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2260 ~-\;._..,- 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 --k-L , ~-L</Çl ~ I- ~ 'I --~ / N. JÚ L. Johnson Ii! Clerk Warden II~ (" :1> :(:1, I',', ~~i ,¡'I'; <", ~ ~'. K ~, "i ,d, i 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. ~ i(',/.,_. " (,f1Æk~f;f?!tA7~; , ,",'x"",.' '''',', .;t?':;:1f~;:cg':_:?_;':':'~:",":',:~":'" ~ SCHEDULE A " :1,.\ I; 'I' i'l I~I ,¡'f ',1 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 if;' ~; !',' ¡'I' " " ARTICL.!LJ, 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.' 1\JiAI\T~GEY\:PNT Rl"PTS '-. _.'~-.,"._ _.,.' _. . ~_ 4·'~,...-... ..~_ ",'"...". ji': ~ I, f w I ~: " ( i , 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. ~' w/: 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. ':<.. t 2.0)( 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. " . - 2 ~ I 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. . 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. , , ii ì! !i :! 4.01 ~L :1(, I f:; 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. ;3 . 04 ,~ 3 1 i I" i,1 I'· ;\~ Ii ii' It is understood that an employee has no grievance until he has first given his immediate Supervisor an opportunity of adjusting his complaint. Ii II- I,! 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. . 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. I !i il 'I Ii 5 .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. ir [I, f' 5 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. '~W',,,,,, 5.03 5.02 The Employer acknowledges the right of the Union to appoint or otherwise select four (4) stewards. 4 - 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. r 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. I' ~i ¡ 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. Ii! .I 'I 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. r ¡, ~ i 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. Q II1II"'''''' .'" 6.03 5 -,< ''''',.'''''''~ 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. 04 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 "\\ \ 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 7 ._-..-. ""_"4_" ,~ ,t:: ~ 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. s 9.05 8 \ I I 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 . . . . . . . . . . . . . NAME THE LONDON LOCAL 220, . . . . AND DISTRICT BUILDING SERVICE WORKERS S.E.I.U . DATE . . . . . . . . . i 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. 1 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 9 ~ ,.~ , 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 . . . 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 . . , . . 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 10 are I I [, ¡.J\ ì~ 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 - 11 - \ ~ 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. ( 16) 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. , I ] J I , I I ! i J \ I I ¡ I I I I I I " jl II ¡: ,J ¡: 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 .04 IIIL...-.--, r*':'!ö':-;·· .. , '-~:"'--"'_'--_' 12 ~";\--- [\ ~ \ 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 i' 'I, Ii " " 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 ~_.l-,_._,_ ~.~~...c----" --:._~J~'-'-'" -'-...I. ,~-- -- 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~ ¡ I 'I I II 'ji il Ii !I , II ..~ \ \ 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 Ii I' Ii , 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 r'"'''' ,,'" .." 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 r" J;;> ,:[ ''\-' 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\ I"'i' "~I 1:\ 1,1 '~ \ 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 '\ \ 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 ?1~ k, - LONDON AN DISTRICT BUILDING SERVICE WORKERS UNION, LOCAL 220 , . ~þ þ.J..v<- ~ vJ~, 1V\A.e.."" .~IU/vh, , ~,~,." j ::z?"'~-~~.,.,,, , 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