COLLECTIVE AGREEMENT - Ontario and Waste... · 2.03 There shall be no discrimination, intimidation...

COLLECTIVE AGREEMENT

BETWEEN:

BRISTOL ROAD- LABOURERS' LOCAL 183 NON-PROFIT HOMES INC. 1455 & 1475 Bristol Rd West, Mississauga, On

(hereinafter called "the Employer")

- and -

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

Effective Date:

Expiry Date:

September 1, 2016

August 31, 2019

1455 & 1475 Bristol Rd West, Mississauga (2016-2019)

(hereinafter called "the Union")

Page 1

TABLE OF CONTENTS

ARTICLE 1 -SCOPE AND RECOGNITION ...... .... .. .... ........................... .... ... .. ... ........... .. .. ... .... .... .... ....... 3

ARTICLE 2 -RELATIONSHIP ..................... ... .. .. ........ .. ....... .. .................. .... ........ ... .................... .. .... ...... .. 3

ARTICLE 3 -MANAGEMENT RIGHTS .. .. .. .. ............... ......... ........ .. ... ..... .... ........... ............... .. ........ ........ 4

ARTICLE 4- PROBATIONARY PERIOD .............................. .. ................... .. ........ .. ................................. 5

ARTICLE 5- EMPLOYEE RECORDS ......... .. .......... .. ... ..... .... .. ................ ............... .. ........ .. .... .. .. .... .. ... .. .... 5

ARTICLE 6- SENIORITY .... .. .. ... ....... .. .. .. ............ ... ... .. ........ ... ............. ........ ...... .. .. .. ... ... ... ... .... .. ........ .... .. . 5

ARTICLE 7- UNION SECURITY ................................... .... ...... .. .... ... .. ..... .. .... .... ...... .. ...... .. ........... ....... ... . 6

ARTICLE 8- UNION REPRESENTATION .. .... .. .. .......... .. .. ...... .. .......... ... ................... .. ....... ..... .. .... .. .. ..... . 7

ARTICLE 9 - GRIEVANE PROCESS AND ARBITRATION .............. .. .... .... .. ... ...... .. .. .... ............ ... .. ... ... 7

ARTICLE 10- HOURS-OF-WORK AND OVERTIME ............. ........... .. ......... ........ .... .... ..... .. .. ............. 10

ARTICLE 11 - MEAL AND REST PERIODS .. .... ... .......... .. ... ... .. .............. ........... .......... ... .............. ........ 11

ARTICLE 12 -PAYMENT OF WAGES AND BENEFITS .......... .. ...... .. ..... .... .. ...... ...... .. ..... ................ .. .. 12

ARTICLE 13 -HOLIDAYS ...... ........... .. ......................... ..... .. ........ .... .. .... ....... ... .... ..... ..... ..... ....... ... ......... . 12

ARTICLE 14- VACATION PAY .. ........ .. ................. ... .. .... .. .. .. .................. ... .... ....... ........ .... .. ........ .... .... .. 13

ARTICLE 15 - LEAVES OF ABSENCE ............... .. .............................. .... ..... .. .......... ............ .. .. .... .. .. .. .. .. 14

ARTICLE 16- JOB POSTINGS ..... ... .......................... .................... .. ....... ... .... ............. .... .. ..... .... ...... ... .... 14

ARTICLE 17- LAYOFF-RECALL AND TRANSFERS .................. ..... .... ... .. .. .. .. .... ...... ... .... .. .... .. .. .. ...... 15

ARTICLE 18- HEALTH AND SAFETY ............................................... ... ... .... .... .. .. .... .... .. ...... ... ............. 16

ARTICLE 19- UNIFORMS AND PROCTECTIVE CLOTHING ......... ... ... .. .... ... ..... ... ... ..... ... ... .. ....... .... 16

ARTICLE 20- MISCELLENOUS ... .... .................. .......... .... ......... ... .. .. ... .. ...... .. .... ................... .. .. .. .... .. .. ... 17

ARTICLE 21- DURATION OF AGREEMENT ......................................................... .. .. ... .. .. .. .. .............. 17

APPENDIX A-CLASSIFICATIONS, WAGES AND DISTINCT CONDITIONS .... .. ........ .. .. .. ....... ... .. 18

APPENDIX B- EXTENDED BENEFITS ... ... .... .... .. .. .. .. .... .. ...................... .. ... .. .... .... ... ............... ... .. ... .. ... 20

1455 & 1475 Brisrol Rd Wesr. Mississauga (2016-20/9) Page 2

PREAMBLE

The Employer and the Union are desirous of entering into a Collective Agreement for the purpose

of providing orderly collective bargaining relations between the Employer and its employees

covered by the Agreement through the Union, to secure prompt and fair disposition of grievances,

to secure the efficient operation of the Employer's business without interruption or interference

with work and to provide fair wages, hours and working conditions for the employees. It is

recognized by this Agreement to be the duty of the Employer, the Union and the employees to co

operate fully, individually and collectively for the advancement of the said conditions.

ARTICLE 1 - SCOPE AND RECOGNITION

1.01 The Employer recognizes the Union as the sole bargaining agent for all employees

in the bargaining unit of Bristol Road - Labourers' Local 183 Non-Profit Homes Inc. at 1455 and

1475 Bristol Road West, Mississauga, Ontario, including Resident Superintendents, save and

except the Property Manager, persons above the rank of Property Manager, office and clerical

staff.

1.02 No Individual 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.

ARTICLE 2 -RELATIONSHIP

2.01 The Union and the Employer recognize the mutual value of improving by all proper

and reasonable means, the productivity of individual workers and both will undertake individually

and jointly to promote such increased productivity.

2.02 During the lifetime of this Agreement, the Union agrees there will be no strike,

slowdown or picketing, and the Employer agrees that it will not cause a lock-out. The Employer

shall have the right to discharge or otherwise discipline employees who take part in or instigate

any strike, picketing or slowdown.

1455 & 1475 Bristol Rd West. Mississauga (2016-2019) Page 3

2.03 There shall be no discrimination, intimidation or coercion by the Employer or the

Union or its members against anyone.

ARTICLE 3 -MANAGEMENT RIGHTS

3.01 The Union recognizes and acknowledges that the management of the Employer's

operations and direction of the working forces are fixed exclusively in the Employer and without

limiting the generality of the foregoing; the Union acknowledges that it is the exclusive function

of the Employer to:

a) maintain order, discipline and efficiency and in connection therewith to make, alter

and enforce from time-to-time, rules and regulations, policies and practices to be

observed by its employees, discipline or discharge employees for just cause;

b) select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall or

retire employees, select employees for positions excluded from the bargaining unit;

c) establish and administer reasonable tests for the purpose of assisting the Employer

in detennining an employee's qualifications;

d) determine the location of the operations, and their expansion or their curtailment,

the direction of working forces, the schedules of operations, the number of shifts;

job content; the establishment of work or job assignments; change, combine or

abolish job classifications; detennine the qualifications of an employee to perform

any particular job; decide on the number of employees needed by the Employer at

any time, the number of hours to be worked, starting and quitting times, when

overtime shall be worked and require employees to work overtime.

3.02 The Employer agrees that it will not exercise its functions in a manner inconsistent

with the provisions of this Agreement.

3.03 The exercise of any of the above rights may be the subject matter of a grievance

and/or arbitration as provided for in this Agreement. Students shall be excluded from the

bargaining unit during the months of May to September.


3.04 No employee covered by this Agreement shall be laid-off, reclassified or suffer a

monetary loss as a result of the contracting-out of bargaining unit work.

3.05 EmpJover PoJicies

Employer policies shall be communicated and available to the employees where applicable.

ARTICLE 4- PROBATIONARY PERIOD

4.01 New employees shall serve a probationary period of ninety (90) days worked before

acquiring seniority rights which shall then date back to their respective date of starting to work

with the Employer. Probationary employees may be discharged without cause and without

entitling the employee to recourse to the Grievance Procedure. Days not worked due to any

absence whatsoever shall not count towards the completion of the probationary period.

ARTICLE 5- EMPLOYEE RECORDS

5.01 Employees personnel records shall be made available for review by the employees

and/or their Union representative, upon proper request.

ARTICLE 6- SENIORITY

6.01

6.02

6.03

a)

Seniority means the length of service of an employee with the Employer.

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

while he is at work for the Employer after he has completed his probationary period

as set out in Article 4.01.

b) during any period when he is prevented from perfonning his work for the Employer

by reason of injury arising out of and in the course of his employment for the

Employer for which he is receiving compensation under the provisions of the

Workplace Safety and Insurance Act. [Refer to 6.03, particularly 6.03 (f)].

c) during the first ninety (90) days of any absence due to illness or Jay-off.

Seniority once established for an employee shall be forfeited and the employee's

employment shall be deemed to be tenninated under the following conditions:

1455 & 1475 Bristol Rd West, Mississauga (2016-2019) Page 5

a) if he voluntarily quits;

b) if he is discharged for cause and not reinstated through the Grievance Procedure;

c) if he fails to report for duty after a lay-off or leave of absence in accordance with

the provisions of this Agreement;

d) iftwelve (12) months have elapsed from the day oflay-off;

e) if he is absent from work for more than two (2) scheduled working-days without

notifying the Employer, unless in the circumstances it was impossible for the

employee to give notice to the Employer, or

f) if for a period of twelve (12) calendar months, if for any reason other than 6.03 (b)

he unable to perform his duties.

ARTICLE 7 - UNION SECURITY

7.01 The regular monthly 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 2 of this Agreement.

7.02 The monthly Union dues shall be equivalent to one point eight percent (1.8%) of

each employee's gross monthly earnings and the Employer 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.

7.03 The Employers 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.

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

deductions made pursuant to this Article.

1455 & 1475 Bris10f Rd Wesr. Mississauga (2016-2019) Page 6

ARTICLE 8- UNION REPRESENTATION

8.01

8.02

a) It is agreed that a Shop Steward may be appointed by the Union.

b) The Union shall be required to notify the Employer of the name of the Steward in

writing.

The Union Steward shall be the last person laid-off and the first recalled by

classification provided he can do the job.

8.03 The Union acknowledges that the Steward has regular duties to perform as an

employee of the Employer. Union business will not be transacted during regular working-hours.

8.04 The Business Representative of the Union shall have access to the premises of the

Employer during working-hours, but in no case shall his visit interfere with the progress of the

work. When visiting the Employer's premises, he will first advise and identify himself to the

supervisory personnel of the Employer.

ARTICLE 9 - GRIEVANCE PROCESS AND ARBITRATION

9.01 The purpose of this Article is to establish a procedure for the settlement of

gnevances.

9.02 An employee who has a complaint relating to the interpretation, application,

administration or alleged violation of this Agreement may discuss his complaint with his

Supervisor. Such complaint shall be brought to the attention of the Supervisor within three (3)

working-days of the incident giving rise to the complaint. The Supervisor shall state his decision

verbally within three (3) working-days of receiving the complaint.

Step 1 Should the employee be dissatisfied with the Supervisor's disposition of the

complaint, he may with the assistance of his Representative, refer such matter

on a written grievance fonn to the Operations Manager who shall answer the

grievance within three (3) working-days . The complaint shall constitute a formal

grievance at Step 1 and shall be filed within three (3) working-days or receipt of

the reply of the Operations Manager to the complaint.

1455 & 1475 Bristol Rd West, Mississa11ga (2016-2019) Page 7

Step 2

Step 3

Step 4

9.04

The grievance shall specify the Article or Articles and sub-sections of the

Agreement of which a violation is alleged, contain a precise statement of the

facts relied upon, indicate the relief sought and be signed by the employee or

employees.

If no settlement is reached at Step 1, the employee in question and the Trade

Union Representative shall meet with the Representatives of the Employer

within five (5) working-days of receipt of the reply of the Operations Manager

to discuss the grievance.

Should the employee be dissatisfied with the disposition of the grievance at Step

2, it may be referred to mediation.

Should the employee be dissatisfied with the disposition of grievance at Step 2,

it may be referred to arbitration as hereinafter provided.

The Union or the Employer may initiate a grievance beginning at Step 2 of the

Grievance Procedure. Such grievance shall be filed within ten (1 0) working-days of the incident

giving rise to the complaint and be in the form prescribed in Step 1. Any such grievance may be

referred to arbitration under this Article by either the Union or the Employer in the case of an

Employer grievance. The Union may not institute a grievance directly affecting an employee or

employees when such employee or employees could themselves institute and the regular

Grievance Procedure shall not thereby be bypassed.

9.05 Any complaint or grievance which is not commenced or processed through the next

stage of the Grievance and Arbitration Procedure within the time specified shall be deemed to have

been dropped. However, time limits specified in the Grievance Procedure may be extended by

mutual agreement in writing between the Employer and the Union.

9.06 DISCHARGE & SUSPENSION CASES

An employee who has completed his probationary period and is discharged shall be given a

reasonable opportunity to telephone his Business Representative at the Union Office before

leaving the Employer's premises.

1455 & 1475 Brislol Rd Wesl. Mississauga (2016-2019) Page 8

a) An employee who has completed his probationary period and is discharged or

suspended for more than three (3) working days may file a grievance at Step 2 of the

Grievance Procedure within five (5) working-days after such discharge or suspension.

An employee suspended for three (3) working-days or less shall take up his grievance

at Step 1.

b) Where a grievance which is filed under Article 9.06 a) is not settled and duly comes

before an Arbitration Board, the Board may make a ruling, subject to this Article by;

i) confinning the Employer's action;

ii) reinstating the employee with or without compensation for regular time lost

(except for the amount of any remuneration or compensation the employee has

received from any other source pending the disposition of this case); or

iii) disposing of the grievance in any other manner which may be just and equitable.

9.07 ARBITRATION

Where a difference anses between the parties relating to the interpretation,

application or administration of this Agreement, including any question as to whether a matter is

arbitrational, or where an allegation is made that this Agreement has been violated, either party

may after exhausting any Grievance Procedure established by this Agreement, notify the other in

writing of its desire to submit the difference or allegation to arbitration.

The notice shall contain the name of the party's appointee to an Arbitration Board

and shall be delivered to the other within five (5) working-days of the reply under Step 2. The

recipient party shall within five (5) working-days, advise the other of the name of its appointee to

the Arbitration Board.

a) The two (2) appointees so selected shall within fifteen ( 15) working-days of the

appointment of second of them, or a time mutually agreed upon, appoint a third

person who shall be the Chairman. If the recipient party fails to appoint an

Arbitrator, or if the two (2) appointees fail to agree upon a Chairman, within the

time limited, the appointment shall be made by the Minister of Labour upon the


request of either party. The Arbitration Board shall hear and detennine the

difference of allegation and shall issue a decision and the decision shall be final and

binding upon the parties and upon any employee affected by it. The decision of a

majority shall be the decision of the Arbitration Board, but if there is no majority,

the decision of the Chairman shall govern.

b) No person may be appointed as an Arbitrator who has been involved in an attempt

to negotiate or settle the grievance.

c) Each of the parties hereto will bear the expense of an Arbitrator appointed by it

and the parties will jointly share the expenses of the Chainnan of the Arbitration

Board, if any.

d) The Board of Arbitration 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.

e) In detennining the time which is allowed in the various steps, Sundays and

Statutory Holidays shall be excluded and any time limited may be extended by

agreement in writing.

f) Both parties may agree to a single Arbitrator.

ARTICLE 10- HOURS-OF-WORK AND OVERTIME

10.01 The regular work-week for Superintendents shall consist of forty ( 40) hours worked

on any five (5) days, Sunday to Saturday inclusive.

10.02 Overtime

A Superintendent resident in the building who is directed to report to work in other

than the regular scheduled shift shall be paid at one and one-half (1 'li) times the regular pro-rated

salary. Further, notwithstanding the above, the Employer and employee concerned may, by mutual

agreement, arrange for other time-off in lieu of the above.

1455 & 1475 Bristol Rd West, Mississnuga (2016-2019) Page 10

It shall be deemed that the Superintendent has been directed to report to work after

his regular shift for the following emergency situations:

a) flood, other than those which a tenant can stop

b) total loss of power in a unit

c) total loss ofheat in a unit

d) fire or fire alann, false or not

e) personal injuries in common areas

f) garage door malfunctions

g) plugged garbage chutes

h) loss of domestic hot water

i) elevator malfunctions

j) any other emergency which would potentially endanger life or result in damages to

the property.

All emergencies attended to by the Superintendent are to be reported to the

Operations Manager on the following day.

If the Superintendent is called-out to report for work on other than a regular shift,

he shall be paid one and one-half (1 Vl) times the regular hourly rate or time in lieu, for all time

spent responding to an emergency.

10.03 Superintendents are to be on-call on their nonnal evening-off, when the other

Superintendent is on vacation or off sick, as part of their nonnal duties. Any other arrangements

to be approved by the Employer.

ARTICLE 11-MEAL AND REST PERIODS

11.01 There will be one (1) paid fifteen (15) minute rest period for each half ( ~) shift

worked. There will be one-half (Y2) hour lunch rest pennitted daily without pay.


ARTICLE 12- PAYMENT OF WAGES AND BENEFITS

12.01 Attached to this Agreement are Appendices which specifically sets forth and

defines hourly rates, salaries, job classifications, working conditions and benefits all of which are

an integral part of this Agreement.

ARTICLE 13- HOLIDAYS

13.01 The following shall be recognized as holidays to be paid for on the basis of the

employee's regular daily scheduled hours at the straight-time hourly rate specified in this

Agreement:

New Year's Day

Family Day

Good Friday

Canada Day

Civic Holiday

2 Floating Days

Labour Day

Thanksgiving Day

Victoria Day

Christmas Day

Boxing Day

To book the Floating Days, the employee must provide the company with a

minimum of four weeks' notice. Floating days are to be taken on a day by mutual consent of the

company and the employee.

13.02 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.

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

Holidays shall be paid as follows:

a) Hourly-paid employees: at the rate of one and one-half (1 Y2) times the employee's

regular hourly wage for each hour worked.


b) Sala1·ied employees: at the rate of one and one-half (1 Y2) times the employee's

regular daily wage.

13.04 Employees employed on a continuous basis may by mutual consent between the

Employer and the employee, have such Statutory Holidays added to their vacation period or

receive other mutually agreed upon time-off periods in lieu of Statutory Holidays.

ARTICLE 14- VACATION PAY

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

Employer, in accordance with the following:

a) The employee is entitled to three (3) weeks of paid vacation during the first three

(3) years of employment.

b) After three (3) years employment, the employee is entitled to four (4) weeks paid

vacation.

c) After ten (1 0) years employment, the employee is entitled to five (5) weeks paid

vacation.

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

employees. Unused vacation to be cashable.

14.03 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

period (except in cases of emergency). Management shall review the request and give its decision

in a timely fashion .

14.04 a) Hourly-paid employees' Vacation Pay shall be submitted to them on the pay period

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

employment.

b) A salaried employee's Vacation Pay shall be paid when the said employee takes

his/her vacation.


ARTICLE 15- LEAVES OF ABSENCE

15.01 Jury Duty

An employee who has successfully completed the probationary period and who is

required, and reports for jury duty in any court of law, shall not lose pay at his regular straight

time hourly rate, for all regularly scheduled hours which the employee would otherwise have

worked because of such attendance provided the employee:

a) informs the Employer immediately upon being notified that the employee will be

required to attend court;

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

c) deposits with the Employer the full amount of compensation received for such jury

duty, excluding mileage, travelling and meal allowances and an official receipt

thereof; and

d) notwithstanding the above provisions, in order to qualify for payment hereunder,

the employee will report to the Employer for work during those regular hours-of

work or assignment that he is not required to attend court.

15.02 Bereavement Leave

Bereavement leave of three (3) days with pay will be granted by the Employer upon the death of

a parent, spouse, child, brother, sister, brother-in-law, sister-in-law, grandparents, grandchild, step

children or parent-in-law, conditional upon the employee attending the funeral or memorial

service.

a) Prior to payment for Bereavement Pay the Employer may ask for acceptable proof

of the employee's claim. Payment is not due under this clause if the employee is

receiving pay under any other Article of the Agreement, or if the employee is not

scheduled for active duty.

ARTICLE 16- JOB POSTINGS

16.01 Whenever a vacancy of a pennanent nature occurs within the bargaining unit, the

Employer shall post in the place of employment, a notice setting forth details of such vacancy.

1455 & 14 7 5 Brisrol Rd Wesr. Mississnuga (20 16-2019) Page 14

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 applicant's 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 immediately preceding the

date of posting.

16.02 Employees unable to perform their customary or traditional work, owing to age or

infinnity, shall be given consideration, at the discretion of the Employer, for work within such

employee's capabilities and qualifications.

ARTICLE 17- LAY-OFF, RECALL AND TRANSFERS

17.01 The Employer will consider the requirements and efficiency of operations and the

knowledge, training, skill and ability of the individual to perfonn the nonnal required work in

detennining which employee is to be laid-off or recalled from lay-off and where these are relatively

equal, the employee with the greatest seniority will be the last to be laid-off and conversely the

first to be recalled from lay-off.

17.02 When recalling an employee after lay-off, he shall· be notified, by registered mail,

telephone or any other reasonable method, and allowed seventy-two (72) hours to report for work,

and in the meantime, if an employee is recalled and is not immediately available for work, other

employees in seniority standing shall be recalled but shall be temporarily employed until the senior

employee reports within the seventy-two (72) hour period as outlined. An employee to whom a

registered letter or telephone is sent in accordance with this Article must contact the Operations


Manager within seventy-two (72) hours of the notice of return to work ifhe wishes the Employer

to hold the job open for him for the full seventy-two (72) hour period. It shall be the employee's

responsibility to keep the Employer notified as to any change of his address or telephone number

so that they will be up to date at all times.

17.03 The Employer shall notify employees who are to be laid-off as required by

legislation, or pay in lieu thereof, shall be given.

17.04 No ne'~' employees shall be hired until those laid-off have been given the

opportunity of recall. Laid-off employees who wish to be notified of job vacancies, other than

those to which they have 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 employee

and sent to the Union.

ARTICLE 18 - HEALTH AND SAFETY

18.01 The Employer and the Union agree that they mutually desire to maintain high

standards of safety and health in the Employer's operation in order to prevent industrial injury and

illness. Therefore, the Employer, the Union and the employees will co-operate in the prevention

of accidents and enforcement of safety rules in the Employer's operation.

ARTICLE 19- UNIFORMS AND PROTECTIVE CLOTHING

19.01 The Employer will supply unifonns, which must be worn at all times, to all

employees in the bargaining unit. It is the employee's responsibility to clean unifonns regularly.

An employee, who is required to work outside in inclement weather on a regular basis, will be

supplied with a winter coat, and gloves.

Upon leaving employment, all employees are required to return all unifonns to the company failing

which the full cost of the unifonns will be deducted from the employee's final pay.

Footwear

The Employer is to provide appropriate footwear and replace same when required,

at no cost to the bargaining unit members. Re-imbursement capped at one hundred dollars

($1 00.00) per year, upon presentation of a proper receipt.


19.02 It is understood that uniforms, coats and footwear are the property of the Employer

and must be returned upon termination or severing of employment.

Boots and uniforms must be worn during working-hours.

ARTICLE 20 - MISCELLENEOUS

25.01 Severability clause

Should any part of this Agreement or any provision herein contained be rendered

or declared invalid by reason of any existing or subsequently enacted Provincial or Federal

legislation, or by decision of the Ontario Labour Relations Board such invalidation of such party

or provision of this Agreement shall not invalidate the remaining party of provisions thereof,

provided, however, that upon such invalidation the parties shall meet within thit1y (30) days to

attempt to mutually agree to amending the parts of provisions affected.

The remaining parts or provisions shall remain in full force and effect.

ARTICLE 21 -DURATION OF AGREEMENT

21.01 This Agreement shall continue in full force and effect from September 15\ 2016, up

to and until August 31 5\ 2019, 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.

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.

DATED at Toronto, Ontario, this J. ~ day of '2017.

THE EMPLOYER FOR THE UNION

~. <<WZ.. tJ.~ry l ~11 1


APPEND IX "A"

CLASSIFICATIONS, WAGES AND DISTINCT CONDITIONS

SALARIED EMPLOYEES:

Classification Effective Effective Effective

Sept. 1/16 Sept. 1/17 Sept. 1/17 Resident Superintendent $60,492.41 $62,004.72 $63,554.84

Resident Superintendents Schedule and Common Conditions:

1. The normal work shift for Resident Superintendent shall be eight (8) working-hours per

day, exclusive of meal periods.

2. The normal hours-of-work for Resident Superintendent shall be forty ( 40) hours per week,

exclusive of meal periods and the work-week shall be from Sunday to Saturday.

3. As part of their normal duties the Resident Superintendent will be required to make

themselves available and be on-call for evening duties and shall receive time and one-half

(1 ~)for all time spent responding to a call-out or time in lieu of. [One (1) Superintendent

is to be on-call.]

4. The Resident Superintendent shall be entitled to four ( 4) days-off each two (2) week period,

with a minimum of every other weekend-off.

5. The Superintendent will be provided with a two (2) bedroom apartment unit, with basic

telephone and one (1) 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 pmi remuneration for the position of Resident Superintendent.

John Moore shall remain in his current townhouse. Should, John Moore leave the

employment at Bristol Road, the first paragraph will be applicable to any new hire.

1455 & 1475 Bristol Rei West, Mississauga (2016-2019) Page 18

6. 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:

a) by mutual agreement of the Employer, and such spouse in which event the subject

Collective Agreement shall be in all respects apply to the said spouse and the work

performed by him or her;

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

Superintendent, substitute for the said Resident Superintendent in the performance

of any pa11 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 the spouse is

performing such work.

7. It is understood that upon tennination of employment, the apartment must be vacated in

accordance with the Landlord and Tenant Act.

HOURLY PAID EMPLOYEES:

Classification Effective Effective Effective

Sept. 1/16 Sept. 1/17 Sept. 1/17 Cleaner $17.11 $17.54 $17.98

1. The nonnal hours-of-work for the cleaner shall be forty ( 40) hours per week, exclusive of

meal periods and the work-week shall be from Sunday to Saturday.

1455 & 1475 Bristol Rd West, Mississauga (20/6-2019) Page 19

1.01

APPENDIX "B"

EXTENDED BENEFITS

PAID SICK LEAVE

Employees are entitled to one ( 1) sick day per month, accumulative if not used to a

maximum of twelve (12) per calendar year and any unused sick time shall be paid-out at the time

the employee received his annual vacation pay.

1.02 HEALTH AND WELFARE

The Employer agrees to contribute for those employees who have completed

probation and who are scheduled to work more than twenty (20) hours per week are in the employ

of the Employer, into Local 183 Industrial Benefit Fund, jointly administered by an equal number

of Employer and Union Trustees, for the purpose of purchasing weekly indemnity, life insurance,

major medical or similar benefits for the employees covered by this Agreement, represented by

Local 183, Labourers' International Union ofNorth America, as follows:

Effective Aprill/17 -Two hundred sixty dollars ($260.00) per month plus taxes;

Effective Sept.l/17- Two hundred and sixty-five dollars ($265.00) per month plus taxes;

Effective Sept.l/18 - Two hundred and seventy dollars ($270.00) per month plus taxes,

Explanation: (July 15th remittance provides benefit coverage August 1st.)

1.03 PENSION PLAN

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

Eastern Canada for employees who have completed probation, based on a flat fee of one hundred

and fifty (150) hours per month;

Effective Sept 1, 2016- two dollars and fifty-five cents ($2.55) per employee per hour

Effective Sept 1, 2017 - two dollars and sixty cents ($2.60) per employee per hour

Effective Sept 1, 2018- two dollars and sixty-five cents ($2.65) per employee per hour.


It is understood that the Employer shall not be constituted to be an insurer nor shall it have any

liability other than making the payment as aforesaid to the said trust fund and that the Union agrees

to indemnify and save harmless the Company against any or all claims which may be made against

it in respect of any claim by an employee for the insurance coverage provided for herein.

The Employer shall remit the contributions referred to in 1.02 and 1.03 not later than the fifteenth

(15t11) day ofthe month prior to benefit coverage taking effect.


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