2260
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COUNTY OF ELGIN
By-Law No. 2260
"BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A COLLECTIVE
AGREEMENT BETWEEN THE CORPORATION OF TI1E COUNTY OF ELGIN
AND LONDON AND DISTRICT BUILDING SERVICE WORKERS' UNION,
LOCAL 220, S.E.I.U., A.F. of L., C.I.O., C.L.C. WITH
RESPECT TO THE CORPORATION'S ElVIPLOYEES AT THE ELGIN MANOR."
v~ŒREAS the London and District Building Service
Workers' Union, Local 220, by certificate dated December
20th, 1972, is the certified bargaining agent for the em-
ployees of Elgin Manor, save and except Supervisors, persons
above the rank of Supervisor, Registered Nurses, Office
Staff, persons regularly employed for not more than twenty-
four hours per week, and students employed during the school
vacation period.
AND WHEREAS negotiations have taken place over
a period of time, between the County and the Union, towards
establishing orderly collective bargaining relations and
providing an orderly procedure for the disposition of
grievances and defining working conditions and terms of
employment for all employees who are represented by the
Union, in the form of a Collective Agreement.
AND WHEREAS agreement has now been reached by
both parties on the said procedure, conditions and terms
of employment to be included in an agreement.
NOW THEREFORE it is hereby enacted that the
Warden and Clerk of the County of Elgin be and are hereby
empowered to sign the Collective Agreement (hereto attached,
as Schedule A) between the County of Elgin and the London
and District Building Service Workers' Union, Local 220,
S.E.I.U., A.F. of L., C.I.O., C.L.C., setting forth col-
lective bargaining relations, disposition of grievances
and to define working conditions and terms of employment
for all employees of Elgin Manor, represented by the said
Union.
READ a first time this 20th day of June, 1973.
READ a second time this 20th day of June, 1973.
REl\D a third time and finally passed this 20th day of June, 1973
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L. Johnson Ii!
Clerk Warden
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COLLECTIVE AGREEMENT
THIS AGREEMENT made the ;2 9 r;/ day of JUNE 1973.
- BETWEEN -
THE CORPORATION OF THE COUNTY OF ELGIN (hereinafter
called "The Employer!i) with respect, to the
Corporation9s employees at The Elgin Manor,St.Thomas,
-and-
LONDON AND DISTRICT BUILDING SERVICE WORKERS' UNION,
LOCAL 220, S.E.I.U., A.F. of L., C,I.O., C.L.C.
(hereinafter called the "The Union¡¡)
WHEREAS the Union by certificate dated December 20th,
1972, is the certified bargaining agent for the employees
of the Corporation of the County of Elgin at its Elgin
Manor at St.Thomasš save and except Supervisors, persons
above the rank of upervisor, Registered Nurses, Office
Staff, persons regularly employed for not more than
twenty-four hours per week, and students employed during
the school vacation period.
NOW THEREFORE THIS AGREEMENT 1rJITNESSETH:,
~RTI( 1 - GEliERA~ PURPOSE
1.01 The general purpose of this agreement is to establish
orderly collective bargaining relations between the
Employer and its employees at The Elgin Manor and to
provide an orderly procedure for the disposition öf
grievances and to define working conditions and terms
of employment for all employees who are covered by
the provisions of this agreement.
~ 2 - UNION ~ECOGNITION
2.01 The Employer recognizes the union as the sole Collective
Bargaining Agent for:
All full time employees of the Employer who are employed
at the Elgin Manor at St.Thomas, save and except Supervisors
persons above the rank of Supervisor, Registered Nurses,
Office Staff, persons regularly employed for not more than
twenty-four hours per week, and students employed during
the school vacation period.
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SCHEDULE A
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Hire,discharge, promote, demote, transfer, classify
or discipline emp1øl.(aes, provided that a claim of a
discriminatory tr&atfer, ' promotion, demotion or
classification or a claim that an employee has been
discharged or disciplined without reasonable cause may
be the subject of a grievance and dealt with as
hereinafter provided.
:3 .03
Establish and enforce rules and regulations necessary to
maintain order, discipline and efficiency and generally
governing the conduct of the employees, provided these
rules and regu,1 ·'tions shall not be inconsistent with the
provisions of this agreement. It is agreed that prior to
introducing new rules and regulations the Employer will
inform the Union Committee of such rules and regulations.
3
.02
The Union acknowledges that it is the exclusive function
of the Employer to:
3.01 Maintain order discipline and efficiency
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The Employer agrees to bargain only with the Union
concerning employees in the bargaining unit described
in Clause 2.01 and the Employer undertakes that it will
not enter into any other agreement with the said employees
either individually or collectivelYÁ which will conflict
with any of the provisions of this greement.'
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2.04
(b)
The Union agrees that there shall be no discrimination
intimidation, interference, restraint or coercion exercised
or prac\;ised upon management representatives of the
Employer by any of its members or representatives,
because of membership or non'-membership in the Union,
and that there shall be no Union activity, solicitat~on
for membership or collection of dues and assessments
on the Employergs time and no meetings on the Employer's
premises except with the permission of the Employer or
except as otherwise hereinafter provided.
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a) The Employer agrees that there shall be no
discriminat,ion, intimidation, interference, restraint
or coercion exercised or practised by ,the Employer or
by any of its representatives, with respect to any
person (s) because of membership or non-membership in
the Union, and that membership in the Union by
employees who are eligible to join will not be
discouraged.
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2.02
This Agreement shall not apply to residents of
the Elgin Manor who perform ser":' ces as therapy
provided, however, that the use of residents as
outlined above shall not be used to reduce the
number of staff.
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The Employer acknowledges the right of the Union to
appoint or otherwise select a Union Committee composed
of not more than three (3) members and the Employer will
recognize the said Committee in all matters properly
arising from time to time under the terms and during the
continuance of this Agreement, including the negotiations
for, or renewal of, this agreement.
5
.01
In the event of a strike in breach of this agreement the
parties shall not discuss the grievance allegedly causing
such a strike or any other grievance until such strike
is terminated.
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4.03
Strike includes a cessation of work, a refusal to work
or to continue to work by employees in combination or
in concert or in accordance with a common understanding
or a slow down, stoppage, labour holiday, continuous
meeting or other concerted activity on the part of
the employees designed to restrict, limit or otherwise
interefere with the operation of the Home or entry to
the Employer'S property.
4.02
In view of the orderly procedure established herein for
the disposition of complaints and grievances, the Employer
agrees that it shall not cause Or direct a lockout of
the employees covered by this Agreement or any extension
thereof and thè Union agrees that there shall be nö
strikes or other collective action which will stop or
interfere with the operation of the Home for the
duration of this Agreement or any extension thereof.
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4.01
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Reserve the right to limit, prohibit, prevent or otherwise
control polit.,cal activity on the Employer's premises
and, in particular, to protect the political neutrality
of any employee or group of employees.
3.05
3.06
Refuse to carry out any term of this agreement in Case
of any labour dispute or condition arising beyond the
control of the Employer.
Exercise any of the rights, powers, functions or
authority which the Employer had prior to the signing
of this Agreement except as those rights, powers,
functions or authorities are specifically abridged
or modified by this Agreement, ànd without restricting
the generality of the foregoing, the Employer retains
the right to generally operate the home in a manner
consistent with the obligations of the home to the
general public in the community served.
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It is understood that an employee has no grievance until
he has first given his immediate Supervisor an opportunity
of adjusting his complaint.
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6.02
It is the mutual desire of the parties hereto that
complaints of employees will be adjusted as quickly as
possible, and it is understood that an employee has no
grievance unless the complaint has been referred to his
immediate Supervisor within three (3) working days of
the commencement of the occurrence causing the complaint
In making the complaint to his Supervisor, the employee
may, if he so requests, be accompanied by his Steward.
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6.01
The Union agrees to supply the Employer with the names
of the stewards and Union Committee members and will keep
such list up to date at all times.
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.07
The Union Committee and the Employer shall meet once
each month at times mutually agreed upon, providing there
is business for their joint consideration. Necessity for
a meeting will be indicated by letter from either party
to the other party, containing an agenda of the subjects
to be discussed.
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5.05
.06
Employees shall not be eligible to serve as Stewards or
members of the Union Committee unless they have been in
the Employer's continuous ":'ploy for at least six (6)
months.
The Union acknowledges and agrees that members of the
Union Committee and Stewards have regular duties to
perform in connection with their employment and all
activities of members of the Committee and Stewards
will be carried on outside regular ~J'r'dng hours unless
otherwise mutually agreed or as otherwise provided for
under this Agreement.
5.04
It is agreed that the business agent of Local 220 or the
International representative of the area or both may be
present with the Committee at the request of either
the Union or the Employer.
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5.03
5.02
The Employer acknowledges the right of the Union to
appoint or otherwise select four (4) stewards.
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STEP 4. If the grievance is not settled to the satisfaction
of the employee, then the grievance may be referred to
"bitration providing any such notice of appeal must be
filed with the Administrator, or his designated
representative, within ten (10) calendar days of the reply
of the Employer under Step 3.
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STEP 3. Failing a satisfactory settlement in Step 2, the
aggrieved employee may submit his grievance to the
Employer for discussion at a special meeting of the
Union and the Management Committees. The special meeting
shall take place within ten (10) calendar days following
the submission of the grievance to the Employer or at a
time mutually agreed upon in writing. The reply of the
Employer shall be given within three (3) working days
following such meeting.
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STEP 2. In the event the employee is not satisfied, the
aggrieved emPloree, accompanied by a Union business agent,
within three (3 working days of the SupervisorYs reply
may refer the grievance to the Administrator or his
designated representative. Should no settlement
satisfactory to the employee be reached within three
(3) working days, the next step in the grievance procedure
may be taken at any time within three (3) working days
thereafter.
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STEP 1. The written grievance signed by the employee
&hall be presented to his immediate Supervisor within
three (3) working days of the SupervisorYs reply to the
complaint. The Steward of the aggrieved employee may,
at the request of the grievor, be present when the
grievance is presented to the immediate Supervisor.
The Supervisor shall give his answer in writing within
three (3) working days following receipt of such
grievance.
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7.03
The grievance procedure shall be as follows:
If an employee believes that a complaint has not been
satisfactorily adjusted, the complaint shall be reduced
to writing on a form approved by the Employer and shall
be deemed to be a grievance.
7.02
PROCEDURE
For the purpose of this Agreement "Grievance" is defined
as a dispute, claim, or complaint involving the
interpretation, application, administration or alleged
violation of the Agreement including any question as to
whether à matter is arbitrable.
7.01
DEFINITION
The employee's Supervisor shall give.. an oral decision
to the complainant within three (3) working days.
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6.03
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The Board of Arbitration shall not have jurisdiction
to alter or change any of the provisions of this Agreement
nor to substitute any new provisions thereof, nor to
give any decisions inconsistent with the terms and
provisions of this Agreement, nor to deal with any
matter not covered by this Agreement, and shall make
a decision in conformity with the terms of the submission
to arbitration, which means that the Board shall
interpret the actual rights of the parties to the
Agreement.
8.05
Each of the parties hereto shall pay the expense of
their own nominee and one-half of the fees and the
expenses, if any, of the Chairman.
8.
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No person shall be selected as an arbitrator who has
been directly involved in attempts to negotiate or settle
the grievance.
8.03
No matter may be submitted to arbitration which has
not been properly carried through all previous steps
of the Grievance Procedure within the time limit in the
manner provided.
8.02
If either party requests that a grievance be submitted to
arbitration, the request shall be in writing addressed
to the other party and shall contain the name of such
party's nominee to the Board of Arbitration. The other
party shall within ten (10) days thereafter nominate
its member to the Board of Arbitration and the two so
nominated shall endeavour within ten (10) days after
their appointment to agree upon a third person to act
as Chairman of the Board of Arbitration. If the parties
ere unable to agree upon a third person within ten (10)
days after their appointment then a third person shall
be appointed by the Chairman, Ontario Labour Management
Arbitration Commission.
8.01
Any time limits referred to ascworking days in the
Complaint or Grievance Procedure, or any subsection
thereof, within which any procedure is required to
be taken or notice is required to be given shall be
calculated exclusive of any calendar Sunday, Paid
Holiday within the meaning of this agreement and any
day on which the employee concerned is not working
as the result of a regularly scheduled day off.
7.05
No Vie-vance may be. submitted to arbit1'ation which has
not been properly carried through all previous steps
of the grievance procedure within the specified time
limits.
7.04
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It is understood that no party has a Policy Grievance
unless the Policy Grievance has been referred to the
other party as herein provided within fourteen (14)
calendar days of the commencement of the occurrence causing
the Policy Grievance.
9.04
In the case of such grievance by the Employer, it shall
be presented in writing to the Union and the parties
shall within five (5) working days thereafter meet tö
discuss such grievance. The Union shall provide its
answer to the Employer in writing stating reasons within
five (5) working days of such meeting. Failing settlement
the Employer may submit the grievance to arbitration in
accordance with the arbitration provisions of this
agreement.
9.03
In the case of such grievance by the Union it is to
be submitted to the Administrator or his designated
representative who shall provide a written answer within
five (5) working,days after its presentation. Within
five (5) working days after receipt of the decision of
the Administrator or his designated ~0presentative,
the grievance may be processed through Step 3 of the
Grievance Procedure and may be submitted to arbitration
in accordance with the arbitration provisions of this
Agreement.
9.02
Any difference arising directly between the Employer
and the Union involving the interpretation or alleged
violation of this Agreement may be submitted in writing
by either party and dealt with as a grievance in the
following manner.
9.01
ARTICLE 9
8,09
At any stage of the complaint or Grievance Procedure,
including arbitration, the parties may have the
assistance of the employee or the employees concerned
as witnesses,
GRIEVANCES
BY
OR UNION
Nothing in this agreement shall prevent the parties to
this agreement from agreeing on a single arbitrator to
hear and decide any matter which may be referred to
arbitration. If the parties agree to the use of a
single arbitrator then the cost of such arbitrator
shall be shared equally by the parties
8.08
Any grievance involving the interpretation or application
of this agreement which has been disposed of hereunder
shall not be made the subject of another grievance.
8.07
Proceedings before the arbitrators shall be expedited
by the parties hereto, The decision of the Board of
Arbitration shall be final and binding on both parties
to this agreement.
8.06
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All present employees who are members of the Union shall
remain members in good standing for the duration of
their employment as a condition of employment during
the term of this Collective Agreement.
ARTICLE;
11.01
10.05
Failing settlement of such special grievance under
the foregoing procedure, the grievance may be referred to
arbitration within seven (7) calendar days of the reply
of the Employer for final and binding settlement upon
the parties.
Such special grievance may be settled by confirming the
EmployerYs action in dismissing the employee or by
reinstating the employee with or without compensation,
or with or without loss of seniority, or in such other
manner as is deemed just and equitable in the opinion
of the conferring parties. Back pay awards shall not,
however, exceed the amount which the employee would
normally have earned, calculated on straight time
during his normal work schedule, less any money earned
in other employment.
10.04
A special meeting between the Union Committee and the
EmployerYs Management Committee will be held within
five (5) working days of receipt of such special
grievance or at any time mutually agreed upon and
confirmed in writing L" the parties.
10.03
Such special grievance to be considered, must be presented
to the Administrator or his designated representative by
a member of the Union Committee within five calendar (5)
days after the employee ceased to work for the Home or
receipt of discharge notice, whichever first occurs,
otherwise the same will not be considered.
10,02
A claim by a permanent employee that he or she has been
unjustly discharged shall be treated as a special
grievance, if a written statement of such special
grievance is lodged by the employee.
10,01
It is understood that no complaint may be treated as
a Policy Grievance which is properly the complaint
of an employee (s), which complaint shall be processed
under the Complaint and Grievance Procedure as provided
in Articles 6 and 7.
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9.05
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I hereby authorize and direct The Corporation of The
County of Elgin to deduct from my first pay in each
month from any earnings accumulated to my credit the
amount of the Union monthly membership dues that are
uniformly levied upon all members in accordance with
the Constitution and By-laws of the Union, or any
ADDRESS
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NAME
THE LONDON
LOCAL 220,
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AND DISTRICT BUILDING SERVICE WORKERS
S.E.I.U
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UNION
Authorization Card for Union Dues Check-off
The above-mentioned authorization for union dues deduction
shall be as follows
11.06
The Employer will deduct union dues monthly for the
term of this Agreement upon receipt of written authorizat:im
for union dues deduction from all present employees.
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11.05
The Employer agrees that a Union representative shall
be given the opportunity of interviewing each new employee
once upon completion of ninety days v employment for
the purpose of informing such employee of the existence
of the Union in the Home and of ascertaining whether
the employee desires to become a member. The Employer
shall advise the Union from time to time as to the names
of the persons to be interviewed and the time and place
of such interview, the duration of which shall not
exceed ten (10) minutes. The interview shall take place
on the Employeris premises, in a room designated by the
Employer, and the employee shall report to this room
for interview, during the interview period.
11.04
All new employees covered by this Agreement, on completion
of their probationary period, may voluntarily become
members of the Union and upon becoming membèrs of the
Union shall remain members in good standing for the
duration of their employment as a condition of employment
during the term of the Collective Agreement.
11. Q3
Each new employee shall be required to sign the dues
deduction authorization form set forth in this Article,
provided, however, that such authorization with respect
to new employees shall become effective upon the first
regular dues deduction date following the first thirty
(30) calendar days after the employeeis last date of
commencement of employment
11.02
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12.01 Seniority is defined as length of continuous service
with the employer and will be acquired when an employee
has completed ninety (90) calendar days of service.
Employees will be regarded as probationary employees
until they have acquired seniority as above provided
and shall have no right to grieve by reason of dismissal
or otherwise.
11.07 The Employer agrees during the lifetime of this Agreement
to deduct whatever sum may be authorized and to remit
same to the Financial Secretary of the London and
District Building Service Workers? Union, Local 220,
S.E.I.U. prior to the 20th day of the month following
deductions, furnishing therewith a statement showing
from whom the deductions have been made. Reasonable
care will be exercised by the Employer, but the Employer
will not be responsible for errors made. The Financial
Secretary of the Union will provide receipts each month
to the Employer for the total amounts remitted to the
Union pursuant to this provision.
Signature
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Witness
This authorization shall continue in full force and
effect for the duration of my employment in a position
covered by the Collective Agreement between the Employer
and the London and District Building Service Workers?
Union, Local 220
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minutes authorizing changes in dues. Such amounts
to be certified to the Emp~oyerby the Financial
Secretary of the Union by Affidavit from time to time.
I further authorize you to remit the money so deducted
to the London & District Building Service Workers? Union,
Local 220, whose receipt therefor shall constitute a good
and sufficient discharge of The Corporation of The
County of Elgin for the amount so deducted from my
earnings
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An employee utilizes ä lee-ve of e-bsence for purposes other
than those for which the leave of absence w&.s granted.
13 .03
An employee overstaY$ a leavE! of absence grantèd by the
Employer without $ecu:ring .an e:x:tlim$ion of leave.
13.01
1) .02
Employment is terminated for any reason.
An employee's seniority and all :rights may be cancelled
and hi$ name removed from thè seniority lists for any
of the following reasons:
Emplöyee$ who are laid off will be retained on the
seniority list$ for a period of twelve (12) months.
If during that period, they are recalled to work, they
must signify their intention to do so within three days
(excluding Sundays and holidays) of the date of the
notice of recall, and sb.all, in fact, return to work
within a further five days, or they shall forfeit
their claim of employment. Temporary employee$ may
be taken on to fill emergencies. Notice of recall
shall be given by the Employer by sending notice to
the employee's last known address on the records of
the Employer.
12.06
The Employer will supply copies of the
to the Chairman of the Union Committee
Union Office.
Seniority List
and the Local
12,05
Seniority lists will be posted on the Union bulletin
board and will be revised at least semi-annually
according to the records of the Employer. Seniority
as posted will be deemed to be final and not subject
to complaint unless such complaint is made within
thirty (30) days from the first date of posting.
12.04
The Employer and the Union recognizè that the ability
and efficiency of individual employees govern to a
large extent the safety and comfort of the residents.
12.03
In the case of promotion, demotion, transter,lay-o.f.f
and re-call the employees' relative e.fficiency, merit
and ability shall be taken into àCcount in order to
provide for an efficient staff of employees. In cases
where the above considerations are deemed by the
Employer to be equal as between two employees and both
employees are deemed by the' Employer to be capable of
performing the work, seniority shall be the determining
factor.
12.02
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There will be a minimum
changing shifts.
14.0$
of sixteen
The Employer does not guarantee to prövide work for any
employee for regularly assigned hours or for any other
hours.
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hours off when
14.07
Punching in or out of another employeeVs time card
is prohibited and so doing by an employee shall be
the subject of immediate disciplinary action against
the employee. If an employee accidentally punches
a time card of another employee, the Supervisor shall
be notified immediately, otherwise it shall be deemed
that such time card was not punched accidentally.
14.06
Tampering or changing of a posted schedule by any
employee will entitle the Employer to take disciplinary
action against the Employee.
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14.05
14.04
The Employer will post schedules on,e wèek in advance
covering a five (5) week period and such schedules
shall remain posted for the duratiön of the schedule.
Subject to Clause 14.07, there will be no changes without
the consent of the Employer and the emplöyees who may
be affected by any changes in a posted schedule.
Emþloyees will be given an equitable number of weekends
off, provided, however, that all employees shall be
given at least one weekend off in any five (5) week
scheduled period.
14.03
It is understood that employees may be required to
work up to, and including, seven (7) consecutive
days to provide for consecutive days off on arotatiön
basis. For purposes of computing time, Sunday shall
be considered the first day of thè calendar week.
14.02
The normal work day shall consist of eight ($)
with twenty (20) minutes allowed on each eight
hour shift for lunch without loss of pay.
hours
( $)
14.01
An employee fails to notify the Employer within
three days of notice of recall following a lay-öff
(excluding Sundays and holidays) or fails to return
to work within a further five days.
13
.07
An employee is laid off for a period in eXCess of
twelve continuous months.
13.06
An employee is discharged for cause and the discharge
is not reversed through the"Grievance Procedure.
13 .05
An emp10Yèe is absent for three consecutive working
days without advising the Employer and securing
leave of absence.
13
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Notwithstanding anything herein contained to the contrary
if one of the Paid Holidays occurs on an employeeVs
regular day off or during an employeeVs vacation period
and the employee is required to work, the employee will
receive credit for the said Holiday at straiïht time and
in addition will receive two and one~~alf (22) times his
regular rate of pay for all hours worked on the Paid
Holiday.
16.03
(b) Pay at the rate of time and one-half the employee9s
regular rate for work performed on such Holiday, and an
alternative day off either thirty (30) days before or
thirty (30) days following the holiday.
(a) Pay at the rate of time and one-half the employee9s
regular rate for work performed on such Holiday, in
addition to the employeeVs regular pay, or
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Employees required to work on a Paid Holiday shall at
the option of the Employer receive either:
16.02
(b) The employee is not absent on the paid holiday after
being scheduled to work.
provided that
(a) The employee is not absent on the days he is
scheduled to work immediately preceding and following
the holiday, or the day granted in lieu thereof, unless
excused because of illness or other reasonable excuse.
and, effective January 1st
February.
New Year9s Day
Good Friday
Victoria Day
Dominion Day
Civic Holiday
1974
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Easter Monday
the second Monday of
All regular employees will be credited with pay computed
at straight time for each of the following paid holidays
16.01
Employees shall not be permitted to take time off in
lieu of pay for overtime work.
15
.
02
Overtime authorized by the Employer shall be paid
at the rate of time and one-half of the employeeVs
basic straight time hourly rate for all hours worked
in excess of the normal scheduled p~ift.
15
.01
VB
- 13
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14-
16.0l¡. If one of the paid holidays occurs on an employee's
regular day off, the employee will receive an extra
day off within thirty (30) days following the holiday,
and at a time that is mutually agreed upon between the
Emplöyer and the employee.
16.05 If one of the paid holidays occurs during an employee's
vacation, the employee will receive an additional day
off which may be added to his or her vacation.
16.06 Employees shall be permitted to accumulate up to
five (5) Paid Holidays in a calendar year, provided the
Employer is given six (6) months prior notice in writing.
Such accumulation may be added to a vacation period or
for use by an employee under extenuating circumstances.
16.07 It i$ understood and agreed that an employee is entitled
to receive the benefits provided in this Article
for work performed on a Paid Holiday only where the
majority of the hours worked by the employee on his
shift fall on the Paid Holiday.
ARTIC : 17 - VACATIONS
17.01 The vacation year shall begin on January 1st and end
on the following December 31st.
17.02 Employees hired after January 1st of the vacation year
who have completed less than six (6) months' continuous
service as of December 31st shall not be entitled to a
vacation with pay during the vacation year but shall
receive vacation pay computed on the basis of two (2%)
percent of total pay for continuous service during
the v'J.cation year for all work performed up to
December 31st.
I 17.03 FIRST VACATION: An employee becomes eligible for vacation
I
i for the first time when the employment records show that
either of the following requirements have been met:
Ii
,. (a) The completion of six (6) months' continuous service
"
II with the Employer prior to December 31st of the employee's
I first year of employment, or
I:
! (b) The completion of six (6) months' continuous service
with the Employer, including all continuous service prior
to December 31st of the employee's first year of employment.
17.0l¡. SUBSEQUENT VACATIONS: For the purpose of applying the
vacation eligibility requirements hereinafter referred
to, continuous service prior to December 31st of an
employee's first year of employment shall be deemed to
constitute an employee's first calendar year of service
whether he is entitled to a vacation under Clause 17.03
(a) or not. The intent of this provision is that an
employee who commences his employment prior to December
31st of any year shall be deemed to have commenced his
ì~
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I
II
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10 An employee who has received his vacation with pay prior
to the completion of the vacation year for which
the said vacation is earned and whose employment is
17.
17.09 In order to receive vQcation pay in advance, an employee
shall make a request in writing to his supervisor not
less than two weeks in advance of the date his vacation
is to commence. Such an advance shall cover only the pay
period or pay periods falling within the employee's
vacation
17.08 An employee in the sixteenth and subsequent calendar
years of continuous service with the Employer will be
granted four (4) weeks9 vacation with pay. Vacation
pay shall be calculated on the basis of four (4)
weeks 9 normal earnings
17.07 An employee in the sixth, up to and including the
fifteenth, calendar year of continuous service with
the Employer will be granted three (3) weeks9 vac~tion
with pay. Vacation pay shall be calculated on the
basis of three (3) weeks9 normal earnings.
17.06 An employee in the second; up to and including the
fifth, calendar year of continuous service with the
Employer will be granted two (2) weeks' vacation with
pay. Vacation pay shall be calculated on the basis
of two (2) weeks' normal earnings or four (4%) per
cent of total pay as determined at the end of the
calendar year for which the vacation is taken,
whichever is the greater
17.05 Employees with more than six (6) months 9 continuous service
during the first calendar year of their employment will
be granted one (1) weeks' .vacation with pay if they
complete twelve (12) months' continuous ~ervice during
the calendar year; provided that employees who havB
completed more than six (6) months9 continuous service
but less than twelve (12) months' continuous service
during the first calendar year of their employment
will be granted a vacation with pay calculated on the
basis of one week prorated in accordance with the
number of months of their continuous service during
that year. Vacation pay shall be calculated on the
basis of the employees' normal earnings or two(2%)
per cent of total pay as determined at the end of
the calendar year, whichever is the greater.
second calendar year of service on January 1st
of the following year,
""",.'v-..___
"
15
1\
" \
"
(
c)
who is on a paid holiday.
(a) who does not work his regular shift because of
emergency or other conditions beyond the control
of the employee, or has been requested by his
Supervisor to work different hours;
(b) who is on vacation
Provig.ed,
not apply
however, that the above
to an employee:
31
'2
10!
18
10
17!
or more
prövision shall
1 day
.1 day
"
o
.
o
3
l!
days
I
Where a regular full-time employee is absent from work
for a period in excess of three (3) working days in a
calendar month, the sick leave credit referred to in
Clause 18.01 shall be as follows:
A
18,03
An employee shall not be granted any sick leave
credits until he has completed six (6) months 9
continuous service with the Employer; however,
upon completion of six (6) months 9 service, the
employee shall, subject to Clause 18.03, be credited
with nine (9) days 9 sick leave.
18.02
Each employee will be credited with one and one-half
(l!) days of sick leave at the end of each month of
service.
18.
01
The vacation and vacation pay entitlement of an employee
who is absent from work without pay for a period in
excess of one month shall be calculated on the basis
of actual time on the payroll during which he is in
receipt of remuneration from the Employer.
17.11
terminated for any reason, shall be liable to the
Employer for the vacation pay received by him in
excess of that to which he is entitled. The Employer
is entitled to take all necessary action to recover the
amount so overpaid directly from the employee.
16
Effective the date of receipt by the Employer of written
notice of ratification of this agreement, where an
employee having more than five (5) years' consecutive
18.09
After an employee has had three periods of sick leave
of three days or less within a calendar year, the
Employer may refuse to pay for the fourth or
subsequent period of sick leave, notwithstanding that
the employee has accumulated sick leave to his credit
It is understood that this provision is an endeavour
to eliminate abuses of sick leave and is in addition
to any other disciplinary aètion which the Employer
may deem fit to invoke. The refusal of the Employer
to pay for the fourth or subsequent period of sick leave
may be the subject of a grievance. Where sick leave
absence has been in excess of three (3) consecutive days
the employee shall not be paid sick leave credits unless
he furnishes the Administrator with a Doctor's
certificate or other explanations satisfactory to
the Employer
18.08
To qualify and be paid sick leave from credits
accumulated, an employee must give two hours' notice
of his inability to be on any shift commencing after
12:30 P.M. and before 4:30 P.M. and any shift commencing
after 10:30 P.M. and before 12:30 A.M. and in respect
of any other shift at least one hour's notice shall be
given provided, however, that if there be an emèrgency
and notice, by reason of the said emergency, is not
given, this requirement will not be enforced.
18.07
Any employee discharged for cause, whose discharge is
not reversed through subsequent proceedings, shall lose
and forfeit all sick leave credits.
18.06
When an employee is absent as a result of an
accident while at work, or illness inherent to
occupation, and as a result is receiving Workmen's
Compensation, as awarded by the Workmen9s Compensation
Board, he may receive the difference between his
regular pay and the Board's award if unused sick leave
credits are available for the purpose. If such employee
is not eligible for Workmen9s Compensation, he may
receive sick pay to the extent that sick pay credits,
if any, are available.
18.05
The unused portion of sick leave credits in anyone
year shall be allowed to accumulate without limitation.
18.04
c)
who is absent without pay.
(
b
who is absent without ,leave
absent because of illness or injury
','01'
,
The above
employee:
(a) who is
provisions shall,
17
however
apply to an
I
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,
i'
Employees who are on leave of absence will not be
considered to be laid off and their seniority shall
continue to accumulate during such absence.
20.02
The Employer may grant leave of absence without
to any employee for legitimate personal reasons
.
20.01
pay
19.02
SENCE
For those employees who have completed six (6) months V
continuous service with the Employer, in the case of
the death of the employeeVs mother-in-law, father-in-law,
brother-in-law, sister-in-law, grandfather or grandmother
up to one day may be granted without loss of regular
pay where necessary to enable the employee to attend
the funeral.
In the event of the death of a member of an employeeVs
immediate family, the immediate family being restricted
to mother, father, sister, brother, spouse, child,
where the said employee is attending the funeral or
assisting in arrangements for the funeral, the Em~loyer
shall arrange leave with pay not to exceed three (3)
days. The three (3) days shall, however, include normal
days off and shall conclude on the day of the funeral
The Employer will give full consideration to ~ranting
additional time off without pay upon applicat~on by
the employee. The benefit of this clause shall be
available only to those employees who have completed
six (6) months V continuous service with the Employer.
19.01
Regular full-time employees on the payroll on the
date of receipt by the Employer of written notice
of ratification of this Agreement who have completed
three (3) years V continuous service with the Employer
as of þI!ay 15th, 1973, shall continue to be covered
by the EmployerVs present policy in relation to
sick pay benefits on termination of employment.
,EAVE- DE ABSENC
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18.10
service ceases to be employed by the Home, there
shall be paid to him or to his personal representative
or failing a personal representative to such other
person as the Employer may determine, an amount
computed on the basis of ris rate of pay at the date
of, leaving the employ of the Home for a period equal
to fifty (5ü%) per cent of the value of his sick
leave credits, but the amount shall not exceed six
(6) months V pay.
1$
All uniforms shall remain the property of the Employer
and uniforms which, in the opinion of the Employer, are
worn out shall be returned to the Employer before being
replaced.
23
.02
Where the Employer requires employees to wear uniforms,
such uniforms will be supplied by the Employer on behalf
of the said employees, according to the EmployerVs
specifications. Provided, however, that female nursing
personnel will not be required to wear such uniforms
23
01
s
The Employer agrees to establish a notice board for the
use of the Union for posting of official notices. All
such notices must be signed by the proper officer of
the Union and must be submitted to the Administrator
or his designated representative for his approval as
to contents
A
22
.
01
Employees on leave of absence under this Article shall
continue to accumulate all rights and privileges under
this agreement.
22
21.02
Union Leave will be granted for seminars
subject to the following conditions:
(1) A maximum of two employees only will be
such leave at one time;
(ii) No employee shall be given such leave on more
than two occasions in a calendar year;
(iii) Such leave of absence shall be for a maximum
of fourteen (14) days;
(·iv) Application for such leave of absence shall be
to the Administrator at least thirty (30) days in
advance of such leave;
(v) Such leave of absence shall be granted
and the Union shall be responsible for the
wages during the period of absence.
without
payment
pay
of
made
granted
A
21.01
20.03
Employees who are on leave of absence will not engage
in gainful employment while on such leave, or utilize
a leave of absence for purposes other than those for
which the leave of absence was granted, and if an
employee does engage in gainful employment while on
such leave of absence or utilize the leave of absence
for purposes other than those for which the leave of
absence was granted, may, at the discretion of the
Employer be considered as a vOluntary quit.
This clause shall not apply to employees on Union
Leave of Absence in accordance with the provisions
of Article 21 of this agreement.
19 -
JMYLQF_ABSE
c
and
conventions
,
~
If no applications to fill such vacancies are received
from employees or, if the applicant or applications are
not, in the opinion of the Employer, considered to be
suitable for such vacancies, then the Employer may
fill the vacancy in any manner it sees fit.
25
04
Any successful applicant will be selected within a
reasonable time after such posting and the Employer
will, as soon as the successful applicant has been
advised of his selection, notify the unsuccessful
applicant or applicants that the position has been filled
25
.03
An employee who wishes to apply for any posted vacancy
shall make application in writing on forms supplied by the
Employer for the purpose during the period of five (5)
working days mentioned in Article 25.01 and shall set
out his qualifications in his application. Applicants
will be selected on the basis of relative efficiency,
merit and ability. In cases where the above considerations
are deemed by the Employer to be equal as between the
applicants and the applicants are capable of performing
the work, seniority shall be the determining factor.
25
.02
The Employer will post all initial vacancies or new
jobs on the Union bulletin board and such notices shall
remain posted for a period of five (5) working days,
unless in the opinion of the Employer an emergency exists
that does not allow sufficient time for the above-mentioned
procedure to be followed. The notices shall be posted
on the first day after the vacancy or new job occurs.
25
.01
The Employer agrees to pay fifty
the O.M.E.R.S. plan in respect of
ES
50%) per
pension.
24.02
(
The Employer agrees to pay seventy-five (75%) per cent
of the billing rate of the Ontario Health Insurance Plan
(O.H.I.P.) for all employees eligible under the plan as
covered under this agreement. Billing rate shall mean
the amount of premium in effect on the date of receipt
by the Employer of written notice of ratification of
this agreement. Effective January 1st, 1974, the
Employer agrees to pay one hundred (100%) per cent of
the billing rate referred to in this Clause.
cent of
24.01
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23
.
03
Upon termination of employment, all clothing
provided by the Employer shall be returned to the
Employer. Clothing which is not returned as
herein provided shall be paid for by the employee and
the Employer may deduct the cost thereof from the
employeeVs pay on termination.
20
ARE
~
Employees who report for work on any shift for
which they are scheduled and for which they have
not been notified not to report will be guaranteed
at least four (4) hours pay except in case of acts
of God or any labour dispute or any condition beyond
the control of the Employer.
29.01
The present practice with respect to payment for meals
shall remain in effect during the currency of this
Agreement, subject to the Employer9s right to review
and, if necessary, adjust the cost thereof to the
employees as of December 31st, 1~73.
28.01
An employee who is actually at work for the Employer
and has completed his probationary period and is
called for service on Jury Duty shall be entitled to
receive from the Employer the difference in pay
between the Jury Duty pay and what he would have
received from the Employer, computed at straight time
for the time necessarily and actually spent on Jury
Duty during the hours scheduled to work during a normal
work week. The employee shall provide proof of hours
engaged on Jury Duty and proof of payment therefor.
LB
A
27.01
¿
Employees shall be granted one ten (10) minute rest
period in each half shift with such time to be
considered as time worked. Employees exceeding the
allotted ten (10) minute period may be subject to
disciplinary action.
A
26.01
An employee who is transferred in accordance with the
procedure set forth in this Article will be placed in
the permanent vacancy for a trial period not exceeding
forty-five (45) working days and if he proves satisfactory
he will then be confirmed in his new classification.
If the employee proves unsatisfactory during that time,
or if he is unable to perform his new duties, he will
be returned to his former position at his former salary
or rate of pay, as well as any other employee in the
bargaining unit who was promoted or transferred by
reason of such placing.
DB
25
25.05
.06
21
If an employee is transferred by the Employer from
one department to another on a permanent basis, the
departmental seniority the employee had accumulated
in his former department shall be credited to his
departmental seniority in his new department
jl\
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In the event of such notification being given
within the time prescribed in clause 32.01,
negotiations between the parties shall begin
32.02
Except as otherwise provided, this Agreement shall
become effective on the 1st day of ~jay 1973 and
shall continue in force until the 31st day of December
1974, and from year to year thereafter, unless either
party notifies the other in writing, not less than
thirty (30) days and not more than ninety (90) days
prior to the expiry date of this agreement that it
desires to amend or terminate this agreement.
32
.01
'\
Wherever the singular or masculine is used in this
Agreement, it shall be construed as if the plural or
feminine has been used. where the context so requires.
31.
04
It is agreed that any appeal by an employee to any
elected representative or any other representative
of the Employer save as expressly provided in this
Agreement shall constitute a breach of this Agreement.
Violation of this clause shall render an employee liable
to discipline.
31.0}
The probationary period outlined in this agreement
may be extended in the case of individual employees
by agreement between the Employer and the Union.
31.02
Nothing in this Agreement shall require the Employer
or the Union to take any action which shall be
unlawful by reason of applicable present or future
Dominion and/or Provincial laws, rules and/or
regulations
31001
1
Attached hereto and forming part of this Agreement
is Schedule "A" relating to job classifications and
rates for all employees subject to the terms of
this agreement '
GENERAL
A
30.01
,
'.
22
is
AND RATE
'\
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23
within fifteen 15) days following such notification.
DAtED AND EXECUTED at StoThomas,Ontario, on behalf of the
parties hereto by their duly authorized representatives,
this :z 91'7L day of June 1973.
THE CORPORATION COUNTY OF ELGIN
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-
LONDON AN DISTRICT BUILDING SERVICE
WORKERS UNION, LOCAL 220
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,
EFFEC E ¡\/jAY 1st
CLASS CATION
Attendant
Charge Nurse
Nursing Aid
Craft Supervisor
Adjuvant
Charge Laundry &
Charge Housekeeping Maid
Housekeeping Maid
Laundry Maid
Kitchen Maid
Kitchen Maintenance
First Cook
Second Cook
Maintenance
"
SCHEDULE ?A
WAGE SCHEDULE
ST ART ONE YEAR TWO EARS. TBREE YEARS
2.95 3.00 3.10 3.15
2.80 2.85 2.95 3.00
2.60 2.65 2.75 2.80
2.50 2.55 2.65 2.70
2.80 2.85 2.95 3.00
2.70 2.75 2.80 2.85
2.55 2.60 2.65 2.70
2.55 2.60 2.65 2.70
2.55 2.60 2.65 2.70
2.80 2.85 2.90 2.95
2.80 2.85 2.95 3.00
2.60 2.65 2.75 2.80
2.95 3.00 3.05 3.10
.
"
I
CLASSIFICATIOt{
Attendant
Charge Nurse
Nursing Aid
Craft Supervisor
Adjuvant
Charge Laundry & Charge
Housekeeping Maid
Housekeeping Maid
Laundry M,aid
Kitchen Maid
Kitchen Maintenance
First Cook
Second Cook
Maintenance
, ..
2
START ONE YEAR TWO YEARS THREE YEARS
3.15 3.20 3.30 3.35
3.00 3.05 3.15 3.20
2.80 2.85 2.95 3.00
2.70 2.75 2.85 2.90
3.00 3.05 3.15 3,20
2.90 2.95 3.00 3.05
2.75 2.80 2.85 2.90
2.75 2.80 2,85 2.90
2.75 2.80 2.85 2.90
2.95 3.00 3.05 3.10
3.00 3.05 3.15 3.20
2.80 2.85 2.95 3,00
3.10 3.15 3.20 3.25