chartwells 2008-2012

8/2/2019 Chartwells 2008-2012

http://slidepdf.com/reader/full/chartwells-2008-2012 1/47

NEWFOUNDLAND AND LABRADOR ASSOCIATION OFPUBLIC AND PRIVATE EMPLOYEES

COLLECTIVE AGREEMENT

Between

COMPASS GROUP CANADA (Chartwells) Limited (MUN)

and

NEWFOUNDLAND AND LABRADOR ASSOCIATION OFPUBLIC AND PRIVATE EMPLOYEES

April 1, 2008 - March 31, 2012

8/2/2019 Chartwells 2008-2012


2

THIS AGREEMENT made this day of ,Anno Domini, Two Thousand Nine;

BETWEEN :

COMPASS GROUP CANADA (Chartwells) Limited (MUN)

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND PRIVATE

EMPLOYEES , a body corporate organized and existing under the laws of the Province of Newfoundland and having its registered office in the City of St. John's aforesaid (hereinaftercalled the "Union");

of the other part ;

THIS AGREEMENT WITNESSETH that for and in consideration of the premises andcovenants, conditions, stipulations, and provisos herein contained, the parties hereto agree asfollows:

8/2/2019 Chartwells 2008-2012


3

TABLE OF CONTENTS

ARTICLE NUMBER AND NAME PAGE

1 Purpose of Agreement 42 Recognition 43 Management Rights 54 No Discrimination 55 Association Security 66 Check-Off of Association Dues 67 The Employer and the Association Shall Acquaint New Employees 78 Correspondence 79 Labour Management Committee 710 State of Emergency Due to Weather Conditions 911 Grievance Procedure 912 Arbitration 1213 Probation, Discharge, Suspension and Discipline 1314 Seniority 1615 Promotions and Staff Changes 1816 Layoff and Recall 2117 Hours of Work 2318 Overtime 2519 Holidays 2620 Vacations 2821 Sick Leave 3022 Leave of Absence 3123 Payment of Wages and Allowances 34

24 General interpretation 3525 Employee Benefits 3726 Technological Change 3827 Contracting Out 3928 Uniforms and Clothing Allowance 3929 General Conditions 4030 Effect of Legislation 4131 Copies of Agreement 4132 Sexual Harassment 4133 Job Description and Classification 4234 Duration of Agreement 42

35 Cash Shortages and tips 42Schedule "A" 44Letter of Understanding #1 46Letter of Understanding #2 47

8/2/2019 Chartwells 2008-2012


4

ARTICLE 1 PURPOSE OF AGREEMENT

1:01 The intention of this Agreement is to promote and maintain harmonious

relations and close co-operation between the Employer and its employees. It isunderstood by both parties that their objective is the protection of the bestinterests of the Employer and its employees. Both parties will abide by theAgreement, it being their purpose to settle all differences without disturbance of industrial peace.

ARTICLE 2 RECOGNITION

2.01 The Employer recognizes the Newfoundland Association of Public Employeesas the sole and exclusive bargaining agent for all employees of the Employer,

save and except Manager, Confidential Secretaries, Manager Trainees, Chefsand employees serving special functions such as banquets, weddings, cocktailparties. The Union may apply to the Labour Relations Board of Newfoundlandfor the inclusion of Chefs.

2.02 No employees shall be required or permitted to make any written or verbalagreement with the Employer or its representatives which may conflict with theterms of this Collective Agreement.

2:03 Persons who are not members of the bargaining unit, except Chefs and Head Bakers,shall not perform work of the bargaining unit except for the purpose of instruction or

emergencies and provided that the aforementioned operations in itself do notreduce the hours of work or pay of any employee. Banquet staff will do tableset up, serving and clearing of tables. Dishes will be scraped and washed by thebargaining unit employees if the special function is large enough to make up aminimum (3 hour) shift for a General Help Dishwasher.

2:04 (a) Employees shall have the right at any time to have the assistance of a fulltime representative(s) of the Association on all matters relating toEmployer-employee relations. Association representative(s) shall haveaccess to the Employer's premises upon notification of place and time of visit to the Food Service Director and such permission will not be

unreasonably withheld in order to provide the required assistance.Employees involved in such discussions or investigations of grievancesshall not absent themselves from work except with permission from theirSupervisor and such permission will not be unreasonably withheld.

(b) Permission to hold meetings on the premises shall in each case beobtained from the Manager and such meetings shall not interfere with theoperation of the Employer.

8/2/2019 Chartwells 2008-2012


5

2:05 When any new classification is developed or any proposed changes to existingclassifications is proposed by the Employer, the Union shall be given at leasttwo (2) weeks’ notice of the new classification or proposed changes to existingclassifications.

2:06 Notwithstanding anything contained in this Agreement, an employee maypresent a personal complaint to his/her Employer.

2:07 Part-time employees shall be entitled to all benefits on a pro-rata basis.

ARTICLE 3 MANAGEMENT RIGHTS

3:01 The Association recognizes and agrees that all the rights, powers and authorityboth to operate and manage the services under its control and to direct the

working forces is vested exclusively with the Employer except as specificallyabridged or modified by the express provisions of this Agreement.

3:02 Should a question arise as to the exercise of management's rights in conflictwith the specific provisions of this Agreement, failing agreement by the parties,the matter shall be determined by the Grievance and Arbitration Procedures.

ARTICLE 4 NO DISCRIMINATION

4:01 Employer Shall Not Discriminate

(a) The Employer agrees that there shall be no discrimination with respect toany employee in the matter of hiring, wage rates, training, upgrading,promotion, transfer, layoff, assignment of work or otherwise by reason of age, race, creed, colour, national origin, political or religious affiliation,physical or mental disability, sex, sexual orientation or marital status nor byreasons of his/her membership or activity in the Association.

(b) The union agrees to the Workplace Harassment Policy as established by theCompass Group Canada. The Union shall be notified by the company of anychanges to this policy within two (2) weeks of the change.

8/2/2019 Chartwells 2008-2012


6

ARTICLE 5 ASSOCIATION SECURITY

5:01 Membership Requirement

All employees of the Employer as a condition of continued employment shall

become and remain members in good standing of the Association according tothe Constitution and By-Laws of the Association.

5:02 New Employees

All new employees shall, as a condition of employment, become and remainmembers in good standing of the Association from the date of hiring.

ARTICLE 6 CHECK-OFF OF ASSOCIATION DUES

6:01* Check-Off Payments

The Employer shall deduct from every employee coming within the bargainingunit the monthly dues and initiation fees of the Association.

6:02 Deductions

Deductions shall be forwarded to the President of the Association not later thanthe 20th day of the following month. The Employer will forward to theAssociation with the first dues deduction cheque following the signing of theAgreement, a list which shows the employee's name and Social InsuranceNumber. Each month thereafter a list will be forwarded with the dues deductioncheques.

6 :03 T-4 Slips

The Employer agrees that when issuing T-4 slips, the amount of membershipdues paid by an employee to the Association during the previous taxation yearwill be recorded on his/her T-4 statement.

6 :04 Deductions to be Made

The Association shall inform the Employer of the authorized deduction to bemade.

8/2/2019 Chartwells 2008-2012


7

ARTICLE 7 THE EMPLOYER AND THE ASSOCIATION SHALL ACQUAINTNEW EMPLOYEES

7 :01 Acquaint New EmployeesThe Employer agrees to acquaint new employees with the fact that an

Association Agreement is in effect and with the conditions of employment setout in the Articles dealing with Association security and dues check-off.

7 :02 Interviewing OpportunityA representative of the Association shall be given an opportunity to intervieweach new employee within regular working hours without loss of pay for amaximum of fifteen (15) minutes during the first month of employment for thepurpose of acquainting each new employee with the benefits andresponsibilities of Association membership. Where possible, such interviewingwill take place on a group basis during the orientation program for newemployees. The Steward or representative will provide the new employee witha copy of the Collective Agreement.

7:03 The Employer recognizes the right of the Association to appoint or elect four(4) Shop Stewards.

7:04 The Association shall notify the Employer, in writing, of the name of each Stewardand the Department(s) he/she represents before the Employer shall be requiredto recognize him/her.

7 :05 The Employer shall recognize the President of the Local as the Chief ShopSteward.

ARTICLE 8 CORRESPONDENCE

8:01 All correspondence between the parties arising out of this Agreement orincidental thereto shall pass to and from the Food Service Director and thePresident of the Association with a copy to the Local Secretary.

ARTICLE 9 LABOUR MANAGEMENT COMMITTEE

9:01 Establishment of Committee

A Labour Management Committee shall be established consisting of three (3)representatives of the Association and an equal number of representatives of the Employer. The numbers may be reduced by mutual agreement between theparties. The Employer shall be duly notified, in writing, as to the names of theAssociation representatives selected.

8/2/2019 Chartwells 2008-2012


8

9:02 Function of Committee

The Committee shall concern itself with the following general matters :

(i) promoting safety and sanitary practices;

(ii) reviewing suggestions from employees, questions of working conditionsand service (but not grievances concerned with service);

(iii) other problems and matters of mutual interest which affect therelationship which are not properly the subject matter of a grievance ornegotiations.

9 :03 Meetings of Committee

The Committee shall meet at least once each month as required at a mutuallyagreeable time and place. The monthly meeting may be cancelled or rescheduledby mutual consent. The Committee members shall receive a notice and agendaof the meeting at least forty-eight (48) hours in advance of the meeting.Employees shall not suffer any loss of pay for time spent with this Committee.

9 :04 Chairperson of the Meeting

The meeting of the Committee shall be chaired by the Employer'srepresentative and Vice Chairperson will be selected by the Association.

9 :05 Minutes of Meeting

Minutes of each meeting of the Committee shall be prepared and signed by theChairperson and Vice Chairperson as promptly as possible after the close of themeeting. The Chairperson and Vice Chairperson shall each receive four (4)copies of the Minutes within three (3) days following the meeting.

9:06 Jurisdiction of Committee

The Committee shall not supersede the activities of any other Committee of the

Association or of the Employer and does not have the power to bind either theAssociation or its members or the Employer to any decisions or conclusionsreached in its discussions. The Committee shall have the power to makerecommendations to the Association and the Employer with respect to itsdiscussions and conclusions.

8/2/2019 Chartwells 2008-2012


9

ARTICLE 10 STATE OF EMERGENCY DUE TO WEATHER CONDITIONS

10:01 Adverse Weather Conditions

The following provisions shall apply to employees during adverse weather

conditions necessitating a state of emergency declared by either the President of the University, the Employer or the appropriate Provincial or Municipalauthority.

(i) All employees are required to report for duty as scheduled.

(ii) An employee who worked during the emergency will be paid at the rateof time and one-half (1 1/2) for all hours worked.

10:02 Where a state of emergency has not been declared, but the University has closed

due to weather conditions:

1) The employee is required to contact the Employer once he/she has madeevery reasonable effort to get to work and have been unable to do so.He/she can then request assistance or alternatives from the Employer andif he/she is still unable to attend work there shall be no loss of pay.

2) If the Retail Unit closes before employees report to work, they shallremain home, with no loss of pay, unless they are called by their Managerto come to work, in which case they shall be paid time and one half (11/2)

If the Retail Unit closes after the employees have reported to work, theyshall be returned home, with no loss of pay.

3) Main Dining Hall employees who are scheduled to work shall report towork and they shall be paid time and one half (1 ½).

4) Employees who refuses to report for work when required shall not beentitled to any pay for that day.

ARTICLE 11 GRIEVANCE PROCEDURE

11:01 Definition of Grievance

A grievance shall be defined as a dispute arising out of the interpretation,application or alleged violation of the Collective Agreement.

8/2/2019 Chartwells 2008-2012


10

11:02 Prompt Procedure

In order to provide an orderly and speedy procedure for the settling of grievances,the Employer acknowledges the rights and duties of the Association Stewards toassist any employee in preparing and presenting his/her grievance in accordance

with the Grievance Procedure.

11:03 Processing of Grievances

Shop Stewards shall suffer no loss in pay for the time spent processinggrievances or attending meetings with the Employer's representatives.

11:04 Permission to Leave Work

It is agreed that Shop Stewards will not absent themselves from theirDepartments for the purpose of handling grievances without first obtaining

permission of the Shop Steward's Supervisor and that permission will not beunreasonably withheld.

11:05 Settling of Grievances

a) An earnest effort shall be made to settle grievances fairly and promptly inthe following manner.

b) An employee who feels he/she has a grievance, along with his/her ShopSteward, will present the grievance to his/her Food Service Managerwithin five (5) days of the occurrence or discovery of the incident giving

rise to the alleged grievance.

c) Subject to Clause 11:13 (a), a grievance shall be processed in thefollowing manner:

Step 1

If the employee fails to receive a satisfactory answer within five (5) daysof presenting the matter under Clause 11:05 (b), the aggrieved employee,through his/her Shop Steward, shall submit his/her grievance to the FoodService Director, which shall include a written statement outlining the

particulars of the grievance and the redress sought. If either partyconsiders that it is necessary, the Food Service Director and the ShopSteward shall meet and make an earnest effort to settle the grievance.Should the parties be unable to agree as to when and where the meetingis to be held, either party may, within four (4) working days after receiptof the grievance by the Food Service Director, proceed to Step 2. Failingsettlement, the Food Service Director shall render his/her decision within

8/2/2019 Chartwells 2008-2012


11

four (4) working days following the meeting. If no meeting wasnecessary, four (4) working days following receipt of the grievance.

Step 2

Failing settlement being reached at Step 1, the Shop Steward may, withinfive (5) working days, submit the grievance to the Assistant VicePresident or his/her designated representative, shall meet with the ShopSteward(s) and an earnest effort shall be made to settle the grievance.Failing settlement, the Assistant Vice President shall render his/herdecision within seven (7) working days of the receipt of the grievance.

Step 3

Failing settlement being reached in Step 2, either party may refer thedispute to arbitration within fifteen (15) days of the Assistant Vice

President's decision inStep 2.

Step 4

Meeting of the Business Agent of the Union, the Chief Shop Stewardand the Corporate Senior Director of Labour Relations or designate priorto application for arbitration. Time frames would be similar to Step 3

11:06 (a) Policy Grievance

When the Association has the occasion to institute a policy grievance, itwill first meet with the Food Service Director and try to resolve thedispute.

(b) If the dispute is not settled at this level, the grievance will be processed,in writing, to the Food Service Director.

11:07 Association May Institute Grievances

(a) The Association and its representatives shall have the right to originate agrievance on behalf of an employee, or group of employees, and to seek

adjustment with the Employer in the manner provided in the GrievanceProcedure. Such a grievance shall commence at Step 1.

(b) The Employer shall have the right to grieve any violation of thisAgreement. Such grievance shall be submitted to the President of theUnion with a copy to the Local President. The President or his/herdesignate shall meet with the Food Service Director to solve the

8/2/2019 Chartwells 2008-2012


12

grievance. If it is not settled at this level, either party may submit thegrievance to arbitration.

11:08 Replies in Writing

Replies to grievances stating reason shall be in writing at all Steps.

11:09 Facilities for Grievance Meetings

The Employer shall supply the necessary facilities for the grievance meetings.

11:10 Mutually Agreed Changes

Any mutually agreed changes to this Collective Agreement made in accordancewith Clause 34:01 shall form part of this Collective Agreement and are subjectto the Grievance and Arbitration Procedures.

11:11 Technical Objections to Grievances

No grievance shall be defeated or denied by any technical objection occasionedby a clerical, typographical, or similar technical error. This Clause shall not beinterpreted to allow combination of individual grievances not processed throughthe Grievance Procedure.

11:12 Local President

Where reference is made throughout the Grievance Procedure to Shop

Steward, it is agreed that the Local President may process a grievance, if deemed desirable by the Association.

11:13 In the case of dismissals and suspensions pending dismissal, the grievance will besubmitted in writing to the Food Service Director.

ARTICLE 12 ARBITRATION

12:01 When either party requests that a grievance be submitted to arbitration, therequest shall be made by registered mail addressed to the other party of the

Agreement and at the same time, provide the names of three (3) arbitrators.Within fifteen (15) calendar days thereafter, the other party shall answer byregistered mail either accepting one of the arbitrators submitted or provide thenames of three (3) alternate arbitrators. If they are unable to agree on a singlearbitrator from the names submitted within a further five (5) days, they may thenrequest the Minister of Environment and Labour to assist them in selecting animpartial single arbitrator.

8/2/2019 Chartwells 2008-2012


13

12:02 Arbitrator’s Procedure

The Arbitrator shall determine his/her own procedure, but shall give fullopportunity to all parties to present evidence and make representations. Inhis/her attempts at justice, the Arbitrator shall, as much as possible, follow a

layperson's procedure and shall avoid legalistic or formal procedure. TheArbitrator shall hear and determine the difference or allegation and render adecision within thirty-five (35) days from the time of his/her appointment.

12:03 Decision of the Arbitrator

The decision of the Arbitrator shall be final, binding and enforceable on allparties and may not be changed. The Arbitrator shall not have the power tochange this Agreement or to alter, modify or amend any of its provisions.However, the Arbitrator shall have the power to dispose of a grievance by anyarrangements which it deems just and equitable.

12:04 Expenses of the Arbitrator:

Each party shall pay one-half (1/2) of the fees and expenses of the Arbitrator.

12:05 Amending of Time Limits

The time limits fixed in both the Grievance and Arbitration Procedure may beextended by mutual agreement between the parties.

12:06 Witnesses

At any stage of the Grievance or Arbitration Procedure, the parties shall have theassistance of any employee(s) concerned as witnesses. Employees givingevidence shall be considered on paid leave with no loss of wages or benefits.

ARTICLE 13 PROBATION DISCHARGE. SUSPENSION AND DISCIPLINE

13:01 (a) Probationary Period

The probationary period shall be thirteen (13) weeks. If an employee has

not completed sixty-five (65) days of work during this period, his/herprobationary period may be extended until he/she actually completessixty-five (65) days of work. For the purpose of this Clause, time off withpay, approved by the Employer, shall be considered as time worked.

8/2/2019 Chartwells 2008-2012


14

(b) Discharge Procedure

An employee who has completed his/her probationary period may bedismissed, but only for just cause. When an employee is discharged,

suspended or reprimanded, such employee shall be advised within five(5) days, in writing, by the Employer of the reason for such discharge,suspension or reprimand.

(c) Termination of Probationary Employees

The termination of probationary employees for reasons of unsuitability orincompetence, as assessed by the Employer, is not subject to theGrievance and Arbitration Procedures.

13:02 May Omit Grievance Steps

An employee considered by the Association to be wrongfully or unjustlydischarged or suspended shall be entitled to a hearing under Article 11 -Grievance Procedure. Steps 1 and 2 of the Grievance Procedure shall be omittedin such case and the grievance presented to the Assistant Vice President.

13:03 Unjust Suspension or Discharge

Should it be found upon investigation that an employee has been unjustlysuspended or discharged, the employee shall be immediately re-instated inhis/her former position, without loss of seniority and shall be compensated for

all time lost in an amount equal to his/her normal earnings during the pay periodnext preceding such discharge or suspension, or by any other arrangement as tocompensation which is just and equitable in the opinion of the parties or in theopinion of a Board of Arbitration if the matter is referred to such a Board.

13:04 Warnings

a) Whenever the Employer deems it necessary to censure an employee, in amanner indicating that dismissal may follow any further infraction, or mayfollow if such employee fails to bring his/her work up to a requiredstandard by a given date, the Employer shall, within five (5) days

thereafter, give written particulars of such censure to the employeeinvolved.

b) Where an employee is required to attend a meeting with the Employerwhich concerns an oral reprimand or precedes a written warning, theemployee shall have the right to be accompanied by a Shop Steward.

8/2/2019 Chartwells 2008-2012


15

13:05 Adverse Report

The Employer shall notify the employee, in writing, of any dissatisfactionconcerning his/her work within five (5) working days of the event of acomplaint. This notification shall include particulars of work performance which

led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her atany time.

The report of an employee shall not be used against him/her after eighteen (18)months have elapsed, providing another warning or reprimand relating to thesame or similar offence has not been given within that period. The employee'swritten reply to such notification of dissatisfaction shall become part of his/herrecord.

This Article shall apply in respect of any expression of dissatisfaction relating to

his/her work or otherwise which may be detrimental to an employee'sadvancement or standing with the Employer.

All correspondence pertaining to the adverse report including the report itself,shall be disregarded and subsequently removed from the personal file aftereighteen (18) months. The employee shall be responsible to see that any suchdocuments are removed.

13:06 Personal Files

There shall be one (1) official recognized personal discipline file and this file shall be

maintained at the University. An employee shall, at any reasonable time, be allowed toinspect his/her personal file and may be accompanied by a representative of theAssociation if he/she so desires and a company representative.

13:07 Justice and Dignity Provision

If, upon investigation, the Employer feels that disciplinary action is necessary,such action shall be taken based upon the Collective Agreement. In situationswhere the Employer is unable to investigate the matter to its satisfaction, but feelsthe employee should be removed from his/her place of employment, it shall bewith pay.

13:08 An employee who has completed the probationary period may be suspended ordischarged but only for just cause. The Employer shall notify the employee, inwriting, of the reason for the suspension or discharge within five (5) working daysof the imposition of the discipline.

8/2/2019 Chartwells 2008-2012


16

ARTICLE 14 SENIORITY

14:01 Seniority Defined

(a) Seniority is defined as the length of service with the Employer and

subject to the provisions of Clauses 20:01, 14:04, 22:06 (f), 16:01, and22:10, or any other appropriate Article shall date from the last entry intoemployment with the Employer, seniority shall operate on a bargainingunit wide basis.

(b) The Employer shall maintain a seniority list showing the date uponwhich each employee's service commenced up to the date of the signingof the Agreement and following the signing, each employee's record willreflect the amount of seniority earned in hours from that date. If a tieexists between two or more employees, then it shall be broken by amutually agreeable random select method.

14:02 (a) An up-to-date seniority list shall be sent to the Association and posted onall bulletin boards in March 30 th and August 15 th of each year. Employeesshall have thirty (30) days to challenge the list for correction of errors.

(b) In order to accumulate a year of service, an employee must work a total of 1,828 hours. The Employer shall record seniority on the basis of yearsfirst and then hours.

14:03 Probation for Newly Hired Employees

a) Newly hired employees shall be on a probationary basis for a period asindicated in Clause 13:01 (a) and subject to Clause 13:01 (c) shall beentitled to all rights and benefits of this Agreement. After completion of his/her probationary period, seniority shall be effective from the originaldate of employment.

b) Conservation of Seniority

Unless otherwise stipulated in this Agreement, employees shall not earnseniority and shall not lose accumulated seniority in the following cases:

(i) leave of absence without pay for one (1) year;

(ii) layoff of less than one (1) year

c) Accumulation of Seniority Other than for Time Actually Worked

Unless otherwise stipulated in this Agreement, employees shallaccumulate seniority in the following cases:

8/2/2019 Chartwells 2008-2012


17

(i) annual vacation leave;

(ii) paid sick leave;

(iii) special paid leave;

(iv) maternity leave;

(v) while on Workers' Compensation;

(vi) adoption leave;

(vii) all approved courses;

(viii) bereavement leave.

14:04 Loss of Seniority

An employee shall not lose seniority rights if he/she is absent from work becauseof sickness, accident, layoff, or leave of absence approved by the Employer. Anemployee shall only lose his/her seniority in the event:

a) he/she is discharged for just cause and is not re-instated;

b) he/she resigns;

c) he/she is absent from work in excess of three (3) working days withoutsufficient cause or without notifying the Employer unless such notice wasnot reasonably possible;

(d) he/she fails to return to work within seven (7) calendar days following alayoff and after being notified by registered mail to do so unless through sicknessor other just cause. It shall be the responsibility of the employee to keep theEmployer informed of his/her current address and telephone number. Anemployee recalled for casual work or employment of short duration at a timewhen he/she is employed elsewhere shall not lose his/her recall rights for refusalto return to work. Upon receipt of notice of recall, the employee shallwithin two (2) days, excluding weekends and statutory holidays, notifythe Employer of his/her intentions.

(e) he/she is laid off for a period of twenty-four (24) months;

(f) he/she refuses registered mail concerning discipline or a recall to work;

(g) he/she refuses to work as required when recalled.

8/2/2019 Chartwells 2008-2012


18

14:05 Transfers and Seniority Outside Bargaining Unit

No employee shall be transferred to a position outside the bargaining unit withouthis/her consent. If an employee is transferred to a position outside the bargaining

unit, he/she shall retain his/her seniority accumulated up to the date of leaving theunit, but will not accumulate any further seniority while outside the unit. Anemployee transferred outside the unit for twelve (12) months or more shall losehis/her seniority.

14:06 Whenever practical, recalled employees will fill the temporarily vacated positions.

ARTICLE 15 PROMOTIONS AND STAFF CHANGES

15:01 Job Postings

When a vacancy occurs or a new position is created inside the bargaining unit, theEmployer shall post notices of the position in accessible places in the Employer'spremises for a period of not less than seven (7) calendar days. Copies of allpostings are to be supplied concurrently to the Local Secretary.

15:02 Information on Postings

Notices of new positions or of vacancies inside the bargaining unit shall containthe following: salary rate or range, vacancy type, shift length, vacancy location,classification and working area location, and desirable knowledge. Such

qualifications may not be established in an arbitrary or discriminatory manner.All job postings shall state: "This position is open to male and femaleapplicants".

15:03 a) No position will be filled from outside the bargaining unit unless in thecase of an emergency until the applications of present employees havebeen fully processed.

(b) If, in the Employer's opinion a temporary position is expected to exceed aperiod of six (6) continuous weeks, such position shall be posted inaccordance with Clause 15:01.

15:04 Role of Seniority in Promotions and Transfers

Both parties recognize:

(a) the principle of promotion within the service of the Employer;

(b) that job opportunity should increase in proportion to length of service.

8/2/2019 Chartwells 2008-2012


19

Therefore, when a vacancy occurs in an established position within the bargainingunit, or when a new position is created within the bargaining unit, employees whoapply for the position on promotion or transfer shall be given preference on aseniority basis for filling such vacancy, provided that the applicant's qualifications

meet the required standards for the new position. Appointments from within thebargaining unit shall be made within four (4) weeks of posting.

15:05 Trial Period

(a) The successful applicant shall be placed on trial for a period of one (1)month. Conditional on satisfactory service, the Employer shall confirmthe employee's appointment after the period of one (1) month. In theevent that the successful applicant proves unsatisfactory in the positionduring the trial period, or if the employee is unable to perform the dutiesof the new job classification, he/she shall be returned to his/her former

position, wage or salary rate, without loss of seniority. Any otheremployee promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position, wage or salaryrate, without loss of seniority, provided the position still exists. If it doesnot exist, the employee may use bumping rights.

(b) The trial period procedure outlined in Clause 15:05 (a) shall apply tobargaining unit members who are either promoted or transferred topositions outside the bargaining unit.

15:06 Promotions Requiring Higher Qualifications

Consideration for promotion will be given to the senior applicant who does notpossess the required qualifications, but is actually training prior to filling of avacancy and indicates so in his/her application. Such employee will be given anopportunity to qualify within a reasonable length of time not exceeding two (2)months and to revert to his/her former position if the required qualifications arenot met within such time.

15:07 Notification of Successful Applicant

Within five (5) days of the date of appointment to a vacant position the name of

the successful applicant shall be sent to each applicant and a copy posted on thebulletin board(s) provided for Association notices.

15:08 Handicapped Worker Provision

An employee who has become incapacitated by injury or illness will beemployed in other work which he/she can do provided a suitable position is

8/2/2019 Chartwells 2008-2012


20

available, and the applicable rate for the new position will apply. Such employeeshall not displace an employee with more seniority.

15:09 Disabled Employee's Preference

An employee who has become incapacitated at his/her work by injury orcompensable occupational disablement, and is unable to perform his/her regularduties, will be employed in other work which he/she can do providing a suitableposition is available and the applicable rate for the new position will apply.Such employee shall not displace an employee with more seniority.

15:10 On-the-Job Training

The Employer recognizes the desirability of on-the job training opportunities foremployees and agrees to inaugurate and maintain a program that will providesuch training opportunities. Employees participating in such training will

maintain their present salary during such periods of training.

15:11 (a) Training Courses

The Employer shall bulletin all in-service training courses for a period of not less than ten (10) days. The bulletin shall contain the name and datesof the course and where other further information can be obtained. In theprocess of selection from those applicants who are members of thebargaining unit, seniority shall prevail, provided that the senior applicantmeets the required qualifications for admission to the course.

(b) The Employer may, at its discretion, provide an opportunity for anemployee to receive training in their jobs so that an employee may avoidseasonal layoff.

15:12 Assistance for Training

The Employer agrees to give as much assistance as practical to employees whodesire further training.

15:13 Changes in Pay on Promotion

Changes in pay rates as a result of promotions shall be effective from the date of promotion as specified in the letter of appointment.

8/2/2019 Chartwells 2008-2012


21

ARTICLE 16 LAYOFF AND RECALL

16:01 Layoff Procedure

(a) Both parties recognize that job security shall increase in proportion to

seniority.

(b) Therefore, in the event of the abolition of the employee's regular positionor the permanent reduction of hours, a ten (10) day notice will be issued tothe employee filling the affected position who will exercise his/her right toeither accept the layoff or bump in any classification in which theemployee is qualified to perform the work required, provided the employeebeing bumped has less seniority.

(c) Fourteen (14) days prior to the date of a layoff, the Employer will issue alayoff notice to employees whose positions are affected. This notice will

also indicate a two (2) day period during which employees are expected tobe available via telephone to discuss with their Manager the shift scheduleavailable. The employee shall inform his Manager within sufficient time,four (4) hours , of his selection. The Manager will assist the employee inmaximizing the available hours.

Employees not available during this two (2) day period will be assigned anappropriate shift on the basis of their respective seniority.

* When completing his/her selection of scheduled shifts, an employee whohas sufficient qualifications to do the work required, may select a

scheduled position provided the employee in that position is less senior. Anemployee being displaced by a senior employee will be deemed to havebeen given a layoff notice. Positions not filled by employees selectionsshall be assigned by seniority by the Employer .

(d) Fourteen (14) days prior to the date of mid-term and Easter breaks, theEmployer will post a schedule of positions available during the break.Within seven (7) days of posting that schedule, the Employer will offeravailable positions to employees by seniority provided those employeeshave sufficient qualifications to do the work required. All employees'schedule selections must be made immediately upon receipt of the

Employer's offer. Employees not at work due to an excused absence willbe phoned. Positions not filled by the Employer's offer shall be assignedby seniority by the Employer. The Manager will assist the employee inmaximizing the available hours.

(e) Employees who work during a seasonal layoff or the November, midtermand Easter breaks will be given the salary rate for the positionclassification in which they are working.

8/2/2019 Chartwells 2008-2012


22

(f) Notwithstanding Clauses 16:01 (a), (b), (c), (d), and (e) , any reduction in thehours of work of any employee will activate the employee's bumping rights.

16:02 Recall Procedure

(a) Employees shall be recalled in order of seniority provided thoseemployees being recalled have sufficient qualifications to perform thework required.

(b) When an employee's original position recurs, the employee shall return toit, in accordance with his/her seniority.

(c) Following notice of layoff for the April - September period, employeeswho are to be recalled in September will receive notice of recall in writing.This notice shall indicate a two (2) day period during which employees are

expected to be available via telephone to discuss with their Manager theshift schedule available and their placement on the shift schedule.

Employees not available during this two (2) day period will be assigned anappropriate shift on the basis of their respective seniority.

(d) Recall of employees following the November, mid-term and Easter breaksand recall to employment of short term duration, will be done bytelephone and in accordance with Article 16:02.

(e) Where and when the Employer initiates a recall by telephone, a Shop

Steward, or in his/her absence, a member of the bargaining unit willwitness the call.

The Union is receptive to modification/deletion of this Clause conditionalon a satisfactory system of proof of recall is available through theintroduction of new telephone technology.

16:03 No New Employees

No new employees shall be hired until employees who have completed theprobationary period, who are on layoff status or under notice of layoff, have been

given an opportunity of recall or reassignment, provided that employees on layoff status or notice of layoff have sufficient qualifications to perform the work required.

16:04 Notice of layoff

(a) Unless legislation is more favourable to the employee, the Employer shallnotify employees who are to be laid off in accordance with Clause 16:01

8/2/2019 Chartwells 2008-2012


23

(b), (c) and (d), if he/she has not had an opportunity to work the days asprovided in this Article, he/she shall be paid for the days for which work was not made available.

(b) Clause (a) above does not apply to employees recalled to work for less

than ten (10) days during the summer.

16:05 Super SeniorityThe Local President only shall be granted super seniority in the case of layoff only.

16:06 Employees re-employed after layoff shall, for the purpose of this Agreement, beplaced on their respective salary scales on a step not lower than the step theywere on at the date of termination provided that they have not been out of theemployment of the Employer for a period of more than one (1) year.

ARTICLE 17 HOURS OF WORK

17:01 (a) (i) Notwithstanding the Employer's right to lay off employees inaccordance with Article 16, the Employer agrees to guarantee thehours of work for the period, employees and positions indicatedbelow during the life of this Collective Agreement.

The Employer reserves the right to reduce the hours of work of full time employees due to circumstances beyond the control of the Employer or the University (including, for the purposes of

illustration and not limitation, reductions in the student residentpopulation or university population on a pro rata basis, disasters,emergencies, etc.) and usual layoffs for semester breaks. Suchreductions shall be made in accordance with Article 16 of theCollective Agreement.

(ii) In accordance with the most recent seniority list of November 19,1997, the individual employees shall be listed in position numberone (1) to fifty-three (53) inclusive in positions as follows:

51 employees @ 7.5 hours work per day = 37.5 hours in 5 days

2 employees @ 7.5 hours work per day = 37.5 hours in 6 days

In addition, the Employer offers to guarantee the hours of work forthe period, employees and positions indicated below:

1 employee @ 30.0 hours work per week in 6 days* 1 employee @ 22.5 hours work per week in 5 days

1 employee @ 22.5 hours work per week in 3 days

8/2/2019 Chartwells 2008-2012


24

1 employee @ 19.5 hours work per week in 3 days1 employee @ 19.5 hours work per week in 3 days

* 1 employee @ 15.0 hours work per week in 5 days1 employee @ 15.0 hours work per week in 4 days1 employee @ 12.0 hours work per week in 4 days

1 employee @ 7.5 hours work per week in 1 day (Saturday)1 employee @ 7.5 hours work per week in 1 day (Saturday)1 employee @ 3.0 hours work per week in 1 day (Sunday)1 employee @ 3.0 hours work per week in 1 day (Sunday)1 employee @ 3.0 hours work per week in 1 day (Monday)

*This guarantee of hours and positions shall apply during the universityacademic year, September to April.

(iii) All remaining hours and positions will be made available to part--

time employees or temporary employees on a seniority basis.

(iv) The parties agree that there will a Joint Committee established,namely Quality/Service/Cleanliness (QSC) to meet as per theiragenda and make quarterly recommendations that duly support thegoal of the Employer and its employees

(v) The parties agree to meet annually in the April to August period toreview plans for the upcoming "September Schedule" and discussany related adjustment to the schedule.

(b) The Employer will ensure that scheduled hours of the week in which fullseasonal shutdown occurs (December and April) are rescheduled tomaximize hours for senior employees provided the individual hassufficient qualifications to do the work required.

(b) During the spring and summer shutdown periods (April - August) theEmployer will endeavour to compress shifts of regularly scheduledemployees by seniority provided the individual has sufficientqualifications to do the work required.

17:02 Days off shall be planned in such a way as to allow employees to have every

second weekend off, provided employees agree that days off do not need to beconsecutive during the balance of the two (2) week period.

17:03 There shall be no split shifts except by mutual consent.

8/2/2019 Chartwells 2008-2012


25

17:04 An employee shall be permitted a rest period of fifteen (15) consecutive minutesin the first half and in the second half of the shift, providing the first half and thesecond half of the shift exceeds three (3) hours in each case.

17:05 An employee who works four (4) or more hours per day (including split shifts)

will be allowed a one-half (1/2) hour unpaid meal break with a free meal.

17:06 Shift Differential

A shift differential of thirty-one cents (31¢) an hour effective date of ratificationin addition to their regular pay will be paid to any employee who is required towork between the hours of 8:00 p.m. on one day and 6:00 a.m. on the followingday. Shift differential will increase to thirty-three cents (33¢) per hour effectiveMarch 1, 1991.

ARTICLE 18 OVERTIME

18:01 (a) All time worked by a full time employee after seven and one-half (71/2)hours per day or thirty-seven and one-half (37 1/2) hours per week will beconsidered overtime except employees who, at the signing of thisAgreement, are working eight (8) hours per day or forty (40) hours perweek who shall receive overtime after eight (8) hours per day or forty (40)hours per week.

(b) All time worked by a part-time employee in excess of the equivalent fulltime hours on a daily or weekly basis shall be considered overtime.Part-time employees shall not be scheduled by the Employer for less thanthree (3) hours in any shift.

(c) All overtime is subject to the prior approval of the Food Service Manageror his/her designated representative.

18:02 Meal Periods

(a) The Employer will endeavour to post the meal period for employees priorto the commencement of the shift but in any event, it shall be postedwithin the first two (2) hours of the shift.

(b) During the meal period, employees are permitted to leave thepremises.

(c) Employees recalled to the work area during the meal break will be paid atthe applicable overtime rate for the period worked.

8/2/2019 Chartwells 2008-2012


26

18:03 Overtime and callback shall be divided equally among employees. The Employer willoffer available positions to employees by seniority provided those employees havesufficient qualifications to do the work required. For the purpose of administrationof this Article:(a) As of April 1st each calendar year all employees will have their annual

overtime and callback record adjusted to zero (0).

(b) As overtime or callback is required, the Employer will offer the overtimeor callback to the most senior employee.

(c) If an employee who is offered overtime or callback declines theopportunity, the Employer will record the amount of overtime or callback offered and declined. If an employee accepts the overtime or callback, theEmployer will record the amount of overtime or callback worked.

(d) As further overtime or callback is required, the Employer will offer it to

the most senior employee who has not previously been offered overtime orcallback in that calendar year and continue to record the amount of overtime or callback offered and whether the employee has declined oraccepted the overtime or callback until the seniority list has beenexhausted.

(e) Thereafter, as further overtime or callback is required, the Employer willoffer it first to the employee with the least overtime or callback offered orworked, regardless of that employee's position on the seniority list.

(f) Where all employees have been offered or have worked the same amount

of overtime or callback, then again to the most senior employee, repeatingthe process from sub-paragraph (b) above.

18:04 (a) An employee who has left his/her place of work and is subsequentlyrecalled to work outside his/her normal working hours to work less thana full shift shall be paid a minimum of three (3) hours at the applicableovertime rate.

(b) When an employee is recalled to work under the conditions described in(a) above, he/she shall be paid the cost of transportation to a maximum of six dollars

ARTICLE 19 HOLIDAYS

19:01 Employees shall receive one (1) day paid leave for each of the nine (9) holidaysas follows:(a) New Year's Day(b) Good Friday(c) Victoria Day(d) Memorial Day

8/2/2019 Chartwells 2008-2012


27

(e) Labour Day(f) Remembrance Day(g) Christmas Day(h) Boxing Day(i) Thanksgiving Day

(j) St. Patrick’s Day

19:02 Compensation for Holidays Falling on Saturday

For the purpose of this Agreement, when any of the aforementioned holidaysfalls on a Saturday, and is not proclaimed as being observed on some other day,employees who work on that day shall observe the day proclaimed as a holidayfor calculation of benefits under Article 19 - Holidays. All other employees shallobserve the following Monday as the holiday.

19:03 Compensation for Holidays Falling on a Sunday

For the purpose of this Agreement, when any of the above-noted holidays falls ona Sunday and is not proclaimed as being observed on some other day, shiftworkers shall observe the day proclaimed as a holiday for calculation of benefitsunder Article 19 - Holidays.

19:04 Pay for Scheduled Work on Holidays

Employees who are scheduled to work on a designated holiday and work inClause 19:01 shall be paid at the rate of time and one-half (1 1/2) and will begranted either another day off in lieu to be mutually agreed between the employee

and Supervisor or be paid one (1) day's regular pay in lieu. The employee'sdecision to receive time off must be conveyed to the Supervisor withinseventy-two (72) hours of working on the holiday. Should the time off not betaken within sixty (60) calendar days, the employee shall receive one (1) day'sregular pay in lieu.

19:05 Compensation for Holidays Falling on Scheduled Day Off

When any of the aforementioned holidays falls on the employee's scheduled dayoff, the employee shall receive another day of with pay to be taken within sixty(60) days. If such time off cannot be granted within sixty (60) days, the employee

will be paid one (1) day's regular pay in lieu.

19:06 Compensation for Work Performed on a Holiday Falling on Scheduled Day Off When a holiday falls on an employee's day off and he/she is required to work onsuch a holiday, he/she shall receive one and one-half (1 1/2) hours' pay for eachhour worked on such a holiday in addition to holiday pay. If, at the request of the

8/2/2019 Chartwells 2008-2012


28

employee, time off in lieu is granted, it shall be on the basis of one and one-half (1 1/2) hours off for each hour worked in addition to the holiday pay.

19:07 New HolidayShould any new holiday not routinely scheduled be specifically proclaimed bythe Provincial authorities, the parties agree to meet to discuss its inclusion inArticle 19.01. In any event, the total paid holidays in 19.01 shall not exceed ten(10).

19:08 In order to be eligible for statutory holiday pay, an employee must have been paidten (10) of the previous twenty-eight (28) days and has to have worked the daybefore and the day after the holiday.

ARTICLE 20 VACATIONS

20:01 (a) An employee shall receive an annual vacation with pay in accordance withhis/her years of employment as follows:

0 - 3 years employment 5% of wages earned with 2 weeks

vacation

4 - 8 years employment 7% of wages earned with 3 weeks

vacation

9 or more years employment 9% of wages earned with 4 weeks

vacation.

(b) (i) For the purpose of calculation of vacation, an employee's wageswill be those wages earned in the twelve (12) month period fromJuly 1 to June 30.

(ii) If an employee becomes eligible for a greater amount of vacationpay and time off within the period July 1 to June 30, he/she will bepaid the greater amount and time off only for that portion of theyear after he/she became eligible.

20:02 Compensation for Holidays Falling Within Vacation Schedule

If a paid holiday falls or is observed during an employee's vacation period,he/she shall be allowed an additional vacation day with pay at a time to bemutually agreed upon.

8/2/2019 Chartwells 2008-2012


29

20:03 Calculation of Vacation Pay

Vacation pay shall be at the rate effective immediately prior to the vacationperiod. However, should any salary increase become effective during theemployee's vacation period, he/she shall receive the benefit of such increase

from the effective date.

20:04 Vacation Pay on Termination or Retirement

(a) An employee terminating his/her employment, at any time in his/hervacation year, before he/she has had his/her vacation, shall be entitled to anequivalent payment of salary or wages in lieu of such vacation attermination, provided that the employee gives proper notice of termination.In the event that proper notification of termination is not given, paymentwill be made at the earliest possible date, but in any event, no later than thesecond payday following the date of termination.

(b) Subject to Clause 16:04 (b), employees shall give the Employer fourteen(14) days' notice of intention to terminate their employment. The period of notice may be reduced or eliminated by mutual consent. Vacation leaveshall not be used as any of the period of notice referred to in this Article.

20:05 Selection of Vacation Dates

Employees not on summer layoff will notify management by April 15th of thedates desired for vacation. Dates will be designated by seniority.

20:06 Vacation Schedule

Vacation schedules shall be posted by May 1st of each year and shall not bechanged unless mutually agreed upon by the employee and the Employer.Vacations shall commence immediately following an employee's regularlyscheduled days off.

20:07 Carry Forward of Vacation

An employee may carry forward to another year any proportion of annual leavenot taken by him/her in previous years until , by so doing, he/she has accumulated

a maximum of twenty (20) days.

20.08 Overtime Vacation Rate

When an employee is required to work during his/her vacation, he/she shallreceive pay of time and one-half (1 ½). Hours worked while on vacation shall notbe deducted from the empl oyee’s vacation credit.

8/2/2019 Chartwells 2008-2012


30

20:09 An employee who is off on sick leave which coincides with his/her scheduled vacationand brings a doctor’s note to prove illness shall have his/her vacation rescheduledon return to work on a mutually agreed time. The Employer shall make everyreasonable effort to accommodate the employee.

ARTICLE 21 SICK LEAVE

21:01 (a) Every employee will have a total of eight (8) sick leave days each year,three (3) of which shall be used in connection with a claim for weeklyindemnity, and five (5) of which may be used individually or collectively.An employee missing a day because of illness will be paid according to theactual number of hours that would have been worked on that day.

(b) Sick leave means a period of time that an employee has been permitted tobe absent from work without loss of pay by virtue of being sick, disabled,

quarantined or because of an accident for which compensation is notpayable under the Workers' Compensation Act.

(c) Prior to the start of a shift, every reasonable effort will be made to notifythe Employer of sick leave. This should be one (1) hour prior to themorning shift and two (2) hours prior to the evening shift.

21:02 Proof of Illness(a) Before receiving sick leave with full pay an employee may be required to

provide a reason for absence form signed by a physician for an illness in

excess of three (3) consecutive working days.

In cases of suspected abuse shown by an established pattern of sickness,the Employer reserves the right to request a reason for absence formsigned by a physician for any period of illness.

(b) An employee shall have the option of being attended by a doctor of his/her choice and under no circumstances will an employee bepenalized in any way by the Employer for exercising his/her option of being attended by his/her personal physician.

21:03 If an employee becomes ill during the first half of a shift, he/she will be paid for thefull day and have one-half (1/2) day deducted from his/her sick bank. If an employeebecomes ill during the second half of his/her shift, he/she will be paid for hours workedand have no time deducted from his/her sick bank.

8/2/2019 Chartwells 2008-2012


31

ARTICLE 22 LEAVE OF ABSENCE

22:01 No more than three (3) employees will be on the Negotiating Committee andthese employees shall not suffer any loss of pay or accumulative benefits fortotal time spent in negotiations with the Employer.

22:02 Grievance and Arbitration Pay Provision

Representatives of the Association shall not suffer any loss of pay oraccumulative benefits for total time spent in the Grievance and ArbitrationProcedures.

22:03 The Employer agrees to provide the bargaining unit a total of no more than seven(7) days per year without loss of pay for authorized Association business.

22:04 Leave of Absence for Full Time Association Representatives

An employee who is elected or selected for a full time position with theAssociation or anybody with which the Association is affiliated shall be grantedleave of absence without loss of seniority or accrued benefits for a period of eighteen (18) months. Such leave shall be renewed each year on request duringhis/her term of office.

22:05 Paid Bereavement Leave

Subject to Clause 22:05 (c), an employee shall be entitled to bereavement leavewith pay as follows:

(a) In the case of the death of an employee's mother, father, brother, child,sister, spouse, legal guardian, common-law spouse, fiancee,grandmother, grandfather, grandchild, mother-in-law, father-in-law, ornear relative living in the same household, three (3) consecutive days.

(b) In the case of his/her son-in-law, daughter-in-law, brother-in-law, orsister-in-law, one (1) day.

(c) If the death of a relative referred to in Clause 22:05 (a) occurs outsidethe Province, the employee may be granted leave with pay not exceedingfour (4) consecutive days for the purpose of attending the funeral.

(d) In cases where extraordinary circumstances prevail, the Employer athis/her discretion, may grant special leave with pay for bereavement upto a maximum of two (2) days in addition to that provided in Clauses22:05 (a), (b) and (c).

8/2/2019 Chartwells 2008-2012


32

22:06 Maternity Leave

(a) Subject to Clause 22:06 (b), an employee may request maternity leavewithout pay to start not earlier than three (3) months prior to the expecteddate of delivery and the employee shall be granted maternity leave in

accordance with this Clause.

(b) An employee may be permitted to commence maternity leave at thebeginning of her sixth (6th) month of pregnancy. The maximum maternityleave allowed under this Clause shall be thirty-three (33) weeks in total,however, upon the advice of her physician, additional maternity leavemay be granted at the discretion of the Employer and such a request shallnot be unreasonably denied.

(c) The employee shall resume her former position and salary upon returnfrom maternity leave, with no loss of accrued benefits.

(d) The employee may return to duty after two (2) weeks' notice of herintention to do so on production of a satisfactory certificate of fitnessfrom her physician.

(e) An employee may be awarded sick leave for illness that is a result of ormay be associated with pregnancy before commencing maternity leave.

(f) While on maternity leave, employees shall continue to accumulate servicefor seniority and annual leave purposes only (no retroactive application).

(g) An employee who applies for a position in accordance with Clause 15:01while on maternity leave shall be considered for that job posting inaccordance with the provision of Clause 15:04. If the employee onmaternity leave is successful, her trial period shall start upon her return towork.

(h) Upon written request to the Employer from the employee who is onmaternity leave, job postings shall be forwarded to the employee.

22:07 Adoption Leave

(a) Subject to the approval of the Employer, special leave without pay for amaximum period of thirty-three (33) weeks shall be granted to anemployee who legally adopts a child and upon presentation of proof of adoption. While on adoption leave, employees shall continue to earnservice for seniority and vacation purposes. Such leave shall not beunreasonably denied.

8/2/2019 Chartwells 2008-2012


33

(b) The employee shall resume his/her former position and salary uponhis/her return from adoption leave with no loss of accrued benefits.

(c) The employee may return to duty after two (2) weeks' notice to theEmployer.

22:08 Paid Jury or Court Witness

The Employer shall grant leave of absence without loss of pay, seniority, oraccumulative benefits to an employee who serves as a juror or witness in anyCourt. The employee will present proof of service that he/she attended as a juroror witness. Any remuneration the employee receives from the Courts will beover and above his/her pay and benefits from the Employer. An employee willsuffer no loss of pay or accumulative benefits for time spent as a Court witnessin any matter arising out of his/her employment. Any money received by theemployee for serving on a jury will be returned to the Employer.

22:09 Education Leave

An employee who is upgrading his/her employment qualifications through anEmployer approved upgrading course shall be entitled to leave of absencewithout loss of pay and benefits to write examinations required by such course.

22:10 General Leave

With the approval of the Employer, an employee may be granted leave of absence without pay and without loss of seniority in exceptional circumstances,

provided that the employee has no current or accumulated annual leaveavailable to him/her.

22:11 Extended Unpaid Leave

Upon written request a permanent employee who has completed three (3) yearsof service shall be granted leave to a maximum of twelve (12) months withoutpay or seniority and without loss of accumulated seniority and benefits providedthat such leave shall not cause an unreasonable interference with the Employer'soperation. An employee shall be entitled up to a maximum of twelve (12)months unpaid leave for each five (5) years of service with the understanding

that no employee can have more than twelve (12) consecutive months of unpaidleave at any one time. Employees shall not be subject to any benefits of thisAgreement during this period. The minimum amount of unpaid leave anemployee may request under this Clause is sixteen (16) weeks.

8/2/2019 Chartwells 2008-2012


34

22:12 Family Leave

An employee who regularly works in excess of twenty (20) hours per week duringthe academic term shall be granted leave with pay for the following:

(a) to attend to the temporary care of a sick close family member;

(b) to attend the needs related to the birth or the adoption of anemployee’s child;

(c) to attend to the needs related to home or family emergencies;

(d) accompany a dependent close family member on a dental ormedical appointment.

22:13 To qualify for family leave the employee shall:

(a) provide the Employer with as much notice as is reasonable andpossible;

(b) provide the Employer with valid reasons why leave is required;

(c) make every reasonable effort to avoid taking leave by schedulingappointments for off duty hours, switching shifts with another employeeor attempting to obtain assistance from agencies that could provideassistance; and

(d) take only such leave to a maximum of seven and one-half (7 1/2) hours

annually as is reasonably required to attend to the problem.

ARTICLE 23 PAYMENT OF WAGES AND ALLOWANCES

23:01 Availability of Salary Cheques

It is agreed that salaries will be paid every second Monday. Overtime pay will beincluded in the regular pay cheque for the pay period next succeeding the payperiod during which the overtime was earned.

23:02 Pay on Temporary Transfer to Higher Position

a) An employee who is temporarily assigned by the Employer to a positionfor which a higher rate of pay is applicable will receive the salary rate forthe assigned position in accordance with the promotional procedure,provided that he/she fills the position for a period of at least one (1) day.

8/2/2019 Chartwells 2008-2012


35

(b) Transfers within the bargaining unit shall be on the basis of senioritywhere ability and qualifications are equal.

23:03 Pay on Temporary Transfer, Lower Rated Job

An employee who is temporarily assigned by the Employer to the position forwhich a lower rate of pay applies shall not have his/her rate of pay reduced.

23:04 Vacation Pay

An employee with more than one (1) year of service or an employee who hasearned at least two (2) weeks' vacation, upon giving at least three (3) weeks'notice prior to the payday preceding the office day on which he/she wishes toreceive his/her advance payment, shall receive prior to commencement of his/herannual vacation any regular pay cheque (s) which may fall due during his/hervacation. Vacation pay shall be on a separate cheque.

23:05 Transportation

Effective date of ratification, the Employer agrees to give the Van Driver tendollars ($10.00) for one-half day and seventeen dollars and fifty cents ($17.50)per day at any time the Van Driver is required to use his/her own vehicle.

ARTICLE 24 GENERAL INTERPRETATION

24:01 Plural or Feminine Terms

Whenever the singular or masculine is used in this Agreement, it shall beconsidered as if the plural or feminine has been used where the context of theparty or parties hereto so require.

24:02 For the purpose of this Agreement:

(a) "Assistant Vice President" - The Executive Officer of the Employer or theofficial authorized by him/her to act on his/her behalf.

(c) "Bargaining unit" means the bargaining unit recognized in accordance

with Article 3.

(c) "Classification" means the identification of a position by reference to aclass title and pay.

(d) "Day of rest" means a day on which the employee is not ordinarilyrequired to perform the duties of his/her position other than:

8/2/2019 Chartwells 2008-2012


36

(i) a designated holiday;

(ii) a calendar day on which the employee is on leave of absence.

(d) "Day" means a working day unless otherwise stipulated in this

Agreement.

(f) "Demotion" means an action which causes the movement of an employeefrom his/her existing classification to a classification carrying a lowerpay.

(g) "Employee" or "employees" - an employee means any person employedin a position which falls within the bargaining unit.

(h) "Employer" means Compass Group Canada (Chartwells) Ltd at MemorialUniversity.

(i) “Holiday” means the twenty -four (24) hour period commencing at 0001hour of a calendar day designated as a holiday in this Agreement.

(j) "Layoff' means the period of time where an employee is not employedbecause of lack of work or because of the abolition of a post. Anemployee shall retain all recall rights in accordance with Article 16.

(k) "Leave of absence" means absence from duty with the permission of theEmployer.

(l) "Month of service" means a calendar month in which an employee is inreceipt of full salary or wages in respect of the prescribed number of working hours in each working day in the month and includes acalendar month in which an employee is absent on special leave withoutpay not in excess of twenty (20) working days.

(m) "Notice" means notice in writing which is hand delivered or delivered byregistered mail.

(n) Part-time employee" means a person who works less than twenty (20)hours per week.

(o) "Permanent employee" means an employee who has completed his/herprobationary period and is employed on a full time basis withoutreference to any specific date of termination of service.

(p) "Promotion" means an action which causes the movement of an employeefrom his/her existing classification to a classification carrying a higherpay.

8/2/2019 Chartwells 2008-2012


37

(q) "Reclassification" means any change in the current classification of anexisting position.

(r) "Service" means any period of employment either before or after the date

of signing of this Agreement in respect of which an employee is in receiptof salary or wages from the Employer and includes periods of specialleave without pay not exceeding twenty (20) working days in theaggregate in any year unless otherwise specified in this Agreement.

(s) "Week" means the period from 0001 hours Sunday to 2400 hours thefollowing Saturday, inclusive.

(t) "Vacancy" means an opening which is either permanent, part-time or of atemporary nature (for more than eight (8) weeks as outlined in Clause15:03).

(u) "Sexual harassment" means any sexual advance that threatens a worker's job or wellbeing.

(v) "Special function" means any food service that requires the service of atrained waitress to work on banquets, weddings, cocktail parties. It doesnot include any function that is presently performed by bargaining unitpersonnel such as food service lines, cafeterias and cash units.

(w) "Full time employee" means a person who holds one of the (n=x)positions described in Clause 17:01 (a) (ii).

ARTICLE 25 EMPLOYEE BENEFITS

25 :01 All current employees who have regularly worked over twenty (20) hours perweek in two (2) consecutive school years will be covered by the COMPASSGROUP CANADA (Chartwells) Limited Group Insurance Plan (The Plan). Inorder to maintain eligibility in The Plan, eligible employees must continue towork over twenty (20) hours per week in subsequent school years.

The school year is defined as September 1 st until April 30 th.

25:02 Employees shall be covered in accordance with the Provincial Workers' CompensationAct. An employee who has completed his/her probationary period and who is injuredon duty will receive the difference between what would have been the employee's regularearnings during the period excluding overtime, and the compensation paid to theemployee by the Workers' Compensation Commission.

8/2/2019 Chartwells 2008-2012


38

25:03 This shall not apply in any case where a permanent disability is established and a finalaward made, and such difference will not be paid by the Employer if the occupationalaccident occurred as a result of the employee's misuse of, or failure to use, necessarysafety equipment, or his/her failure to follow prescribed work procedures. In no caseshall this supplement be payable during a normal layoff.

25:04 The Employer shall continue to pay all salaries for persons on Workers' Compensation.The employee will reimburse the Company when he/she receives his/her cheque fromthe Workers' Compensation Commission. The Employer will only advance an employee'sWorkers' Compensation portion of pay to the extent of the employee's leaveaccumulation.

25:05 Pensions

Effective April 1, 1991, the Employer shall offer a money purchase pensionplan integrated with the CPP; the plan to be administered by a recognized trust

company for full-time employees with more than six (6) months of continuousemployment. Effective April 2, 1992, the Employer shall contribute on behalf of each such full-time employee up to six percent (6%) of the employee's gross bi-weekly earnings, inclusive of CPP, to the money purchase plan, and each suchemployee shall contribute to the plan, inclusive of CPP, up to six percent (6%)of his/her gross bi-weekly earnings.

ARTICLE 26 TECHNOLOGICAL CHANGE

26:01 Advance Notice

Before the introduction of any technological change or new method of operationwhich affects the rights of employees, conditions of employment, wage rates orworkloads, the Employer shall notify the Association of the proposed change.

26:02 Consultation

Any such change shall be made only after the Association and the Employerhave discussed the matter. The discussion shall take place within twenty-one(21) days of the Employer's notification to the Association.

26:03 In the event the Employer should introduce new methods or machines which requirenew or greater skills than are possessed by employees under the present method of operation, such employees shall be given a reasonable period of time during whichthey may perfect or acquire the skills necessitated by the new method of operation. There shall be no change in wage or salary rates during the training periodof any such employees.

8/2/2019 Chartwells 2008-2012


39

ARTICLE 27 CONTRACTING OUT

27:01 The Employer shall not contract out bargaining unit work except in a breakdownof equipment or a fire.

ARTICLE 28 UNIFORM AND CLOTHING ALLOWANCE

28:01 Uniform Requirements

If the Employer requires the employees to wear uniforms, then the Employerwill issue three (3) uniforms per year at no cost to the employees. The Employerwill replace a uniform piece that it deems necessary to replace. The Employerwill place the order for new uniforms on or before September 30 th of eachschool year.

28:02 Uniform Style

Uniforms shall be of the type and design approved by the Employer.

28:03 Care of Clothing

Employees who do not take reasonable care of Employer owned clothing maybe required by the Employer to replace such clothing at their own expense.

28:04 Restrictions on Use

Employees shall not wear uniforms and coveralls provided by the Employerwhen off duty.

28:05 The Employer agrees to pay thirty cents (30¢) per shift worked up to a maximumof one dollar and fifty cents ($1.50) per week to be paid on April 1 of each year for thelaundering of clothing.

28:06 The Employer shall provide a parka for use by employees who are required to work on the loading dock.

28.07 The Employer may, under special circumstances, authorize an employee to have

uniform items altered and the Employer will reimburse the employee the cost of the alterations to a maximum of thirty dollars ($30.00) per year upon presentationof a suitable receipt.

28.08 The Employer will supply appropriate rain wear for the use of the Van Driverswhile at work. The rain wear will remain at the unit.

8/2/2019 Chartwells 2008-2012


40

ARTICLE 29 GENERAL CONDITIONS

29:01 Proper Accommodation

Where possible, proper accommodations shall be provided for employees to have

their meals and store and change their clothes.

All employees working on an unsanitary or dangerous job shall be supplied withall necessary tools, safety equipment and protective clothing. The Employer willendeavour, whenever possible, to provide locker space for the protection of clothing.

The Employer shall make every reasonable effort to have Memorial Universitypartition an area of the main dining hall for the exclusive use of the employees forthe sole purpose of eating meals or taking breaks. It is understood that such apartition will be of a temporary nature and will be removed at times when the

University requires the space for its own purposes.

29:02 Bulletin Boards

The Employer shall provide separate bulletin boards for the exclusive use of theAssociation placed so that all employees will have access to them and uponwhich the Association shall have the right to post notices of Associationbusiness. Other notices shall be subject to approval of the Employer.

29:03 Safety Boots

When the Company requires Van Driver(s) and/or Storeroom Keeper(s) to wearCSA approved safety boots, the Company will reimburse the Van Driver(s)and/or Storeroom Keeper(s) up to a maximum of one-hundred dollars ($100.00)towards the purchase once every two (2) years upon presentation of a suitablereceipt.

29:04 Joint Occupational Health and Safety Committee

(a) There shall be established a joint Occupational Health and SafetyCommittee consisting of two (2) representatives of the Employer and two(2) representatives of the Association. Each of the parties shall select their

own representatives in the manner of their own choosing and at suchtimes and for such periods as each respective party deems appropriate.

(b) The Committee shall meet at such times as there is business to discuss butthe Committee shall not meet more than once per month. There shall beno form of discriminatory action against representatives of theAssociation who are members of the joint Health and Safety Committee.Representatives of the Association who are members of the Committee

8/2/2019 Chartwells 2008-2012


41

shall be permitted to enter and remain in all areas of the Employer'soperations where employees are regularly employed for the purposes of carrying out inspections and/or becoming familiar with the types of work and methods of work provided that the presence of the Committeemember does not unduly interfere with production, invade privacy or

interfere with the Employer's normal and usual business operations.Representatives of the Association who are members of the Committeeshall automatically be allowed time off with pay in order to attend to theirduties as a Committee member.

29:05 The Employer and the Union agree to be bound by the Newfoundland HumanRights and the Newfoundland Workplace Health, Safety and compensation Act.

ARTICLE 30 EFFECT OF LEGISLATION

30:01 Continuation of Acquired Rights

All provisions of this Agreement are subject to applicable laws now or hereafterin effect. If any law not existing or hereafter enacted or proclamation orregulation shall invalidate any portion of this Agreement, the entire Agreementshall not be invalidated and the existing rights, privileges and obligations of theparties shall remain in existence, and either party, upon notice to the other, mayre-open the pertinent parts of the Agreement so that the portions thus invalidatedmay be amended as required by law.

ARTICLE 31 COPIES OF AGREEMENT

31:01 Cost of Printing

The Association and the Employer desire every employee to be familiar with theprovisions of this Agreement and his/her rights and obligations under it. For thisreason, the Employer shall print, at a cost to be equally shared between theAssociation and the Employer, sufficient copies of the Agreement within thirty(30) days of signing.

ARTICLE 32 SEXUAL HARASSMENT

32:01 Sexual Harassment

The Company and the Union agree to take every reasonable action to eliminatesexual harassment that is a threat to a person's well-being in the workplace.

8/2/2019 Chartwells 2008-2012


42

32:02 Complaints under this Article will be dealt with by the Employer and the Unionwith all possible confidentiality. In settling the complaint every effort will bemade to discipline the harasser, not the victim.

32:03 In cases of harassment that have not been settled to the satisfaction of either

party, the complaint can be taken to Step 3 of the Grievance Procedure.

ARTICLE 33 JOB DESCRIPTION AND CLASSIFICATION

33:01 Job classifications are set out in Schedule "A" of this Agreement. They shall notbe changed or altered without the agreement of the Union. A copy of all jobclassification/descriptions shall be supplied to the Union.

ARTICLE 34 DURATION OF AGREEMENT

34:01 Except as otherwise provided in Clause 34:01, or as provided for in a specificArticle, this Agreement shall be effective April 1, 2008 and subject to Clause34:02, shall remain in full force and effect until March 31, 2012

34:02 Agreement to Remain in Effect

This Agreement shall remain in full force and effect during negotiations for arevision or removal of the terms of this Agreement and until such time as it isreplaced by a new or revised Collective Agreement.

Notwithstanding the above, the parties shall retain their legal right to lockout orstrike in accordance with the Labour Relations Act.

34:03 Notice of Termination of Amendment

Either party to this Agreement may, within the one hundred and twenty (120)calendar days period immediately prior to the expiration of this Agreement,issue notice to the other party of its desire to terminate or amend the Agreement.Following notice, the other party is required to enter into negotiations for a newAgreement within thirty (30) calendar days of receipt of notice.

ARTICLE 35 CASH SHORTAGES AND TIPS

35:01 No employee may be required to make up cash register shortages or besuspended or reprimanded for cash register shortages unless he/she is given theprivilege of checking the money and daily receipts upon starting and completing thework shift and unless the employee has exclusive access to the cash register duringthe work shift except as specified below.

8/2/2019 Chartwells 2008-2012


43

35:02 No employee may be required to make up register shortages when managementexercises the right to open the register during the employee's work shift unless theregister is opened in the presence of the employee and the employee is given theopportunity to verify all withdrawals and/or deposits.

35:03 All tips or gratuities shall belong to the employees concerned.

********************************

8/2/2019 Chartwells 2008-2012


44

SCHEDULE “A” WAGES

SCHEDULE A

Current Apr 1/08 Apr 1/09 Apr 1/10 Apr 1/11

Cook II $16.23 $17.53 $18.23 $18.96 $19.91

Cook I/Baker I $15.90 $17.17 $17.86 $18.57 $19.50

Cook Helper $15.18 $16.39 $17.05 $17.73 $18.62

Vending Tech $15.90 $17.17 $17.86 $18.57 $19.50

Baker II $16.23 $17.53 $18.23 $18.96 $19.91

Lead Hand I $15.90 $17.17 $17.86 $18.57 $19.50

FSW $15.71 $16.97 $17.65 $18.35 $19.27

Van Driver $15.90 $17.17 $17.86 $18.57 $19.50

Lead Hand II (Res) $16.09 $17.39 $18.09 $18.82 $19.77

Lead Hand II (Cash) $16.09 $17.39 $18.09 $18.82 $19.77

The Employer agrees to provide the same percentage wage increases or decreases to the current rates of pay at thesame intervals, as may be agreed and received between NAPE and the Newfoundland and Labrador Health BoardsAssociation from the support staff bargaining unit.

Anyone appointed or promoted to Cook II and Baker II categories must have documented industry papers.

Food Service Worker salary is calculated as the mid-point between the Food Service Worker I (HS-19) and FoodService Worker II (HS-20).

Lead Head II salary is fourteen cents (.14¢) below the Cook II salary.

DURATION

April 1, 2008 to March 31, 2012

***************************

8/2/2019 Chartwells 2008-2012


45

IN WITNESS WHEREOF the parties hereto have executed this Agreement this dayof .

SIGNED ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES .

Witness

SIGNED ON BEHALF COMPASS GROUP CANADA (Chartwells) Limited,(MEMORIAL UNIVERSITY):

Witness

8/2/2019 Chartwells 2008-2012


46

LETTER OF UNDERSTANDING #1N.A.P.E. LOCAL 7811 - COMPASS GROUP CANADA (Chartwells)Limited

It is COMPASS GROUP CANADA (Chartwells) Limited intention during major layoff periods,such as summer, fall, Christmas and winter breaks, that we will follow the practice of Clause16:01 (b).

In the case of a reduction in hours affecting the employee for more than five (5) working days,each employee affected will be notified in writing. Employees will have the right to bump inany classification up to five (5) working days of the notice of reduction of hours in which theyare qualified to perform the work required.

Both parties agree that this understanding will be on a trial basis for one (1) year.

FOR THE UNION : FOR THE EMPLOYER :

Date :

8/2/2019 Chartwells 2008-2012


47

LETTER OF UNDERSTANDING #2

N.A.P.E. LOCAL 7811 - COMPASS GROUP CANADA (Chartwells) Limited

During the negotiations for the Collective Agreement between the parties effective from April 1, 1996through March 31, 1999, and during the year 2001 negotiations, certain additional understandings andagreements were reached. The parties have agreed to renew this Letter of Understanding for the termof this Agreement from April 1, 2008 until March 31, 2012.

These understandings and agreements are as follows:

1. When a statutory holiday occurs and some units are closed for the holiday, if the people involved

are the senior people they should be asked if they want to work in a unit that is going to be opened.

The employees so displaced, will be offered the choice of making up for that day, by displacing

other employees less senior than them in other schedules at their regular rate of pay.

2. The Employer will make every reasonable effort to advance delivery of T-4 slips. The Employer

will issue the records of earnings locally in a timely manner.

3. The Employer, in cooperation with other bargaining unit staff, will make every effort to

accommodate pregnant women reasonably, on a case by case basis.

4 The Employer will approach the University again to attempt to secure eating space.

4. All payroll cheques will be issued in envelopes.

6. The Employer will review individual cases of problems with Weekly Indemnity and assist where

necessary.

FOR THE UNION : FOR THE EMPLOYER :

chartwells 2008-2012

Documents