collective agreement between aramark canada ltd. at sienna ... and foo… · senior living located...

Collective Agreement

Between

Aramark Canada Ltd.

At

Sienna Senior Living

(located at 835 West Ridge Blvd. in the Town of Orillia)

(hereinafter referred to as the "Employer")

-and-

UFCW Canada, Local 175 & 633

(hereinafter referred to as the "Union")

Effective from December 1, 2015 until November 30, 2020

Table of Contents

ARTICLE 1 -PURPOSE ............................................................................................................... 3 ARTICLE 2- SCOPE AND RECOGNITION .............................................................................. 3 ARTICLE 3- MANAGEMENT RIGHTS .................................................................................... 4 ARTICLE 4- UNION SECURITY ............................................................................................... 4 ARTICLE 5- DISCRIMINATION AND HARASSMENT .......................................................... 6 ARTICLE 7- UNION REPRESENTATION ................................................................................ 7 ARTICLE 8- GRIEVANCE AND ARBITRATION PROCEDURE ............................................ 9 ARTICLE 9- DISCIPLINE AND DISCHARGE ....................................................................... 11 ARTICLE 10- SENIORITY ........................................................................................................ 11 ARTICLE 11- JOB POSTING .................................................................................................... 13 ARTICLE 12- LAYOFF AND RECALL ................................................................................... 14 ARTICLE 13- LEAVE OF ABSENCE ...................................................................................... 15 ARTICLE 14- HOURS OF WORK AND OVERTIME ............................................................ 17 ARTICLE 15- TRANSFER BETWEEN WORK UNITS/LOCATIONS .................................... 20 ARTICLE 16 -PAID HOLIDAYS .............................................................................................. 20 ARTICLE 17 -PAID VACATIONS ........................................................................................... 21 ARTICLE 18 -HEALTH AND SAFETY & WORKERS COMPENSATION .......................... 22 ARTICLE 19-HEALTH AND WELFARE ............................................................................... 22 ARTICLE 20- RRSP ................................................................................................................... 22 ARTICLE 21- WAGE RATES AND CLASSIFICATIONS ...................................................... 23 ARTICLE 22- GENERAL ........................................................................................................... 23 ARTICLE 23- DURATION OF AGREEMENT ........................................................................ 24 APPENDIX A ............................................................................................................................... 26 Letter of Understanding #1 ........................................................................................................... 29 Letter of Understanding #2 ........................................................................................................... 30 Letter ofUnderstanding #3 ........................................................................................................... 31 Letter of Understanding #4 ........................................................................................................... 32

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ARTICLE 1 - PURPOSE

1.01 This Agreement is designed specifically to provide orderly collective bargaining relations between the Company and its employees who are subject to the provisions of this Collective Agreement to secure prompt and equitable disposition of grievances. Furthermore, it is mutually understood and agreed that any action which is instituted for the purpose of defeating or circumventing the intent and purpose of this agreement shall not be condoned by either of the parties signatory hereto.

1.02 The parties are agreed that in accordance with the general purpose of this agreement it is mutually advantageous that the Company operates in an efficient and profitable manner under methods which will further to the fullest extent possible the level of service to the client, the economy of operation, the quality and quantity of output, the cleanliness of the premises and the protection of property.

ARTICLE 2 -SCOPE AND RECOGNITION

2.01 The Company agrees to recognize the Union as the sole and exclusive bargaining agent for all employees of Aramark Canada Ltd. employed at Sienna Senior Living located at 835 West Ridge Boulevard in the Town of Orillia and the region of Simcoe County, in the Province of Ontario, save and except supervisors and those above the rank of supervisor, office and clerical staff.

2.02 Employees who are not covered by this collective agreement shall not perform bargaining unit work of employees who are included in this collective agreement, except for the purposes of instruction, experimenting, emergencies, or when regular employees are not available.

2.03 No employee covered by this collective agreement will be permitted to enter into an agreement with the Employer or his representatives which may conflict with the terms of this collective agreement.

2.04 The term "employee" as used in this agreement shall be construed to include only the classifications of employees set forth in this article and Schedule "A" and shall not be construed to include any other employees of the Employer in any of the Employer's other divisions, branches or components.

2.05 For the purposes of interpretation, whenever the masculine gender is used in this agreement it shall be deemed to include the feminine.

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ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges and agrees that the Employer shall continue to reserve all the rights, powers and authority to manage and direct its working forces, without restricting the generality of the foregoing, such rights of the Employer shall include the right to:

(a) Maintain order, efficiency and discipline; operate the facility in a business like manner;

(b) Hire, discharge, direct, transfer, classify, promote, demote, layoff and suspend or otherwise discipline non-probationary employees, provided that a claim by a non-probationary employee that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided;

(c) Generally to manage the industrial enterprise in which the Employer is engaged, and to exercise all the rights of management except to the extent that such rights are modified by this agreement, to determine the services to be rendered, the kinds of machines to be used, the method of operating, and control of materials or goods to be used;

(d) Generally manage the industrial enterprise and without restricting the generality of the foregoing, to determine the number of personnel required from time to time, reasonable standards of performance for all employees, the methods, procedures and equipment to be used, the extension, limitations, curtailment or cessation of operations not otherwise specifically dealt with in this agreement. The Employer agrees that these functions will be exercised in a manner consistent with the provisions of this agreement during working hours provided that such rules and regulations are not inconsistent with the provisions of this agreement;

(e) The Employer is the only organization authorized to direct employees work and to impose any form of discipline on the employees covered in this agreement.

ARTICLE 4- UNION SECURITY

4.01 (a) All current employees of the Employer, and those hired on or after date of ratification shall become and thereafter remain members of the Union in good standing as a condition of employment.

(b) The employer shall remit to the Union, within fifteen (15) calendar days following date of hire, the United Food and Commercial Workers Union Canada, Local 175 Membership Application Form signed by the new employee.

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4.02 (a) (i) The Employer shall, during the term of this Agreement, as a condition of employment, deduct from members of the bargaining unit, the regular weekly Union Dues and such Dues shall be remitted to the Union, in the format outlined in 4.02 (b) below, prior to the fifteen (15th) of the month following the month in which such deduction is made.

(ii) The Employer shall collect membership application forms and initiation fees as may be established by the Union and forward any application forms and such fees to the Union with the regular monthly dues remittance.

(b) The remittance statement shall be documented by location containing a dues and initiation report which shall be provided in the form of e-mail ([email protected]) or on a computer diskette as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in "Excel", "Quattro Pro", "Lotus", or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and will provide the following current information as known to the company:

1. S.I.N. 2. Employee Number if applicable 3. Full Name (Last/First/Initials) 4. Full Address, including City and Postal Code 5. Telephone Number (including area code) 6. Date of Hire 7. Rate of pay 8. Classification 9. Full time or Part time designation 10. Union dues deducted (or the reason a deduction was not made). If

dues are deducted weekly, report requires five (5) columns for reporting.

11. Total dues Deducted 12. Back Dues Owing 13. Vacation Pay Breakdown of Dues owing 14.1nitiation Fees Deducted 15. Total Initiation Fees Deducted

(c) The Employer agrees to record the annual Union dues for each employee on his T4 form.

4.03 The Union shall provide the Employer with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

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4.04 The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection and remittance of such dues.

4.05 The Employer agrees to acquaint new employees with the fact that a Union Agreement is in effect and with conditions of employment.

4.06 The Company agrees to introduce new employees to the Union Steward and the Steward will provide the employee with a copy of the Collective Agreement.

ARTICLE 5- DISCRIMINATION AND HARASSMENT

5.01 The Employer and the Union agree that no discrimination or harassment of any kind will be tolerated in the workplace. This shall include but not be limited to race, religion, colour, creed, nationality, national origin, sex, sexual orientations, place of residence, marital or parental status, physical or mental disability or union affiliation or activity.

5.02 The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee's membership or non-membership in the Union or because of his/her activity or lack of activity in the Union.

ARTICLE 6- NO STRIKE(S) OR LOCKOUT(S)

6.01 It is agreed that during the term of this agreement neither the Union, its officers or members, shall instigate, call, sanction, condone or participate in any strike, sitdown, stay-in, walkout, slowdown, stoppage or curtailment of work, picketing or willful interference with work or receipt or shipment of materials, and that there shall be no lockout of employees of the Employer.

6.02 It is further agreed that during the term of this agreement or beyond the termination hereof or beyond the termination date of any extension thereof, employees shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work except as provided by law.

6.03 Any outstanding vacation entitlement will be paid after June 301h in any year in

accordance with Article 18.

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ARTICLE 7- UNION REPRESENTATION

7.01 The Union may elect or otherwise appoint two (2) stewards at the workplace for the purpose of assisting employees in presenting grievances to the company as set forth in this agreement.

7.02 The Union shall keep the Company notified in writing of the name of the Steward and the Business Representative and the effective date of their appointment. The Company shall not be required to recognize a Steward or Business Representative until so notified in writing of his election or appointment.

7.03 No Steward or Union Representative shall exercise or attempt to exercise any authority or control over the functions of management as set forth in Article 2 hereof.

7.04 It is agreed that the Steward shall continue to perform his regular work in order to maintain efficiency of operations. However, in accordance with this understanding, should it be necessary to assist an employee in presenting a grievance during working hours, he will not leave his work without first obtaining permission from his supervisor or his designate, which will not be unreasonably withheld. Should the Steward find it necessary to assist employees in presenting a grievance during a shift when there is no supervision, the Union agrees that the Steward will not abuse his privilege under this paragraph, by absenting himself from work in an unreasonable manner and for more time than reasonably required to handle the grievance.

7.05 It is agreed that the Steward will not absent himself from work unnecessarily during working hours for the purpose of presenting grievances. In return for this undertaking, the Company will compensate the Steward at his regular straight time hourly rate for the time spent during his regular working hours for such purposes, provided the procedure under clause 7.04 is followed. The Company reserves the right to limit the time spent in the presentation of a grievance if it deems the time taken to be excessive. This section is not to be interpreted in such a manner as to disqualify the Steward from premium rates if he is so entitled.

7.06 The parties agree that where possible the Steward will conduct Union business after working hours so as to minimize disruption to the workplace.

7.07 The Company and Union agree they shall comply with the provisions of the Ontario Human Rights Code. The Company and Union agree that there shall be no discrimination, interference, restriction or coercion as a result of an employee's membership or activities in the Union or lack thereof.

7.08 The Company will recognize a Union negotiating committee of not more than two (2) employees in the workplace. The parties agree that they shall alternate in the payment of wages of the Union Negotiating Committee by Contract renewal year,

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with the Company responsible for the payment of the Union Committee in this contract renewal.

7.09 No individual employee or group of employees shall undertake to represent the Union at meetings with the Company without proper authorization of the Union. In order that this may be carried out, the Union will supply the Company with the name of its Business Representative.

7.10 Any employee, who so desires it, shall have the right to review his personnel record in the presence of the Union Steward and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management.

7.11 The bargaining unit employees have the right, at any time, to have the assistance of a Business Representative of the United Food and Commercial Workers International Union when dealing with the Company. The Union realizes that the Company does not own the premises in which the employees work. Consequently, if a Business Representative needs to meet with a Steward or an Employee, he will first notify the Location Food Service Manager or delegate to seek approval for the visit and the time of the visit. Such approval will not be unreasonably withheld. During an approved visit, it is understood that the Business Representative must be accompanied by the Food Service Manager or delegate when travelling within the building to resident home areas. However, the accompaniment of the Food Service Manager will not apply to common areas and main kitchens. Such visits shall not unduly interfere with the Company's operations.

7.12 If there is a meeting with an employee and the Employer which is a disciplinary meeting, the employee shall have the right to have a Union Steward present if available or another member of the bargaining unit of the employee's choice if the Steward is not available. If the Employer denies this right for representation, the meeting shall be void.

7.13 The Employer and the Union agree to equally defray the cost of the conference room for the purposes of negotiating a Collective Agreement.

7.14 The Employer and the Union agree to equally defray the cost of printing and publishing a Collective Agreement in booklet form.

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ARTICLE 8 - GRIEVANCE AND ARBITRATION PROCEDURE

8.01 A grievance will be defined as any difference, dispute, or complaint arising from the interpretation, administration, application, or alleged violation of this Collective Agreement, and will be addressed in accordance with the following procedure:

STEP ONE

An employee who has a complaint or question shall discuss the matter with the Food Services Manager or designate within five (5) working days of the action giving rise to the complaint or question. The employees may be accompanied by a Steward if they so desire. If the two parties do not reach an understanding, then the next step of the grievance procedure may be invoked.

STEP TWO

The grievance shall be submitted in writing to the Food Service Manager or Designate within ten (1 0) calendar days of the time the employee or the Union should reasonably have known of the occurrence of the event upon which the grievance is based. The Food Service Manager and the Steward shall endeavour to arrange a satisfactory settlement with ten (1 0) calendar days. If such a settlement cannot be reached then the next step of the grievance procedure may be invoked.

STEP THREE

Two copies of the written grievance shall be forwarded to the Food Services Manager or Designate and the Local Union Business Representative. The District Manager or Designate and the Local Union Business Representative shall confer and try to reach settlement within ten (1 0) calendar days, or any other such time period they may agree upon.

If the matter is settled at any step in the grievance procedure, the settlement shall be stated, in writing, and signed by the Food Services Manager or Designate and the Local Union Business Representative. Failing settlement the Food Services Manager or Designate shall provide a written response within five (5) days.

8.02 Group Grievance The Company will recognize a group grievance as one, which affects more than one employee with respect to whom the issues and facts are the same. A group grievance shall commence at Step No. 1.

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8.03 Policy Grievance The Company or the Union may file a policy grievance directly at Step No. 2 of the grievance procedure. The parties agree to meet within five (5) working days of such grievance being lodged.

8.04 A claim by an employee who has completed his probationary period that he has been discharged from his employment without just cause shall be treated as a grievance, if a worded statement of such grievance is lodged with the District Manager or his designate within five (5) working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step No. 2 will be omitted in such cases.

8.05 The Company and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Company. The Company and Union further agree that probationary employees shall not have access to the grievance and arbitration procedure with respect to their discharge.

8.06 Disputes that are carried to arbitration shall be heard before an arbitration panel, or if the parties so agree, a sole arbitrator.

8.07 When either party requests that a grievance be submitted to arbitration as herewith provided, it shall notify the other party within fifteen (15) calendar days of the decision at Step No. 3. The Company and the Union shall attempt to agree to a chairperson within fifteen (15) calendar days. Should the parties be unable to agree to a chairperson, the matter shall be referred to the Labour Management Arbitration Commission for determination.

8.08 When the Chairperson has selected a date, it is the sole responsibility of the respective parties to this Agreement to have their board member at the hearing. Should one or both parties' board members fail to show up, then the case will be heard by those members of the board that are in attendance along with the Chairperson.

8.09 No person may act as a board member who has been involved in an attempt to negotiate or settle a grievance.

8.10 The decision of a majority of the Board of Arbitration, failing a majority decision or in the case of a sole arbitrator, the decision of the Chairperson will be final and binding upon the parties hereto.

8.11 Each of the parties hereto will bear the expenses of its board member to the Board of Arbitration, the parties will jointly bear the fees and expenses of the Chairperson or sole arbitrator.

8.12 The Arbitration Board shall not have the power, nor shall it be authorized to make any decision inconsistent with the provisions of this Agreement, not to alter, modify or amend any of this Agreement, nor to add to or subtract from this

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Agreement, but shall base its decision on the contractual rights of the parties as disclosed by this Agreement.

8.13 No matter shall be submitted to arbitration that has not properly been carried through all previous steps of the grievance procedure.

8.14 Any and all time limits referred to under the Grievance and Arbitration Procedures herein, may at any time, be extended by written agreement between the Company and the Union.

ARTICLE 9- DISCIPLINE AND DISCHARGE

9.01 A claim by an employee who has completed his probationary period that he has been discharged from his employment without reasonable cause shall be treated as a grievance, if a written statement of such grievance is lodged with the District Manager or his designate within five (5) working days after the employee ceases to work for the Employer. All preliminary steps of the grievance procedure prior to Step 2 will be omitted in such cases.

9.02 The Employer and the Union agree that the decision whether or not to retain probationary employees is at the sole discretion of the Employer.

9.03 The Employer agrees that whenever an interview is held with an employee regarding his work or conduct, which becomes part of his record, the Union Representative (and/or his designate) shall be present at such interview. The party representing the Union will leave the meeting if requested to leave by the employee. Notwithstanding, if no Union Representative is available the employee has the right to have an alternate representative of his choice, from his coworkers, to attend the meeting.

9.04 All disciplinary warnings or reprimands which are placed in an employee's record and all notices of demotion for cause, discharge or suspension, shall be in writing and shall contain the reason for the warning, reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Union Office within seven (7) days of the incident giving rise thereto.

9.05 Disciplinary warnings and/or reprimands which predate disciplinary action by more than eighteen (18) months shall not be brought forward in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved.

ARTICLE 10- SENIORITY

10.01 (a) Seniority shall be defined as length of continuous employment with the Employer in the bargaining unit.

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(b) Service shall be defined as length of continuous employment with the Employer.

10.02 (a) The first forty-five (45) days worked at the unit in a six (6) month period, or whichever comes first, shall be considered a probationary period. Should an employee be absent from work during the probationary period, the probationary period will be extended by the number of working days the employee was absent from work.

(b) During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Employer at the expiration thereof, shall be credited with seniority back to the date of last hire.

10.03 An employee shall lose all seniority and shall be deemed to have terminated employment with the company:

(a) by voluntarily leaving the employ of the Company;

(b) if an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract;

(c) if an employee has been laid off and fails to reply to a recall notice, within five (5) days of its mailing by registered mail to the employee's last known address and/or failing to return to work within two (2) days of receiving such notice. It shall be the employee's responsibility to keep the Company informed of any change in the employee's address;

(d) if an employee overstays a leave of absence granted by the Company without securing an extension, in writing, of such leave of absence unless the extension is due to circumstances beyond the control of the employee, whereupon the employee must notify the Company by telegram of the circumstances and probable return date;

(e) if an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the leave of absence;

(f) If an employee is absent from work for three (3) or more consecutive without notification to the Employer unless such failure is a result of circumstances beyond the control of the employee;

(g) If an employee is absent due to non-occupational illness or accident for a period of more than twenty-four (24) months from the date the accident occurred or the illness commenced;

(h) If an employee is absent due to occupational illness or accident for a period of twenty-four (24) months from the date the accident occurred or the illness commenced;

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10.04 Bargaining unit employees who accept promotion or transfer out of the Bargaining unit for a period of three (3) months shall lose all Bargaining Unit Seniority.

10.05 Seniority, qualifications, skill(s) and ability to perform the work required shall be the governing factors in temporary assignments between classifications.

10.06 Within thirty (30) calendar days of ratification and in January and July of each year thereafter, the seniority list, including the employee's seniority, service date and employment status (full-time or part-time) shall be posted in the various departments and a copy will be provided to the union steward and a copy mailed to the Union.

10.07 A part-time employee cannot use seniority for the purpose of displacing a fulltime employee.

10.08 A part-time employee who becomes a full-time employee will be give half (1/2) of their part-time seniority credit from their full-time date of hire. If a full-time employee becomes part-time, then their seniority date will be their original date of hire into the bargaining unit.

ARTICLE 11 -JOB POSTING

11.01 (a) All permanent bargaining unit vacancies will be posted for a period of seven (7) working days. All interested employees will be eligible to apply for such positions in writing. Subsequent vacancies will be posted according to the posting procedure under this agreement.

(b) In the event there is a full-time employee absent for more than thirty (30) days, the Employer agrees to the following:

(i) First offer the temporary vacancy to the most senior interested fulltime employee, qualified to do the work;

(ii) Secondly offer the temporary vacancy to the most senior interested part-time employee, qualified to do the work;

(iii) If the start wage rate of the temporary vacant position is higher than the employee's regular wage he/she will be entitled to the higher rate while filing the temporary vacancy;

(iv) Any temporary vacancy that is anticipated to be longer than three (3) months will be posted in accordance with this agreement.

11.02 The basis the Employer shall use in selecting the successful candidate is employment and attendance records, qualification, skill(s), ability and

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competency for the job required. Only when two (2) or more employees have equal attendance records and employment records, qualifications, skill(s), ability and competence to do the job required, shall seniority be the governing factor in making the selection.

11.03 It is agreed that a successful candidate will not be entitled to bid on any other vacant positions for a period of three (3) months from the posting of notice referred to in this agreement.

11.04 An employee who is assigned in accordance with the terms of this Agreement to a higher paying classification or job, shall be paid the rate for that classification or job for the time he performs such work provided he works a minimum of half his scheduled shift in the higher classification. An employee who is assigned in accordance with the terms of the Agreement to a lower paying classification shall continue to be paid the rate and benefits of his regular job.

ARTICLE 12- LAYOFF AND RECALL

12.01 In cases of layoff and recall from layoff, in accordance with this agreement, seniority shall be the governing factor providing the employee has the skill(s), physical fitness and ability to perform the work required.

12.02 In the event of a layoff employees shall exercise their seniority in the following fashion:

Step One - Displace the most junior employee in their classification in their location.

Step Two- Displace the most junior employee in a lower classification in their location

This article shall apply as follows:

(i)

(ii)

12.03 (a)

For layoffs whose anticipated duration is greater than two (2) weeks employees shall exercise their seniority within their location and within the line of business;

Accept layoff.

Laid off employees who wish to be notified of job vacancies other than those to which they have recall rights may signify their desire in writing to the Employer prior to layoff and shall be entitled to apply for such jobs and be considered along with any other applicants. A copy of the employee's request shall be given to the employee, the Union Steward and the Union Office

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(b) The Employer will endeavor to locate employment for the affected employee(s) at any alternate ARAMARK location within a fifty (50) kilometer radius from the location outlined in the scope of this agreement.

12.04 Full-time employees who are laid off from full-time employment shall, if they desire, be placed on the part-time seniority list based on the length of their accumulated full-time and if applicable part-time service with the Employer and shall be given preference for available part-time work so far as the length of service entitles them.

12.05 An employee using his bumping right to accept a position at a lower salary will be paid at the rate for the job into which he has bumped.

12.06 A person who has never been in the bargaining unit shall not enter the bargaining unit unless bargaining unit employees who are on layoff and who have recall rights have declined their right for recall.

12.07 Where a reduction in work is due to unforeseen circumstances or emergency situations beyond the company's control resulting in a temporary layoff and is not anticipated to exceed five (5) working days, the Employer may layoff any employee without regard to seniority.

12.08 The Union shall be notified of all appointments, hiring, layoffs, transfers, recall and of terminations of employment.

ARTICLE 13- LEAVE OF ABSENCE

13.01 Personal Leave

The Employer may, in its sole discretion, authorize a leave of absence without pay and benefits to any employee requesting such leave for personal reasons. Such request will be in writing, with the reason(s) clearly stated, and must be submitted as far in advance as possible to the Unit Manager. Requests of such shall not be unreasonably denied.

13.02 Sick Leave

Employees with seniority will be eligible for six (6) sick days in the calendar year to use if they are sick and unable to attend work. A doctor's note may be requested by the Company to process the sick time.

13.03 Bereavement Leave

(a) In the event of a death in the immediate family of an employee, he shall be granted up to three (3) consecutive days bereavement leave. Bereavement leave will be paid at the regular straight time hourly rate, for loss of scheduled work. This period may be extended by up to two (2)

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days leave without pay if reasonable justification is provided to the Employer.

(b) Immediate family shall mean the employee's spouse and the employees or spouse's parent, child, grandparent, grandchild, brother, sister.

(c) In the event of a death of an employee's Aunt, Uncle, Niece, or Nephew, he shall be granted one (1) day leave of absence to attend the funeral. Bereavement leave when granted for these relations will be paid at the regular straight-time hourly rate, for loss of scheduled work. This period may be extended by up to two (2) days without pay if reasonable justification is provided to the Company.

In order to qualify for bereavement leave pay an employee must substantiate to the Company's satisfaction his claim for the entitlement under this article.

13.04 Jury Duty/ Witness Leave

(a) An employee who is required for jury duty may receive compensation from the Employer of an equal amount to the difference between the employee's regular straight time hourly rate and jury pay, provided that the employee:

(i) notifies the Employer immediately of the employee's notification that he will be required to attend court and;

(ii) presents proof of service requiring the employee's attendance and;

(iii) presents proof of the amount of pay received for such service.

(b) In the event an employee serves on jury duty from Monday through Friday, he will not be required to work Saturday.

13.05 Maternity/ Parental/ Adoption Leave

(a) An employee shall be granted leave of absence without pay for pregnancy or parental duties. The provision of the Employment Standards Act 2000 shall govern.

(b) Employees wishing to continue coverage of benefits during such leaves may do so at their own expense.

(c) Employees returning from a leave under this article will give at least two (2) weeks notice of the date that they wish to return to work.

(d) The Employer agrees to comply with all government legislation pertaining to Maternity, Paternity, Paternal and Adoption Leave.

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(e) Such leaves shall be without loss of seniority.

(f) If a full-time employee returns to work at the expiry of the normal maternity, parental, or adoption leave, and the employee's former permanent position still exists, the employee will be placed in the position which they would have been in if they had not gone on leave.

13.06 Education Leave

Any employee required by the Employer to take an educational course shall have:

(a) The fee for the course paid by the Employer;

(b) If the course is during the employee's working hours, the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as if they were at work for their normally scheduled shift.

13.07 Union Leave

(a) The Employer agrees that an employee appointed by the Union as a fulltime representative shall be granted leave of absence without pay, to a maximum of one (1) year, while serving in such capacity.

(b) The Company will grant leave of absence without pay to an employee who is elected or otherwise appointed as representative to attend Labour and Union conventions, conferences and meetings in order to carry out their duties on behalf of the Union.

(c) In order for the Company to replace the employee, it is agreed that before the employee receives a leave of absence, the leave shall be requested in writing fourteen (14) calendar days prior to the beginning of leave.

(d) Such leave shall be without loss of seniority.

(e) When an employee(s) returns to work, he shall be reinstated to his former position as if he had never left.

ARTICLE 14- HOURS OF WORK AND OVERTIME

14.01 The work week shall commence and reflect the pay schedule cycle of the Employer.

14.02 The operation of the Employer can, and shall have the right to, establish operation on a seven (7) day a week basis.

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14.03 The Employer maintains the right to schedule shifts in accordance with work requirements. Starting times, quitting times, shifts and the arrangement of shifts shall be determined on an ongoing basis by the Unit Manager.

14.04 Nothing in this Collective Agreement shall be construed as a guarantee as to the hours of work neither per day, nor as the hours of work for any other period of time, nor as a guarantee of working schedules.

14.05 No employee will be required to have less than eleven ( 11) hours between scheduled shifts unless agreed to in writing in advance or as a result of voluntary switching of shifts between employees.

14.06 An employee who reports to work on the instruction of the Employer but for whom no work is available shall be provided the lesser of four hours pay at their basic hourly rate or pay at their basic hourly rate for their schedule hours, which shall be no less than 3.5 hours, unless the lack of available work for the employee is due to factors beyond the control of the Employer or the employee was notified in advance not to attend at work.

Full-Time

14.07 When notifying the Employer of absence, an employee shall notify the manager four (4) hours prior to the start of the afternoon shift and any shift that starts before 9am the employee must notify the manager at least one (1) hour prior to the start of the shift. The employee shall give the reason why he is unable to attend work, when he expects to return to work and how the Manager or his designate can call him relative to his absence. If later he is unable to return on that date, a new return date may be given to the Manager or his designate on or before the original estimated date of return, if possible.

14.08 (a) Overtime at the rate of time and one-half (1 1'2) the regular hourly rate will be payable after eight (8) hours in a day and forty (40) hours in a week for all full-time employees. Employees who are required to work on their scheduled day off shall work no less than four (4) hours at the rate of time and one half (1 1'2).

(b) Overtime and call back shall be divided equitably among employees who are willing and qualified to perform the work that is available on the shift where they work. If no one is willing, and overtime work is required to be performed, the Employer will require employees to stay in reverse order of seniority on the shift where the work is required to be performed.

14.09 Employees will be allowed two (2) consecutive full days off each week. An employee's days off and his schedule of daily hours shall be posted no later than Monday at 9:00 a.m. to be effective for Thursday.

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14.10 Full-time employees will be given one Saturday/Sunday combination off every other week except in the event of unusual circumstances which require extra or alternate staffing.

14.11 (a) All employees who work in excess of five (5) consecutive hours in a shift will take a one half hour unpaid lunch break. Employees' meal periods shall be scheduled as close as possible to the midway point of their shift with the understanding that the break schedule cannot impact the resident care.

(b) All employees who are scheduled to work a minimum of four (4) hours on a given shift shall be entitled to a paid fifteen (15) minute rest break. If an employee's shift is in excess of six (6) consecutive hours, he shall be entitled to a second additional fifteen (15) minute break after lunch.

14.12 Employees will be given three (3) working days notice of changes in their regular working schedule, except for absences and where the employee and the Employer mutually agree to the change or in the case of emergency.

14.13 Time spent by employees at a meeting called by the Employer shall be considered time worked.

Part-Time

14.14 A part-time employee is an employee who is normally scheduled to work twentyfour (24) hours per week or less.

14.15 Subject to the employee's availability, the weekly schedule of hours of work shall be allotted according to seniority by unit/location, providing the senior employee(s) has the necessary skill, ability and qualifications to perform the work and is available.

14.16 (a) All employees who work in excess offive (5) consecutive hours in a shift will take a one half hour unpaid and uninterrupted lunch break. Such lunch break will be scheduled, where possible so that the services of the Company will not be unduly affected.

(b) Employees who are scheduled to work a minimum of four (4) hours on a given shift shall be entitled to a paid and uninterrupted fifteen ( 15) minute rest break. If an Employee's shift is in excess of six (6) consecutive hours he shall be entitled to a second additional fifteen (15) minutes paid after lunch. If an employee's shift is in excess of seven (7) consecutive hours he shall be entitled to a second additional fifteen (15) minute paid and uninterrupted break after lunch. These breaks will not be added to any other break period.

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14.17 Part-time employees or a combination of part-time employees will not be used to the extent that they displace existing full-time employees or reduce the current level of full-time employees.

14.18 Employees who work more than twenty four (24) hours per week form more than twelve (12) consecutive weeks, will be reclassified as full time. Seniority will be back dated to the commencement of the twelve (12) week consecutive period. Unless for reason of directly relieving a full time employee on vacation, leave of absences and in cases of emergencies or covering other employees for statutory leave of absences.

ARTICLE 15- TRANSFER BETWEEN WORK UNITS/LOCATIONS

15.01 The Employer must notify an employee at least two (2) hours in advance when possible if he is to work or complete his shift at another unit/location other than his home unit/location.

15.02 The Employer will cover the cost of transportation expenses when such a case occurs as outlined above. For employees using their own transportation, they will be reimbursed in accordance with the Employer mileage reimbursement Policy.

15.03 Travel time will be included as part of the shift when an employee is asked to complete his shift at another unit/location other than his home unit/location.

ARTICLE 16- PAID HOLIDAYS

16.01 Each employee who is not required to work on any of the following days shall receive a normal day's payment at his regular straight time hourly rate for the celebration of the holidays listed hereunder;

New Year's Day Civic Holiday Boxing Day

Good Friday Labour Day Family Day

Victoria Day Canada Day Thanksgiving Day Christmas Day

16.02 Service to the public is essential. Therefore, it will be necessary that a sufficient number of the employees work on the holidays set out above. If an employee wishes to receive a substitute holiday off in lieu of the public holiday, such request will be made in writing to the supervisor a minimum of five (5) days before the public holiday, and is subject to approval, which won't be unreasonably withheld. If approved, the day will be scheduled within ninety (90) days following the public holiday.

16.03 Subject to the provisions of the employment standards act (ESA 2000), to qualify for pay for a holiday as outlined in Article 16.01 of this Agreement, the employee

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must work his last scheduled working day preceding the holiday and his first scheduled working day after the holiday unless he has secured permission from the Manager or his designate to be absent on one or both of the qualifying days.

16.04 Should any paid holiday occur during an employee's annual vacation, said vacation shall be extended an amount equal to the number of holidays occurring during the vacation and the employee shall receive his holiday pay.

16.05 Except where staff shortages exists, the Employer will give the employees either Christmas or New Year's day off, unless otherwise mutually agreed.

ARTICLE 17- PAID VACATIONS

17.01 All employees on the active payroll of the Employer shall receive vacation with pay on the following basis.

(a) Employees who have less than one (1) year continuous service with the Employer as of June 30 shall receive a vacation of one ( 1) weeks with pay equivalent to four percent (4%) of their earnings for the year ending June 30;

(b) Employees who have completed one ( 1) year continuous service with the Employer as of June 30 shall receive a vacation of two (2) weeks with pay equivalent to four percent (4%) of their earnings for the year ending June 30;

(c) Employees who have completed five (5) years continuous service with the Employer as of June 30 shall receive a vacation of three (3) weeks with pay equivalent to six percent (6%) of their earnings for the year ending June 30;

(d) Employees who have completed ten (1 0) years continuous service with the Employer as of June 30 shall receive a vacation of four (4) weeks with pay equivalent to eight percent (8%) of their earnings for the year ending June 30;

(e) Employees who have completed fifteen ( 15) years continuous service with the Employer as of June 30 shall receive a vacation of five (5) weeks with pay equivalent to ten percent (1 0%) of their earnings for the year ending June 30.

17.02 Payment for vacations shall be based on a percentage of the employee's previous year's earnings, excluding the previous years vacation pay.

17.03 It is understood that vacation entitlement shall be taken in accordance with work requirements and length of service. The Employer will endeavor to accommodate employee's vacation requests; however, vacation schedules may necessarily be subject to the vacation schedules as programmed by the Employer's client. Employees shall submit their vacation request at least thirty (30) calendar days

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prior to the requested vacation. The employer agrees to respond to all such requests within seven (7) days of the time the request was submitted.

17.04 (a) Upon request, the Employer agrees that vacation pay will be paid in the week prior to the employee taking his vacation.

(b) It is agreed between the parties that any employee who takes his/her vacation, if so chooses, will be paid the differential of any vacation monies owed to them from the last payment of vacation pay up to the time they take their vacation. Employees who elect this form of payment, will only be paid for vacation taken in increments of one (1) week at a time.

ARTICLE 18- HEALTH AND SAFETY & WORKERS COMPENSATION

18.01 The Employer agrees to make responsible provisions for the safety and health of the employees. Dangerous practices and devices shall be reported to the Employer and the necessary precautions to eliminate such hazards will be taken.

18.02 The Employer will also pay an employee for the remainder of the shift in which the accident occurred that would require the employee to take time off.

18.03 The Employer shall provide immediate transportation to a hospital, if necessary, following an injury to the worker at the cost of the employer.

ARTICLE 19- HEALTH AND WELFARE

19.01 Effective the first day of the month following receipt of notice of ratification the Employer shall contribute to the cost of the premiums for the following benefits in accordance with terms and regulations of the various plans for all permanent fulltime employees who have completed their probation. All eligible employees are required to participate in the benefit programs as a condition of their employment. Benefit coverage ceases upon termination, at the end of the month that the employee reaches the age of sixty-five and/or as otherwise provided under the terms of the plan or in this agreement. Details of the coverage are contained in the benefit booklet.

Please refer to Appendix A.

ARTICLE 20 - RRSP

20.01 As per Appendix A

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ARTICLE 21 -WAGE RATES AND CLASSIFICATIONS

21.01 The following will be the minimum rates of pay for these classifications within the bargaining unit.

Cook 1 Dietary Aide PT Dietary Aide December 1, 2015 $18.45 $14.40 $13.60 June 1, 2016 $18.75 $14.50 $13.87 December 1, 2016 $18.95 $14.65 $14.12 June 1, 2017 $19.10 $14.80 $14.32 December 1, 2017 $19.30 $14.95 $14.57 June 1, 2018 $19.45 $15.10 $14.77 December 1, 2018 $19.65 $15.25 $15.02 June 1, 2019 $19.80 $15.40 $15.22 December 1, 2019 $20.00 $15.55 $15.50 June 1, 2020 $20.15 $15.70 $15.70

Effective December 12, 2016, retroactive pay will be issued based on hours worked as of December 1, 2015 up to December 12, 2016 for all active employees on payroll.

(i) Probationary employees will be paid $0.50 per hour less than the above posted rate.

(ii) Retroactive pay only payable to employees on the payroll on the date of ratification.

(iii) All current part time employees listed in the attached Letter of Understanding will maintain the full time rates of pay set out above.

(iv) The Senior cook working shall be paid a premium of $1.00 per hour for all hours whenever they are in charge i.e., no ARAMARK management staff are on-site.

ARTICLE 22- GENERAL

22.01 (a) The Employer shall provide all employees with the required uniforms of five (5) tops and four (4) pants for full-time employees and three (3) tops and two (2) pants for part-time employees at the Employer's expense.

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(b) Replacement uniforms will be supplied by the Employer upon request of the affected employee subject to approval by the Employer. Said request will not be unreasonably denied.

(c) Uniforms are the property of the Employer and must be returned to the Employer upon severance of employment.

22.02 The Employer agrees to draw up job descriptions for all positions for which the Union is bargaining agent. These descriptions shall be presented and discussed with the Union and shall become the recognized job descriptions.

22.03 The Employer agrees to continue to ensure that all employees may utilize the lunch room and locker room on the premises of Sienna Senior Living.

22.04 The Employer agrees to provide heat resistant oven mitts for employees who handle hot product.

22.05 The Union shall be notified in writing of all Employer Rules and Regulations and/or policies covering those covered by this Agreement.

22.06 First Aid Kits shall be provided and maintained in the kitchen and dining area of each unit/location.

22.07 Shoe Allowance Effective December 12, 2016, the Employer will reimburse the cost of ARAMARK approved safety foot wear with anti-slip soles for employees to a maximum of $65.00 per twelve month period, upon provision of receipt.

22.08 The Employer agrees to provide a bulletin board in a mutually satisfactory location for use by the Union. The posting of notices, will be reviewed by the manager, but will not be unreasonably denied.

22.09 Payroll Issues Should any error greater than fifty (50) dollars, attributed to the Company, occur the Company agrees to correct the error within three (3) business days following notification of the error to the Company. Any errors less than fifty (50) dollars shall be corrected by the pay date following notification of the error to the Company.

22.10 The Employer will contribute $400.00 to the UFCW Training & Education Fund every anniversary date of the collective agreement.

ARTICLE 23 - DURATION OF AGREEMENT

23.01 Unless changed by mutual consent in writing, the terms of this collective agreement shall continue in effect from December 1, 2015 to November 30, 2020 and shall continue automatically thereafter for annual periods of one year unless

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either party notifies the other in writing, anytime within ninety (90) days of the expiry date of this agreement, of termination of, or proposed revision of this agreement.

23.02 If pursuant to such negotiations an Agreement is not reached on the renewal of amendment of this Agreement, or the making of a new Agreement prior to the current expiry date, this agreement shall continue in effect until a new Agreement

is reached by the parties or until conciliation proceedings prescribed by law have been completed, whichever date shall first occur. The parties will endeavour to sign the collective agreement within thirty (30) days of ratification or as expeditiously as possible.

DATED AT G-dJ/q , this j / h day of flpr1r I '2017.

For the Union: For the Company:

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Insured Benefits:

Life Insurance

A.D. & D.

Cost of this benefit:

Major Medical

Drug Card


Vision Care

Dental Plan


Terms & Conditions:

APPENDIX A

BENEFITS

$25,000.00

$25,000.00

60% Company

no deductible

40% Employee

$3,000.00 max per calendar year

60% company 40% Employee

$250 glasses, contact lenses or laser eye surgery

every 24 months.

No deductible

90% co-insurance

$1,500.00 max per calendar year

60% Company 40% Employee

Terms and conditions of the benefit plan are subject to the contract between the

Company and its insurance carrier.

Eligibility:

(1) the first of the month following completion of three (3) months of service, and

(2) full-time employees regularly scheduled for more than twenty five (25) hours per

week.

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Short Term Disability: The purpose of the benefit is to provide income replacement in the event of nonoccupational illness or accidents. The plan shall be registered with the Employment Insurance Commission and shall comply with the standards set out by the Commission for Short Term Disability Plans.

The benefit shall be as follows: Eligibility:

(1) the first of the month following completion of three (3) months of service, and

(2) full-time employees regularly scheduled for more than twenty five (25) hours per week.

Waiting period for Weekly Indemnity: Five (5) calendar days

Benefit Level: 66 2/3% of employees regular weekly wages up to the Employment Insurance maximum.

Duration: Up to fifteen (15) weeks of benefits.

Premium Reductions:

In the event that any Company paid premiums for: Benefits covered under this Collective Agreement; and/or Any government premiums are subsequently reduced and/or eliminated for any reason(s) such premium reductions(s) and/or elimination shall be the sole property of the Company.

RRSP:

Part-time employees are eligible to join the Company Group RRSP plan after completing their probationary period. They are eligible to contribute 1% of their base wages per pay period which the company will match. The plan is not mandatory.

Full-time employees are eligible to join the Company Group RRSP plan after completing their probationary period. They are eligible to contribute 1% of their base wages per

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pay period and those full-time employees who choose to contribute will receive 1.5% of base wages contributed by the company into the RRSP plan. The plan is not

mandatory.

Sick Days:

Employees with seniority will be eligible for six (6) sick days in a calendar year to use if they are sick and unable to attend work. A doctor's note may be requested by the company to process the sick time.

THIS ff¥A DAY OF &pn) '2017.


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Letter of Understanding #1

Between

Aramark Canada Ltd. At Sienna Senior Living located at 835 West Ridge Boulevard in the Town of Orillia

-and-

UFCW Canada, Local175 & 633

Re: Time Limits

Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without having notified the other party of its final position on any given grievance in writing.

Should either party serve such notice on the other party, the other parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration of single Arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

Signed at a-,· I 1/ tA. , this f /""1-1-. day o( Apn"l , 2017.


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Between


-and-


Re: Grandfathered Employees

All employees listed below will be paid at the full-time wage rates set out in the agreement for the duration of the agreement.

NAME POSITION STATUS Vera Wallace Dietary Aid Part-Time

Signed at Ui I j; tl 'thl·s Jl-1-" d f ~· J 2017 __ ay o "f'Lt , .


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Between

ARAMARK Canada Ltd. At Leisureworld located at 835 West Ridge Boulevard in the Town of Orillia

-and-


Re: Food Service Worker Certification Course

Any existing employee on payroll as of January 1, 2010, will receive 100% reimbursement for completed Food Service Worker Certification Course modules required by the Ministry of Health.

Effective February 1, 2011, any existing employee not yet certified will be reimbursed 50% of the fee for the course module paid by the Employer as per ARAMARK's Educational reimbursement program.

Reimbursement will be made within sixty (60) days from the time the employee submits the receipts and successful completion of each module.

I I 1-J.. , this ----l-_.L ___ day of Bpr/ f , 2017.


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Between


-and-


Re: Pay Equity

The Employer and the Union agree to form a representative committee with no more than 2 representatives from each party to meet during the term of this Collective Agreement for the purpose of developing a Pay Equity Plan as per the Pay Equity Act.

Both the Employer and the Union agree that they have responsibilities under the act.

The Employer agrees to cover the lost time wages of any employee involved in the Pay Equity Plan process.

The Company agrees to post the Pay Equity Plan in accordance with the Pay Equity Act once it has been finalized.

, this t/+" dayof ftr/ J ,2017.


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collective agreement between aramark canada ltd. at sienna ... and foo… · senior living located...

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