collective agreement labourers international union … and wast… · all employees of the employer...

20
COLLECTIVE AGREEMENT BETWEEN: PROVINCIAL CLEANING SERVICES & SUPPLIES LTD. (hereinafter called the "Employer") -and- LABOURERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059 (hereinafter called the "Union") Whereas the Employer and the Union wish to enter into a common Collective Agreement with respect to employees who are covered by this Collective Agreement and to provide for and ensure uniform interpretation and application in the administration of the Collective Agreement. It is agreed as follows: ARTICLE 1 -RECOGNITION 1.01 The Employer recognizes the Union as the sole collective bargaining agent for all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max Brose Drive and 1005 Wilton Grove Road, London, Ontario, save and except supervisors, persons above the rank of supervisor, office, clerical, administrative, sales and engineering staff. ARTICLE 2- UNION SECURITY 2.01 All employees covered by the Collective Agreement, as a condition of employment, shall become and remain members in good standing of the Union during the lifetime of this Agreement. The Employer shall deduct and remit regular monthly union dues from each employee as denoted in writing from the Union. 2.02 The Employer shall forward such deductions to the Secretary-Treasurer of the Union not later than the 15th of the month following the month in which the deductions were made. 1

Upload: others

Post on 13-Jul-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

COLLECTIVE AGREEMENT

BETWEEN: PROVINCIAL CLEANING SERVICES & SUPPLIES LTD.

(hereinafter called the "Employer")

-and-

LABOURERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059

(hereinafter called the "Union")

Whereas the Employer and the Union wish to enter into a common Collective Agreement with respect to employees who are covered by this Collective Agreement and to provide for and ensure uniform interpretation and application in the administration of the Collective Agreement.

It is agreed as follows:

ARTICLE 1 -RECOGNITION

1.01 The Employer recognizes the Union as the sole collective bargaining agent for all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max Brose Drive and 1005 Wilton Grove Road, London, Ontario, save and except supervisors, persons above the rank of supervisor, office, clerical, administrative, sales and engineering staff.

ARTICLE 2- UNION SECURITY

2.01 All employees covered by the Collective Agreement, as a condition of employment, shall become and remain members in good standing of the Union during the lifetime of this Agreement. The Employer shall deduct and remit regular monthly union dues from each employee as denoted in writing from the Union.

2.02 The Employer shall forward such deductions to the Secretary-Treasurer of the Union not later than the 15th of the month following the month in which the deductions were made.

1

Page 2: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

2.03 The Employer shall, when forwarding such dues, provide a list for the Secretary-Treasurer of the Union, listing the names and corresponding social insurance numbers of the employees from whose pay such deductions were made.

Employee information, including Social Insurance Numbers, will not be distributed or provided to any other party and shall only be used for the purposes set out herein.

2.04 The Employer agrees that all work contracted to the Employer at the site or sites listed in Article 1, shall only be performed by bargaining unit employees under the terms and conditions of this Agreement.

2.05 The Union agrees that the Employer is entitled to contract out work that has not previously been performed by bargaining unit members and has been historically contracted out. Article 2.04 is not applicable for this work.

2.06 The Union shall indemnify the Employer from any employee claims which may arise from deductions made pursuant to this Article.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Employer shall have the exclusive functioning option to conduct its business in all respects in accordance with its commitments and responsibilities including the right to:

(a) manage, locate, extend, schedule, curtail or cease maintenance operation;

(b) determine the number of workers required for any or all operations; assess the qualification of employees; assign or reassign work loads of employees; determine and evaluate the content and functions of all jobs and classifications; revise work assignments at any time and maintain an efficient work force with diverse skills;

(c) determine the types and replacement of machines, tools, materials and equipment; and to introduce new or improved systems and equipment;

(d) hire, classify, promote, transfer and lay off employees and to discharge, demote and suspend employees for just cause;

(e) establish, revise from time to time and enforce reasonable rules of conduct and procedure for its employees, maintain order, discipline and efficiency;

2

Page 3: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

all subject to the provisions of this Agreement. It is agreed that these functions shall not be exercised in an unreasonable manner and/or inconsistent with the express provisions and intent of this Agreement.

ARTICLE 4- GRIEVANCE PROCEDURE

4.01 The immediate attention to complaints and grievances is of the utmost importance. Properly constituted grievances may be processed through the following procedures:

STEP N0.1

STEP NO.2

STEP NO.3

Within ten (1 0) working days after the alleged grievance incident, the aggrieved may present the grievance to an immediate supervisor, either in writing or orally. Should no settlement satisfactory to the aggrieved be determined within five (5) working days, the next step of the grievance procedure may be implemented within five (5) working days following.

The aggrieved, through an authorized union representative, may submit the grievance to an authorized agent of the Employer, in writing and the responsible parties shall meet within five (5) working days following.

Should no settlement satisfactory to the aggrieved be determined within five (5) working days following this meeting, the next step of the grievance procedure may be implemented within five (5) working days following.

Should no settlement satisfactory to the aggrieved be determined within five (5) working days following, the grievance may be submitted to mediation by agreement of the parties and if not, then proceed to arbitration within ten (1 0) working days following, as provided for in Article 5 - Arbitration.

4.02 Grievances pertaining to alleged violation of hours of work, rates of pay, overtime, benefits vacation with pay and other monetary items may be submitted within three (3) months of such alleged grievance incident.

4.03 Satisfactory judgment of such grievances may be retroactive to three (3) months of the grievance date.

4.04 Probationary employees may submit grievances pertaining only to alleged violations of monetary matters.

3

Page 4: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

4.05 The grievance procedure for an employee who claims he has been terminated without just cause shall be dealt with at Step 2 within five (5) working days after the termination.

4.06 The Parties agree to follow each of the foregoing steps in the processing of the grievances, and if at any step the Employer's representative fails to give his written answer within the time limit therein set forth, the Union may appeal the grievance to the next step at the expiration of such time limit. Similarly, if the Union fails to comply with the time limits therein set forth for their part in the grievance procedure, the grievance will be considered to have been abandoned. Notwithstanding the limitations set forth in this clause, either party may, with the agreement of the other party, extend the time limits here before set forth.

The onus of proof shall be on the party asserting there was mutual agreement.

4.07 Grievance Mediation

The parties may agree to a Grievance Mediation Procedure prior to proceeding to Arbitration as set out below.

(a) Either party may submit, if both parties agree, the grievance to Grievance Mediation at any time within ten (1 0) calendar days following the receipt of the reply at Step 3, or if no reply is received, within ten (10) calendar days following the expiration of the period limited for such reply. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration.

(b) Grievance Mediation will commence within twenty-one (21) calendar days of the grievance being submitted to Mediation.

(c) The Grievance Mediation process is without prejudice to either party.

(d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

(e) The parties may agree to the appointment of a Mediator by the Ministry of Labour, provided that such Mediator is able to commence the Grievance Mediation within the time periods set out in item (b), or where the parties mutually agree to extend the time periods for such Mediator.

(f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.

4

Page 5: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

(g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference.

(h) The Mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.

(i) If a grievance is not settled through the Grievance Mediation process, the Mediator shall provide the parties with an immediate oral advisory opinion and the grounds of such advisory opinion, unless both parties agree that no such opinion shall be provided.

U) If no settlement is reached within ten (10) calendar days following Grievance Mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, the Mediator may, if the parties agree, serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration.

(k) Any settlement reached shall not be referred to by the parties in respect of any subsequent matter and in any other setting.

(I) All settlements shall be "Without Precedent".

(m) The Union and the Employer will share the cost of the Mediator if any.

4.08 Corrective disciplinary warnings will be served to the employee within ten (10) days of the Employer becoming aware of the incident giving rise to the discipline.

ARTICLE 5 ·ARBITRATION

5.01 Any properly constituted grievance concerning the interpretation, application, administration or alleged violation of this Agreement, which has been properly processed through all of the steps of Article 4 but has not been satisfactorily settled, may be referred to arbitration in accordance with the Ontario Labour Relations Act.

5.02 The Arbitrator shall hold a hearing as soon as possible from the date of receiving a Notice to Arbitrate.

5.03 The Arbitrator shall, after hearing all of the evidence and submissions from all parties concerned, submit a final and binding decision in writing. Reasons for the decision need not be given at the time of the decision but shall be provided within a reasonable period of time thereafter.

5

Page 6: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

5.04 The Arbitrator shall be provided with written records containing details of the grievance, the section or sections of the Agreement which are alleged to have been violated, and the requested remedy.

5.05 The Arbitrator shall not have the power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to render any decision inconsistent with the terms and provisions of the Agreement.

5.06 Statutory holidays, Saturdays and Sundays shall be excluded from the times provided for the various steps. Time limits may be adjusted by agreement of the parties concerned.

5.07 The Union and the Employer shall equally share any expenses of the Arbitrator.

ARTICLE 6- UNION REPRESENTATION

6.01 Shop Stewards may be appointed as follows:

One (1) Shop Steward on each shift.

The Union shall submit to the Employer in writing the names of the Shop Stewards.

Shop Stewards shall, in their specific job classification, be the employees retained the longest in their respective classification.

6.02 The Shop Steward shall perform the required duties of an employee of the Employer; the Union business shall not be conducted during regular working hours without express permission from an authorized agent of the Employer and such permission shall not be unreasonably withheld.

6.03 The Employer agrees that a Steward shall not suffer any loss of pay for time necessarily spent during working hours while processing grievances with management approval.

6.04 The Employer shall make every reasonable effort to have a Steward present at all times while the Employer is formally disciplining any employee (i.e. written reprimands, suspension, or termination), failing that, it is understood the Employer may continue with its disciplinary process with notice to the Union.

6.05 In consideration of the fact that the Employer does not own the premises, the Business Agent for the Union may request access to the bargaining unit during working hours. When visiting a job, he or she will first advise and obtain clearance from the agent of the Employer. In no case shall his or her visits interfere with the progress of the work. The Employer shall make every reasonable effort to obtain access of the Union Representative to the owner/client's premises.

6

Page 7: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

6.06 When reasonably possible, one (1) Steward shall be allowed to attend Union meetings or courses scheduled during such steward shift to a maximum of five (5) shifts per year. The Union shall provide two (2) weeks notice to the Employer and the Employer will not be required to pay the Steward for time off work for these purposes.

ARTICLE 7 - PRODUCTIVITY

7.01 The Union and the Employer recognize the reciprocal value of improving, by all proper and reasonable means, the productivity of the individual employee and undertake jointly and severally to promote and encourage such improved productivity.

7.02 The Union, during the term of this Agreement, shall not cause picketing, strikes or slowdowns which will interfere with the regular schedule of work of the employees of the Employer, and the Employer, during the term of this Agreement, shall not cause a lockout of its employees.

ARTICLE 8- STATUTORY HOLIDAYS

8.01 The following Statutory Holidays shall be recognized:

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

Thanksgiving Day Christmas Day Boxing Day Canada Day

Effective October 1, 2014, employees with six (6) months or more of service at the bargaining unit shall be entitled to a floating holiday. This floating day will be scheduled in advance and the date mutually agreed to between the employer and the employee.

8.02 Statutory Holiday Pay for all employees shall be the equivalent to a normal shift at the employee's regular rate.

All employees must have worked their scheduled shift prior to an after the holiday in order to be entitled to statutory holiday pay.

8.03 An employee required by an Employer to work any of the above-noted Statutory Holidays shall be paid at the rate of one and a half (1-1/2) times the employee's regular hourly rate for each hour worked.

The Employer will recognize any new statutory holiday proclaimed by the government.

8.04 When the Employer designates a different date in lieu of the proclaimed Statutory Holiday above all hours worked by employees on this designate day will be paid at time

7

Page 8: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

and one half as long as it's not the same employee that worked during the proclaimed Statutory Holiday and received pay for all hours worked at time and one half (1 1/2).

ARTICLE 9- VACATION PAY

9.01 The Employer will grant vacation time and vacation pay to all employees based on their continuous and active service as set out herein. All vacation requests must be submitted in writing by March 31st of each year. All vacation requests to be signed by the Employer and returned to the employees by April 15th of each calendar year.

Vacation pay for all employees will be calculated as of June 30th of every year. Employees will be eligible for time off and vacation pay on gross earnings for hours earned on the following criteria:

(a) Less than one (1) year service, four percent (4%) vacation pay.

(b) One (1) year but less than three (3) years of service, three (3) weeks vacation time and four percent (4%) vacation pay.

(c) Three (3) years but less than five (5) years of service, three (3) weeks vacation time and five percent (5%) vacation pay.

(d) Five (5) years but less than ten (10) years of service, three (3) weeks vacation time and six percent (6%) vacation pay.

(e) Ten (10) years but less than fifteen (15) years of service, four (4) weeks vacation time and ten percent (10%) vacation pay.

(f) Twenty (20) years or more of service, five (5) weeks vacation time and twelve percent (12%) vacation pay.

(g) Twenty five (25) years or more of service, six (6) weeks vacation time and fourteen (14%) vacation pay.

9.02 The vacation period shall be selected by mutual consent of the Employer and employees. If a conflict arises between employees requesting the same vacation period off, seniority shall govern for assignments of vacation time off.

Vacation requests made after March 31st of each calendar year will be granted on a first come first serve basis.

The Employer may consider a request for a vacation where such request is made in excess of six (6) months in advance of such vacation period .

Cancellation of approved vacation time must be done two (2) weeks prior to the schedule vacation time off.

8

Page 9: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

9.03 Employees requesting, for good and sufficient reason, a leave of absence in conjunction with their vacation periods shall request the same in writing from the Employer at least three (3) months in advance of the intended vacation period and permission for same shall not be unreasonably withheld.

9.04 In the event that a paid holiday falls within an employees assigned vacation period, the employee may take that day immediately before or immediately after his/her vacation period.

9.05 Employees leaving the company will receive payment for unpaid vacation pay earned and accrued to the date of the separation .

9.06 Provided the employee requests it in writing, at least 2 weeks in advance, employees' vacation pay will be paid to them concurrent with their scheduled vacation time off. Any unpaid vacation pay accrued to be paid out in a lump sum on the first pay period of July 1st of each calendar year.

Vacation monies will be paid by separate cheque.

ARTICLE 10- WELFARE

10.01 The Employer agrees to contribute for those employees in the employ of the Employer after the probationary period, on the following basis:

Employees scheduled to work thirty four (34) hours per week will have the option to participate in the benefit plan . Employees shall have effective October 1, 2014, forty dollars ($40.00) per month deducted from their gross pay.

The Employer agrees to pay effective October 1, 2014, one hundred and eighteen dollars ($118.00) per month, effective October 1, 2019, the Employer agrees to pay one hundred and twenty four dollars ($124.00) per month and effective October 1, 2021, the Employer agrees to pay one hundred and twenty eight dollars (128.00) per month and the Employer shall remit both amounts as one payment for each employee into the LIUNA Local 1059 Benefit Trust, for the purpose of purchasing life insurance, major medical and dental plan or similar benefits for the employees covered by this Agreement, represented by Labourers' International Union of North America, Local1059.

10.02 The Employer shall remit the contributions referred to in Article 10.01 not later than the fifteenth (15th) day of the month for which the employee worked in accordance with 10.01 above.

10.03 Employees who are off work in conformity with Articles 11, 13 and Article 19.03 (c) who maintain their share of the required benefits contribution will continue to have all

9

Page 10: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

their insurance benefits paid by the Employer, as set out in Article 10.01. Such payment will be made by the Employer for a period of six (6) months or as required by law.

10.04 The Union with thirty (30) days written notice may designate a different Trust Fund than the one set out in Article 1 0.01 .

ARTICLE 11 - LEAVE

11.01 Employees are entitled to ten (1 0) days leave without pay per calendar year for periods of sickness, disabilities, medical and dental examinations, maternity leave, personal/family leave for sickness of dependent children in accordance with the ESA Ontario.

The Employer will pay two (2) sick days per calendar year.

11 .02 Maternity Leave, Parental Leave, Domestic Violence Leave, Pregnancy Leave, Family Medical Leave, Crime-Related Child Disappearance Leave and Child Death Leave shall be granted in accordance with the Employment Standards Act.

11.03 Employees shall notify the Employer in advance, if at all reasonably possible, prior to absences from work. Reasonable requests for absences will not be denied and failure to obtain leave of absence may result in disciplinary action being taken by the Employer.

ARTICLE 12- PAYMENT OF WAGES

12.01 Wages shall be paid by cheque or direct bank deposit to each employee at the job site.

The Employer will provide employees with a pay stub that defines hours worked, overtime hours, hourly wage rate, vacation accrual amounts and all deductions . that are applicable, etc. The pay stub will be delivered or provided to the employees within three (3) working days after pay day.

When an error occurs that is equal to fifty dollars ($50.00), monies owed to the employees are to be paid out within four (4) working days by direct deposit or by cheque.

12.02 In the event of an intended lay-off, the affected employee shall receive notice in accordance with the Provincial Government Regulations.

12.03 The Employer shall, as set out in the Employment Standard Act, after discharging an employee, send by registered mail, to the said employee's last known address on file, the Record of Employment (R.O.E.) together with the employee's final

10

Page 11: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

wages and vacation pay.

12.04 The Employer shall, no later than the next regular pay following an employee voluntarily-terminated employment, send by mail to the employee last known address on file the requirements of 12.03 above.

ARTICLE 13- JURY SERVICE/BEREAVEMENT LEAVE

13.01 Employees who have completed their probationary period and are called to serve as jurors shall be granted leaves of absence without loss of earnings for their normally scheduled hours to a maximum of six (6) weeks.

13.02 Each employee serving such jury duty shall be required to provide to the Employer satisfactory proof of such duty being served.

13.03 Bereavement Leave The Employer shall grant an employee up to three (3) days leave of absence

without loss of earnings following the death of an immediate family member for the purpose of attending the funeral. For the purpose of this clause, immediate family is defined as father, mother, brother, sister, spouse, common-law-spouse, partner of the same sex, child, grandchildren and grandparents.

13.04 The Employer shall grant an employee up to two (2) days leave of absence without loss of earnings following the death of his/her father-in-law, mother-in-law, brother-in-law and sister-in-law.

ARTICLE 14- PROTECTIVE CLOTHING AND TOOLS

14.01 Work uniforms and personal protective equipment shall be supplied by the Employer at no cost to the employees in the bargaining unit, and uniforms must be worn when on duty, as required. The Employer will supply each employee with three (3) pants and six (6) uniform shirts per calendar year but no later than March 30th of each year.

14.02 Tools or equipment needed by employees to perform their respective jobs shall be supplied by the Employer in accordance with Employer policy.

14.03 The Employer agrees to pay up to eighty five dollars ($85.00) per year, or as needed and at the Employer's discretion, for certified safety foot wear where applicable, upon presentation of a receipt for same.

Reimbursements of monies will be paid to the employees by separate cheque.

11

Page 12: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 The following sections and paragraphs are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week except that available work shall be scheduled as follows.

15.02 The Employer shall have the right to implement work schedules as it may deem necessary to meet the operational requirements and to fulfil its contractual obligations to the client.

15.03 All hours worked in excess of eight (8) hours per day or forty four (44) hours per week, shall be paid at the rate of time and one half ( 1-1 /2).

15.04 In computing overtime, hours compensated for at overtime rates under any provision shall not be counted further for any purpose in determining liability under the same or any other provision.

15.05 The Employer shall have the right to schedule overtime when in its discretion same is required. Overtime will be voluntary, but if the Employer is required to assign overtime it will be on a reverse seniority basis (least seniority first).

15.06 When an employee reports for work on a regularly scheduled working day he/she shall be paid for a minimum of four (4) hours at his/her regular hourly rate unless notified at least one (1) hour prior to the start of the shift not to report.

15.07 The Employer shall make every effort to distribute overtime equitably among the employees who normally perform the work to be done. In applying this principle it is understood that if overtime is required at the end of any shift, the employees on that shift would normally be assigned to perform such overtime. The Employer shall give notice of overtime work as far in advance as practicable.

15.08 There shall be an unpaid meal period of Thirty (30) minutes no later than five (5) hours from the commencement of a shift.

15.09 There shall be one (1) paid fifteen (15) minute rest period duration in the first half of each shift, but not later than two and half (2 %) hours of commencement of each shift, an employee will only be entitled to the second rest period if such employee works more than six (6) hours on a shift.

15.10 Any employee working less than forty ( 40) hours per week, shall be offered any extra hours, up to forty (40) hours per week, before other persons are hired or utilized provided this does not conflict with the directives found in the service contract.

15.11 Employees must notify their supervisor with as much notice as possible in the event of lateness or absence from their regular scheduled shift.

12

Page 13: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

ARTICLE 16 - HEALTH AND SAFETY

16.01 The parties recognize the fundamental importance of health and safety and agree that the Employer, the Union and the Employees are each subject to the Ontario Occupational Health and Safety Act, 1997("0HSA") and the regulations there under, as may be amended from time to time.

ARTICLE 17- PROBATIONARY PERIOD

17.01 All employees employed during the term of the Agreement shall be on a probationary period for a maximum of ninety (90) calendar days from their first date of employment for the purpose of giving the Employer an opportunity to assess their qualifications for work assignments and will have no recourse to the grievance procedure for lay-off or discharge during that ninety (90) day probationary period.

ARTICLE 18- JOB POSTING

18.01 Wherever a vacancy occurs, or a new position is created within the bargaining unit, the Employer shall post on a bulletin board accessible to all members of the bargaining unit within five (5) working days, a notice with details of such a vacancy. Such notice shall remain posted for seven (7) days.

18.02 In filling job vacancies, including, promotions, transfers, and new positions, the job shall be awarded within fifteen (15) working days of posting to a qualified applicant able to perform the job, on the basis of seniority.

Job postings, vacancies or new positions shall be first offered and granted to full-time employees.

18.03 Present employees in the bargaining unit shall have the first opportunity to fill any vacancies, as they arise in accordance with the Collective Agreement.

18.04 An employee who is by-passed in favour of an employee with less seniority to fill the vacant job shall be notified in writing as to the reason(s) he or she was not accepted. The name of the successful applicant shall be posted on the bulletin board.

ARTICLE 19- SENIORITY

19.01 Seniority as referred to in this Agreement shall mean length of service in the bargaining unit, dating back to original date of hire, and shall be applied on a bargaining unit-wide basis.

19.02 An employee shall lose his or her seniority and shall be deemed to be terminated in the following circumstances:

13

Page 14: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

(a) if he or she voluntarily quits his or her employment with the Employer;

(b) that he or she is discharged and is not reinstated through the grievance or arbitration procedures;

(c) that he or she is off work because of lay-off, for the length of the employee's seniority or twelve (12) months, whichever is shorter, unless the Employment Standards Act provides a longer period.

(d) Fails to notify or report to work within five (5) working days from the date he or she was notified by the Employer by registered mail to report to work following a layoff, unless a reason satisfactory to the Employer is given.

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

(a) when actually at work for the Employer;

(b) when absent on vacation, approved leave of absence in accordance with Articles 9 and 11 and Pregnancy/Parental Leave, Domestic Violence Leave, Family Medical Leave, Crime-Related Child Disappearance Leave, Child Death Leave in accordance with the Employment Standards Act;

(c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workplace Safety & Insurance Board Act for a period as the Act may provide from time to time.

19.04 An employee who does not qualify to accumulate seniority under Article 19.03 shall maintain his or her existing seniority unless or until he or she loses the same pursuant to Article 19.02.

19.05 Employees shall be required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address and telephone number furnished to it by an employee for all purposes.

19.06 Seniority lists shall be revised and posted in the workplace as needed and a copy sent to the Union.

19.07 (a) In the event of lay-offs, and for the purpose of recalling those to work who have been laid off, seniority shall govern as long as the employee is able to perform the available work with a reasonable period of instruction.

14

Page 15: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

(b) All employees who still retain seniority in accordance with the Collective Agreement shall be given the first opportunity to return to work.

(c) All lay-off notices/letters will be in writing and copies of notices/letters will be sent to the Local Union office. Recalls/letters will be sent to laid-off employees by registered mail and copies of recall letters will be sent to the Local Union office.

19.08 Employees returning from an approved leave of absence as spelled out in Article 11 or Article 19.03 (b), (c) will be returned to their former shift and former duties._

19.09 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement as defined in Article 1 - Recognition, he or she will maintain their bargaining unit seniority for ninety (90) calendar days.

19.10 An employee that retains seniority, returning to work with accommodation/ modified duties will be accommodated. The parties will schedule a meeting to discuss a successful transition. ~

ARTICLE 20- DISCIPLINE

20.01 The Employer recognizes the employee's right to Union representation in instances of disciplinary action by the Employer. Except in cases of suspension or discharge and where the Employer is requested to remove the employee from the premises, when a written reprimand of an employee is contemplated, the employee may request the presence of a Union Representative to represent the employee during such interview. If requested, the supervisor will send for the Union Representative without undue delay and without further discussion of the matter with the employee.

20.02 The first verbal warning may be delivered by the Lead hand.

20.03 When an employee has twelve (12) months of service with no unsatisfactory documentation on file, the Employer agrees that it will not rely upon, use or make reference to any prior disciplinary notices, at any future meetings, unless the discipline is for the same or similar type of offence, a violation of law, an issue constituting a breach of trust or a violation of the clients cardinal rules.

ARTICLE 21 - NON-DISCRIMINATION

21.01 The Employer and the Union agree that there shall be no discrimination or intimidation by the Employer, the Union or any of their agents against any employee or group of employees because of membership or non-membership in the Union or for having in good faith processed a grievance.

15

Page 16: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

21.02 There shall be no discrimination against any employee, male or female, because of race, religious creed, colour, national origin, age or any other Prohibited Ground under the Ontario Human Rights Code.

21.03 In this Collective Agreement, words using the masculine gender include the feminine.

21.04 The Employer and the Union agree to abide by the Ontario Human Rights Code.

ARTICLE 22- MISCELLANEOUS

22.01 Employees in the bargaining unit at the time of ratification of this Collective Agreement shall not incur a reduction in their rate of pay unless the Collective Agreement provides otherwise.

22.02 The Employer agrees to provide copies of all job postings, awards of job postings, notice of WSIB injuries, and accident reports to the Local Union office.

ARTICLE 23- UNION-MANAGEMENT MEETINGS

23.01 The Employer agrees to meet with representatives of the employees when a request for such a meeting is made by a full-time Union representative. Such meetings are to occur within a reasonable period of the request being made but, in any event, not more often than one time per calendar month.

23.02 The person or persons representing the Employer and the Union at such meetings are to be Union representatives and management personnel above the level of those management personnel normally supervising the work of the employees. This clause is understood to be separate and apart from the grievance provisions. The purpose of this clause is to facilitate an exchange of views on problems or suggestions to provide for the better functioning of employees in the workplace.

ARTICLE 24- APPENDICES

24.01 All appendices attached to this Agreement form part of this Collective Agreement.

16

Page 17: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

ARTICLE 25- DURATION OF AGREEMENT

25.01 This Agreement shall be in full force and effect from October 1, 2018 until September 30, 2021 and thereafter shall be automatically renewed and remain in force from year to year from its expiration date, unless, within the period of ninety (90) days before the Agreement ceases to operate, either party receives notice in writing to the other party of its desire to bargain with a view to the renewal with or without modifications of the Agreement.

25.02 On receipt of such notice, the Parties to the Agreement shall convene a meeting within fifteen (15) days and bargain in good faith to endeavour to reach an agreement.

DATED at London, Ontario, this 4th day of September 2018.

FOR THE EMPL YER: FOR THE UNION:

17

Page 18: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

APPENDIX "A"

ARTICLE 1 -WAGES AND CLASSIFICATIONS

1.01 The following wages shall apply to the following classifications during the lifetime of this Agreement:

Classifications

Janitorial

Premiums

Lead Hand

Lead Hand

Effective Oct. 1, 2018 $14.50

Effective Jan.1,2019 $14.80

Effective Oct. 1, 2019 $15.17

$1.00 above the janitorial hourly rate

Effective Oct. 1, 2020 $16.00

Anabela Costa while performing Lead Hand work will be paid one dollar and twenty five cents ($1.25) above the hourly wage rate. ,

Overnight shift premium (1 0:00pm to 7:00am)- $0.25 cents above the janitorial hourly rate.

Employment Standards Act In the event that the minimum wage rate under the Employment Standards Act

(ESA) increases during the currency of this Agreement, the Employer will maintain a minimum of fifty cents ($0.50) per hour between the ESA and the Collective Agreement prescribed rate.

Christmas Bonus All employees shall receive fifty dollars ($50.00) as a Christmas bonus in a form

of a gift card on December 15th of each year.

Attendance Bonus Employees will be paid fifty dollars ($50.00) per year, exclusive of all paid days.

The attendance bonus starts December 1st to the following November 30th . Attendance must be at the ninety percent (90%) rate to qualify to receive their attendance bonus. The payment will be made by a separate cheque on the first pay in December of each calendar year.

18

Page 19: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

MEMORANDUM OF AGREEMENT

BETWEEN: PROVINCIAL CLEANING SERVICES AND SUPPLIES LTD.

(hereinafter referred to as "Employer")

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059

(hereinafter referred to as "Union")

The Employer and the Union hereby acknowledge and agree as follows:

The Employer will continue to pay benefits for Richard Blackwell as long as he is employed at Brose Canada.

Dated at London, Ontario, this / t:J day of~ , 2018.

FOR THE EMPLOYER: FOR THE UNION:

19

Page 20: COLLECTIVE AGREEMENT LABOURERS INTERNATIONAL UNION … and Wast… · all employees of the Employer engaged in cleaning and building services employed at Brose Canada Inc., 1500 Max

MEMORANDUM OF AGREEMENT

BETWEEN: PROVINCIAL CLEANING SERVICES AND SUPPLIES LTD.

(hereinafter referred to as "Employer")

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059

(hereinafter referred to as "Union")

The Employer and the Union hereby acknowledge and agree as follows:

The Employer will continue to pay benefits for Maria Jimenez as long as she is employed at Brose Canada.

Dated at London, Ontario, this 16th day of August, 2018.

FOR THE EMPLOYER: FOR THE UNION:

20