collectiveagreement - ontario · collectiveagreement between junction oay care centre (hereinafter...
TRANSCRIPT
Collective Agreement
between
JUNCTION OAY CARE CENTRE(hereinafter called the 'Employer")
Party of the First Part
and
THE CANADIAN UNION OF PUBUC EMPLOYEESand its LOCAl. 2484-17
(hereinafter called the 'Union")Party of the Serond Part
January I, 201.2 to 0-- .'Ilbel 31, 2014
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Table of Contents
Arude I - ~.u.;I~t Rig/'lb •••..•••••.•.•••••••••••••.••....•..•..•••...••.•••••••••.•...•••..•.......••.•. 1
Article 2 - RKogmbOn ,lnd NegotW.tiOII'I •••....•........•••...•..••••••••••••_•••...•...•......•..••••••••.• 1
Artlde. 3 - No Dls.cnminatlOn ••••••••_•••••.••••.••....•••...••..••_••._••••.••••..•..••..•..........••.•.••.. 3ArtJch!, 4 - UnIOn Mftnbershlp Requ"~1._..•••••..•••••••••••..•••...•...••..•.........•••••••••... 3ArtICle 5 - ChKk--off 0{ Unlofl Dues ••••••••••.•.•••••••.....••..••...•..•.••••••••••.•..•...••...•.••.•.•••. .4Article 6 - AcqUainting Potentl.ll ErnpoIor~...............•...•............_ ..................•.......... 5
Article 7 - Correspondftlce •....•..•..••••.•.•.•••••••••.••••.•...•...•...........••.•••••••••.•_•.••..........•. 5
ArtICle 8 - ubour Mil1\agement 8I.rgl.mlng RelI.tiorllO....••••_............... ..•.._ ....••••••..•,6
Artlele 9 - ResolutionlO,llld Reporu of the Employer I.nd Unlofl .............••••.•.•.••••......... 7Ankle 10 - Grh~v,lllce Procedure ...................•..•.......•••.••••.•.•..........................•••.•••.... 7Article 11 - Arblualion 11
Article 12 - Dhch,lrge. Suspension and Dlsclplinl! .......•...••.••.•..•.•.•...............•.•..••••• 12Artlcll! '3 - 51!nlOfity 1S
Artiell! 14 - Promotions I.nd Slaff Chan9ll!s 16
Artiell! 1S - uyoffs I.fld ReciLlloi ..•.••.••..••.•••.•.•••..•.•...•............................••..•..••••••.•.... 18
Artlcll! 16 - Hours of Work •.••...••••.••••.•••••••••••••••••••.•..........................•••••.••••••.•...•...• 19
Arllell! 17 - Overtime........................•..•.•..•..•.•.•.••••.•••.••.....••...............•......•.•.••••.....20
Articll! 18 - HolidaylO 2 I
ArtKle 19 - VI.OlllonlO .•••...•.••..••.....•.......•....•••..•.•...•.••••••••••••.•.........•................•••_••. 22
Article 20 - SICk ll!aYll! Provisioru ••.•_. _ •••••••••• _•••....•........••...••...•....••.••... _...•••••••.•. 23
Articloe 21 - ll!l.YII! of Absence........................... ...••..•••..•.•.....•.•••.••••••••...•.•. .....•...... 26Artidll! 22 - hyment 0{ Wages and A1lo\o<Q.ncll!S •••••...•..•••..•••....•.•...•••..•••••••••••••.••.... 31Il.rt.ICIe 23 - Employee Benefit Pb:ns ....•...•....•...• ~ .....•.. ,_.•_ ••••••••••••_ •••...•••••••_ ..••.• ]4
ArlJcIe 24 - job ClnsdlGltlon I.Ild RlI!dassd'tCl.bOO ..••..._.••_..•...••••...•••••__•.•••••....•... ]7
Article 25 - HI!I.Ittl & SOlfl!ty....••.••••••••_•••••••••••• _ •..••...••..•••.•.••...••...••••••••••••••.••••.•..• 38Il.rt.ICIe 26 - job Sf!c:unty...••....••.........•....•.••.•.•...•..••••••••••..•._..... .••... .•.. .••... •••••••••.. 39Artide 27 - Child-Adult boo ..•....•.•._•........•.................................................... 39Arbde 28 - GenII!riLl ConditIOns .••.•.. _ _ •.••• _•.••.•.•.••...•••.•.. ,.........•••••••.•0Arttde 29 - EmpMJyll!e Child CMe III!f'ol!frt ...••........•.....•••.••••••.•..•....••...•..••.......•.•.•• 41
ArtICle 30 - Term ofAgr~t . ..... __......•.••••••.•.............•....•.......•.•••••••..41
NII!W ClaulOt!:s.........•..••.•..••••••••••.. _...... .•. .•.•................•.......•...•_•.•................••• 43
Wa9U SdllI!dule A _... . . 3
lETTUl. OF UNDERSTANDING. 1 _ 47
lElTER OF UNDEftSTANDING .2 _ ............• ..•••...48
.-c..en _ CI.I'E: t.- ~11~ C n,lIll4
l£TTUl. OF UNDERSTANDING _) •... ..._. .••. '...••. ~ _ _.. .•. _ 49
l£TTUl. OF UI\lOERSTANOlNG. 4 •...•...••..•...••..._...•••.•••.••. _••.••••••..••••••...•••••..•...•. .•. 50
l£TTUl. OF U"lOERSTANDI'IlG _5 _ _ ...•.........._ _ _._, 5\
Lelttr of Undenumding , 6 _ 54
PARllClPATION AGREEMENT .••....•. .••...••...••....••.•....•....•...................... ..........•..... 55
Artide 1 - Man.gement Rights
1.01 The Union recognizes that it is the v:dusive function of the Empqer to
ope~te.OO1T1.ilO<I9li! ItS MIOHS HI Kcordllrw::e WIth ItS commitments ~dresponsibilities. subject to the terms of the Collective Agreement. The Umonfurther recognizes that it is the exduslve fuoctkwl of the EmpkJyer. Withoutlimiting the gene~lityof the fOregOIng, to.
iI) maintain order. dTsdpline.nd effKlency;
b) hire. transfer, dassify. promote.nd demote employees, l.1.yoff empicJyfl!sand a--Ssign employHs to the various shifts ilnd specify the job usignments
c) determine the methods of oper.Uon and services. and the scheduling of
work assignments;
d) discipline, suspend and discharge an employee for jusl cause,
e) establish reasonable rules from lime to lime 10 be obse~ by employHS.
ArtIcle 2 - Recognition and NegotiaHon
2.01 Bargaining Unit
The Employer recognizes lhe uMdlan UnIOn of Public: Employees as the
boJrgalmng agent of aD emplaf'ees ofJuocuon Day~ Cenlre In MetropolitanToronto, save and except SUpervi5OfS. and those persons aboYe lhe ~nk of
supervisor.
2.02 Work of the Bargaining Unit
Employees of the DaV Care whose jobs are not in the bargaining Unit shall not
work on arTY jobs whiCh are included in the bargaining umt. exapt for purposes
of instruction. training, in cases of emergency. and in cases mutually agreed
upon by the parties.
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2.03 Tempo~ryEmp40~
a) Tempor.uyem~sMe empfootees hired for a fIXed period of time of not
mor@than six (6) months or who iIl"e employed to r@plac@~ @mpkJyeeon
mat@rnlty, en@nded u::k leave or Workec's CompellQtlon Le~@, or k!;JV@of
absence.b) Temporary employees shall not be eligIble for seniomy, paid k!ave of
abs@nc@(exc@ptber@av@m@nt)orbenefits caveragE!, as set out in Artick' 23.Paid holid<tys and vacation will be as per Employment StiJndJrds Act.
c:) T@mporaryemploy@eswlll be paid al the start rate of Schedule A. Part
lime staff who are members of the bargaining unlt will continu@ to r@c@lve
10 "t 4% vacation, 6" in lieu of benefits) if they are asslgn@d to a
temporary position.
2.04 Part-time Employees
a) Part-time employees are employees who are regularly emFNored for twenty
(20) hours per _k or less.
b) Part-time employees shall not be@hgibkfor paid ~s of absence (ucepl:
bereavem@flt), hob~. V<lQtlOfl. vacatIOn pay, or employee b@n@fJU, under
Article 23.
c) In lieu of these ~flt$ part ti"", employees shall recetve an hourty
suppk!ment equivaknt to len percent (lmQ (4" vacatIOn P'i'y, 6" In I,@u of
benefits) of their ~uLuhourly rat@ for@ach hour KtUa.lIy worked for the
Centre.
d) Part-time employees shall be offeried, bot or&!:r of senionty. th@rightof
r@fusaltobe scheduled 10 r@plac@full-Ilmeemployeesonapprovedleaveof
Pai!@2
~o-,e-_cuoeUlClll_'1
~ ~:n..ll)l·
absence or during puk periods O.e. schedukod 'Khool closures). The
Khedubng of tMs-t nours shaJl not affect the MlpkJ'fee's Matus as a parttime employee provided the term of Mlployment l!.1lceechng twenty hours per
week doE's not surpass SIX (6) weeks In any eight (8) week penod. Weeki mayl!.1lceed this onty during summer months.
2.05 No OCher Agreements
No employee shall be required or permitted to make a 'Mitten or verbal
agreement with the Employer or his her representatives. which may conflictwith the terms of this Collective AgrHment.
Anlc~ 3 - No Discrimination
3.01 Employer Shall Not Discriminate
The Employer agrees th.it there shall be no djscrimination,lnterfe~nce,
~Stne:tion or ~rtiCln l!.1lercised or pRcmed with respect to any employee In
the matter of hiring, WOIIgt ntes, tnlmng. upgr.Jdlng, Pfomotion, tnnsfer,layoff, rKall, disciplill4i!. da..ssifotion, discharge or otherwise by reason of r.tCe,
ancestry, place of OliglO, colour. ethnIC OrlglO, CItizenship, creed. sex, age.record of offences, manta! WtllS. brnily status Of handicap.
Article 4 - Union Membership Requirement
4.01 Emplo)'ft:i. to be Members
The Union agrees with the Employer's proposal for a modified shop. As a
condition of employment .11 employees of the Employer who .Ire members ofthe Union at the tlroe of certifIcation shall remilin members in good standing of
the Union according to the constitution and by-laws of the Union. As a
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conchtJon of empk7fment ~II new empk)yees who are ~be", of the
biI~ining unit sNll become and rem.1Jn members In good su.ndlng of theUnIOn within thirty 00) tbys of empbyment.
ArticM: 5 - Check-off of Union I>u6
5.01 Check-otf Payments
The Employer shall deduct from f!Vef'( employee any dues levied by the Union
on its members. The Union shall inform the Employer in writing of theauthorized monthly cWductlons to be checked-off as defined above.
5.02 Deductions
Deductions shall be made from each payroll of each month and shall be
forwarded to the National 5KretaFY-Treasurer of the Union not later than the
fifteenth day following the end of the month, accompanied by a list of thenamu, addresses and dusiflQtions of empbfees from whose wages the
cWduetlons have been made.
5.03 Dues R~pU
At the same time that Income Tu: (T-4) slips are madfo avail.ab'e, the Empbfer
shall typt' on the amoum of Union dues paid for each Union membet in theprevIOUS )"!'ar.
5.04 IndemnffiQtion Clause
The Union agrees to Indemnify and save the Employer hllrmlen from all SUitS,
lIetiOns, claims lind demllnds or any kind or nature wtu.tsower whkh mllY litlIny time be brought against It by reason of the cWduetlOn of dues .u
aforesaid.
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Art~cle 6 - AcquaInting Potential Employees
6.01 Potential Employees
The Employer agrees to advise potential employees of the fact that a union
agreement is in effect, and with the conditions of employment set out in the
article dealing with union security and dues check-off.
6.02 Interviewing Opportunity
Every new employee shall be given an opportunity to be interviewed by a
representative of the Union within regular working hours, withoul loss of pay
for either, a maximum of thirty (30) minutes, during the first month of
employment, for the purpose of acquainting the new employee with the
benefits and duties of Union membership and her/his responsibilities and
obligations 10 the Employer and the Union.
Article 7 - Correspondence
7.01 All correspondence between the parties arising out of this Agreement or
incidental thereto, shall pass to and from the Employer and the Steward of the
day care. A copy of any correspondence between the Employer, and her
designate, and any employee in the bargaining unit pertaining to the
interpretation or application of any part of this Agreemenl, shall be forwarded
to the Steward or her designate.
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Article 8 - Labour Mana~mentBargaining Relations
8.01 Union Bargaining Committee
The Employer shClIl re<:ognize a bargCllnlng committee of up to three (3)
employees. The Union will advise the Empta,rer, in writing, of the Union
members of the bargaining team.
8.02 Representative of Canadian Union
The Union shall have the right at any time to have the assistance of a National
Representative of the Canadian Union of Public Employees when dealing or
negotiating with the Employer. Such representative shall have access to the
Employer's premises at a mutually convenient time with prior arrangement with
the Employer in order to Investigate Clnd assist in the settlement of a grievance.
8.03 nme Off For Meetings
While meetings will normally be held outside of woric.ing hours any
representative of the Union or the Bargaining Team, who is in the empla,r of the
Employer. shall have the right to attend bargaining meetings with the Empla,rer
held within working hours without loss of remuneration.
During Collective Agreement negotiations, the £mployer agrees to make
available to the Union, and the Union agrees to make available to the Empla,rer
any readily available Information that will assist the other party in making or
responding to collective bargaining proposals.
8.04 a) The Employer recognizes the right of an employee to participate in public
affain. Therefore. upon written request. the Employer shall allow leave of
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absence wtthout loss of s~lorlfy, but with no salary or benefits, so that an
employ~may be a Cilndidate In fedl!ral, provioc:iaJ Of municipal elections
b) An employ~who is elected to public office shall M aJlowed Ie<we of a.bsenceWIthout k>ss of seniority duling his term of offICe.
c} An employee who IS elected or selected for a position .... lth lhe UnIOn, oranybody with which the Union is affiliated, shall be granted leave of absence
with accrued senlOnty, and without payor benefits, for a ~riod of up to two
(2) years. Such leave shall M renewed on request by the employee.
Article 9 ~ Resolutions and Repons of the Employer and Union
9.0 I The Employer and the Union agree to maintain an open file available to both
parties In which both parties shall maintain any government proposedlegIslation or other rules, regulations or materials relevant to day care centreswhich come to the attentiOn of either party.
10.01 Recognitkm of Unkm StewMds ;rond~ Committee
In order to provlde an orderly;r,nd speedy procedure for the settling ofgriwances, the Ern~rac~ the rights and duties of the Union
Stewuds, The Stewa.rd wll nsm ;rony emplovee, which the St~rd
represents, in prepa.ling;r,nd pruentlng her, his grievance in OKCOfdance WIth
the gfl('Vall(e procedure.
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10.02 Union St-.mls
There shall bl! one Steward .lind one .ltem.JIte Steward. Thl! Union shill! notIfythe Employer in writing of the rwnes of such penons and of a.ny ch.anges to
this list.
10.03 ~rmisslon to lNve Wort
The Emplover agrees that Stewards slu.ll not bl! hindered, coerced, restr.lined orInterfered with in u!y way In tke perform.nce of their duties while InveStigating
and presenting grievances u provided in this Ankle.. Thl! Union rKognlzesthat f'ilch Steward is employed full-time by tl'le Employer and that such duties
shall have priority over union matters and that she/he will not leave her/hiswork area during working hours except as may bel:;ome necessary to perform
her/his duties under this Agreement. Therefore, no Steward shaliluve her/hiSwork area without pr~louslv notifying her/his supervisor. Time for steward
duties shall be granled within the next working day, subject to programming.
10.04 Definition ofG~
A gMvance shall tit" defined U iilny difference arising out of the interpretation,apphcatlOn, .dmlTlistration or ;alleged vtolation of the Collective Agreement.
10.05 It is the mutU.JII desire of the paltteS hereto that complaints of employees shallbe .djusted as quickly.s possl~ and in the order u WI out bl!1ow.
SteD 1
It is understood thiit iiln empJoyee hJ.s no gr1ev<lnce until w hJ.s given herSupervisor the opp)nunlty of adjustIng her complaint. Such grievance must be
made Within ten (0) workIng days from the time It came or oughlto have come
to tke attentIOn of the employee. failing which it shall be barred from Ihe
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grievance procedure. If such grievance 11' not settled to the satisfaction of the
employee concemed within four (4) working days, then the following steps maybe invoked in order.
Step 2
The complaint will be prepared as a written grievance within ten (lOJ workingdays following the expiration of the time to resolve the complaint in Step 1.Such grievance will state the clause or clauses in the Agreement alleged to have
been violated and Will be dated and signed by the grievor and will be presentedto the Supervisor. After any necessary discussion, but within four (4) full
working days, unless a longer period be agreed upon by the parties, theSupervisor will give her answer in writing.
Step 3
If the grievance is still not settled, the Union Will present the written grievance
to a member of the Board of the Employer within ten (1 0) working days afterreceiving the answer In Step 2. The Board shall consider the grievance at its
next monthly meeting and shall render its decision within ten (10) working daysafter the monthly meeting. It is understood that should the Board not have a
regular monthly meeting scheduled, a special meeting will be called to addressthe grievance no later than one month after its receipt. The Board would thenrender its decision within rNe (S) working days of the special meeting.
Failing settlement at Step 3, either party may refer the grievance to a Board ofArbitration in accordance with Article 11. If arbitration is to be invoked, the
request for Arbitration must be made within twenty (20) working days after ananswer has been given to the grievance in Step 3 above.
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10.06 Policy Grievance
Where a dispute Ifl\Iolving a question of general application or interpretation
occurs, or WMr2 tne Union has a grievance, Step 2 of this Article may be by_
passed. Where the Employer has a grievance. it shall present it in writing to the
National Representative of the Union and such shall constitute Step 3 for that
purpose.
10.07 Grievance on Health and Safety
An employee or a group of employees who Is requested to work under alleged
unsafe or unhealthy conditions shall have the right to file a grievance in the
third step of the grievance procedure for preferred handling.
10.08 Replies in Writing
Replies to grievances stating reasons shall be in writing al all stages.
10.09 Facilities for Grievaoces
The Employer shall supply the necessary facilities for the grievance meeting.
10. I0 Mutually Agreed Changes
Any mutually agreed changes to this Collective Agreement shall form part of
this Colleaive Agreement and are subjea to the grievance and arbitration
procedure.
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10.11 Grievance and Arbitration Pay ProvIsions
The aggrieved Employee and the Shop Steward of the Union shall not suffer anyloss of payor benefits for the total time reasonably Involved in the processing
of a grievance.
10.12 Extension of TIme Umits
The time limits In this Article may be extended in writing by mL1tuai agreementof the parties.
Artkle 1 I - Arbitration
11.01 No matter may be submitted to arbitration, whk::h nas not been properly carriedthrough all earlier steps provided for in the Grievance Procedure.
11.02 The Employer shall select one person, the Union one person, and the two thuschosen shall select a third party who will aa as Chairman and the Board thusconstituted will hear the parties, confer and render a decision, said decision to
be flnal and binding upon both parties to the Agreement. Upon fallure to agreeon the selection of the third, the matter shall be referred to the Minister of
Labour for the Province of Ontario, With the request that he appoint a
Chalnnan. The expense of such a third party will be borne equally by both the
Employer and the Union.
11.03 The Arbitration Board shall not be authorized to mak.e any decision inconsistentwith the provisions of this Agreement, nor to alter, modify, add to or amend
any Piut of this Agreement.
I 1.04 Notwithstanding the provisions of Ankle 1 1.02, the parties hereto may selectone (1, person as an arbitratOr to whom any such grievance may be submitted
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for arbitration and such person shall have the ~me powers and be subject to
the same restrictions as a Board of Arbitration appointed under this Agreement.
11.05 Amending ofTlme Umits
The time limits fixed in both the grievance and arbitration procedure may beelltended by consent of the parties.
Article 12 ~ Discharge, Suspension and Discipline
12.01 a) Notice
The employee shall be notified In writing of any expression of dissatisfactionwhich may be detrimental to an emplo'(1!e's advancement or standing with
the Employer, whether or not It n>lates to hisfher work within thjrty~f1ve (35)days of allegation being made known to the Bodrd ofDireaors. The Shop
Steward at the Day Can> Centre is also to be informed within the ~id timeframe. The notice shall include the particulars of the allegations made
against the employee.
VerbilJ notke may be substituted for written natke, where the employee andshop steward were clearly aware of the allegation and Wi!re given an
opportunity to attend before the Board ofDirectors and respond to the
allegations.
If notice is not given as required by Article 12.01 a) and 12.01 b), no
disdpllnary action may be taken againstlhe employee.
Pa~ 12
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bl Right to Respond
The ~mployee, upon beiog gM!n notlC~ thai she he is un<k!r investlgahon.stw.1I be gMn the oppol'tunlty to ~pond 10 the an~gauons prior to any
decision by the Emplclo(ff u to whether disciplinary action reqUired.
12.02 The rKOrd of an ~mplo~ shan not be us~ against her"hlm at any time aft~r
lWetv~ (12) conse<;Utfve dut months following a suspension or disciphnary
aakln. Indudlng Ien~rs of r~prImand or any adYt!rse r~pons.
12.03 Right to Hav~ Steward ~nt
An employee shall have the right to have his/her Steward present at any
discussion with repre5entatlv~5) of th~ Employi!r. which th~ ~mploy~~ bel~~s
might be lhe basis of disciplinary action. Where a supervisor or other Employerr~presentative Intends to lnterv~an ~mployee for disciplinary purpos~s. the
supervisor or representative shall notifY the employee of that fact, sufficiently inadvance of the interview in order that the employee m~ amm9fe for his, her
Steward to attend the inlerview.
12.04 Access to Pe:rsonnel fUe
An employee stwlll Mve the right at any time to have access to and revIeW
her his personnel file In the presence of tM supervisor and lhall hav1! the right10 respond in wrilmg to any documenl contained herem. Such reply shall
become pan of the perm.1nent record. The file cannot ber~ from the
offk~
12.05 Use of~km as Discipline
Demotion shall not be used as a disciplinary measure.
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12.06 Prindp6e of Innocenc~
Both paItI~s agree: tMt an employee: is considered Vlnoc:f'rrt until proven guilty.
The Emp&oye:r agrfl!.s to ~mpkly progressive: dtsdphnary procedures asappropliat~ l'oerbal warnings, wnn~nwarnings, suspensiorls and tenninauon)
wMre there is just Ciluse.. Therefore, in the event the Empkly~r lrutlates a
diKiplinary action agaInst a.n flTIp60yee who I'1as completed her his
probatlona.ry period and which may result in the sU!>pension or discharge of tne
~mpIoYN:, the procedure outhned in Letter of Understanding '5.
12.07 Crossing of Pickel Une:s During Strike
An emplOYN: covered by the Agreement shall have the right to refuse to cross a
pkket liM or to handle struck work arising out of labour disputes. Failure to
cross such a pkket line or handle struck goods bv a member of this Union shall
not be considered a violation of this Agreement, nor shall it be grounds for
diSCiplinary action. An employee who is absent by r~~n of refusal to cross a
picket line shall be paid a.t the dlKretion of the EmpkJyt!r. It is understood ttldt
the employer retains the right to make the necessary arrangements to move the
progrMn to a neutralloc.ltion and conun1Je to run the dayare.
12.08 Pohtical Action
No employN: shall be disdphned for panicipauon in any pollual KllOnCS)
called bot the Canadla.1l Labour Congress, its affiliates or subordinate bodieL
Employees panidpanng in any such action shall be gr.lflted ~ approye:d.
unpaid luv~ of absence, if such aaiems ocOJr dUring the em~s' normal
wortting hours. Such Ie~ shall be granted to each ~mployft a rnnimum of
onc~ per G1Iendar year, AfT'( subs~uent leavE'{s) within the same ca.1~ndary~r
for political aetion purposes must be pre-approved by thl! Employer, or th~
absence may result In dlscipUne.
Pa~ 14
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Alto I 3 - Se:nloOty
13.01 Seniority Oefirwd (T~ of Se:nionty Unit)
Sefllonty h deflnE'd as thl!: length of continuous semee in the employ of tM
Employer and shall be used as set out in other provisions of this Agreement.
13.02 Seniority UU
The Employer shall maintain a senlonty list showing the due upon which eachemployee commenced employment. An up-to-d3te seniority list shall be sent
to the Union and posted WIthin tM day care centre in July of each year.
13.03 Probation for Newly Hired Employees
A n_tv hired employee shall be on probation for a period of she (6) months
from the d3te of hiring. After successful completion of the probationary period
seniority shall be effective from the orlgl~1 d3te of employment.. Probationary
employees shall not have the right to grieve discharge. The probatlOrl<lry
period may be extended one (11 mond! on agreement of the pa;nlt's.
13.04 loss of SenkKiry
Semonty shall be considered tenrllnaled and an emp60yee shall be deemed tohave qun: heremp~t If SM
a) voluntarily 'eaves the emp60yment of the Employer.
b) is discharged for just Gluse.
c) is absent from wort. for more than three: (3) wort.ing days without prior
notification to the Employer.
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d) fails to return to work after a rKall from layoff within SE'Ven (7) days after the
posting of a regislered lener 10 her last lined address with the Employer;
e) fails to return to work upon conclusion of a leave of absence unless her
failure 10 return Is for reasonable cause;
f) fails to take a medical examination as required by the Day NUf5eries Act by
qualified medical practitioner; and
g) is not recalled 10 work within an eighteen (1S) month period after her layoff.
Artide 14 - PTomotions and Staff Changes
14.01 Job Postings
When a vacancy occurs within the bargaining unit which the Employer chooses
10 fill, or a new position is created within the bargaining unit, the Employer
shall immediately notify the Union in writing and post notice of the position on
a bulletin board for a minimum of fIVe (5) working days so that all membef5 will
know about the vacancy or new position. Positions shall be posted within one
(I) week of a vacancy.
Whefl~ a vacancy OCC:Uf5 because the College of Early Chtldhood Educators has
suspended the license of an feE employee, the Oaycare shall refrain from
posting a full-time regular position to replace the suspended employee during
the one year period following the date of the employee's suspension by the
College of Early Childhood Educator's. Does not supersede article 1.01.
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14.02 Information in PoSllngs
Such notice shall conUm tM fol1oNJng mformation
Nature of position, quahflu.tions, reqUlfed kfIowkodge and edlXatlOn. skills, age
group and salary rate or~
14.03 Union Preference
OUtside applications for any advertiSMI vacan<)' shall oot be considered untIl
such time as applications of present union members ilt tM Day Care Centre
have been fully processed in accordance with this Article.
14.04 Role of 'SE'nlority in Promotions and Transfers
If In the opinion of marnlgement. whieh opinion shall not be made In a manner
which is arbitra!y, discriminatory or In bad faith, the skill, ability, nperlence
and qualifICation are relatively equal between two (2) Of more employfts,senionty sh.111 be the dedding fiKtor when decisions Me made With regard 10
promotions, transfers or staff changes wlthm the bargaining unit.
14.05 Trial Period
The successful applicMlt ~II be notIfied within one (1) week following the endof the posting period. She he sholll be ~ed 00 trial for iI period of up four (4)
months. ConditiorW on sausfactory semce. the empk:lyff wll be deduedpermanent after the period of four (4) months. In the evenl the successful
applicant PfClYeS unsatisfactory In the POSitlOO dunng the mal period, or If the
employee IS unable to perform the dut~s of the new job claSSIficatIOn she he
SN.II be retumt'd to her his former positIOn, wage, salary rate, Without loss of
senionty.
Pa~e 17
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Arrv other emploo(ee tempo~rny promoted Of transfenfll because of the
rear~ngementof poSitions $hall also be returned to her his former positIOn.wagt!': or salary rate, without Ion of senionty.
14.06 NotifICatIOn to Empkloyee and Union
Yo thin fourteen (14) wortmg days of the date of appoIntment to a vacantposrtlOn. the name of the suec~s(ulapplbnt shall be posted on ill bulletin
board.
Article 15 - LJyoffs and Recalls
15.01 Definition ofl.ayoff
a) A layoff shall be defined as a lack of work whkh results in a reduction inthe workforCl'!.
b) When a change in hours of work Is requited the employer wlll meet WIth the
union to discun atl:ematives.
15.02 Role ofSeonKlrity in Ltyoffs
Both partles recognIZe that job sewnty shaJllnc::rease In proportion to length of
servx:e.
Empkloyees shall be bid off In the rwerse order of their senlornya~
pn;!"Irided that the remaimng jobs sha.tl contmue to be filled ..... rth qualiftedempkJyees In accordance wrth the Day Nurseries Ad..
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15.03 RKalI Procedures
EmpkJy~s shall be reuJled In order of their senionty provicHd employees ueq~llf~ in accordaoce WIth the o.,y Nurseries Act.
15.04 No~ Employees
~ employees stall no!: be hired until those laKl off have been given an
opponunity of recall subject 10em~ bemg qualified under the DayNurs«ies Act.
15.05 Advan<:eNoticeofUyoff
The Employer shall provide one (I) month's notice of lay-off to Ihe employ~.
Anicle 16 - Hours of Work
16.01 a) Regular Daily and Weekly Hours For Full Time Empk7t~
Daily hours of wort. sMA be seven (n hours per day. The regular weeklynolUS shall be thiny-flYf: (35) nours per ""eek, Monday to Friday.
b) Maximum Daily and Weekly Hours for Pan rime Employees
"'The maximum regular daily hours woRed shall be four (4) hours per day.
"'The maximum regular~Iy hours shall be twenty (20) hours per week,
Monday to F~.
16.02 lunch BreaIr.
There shall be a one (1) hour unpaKllunch break per wort.ing day. Should il1I
employee be required to wort. the lunch periOd while on a field trip, such
Pa!/f: 19
~ Do<r en _ C1.f'fc~~17
~ "'"' .n, 1lI14
employeii! ~1 be permitted to either tAke the klnd\ bru.k when~ return to
the (entTe or leave early or take It illS heu ume at a tune mutually ~reed upon,providing, In allmsunce$. the child suff ratios are m.JIinu.",ed,
16.03 Flexible Woriting Houn/Weoek
During the life of this Agreement, nve:lble WOIiting houn may be Introducedprovided that: (a) they are mutuafly agreed upon betwl!'en the employeii! and the
Employer, and (b) the number of houn worked in the coune of a day dol!'s notexceed the hmit stipulated in clause 16.01 above..
16.04 Working SChedule
The hours and days of work of each emploY1!e: shall be posted on a monthly
basis in an appropriatl!' place at least two (21 weeks in advance.
16.05 Paid Rest Periods
All employees shall be grvet'1 a i»kI rest period of fifteen (15) minutes in the
first and se<:oncI half of their dally shift in an area made available by tMEmployer. If mutually agreed to berween the parties the twO (2) rest periods
shall be combined. Should an EmpkJyee miss a rest period due to ratiorequirements while on a fMeId trip, 1M Employee sNll be ~titled 10 straight
time off In lieu of oyertlme scheduled at a time mutually agl'Hd to by tMsupelVi~rand the Empbyee..
Artkle 17 - Overtime
17.01 Owtortime Defined
All Ume worked before or after the rE'9ular work day shall be considered
overtime.
Page 20
17.02 ~rume Rate
Ovenlme work shall be p;ud for lot the roue of bl'TW and one-half.
17.03 Any empq.ee ri!quested to attend staff meetJr'lgs Outside the reguw wortday
shall be entitled to str.Light tllne off Jr'I IIw of oyenim~ AJllieu lime will be
tak~ wlthm a thiny nO) day penod.
Employees an~ paid four (4) lot aver-time rate for each E.c.E. placement student
supervised.
Ankle 18 - Holidays
18.0 I Paid Holidays
The Emplover rKognins the following loS paid holidays
New Year's DayGood Friday
Family DayEaster Monday
Vlaona Day
Canada [).J.y
CMe HolidayLabour [).J.y
ThanbgMng Day
Chrlstmas Day
BoXing [).J.y
Any day proclalmed.lIS a holiday bot~ Federal. Provincial or MUnKlpal
Goyemm~t.
The Centre will dosebe~ Chrtstnw; and New Year's. Those days, wtllch are
not paid holidays. shall be laken as paid tllne off, with no deductions from
Vacilltion or Holiday allotments.
P~21
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18.02 Compensation for Holidays on saturday or Sunday
When any of the above-noted holidays falls on a Saturday or Sunday and is not
proclaimed as being observed on some other day the Employer shall declare to
be the holiday for the purpose of this Agreement.
Anlcle 19 - Vacations
19.01 length of Vacation
An employee shall bE' entitled to vacation with pay in accordance with years of
service as follows:
less than 1 year
After 1 year
After 2 years
After 3 years
After 15 years
Employment Standards Act
2 weeks
3weelu
4 weeks
5 weeks
19.02 Compensation for Holidays Falling Within Vacation Schedule
If a paid holiday falls on or Is observed during an employee's vacation period,
he/she shall be allowed an additional vacation day with pay at a time mutually
agreed upon by the Employer and employee.
19.03 Vacation Pay on Termination
An employee. terminating employment at any time in the vacation year. prior to
using her/his vacation, shall be entitled to a proponionate payment of salary or
wages In lieu of such vacation, within thirty (30) days of termination.
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19.04 The Employer shall post a vacation schedule by March 301ll for employees 10
indicate their vacation preference on. Employees shall indicate their vacationpreference by April 1QIlI. The Employer shall post a finalized vacation scheduleby Apri115'~. \\'herll' tl'\lull' Is a conflict over a vacation requll'st, seniority shall
govern. After April I Sill, employees shall be grilnted vacation on a first come
basis.
I g.OS Maximum Annual Carry Ovll'l'" of Vacation
An employee is permitted to carry forward no more than ten (l0) days vacation
from the previous year to the following year.
Article 20 - Sick Leave Provisions
20.01 Sick leave Defined
Sick. leave means the period of ume an employee is unah"" to attend work dueto an illness or an accident.
20.02 Amount of Paid Sick leave
5ubjed: to Article 20.03, sick leave shall be earned at the rate of one and one
half (l~) days for every month an employee is employed. Part-time employeesshall receive onll' and one-half (1 ffi sick. credits for every month an employee isemployed. A sick day refers to the hours a p<Jrt time staff is scheduled to work.
It does not include supply hours which are in addition to the regularlyscheduled hours.
20.03 Accumulation of Sick leave
Sick days accumulation iru::reased from 60 to 90 days.
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20.04 Employees are entitled to sick leave when they are unilble to attend work due
to illness or iUl accident suffered by themselves or a member of their family
in need of their care. An employee shall be allowed a maximum of twenty
fIVe (2S) sick days from the unused portion of their sick leave bank when
they are unable to attend work due to the illness or accident suffered by a
member of their family in need of their ure.
A deduction shall be made from the unused pottion of an employee's sick
leave of all normal working days (excJusive of holidays) absent for sick luve.
For purposes of this atticle a "day' muns a regularly scheduled workday for
the employee claiming a sick leave benefit.
20.05 Proof of utoess
An employee shall be required to produce a certifICate from a medical
practitioner when absent three or more consecutive days certifying:
a) that she/he was unable to uny out her/his duties due to herfhis illness; or
b) a family member of the employee was ill and In need of her/his care
The cost of any medical certificate not covered by OHIP or the extended health
benefits carrier shall be paid by the Employer.
20.06 Sick Leave During layoff
When an employee is laid off on account of lack of work, shefhe shall not
receive skk leave credits for the periOd of such absence.
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20.07 Sick leave RKords
In December of each year the Employer will advise each employee in writing of
the amounl of unused sick leave credited to the employee.
20.08 Workers' Compensation Plan
The Employer agrees to panidpate in the Workers' Compensation Plan and to
cover all employees under tM Plan.
20.09 Mental Heatth Days
Effective january 1. 1992, Employees will be entitled to six (6) mental health
days. per annum, to be used only with the mutual a9reement of the supervisor
and the employee. Mental health days may not be carried over to the following
year and when used, will be deducted from the Employee's sick leave bank.
20.10 Severance
Upon severance by the Employer, the employee shall be entitled to
compensation equivalent to one (1) week per full year of employment at
junction Day Care. The employee must have been employed at junction Day
Care for at least fIVe (S) years for the severance compensation to apply. There
is a ten (10) week maximum. severance is not "discharge or suspension" as
defined In Anicle 12, or a temporary layoff.
20.11 For purposes of this provision severance of an employee by the employer
does not indude a loss of seniority as defined in Anlde 13.04 a) b) c) d) e) f)
and g) or a temporary layoff or suspension.
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Artkk! 21 - Leave of Absence
21.01 leave of Absence for Union Functions
Upon wrinen request to the Employer an Employee elected or appolmed torepresent the Union at conventions, conferences and educationals shall be
allowed leave of absence without pay but with benefits. A request by morethan one Employee for the use of this leave, on the same day(s), shall be
subject to management approval. Such approval shall not be withheld In anarbitrary or discriminatory manner.
21.02 Paid Bereavement leave
An Employee shall be gr<l.nted a leave of ab~ncewithout loss of pay for thefIVe (5) consecutive working days immediately following the death of a parent,wife, husband, brother, sister, child, common-Iaw-panner, same sex panner
or child's parent provided that such days were scheduled working days for theEmployee. An Employee shall be granted a leave of absence for one OJworking day after the death of a gr<l.ndparent, grandchild. aunt, unde,mother/father-in-law provided that such day was a scheduled working day for
the Employee. Employee will be granted three (3) additional days of leave ifburial takes place outside of the province, and four (4) additional day of [eave
if burial takes place outside the country. With approval from their supervisorand under extenuating circumstances, an employee may request and be
gr<l.nted bereavement leave which may stan at a time later than immediatelyfollowing the death of the loved one as above.
21.03 Maternity, Adoption and Parental Leave as a Right
Maternity leave, adoption, arn:l parental leave shall be granted as a right. The
Employer shall not deny the pregnant employee the right to continue
__..:.;:m~ploymentduring the pe;:'~;O~d:,::o:,f~P:'''~9~"~'~"~SY;t;. ''::"_~
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21.04 Maternity leave adoption and parental leave shall be granted as a right. TheEmployer shall not deny the pregnant employee the right to continueemployment dUring the period of pregnancy,
21.05 Maternity, Adoption and parental leave shall cover a period up to eighteen(18) months before and/or after the birth or adoption of a child. During this
period, full seniority shall accumulated. Benefits shall be paid by theEmployer for the period of the Maternity, adoption or parental leave allowedunder the E$A. Employees will be granted an additional six (6) months leave
with no benefits. The Employees may choose to continue benefit coverage for
the extended part of the leave. by notifying the Supervisor and arranging forthe payment of premiums. This notice shall be provided by the Employee
prior to their departure for Maternity. adoption or parental leave.
21.06 Pregnancies and Parental leave
a) When an employee decides to retlJrn to work, after maternity, adoption orparental leave, she shall provide the Employerwith at least one (1) month's
notice. On retlJrn from maternity leave, the employee shall be placed atleast In her former position. If the former position no longer exists, sheshall be placed In a position of equal rank and value at the same rate of
pay.
b) Pregnancy and Parental leave Supplementary Employment Insurance
Benefit
The Employer will pay to an employee taking a pregnancy or parental leave
an Employment Insurance (El) Supplementary Benefit of twenty percent
(20%) of her/his pre-leave salary for a maximum period of 52 weeks fromthe commencement of the pregnancy and parental leave.
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UD<In c.,. tote ... Clft t<><iIII ~11~ oec_ 11,llIl'
An employee must be eligible to receive employment insurance benefitsand must apply for these benefits before the EI supplementary benefit ispayable by the Employer.
21.07 Special leave
Employees shall be allowed leave of absence with pay and without loss ofseniority and benefits for the following reasons:
Reason
Moving own household
Parental leave
leave of Absence
One (1) day
two (2) weeks
Employees shall be allowed one (1) additional day for serious household ordomestic emergency or formal hearing to become a Canadian Citizen.
21.08 leave of Absence for Diseases and Conditions Harmful to Pregnancy
A pregnant employee shall after notifying the supervisor re<eive an
Immediate leave of absence in the event that a known or suspected diseasewhich could prove harmful to either the Employee or her fetus occurs in the
Day Care Centre. This leave shalt continue until all danger from such diseaseor condition ceases to Uist. The Employer shalt continue to pay the
employee's wages and benefits for a period of two (2) weeks. An employeeshaH only be entilled to one (I) sudlleave per pregnancy.
An employee may be required to produce a certificate from a medical
practitioner certifying that such a leave was necessary and/or a statement
suggesting the Employee may return to work without risk to themselves, theirco-workers and the children in the centre.
Page2S
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21.09 Emergency leave
The parties agree that the provisions of SectiOns SO - 53 of the Employment
Standards Act, 2000 (SO Chapter 41) shall apply, notwithstanding the fact
that the Employer does not regularly employ SO or more employees.
21.1 0 Jury Duty
An employee called to serve on jury dury or subpoenaed, CIS a witness shall be
granted leave of absence and shall retain and accrue senioriry during such
absence. Employees who are required as a Juror or witness shall continue to
be paid the regular pay, which they would have earned for their scheduled
hours of work, provided they pay any fee, not including any allowances,
received for jury dury to the Employer.
21.11 Domestic Violence
The Employer agrees to recognize Itwt employees sometimes face situoiltions
of violence or abuse in their personal lives that moilY affect their attendance or
performance at work. For that reason, the Employer agrees than an employee
who is In an abusive or violent situation will not be subject to discipline if the
absence or performance issue can be linked to me abusive or violent
situation. It Is understood, and agreed that such work performance Issue
shall not Include the physical abuse of a child in care, but that the domestic
violence faced by the employee shall be considered as an utenuating
circumstance in assessing potential discipline. Absences, which are not
covered by sick leave or dis.abiliry insurance, will be granted as absent with
permission without pay not to uceed two (2) months.
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21.12 Compassionate Care Leave
(a) Compassionate care leave will be granted to an employee for up to eight (8)
weeks within a twenty-sil( (26) week period to provide care or suppan to afamily member who is at risk of dying within that 26-week period in
accordance with section 49.1 of the Employment Stilndilrds Act. 2000.family member ...tIo is at nsk 01 dying WI1hn that 26-weelI penod 11 ltCCOfdance WIthsection 49.1 oIlheE~St<lndarrb Act. 2000
(b) An employee who is on compassionate care leave shall continueto accumulate seniority and service.
(e) Subject to any changes to the employee's status which would haveoccurred had he or she not been on compassionate care leave, the
employee shall be reinstated to her former duties, on the same shift inthe same depanment. and at ttle same rate of pay.
(d) The employee and the £mployer will continue to pay their respective
shares of the benefits and pension premiums.
21.13 Personal leave
'Written request for a personal leave of absence without pay will beconsidered on an individual basis by the £mployer. Such requests are to be
submitted to the employee's immediate supervisor at lust four (4) weeks inadvance, unless not reasonably possible to give soch notice, and a writtenreply will be given within founeen (l4) days el(cept in cases of emergency in
which case a reply will be given as soon as possible. (rxamples of leaves
under this clause would be: sabbaticals, leaves in excess of 6 months etc.)
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Anide 22 - hyment of W...ges md A1kJwa.nces
22.01 Pily ~s
The Employer shllll pay salanes ""elY second Frid...y In ...ccon1Mlc:e withSChedule "AO ...nached hereto ...OO forming part of tlus Agrftment. On nch
~, uch empklyee shall be provided with ...n itemized statvnent of hers...J...ry, overtime.md other suP9lementary pay ...nd deduolons.
22.02 Equ...1P...y for Work of Equal Vlllue
Employees shall receive equal pay for work of equ...1v...lue, regardless of sex.
22.03 Rate of P...y on PromotiOn or ReclassifK<l!iOn
Whenever ...n employee Is usigned to perform the regular duties of a higher
rated pe~on for <It leU!'" full day or shift, he she sh... 11 be paid the minimumof the hourly rate for [he position of the higher c1...ssifK<ltlon or an incre...se of.65 unts per hour, whkhever Is gre,uer
The d... te of promotion to the new d ...sslficatiOn shllll become the ...nniversaryd...te for ... ppUcation of the salary prtMJreSslOn.
22.04 V..catiOn Pity
Whenever P"'Y un be done <lIS dmed dePOSit, there will be no pay given In
...donnee of the regular payroll.
PagE' 31
22.05 Mj~.JgeA1kJwance
M,le.Jge roues paid to the cook USing her his own .Jutomobde for the
Employer's business dunng norm.ll wor'ung hours sh.J.Il be u follows
::I forty Cents (40C) per Iulometre. Alilulometres shall be C.tku1a.led from
the first day to the 1a.st day of each calendar month. An expense sheetshall be supplied to the Employer when cLaiming SIKh mileage.
22.06 Child Cue Allowance
The EmplQyer shall reimburse. up to a limit of five dollars (S 5.00) per hour,for the actual cost of substItute care when an employee works overtime.
Before agreeing to work overtime the employee shall advbe the Employer if
she he will be claiming such allowance.
22.07 Professional Development
The Employer will reimbur$ll! the employee for annu,,1 registered Early
Childhood Education fee provided that the Employee provides proof of
payment. Effe<tiveJan. 1,2013.The Employer shall create and fund .ln .moual Professiona.l Development Fund,of an .lmount that would prOVlde aCCeSS to employees for reglstntton .lnd
matena.ls required for profession.1.l development. Employee..s WIshing to .lccessthis fund shall rKem prior i1pprOVili of the Employer. Tbe union .lnd
m"n<1gement <1gree to work together to implement the Professiona.lDevelopment Alloowarn::e to ensure the effe<tlve and f.lir .llloaitlon of the funds.
Upon re<elVing appr-OV.JI of the Employer, employees shall be gnnted paId
~ave of absence to attend professional development courses.
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a) Use of this fund shall also lndude, but are not limited to, costs for
facilitators/workshops/educationals of interest to the employees andrelating to their professions. The Centre shall endeavour, where possible,
to plan these courses during the Centre's staff meetings.
b) Staff who obtain their ECE diploma will be placed on the pay grid
recognizing 50 percent of their current employment years with Junaion
Day Care.
c) The Employer will hire additional staff for [WO (2) days to allow staff toprepare classrooms for the Fall progriJmme at a time to be determined by
the Employer. Bargaining unit members will have first rights to these
positions.
d) In addition to any other provision of this Article the Employer shaltpay the costs of ECE related courses up to a maximum of S I ,000
per employee provided that such courses receive prior approval fromthe Employer and must be offered by a recognized educational
institution. Payment under this provision shall be subject tosuccessful completion of the approved course of studies and the
employee shall provide proof of successful completion of the courseto the Employer.
22.08 No Elimination of Pr-esent ClassifICation
Existing classifiC<ltions shall not be eliminated or changed without prior
agreement of the Union.
22.09 Changes in Classification
The Employer shall prepare a new job description whenever a job is created
or whenever the duties of a job change. When the duties of any job are
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chang~d or increased, or Where the Union and 'or an empkJyee feels a job Isunfairly or incorre<tty classified, or wMn a~ job is treated or established,
the r;u~ of pay shall be subJ«t to negoti;luons between the Employer and theUnion. If the partJes are unable to agree on redassifKatlOn and or roue of pay
for the job in question, such dispute sh<1.ll be submitted to grievance and
arbitration.
The new rate shall become reuoactJve to the time the ..- position was first
filled by an employee or the date of change in job duties.
Article 23 - Empk>yee Benefit Plans
23.01 The Employer shall continue to provide the current existing benefit plan
package for full-time permanent employees with family and/or single
coverage.
In the event that the Employer wish~s to consider an alternative insurance
provider, the Union will meet with the Employer to revtew the polkies. In theevent that such a plan provkhng equlvalf,nt benefits and services Is found, the
Union w1l1 agree to the alternate pllNkier. The decision of whether a plan iseqUiValent shall rest solely with the Union
23.02 ~nsion Plan
In thiS Article, the t~rms useod shall have the meamngs as described
a)-P1.an" means a retirement vehkle as determined by the Unton.
'Applicable Wages" means the basic stra;ght time ~ges for all hours
worked and in addition
Page ]4
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l) the straight Ume component of hours wor1c.ed on a holiday;
ii) holiday pay, for the hDurs nor worked; and
iii) vacation pay.
All other payments, premiums, allowances and similar payments are
excluded.
"Eligible Employee- muns full time and pan time employees in the
bargaining unit who have completed fIVe hundred (500) hours of service.
b) Each Eligible Employee covered by this collective agreement shall
contribUle for each pay period an amount equal to two percent (2"l of
Applicable Wages to the Plan. The Employer shall contribute on behalf of
each Eligible Employee for each pay period, an amount equal to four
percent (4%) of Applicable Wages to the Plan.
c) The Employee and the Employer contributions shall be remitted to the Plan
by the Employer within thirty {30} days after the end of the calendar month
in which the pay period ends for which the contributions are attributable.
d) The Union acknowledges and agree that other than making its contribution
to the Plan as set out in this Anicle. the Employer shall not be obligated to
contribute towards the cost of benefits provided by the plan, or bl!
responsible for providing any such benefits.
The Union and the Employer acknowledge and agree that under current
pension legislation, and, or regulations, the Employer has no requirement
to fund any deficit in the Plan, but is required to contribute only that
amount as required by the collective agreement in force between the
panies.
Page 35
-'-c.,c.e _ Qft L::IaO 14+IJ~ n J:I,:;IlI;4
It is understood ilOO agr~ by the Employer and the UniOn th.u should thecurrent pension legislation Of reguluions be changed so that the
Employer's obligation to contribute to the Plan exceed the ilmount
specified In the collective agreement then in force. the parties willnegotiate a method to relieve the Employer of this increased obligation to
the extent that any such obligations exceed those which the Employerwould have If the Plan were a defined contribution plan.
el The Employer agrees to provide to the Administrator of the Plan, on atimely basis, 1.11 Information reqUired pursuant to the ~nsfon lknefits Aa,
R.S.O. 1990, Ch. P.8. as amended, ilnd Income T~Act{Canada) which theAdmmlstrator m~ reasonably requlre inured to properly rKord and
process pension contributions .100 pension bfont'fits. If mAintaint'd by theEmpkJyer In electronically rydable form it shall bfo provided in such formto thl' Pliln If tht' Administrator so requests.
For further specificity, the nt'ms required for t'ach eligible Employee by
Article .OS of the Agreement include:
oTo Be Provided Once Only AT M.a.o Commencement
Date of HireDate of Birth
O.lte of First Contribution
SeniQnty ust to ,"dude hours from dille of Hire to Employer's fund entrydate (for the purpose of akulatmg past service Credit)
Gender
Ii) To Be PrOVIded Wnh Uch Rtm1nance
Pa~J6
u-o.ra,.,_a..t~ ~11
~ n :n.1II14
NameSocial Insurance Number
Monthly RemillancePensionable EarningsYear to ~te ContributIOns
Em~r portion of MfearS 0W1fl9 due to error. or late enrolment by the
Employer
lliHo Be Provided Inillally and As Status Changes
Full AddressTermination Date Where Appticable (MM OO'YY)
Manu:.! StilluS
f) In Ihe event the Union determines the retirement vehicle to be iI pensionplan, the Employer i1grees to be bound by the terms of the Agreement and
Declaration of Trust and the rules and regulations of the Plan adopted bythe Trustees of the Plan. both as my be amende<! from time to time. In
addition, the Employer agrees to enter Into a Partkipilltlon Agreement with
the Trustees of the Plan In the form anadled hereto as SChedule A.
ArtJC~ 24 - Job Classi....cation and Redousification
24.01 ~ Employer agrees to draw up job descriptions for eoKh cla5siflCiltlon and
present them to employees and provide copies to the Union. The Union shallalso be provided With copies of job descriptions that have been changed.
~o.,e-_tu't~~11
~ C 31,.11:1-
AItidl! 25 - ~h & Safety
25.01 The Union 01J\d tM Em~rwJlco-op~r.ltein ~su.bhshlog rules 01J\d pnoctk:~s
whidi will provtde proceroon fTOm faao~ advef~ to empkiyft huth and
s.Jfety.
25.02 The Emp4oy~r shall reimburse an Employft for the cost of head lice shampoowhen employees art required to u~ It dut to a problem at the day car~ Thl!
employft sha.n advise the Supervisor in adva.nt::e..
25.03 An employee who is injured during working hours and is required to leave fortrutment or is sent home as a result of such injury, shall receive payment for
the rem<1lnder of the shift at her/his regular rate of pay, without reduction from
sl<k luve unless <1 doctor or nurse states that the employee Is fit for furtherwork on that shift.
25.04 Transportation of AcddMt Victims
Transportation to the ne<1rest physician or hospital for employHs requiringmedical care as a result of an <1cdc!ent shall be at the expense of the Emp4oyer.
25.05 IUght (0 Refuse 01J\d No [)fs.cjplK\ilry Action
No employee shall be dlsdwgtd. penaJis.ed or disdpllMd for refUsing to workon a. job or in any workplace or (0 operate any equipment where sht he
belieVes that it would be uns.a.fe or unhta.1ttry for herself himself, an unborn
child, childrtn in Gilr!!, or where it would be contrary to the <1ppJicablt Feder-d,Provlnci<1J or Munici~ hea./th a.nd sa.fety legislation or regulauons. There shall
be no loss of pay or senionty during the period of T1!:fus.a1. No employee stwl
be ordered or pennitted to work on a job which another worker has refuseduntil the maner is investtg.ated by the- Health and Safety Committee and
sausfaetonly senled.
Page 38
~ e-,. e- _ CU't LaJII _17bpryo C J1.JIl14
25.06 The empkloyer shaJ provide ~If:ldlt~ vrtemal protea_ clothing whenrequested to do so. The emplover shilll consult with tM union befOl'edetermining what proteaNe doming is appmpriate..
Artide 26 - job Security
26.01 The Employer agrees that it WIll not c:ontraa out wort if the result of wehcontraaing out leads to the permanent loss of a job by an empbfee who is inthe bargaining unit at the date of rauficatlon of the contract.
26.02 Students are to be placed with pnor consultation between staff and supervisor.
26.03 In order to provide job sKurity for members of the bargaining unit ttlt!
employer agrees tnat all wort. and services performed by the employees shallnot be contraaed. transfer~d, leased assigned or conveyed in whole or In pan
to any other person, company or non bargaining unit employees Including
workfa~ participants.
Artlde 27 - Chlld~Adult Ratio
27.01 The Empk)yer and the Union agree that a reasonable rauo of adults tochildren In a Day Care Centre is essentlal.f the children's physlc..l, Intellectual
and emotional needs and potentl.lls are to be grven proper attenllon.Therefore, the Empk)yer MJd the Employei!s .lgree to ",bide by the minImUm
requirements of the lMy Nurs~f"IfiAn, RSO 1980, CH 111 as amended.
Page 39
ua. c.,c... _~UICII_17~ C l1.1I1IO
Article 28 - GenelOll Conditions
28.01 Bulletin Boards
TM Employer shall pulVide access to .. bul~tin board for tke purpose of
..1!cM'tng the Union to post notke.s of meetings. Such nolKe.s shall h.ve. tkeapproval of management before being posted and such approval shall not be
unreasonabty' WIthheld.
28.02 leiter of Reference.
On terminatIOn of empkJyment for any rusen, the Empklyer shall provide aletter of reference on l'\!QU6t.
28.03 TransferofEm~
If fl is necessary for an employee: to be tnnsftmed to work with a different
group of children this shall not be done in an arbitrary or discriminatfng wayand shall only occur a maximum of once per year p.!r employee unless the
employee agrees. Nothing in this Article shall prevent tke Em~r fromtempor.uily tlOlosferring an Empklyee while It conducts an irrvestigatJOn Into anyallegation, hoWe'ller, thIS transfer shall also not be done In an arbillOlry or
discrirTIln.Jtory manner.
28.04 Plur.ill or Feminine Terms May Apply
Whenever the singular, masculine or feminine Is used In this Agreement il shallbe considered as if the plural, feminine. or masculine has been used where the
context of the party or parties hereto so required.
Pa~40
28.05 MembershIp list
The Employer shall provide 10 the loal Umon, on a monthly bolJIJ, a hJt of themembers of !he bolrgaining Unit, their addresseJ and phone numbers.
29.01 EmployeeJ of the Centre who have childRn they wish to enrol at the Centreshall be givi!n preference for placement at the Centre.
29.02 An employee at the date of r.IItlflCiltion who na-s access to filcilnies of the
empl~r at a coslh!SS lhan the full rate shall have that benefrt continued untllsuch time as the child Is wlthdr.!wn from the employers facility or thatemployee ceases employment with the employer.
29.03 Emplovees ofJunction Day Care will ~ provided a dIscount of thirty-fIVe
l3S%) percent for subJidized chlldcare f~s and for full fee childcare fees.Suggested effective date Sept. I, 2013.
Artide]O - Term of Agreement
]0.01 Our.lltton
This Agreement shall be binding and rem.-m in effect from january I, 2012, toDecember 31, 2014, and s....11 continue from year to year lhereafter unless
eIther party gIVes to the other party notKe In wnllng by December 31, in anyyear that il desires Its terminatIOn or amendment.
Pilge 41
.kGIIIOo.,e-_~ ......~11-,., n l1. an.
30.02 Changes in Ag,eemem
Arr( changes deemed necessary In thiS AgfNment may be made by mutual
agreement at any time dUring the outfflCe of this Agreement.
Signed this'26- day of
For the Employer
---'-)~~
/h ,x,A. 201..1.
j)y.Q
-,----
Pilge 42
_ Doo,c... _ a.t: 1,<>al_llblwY c n. ;m,.
\\'heonever an empJoyee IS assigned to perform the regular duttes of a higher
rated person for at least a full day or shift. he she shaJl be paid the minimumof the hourty rate for the posltioo of the higher dassiflciltloo or an fl'lUease of
.65 ceots per hour, whichever IS greater. When a vacancy occurs because the
Coflege of Early Childhood Educators has suspeoded the license of an ECEemployee, the Dayare shaJl refnin from posting a full-tIme ~ular position
to repface the suspended employu during the OM year period following thedate of the employee's suspension by the College of Earty Childhood
Educator's. Does not supersede OlIrtkle 1.01.
WOligeS SChedule A
1.5 " increOlise across the board In each year of contract. The 1.5" Is addedonto the base pay. The base pay includes aU pay equity grants but does notInclude the Direct Operating Grant and the Wage Improvement Grant,
AI retro money will be p..:I WIttwlJO cW,os of latlfw::aOO. d this memorandu'n bv txlth.....
Page 43
~Ooye- ..... Qft l<I<.oIl_I'~ Ooceo.ao 31, 21)14
Jan. ... -"'" Q" eL O.O.G. W_LG.
As5.lstant Supenti_
'"" 13.14 Ln ,." .nStep 1 n." U. 1.19 0.21Step 2 2".41 U. 1.19 0.21.." ".<B '-" ,." 0.21
'",,~ 20.16 1.28 1.19 .nStep 1 21.15 Ln 3.19 0_21
Step 2 "... Ln ].19 0_21.." "." Ln 3.19 0_21
As5.il;lantECE
'Urt 17.43 Ln 3.19 0.21Step 1 "''' U. ,." 0.21
Slep2 ,,~ Ln ,,, 0.21.." 19.32 '.n 3.19 1J.27
""'"~ 18.41 Ln 3.19
'" , "" Ln 3.19
St"p 2 ",., Ln ].19.." '" Ln 319
~
"~~ n.' Ln 319 1J.27.." 147ti Ln '" 0.27.... ' ~, U. 319 0.27.... ' 16.33 1.28 '-" 0.27
il'o<'naV LS"pliO!" ~v equity' of $l.28lnc:ludt!d in Ina.......
Page 44
~~'-" _ Cl.I'( L-.. __ 11r-r _ 31,.lDl'
.... .... ->CO - .., 00.G. W,~--.... "» u. ", U,
.~, 24_47 U. '" 0.21
''P' ,." '" '" U,... ' an u. '" u,
'".... >C... U • ", .n... ' u" u. •.u 0»
''P' U" U. ,.u 0.27.... "., ,n ,.u 027
Auln¥lI(C(,.... " 1.1I ,." o:nStoep 1 ,.. ,n 3.19 0.27Stoep 2 u." ,n .." 0.27... ' !9.'U ,n .u ,n
""".... 1901 ,n '01... ' ..." ,n ,u..., "B ,n 'u... ' "" '" '"~-.... ".D U. ,U U,... ' BJ> U. ,U 0,27... ' "... '" ,u ,n... ' ". ,n '" ,n
~lS~
prior iM't' eqouIty 01 SL2B~ in Iller ••
Page 45
~~e-_ a.-r: .....,. 1e4-11~ ''''-It,.lIIll'
- .... "-.." - n OO.G. W.tG........_so,! .~
"'" 2".46 ,-" .... .."... ' >SU US .... ,m..., "" US ,.... .."... ' .... US , ... .."'""'" "-,, US .... 0.27... ' 2l....1 Ln .... 027... ' llU Ln .... .."... ' llO> ,n .... ."As~sum ECE
"'" 18.51 '" ,.... 0.21-.., 19.17 ,n .U9 0.27-.., ...." ,n l.19 0.27-.., .." ,n .... ..""'""'" ",. Ln ,....... ' 20.17 U. ."-.., ..,. Ln ....-.., "" ". .""'"-"'" ".. u. U, 027... ' "-'" LD .... '"..., ,U 'D , ... 0.21... ' 17~ 'D .... 0_21
II... , L!i'll.
prior Prt~ of SUfi indudPd in ina_
Page 46
.--c.,. e- _ aft' ..- -'17bcIorT .... .n. ~14
LITTER OF UNDERSTANDING I 1tM!:tween
Junction Child Care,"d
(UPf Local 2484-17
RE: Sdledule "A"
This wIll conflnn the unde~tandingof the panies WIth rupect to the CollectiveAgreement dated wtth respect to ScMdule -A".
In the event that a salary grant other than the Direct Oper.mng Grant is
allocated to the Day Care Centre. the Employer undertakes to distribute the saidgrant to eligible employees according to the guidelines set fonh by the grantIng
agency.
For the EmpkJyer
,
Page 47
).rQcII\ c.,. c... _ Cl.ft 1.m:lII_1~
--.., CI ll,.'
lEITER Of UlllQERSTANDING 12
berweenJunctIon Child Cue
"dCUPE local 2484-17
Re: Direct Operating Grant
This will confirm the agreement of the panies with respect to lhe distribution ofthe Direct Operating Grant (D.e.G.)
11 The total ,amount of the D.C.G. shall be dislribut~ equitably between allemployees on an nourJv baSiS Clkul.a.tl"d as follows
Total Annual Grant
Hourly Rate
TOtal Annual Hou~ All Staff Paid For
2) The hourly rate is to be paJd to each employee in proponlOn to the numberof hours each employeoe is paid for.
3) The D.e.G. is to be Included with the regular pay cheques payable for allhours paid for in the pay period.
SigMd Ihis 4:- day of h-~J.- . 20 I i..
. (
For the Employer For the Union
~,.&G"",,=~_
P3~48
_OortM_aft l.-.I~11--..: !l :l1, lm4
l.E1"TIR Of UNOERSTAN[)(NG 13
tMotwHn
Junction Child Care
,,'"CUPE local 2484-17
The Employer and the Union agree that there is a need to consolidate orotherwise make more efficMont use of resources to improve services and to
strengthen bargaining and political power; the laner Is necessary as wecontinue to press for creatIOn of a national child-care program.
During the term of this collective agreement, the Employer agrees to
paniapate In discussions WIth the C:i.nadian Union of Public Employ"s and
other agencies regarding tM ~Iopmentof structures and options that WIll
assist towiud the facilitation of cent~1 barlplining for the next round ofcollective bargaIning.
The Employer, collectively with the Union and other agencie.s, funher agreesto lobby the thrH levels of government, for increased funding to Improve
wages and benefits for wor1r.ers, and chlldcare services In whole.
It is agreed that panicipation in a Central Bargaining process for the nextround of bargaining Is dependant on the agreement of each party to
panicipate In that process.
Sig~ this); day of ~JJI(J...." 201..':!.
For the Employer
.,",;~"------
,P~e49
~ 0.,. ca.. _ Clft".. 1*0-17~ C .n,~14
l.ETT£R Of UNDERSTANDING" 4
btrwHnJunc1100 Chlkf Cve
,odCUPE local 2484-17
The Union and the Employer agrH to euablish a .JOint commlnee to reviewthe provision of tM benefit plan, With a view to identifying altern.tive
~ovtders and or identifying potential -piIrtners" to allow the employer topurchase the benefit package in conjunction With other Employers.
It Is further agreed that any changes to the benefit packagl! will only be doneWith mutual approval, and will not result In a reduction of benefits.
It is further agreed that any cost savings realized by the Employer will bedirected towards imprOVing benefits. Including, but not limited to the
following prionty Improvements
Short Term Disability Plan
VIsionOrthodontist
life InsuranceP.ramediCaI Services
Signedthb1..-:..dayof !trtet ,20lL
For tM Employer
Jrt::-,,-----Page 50
~Oorc.n _Q.III!~_I'~ 0. .... lI.lDl.
L.ETTER Of UND£RSTANDlN(; #5
betw~n
JunctIOn Child Care.nd
CUPEloca12484-17
Re: Progressive Discipline
Where an empJoyet" placn a child at risk or in danger, the Employer has theright to apply disciplinary action by bv-passlng the progressive disciplinary
procedure.
a) Warning
Whenever the Employer deems II necessary to censure an employee In amanMr indicating that dismissal may follow any funher Infraction, or may
follow If such employee faUs to bring his/her work up to a requiredstandard by a given date, the Employer will present the censure in .....nuen
form 10 the employee. The Employer shall forward coptes of such censureto the President of the Union and the Union Stl!W<1.rd.
b) Advent Reoon i1nd Other DiKiol"WY Actions
The empM)yH shall be notlfJed in wntlllg of the .lIctlon ilInd or pen.lltty to be
imposed on a result of.ll dlKiphnary actIOn. A copy of the Emp\oyer'snotke shall be sent to the Presldenl of the local~ lhe Union Stf!Ward. If
the diKiplin.llry i1ction results In the diKharge of the employee. lheemployee shilill continue her: hiS employment with ilI11 rights.llnd privileges
while the Union processes the grieYilince with the Employer. Should thedispute not be resolved by the gnevance procedure, tM employee shall
continue his her employmenl wllh ilI11 rights and pnvil@ges, unless an
.lIrbitration board ruin otherwise. This clause shall not restrlCllhe
Page 51
~1»JCn_a..:~_11
~ _ :n,1Di4
Employer from suspending an employee with full pay and benefits until the
Issue is resolved through the grievance or arbitration procedure.
Failure to grieve previous dIscipline, Of to pu~ue such grievance toarbitration. shall not be considered i1n admission that such disclphne was
Justified.
cJ Burden of Proof
In cases of discharge andfor discipline the burden of proof of just causeshall rest with the Employer. In the subsequent gnevance or arbitration,
evidence shall be limited to the grounds sLued In the dIscharge ordiscipline notke to thit employee. Prior acts of the same nature resulting
in discipline thaI are SllIl on file at the ume of dlsclplmary actiOn may only
be used to support just cause wheTe the employee has been discha.-gedafter the use of progressive disdplme pnnciples.
d) PiscipllnaiY Interviews
Where an employee is summoned to meet with the supervisor for anmterview concerning discipline, Ii'll! supervisor will infonn the employee ofhis her right to have his, her Union Steward to represent him, her during
the intervIew. If the employee requests representatIOn by tus her Union
Ste'W<lrd, Ihe supervisor wIn sefid for the Unkm Steward without unduedelay and without further discussion of the matter with the employee
concerned. Whether ailed or not, the Union Steward will be advised inwriting within one 0) working day (24 hou~) of the facts of the disciplinary
action and the re<lson therefore.
Page 52
Slgnfll this 2i day of)YxA .201L.
For the Emplover
Page 5]
~~e-_a-.:~_'7
-,.: r n. JIll.
letter of UnderstMldlng , 6
Between
Junction Day Care Centre
And
CUPE local 2484-17
The Untorl Vld tM~er Jgfee Nt with lhe introduCboo of tM N__ hrt urne EM1y
Childhood EduoltlOn P7ogr~ SUff, notWltMtJndlOg~ 2.G-4 in tM CoIIKInIe
Agree;mt'nt. the suff in these posltions ....,11 WOf" • nwJ_um of twenty-two and a hlllf 122.S)hours per week and therefore _II '"' ConSIdered full tune employees~ will ~ ,n receipt of1lI1 Employee IlenefiU a5 pel Artide 23 h~r nO( ellglble for 'In lieu Benefiu' u per Article
2.G-4 O. \lJc'lIIlon, II'U:. will be plO-lated bued 01'1 hours WOfk~.
All ECE's & ECA's will ~ compens,a.ted u per Schedule "A" in the Coilect:J\le Agreement,
H~er, It Is also undll':rstood by both p.;;1rties thJt if program chMges leStllt in the hoursbeinglil'ss than currently plannll'd (22.S hours Wttk) 10 '"' \IIIOfk~, the Employer will proridll'
at lust one II) months' notice to both thll' emplOVfts JffKted and the UnIOl'l will meet W11hm;;Inagement In order 10 try to ml~tll'~ hours tJut fd~ lJIe minnnum of twenty
two V7d.1uJf (]7's) hours. prIOr to rll'ducmg ury hours Nt mq aul.ll' an ernpklyee: to bII'
pbcll'd In the put -Urnii' duwflGltJOn u per ArtJde 2.04 10 the CoII«t1¥t' Agreement.
Signll'd thlsJ.Lth ~ of JI··. 1.U"-; 201!1.
FOf the Union
,
Page 54
uc-o..,c.._Q.ft~~11
blooy: , ao J1. J)14
PAlmClPAnoN AGREEMENT
BETWEEP'II
JUNCTION DAY CARE CENTRE
(the "Employer")
MUlTI-SlOOR PENSION P\.AN
by its trustees
{the "Trust~'
In conslderallon of Ihe Employer becoming a participating employer in theMulti-Sector Pension Plan (the "Plan") by making contributions to the Plan In
accordance with tM collectiVe agreemenl between the Em~oyer and lOGlI2484 of the Canadian Union of Public: EmpW;Jyees (tM "Union"). and in
consideration of the Trustees mailing benefits available 10 the employees to
the Employer on whose behalf contributions are being made. the partieSagree as follows'
The Employer shall make contributions to Ihe Plan In accordance with thelerms of the collectiVe agreement dated the 1st <by of January. 2003 (the
"CollectIVe Agreement"). f;Ll\ing which the Trust~ or Union may take actIonto collect such amounts OWIng pursuant to the gl1eYance and artNtration
procedures under lhe CoUecttve Agreement or in any other forum having
jurisdiction to do so. Indudlng collection of interest. liquidated damages andCOSIS In accordance with the provisions of the Particlpalion Agreemenl and
the Agreement and Declaration of Trust dated, as amended ("Oeclaration ofTrust") whkh 6tabhshed the Plan.
PaSt! 55
~ Dor tA"II _ CU't:~~11
"-'" _ ~ :m14
The Employer acknowledges the right and obligation orthe Trustees to
administer Ihe fund and provide benefits In accordance with the Declaration
of Trusl.
Notwithstanding the provisions of paragraph 2 of this PartJdpation
Agreement, the financial obligations of the Em~r shall in no ewnt excefllthe obhgatk>n 10 make contnbutions as set out in the CoUKtflfe Agreement,logether With Interest, damages and costs for whiCh the Employer may be
liable relating to a delinquency in making contributions to the Plan pursuant
to the Declaration of Trust.
The Employer ha.s no obligation 10 provide the benefits established by the
Plan beyond the obligation 10 make contributions pursuant to the CollectiveAgreement. In the event that at any tIme the P\an does not have suffKient
assets to p'@rnllt contmued ~nts under lhe P\an, nothing contained in theCollective Agreemem, Plan or this PartteipaUon Agreement or the Declaration
of Trust shall be construed as obligating the Employer to make contributions
other than contributions for which the Employer is obllgated by the CollectiveAgreement. II is understood that there shall be no liability upon theEmployer. Union or thE> Trustees to provide the benefits established by this
Pension Plan if the PI.ln does not have sulfldent assets to make sueh benefitpayments and that the Trustees have no authonty to amend benefits, if
necessary of advisable.
The Trustees .... !l1 provide to the Employer, .II its request, a copy of theDeclaration of Trust and of any subsequent amendments as they are made.
The Employer agrees to provide to the Administrator of the PWl, on a timely
basis, all information r~uired pursuant to the Pe'lsJon ~"fjuAct, RS.O. 1990,
Ch. P-8, as <imended, which the Administrator m.IY re~nably require inorder to properly record and process pension contnbutlons and pensions
benefits.
Pa~56
~ o.w e-..., Cl.J'E~ -'11~ P ll,JOI4
For funher specificity, the Infonn,)tlon required fOI ea<:h EligIble Employee is
as follows:
o To Be Provided Oo<:e Only AI Pla.n Commenc:ement
D.1te of HireDate of BinhDate of First ContributionSeniority list to include hours from date of hire 10 Employer's fund entry
date (for the purpose of alculattng paSI servic:e credit)
Gender
Ii) To Be ProvIded Wilh Ei!<:h Remittance
N~.
So<iallnsurance ""umberMonthly Remitlan<:e
Pensionable EarningsYeilr to Date ContribuUons
Employer ponion of ilITeUS owing dve to eITor, or late enrolment by the
Emp~r
iii) To Be Provided Initially and As Status Changes
Full AddressTumlnatlon Date When! Applkable (MM DDtYYl
Marital Status
EMPlOYER..:
Paee57