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2363 , L. Johnson Clerk , H. Liebner, VJaxden Ii II , Ij (I " H .~ A '-----0. ~4~ EEl\]) a thi rd time and finally passed this 19th day of March, 1975 IŒAD a. IŒAD a NOH 'l'HEI~EFOh)E it is hereby enacted that the Warden and Clerk of the County of Elgin be and axe hereby empowered to sign the Collective Agreement (hereto attached a.s Schedu10) 1\.) 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 ,md to define working conditions a.nd terms of employment for all part-time employees of Elgin Ma.nor, represented by the said Union. second time this first time this 19th day of 19th da.y of March, March, 19'75 1975 AN]) WHEltEAS agxeement ha.s now been reached by both parties on the said procedure, conditions a.nd terms of employment to be included in an agreement AND VíHEF'EAS negotiations ha.ve ta.ken place over a period of time, between the County a.nd the Union, towards establishing orderly co11ecti ve baxgaining rela.tions and providing an orderly procedure for the disposition of grievéìnces and defininq working conditions and terms of employment for all part-time employees who are represented by the Union, in the form of a. Collective Agreement. WHEIŒAS the London and Di strict Building Service vvorkers' Union, Loca.l 220, by certificat;e:".datèd September 30th, 1974, is the certified bargaining agent for the em- ployees of Elgin Manor, who axe regularly employed for not more UÚln twenty-four hours per week, save and except Super- visors, persons above the ra.nk of Supervisor, Registered Nurses, Office Staff, a.nd students employed during the school vacation period ELGIN jllJFÜ~OI( " Ii'ESYEC'I~ro THE --º..C!lIPOW\.'I'ION' S PlUlT-TI!iŒ EMPLOYEES -- ._- 1\'1' THE LOCAL 220 3. E. ______L______. I U_~_ iLL:.... 0 fL., C. _.k 0., C . _.1.:.. C. i:iITH AN]) LONDON -~--_.- AND DIS'l'IIIC'r BUILDING .._-- .--. SERVICE ViOli'KERS' UNION .:..L AGIi'EEMEN'l' --- BET\;'IEEN THE COIí'POIIATION OF THE ,--------- A(]THOI/I¿;E L'HE: EXECUTION .-- COUN'l'Y OF ELGIN ..~~- .._- COLLECTIVE .-- "BEING A BY-LA '1'0 By-La"! COUNTY No OF 2363 ELGIN OF 1\ . , ., I , ., , 1 , , \ j ,'\ .-1 .~ 2.02 This Agreementsh¡Ül no.t ,apply to residents üf .the Elgin Manür who perform gervice$ as therapy, prüvided, ho.wever, that the use..üf residents as,.,outl;i;Ji!;~dabo.vê shall not be used to reduce the number of staff . j '. 1 All part-time employees of the Employer who are regularly emplüyed at the Elgin Manor at the Tüwnship üf SQuthwold for nüt more than twen·ty-fourhours per week, save and except Supervisürs, persons abüve the rank of Supervisor, Registered Nurses, Office Staff, persons regularly emplüyed für more than twenty-four hours per week 2.01 The EmployerrecognizeEJ, the, Union a,,\the 9o.],e Cüllective Bargaining Agent for: ARTICLE 1.01 The general purpüEJe of thiEJ agreement is to. eEJtablish orderly cüllective bargaining relatiüns b.etween the Employer and its part-time employeeEJ at the Elgin Manür and to provide an ürdêrly procedure fo.r the diEJposition of grievanceEJ and to define working cünditions and terms üf employment für all part-time employees who are cüvered by the prüvisions of this Agreement 2 UNION RECOGNITION ARTICLE 1 GENERAL PURPOSE NOW THEREFORE THIS .WHEREAS the Union bycertif:i-cate dated the;30th day of september 1974 is the. certified bargaining agent for employees of the Cürporatiün üfthe. Co\;\nty .o.f Elgin regularly employed at the Elgin Manor für not more than 24 hours a week, EJaveand except Supervisors, per sorts above the. rank 0:1: SuperviEJors Regi$tered NurEJeEJ, and Office Stáff .' AGREEMENT WITNESSETH LONDON ANDDIS~RICT SERV!ct WORKERS' UNION LOCàJ:, 220 ,S~:E:.LU "A...F,,of L. ,C.X.O. ,.e_L.C . (·.!:I€réi,naftercalled "'l'heUri'iOn"') AND , THE CORPORATION OF THE COUNTY OF ELGIN (Herein after called "The Employer") with X'.espect to. the Co:cpüratiort's part-time employees at the Elgin Manor, Tü~nEJhip .üf Southwold BETWEJ':N r--' .,......" ,i" .- .;~;t:·:· . . .., TF s AGREEMENT ., MADE ~. --··'--"scIÆi5üi.Ê "A" THE 1st DAY OF MARCH 1975 · 3.04 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, and without. restricting the generality of the I 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. 3.03 Hire, discharge, promote, demote, transfer, classify or discipline employees, provided that a claim of a discriminatory transfer, 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 3.02 Establish and enforce rules and regulations necessary to maintain order, discipline and efficiency and generally governing the conduct of the part-time employees, provided these rules and regulations 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 The Union acknowledges that it is the exclusive Employer to: 0:), Maintain order, discipline and efficiency function of the ARTICLE 2.04 The Employer agrees to bargain only with the Union con- cerning part--time 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 part-time employees either indiv- idually or collectively, which will conflict with any of the provisions of this Agreement 3 MANAGEMENT RIGHTS (b) The Union agrees that there shall be no discrimination, intimidation, interference, restraint or coercion exercised or prac- tised 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, solicitation for membership or collection of dues and assessments on the Employer's premises except with the permission of the Employer or except as otherwise hereinafter provided 2.03 (a) The Employer agrees that there shall be no discrimination 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 part~time employees who are eligible to join will not be discouraged ~. "">.". ...- -,-...,. !''''--' -,,,. ..-.. / i':·.···..··..·, -::--- ,,'--,.._-~.' -~'--._-'-~..-.....~"""...,.",...--=,,,"'2~'"...-._~; -~.~ ~---,,~ -~ l , 5..04 Empl.oyees shall riot be eligible to serve as a Union Committee person uriless they have worked 60 days as a part-time employee for the Employer. ¡ 5.03 The Uniori acknowledges and agrees that the Union Committee person has regular duties to perform in connection with his or her employment and all activities of the Union Committee person will be carried on outside regular working hours unless other- wise mutually agreed or as otherwise provided for under this Agreement. 5.02 It is agreed thàt the Union Representative of Local 220 or the International representative of the area or both may be present with the Union Committee person at the request of either the Uniori or the Employer 5.01 T,þe Employer acknowledges the right of the union to appoint or otherwise elect one Uriion Committee person and the Employer will recognize the said Union Committee person in all matters pro- perly arising from time to time under the terms and during the continuance of this Agreement, including the negotiations for, or rènewal of, this Agreement ARTICLE 4.03 In the event of a strike in breach of this Agreement the":parti<Js shall not discuss the grievance allegedly causing such a strike or any other grievance until such strike is terminated 5 UNION RECOGNITION 4.02 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, stop- page, labour holiday, continuous meeting or other concerted activity on the part of the employees designated to restrict, limit or otherwise interfere with thè operation of the Home or entry to the Employer's property 4.01 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 the UniOri agrees that therè shall be no 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 3.06 Reserve the right to limit prohibit, prevent .or wise control political activity on the Employer's premises in particular, to protect the political neutrality of or group of employees ARTICLE 4 STRIKES AND LOCKOUTS other- ànd, any employee r 3.05 Refuse to carry out any term of this Agreement in case of any labour dispute or condition arising beyond the control of the Employer · STEP 2: In the event the part-time employee is not satisfied, the aggrieved employee, accompanied by a Union Represent- ative, within three (3) working days of the Supervisor's reply may refer the grievance to the Administrator or his designated represent- ative. Should no settlement satisfactory to the employee be reached within three (3) working days, the next step in the grievance pro- cedure may be taken at any time within three (3) working days there- after .' 7.03 SrEP 1 rhe written grievance signed by the employee shall be presented to his irnínediate Supervisor within three (3) working days of the Supervisor's reply to the bomplaint. rhe Union Committee person of the aggrieved employee may, at the request of the grievor. be present when the grievance is presented to the immediate Supervisor. rhe Supervisor shall give his answer in writing within three 3) working days following receipt of such grievance 7.02 PROCEDURE: rhe grievance procedure shall be as follows If a part-time 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 ARrICLE 7 GRIEVANCE PROCEDURE 7.01 DEFINITION: For the purpose of this Agreement, "Grie- vance" 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 a matter is arbitrable 6.03 The part-time employee's Supervisor shall give an oral decision to the complainant within three (3) working days 6.02 It is understood that a part-time employee .has no grievance until he has first given his immediate Supervisor an opportunity of adjusting his complaint 6.01 ¡t is the mutual desire of the parties hereto that complaints of part-time employees will be adjusted as quickly as possible, and it is understood that a part-time employee has no grievance unless the complaint has been referred to his immediate Supervisor within three (3) working days of the commencement of the occurance causing the complaint. In making the complaint to the Supervisor, the employee may, if he so requests, be accompanied by the Union Committee person ARTICLE 5.06 The Union agree s of the Union Committee person 6 COMPLAINT PROCEDURE r-~~c_- i to 5.05 The Union Committee person 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 .c---......_'·--J , ~----. ....--,..,--¡---.-' .".. - supply the Employer with the name 4 - ----.--- _..~-/.-----..:,~ Ii i " 'I r 5 ~---,..----. ~-,_.,~ '~'-"--"""-''''''''."",''''"''--..; STEP 4: If the grievance is not settled to the satis- faction of the employee, then the grievance may be referred to arbitration providing any such notice of appeal must be filed with the Administrator or his designated répresentative, .within ten ( 10) calendar days of the reply of the Employer under Step 3.. 7.04 No griévanse may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure within the specified time limits. 7.05 Any time limits referred to as working 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. ARTICLE 8 --- ARBITRATION 8.01 If either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party and shall con·tain 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 are 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. 8.02 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. 8.03 No person shall be selected as an arbitrator who has been directly involved in attempts to negotiate or settle the grievance. 8.04 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 thé Chairman. 8.05 The Board of Arbitration shall not have jurisdiction to alter or change any of the provisions of this Agreement nor.to sub- stitute any new provisions thereof, nor to give any decisions in- consistent 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 arbi- tration, which means that the Board shall interpret the actual rights of the parties to the Agreement. 8.06 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 0 . . . 10.01 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 , ARTICLE 10 DISCHARGE CASES 9.05 It is understood that no complaint may be treated as a Policy G~ievance 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 9.04 It is u1derstood 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 commence- ment of the occurrence causing the Policy Grievance 9.03 Ìn the case of such grievance by the Employer, be presented. in writing to the Union and the parties shall five (5) working days thereafter meet to discuss such grievance Union shall provide its answer to the Employer in writing stating reasons within five (5) working days of such meeting. ~ailing settlement, the Employer may submit the grievance to arbitration accordance with the arbitration provisions of this Agreement in it shall within The 9.02 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 Administra·tor or his. designated representative the grievance may be processed through Step 3 of the Grievance Pro- cedure and may be submitted to arbitration in accordance with the arbitration provisions of this Agreement 9.01 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 ARTICLE 8.09 At any stage of the complaint or GrieVaI1ce Procedure, including arbitration, the parties may have the assistance of the employee or the employees concerned as witnesses 9 GRIEVANCES BY EMPLOYER OR UNION POLÌCY GRIEVANCE 8.08 Nothing in this Agreement shall prevent the parties this Agreement from agreeing on a single arbitrator to hear and arty matter which maybe 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 to decide r 8.07 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 l;,../.,-,~- '-"'''''-. --.... -~..,,.....", .---.".-~'",,~ ~~"6''""--<':::-- -",-,-"~""""""",.j",----,,,"""--""-'~'---'¡ ·0w^ " . 11.04 The Bmployer agrees that a Union representative shall be given the opportunity of interviewing each new part-time employee once upon completion of sixty (60) work days of employment for the purpose of informing such part-time employee of the existence of the Union in the Home and of ascertaining whether the part-time 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 inter- viewed 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 Employer's premises, in a room designated by the Employer, and the part-time employee shall report to this room for the interview, during the interview period (; 11.03 All new part-time employees covered by this Agreement, on completion of their probationary period, may voluntarily become members of the Union and upon becoming 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 the Collective Agreement 11.02 Each new part-time 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 deducation date following the first thirty (30) calendar days after the part-time employee's last date of commencement of employment 11.Q,1 All present part-time employees who are members of the Uniòn shall remain members in good standing for the duration of their employment during the term of this Collective Agreement ARTICLE 11 UNION SECURITY 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 10.04 Such special grievance may be settled by confirming the Employer's 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. 10.03 A 5pecial meeting between the Union Commi~tee person and the Employer's Management Committee will be held within. five (5) working days of receipt of such special grievance or at any time mutually agreed upon and confirm~din writing by the parties r" 10.02 Such special gri1õ,vance to be cOllsidered, must be presented to the Administrator or his designated representative by the Union Committee person within five (5) calendar days after the employee ceased to work for the Employer or receipt of discharge notice, whichever first occurs, otherwise the same will not be considered ~_,_._----c_,~_, '~.'-":-,' ",,", .,"~,---~,~--, ..._.._----~ .~ , ---- _0",''''''''_ -~------- . 12.01 Seniority is defined as the number of days worked with the Employer and will be acquired when a part-time employee has comþleted sixty (60) days of work. Part-time employees will be , ARTICLE 12 SENIORITY 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 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 Emþloyer, 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 Service WOrke.rs' Union, Local 220 -'" I hereby authorize and direct the Corporation of the County of Elgin to deduct from my first pay in each month from any earnings accumlatedto 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 minutes authorizing changes in dues. Such amounts are to be certified to the Employer by 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 and District Service Workers' Union, Local 220, whose receipt therefore shall constitute a good and sufficient dis- charge of The Corporation of the County of Elgin for the amount so deducted from my earnings ADDRESS NAME THE S.E LONDON AND DISTRICT SERVICE WORKERS .LU Date UNION LOCAL 220 11.06 duction Authorization Card The above-mentioned authorization shall be as follows: for. Union Dues Check Off for union dues 11.05 The Employer will deduct union dues monthly for the term of this Agreement upon receipt of written authorization for un.ion dues deduction from all present part-time employees ~..~.~~. 7"~'-' '- " '" " ....,--., -,J,:..--" 'c----', ....--~..,...._. 8 de- -~ ·,,;2."Æ.s:,þ;:~; . A part-time employ~e 13.07 13.06 A p~rt-time of twelve continuous fails to notify the Employer within employee is laid off for a period in excess months 13.05 charge is A part~time employee is discharged for cause not reversed through the Grievance Procedure 13.04 days and the dis- A part-time employee is absent for three consecutive working without advising the Employer and securing a leave of absence 13.03 poses Apart-time employee utilizes a leave of absence for pur- other than those for which the leave of absence was granted 13.02 A part-time employee overstays a leave of absence granted by the Employer without securing an extension of leave Employment is terminated for any reason 13.01 The seniority of a part-time employee shall be considered broken and all rights forfeited, and there is no obligation on the Employer to re-hire when: ARTICLE 13 12.06 Employees 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 shall, in fact, return to work within a further five (5) days, or they shall forfeit their claim of employement. Temporary employees may be taken on to fill emergencies Notice of recall shall be ~iven by the Employer by sending notice to .the employee's last known address on the records of the Employer LOSS OF SENIORITY 12.05 The Employer will supply copies of the Seniority list to the Chairman of the Union Committee and the Local Union office 12.04 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 12.03 The Employer and the Union recognize efficiency of individual employees govern to safety and comfort of the residents a that the ability large extent the and 12.02 In the case of promotion, demotion, transfer, lay-off and re-call, the part.,..time employees' relative efficiency, merit, and ability shall be taken into account 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 regarded as probationary part-time employees until they have acquired seniority as aforesaid and shall have no right to grieve by reason of dismissal or otherwise 9 -'---~~"""-' i \:..::~ './""""",,^~":':': """",:,:,~~",,,,-,,:,".~~",:~.;f.,_,..!~. '"\..,.--_.~_O',\--"_..:J'-:"'~~'~'~';" ..~~ -=-i'C-~ _ 1..0 _ - --~"'-'1.c ----:; three days of notice of recall following a lay-off (excl~ding Sundays and holidays) 'or fails to return to work within a further five days. 13.08 The Employer will give consideration to a part-time employee who is unable to comply with Articles 13.02 and 13.04· d~e to cir- cumstances beyond the employee's control. ARTICLE 14 --- HOURS OF WOR~ 14.01 The normal work day shall consist of eight (8) ho~rs with twenty (20) minutes allowed on each eight (8) ho~r shift for lunch without loss of pay. 14.02 It is~nderstood that employees may be req~ired to work ~p to, and including, seven (7) consecutive days. EVery employee shall receive two consecutive days off execpt in departments where posted work schedules proved otherwise. , 14.03 Punching in or out of another employee's time card is prohibited and so doing by an employee shall be the subject of im- mediate disciplinary action against the employee. If an employee accidentally p~nches a time card of another employee, the S~pervisor shall be notified immediately, otherwise it shall be deemed that s~ch time card was not punched accidentally. 14.04 The Employer does not g~arantee to provide work for any part-time employee for reg~larly assigned hours or for any other ho~rs. 14.05 The Employer will endeavo~r to give two ho~rs notice when calling in a part-time employee for any shift provided, however, that if there is an emergency and notice by reason of the said emergency is not given this requirement, will not be enforced. 14.06 A part-time employee must give two ho~rs' 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 ho~r's notice shall be given, provided, however, that if there be an emergency and notice, by reason of the said emergency, is not given, this requirement will .not be enforced. 14.07 The part-time employees shall sign a guaranteed stand-by list, which list shall be for the following two week period. Those part-time employees who sign the list are to be prepared to be called to work during the said two week period, regardless of their respec- tive seniority and will work if called-in. The part-time employees shall rotate their names on this list consecutively such that each part-time employee receives an equal opportunity to be on stand-by. The Employer shall refer to the stand-by list when calling in part- time employees for work and shall not be required to call ina part- time employee with more seniority unless the Employer is unable to obtain a part-time employee from the list. It is agreed that preference will be given to part-time employees to replace, if required, full-time employees who are off on statutory holidays, annual vacations, leave of absence or sick , . I 1 "·-='~-"--'--··~:'~~i-l -:... .,.-- '"':··,E 15 OVERTIME -",. 1. The part-time employee should be paid at the rate of time ,me-half of the employee's basic straighttime'hourly rate ¡\1}t:horized time worked in excess. of forty (40 ) hours in any ,d,(.".i'..I:rweek. ·..c:h)<¡·· 16 --- PAIÚ HOLIDAYS --'.'~........... [J J. All part-time employees will be credited with pay computed i. st.:tàight time for each of the following paid holidays: Nc"'. .Year I s Day Civic Holiday Second Monday of February Labour Day UQòc1.Friday Thanksgiving Day 'JiG'co:r:ia Day Christmas Day Dominion Day IJX'ovided that: (a) The part-time employee has earned wages on at least twelve (12) days during the four work weeks immediately preceding the holiday. (b) The part-time employee is not absent on the paid holiday after being schedule to work. 16,,:02 Part-time employees required to work on a paid holiday shall be paid at the rate of time and one-half of the employee's regul.ar pay for work performed on such holiday, in addition to the employee's regular pay. 16.03 It is understood and agreed that a part-time 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. ARTICLE 17 --- VACATION PAY 17.01 For the purpose of computing vacation pay entitlement, the vacation year shall begin on January 1st and end on the following December 31st. 17.02 The Employer shall pay the employee an amount equal to 4% of the total wages earned by the employee during the twelve (12) month period prior to December 31st. 17.03 Where at December 31st, a part--time employee has completed 10,400 hours of work (equivalent to 5 years of continuous service) he shall receive vacation pay calculated at 6% of the total wages earned during the immediately preceding twelve month period :J '. 17.04 Vacation pay for paragraph 17.03 shall be based on thé employee's regular rate of pay and shall not include overtime or other increments. 17.05 Every part-timE! employee who does not otherwise qualify under the provisions of this section shall be. paid in accordance with "The Employment StandardS" Act." ARTICLE 18 --- PERSONAL LEAVE OF ABSENCE 18.01 The Employer may grant leave of absence without pay to any part-time employee for legitimate personal reaS"ons. 18.02 Part-time 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. ARTICLE 19 --- UNION LEAVE. OF ABSENCE 19.01 Union Leave will be granted for seminars and conventions subject to the following conditions: (i) A maximum of two part-time employees only will be granted such leave at one time; (ii) No part-time employee shall be given such leave on mOre than four occasions in a calendar year; ~." (iii) Such leave of absence shall be for a maximum of fourteen (14) days; (iv) Applications for such leave of absence shall be made .to the Administrator at least thirty (30) days in advance of such leave; (v) Such leave of absence shall be granted without pay and the Union shall be responsible for the payment of wages during the period of absence. 19.02 Part-time employees on leave of absence under this Article shall continue to accumulate all rights and privileges under this Agreement. ARTICLE 20 --- UNION BULLETIN BOARD 20.01 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. ARTICLE 21 --- FRINGE BENEFITS BONUS 21. 01 The Employer agrees to pay the part-time employee in the last pay of December of each year a bonus in lieu of Health and Welfare Benefits and a Uniform allowance, an amount calculated on the actual hours worked by the employee during the previous twelve month period, which amount shall be determined as follows j . ~ /' 22.06 A part-time employee who is transferred in accordance with the procedure set forth in this Article will be placed in the per- manent 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 . j 22.05 If a part-time employee is transferred by the Employer from one department to another on a permanent basis, the departmental seniority the employee had accumulated in his Îormer department shall be credited to his departmental seniority in his new department. 22.04 If no applications to fill such vacancies employees or, if the applicant or applications are opinion of the Employer, considered to be suitable then the Employer may fill the vacancy in any manner are received not, in the for .such vacancies it sees fit from 22.03 Any successful applicant will be selected within a reaSOn~ able 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 22. 02 A,.part~time 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 22.01 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 sharI be the determining factor 22.01 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 ARTICLE 22 VACANCIES AND TRANSFER (c) ance The sum of (b) One-half the cost at an hourly rate of the Blue Cross Extendèd Health ~+an (single rate) multiplied by the actual hours worked by the employee as aforesaid, plus $ 01 an hour in lieu of an uniform allow- (a) The cost at an hourly rate of the Ontario Health Insurance Plan (single rate coverage) multiplied by the actual hours worked by the employee as aforesaid, plus ~IM," " .. _____.H~ / "i"'^¡~,"~:;~;:/' ~>~ 1\1\\ ~ \ ~, \ ", 27.04 Agre~ment been used , , , Wherever the singular or masculine is used in this it shall be construed as if· the plural or feminine has where the context so requires j 27.03 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 27.02 The pröbationary period outlined in this Agreement may be extended in the case of individual employées by agreement between the Employer and the Union 27.01 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 ARTICLE 26.02 Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and rat.es for all employees subject to the terms of this Agreement 27 GENERAL 26.01 It is agreed by the Employer that the part-time employee shall always be paid the same hourly rate related to his job classification as is at that time being paid to the full time em~loyee for the same job classification and seniority. ARTICLE 25.01 Employees who report for work on any shift for which they have been called in and for which thèy 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 26 JOB CLASSIFICATION AND RATES ARTICLE 24.01 The Employer shall be entitled to charge each employee for meals purchased from the Employer and to adjust the amount thereof from time to time 25 REPORTING PAY ARTICLE 23.01 Employees shall be granted one ten (IO)minute rest period in each half shift with such time to be considered as 'time worked Employees exceedinq the allotted ten (10) minute period may be subject to disciplinary action 24 MEALS r' ARTICLE 23 REST PERIODS - 4 27.05 Warning or disciplinary notices or letters shall be removed from the employee's )ersonal file after 36 months of the date of such nc,tice or letter. 27..'06 Employees who are required by the employer to work in a higher rated classification shall be paid for all work performed at the higher rate, provided the employee works at least 50% ofa.regular eight (8) hour shift on the higher ratéd job. AR'rICLE 28 --- PURATION 28.01 Except as otherwise provided this Agreement shall become effective on the 1st day of March, 1975 and shall continue in force until the 29th day of February, 1976, 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. 28.02 In the event of such notification being given within the time prescribed in clause 28.01, negotiations between the parties shall, being within fifteen (15) days fo~.lowing such notification ,. ,) , ~'\" ',. ", 'I, ~ I\~ ~",à ", ~-.-. -' -' THE CO~PORATION OF THE COUNTY OF ELGIN (!l~ ;;3j/J ç;;( ~g /- ~ ..,J, í/' LONDON AND DISTRICT SERVICE WORKERS UNION, LOCAL 220 ~ , - f " ~ .d - - - - .) . r'" -.,':...i'ê''T'?'<". 1/- ..~,-,~--,-" ----~-~~~, ",,:1,': DATED AND EXECUTED at St. Thomas, Ontario on behalf of the parties hereto by their duly authorized representatives this Ir# (day of March A.D. , 1975 , Maintenance 3.45 Second Cook Kitchen '"',,,.- First Maintenance 3 Kitchen Maid 3 10 Laundry Maid 3 10 Housekeeping Charge HouseKeeping &Laundry Maid 3.40 Cook 3.20 3 Maid 3 10 J 3 3 3 3 3 3 3 3 30 40 45 15 15 15 35 45 25 50 Adjuvant 3.45 Craft Supervi¡;;or 3 10 Nurses Aide 3.25 Attendant R N A 3.55 J . 2 YEARS --- 3.70 3.70 3.40 3.20 3.60 3.50 3.20 3.20 ).20 ).40 ..... ,..-'" .J...JU ).)0 3.55 55 3.60 3.60 3.30 J.15 3.50 3 YEARS -- 3.80 3.80 3.50 3.25 3.70 3.55 3.25 3.25 3.25 3.45 3.55 3.35 3.60 CLASSIFICATION Effective January STAR'r 1 WAGE SCHEDULE 1975 1 YEAR ~'~"",fr'(I -."":'1._-- Þl~·:~"'.. " ~' . , .' . ' . ' S C H E D U L E n A II WAGE SCHEDULE Effective July 1 1975 CLASSIFICATION STAR'I 1 YEAR 2 YEARS --...0.--,___,...-_.._ - -- R. N. A. 3.80 3.90 4.00 Attendant 3.80 3.90 4.00 Nurses Aide 3.65 3.75 3.85 Craft Supervisor 3.45 3.50 3.55 Adjuvant 3.70 3.80 3.90 Charge Laundry and 3.65 Housekeeping Maid 3.75 3.85 Housekeeping Maid 3.45 3.50 3.55 Laundry Maid 3.11-5 3.50 3.55 Kitchen Maid 3.45 3.50 3.55 Kitch8'h Maintenance 3.65 3.70 3.75 First Cook 3.60 3.70 3.80 Second Cook 3.55 ') "0 3.65 J. ',.) Maintenance 3.80 3.85 3.90 1 ^ 3 F'R." ......A~ ;:;) 4.10 4.10 3.95 3.60 4.00 4.00 3.60 3.60 3.60 3.80 3.85 3.70 3.95 S G H E D U L E " A II WAGE SCHEDULE EFFECTIVE September 1, 1975 CLASSIFICATION START 1 YEAR 2 YEARS --- - -- R. N. Â. 4.30 4.40 4.50 Attend.ant 4.30 4.40 4.50 Nurses Aide 3.95 4.05 4.15 Craft Supervisör 4.15 4.25 4.35 Adjuvant 4.15 4.25 4.35 Charge Laundry and H.ousekeeping Maid 4.15 4.25 4.35 Housekeeping Maid 3.70 3.80 3.90 Laundry Maid 3.70 3.80 3.90 Kitchen Maid 3.70 3.80 3.90 Ki tchen Maintemmce 4.10 4.20 4.30 First Cook 4.20 4.30 4.LfO Second Coole 4.00 4.10 4.20 Maintenance 4.20 4.30 4.40 Ii.. J , ~.~ :1 \., \ \ -';i;;h, ~ I:, "'r"" 3 YEARS 4.60 4.60 4.25 4.45 4.45 4.50 4.00 4.00 4.00 4.40 4.50 4.30 4.50