Representative, the authorized

agent of the Employer will arrange for access to the job-site which are listed in Article 1 -

"Recognition".

25.03 Health and Safetv

(a) 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 working at locations requiring a facility JHSC must elect a Nova

employee in accordance with the OHSA and participate in the Committee's

activities as per the facility direction.

(c) Employees returning from Sick leave must provide a cleared Treatment

Memorandum report by a medical practitioner to ensure they are physically able to

perform their duties and maintain their safety at work.


ARTICLE 26- DURATION OF AGREEMENT

26.01 This Agreement shall continue in full force and effect from July 1, 2015 until June

30, 2018, inclusive, and thereafter shall be automatically renewed and remain in force from year

to-year from its expiration date, unless, within the period of ninety (90) days before the Agreement

ceases to operate, either party gives notice in writing to the other party of its desire to bargain with

a view to the renewal with or without modifications of the Agreement.

26.02 On receipt of such notice, the parties to the Agreement shall convene a meeting

within fifteen (15) days and bargain in good faith to endeavour to reach an agreement.

"Phil Vinson"

Dated in Toronto, thilf~ay of ~("hots

On behalf of the Union:

7 Suzanne Snow

Bargaining Committee:

"Roberto Lopez"

"Freida Zammer"

"Dina Dylan"

"Margaret Horn"

"Clover Brown"

"Nalini Navaveethan"

"Maria Kozelj"

"Wilfreda Martinez"

"Ali Zammer"

"Lisa Mohammed"

"Gabriel Alvarez"


APPENDIX "A"

ARTICLE 1- WAGES AND CLASSIFICATIONS

1.01 The following wages shall apply to the following classifications during the life of

this Agreement:

Environmental Division- Hourly Rate of Pay

Classification

Group 1 - Light Duty

Cleaners I Laundry (duties

as per present practice)

Group 2 - Heavy Duty

Cleaners (duties as per

present practice)

Group 3-

Handyman/Maintenance

(duties as per present

practice, including carrying

the pager)

1-Jul-15

$14.25

$16.40

$16.80

1-Jul-16 1-Jul-17

$14.40 $14.55

$16.55 $16.70

$16.95 $17.10

The above rate for Handyman includes five cents ($0.05)/hour for the purchase of safety boots.

Light Duty-

Kennedy Lodge (duties as

per present practice)

1-Jul-15

$14.40

1-Jul-16

$14.55

Nova Services Group Inc. {Provincial Long Term Care) (2015-2018)

1-Jul-17

$14.70

Page 23

Dietary Division- Houdy Rate of Pay

Classification 1-Jul-15 1-Jul-16 1-Jul-17

Cook 1 $18.50 $18.65 $18.80

Cook2 $17.90 $18.05 $18.20

Dietary Aide $15.00 $15.15 $15.30

The above rate for Cooks includes an additional five cents ($0.05)/hour in lieu of payment

for Red Seal Test.

1.02

Anyone making above the grid rate for the Dietary Department shall receive the following:

(a)

July 1, 2015

$0.15

Premiums

July 1, 2016

$0.15

July 1, 2017

$0.15

All employees who are scheduled to work the night shift (after 11:00 p.m.) shall

receive a premium of ninety cents ($0.90) per hour over and above their regular

rate-of-pay.

On-Call Premiums

(b) Employees who are assigned by the Employer as the replacement supervisor, shall

be paid a premium of one dollar ($1. 00) per hour for all hours so assigned.

(c) Fenelon Falls - when replacing Supervisor - H.D. Cleaner rate plus one dollar

($1.00) per hour for phone.

(d) Probationary Rate

The probationary rate for all new employees shall be one dollar ($1.00) per hour

less the applicable rate.


1.03 Temporary Transfer

Employees temporarily transferred or directed to perform duties by management of

another classification for a period of more than one ( 1) hour per shift, which may be a lower or

higher rate-of-pay than their classification, shall be paid the higher rate-of-pay for all hours

worked. (Classification to be determined by present job descriptions and job routines.)

Note: This Article does not apply to employees who are regularly scheduled in

two (2) or more classifications or employees who request to work in two (2) or more

classifications.

1.04 Cross-Over

Employees who have posted scheduled work in both Dietary and Housekeeping

departments in the same home shall be entitled to any benefits and privileges afforded by the

Collective Agreement if the combined total number of hours provides them with the required

eligibility.

ARTICLE 2 -HOURS-OF-WORK

2.01 The regular work period shall not exceed eighty-eight (88) hours in a fourteen (14)

day period, Monday through Sunday inclusive. This clause does not guarantee eighty-eight (88)

hours of work in every fourteen (14) day pay period.

Scheduling of hours-of-work and days-off to be as per present practice.

2.02 Overtime at the rate of time and one-half (1 Yz) the employee's individual hourly rate

will be paid for all work performed over eighty-eight (88) hours in a fourteen (14) day period (see

Article 1.02).

ARTICLE 3- RRSP CONTRIBUTION

The Employer agrees to contribute on behalf of each employee in the bargaining

unit starting July 1, 2015, $0.15 per hour to a Group Registered Retirement Savings Plan. July 1,

2016, the amount will increase to $0.30 per hour, July 1, 2017, the amount will increase to $0.45

per hour.

Nova Services Croup Inc. {Provincial Long Term Care) (2015-2018) Page 25

COLLECTIVE AGREEMENT BETWEEN: LiUNA LOCAL …...Nova Services Group Inc. (Provincial Long Term Care) (2015-2018) Page 1 ARTICLE 2 -UNION SECURITY 2.01 The Employer shall, for each

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