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IS AGREEMENT made and entered into this 22nd day of November 2018. BETWEEN: ARTICLE 1 - RECOGNITION GREENBOARD HOLDINGS LTD. 160, 170, 180 &200 Chalkfarm Drive (hereinafter called the "Employer") -and- LIUNA LOCAL 183 OF THE FIRST PART (hereinafter called the "Union") OF THE SECOND PART 1.0 l The Employer recognizes the Union as the sole collective bargaining agent of its own employees of Greenboard Holdings Ltd. employed at 160, 170, 180 and 200 Chalkfarm Drive engaged in building cleaning, grounds-keeping save and except Property Managers, Property Management Office employees, clerical staff and summer students. ARTICLE 2 - UNION SECURITY 2.01 The regular monthly Union dues shall, as a condition of employment, be deducted from and checked-off from the wages of each employee employed in any position within the bargaining unit described in Article l of this Agreement. 2.02 The monthly Union dues shall be equivalent to one-point eight percent (1.83) of each employee's gross monthly earnings and the Employers shall make such deductions from the pay due to the employees and shall forward such deductions to the Secretary/Treasurer of the Union not later than the fifteenth (15 1 h) day 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. Greenboard Holding Ltd. [Dec 1, 20 J 8 lo Nov 30, 2021} Page 1
Transcript
Page 1: 160, 170, 180 &200 Chalkfarm Drive LIUNA LOCAL 183 …...2.02 The monthly Union dues shall be equivalent to one-point eight percent (1.83) of each employee's gross monthly earnings

IS AGREEMENT made and entered into this 22nd day of November 2018.

BETWEEN:

ARTICLE 1 - RECOGNITION

GREENBOARD HOLDINGS LTD. 160, 170, 180 &200 Chalkfarm Drive

(hereinafter called the "Employer")

-and-

LIUNA LOCAL 183

OF THE FIRST PART

(hereinafter called the "Union") OF THE SECOND PART

1.0 l The Employer recognizes the Union as the sole collective bargaining agent

of its own employees of Greenboard Holdings Ltd. employed at 160, 170, 180 and 200

Chalkfarm Drive engaged in building cleaning, grounds-keeping save and except

Property Managers, Property Management Office employees, clerical staff and summer

students.

ARTICLE 2 - UNION SECURITY

2.01 The regular monthly Union dues shall, as a condition of employment, be

deducted from and checked-off from the wages of each employee employed in any

position within the bargaining unit described in Article l of this Agreement.

2.02 The monthly Union dues shall be equivalent to one-point eight percent

(1.83) of each employee's gross monthly earnings and the Employers shall make such

deductions from the pay due to the employees and shall forward such deductions 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.

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.

Greenboard Holding Ltd. [Dec 1, 20 J 8 lo Nov 30, 2021} Page 1

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

from deductions made pursuant to this Article.

2.05 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.

2.06 (a) No employee covered by this Collective Agreement, shall accept any offer

of work, perform tasks or accept payment or gifts from outside contracts or

third parties. This practice shall be grounds for disciplinary action, up to and

including termination.

(b) No employee covered by this Collective Agreement, shall work, advise

consult or participate in any manner with another Company, organization or

entity involved in Property Management.

{c) All employees covered by this Collective Agreement shall report to

management any outside business activity that may conflict with their

employment, duties or responsibilities. These business activities include:

carrying on business as a contractor, general handyman service, cleaning

service or any other business that may be construed as conflict of interest to

the employer.

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. This

clause shall not cover any meeting called or requested by the Union.

Greenboard Holding Ltd. (Dec I, 2018 to Nov 30, 2021) Page 2

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2.08 The Employer agrees to provide the Union upon request an updated list of

employees covered by this Agreement, their classification, employee status and

updated contact information including addresses, phone numbers, etc.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Employer shall have the exclusive functioning option to conduct their

business in all respects in accordance with their 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 reassign 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, provided that a claim by an employee

that he has been classified, transferred, laid-off, discharged, demoted,

suspended or unjustly treated shall be subject to the provisions of the

Grievance and Arbitration Procedure as set out in Articles 4 and 5 of this

Agreement;

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

conduct and procedure for its employees, maintain order, discipline and

efficiency;

3.02 Management will undertake to complete a list of reasonable job

descriptions of all members of the bargaining unit within six (6) months of the completion

Greenboord Holding Ltd. (Dec 1, 2018 lo Nov 30, 2021) Page 3

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of re-negotiation of these Collective Agreements. This list will form a part of the Collective

Agreement.

It is agreed that these functions shall not be exercised in a manner

inconsistent with the express provisions and intent of this Agreement.

3.03 Employer Policies

Employer policies shall be communicated and available to the employees

where applicable.

ARTICLE 4 - GRIEVANCE PROCEDURE

4.01 The immediate attention to complaints and grievances is of the utmost

importance. Properly constituted grievances may be processed through the following

procedures:

Within ten (10) working-days after the alleged grievance incident, the

aggrieved may present the grievance to an immediate Supervisor, either

in writing or orally. Should no settlement satisfactory to the aggrieved be

determined within five (5) working-days, the next step of the Grievance

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

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 ( 10) working-days following, as provided for in Article

5 - Arbitration.

Greenboard Holding Ltd. (Dec 1, 2018 to Nov30, 2021} Page 4

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

overtime, vacation with pay and other monetary items, may be submitted within three

(3) months of such alleged grievance incident.

Satisfactory judgement of such grievances may be retroactive from the first

day of the grievance incident.

4.03 Employees with less than three (3) months' service (probationary

employees) may submit grievances pertaining only to alleged violations of monetary

matters.

4.04 It is herein agreed that immediately upon expiry of any of the time periods

allowed in any of the Steps of the procedure and with no action being taken, the

grievance is considered abandoned.

ARTICLE 5 ~ ARBITRATION

5.01 Any properly constituted grievance concerning the interpretation,

application, administration or alleged violation of this Agreement, which has been

properly processed through all of the Steps of Article 4, but has not been satisfactorily

settled, may be referred to arbitration.

5.02 There shall be three (3) Official Arbitrators selected to serve during the term

of this Agreement. The first three (3) Arbitrators who are to be mutually agreed upon by

the Employer and the Union, in any grievances presented under this Agreement, shall be

the Official Arbitrators. The said three (3) Official Arbitrators shall be utilized on a rotating

basis. If the Official Arbitrator selected on the rotating basis is not able to arbitrate the

grievance within ten ( l 0) working-days of receiving a Notice to Arbitrate, then the

grievance shall be arbitrated by the next Arbitrator on the rotating basis.

The Official Arbitrator shall hold a hearing within the ( l 0) working-days from

the date of receiving a Notice to Arbitrate.

5.03 During the term of this Agreement, should an Official Arbitrator serve notice

of resignation, the Employer and the Union shall meet within ( 10) working-days of such

notice and agree to appoint a replacement Official Arbitrator. Should the Employer and

Greenboard Holding Ltd. (Dec 1, 20 J 8 to Nov 30, 202 l} Page 5

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the Union be unable to agree upon an Official Arbitrator, the Minister of Labour for the

Province of Ontario shall be asked to nominate a replacement Official Arbitrator.

5.04 The Arbitrator shall, upon receiving a Notice to Arbitrate, arrange a hearing

at the earliest date. All concerned parties shall be given a minimum of two (2) full-days'

notice.

5.05 The Arbitrator shall, after hearing all of the evidence and submissions from

all parties concerned, submit a final and binding decision in writing.

Reasons for the decision need not be given at the time of the decision but

shall be provided within a reasonable period of time thereafter.

5.06 The Arbitrator shall be provided with written records containing the details

of the grievance, the section or sections of the Agreement which are alleged to have

been violated and the requested remedy, none of which is subject to change.

5.07 The Arbitrator shall not have the power to alter or change any of the

provisions of this Agreement; or to substitute any new provisions for any existing provisions,

nor to render any decision inconsistent with the terms and provisions of the Agreement.

5.08 Statutory Holidays and Sundays shall be excluded from the times provided

for the various Steps. Time limits may be adjusted, in writing, by agreement of the parties

concerned.

5.09 The Union and the Employer shall equally share any expenses of the

Arbitrator.

ARTICLE 6 - EMPLOYERS' GRIEVANCE 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 grievances may be

submitted to Arbitration in a manner similar to the procedure defined in Article 5 -

Arbitration.

Green board Holding Ltd. (Dec I, 2018 to Nov 30. 2021) Page 6

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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 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, salaries, hours-of-work, job classifications, job

descriptions and working conditions, all of which are an integral part of this

Agreement.

ARTICLE 8 - UNION REPRESENTATION

8.01 Shop Stewards may be appointed as follows:

(a) One (l) Union Steward may be appointed for each building or

complex of buildings having four (4) or more employees who come

within the subject bargaining unit.

(b) Two (2) Union Stewards may be appointed for each building or

complex of buildings having twenty (20) or more employees who

come within the subject bargaining unit.

The Union shall submit to the Employer in writing the names of the Union

Stewards and the building or complexes of buildings in relation to which they have been

appointed Union Steward.

Union Stewards shall, in their specific Job Classification, be the employees

retained the longest in their respective building or complexes of buildings.

8.02 The Union Steward may be present if any discipline is to be given to any

affected employee at the discretion of the Supervisor/Employer.

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8.03 A Business Representative shall be required to advise the Employer's

authorized agent of an intended visit and shall provide Union identification after which

the Employer's authorized agent shall grant to the Business Representative access to any

of the subject buildings or complexes of buildings as the case may be. The Business

Representative shall not interfere with the progress of work during such visit.

8.04 No Individual Agreements

(a) 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.

(b) 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.

8.05 Right to Have 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.

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.

This provision shall not apply to those discussions that are of an operational nature

and do not involve imposition of disciplinary action.

8.06

(a}

Harassment

All employees hove 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.

Greenboard Holding Lid. (Dec I, 2018 to Nov 30, 2021) Page 8

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"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 in compliance with Bill 168 and Bill 132

8.07

(b) If an accusation of this nature is proven false, disciplinary action will be

taken and can lead to termination;

(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.

Employees returning from Sick leave 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.

(b) The Employer shall make provisions for the Occupational Health and Safety

of its employees. The Employer agrees to abide by the laws established in

the Province of Ontario with respect to Occupational Health and Safety.

(c) If the Employer is aware of a bed bug infestation, the Employer agrees to

notify employees of such infestation.

(d) The Employer will provide protective clothing, where necessary, for the

employees use.

ARTICLE 9 ~ PRODUCTIVITY

9.01 The Union and the 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 or

strikes, and the Employer, during the term of this Agreement, shall not cause a lock-out

of its employees.

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ARTICLE 10 - SENIORITY

10.0 l Seniority is defined as the duration of an employee's service with his or her

present Employer. from the date the employee starts to work, and all things being equal,

shall be the determining factor governing order of lay-off and/or recall.

10.02 Seniority shall operate on a basis of Job Classification and within the

Employer's specific building (which is not part of a complex of buildings referred to in

Schedule "A" hereto, as the same may be amended or added to from time-to-time). or

complex of bulldings as the case may be.

10.03 All new employees shall be considered probationary for the first ninety (90)

calendar days of employment, during which time such employee shall have no seniority

rights.

Any days the probationary employee is scheduled to work and does not

work during the probationary period, shall be added to the probationary period.

l 0.04 Seniority shall be retroactive to the first day of employment . after the

probationary period is completed.

l 0.05 Seniority of employees, who have been laid-off and subsequently rehired,

shall be determined by the actual net time on the Employer's payroll, and subject to all

of the conditions of Article l O - Seniority.

10.06 Any employee who has been off the payroll for a continuous period of eight

(8) months or length of employment, whichever is shorter, shall lose all previously

established seniority rights, and if subsequently rehired, shall be considered as a new

employee.

l 0.07 Authorized leaves of absence, sickness and recognized holiday periods

shall not be deducted from an employee's length of service.

10.08 Seniority shall be discontinued if an employee:

(a) voluntarily terminates employment;

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(b) is discharged for reasonable cause and is not reinstated through the

Grievance and Arbitration Procedure;

(c) is absent from work for three (3) consecutive working-days without

proper notice to the Employer; and does not, subsequently, provide

a reason acceptable to the Employer;

(d) fails to report for work within five (5) days after recall by the Employer:

(e) fails to return to work upon termination of an authorized leave of

absence unless a reason satisfactory to the Company is given for

failure to return to work as scheduled. The onus of providing proof is

with the employee;

(f) utilizes an absence for purposes other than those for which the leave

of absence was granted.

ARTICLE 11 - BEREAVEMENT LEAVE

11.01 Bereavement leave of three (3) days with pay shall be granted by the

Employer to an employee subsequent to the death of a parent, spouse, child, brother,

sister, grandmother, grandfather, grandchild, stepmother, stepfather, stepsister,

stepbrother, parent-in-law, aunt or uncle.

Aunt and uncle are limited to two (2) bereavements per year. For

bereavement leave outside of Ontario, employees are allowed to take two (2) additional

unpaid days.

11.02 The Employer may, at its discretion, grant to an employee, a further period

of leave without pay.

11.03 The Employer may request acceptable proof of bereavement prior to any

payment under Article l l .

Greenboard Ho/ding Ltd. (Dec 1, 2018 to Nov 30, 2021) Page 11

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ARTICLE 12 ~STATUTORY HOLIDAYS

12.01 The following Statutory Holidays shall be recognized:

*

New Year's Day Family Day Good Friday Victoria Day Canada Day

Labour Day Thanksgiving Day Christmas Day Boxing Day Civic Holiday Three (3) Floating Days*

Floating Holiday to be taken with thirty (30} days' notice or added to the

employee's annual vacation.

* Qualifier: Floating Days must be requested at least one ( 1} week in

advance and must receive management's written approval.

12.02 The employee must have worked the regular scheduled shift of each of the

working-days immediately preceding and immediately following each of the noted

holidays before qualifying for holiday pay for any of the noted Statutory Holidays. The

noted requirements are not mandatory if an employee is prevented from working by

illness or any other reason acceptable to the Employer.

12.03 Hourly-paid employees shall receive holiday pay equal to a normal day's

pay or equivalent calculated at the employee's regular hourly rate. Salaried employees

shall receive holiday pay equal to their wage for a single working-day calculated on the

basis of the employee's salary. In effect, salaried employees' regular wages shall have

no deductions in the event the employee does not work on the holiday.

12.04 An employee required by an Employer to work any of the above-noted Statutory

Holidays shall be paid as follows:

(a) Hourly-paid employee: at the rate of one and one-half ( l 1h) times

the employee's regular hourly wage for each hour worked;

(b) Salaried employee: at the rate of one and one-half (11h) times the

employee's regular daily wage;

in addition to receiving the specifically defined holiday pay.

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ARTICLE 13 ·VACATION PAY

13.01 Vacation Pay shall be predicated on the length of employment with his or

her present Employer, in accordance with the following:

(a) Employees with less than one (1) year's employment shall receive Vacation

Pay equal to four percent (43) of their total gross wages earned.

{b) Hourly-paid employees with one (1) year or more, but less than four (4) years'

employment, shall receive Vacation Pay equal to five percent (53) of their

total gross wages earned.

Salaried employees with one (1) year or more, but less than four (4) years'

employment, shall receive Vacation Pay equal to two and one-half (21h)

weeks' salary;

(c) Hourly-paid employees with four (4) years' or more, but less than eight (8)

years employment, shall receive Vacation Pay equal to six percent (63) of

their total gross wages earned.

Salaried employees with four (4) years' or more employment, but less than

eight (8) years' employment, shall receive Vacation Pay equal to three (3)

weeks' salary.

(d) Hourly-paid employees with eight (8) years' or more employment shall

receive Vacation Pay equal to eight percent (83) of their total gross wages

earned.

Salaried employees with eight (8) years' or more employment shall receive

Vacation Pay equal to four (4) weeks salary.

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

employees.

13.03 Vacation periods are limited to a maximum of five (5) weeks per calendar

year.

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l 3.04 An employee requiring a Leave of Absence from work, without pay, shall

request the same in writing from the Employer at least three (3) months in advance of the

intended Leave of Absence (except in the case of emergency). Management shall

review the request and give its decision in a timely fashion.

13.05 (a) Hourly-paid employees' Vacation Pay shall be submitted to them on the

pay period following July l st of each calendar year following the date of

the employee's initial employment.

(b) A salaried employee's Vacation Pay shall be paid on the pay-day

immediately preceding the date of the commencement of the salaried

employee's vacation unless the said vacation is to commence at a time

other than during the balance of the week following the pay-day in which

event the Vacation Pay shall be paid in the next pay-day following the

employee's return to work after his vacation.

ARTICLE 14 - WELFARE AND PENSION

14.01 The Employer shall contribute to Local 183 Industrial Benefit Trust Fund as

follows for the purpose of purchasing benefits under Plan "A".

Effective December 1, 2018 ~ $265.00 per month per employee;

Effective December 1, 2019 ~ $275.00 per month per employee;

Effective December 1, 2020 ~ $285.00 per month per employee;

plus applicable taxes, jointly administered by an equal number of Employer and Union

Trustees, for the employees covered by this Agreement represented by LIUNA Local 183.

(a) No contribution shall be made for the month of hire of new employees.

(b) Contribution shall be made for the month of recall of recalled employees.

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(c) New Hires after the date of Ratification shall be eligible for

pension contributions once they have completed the probationary

period.

(d) Employees who are scheduled for more than twenty (20) hours per

week are eligible for benefits.

14.02 The Employer shall contribute to the Labourers' Pension Fund of Central and

Eastern Canada as follows:

Two dollars and fifteen five cents ($2.15) per employee per hour

* effective December 1, 2018;

Two dollars and twenty cents {$2.20) per employee per hour

* effective December 1, 2019;

Two dollars and twenty-five cents ($2.25) per employee per hour

* effective December 1, 2020;

* N.B. This is to be a flat contribution of 150 hours per employee per month.

The same qualification concerning new and recalled employees specified

under Article 14.01 above shall apply.

14.03 The Employer shall remit the contributions referred to in Articles 14.01 and

14.02 no later than the fifteenth ( l 51h) day of the month following the month for which the

contributions were made.

ARTICLE 15 - PAYMENT OF WAGES

15.01 Wages shall be paid by direct deposit to each employee. The Employer

shall provide with the wages a statement which defines hours worked, overtime hours,

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

Canada Pension.

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If an Employer intends to change the payroll system, two (2) months' notice

will be given prior to implementation. Employees shall be paid weekly, bi-weekly or semi­

monthly whatever the Employer's present practice may be.

15.02 (i)

15.02 (ii)

In the event of an intended lay-off, the affected employee shall

receive notice in accordance with the Employment Standards Act,

with the exception of Resident Superintendents as defined in Article

1.

Article 15.02 (i) does not apply to Resident Superintendents as

defined in Article 1, who shall receive a minimum of fifteen ( 15)

calendar days' notice. If given payment in lieu of notice, the

Resident Superintendent will have seven (7) days to vacate. These

seven (7) days free of charge on the premises will be gratuitous.

15.03 The Employer shall, by the next pay period after discharging an employee,

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.

15.04 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.

15.05 Pay Stubs

The Employer agrees to allow the employees access to the office computer

in order to print out his/her pay stub.

ARTICLE 16 - JURY SERVICE

16.01 Employees who are called to serve as Jurors shall be granted leave of

absence and paid regular wages less pay received for jury duty with wages to be

received for a period not exceeding one ( 1) month .

16.02 Each employee se1ving such jury duty shall be required to provide to the

Employer satisfactory proof of such duty being served.

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ARTICLE 17 - PROTECTIVE CLOTHING

17.01 The Employer will provide protective clothing and safety boots where

necessary, for the employee's use.

17.02 The Employer shall supply five (5) uniforms per year to all employees of

the bargaining unit.

17.03 The Employer shall contribute up to two hundred and fifty dollars ($250.00)

per contract year. The employer to provide a coupon to each employee who has twelve

(12) months service or more who is required by the Employer to wear approved safety

footwear. The employee shall provide the Employer with a receipt of purchase prior to

re-imbursement. The wearing of the safety footwear shall be a condition of

employment.

17.04 The Employer shall provide to any employee who is required to work

outside, his/her own pair of winter overalls, personal winter coat, winter boots and

gloves.

ARTICLE 18 - STAFF CHANGES

18.01 Whenever a vacancy of a permanent nature occurs within the bargaining

unit, the Employer shall post in the place of employment, a notice setting forth details of

such vacancy. Employees applying for such vacancy shall make application to the

Employer, in writing, within two (2) working-days after the noted posting. Applications will

be considered on the basis of the applicants' skills, abilities and qualifications and seniority

shall be the governing factor should applicants be relatively equal in all other respects.

The Employer may fill the vacancy at its discretion, should no applicants be considered

suitable. The Employer may fill the vacancy temporarily, pending the consideration of

employee's applications. The Employer may consider any applicant ineligible should

such applicant have successfully applied under similar procedure, within the six (6)

months preceding the date of posting.

18.02 Employees unable to perform their customary or traditional work, owing to

age or infirmity, shall be given consideration, at the discretion of the Employer, for work

within such employee's capabilities and qualifications.

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ARTICLE 19 - LUNCH AND REST PERIODS

19.01 There shall be one (l) paid ten (10) minute rest period for each half (112) shift

worked.

Employees wishing to leave the worksite during a workday on a break must

request same of management in advance of break.

19 .02 There shall be one-half (112) hour unpaid lunch period permitted daily.

ARTICLE 20 - CALL-OUT. REPORTING ALLOWANCE AND OVERTIME

20.01 An hourly-paid employee who:

(a) has completed a regular shift and is requested to continue into overtime

work shall be paid at one and one-half (1112) times his regular rate;

(b) has been called-out to report for work on other than a regular work shift

shall be paid at one and one-half (11h) times the regular hourly rate for each

hour worked.

It being understood that the employee shall be paid a minimum of four (4)

hours' pay for such call out at straight-time rate, whichever is the greater, if that employee

in fact worked or is predisposed by the Employer.

20.02 A salaried employee, resident in the building, who is directed to report to

work on other than the regular scheduled shift sh~ll be paid at one and one-half (1112)

times the regular pro- rated weekly salary. Further, notwithstanding the above, the

Employer and employee concerned may, by mutual agreement, arrange for other time­

off in lieu of the above.

ARTICLE 21 - LAY-OFF AND RECALL

21.01 In the event of a lay-off within a classification, employees within the

classification shall be laid-off in the reverse order of their seniority within the classification.

21.02 The Employer shall notify employees who are to be laid- off five (5) working-

days prior to the effective date of lay-off, or award pay in lieu thereof, unless a greater

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period of notice is required by legislation, in which case such greater period of notice, or

pay in lieu thereof, shall be given.

21.03 In the event of a recall to a classification, employees who have been laid­

off from that classification shall be recalled in the order of their seniority within the

classification provided they have the ability to perform the job following a trial or training

period. The Employer shall give notice of recall by registered mail to the last recorded

address of the employee. The employee shall keep the Employer advised of all times of

his current address by registered mail.

21.04 Laid-off employees who wish to be notified of job vacancies in a

classification other than the classification from which they were laid-off and to which they

would otherwise have no recall rights, may signify their desire in writing prior to lay-off and

shall be entitled to apply for such jobs. A copy of the employee's request shall be given

to the Employer and shall be sent to the Union.

21.05 No new employee shall be hired in a classification until the opportunity of

recall has first been given to those employees to whom Article 21.03 applies and has,

secondly, been given to employees to whom Article 21 .04 applies.

21.06 Union Officers and Stewards shall be the last persons laid-off and the first

persons recalled.

ARTICLE 22 - SICK PAY

22.01 Employees shall be entitled to nine (9) paid sick days per calendar year.

ARTICLE 23 • MISCELLANEOUS

23.01 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.

23.02 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.

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ARTICLE 24 ~ DURATION OF AGREEMENT

24.01 This Agreement shall continue in full force and effect from December ist,

2018 to and until November 301h, 2021 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 notifications of the Agreement. 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.

ARTICLE 25 - DISCIPLINE & DISCHARGE

25.01 Personnel File An employee shall have the right to request that any disciplinary action

including, but not limited to, warnings and suspensions be removed from the Personnel

File after twelve (12) months has expired, provided that:

(a) No discipline is received for a period of twelve (12) months;

(b) The misconduct did not involve a violation of law or an issue constituting

breach of trust.

An employee or Union Representative, with the employee's written

authority, shall be entitled to view the employee's Personnel File once every twelve (12)

months and access to the employees Personnel File shall be provided within fourteen ( 14)

calendar days of the request. The viewing of such files shall take place at the Employer's

Human Resources Office.

ARTICLE 26 - RETIREMENT FUND

26.0l The Employer agrees to contribute the amounts set out bellow for each

employee covered by this Agreement and remit into the Local 183 Retiree Benefit Trust

Fund for the purpose of purchasing benefits as contemplated by the Agreement and

Trust establishing the said Retiree Benefit Fund as follows:

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Effective December 1, 2018 - $0. l 0 per hour per employee

Effective December 1, 2019 - $0.15 per hour per employee

Effective December 1, 2020 - $0.20 per hour per employee

The Employer shall remit the deducted contributions to the Retiree Benefit

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

(Jsth) day of the month following the month for which the payment is due.

*N.B. This is to be a flat contribution of 150 hours per employee per month

+"h DATED at Toronto, Ontario, this lL.f day of January 2019.

1 n c..,.

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APPENDIX "A"

I. Resident Superintendents Schedule

*****WILL CONTACT UNION TO NEGOTIATE RATE WHEN THEY FILL IN THE POSITION:

200-249 Suites

Beginner 3 Months l Year 4 Years

250-349 Suites

Beginner 3 Months l Year 4 Years *

350 Suites and Over

Beginner 3 Months l Year 4 Years

Dec_ 1/18

$2,636.50 $2,774.12 $2,914.64 $3,010.25

$2,811.77 $2,952.31 $3,091.39 $3, 188.43

$2,943.62 $3,084.14 $3,217.51 $3,321.72

* The rates of employees with four (4) years' service or more with his or her Employer,

may be increased up to an additional forty dollars ($40.00) per month for merit, as

determined by the Employer.

IL Resident Superintendent and Assistant Superintendent

Work-week shall be from Sunday to Saturday, with the Resident

Superintendent/ Assistant Resident Superintendent getting two (2) days-off from 8:00 a.m.

to 7:59 a.m. the next morning, of which there shall be at least one ( l) weekend-off, i.e.:

Saturday and Sunday, within each four (4) week pay period or monthly pay period as

the case may be. The scheduling of days-off shall be by mutual agreement between

the Employer and the employee.

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Determination of the above shall be by mutual agreement between the

Employer and employee. The full one ( 1) day-off only may be accumulated to a

maximum of two (2) days for any one (1) occurrence.

The above are minimum allowances for time-off which shall not prevent

other arrangements to be made between the Resident Superintendent and the

Employer.

The Employer will undertake a program to familiarize tenants in the buildings

with the rules and regulations pertaining to the working conditions of the Resident

Superintendent.

Determination of work schedule shall be in the absolute discretion of the

Employer.

The Employer will attempt to familiarize owners in the Employer's premises

of the work schedule.

Ill. Common Conditions for All Resident Superintendents

1. One 2-bedroom apartment with telephone and one (1) underground

parking space shall be provided without direct charge; however,

subject to the provisions of The Income Tax Act, as it relates to taxable

benefits; and is included exclusively as part remuneration for the

position of Resident Superintendent.

2.

conditions:

Said 2-bedroom apartment need not be provided under the following

(i) where a given building is without 2-bedroom apartments;

(ii) where alternate office facilities have been provided for the Resident

Superintendent;

(iii) where a precedent for other accommodation has been previously

established.

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3. An alternate parking space shall be provided if a given building is without

underground parking.

4. A Resident Superintendent's spouse shall neither be required by an

Employer to perform any bargaining unit work nor shall he or she, as the case may be,

perform such work at any time except as follows:

(i) by mutual agreement of the Employer and such spouse in which

event the subject Collective Agreement shall in all respects apply to

the said spouse and the work performed by him or her;

(ii) a Resident Superintendent's spouse may, at the request of such

Resident Superintendent and with the mutual consent of

Management, substitute for the said Resident Superintendent in the

performance of any part of the said Superintendent's normal and

regular duties. In the event the Resident Superintendent's spouse

substitutes for the said Superintendent as aforesaid then the subject

Collective Agreement shall not apply while spouse is performing

such work.

5. Assistant Resident Superintendents, where employed, shall be paid

according to the following schedule:

(i) in buildings containing 56 - 119 suites, the Resident Superintendent's

schedule less twenty-five dollars ($25.00) per month;

(ii) in buildings containing 200 or more suites, the Resident

Superintendent's schedule less forty dollars ($40.00) per month.

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APPENDIX 11 811

I. Cleaners' and Housekeepers' Schedule

The Employers shall pay to cleaners and housekeepers the following hourly

rates-of-pay:

Dec 1 /2018 Decl/2019 Dec 1/2020

Cleaner $19 .58 $20.16 $20.77 Based on 33 increase per year

Working Supervisors are to be paid by category plus seventy-five cents

{$0.75) per hour more.

All staff on probation for the first three (3) months are to be paid by

category less twenty-five cents ($0.25) per hour.

MERIT VARIANCE APPLICABLE ONLY TO CLEANERS

I. Employees for the balance of the contract may be paid a merit increase

of up to twenty cents ($0.20) per hour.

The Union shall have the right to submit recommendations to the Employer

for merit increases, all subject to Article 3.01 (d) of the subject Collective Agreement.

II. Employees working less than nineteen ( 19) hours per week or less will not be

part of the bargaining unit.

Ill. The regular work-week shall be forty (40) hours and the regular working-day

shall not exceed eight (8) hours. The work-week shall be any five (5) days out of six (6).

Work for Sunday shall be at the rate of one and one-half ( 11h) times the regular rate-of­

pay.

IV. (a) CLEANER: Those employees who do, among other things, the following

types of work: local snow removal, heavy washing of floors, garbage

removal, etc.

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I.

APPENDIX "C"

General Outside Ground Maintenance Schedule

The Employers shall pay wages as follows:

******WILL CONTACT UNION TO NEGOTIATE RATE WHEN THEY FILL THE POSITION*****

Landscape Gardener

Landscaper

Helper

Dec.1. 2018

$25.04

$18.99

$18.25

II. The regular work-week shall be forty-four (44) hours from Monday to Friday

and the regular working day shall not exceed nine (9) hours. The Employer will allow

"make-up" time because of inclement weather during a regular work-week on a Saturday

at regular pay. Students employed between May pt and September 301h shall not be

covered by the subject Collective Agreement.

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BETWEEN

APPENDIX "D"

LETTER OF UNDERSTANDING

UUNA LOCAL 183

-and-

GREENBOARD HOLDINGS LTD.

160, 170 180 & 200 Chalkfarm Drive

(the ''Union")

(the "Employer")

The Union and the Employer agree that the Employer continues to be entitled to contract

out bargaining unit work at its discretion. However, the Employer will not contract out

work which is normally performed by members of the bargaining unit if such contracting

out will result in layoff or reduction of hours of work being performed by the bargaining

unit as a result of the contracting out. It is also understood and agreed that there shall

be no less than eight (8) bargaining unit members employed by the Employer to perform

bargaining unit work so long as there is sufficient bargaining unit work to be performed

at the workplace.

Dated this 2~th day of January 2019.

FOR T~HE NION

e..-.e-- -----~ ---

Jnc.- .

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APPENDIX "E"

LETTER OF UNDERSTANDING

BETWEEN

LIUNA LOCAL 183

(the "Union")

-and-

GREENBOARD HOLDINGS LTD.

(the "Employer")

Re: Sunday Work

All parties agree that this Letter of Understanding will form part of the Collective

Agreement as Appendix "E" between Greenboard Holdings Ltd. {the "Employer") and

LIUNA Local 183 (the "Union") effective from December 1, 2018 to November 301h, 2021

and continuing thereafter {the "Collective Agreement");

The Union and the Employer agree that Sunday work will continue as per past practice, such that any hours worked on Sunday are paid at straight time in accordance with the employee's current hourly wage.

Dated this 2.4+"' day of January 2019.

J 11c.


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