/

COLLECTIVE AGREEMENT

BETWEEN

660910 ONTARIO LTD. C.O.B. as CLOVER CATERING

AND

Unit No. 75

FILE No.

CERT. FILE

CERl DATE 1

""~LE EMPS -------1

F'MLE EMPS

TOTAL EMPS ft./2 EFF. MTE () i ~ Pttl (1 •• q !J EXP. MTE j I <JfJ L;> lf0Ud· COOING CONTROL

IDENT CODEQ?.;i?

SUB. PROVS COOED

SERVICE EMPLOYEES INTERNATIONAL UNION Local 204

A.F. of L.- C.I.O.- C.L.C.

FULL AND PART-TIME SERVICE

EFFECTIVE: AUGUST 1, 1997

EXPIRY: JULY 31, 2002

ARTICLE

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

INDEX

PAGE

Preamble. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. 01 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 No Discrimination and No Sexual Harassment ........ 2 4. 01 No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. 03 No Intimidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Management Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6.01 Recognition of Management Rights ............. 4 Assistance, Access, Records ....................... 5 7.01 Assistance of the Union ...................... 5 7T02 AGcess to Personnel File ..... ···'······ ...... 5 7. 03 Removal of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Article 8 Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8.01 work of the Bargaining Unit .................. 6

Article 9 Union Stewards & Committees ....................... 6 9.04 Recognition of Union Stewards and Grievance Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9. 05 Name of Steward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9.06 Labour-Management Committee Meeting .......... 7 9.07 Union Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Article 10 Grievance Procedure ............................... 8

Article 11

Article 12

Article 13 Article 14

Article 15

Article 16

Article 17

Article 18

10.01 Complaint ................................... 8 10. 05 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10.06 Grievance Procedure ......................... 9 Union Policy Grievance ............................ 10 Arbitration ........................................ 10 Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Loss of Seniority ................................. 13 Job Posting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Hours of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Leaves of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18. 04 Bereavement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18.06 Jury Duty ................................... 17 18.06 Union Leave ................................. 18

Article 19 Layoffs & Recalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Article 20 Bulletin Boards ................................... 19 Article 21 General Conditions 19

21.01 Retirement Age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21.02 Health and Safety ........................... 19

Article 22 Health and Welfare ................................ 20 Article 23 Vacations ......................................... 21

23.01 Vacation Year ............................... 21 23.02 Vacation Request ............................ 21 23.03 Vacation Entitlement ........................ 21

Article 24 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 24.01 Paid Holidays ............................... 22

Article 25 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Article 26 Seniority ......................................... 24 Article 27 Part-time Employees ............................... 24 Article 28 Duration and Termination .......................... 25

Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Appendix " A" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Wage Grid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

THIS AGREEMENT, DATED, THE 1ST DAY OF MARCH, 1999

BETWEEN:

660910 ONTARIO LTD. C.O.B. AS CLOVER CATERING

(hereinafter called the " Employer"

OF THE FIRST PART

- AND -

SERVICE EMPLOYEES INTERNATIONAL UNION, & LOCAL 204

(hereinafter called the " Union"

OF THE SECOND PART

ARTICLE 1 - PREAMBLE

1.01 It is the purpose of both parties to this Agreement:

(a) To maintain harmonious relations between the Employer and its employees;

(b) To recognize the value of joint discussions and negotiations;

(c) To encourage efficiency in operations;

(d) To provide a mechanism for the amicable adjustment of grievances which may arise.

1. 02 The employees will endeavour to work together with the Employer to assure the best possible service to the Employer's clients.

ARTICLE 2 - RECOGNITION

2.01 The Employer agrees to recognize the Service Employees International Union, Local 204 affiliated with the S.E.I.U., A.F. of L., C.I.O., C.L.C. as the sole and exclusive bargaining agent for all employees of 660910 Ontario Limited, c.o.b. as Clover

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Catering at Brookside and Hilltop Retirement Homes in the Regional Municipality of York, save and except supervisors, persons above the rank of supervisors and office and clerical staff.

ARTICLE 3 - DEFINITIONS

3.01 Definitions

(a) The term " full-time employee" in this Agreement shall mean a person who is scheduled and actually works at least forty-eight (48) hours in a two (2) week pay period by the Employer, and whose name appears on the full-time seniority lists.

(b) The term " part-time employee" in this Agreement shall mean a person who actually worked less than forty eight (48) hours in a two (2) week pay period.

(c) Call-in work shall not be included in determining the number of hours actually worked in 3. 01 (a) and (b), above.

3. 02 The word " Employee" in this agreement shall mean the employees of the Employer for whom the Union is the bargaining agent.

3. 03 Wherever the word " Administrator" is used in this Agreement, it shall be considered as meaning the Administrator or their designate.

ARTICLE 4 - NO DISCRIMINATION AND NO SEXUAL HARASSMENT

4.01 No Discrimination

The Employer and discrimination against

the an

Union agree that employee covered

there will be no by this Agreement

because status, 17 and permit

of race, creed, colour, ancestry, place of origin 25 of the Ontario Human discrimination on the

circumstances) .

sex, sexual orientation, marital and handicap (subject to sections Rights Code,R.S.O., 1990, which

basis of handicap in some

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ARTICLE 5 - UNION SECURITY

5. 01 The Employer shall deduct an amount equivalent to regular monthly Union Dues for the term of this Agreement according to the following conditions:

(a) All employees covered by the Agreement shall, as a condition of employment, have deducted from their pay each month an amount equivalent to the regular monthly Union Dues.

(b) New employees covered by the Agreement shall, as a condition of their employment, have deducted from their pay each month an amount equivalent to the regular monthly Union Dues.

(c) Union Dues will be deducted from the employee's pay on the first pay period in each calendar month and the same shall be remitted by the Employer to the Secretary­Treasurer of the Local Union if possible by the 25th of the month, but no later than the end of the month. The Union agrees to keep the Employer harmless and indemnified from any claim against it by an employee which arises out of any deduction under this Article.

(d) The Employer, when forwarding Union Dues, will submit a list indicating the names of those employees for whom deductions have been made as well as the names and dates of hire of those employees hired in the preceding month.

5.02 The Employer shall include the amount of Union Dues deducted on T4 slips.

5.03 No Intimidation

The Employer and the Union agree that there shall be no intimidation, restraint or coercion exercised or practice with respect to any employee by reason of his/her membership or activity or non-membership or lack of activity in the Union.

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ARTICLE 6 - MANAGEMENT RIGHTS

6.01 Recognition of Management Rights

The Union recognizes and acknowledges that all management rights and prerogatives and the direction of the working forces, and the management of the Employer's enterprise, are vested exclusively with the Employer and without limiting the generality of the foregoing the exclusive functions of the Employer shall include the following:

(a) to operate and manage its business in every and in all respects;

(b) to maintain order, discipline, efficiency amongst its employees and in connection therewith to establish and enforce rules, regulations policies and practices from time to time;

(c) to select, hire, transfer, lay-off, recall, promote, demote, classify, assign duties, discharge, suspend, or otherwise discipline employees for just cause, provided that a claim that an employee who has been discharged or disciplined without just cause (except in the case of probationary employees to whom article 13.01 applies) may be the subject of a grievance and dealt with as hereinafter provided: to determine whether vacancies exist and to hire persons to fill vacant positions or newly created positions;

(d) to have the right to plan, direct and control the work of the employees, the operations of the Employer, and the schedules and procedures of work. This includes the right to introduce new methods, the materials or goods to be used, including the method of operating and control of those materials and goods, facilities, machinery, technology, and equipment, and to direct and control the amount of supervision necessary, to combine or split up of departments, or classifications, or work locations, work schedules, and to increase or reduce personnel in any particular area, or in the whole, and the number of employees required for the Employer's purposes and to reduce or increase normal hours of work per day or per week and to establish starting and quitting times; to assign employees to shifts as required; to determine the starting and quitting times;

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(e) to determine the number of shifts, job content and requirements, quality standards, the qualifications of employees; to select and retain employees for positions excluded from the bargaining unit;

(f) to establish standards of service; to amend or modify standards; to determine new methods to be used; to determine the requirements of a job and the qualifications of an employee to perform the work required.

6.02 The Employer will exercise its management rights in accordance with the Collective Agreement.

6. 03 Failure by the Employer to exercise any of its management rights shall not be considered as abandonment of any such rights.

ARTICLE 7 - ASSISTANCE, ACCESS, RECORDS

7.0l Assistance of the Union

The Union shall have representatives of the Service representatives of the SEIU, Employer.

7.02 Access to Personnel File

the right to assistance from Employees International Union and/or

Local 204 when meeting with the

An Employee may request, in writing, an opportunity to view his/her personnel file in the presence of his/her Supervisor or delegated representative. The request shall be made a reasonable time in advance of the review. The information the employee may review will be his/her application form, any written evaluation or formal disciplinary notations or incident reports in the file.

7.03 Removal of Record

Any letter of reprimand will be removed from an employee's record after a period of twenty-four (24) months actually worked, and any record of suspension will be removed from an employee's record after twenty-four (24) months actually worked, provided there is no subsequent discipline on the employee's record within the aforementioned time periods.

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ARTICLE 8 - RELATIONSHIP

8.01 Work of the Bargaining Unit

Management or supervisory personnel shall not work in any jobs which are included in the bargaining unit, except as part of their duties established through past practice, provided that the performance of the aforementioned duties do not result in the layoff of an employee in the bargaining unit.

ARTICLE 9 - UNION STEWARDS AND COMMITTEES

9.01 The Employer acknowledges the right of the union to elect a Union Grievance Committee which shall be composed of not more than two (2) Stewards.

(a) The Union acknowledges that the Union Stewards and Chief Steward have, and must continue to perform, their regular duties and responsibilities for the Employer and that as far as possible, all activities of the Chief Steward and Union Stewards must be carried on outside of their scheduled working hours, unless otherwise mutually arranged between the parties.

(b) Stewards shall not leave their regular working duties without first obtaining permission from their immediate supervisor to do so. Such permission shall not be unreasonably denied unless it interferes with the efficient operations of the Employer.

(c) Should a Steward be granted permission to leave their regular working duties, such permission shall be granted under the following conditions:

(i) one (1) Steward shall be given time off at any given period of time and the time off shall be devoted to the prompt handling of a grievance;

(ii) the Employer reserves the right to limit such time if it deems the time taken to be excessive;

(iii) when resuming his or her regular duties and responsibilities, such Steward shall again report to his or her immediate Supervisor;

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(iv) during the granted time off, the Stewards shall not suffer any loss of regular pay for time lost from their regular scheduled working hours.

9.03 The Employer acknowledges the right of the Union to appoint or otherwise elect a Negotiating Committee of not more than two (2) employees and will recognize and deal with said committee. A representative of the Union may participate in such negotiations if request to do so by either party. Any representative of said negotiating Committee who is in the employ of the Employer shall have the right to attend negotiations for the renewal of this Agreement up to and including conciliation.

9.04 Recognition of Union Stewards and Grievance Committee

There shall be two (2) Union Stewards, one of which shall be the Chief Steward, for the bargaining unit. Subject to article 9.02, the Union Steward shall be entitled to represent any employee at grievance and/or complaint procedure meetings. The Steward may assist any employee who the Steward represents, in preparing and presenting a grievance in accordance with the grievance procedure.

9.05 Name of Steward

The Union shall notify the Employer in writing of the time of the Steward .before the Employer shall be required to recognize same.

9.06 Labour-Management Committee Meeting

The following shall apply:

An equal number of representatives of each party as mutually agreed shall meet at a time and place mutually satisfactory to both parties. A request for a meeting hereunder will be made in writing prior to the date proposed and accompanied by an agenda of matters that are to be discussed, which shall not include matters that are properly the subject of grievances or negotiations for the amendment or renewal of the Agreement.

Any representative(s) attending such meeting during their regularly scheduled hours of work shall not lose regular earnings as a result of such attendance.

Such meetings shall be held quarterly, or more often, by mutual agreement of the parties.

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9.07 Union Activity

No employee shall conduct Union activities during working hours other than as specifically permitted by this Agreement or with permission of the Management of the Employer.

ARTICLE lO - GRIEVANCE PROCEDURE

lO.Ol Complaint

It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she has first given the Employer an opportunity to adjust his/her complaint.

10.02 If an employee has any complaint or question which he/she wishes to discuss, he/she shall first take the matter up with his/her immediate supervisor within two (2) days after the circumstances giving rise to the complaint or question has originated or occurred.

10.03 If such complaint or question is not settled to the satisfaction of the employee concerned, within a period of twenty­four (24) hours following the advice of the immediate supervisor's decision, or within such longer period as may be mutually agreed upon at the time, then the steps of the grievance procedure may be invoked.

10.04 Should differences arise between the Employer and an employee as to the interpretation or application or alleged violation of this Agreement, work shall continue as directed by the Employer and an effort shall be made to settle such difference in accordance with the following grievance procedure.

10.05 Intent

It is the intent of this grievance procedure to provide for the successful administration of this Agreement by providing the sole and exclusive procedure to be utilized by a grievor for the prompt discussion and final binding settlement of any grievance, without stoppage of work, arising from the interpretation, application, administration or alleged violation of this Agreement.

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10.06 Grievance Procedure

All grievances shall be taken up in the following manner:

Step No. 1

An employee having a grievance shall submit the grievance in writing to his/her immediate supervisor within five (5) days of the actual occurrence giving rise to the grievance. The supervisor shall reply to the grievance in writing three (3) days from the day it was submitted.

Step No. 2

If further action is then to be taken, then within three (3) days after the decision is given in Step No. 1, the employee, who may request the assistance of a Steward shall refer the grievance in writing to the Administrator or his/her designate. A meeting will then be held between the Department Manager and his/her designated representative may have such counsel and assistance as he/she may desire and that the employee may have his/her Union Representative present at the request of either the employee or the Employer. The decision of the Department Manager or his/her designated representative shall be given in writing within three (3) days following the meeting.

Step No. 3

Should the Administrator or his/her designated representative fail to render a written decision as required in Step No. 2 or failing settlement of any grievance, the grievance may be referred to arbitration by either the Employer of the Union. If no written request for arbitration is received as required by this Agreement, within seven (7) days after the decision under Step No. 2 is given or within fifteen (15) days following the meeting under Step No. 2 of the grievance procedure, the grievance shall be deemed to have been settled and abandoned and the same grievance shall not be made the subject matter of a further grievance.

10.07 At each step of the grievance procedure, the grievor shall have the right to be present. At no time may an employee or group of employees file a grievance on behalf of another employee.

10. 08 In determining the time within which any action is to be taken or completed under the terms of this Agrement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays.

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10.09 When a grievance is submitted in writing by an employee or the Union, it shall be accompanied by a written statement which shall clearly set forth the nature of the grievance, the parties involved, the remedies sought and the specified provisions of the collective agreement that are alleged to have been violated.

10.10 No matter may be submitted to arbitration which has not been properly carried through all steps of the grievance procedure.

10.11 No employee or Steward shall leave his/her work for any of the purposes mentioned in this Agreement without notice to, and permission from, his/her supervisor, manager, or the Administrator, as the case may be. Such permission will not be unreasonably withheld having regard to the Employer's operation.

10.12 The time limits set out in this Article are to be construed as mandatory, unless extended by the mutual written consent of the parties. If a grievance is not submitted or advanced through the grievance procedure or to arbitration within the time limits set out, the grievance shall be deemed to be abandoned and all rights or recourse to the grievance procedure should be at an end.

ARTICLE 11 - UNION POLICY GRIEVANCE

11.01 The Union may institute a grievance, consisting of an allegation of a general misinterpretation or a violation by the Employer of this Agreement, in writing at Step No. 2 of the grievance procedure, providing that it is presented within five (5) working days after the circumstances giving rise to the grievance having originated or occurred. However, it is expressly understood that the provisions of this clause may not be used to institute a grievance directly affecting an employee or employees which such employee or employees could themselves initiate and the regular grievance procedure shall not be thereby by-passed.

ARTICLE 12 - ARBITRATION

12.01 When either party requests that a grievance be submitted to Arbitration, the request shall be in writing, addressed to the other party to the grievance, and shall contain the name and address of the party's nominee to the Board of Arbitration. The recipient of the notice shall within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two nominees so nominated shall endeavour, within ten (10) days after

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the appointment of the second of them to agree upon a third person to act as chairman of the Board or Arbitration. If the nominees are unable to agree upon the third person as chairman within ten (10) days after the appointment of the second of them, then either party may request the Minister of Labour to appoint the third member and chairman of the Board of Arbitration. Notice of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed the date of service.

12. 02 No person may be involved in an attempt grievance concerned.

appointed as an Arbitrator who has been to negotiate or settle the particular

12.03 Each of the parties shall pay its own expenses including pay for witnesses and the expense of its own nominee and one half of the expenses and fees of the chairman.

12.04 Where it appears that two (2) or more employees have the same grievance, the Union shall process the grievances simultaneously and consecutively on all levels of the grievance procedure, subject to all applicable provisions under the grievance procedure, and the grievers will be listed on the grievance form.

12. 05 If there should be an accumulation of grievances to be referred to arbitration of a similar nature, one Board of Arbitration shall be constituted to deal with all such grievance disputes.

12.06 The Board of Arbitration shall have authority only to determine disputes under the term of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only those grievances as defined in Article 10.05 shall be arbitrable.

12.07 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision that is inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.

12.08 All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union, and its representatives, will be final and binding upon the employer, the Union and the employee(s) involved.

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12.09 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance.

12.10 At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee(s) as a witness, and all reasonable arrangements will be made to permit the conferring parties of the Board of Arbitration to have access to any part of the Employer's premises to view by and working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Employer.

12.11 The parties may agree to the use of a sole arbitrator and the provisions of this Article shall then apply with any appropriate revisions.

12.12 The Employer shall have the rights of grievance as the Union, and in this regard the following procedure shall apply.

(a) In the event the employer has a grievance, the Administrator or his/her designate shall file said grievance in writing with the Union, who shall then confer with the Administrator or his/her designate within seven (7) days of the receipt of such grievance.

(b) In the event that the Union does not provide redress satisfactory to the Employer, the Administrator or his/her designate may process the grievance to arbitration and the provisions of Article 10.06 (step 3) shall apply in this regard with any necessary changes.

(c) It is understood and agreed by the parties that with respect to any grievance referred to arbitration by the employer, the provisions of Article 12 shall apply with the necessary changes.

ARTICLE 13 - PROBATION

13. 01 A newly hired employee shall be known as a probationary employee until he/she has actually worked and successfully completed a period of hour hundred and fifty (450) hours of work. The discipline or discharge of a probationary employee shall be deemed to be for just cause and shall be neither grievable or arbitrable.

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13.02 On or before the expiry of the initial probationary period, the Employer will confirm to the employee the decision to:

(a) Confirm his/her appointment as having completed his/her probation; or

(b) Terminate the employee.

13.03 Notwithstanding anything herein contained, it is hereby agreed that there is no right of recall for probationary employees who are laid off.

13.04 An employee will establish seniority once he/she has completed his/her probationary period and shall be credited with four hundred and fifty (450) hours upon completion of said probationary period.

ARTICLE 14 - LOSS OF SENIORITY

14.01 An employee shall lose all seniority and shall be deemed to have quit the employ of the Employer and the employment of the employee shall be deemed to have been terminated without further notice for any of the following reasons:

(a) resignation;

(b) retires or is retires;

(c) discharged for just cause;

(d) lay-off of a full-time employee in excess of fifteen (15) months or when a part-time employee who has not been scheduled to work for a period or twelve (12) months (unless on an Employer Approved leave of absence) ;

(e) absence from work for three (3) consecutive working days without notifying the Employer, unless a reasonable explanation is provided to the Employer;

(f) failure by a full-time employee to notify the Employer of an intention to return to work within twenty-four (24) hours of being notified of recall by registered mail or by telephone or failure to return to work within five (5) calendar days after being notified of recall by registered mail or by telephone. Registered mail sent to

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the full-time employee's most recent home address on his/her employment file shall be interpreted as proper notice and leaving a telephone message at such employee's residence will also constitute proper notice. For purposes of recall it shall be the responsibility of the full-time employee to keep the Employer informed of his/her current address and telephone number;

(g) leaving the Employer's premises during regular working hours (not including meal breaks or rest periods) without the permission of the employee's immediate supervisor;

(h) failure to report for work as scheduled at the end of a leave of absence, vacation, or suspension, unless a reasonable explanation is given by the employee to the Employer;

(i) engages in gainful employment without authorization while on approved leave of absence;

(j) is absent from work for fifteen (15) months due to illness or accident.

ARTICLE 15 - JOB POSTING

15.01 In the event that a permanent full-time bargaining unit job vacancy occurs the Employer will have the option to postpone or not fill the permanent vacancy, or to consolidate the vacant position with another position within the Business. In the event the Employer wishes to fill the permanent vacant position (as vacated), the Employer will, where operationally feasible, post the position for a period of seven (7) days before an employee from outside the Business is hired. Until the vacancy is filled resulting from the job posting, the Employer may fill the vacant position in any way it sees fit.

15.02 Employees who wish to apply for a posted position must submit an application in writing to the Employer within the seven (7) day period referred to in Article 15.01.

In filling postings under Article 15.01, the Employer shall consider the qualifications, experience, and ability of the applicants to perform the work efficiently. Where these factors are equal, the applicant with the greatest seniority shall be the one selected to fill the vacancy. If the applicants are not

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qualified to perform the work required, the Employer reserves the right to immediately hire whomever it chooses.

15.03 A successful applicant will undergo a trial period for a period of time which is equivalent to the probation period as calculated in this Agreement.

15.04 The successful applicant shall become permanent at the end of the trial period unless:

(a) the employee, at any time within the trial period, feels that he/she is not suitable for the position, and wishes to return to his/her former position; or

(b) the Employer, at any time within the trial period, feels that the employee is not suitable for the position and requires that he/she return to his/her former position.

(c) in the event of either (a) or (b) above, the employee will return to his/her former position. Any other employee transferred as a result of the rearrangement of positions shall also be returned to his/her former position.

15.05 A temporary vacancy is a vacancy which is not expected to exceed six (6) months. However, in cases of pregnancy leave and parental leave, the entire length of the absence shall be considered as a temporary vacancy.

Temporary vacancies whose duration is expected to be in excess of eight (8) weeks, and when the Employer chooses to fill such vacancy, shall be posted for seven (7) calendar days and will be filled in accordance with Article 15.01.

ARTICLE 16 - HOURS OF WORK

16. 01 It is understood that this Article is intended only to provide the basis of a work week for bargaining unit employees but shall not be interpreted as a guarantee of normal hours of work per day, or normal days of work per week, nor shall this paragraph be interpreted as a guarantee that normal hours of work will not be increased or decreased if found due regard for its operations, employee's working schedule(s).

necessary by the Employer having nor is it a guarantee of any

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16.02 The normal work week for regular full-time employees will be up to forty-four (44) hours per week exclusive of meal periods.

16.03 The normal weekly hours is referred to for the purposes of computing overtime only.

16.04 Each employee will be allowed rest periods of fifteen (15) minutes during the first four (4) hours and the second four (4) hours of their shift at such time and place as designated by their Supervisor.

16.05 All time worked will be recorded by Employees who will record starting and quitting times in a manner as designated by the Employer.

ARTICLE 17 - OVERTIME

17.01 manner:

Overtime shall be calculated and paid in the following

(i) In the event that an employee is authorized to and works more than seven and one-half (7 M hours) consecutive hours on any day that they are scheduled to work, they shall be paid at the rate of time and one-half (1 M) their straight-time hourly rate for all hours worked in excess of seven and one-half (7 M) .

(ii) Other than when an employee works in excess of seven and one-half (7 M) consecutive hours as set out in (i) above, they shall only be paid at the overtime rate for those hours worked in excess of eighty-two and one-half (82 M) in a bi-weekly period.

17.02 The overtime rate shall be time and one-half ( 1 M) the employee's straight-time hourly rate. There shall be no pyramiding of overtime or premium hourly rates or any benefits payable under this Agreement (i.e. overtime and paid holiday premium, etc).

ARTICLE 18 - LEAVES OF ABSENCE

18.01 The Employer shall have the discretion to grant leave of absence without pay for legitimate reasons, provided only, that the Employer receives at least three (3) weeks advance notice in writing (except in case of emergency) and provided that such leave

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may be arranged without undue inconvenience to the normal operations of the Employer and such discretion shall not be unreasonably exercised. Applicants when applying must indicate the reason for the leave of absence, the date of departure and specify the date of return. The Employer will reply to the request in writing.

18.02 No employee will accumulate seniority, vacation allowance, be paid for holidays, nor will any other benefits in this Agreement accrue or be paid while the employee is on leave of absence, but seniority and other accumulated credits established at the point of leave will be reinstated upon return to work.

18. 03 The Employer will comply with the Employment Standards Act with respect to parental leave.

18.04 Bereavement

requirements of maternity leave

the and

(a) Upon the death of a full-time employee's spouse, child, parent, sister, or brother, the employee shall be granted leave, up to a maximum of three (3) days without loss of pay ending the 2nd day after the funeral.

(b) It is agreed that this leave is to apply only where the full-time employee is in attendance at the funeral and pay for such days of absence is limited to the days actually missed from work as per the employee's scheduled working days.

(c) A full-time employee will not be eligible to receive payment under the terms of Bereavement Leave for any period in which he/she is receiving payments for holiday pay or vacation.

18.05 Jury Duty

When an employee is required to serve on a jury, he/she shall be relieved of his/her duties for such time as may be required. It is the employee's responsibility to come in to work at any time during the week that he/she is not actually required for jury duty. The employee shall notify the Employer immediately on receiving notification and provide proof of service requiring his/her attendance.

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18.06 Union Leave

(a) The Employer may grant leave of absence without pay to employees to attend Union conventions, seminars, education classes or other Union business provided that such leave will not interfere with the efficient operations of the Employer. The Union must give at least twenty-one (21) days clear notice in writing to the Employer in making application for the leave of absence for Union business. It is understood the leave of absence shall be granted to only one (1) employee at a time for not longer than one (1) week period and be requested on no more than two (2) occasions in one (1) calendar year.

(b) Employees who are on leave of absence will not engage in gainful employment while on such leave. If an employee does engage in gainful employment while on such leave of absence, he will forfeit all seniority rights and privileges contained in this Agreement and will be subject to discharge.

ARTICLE 19 - LAYOFFS AND RECALL

19.01 No new employee will be hired until those laid off have been given the opportunity of recall to employment.

19.02 The Employer shall notify employees who are to be laid off ten (10) working days before the layoff is to effective. If the employee laid off has not had the opportunity to work ten (10) full days after notice of layoff, he/she shall be paid in lieu of work for that part of ten (10) days, for which they were scheduled to work, during which work was not made available. No such notice is required for layoff resulting from matters beyond the control of the Employer defined to include fire, flood and Acts of God.

19.03 (a) Where it is necessary to lay an employee off, the Employer shall, where operationally feasible, lay employees off in reverse order of their seniority within their position classification.

(b) If an employee is to be laid off under (a) above, they may then displace the junior employee within any other classification, provided that, in the opinion of the Employer, the employee has the necessary qualifications,

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skills and ability to perform the duties of the job in question.

(c) In the event that an employee displaces another employee under (b) above, who is in a higher paid classification, the employee concerned shall be paid at the minimum of the rate of the higher paid classification.

(d) Recall shall be in the reverse order of the above procedure.

(e) A reduction in hours brought about by a fluctuation in "care package" hours shall not be considered a layoff.

19.04 Part-time employees shall be laid off in accordance with the provisions of this Article in accordance with their standing on the part-time seniority list. For greater clarity, a part-time employee who is laid off may not displace a full-time employee.

ARTICLE 20 - BULLETIN BOARDS

20.01 The Employer agrees that notices concerning Union activities be posted on a bulletin board provided by the Employer. All Union notices must be signed by proper officials of the Local Union and submitted to the Employer for approval before being posted or distributed.

ARTICLE 21 - GENERAL CONDITIONS

21.01 Retirement Age

It is understood and agreed that retirement is mandatory at age sixty-five (65) .

21.02 Health and Safety

In recognition of the parties' responsibilities under the applicable legislation, the Employer and the Union shall form a Joint Health and Safety Committee which shall be comprised of an equal number of representatives not to exceed eight (8) . The Union representatives shall be selected or appointed by the Union from among the bargaining unit employees.

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The Committee shall meet once every two (2) months at the workplace and shall maintain minutes of all meetings. Any representative attending meetings of the Committee during their scheduled working hours shall not lose regular earnings as a result of such attendance.

The Union agrees to obtain full co-operation of it's membership in the observation of all safety rules and practices.

ARTICLE 22 - HEALTH AND WELFARE

22.01 Every full-time employee who has completed period shall be offered membership in the Insurance Plan as soon as practicable.

(a) Life Insurance

their probationary Employer's Group

$2, 000 life insurance plan for each employee. The Employer will pay one hundred percent (100%) of the cost of this plan.

(b) Dental Plan

Blue Cross #9 or equivalent, single/family premium rate. The Employer will pay fifty percent (50%) of the billed

premium for eligible employees, provided that participating employees pay the remaining fifty percent (50%) of the billed single/family rate, whichever is applicable, for employees who participate in the plan. Premium payments shall be through payroll deductions. It is agreed that this plan will provide a current O.D.A. fee schedule with fifty percent (50%) Employer/fifty percent (50%) employee co-insurance.

(c) Drug Plan

$25.00/$50.00 deductible. The Employer will pay fifty percent (50%) of the billed premium for eligible employees, provided that participating employees pay the remaining fifty percent (50%) of the billed single/family rate, whichever is applicable, for employees who participate in the plan. Premium payments shall be through payroll deductions.

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(d) Vision Care

The Employer shall provide sixty dollars ($60.00) per family once every two (2) years. The Employer will pay one hundred percent (100%) of the premium cost of the Plan.

(e) Semi-Private Hospital Coverage

The Employer shall pay one hundred percent (100%) of the premium costs of semi-private coverage.

ARTICLE 23 - VACATIONS

23.01 Vacation Year

Fdr Ehe purposes of calculating eligibility, the vacation year will be the period from July 1st to June 30th of the following year.

23.02 Vacation Request

The periods at which employees will be scheduled to take vacations will conform to the requirements of the Employer's operation. The Employer will post a vacation schedule for each classification. Employees will submit their request for preferred vacation dates and in the event there is a conflict in the selections by employees, such conflicts will be resolved on the basis of seniority in each classification.

Vacation time available after the confirmed vacation request has been posted will be granted in accordance with the date of request, and not seniority.

23.03 Vacation Entitlement

(a) Full-time employees who have less than six (6) months' service will receive vacation pay in the amount of four percent (4%) of their total earnings accrued up to and including June 30th of any given year.

(b) Full-time employees who have more than six (6) months' service, but less than one (1) year, will receive one (1) weeks' vacation pay in the amount of four percent (4%) of

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their total earnings accrued up to and including June 30th of any given year.

(c) Full-time employees with more than one (1) year of service, but less than five (5) years of service as of June 30th in any given year will be granted two (2) weeks' vacation pay at four percent (4%) of their total regular earnings.

(d) Full-time employees with five (5) years of service or more as of June 30th in any given year will be granted three (3) weeks' vacation, with pay, at six percent (6%) of their total regular earnings.

(e) Full-time employees with thirteen (13) years of service or more as of June 30th in any given year will be granted four (4) weeks' vacation, with pay, at eight percent (8%) of their total regular earnings.

(f) When employment is terminated before the employee has been granted a paid vacation, they shall receive payment in lieu of same at the appropriate rate.

(g) Part-time employees shall receive vacation with pay in accordance with the Employment Standards Act except that, upon the completion of 9750 hours actually worked, a part-time employee will receive vacation pay in the amount of six percent (6%) of their total earnings accrued up to and including June 30th of any given year.

Part-time employees shall receive their vacation pay on the first pay in July of each year.

(h) Vacation pay shall be on a separate cheque from regular pay.

ARTICLE 24 - HOLIDAYS

24.01 Paid Holidays

The following shall be recognized as paid holidays:

New Year's Day Victoria Day

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Canada Day Thanksgiving Day

Labour Day Good Friday

Boxing Day Christmas Day

Effective January 1, 1998 add Civic Holiday to the list of those holidays as set out in (.01) above.

24.02 Paid holidays shall not exceed nine (9) in number. In the event that an additional Federal, Provincial or Municipal holiday is proclaimed, such holiday shall replace the Civic Holiday.

24.03(a) An otherwise eligible employee required to work on a paid holiday shall receive pay at a rate of time and one-half (1 ~) their basic rate of pay for all time worked.

(b) An employee eligible for holiday pay who is required to work on a paid holiday may elect to be paid at their basic rate of pay, or take another day off in lieu with pay, within sixty (60) days of the holiday at a mutually agreeable between the employee and the Employer. Holiday pay shall be based on the average length of shift worked over the preceding four (4) week period.

24.04 In order to be entitled to a statutory holiday with pay must have:

(a) Completed their probationary period and worked on their last scheduled working day before the holiday and their first scheduled working day after the holiday, unless excused by medically-substantiated sickness; and,

(b) have earned wages twelve (12) days during the four (4) weeks immediately preceding the holiday.

24. OS An otherwise eligible employee will not be entitled to a statutory holiday with pay if the employee has agreed to work on the holiday and fails to report for and perform such work.

24.06 Holiday pay for part-time employees shall be based on the average of their straight time hours actually worked during the six (6) month period prior to January 1 and July 1 in any year.

The average straight time hours calculated as of January 1 and July 1 respectively shall form the basis for the rate of payment for those holidays that fall within each six (6) month period following said calculation.

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ARTICLE 25 - SICK LEAVE

25.01 Effective January 1, 1998, each full-time employee shall, upon the completion of each one hundred and fifty (150) hours actually worked, receive a sick pay credit of ~ day to a maximum of seven (7) days per year. An employee may carry over a maximum of two (2) days from one year to the next but the total number of days an employee may accumulate including those days that may be carried over will at no time exceed seven (7). When requested, employees will be required to provide a medical certificate satisfactory to the Employer in order to be paid sick pay for the time lost from their regular schedule due to illness.

ARTICLE 26 - SENIORITY

26.01 Seniority lists shall be prepared according to the records of the Employer on an annual basis and posted on a bulletin board provided by the Employer. There will be separate seniority lists for full-time employees and part-time employees. Seniority as posted shall be deemed to be final and not subject to complaint unless an employee complaints within twenty (20) calendar days from the date of posting that his/her seniority as posted is incorrect.

New employees appearing on the list for the first time shall have ten (10) calendar days to challenge their seniority as set out on the list. The Employer will send a copy of the seniority list to the Union once it is posted. Seniority shall be recognized on a bargaining unit wide basis.

26.02 For the purpose of determining seniority, aggregate hours worked will be converted using formula: one thousand, nine hundred and fifty (1950) worked equals one (1) year.

ARTICLE 27 - PART-TIME EMPLOYEES

an employee's the following hours actually

27.01 Notwithstanding anything to the contrary which may be contained in this collective agreement, it is understood and agreed that the provisions of Appendix " A" attached hereto shall constitute the entire agreement between the parties with respect to part-time employees.

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ARTICLE 28 - DURATION AND TERMINATION

28.01 This Agreement shall continue in effect from August 1, 1997 to July 31, 2002. Either party shall be entitled to give notice in writing to the other party as provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring Agreement at any time within a period of ninety (90) days before the expiry of the Agreement. Following such notice to bargain, the parties shall meet within fifteen (15) days from the notice or within such further period as the parties mutually agree upon.

WAGES

The employees' current rate of pay shall be adjusted in the following manner:

(a) Effective January 1, 1997, all employees currently within the Bargaining Unit represented by Local 204 shall receive a wage increase of 35 cents per hour on those wage rates that were in effect on December 31, 1996.

Any retroactive adjustments shall be based on all hours paid from January 1, 1997 until such time as the foregoing adjustment to the hourly rate is implemented and shall only be paid to current employees who are in the active employ of the Employer upon the actual date on which the adjustment is implemented.

(b) Effective August 1, 1998, all employees currently within the Bargaining Unit represented by Local 204 shall receive a wage increase of 35 cents per hour on those wage rates in effect on July 31, 1998.

(c) Effective July 31, 1999 all employees currently within the Bargaining Unit represented by Local 204 shall receive the following lump sum payments:

Full-time employees - $500 Part-time employees - $250

(d) Effective August 1, 1999, all employees currently within the Bargaining Unit represented by Local 204 shall receive a wage increase of 2% on those wage rates in effect on July 31, 1999.

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(e) Effective August 1, 2000, all employees currently within the Bargaining Unit represented by Local 204 shall receive a wage increase of 2% on those wage rates in effect on July 31, 2000.

(f) Effective August 1, 2001, all employees currently within the Bargaining Unit represented by Local 204 shall receive a wage increase of 2% on those wage rates in effect on July 31, 2001.

IN WITNESS WHEREOF, the Employer and the Union these presents to be executed by their duly representatives at Toronto, on the 1st day of March,

have caused authorized

1999.

660910 ONTARIO LTD. C.O.B. AS CLOVER CATERING

JC/ll

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SERVICE EMPLOYEES INTER­NATIONAL UNION, LOCAL 204

(/

APPENDIX " A"

The following articles and sub-clauses in the main body of the collective agreement shall apply to part-time employees:

1 - Preamble 2 - Recognition 3 - Definitions

Article Article Article Article Article Article Article Article Article

4 - No Discrimination and No Sexual Harassment 5 - Union Security 6 - Management Rights 7 - Assistance, Access and Records 8 - Relationship 9 - Union Stewards and Committees

Article 10 - Grievance Procedure Article 11 - Union Policy Grievance Article 12 - Arbitration Article 13 - Probation Article 14 - Loss of Seniority (14. 01 (a), (b), (c), (d),

(e), (g), (h), (i), (j)

Article 15 - Job Posting Article 16 - Hours of Work (16.01, 16.04, 16.05) Article 17 - Overtime Article 18 - Leave of Absence Article 19 - Layoffs and Recall (19.04) Article 20 - Bulletin Boards Article 21 - General Conditions Article 22 - Health and Welfare Article 23 - Vacations (23. 02, 23.03 (g), (h)) Article 24 - Holidays Article 25 - Sick Leave Article 26 - Seniority Article 27 - Part-time Employees Article 28 - Duration and Termination

Wages

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Wage Grid

Jan. Aug. Aug. Aug. Aug. Classification 1/1998 1/1998 1/1999 1/2000 1/2001

Nurse's Aide Start $8.35 $8.70 $8.88 $9.06 $9.24 Year 1 $8.60 $8.95 $9.13 $9.31 $9.50 Year 2 $8.85 $9.20 $9.38 $9.57 $9.76

Activity Aide Start $8.35 $8.70 $8.88 $9.06 $9.24 Year 1 $8.60 $8.95 $9.13 $9.31 $9.50 Year 2 $8.85 $9.20 $9.38 $9.57 $9.76

Housekeeping Start $8.35 $8.70 $8.88 $9.06 $9.24 Year 1 $8.60 $8.95 $9.13 $9.31 $9.50 Year 2 $8.85 $9.20 $9.38 $9.57 $9.76

Housekeeping Start $7.85 $8.20 $8 0 36 $8.53 $8.70 Aide Year 1 $8.60 $8.95 $9.13 $9.31 $9.50

Year 2 $9 0 35 $9.70 $9.89 $10.09 $10.29

Dietary Aide Start $7.85 $8.20 $8.36 $8.53 $8.70 Year 1 $8.10 $8.45 $8.62 $8.79 $8.97 Year 2 $8.35 $8.70 $8.88 $9.06 $9.24

RPN Start $11.85 $12.20 $12.44 $12.69 $12.94 Year 1 $12.47 $12.82 $13 0 08 $13.34 $13.61 Year 2 $13.10 $13.45 $13 0 72 $14.00 $14.28

Early Cook Start $8.35 $8.70 $8.88 $9.06 $9.24 Year 1 $9.10 $9.45 $9.64 $9.83 $10.03 Year 2 $9.85 $10.20 $10.40 $10.60 $10.81

Late Cook Start $10.75 $11.10 $11.32 $11.55 $11.78 Year 1 $11.67 $12.02 $12.26 $12.51 $12.76 Year 2 $12.60 $12.95 $13.21 $13.47 $13.74

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