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2480 G. C. Leverton, Deputy Clerk II I I , I READ a third time and finally passed this 26th day of October, 1977. READ READ NOW TID~REFORE 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 "AU) between the County of Elgin and the Terrace Lodge Employees' Association, setting forth collective bargaining relations, disposition of grievances, and to define working conditions, and terms of employment for all employees of Terrace Lodge, represented by the said Association. a second time this a first time this 26th day of October, 26th day of October, 1977 1977 . AND W!{EREAS agreement has now been reached by both parties on the said procedure, conditions and terms of employment to be included in an agreement. AND WHEREAS negotiations have taken place over a period of time, between the County and the Association, 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 Association, in the form of a Collective Agreement. AND WHEREAS the Æssociation is the certified bargaining agent for the employees of the Corporation of the County of Elgin, at its Terrace Lodge at the Township of Malahide, save and except Supervisors, persons above the rank of Supervisor, Registered Nurses, Office Staff and Students. WHEREAS a majority of the employee's of the Terrace Lodge have become members of the Association, which is an Association, unaffiliated with any other labour organization, be it a national or local, and through the Association have requested the employer to enter into a Collective Agreement, and the employer has agreed thereto . BETWEEN THE EMPLOYEES' ASSOCIATION " . CORPORATION OF THE COUNTY OF ELGIN AND TERRACE LODGE t" :/~ ,,:/ fA": . '.,.- "BEING A BY-LAW TO AUTHORIZE THE , -".."- " By-Law No . COUNTY OF ELGIN .-;::-'" EXECUTION OF A COLLECTIVE AGIŒEMENT 2480 ~ I ¡¡¡ .~:;j Am?3:0IJ¡J 2... ASSOOIA'l'XON RliJOOŒIIX'l'XON ia.Ol'l'bEl .$nployer recC1pzÐ19 the Association as the sole Collective )3ar~~mtl!l>g¡ Agønt £0:1:'# AaTIO..t.E 1.. GEN¡¡;J'UI.L PURpoSE j.~Ol The gøne:r¡,¡.l ~;P<ìse Qt this a~eønleut is to OOIta'bUsh oroet'ly eøllect:1v$ Þ!'.\X'¡p¡,:U¢'tg X'olatiøn 'b~t'W$m the Employer and. it::! .pJ.ôyet)S at tM TeX'l"~è~ I,QciI;ge a.nd to prQvJ.4e a.n oX'd$X'ly p1'oc$ð.1.U'$ tor 1;.ha d:l.s_:lt:ton of gr:l.ðVauo~ a.nd to de~n$ wl)t'k;W.g còntU,t:tm'l.S and t~ ofœployMØ11t foX' all $ployeæ \11toliWe Covered. by the ~ov;t$iW ot thi$ agt'øane¥~t. i~Olij 'rnE~'ORE '.I.'JiIJJ;$ MilîøEN'l' w;tf.!.'¡~JJ:SS¡¡;rXh ''WHER,1!;AS a majoX'ity of the Employee's of thø T~ce LOdge hI>\'Iì'e 'become msnbeì'lS'ofthe.4asociation#\1bt<lhis an Aê$Q¢iat:tøn. .un- att1Uatl';)d . with any ot1'l.er l.a.'b()ù);'ôrga.n:l.~at1Qn, .·be it·· ··,¡nat:i.o#a.1 . OX' '. .. ,", . .' . " . . . . ,. , .. ',' loÇíá.1. and through the' Á$soc1at:l.on. ~'\'$. :réqU$stßdthé employet" tQ entet' ~.nto å Oollective Agr$æen't, and the anployerbalil â~eed tMt"etO. j'í~1-D1JREAS the A$so~1âtion is .tþø em:U':ted. 'bargl:Ã;V.n1ng agent tor th$ 0011i£lo;¡r¡;¡¡¡¡a of tbø COì"Porat:i.øn øf the C~~;byøf tlg:i.t\at . :i.ts T~:t'raee LOdge at the '.L'O'gJnl¡1h1p of Mal~:1.<;1Ø, save and e,."J¢{jepb Sup~aO:l:'$f PW¡¡¡ons above therenI~of 3upÐ3i'V':!.sor, rteØiatered. U1.U"s(;'¡s, O;f'fice Staff. and $tudenta. Md TErotA.CE :WOO)!] 1!)1PU)'II.'JES' ·Eb,$t"e1~ør c¡¡",'t3.$\ll thO J\.'1$oc:i.ation) TbJ.s agx><i!auent madE! i;¡he day of Betwem~· The OOl'tJi'ORATIOIil OF TI-D1JCOUN'.t'Y or ELGIN (h~e:tn¡¡1.i'ter ~:tled It tbø~plOlV$t' . n) w;tth t"¡,;¡apectto th!il corporat:!.:øn'liI <i1t11ployeM at '.l'eJ'X'a(j1i) Lodge. TO'g/'mlhS.P otMa1.ø.bJ.d.e 26th CoUéCt:i.ve Ag:t."eœmt October II! ". 19'77. Theqwporation Tbe . Count)" Of Elg:j.n and TeiEWâtJÐ LQdge, AYlmer Téna.(jG Lodge IDnp1oye~ r'¡ COL'L')!"Cr.IV'E AQ~ Between .-.-- .~ n -J ".-----. //- // ¿ ~ ,--... --_.~"'--"'---~,-,---,,,,,,",,,~~,---_.,,,,~.,.....-.......--,,.---~..._,,.......-,,,,~ --- /' // / / ,/ __.____.,..,;o....,,___,~_ / / / r / AU anployees a.t the 'l'Ot'IUship ot' abQ'IJ'EJ 't.he ,¡;><a.nk of S'UpGtrv':!.s()Z'. students. ,/ of the Finployer whQ r'~:al~,hi(¡a~ ßa.va /' / / / / / ,/ , ,/ are empJ.oy·oo at thø Terrace LQclge and except Supervisors, per¡¡;Q¡:/,S I~eg:lst~red NUf'$Els. Office St¡¡,ffl/ and / and students. 2.02 (a) The Employer agrees that there shall be no discrimination, intimidation~ interferenceg restraintg or coercion exercised or practised by the Employer, by any of its representatives, with respect to any person(s) because of membership or non-membership in the Associationg and that membership in the Association by employees who are eligible to join will not be discouraged. (b) The Association agrees that there shall be nO),discrimination, intimidation, interference restraint or coercion. exercised or practised upon management representati~es of the Employer by any of its members or representatives" because of membership or non-membership in the Association~ and that there shall be no Association activity, sOliciation~' for membership or collection of dues and assessments on the Employer's 10 time and no meetings on the Employer9s premises except with the permiss- ion of the Employer or except as otherwìse hereinafter provided. 2.03 The Employer agrees to bargain only with the Association 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 cOllectively, which will conflict with any of the provisions of the Agreement. ARTICLE 3 - MANAGEMENT ·RIGHTS The Association acknowledges that it is the exclusive function of the Employer to: 3.01 Maintain order~ discipline and efficiency. 3.02 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 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 Association Committee of such rules and regulations. 3.03 Hire, discharge, promote, demoteg transfer, classify or discipline employees, provided that a claim of a discriminatory transfer, promotion, demotion, or classification or a claim·that employee has been discharged or disciplined without reasonable cause may be the subject of a grievance " J ~~"7'- .~._,. -- .---- .3 ':'1.e:re.:l.:na..:t-·i:;er P;COVj_Üeo.o 3.04 Exercise any of the rights, powers, :functions or authority which the Employer had prior to the signing of the Agreement except a~ those rights, powers, functions, or authorities are specifically abridged or modified by this Agreement, and 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. 3.05 Refuse to carry out any term of this agreement in case of any labour dispute or condition arising beyond the control of the Employer. 3.06 Reserve the right to limit, prohibit, prevent or otherwise control political activity on the Employer's premises. ARTICLE 4 - STRIKES AND LOCKOUTS 4.01 In view of the orderly procedure established herein for the dis~ position 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 Association agrees that there shall be no' strikes or other collective action which will stop or interfere with theoperatibn of the Home for the duration of this Agreement or any extension thereof. 4.02 Strike includes a cessation of work, a refusal to work or to continue to work by employees in combination or in con~ert or in acc- ordance with a common understanding or a slow down, stoppage, labour holiday, continuous meeting or other concerted activity on the part of the employees designated to restrict, limit or otherwise inferfere with the operation of the Home or entry tô\ the Employer's property. 4.03 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. ARTICLE 5 - ASSOCIATION RECOGNITION 5.01 The Employer acknowledges the right of the Association to appoint or otherwise select an Association 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 removal of this Agreement. 5.02 The Employer acknowledges the right of the Association to appoint or otherwise select three (3) stewards. I;~ i If (:. J...S .s.g:J:'0sd that the Associati.on Pres'j,dent may be presen.t with the Association Committee or Stewards at their request during any meet;ing with the Employer. 5.04 The association acknowledges and agrees that members of the Association Committee and Stewards have regular duties to perform in connection with their employment and all activities of members of the Association and Stewards will be carried on outside regular working hours unless otherwise mutually agreed or as otherwise provided for under this Agreement. 5.05 Employees shall be eligible to serve as Stewards or members of the Association Committee upon completion of their individual probationary period. 5.06' The Association 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 i of the subjects to be discussed. 5.07' The Association agrees to supply the Employer with the names of the stewards and Association Committee members and will keep such list up to date at all times. ARTICLE 6 - COMP!'AINT PROCEDURE 6.01 It is the mutual desire of the parties hereto that complaints of employees will be adjusted as quiddy as possible and it is understood that an emploY,eehas no grievance unless the complaint has been referred to his/her immediate Supervisor within five (5) working days of the commencement of the occurrence causing the complaint. In making the complaint to his/her Supervisor, the employee may, if he/she so requests, be accompanied by his/her Steward. 6.02' It is understood that an employee has no grievance until he/she has first given his/her immediate Supervisor an opportunity of adjusting his/her complaint. 6.03' The employee~s Supervisor shall give an oral decision to the complainant within three (3) working days. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01í Definition: For the purpose of this Agreement, "Grievance"is defined as a dispute, claim, or complaint involving the interpretation, application, ',admin- istration or alleged violation of the Agreement including any question - ør"j.s····ax-bi t .r"a b1. e. 7~O2 Procedure: The grievance procedure shall bé as follows: If'an employee believes that a complaint has not been satisfactorily adjusted, the complaint shall be reduced to wri~ting on a form approved by the Employer and shall be deemed to be a grievance. 7.03 Step 1. The written grievance signed by the employee shall be presented to his/her immediate Supervisor within five (5) workingddays of the Supervisor's 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. Step 2. In the event the employee is not satisfied the aggrieved employee~ accompanied by ~Association Representative, within five (5) working days of the Supervisor's 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. Step 3. Failing a satisfactory settlement in Step 2, the'Aggrieved employee may submit his/her grievance to the Employer for discussion at a special meeting of the Association 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. , , Step 4. If the grievance is not settled to the satisfaction I , I of the employee~then the grievance may be referred to arbitration I providing any such notice of appeal must be filed with the Administrator I or his designated representative, within ten(lO) calendar days of the I reply of the Employer under Step 3. I j' f 7.0L, No griev~~ce maY be submitted to arbitration which has not been I i i proper+y carried through all previous steps of the grievance proëedure I '. I within the specified time limits. I 7.05. Any time limits referred to as working days in the Complaint or I I Grievance Procedure, or any subsection thereof, within which any I I procedure is required to be taken or notice is required to be given.shall , I be calculated'excluSivë2of any calendar Sunday, Paid Holiday within the I , ¡ meaning of this agreement and any day on which the employee concerned I , is not working as the result of a regularly scheduled daY.' off. , , , i ......,..,--......,. --- .'~"" rJ ...,..... .,~~._~-- ~,~ 'ii " ¡Jill ation Committee (5) calen r days after the to work for the Home or receipt of di harge noti"Òe, occurs~ otherwise the same will not b considered. j the oM.~ will be 9.03 A special meeting between EmployerUs Management Committee days of receipt of such special grievance or at any time mutuälly agreed ^~sociation Committee and the held within five (5) working has been unjustly if a written statement of such lodged by employee. 9.02 Such special grievance to be considered, must be presented to the Administrator or his designated respresentative by a member of the Associ- employee ceased whichever first within five ARTICLE 9.01 A discharged 9 - DISCHARGE CASES claim by a permanent empl E shall be treated as a ~r \~ special grievance is that he or she ~~e~ial grievance, the reasons wit I work the Employe ,the ~ the arbitra ,ions _~ ..~~ 8.0l¡. It is that no . arty Policy Grie ,en referred to the vided withi 14) ca.lendar days occurrence ~ 8.05 It is unders'u Grievance which is complaint shall be proc as provided in Articles ~ausing the Policy Grievance. ~ood that no complaint may be treated as a Policy properly the complaint of an employee(s), which essed under the Complaint and Grievance Procedure 6 and 7. gr~.evance to arbitration ~~ t~~~ agreement. p has a Policy Grievance other of the unless party as herein pro- commencement of the the Failing settlement, in accordance with by the Employer, it presented in writing to the Association and the parties five (5) working days thereafter meet to discuss Association shall provide its answer to the of such meeting. shall be shall within such grievance. The Employer in writing stating provisions of this Agreement. 8.03 In the case of such grievance of the decision of the Administrator or his designated respresentative, the grievance may be processed through Step 3 of the Grievance Procedure and may be submitted to arbitration in accordance with the ~~rbitration Association it is to be submitted to the Administrator or his designated representative who shall provide a writtert answer within five (5) working days after receipt 8. OJ. Any di:f:fer n Association may..: '. __ u....cuv_~ as a grievance in the following manner. 8.02 In the case of such grievance by the GRIEVAiVCES BY =PLOYER OR. ASSOCIATION (POLICY GRIEVANCE) ., .. directly between the either '-,e ~-1'-~~~~~" in writing by Employer and the party and dealt with as to the names and classi tion and the time and place of ~~~.. not exceed ten (10) minutes. in a room to this EmployerVs premises, employee shall report period. purpose of infor,ming such employee of the existence of the Association in the Home and of ascertainirig whether the employee desires to become a member. The Employer shall advise the Association for,m time to time of the persons to be interviewed upon the first calendar days 10.03 All new emp their probationary ~ ation and members ~s goo condition of employment The Employer agrees , shall be given the opportunity of interviewi~~ each new employee once upon completion of said employeeqs probationary period of employment for the as a 10.OL¡. required to sign the dues deduction set forth in this Article, provided, however, that such authorization with respect to new employees shall become effective URITY ~~~ who are members of the Association shall standing for the duration of their employment Collective Agre.ement. 10.02 Each new employee shall be authorizationfor,m ARTICLE 10 - ASSOCI N 10.01 All present ~"'._~ remain members in good during~ the t er,m of this 9~05 Failing settlement of such procedure~ the grievance may be calendar days of the reply of the settlement upon the parties. action or without compensation, such other manner as is the the on in straight; time during his other employment. conferring parties. Back pay awards shall not, however, exceed amount which the employee would nor,mally have earned, calculated nor,mal work schedule, less any money earned \}<~.,-~~';;:;.,. '.,,~,' iJ:Y parbi es'. Such special grievance may be settled by in dismissing the regular dues decution date following the first thirty (30) after the employee's last date of commencement of employment. covered by this Agreeme:q.t of p~riod, may voluntarily become of the Associ- ~ d standing for the duration of their during the t er,m ,",'W'o'Y'\"1,oy,.....,-..r-- confi:nning the Empl.oyer' employee or by reinstating the employee with or with or without loss__ of seniority, or i)'l deemed just and equitable in the opinion of"<~ ~,,~'L., interview, the duration of which shall The interview shall take place on the that a Assòciation representative¡ designated by the Employer, and the room for interview, dUring the interview special grievance under the foregoing referred to arbitration within seven (7) Employer for final and binding employment of the Collective Agreement. , on completion members ~ s L I ì i , ,/ "...."".,"",~-,,,,,,,""'<---'''- ~. / / // ,-""._-".......... --..-- .- ---_. ';"'..,....,..··..C" ".....~.~.J....";; cc.,!'0::_=ZC ·C~.'-,--· rl '-------_..-/~ / r~'·' ir' t,~"L ,...............-- l()'0Ø The anp.loyet' a.grees, upOn :t'ece1pt Of W1"i1<ten authorizati.on, to deduct Assac:l.a.tiQn Dues during the tøt1Jl o£ t.his Agreanen'G i'".t'Otn thø i:trst p:;¡.y due eacncalo."!.dar mon'lih .f':¡.-œ all Employees $> as duly dß$;t~tì!ld Ï;)y' the Søc:ra'liary....T:rØD.sUX'ê:l:' ot the AssoQia:b:!.Qn, and to :remit a~e not la.têt' tl1$.n the 22nd. day of the SeJn$ mOnth to the ASliloc1at:i.on 1t':I:'E!9.s'I.Wo:r+ ,',--,.._.,.......--.-"'-'"--------"'~--_... - ARTICLE 12 The Seniority forfeited~ and there 12QOl Employment is 12.02 An employee overstays without securing an extension is no obligation on the Employer to terminated for any reason. a leave of absence of leave. granted by the LOSS OF SENIORITY of an employee shall be Employer considered broken and all rights re-hire when: I of recall~ and shall~ or they shall forfeit on to fill may be taken by the on the emergencies 0 Employer by sending notice to the employee's records of the Employer. employment. Temporary employees Notice of recall shall be given last known address are recalled to work~ three days (excluding they must signify their intention to do so Sundays and holidays) of the date of the notice to work within a further five days, in fact, return their claim of 11.06 Employees who are laid off will be list for a period of twelve (12) months. retained on the seniority If during that period, they within 1100 ployer . and the, ,nd effi individual emp ~ty and f the residents 11.0 'ity lists will )ard and 'evised a least .. '" - "U U u I the Empluye~ _ Seniority as posted will b", deemed to b..J fi..al and I subj ect to complaint unless such complaint is made within thirty Vi days from the first date of posting of each new list. 11.05 The Employer will supply copies of the Seniority list to the Chairman of the Association Committee. will be ~ ~ 1'>0) semi-a:'mual"y .~ccordi:"g ....0 "-he re^ords of r ,.. ,...... not nt of employment, regarded as probatiow ~ ¡ as above provided, and s] 1. dismissal. 11.02 In the case of prl n ) 1~ 'che employee.'s relative' f n j~ into account in order to p "fficiént cases where 'che above I ~ II.. between two ,,;, ployees an . DO' capable of performing the Employer 'to be determining factor. In be equal as consider~tio:' are deemed by the Employer to ~n j ~ th employees are deemed by the work, seniority shall be the transfer, laÝëoff and"re-call and ability shall be taken staff of employees. be I ,-"v..:;.. 3.e1?-iorit:.y is Ernployer and will bB (90) calendar days 0"" .e:fined as length of" continuous service with the acquired when an employee has completed ninety . service, such seniority shall date fwõm'the commence- and will accumulate thereafter. Employees will seniority of until they have acquired right to grieve by reason whether or not he/she quali£ies £or sick leave pay, time card: immediat ely ~ punched accidentally. 13.07 The Employer does not £or regularly assigned hours 13.08 An employee, guarantee to provide work £01' any or for any other hours. employee , of another employee~ the Supervisor otherwise it $hall be deemed that not 13.06 Punching'in and so doing by an action against the employee employee. may be affected by any changes in a posted schedule. J 13.05 Tampering or changing of a posted schedule by any employee will entitle the Employer to take disciplinary action against the employee. or out of another employee's time card is prohibited in advance covering a five (5) week period and such schedulesffiall remain posted for the duration of the schedule. Subject t~ Clause 14.01., there'wilL.be ' charges without the. consent of the Employer and the employees, who end off in any five 13.04 The Employer no~t 13.03 Employees will be provided~ however~ 13.02 It is understood that employees may be and including~ seven (7) consecutive days. given an equitable required to work up to, ARTICLE 13 - HOURS OF WORK 13.01 The normal work day shall consist of eight (20) minutes allowed on each eight (8) hour shift of pay. ($) hours with twenty for lunch without loss c within three ·.W"-_· '''-..0 Sundays to return to work within a further five days. 12.08 The Employer will give to comply with Articles 12.02 employee~s control. consideration to an employee who is unablet and 12.04 due to circumstances beyond the tinuous 12.07 notic.~s or fails An employee fails to notify the of recall following a lay-off (e~n""à~~'" days ,of and holidays) r',r.,..."",,, M,N······" A~f';;:; c·,,;·, ,_.} ~t.·ho.se 12.0L¡- advising the &aployer and securing a leave 12.05 An employee is discharged forëa~e reversed through the Grievance Procedure. 12.06 An employee is laid off for a period in months. ..~--- ,..,:';;U ~:G;iJ..:Lzes a le';:':'-""ç 0;;;'" absence .for for.which 'the leave of absence was granted. An ~aployee is absent for three consecutive working days of absence. and the discharge is excess of twelve con- not -".--.. ~ -~" purpos es without .....,..,,- -- o~her shall be the subject of imm@diate disciplinary , If an employee aqcidentally punches a shall be notified such time card was number of weekends off, that all employees shall be given a least one week- (5) week scheduled pericÛ". will post schedules one week ---.",-" t.han. .J (a) Pay at employees regular pay of' the Employees required to work Employer receive either: the rate of' time and one-half the paid holiday shall at the option reasonable excuse. (b) The employee scheduled to work. 15.02 on a is not absent on the paid holiday after being not absent on the days is scheduled to work immediately prece~ding and following the hOliday, or the granted in lie~ thereof', unless excused because of illness or day other provided (a) The that : Employee is he/she Good Friday Easter Monday Victoria Day Second Monday in February Civic Holiday Thanksgiving Day Labour Day Christmas Day Boxing Day ARTICLE 1:5 PAID HOLIDAYS 1~.01 All regular employees will be credited with pay straight time for each of the following paid holidays: New Year v s Day Dominion Day computed at , right to employee Time of'f overtime shif't and may not be accumulated. except in 14.02 The Employer shall give the employee the right to elect to take time off in lieu of pay for overtime work or pay. The· elect to take time off in lieu of pay applies has worked a full overtimE? shift of at least in lieu of pay shall equal the number of hours whether employee's only where the eight hours. worked on the ARTICLE ERTIME 14.01 ,L authorized by the Employer shall be of time and one-half of the employee's basic for all hours worked in excess of the normal Employees the end of shall be given at least four (4) their regularly scheduled shif't cases of emergency. hours prior notice before of such overtime requirement, 1L, Over'Gi' 'n paid at the rate straight time hourly rate scheduled shift. other shift at least one however, that if there be an said emergency, is not given, emergency and notice, by reason of, .the this requirement will not be enforced. á:fteX' 22:)0 p.m. after 10:30p.m. - ~na~~lî~y vo b~on and be£ore4:]0 p.m. and any and before 22:30 a.m., and in respect hourvs notice shall be given, provided, Of any ax.-..y: .sl:.l.:i...f'i.; shift I ~"'" o£ Vacation pay shall twelve (12) months pay at his/her regular rate~ the 's 31st. (b) Where at December 3lst~ continuous service~ he/she an employee has completed one shall receive two (2) week's (1) has compl ed more than than one \'" shall receive 9ne (1) week's vacation. Vacation pay at 4% o£ total earnings during the twelve (12) months , " ",) year, shall be prior to December £ollows: (a) Where (6) months at December o£ continuous 3lst~ an service employee but less six he/she calculated of computing vacation entitlement, the vacation year shall begin on January lst~ 1977, every employee shall be granted an annual vacation with pay according to his/her credited service as ARTICLE 16 - VACATIONS 16.01 For the purpose Paid Holiday only where the majority of the on his/her shift fall on the Paid Holiday. 15.07 Employees will be guaranteed either. Christmas Day off. Seniority will govern for preference of Day or New Year such holidays. 15.05 If one o£ the the employee ,will receive to his or her vacation.' 15.06 It is understood and agreed that an employee is entitled to receive the benefits provided in this Article for work performed on a hours worked by~~he employee 's employee. paid holidays occurs during an employee's vacation, an additional day with pay which may be added time and in addition will receive two and one-half (t) times regular rate of pay for all hours worked on the Paid Holiday. 15.04 If one of the day o£f the employee days following the holiday~ between the Employer and the paid ,Holidays occurs on an regular will receive an extra day off within thirty (30) and at a time that is mutuallÿ agreed upon employee's regular rate off either days following the holiday. contained to the contrary, Paid Holidays occurs on an employee's regular day off employee's vacation period and the ,employee will receive one of the during an work~ the his/her employee is required to credit for the så~d holiday at straight year vacation. be calculated at 4% of total 'earnings during the immediately preceeding December3lst' or two week whichever is greater. if or (b) Pay at the rate for work peri'ormed on , thirty (30) days before or 15.03 thirty Notwithstanding anything herein of time and such holiday, (0) one-half the employee's and an alternative day ~'~.".._'- 11;:',-';::';;':::'" " .i..'-;'"- reg-ular pay,; or v. ~~..~ ,-,~';" ;c;.........;..'" ......o.i..:i.c.a.y:J ^.~~ :1.:a·~.addí.t:i.on to the employee·s \ i 3t-lO 10t-17! 1$ or more Working Days 0-3 Monthly Sick Leave .Credit 1t da.ys 1 :1 "2 o day day J Where full-time employee in excess of three (3 working days in a leave credit referred to in Clause 17.01 Absent a regular ) is absent from work ,for a period calendar ~"month, th~ sick shall be as follows: , Employer. However~ upon completion of three employee shall, subject to Clause 17.03, be leaveQ 17.03 (3) service, credited with 4~ days 17002 he/she service months ' ARTICLE 17 - SICK LEAVE 17.01 Each employee will be of sick leave at the end of 'credited with each month of and one-half (l~) days make a request in advance of shall cover only the employeeVs vacationo in the vacation pay in advance, an employee shall writing to his/her Supervisor not less than two weeks date his/her vacation is to commence. Such an advance pay period or pay periods falling within the vacation ation based upon con'tinuous service ".~~ ~~.,. previous vacation year, in accordance 16.05 In order to receive pay entitlement shall be ~~~f~~ed for the employer during the with the provisions of this Article. vacation year time on the payroll during which he/she from the Employero 16004 An employeeVs of this Act. 16.03 The vacation and vacatio pay entitlement of an has been absent '~ pay for a period in month during the shall .be from work witho"'t employee excess of pro-rated on the basis of actual is in receipt of r~uneration who one "'~. ;i'\:,::'· q; ...J.C;L"O nuou.s pay, time ~re at continuous vacat~on_ Vacation regular straight. time C(:¡) Every employee who section shall be years of pay shall be calcula.te'd on"the hourly rat e of pay 0 does not otherwise paid in accordance qualify under the provisions with the Employment Standards 31st~ an employee has completed fifteen service he/she shall receive four (4) weeks basis of the , employee's ''<'"'''"' ~' i4i.; Deceraber 3~st:J an employee ha"s completed f'j.ye service, he/she shall receive three (3) weeks' shall be calculated on the basis of the employee's of paYo hourly rate December (15) regular _'(~')- years ?£J \.} vacation. " one service. An employee shall not be granted any sick leave benefits until has completed three (3) months V continuous with the. the sick ,... leave and is in addition to any , Employer may deem fit to invoke. the fourth or subsequent periods a grievance. Where sick leave The of sick absence Employer to pay for leave may. be the subject of has been in excess of three (3) days the the stood that this to endeavour, to eliminate',abuses of sick other disciplinary action which the refusal of the accumulat ed provision if an fourth or subsequent period of employee has sick leave notwithstanding that his/her credit. It is under- shift and before 4: commencing after 0:30 p.m. and before 12:30 a.m. other shift at 1 ast one hours notice shall be however~ that if there e,an said emérgency~ if not 0 17.08 After an employee or less within a calendar year~ the Employer may refuse to sick leave, three pay for "'iven, has emergency and notice, this requirement had three periods by reason of the will not be enforced. of sick leave of sick leave 17.07 credits on any shift of any v credits. All employees accumulated~ , whether they must give two "' commencing after 12:30 p.m. from ~-ftb~'~~v to be not eligible for :n extent that sick __ 17.06 Any employee discharged for C~USE reversed through subsequent proceedings, p~y credits, if any, are available. ~ :, whose discharge is not shall lose and forfeit all while at work or illness inherent to occupation, and as a result is-receiving Workmenvs Compensation~ as awarded by the Workmen's 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 Vs Compensation, he may receive such employee is sick pay to the . , however~ apply to an of illness or injury leave; ,J. .......u.........n__ ..~v.l..I......Uu payo 17.04 ur.used purtion o. sick leave credits'~ be allowed to accumulate without any limitation. 17.05 When an employee is absent as a result of an accident, The above (a) (b) (c) absent without who .!.S ......1....,...."" + ...~,.J..1,..r"\ 4.- The - r l' ~,n anyone year shall t .. who is who is . , who does not work his regular conditions beyond the control of the his Supervisor to work different hours (b) who is on vacation; (c) who is on a paid holiday qualify or not for s " v t" l' h· .ours no ~ce' 0 ~s ......~ ............u. 30 p.m. and any and in respect given provided, (a) -- ~hat ~he above þrovîsionshall not employee shift because of emergency-or other employee, or has been requested by ; . . - apply to an who are on leave of absence will not engage in gain- ful employment while on:such leave~ or utilize a leave of absence for purposes other than those for which the leave of absenc~ was granted, and if'an employee does engage in gainful employment while on such ¡J, j Employees be laid off and their such absenceo 19003 Employees employee 19~02 ARTICLE 19 19.01 The PERSONAL LEAVE OF ABSENCE Employer may grant leave of absence without pay to any for l~gitimate personal reasons. who are on leave of absence will not be considered to seniority shall continue to accumulate during application by the employee. The available only to those employees with the Employer. For those employees Employer9 in the with the in-law9 be granted without loss employee to attend the sister-in-law9 who have completed their probationary period case of the death of the employee's brother- grandfather or grandmother, up to one day may of regular pay where necessary to enable the funeral. period 18.02 the (3 ) and full ARTICLE 18 - COMPASSIONATE LEAVE OF ABSENCE 18.01 In the event of the death of a member of an employee's ~ediate family being restricted to mother9 father9 mother-in-law, father-in-law, sister9 brother9 spouse9 common-law Spouse9 child, grandchild, where the said attending the funeral or assisting in arrangements for emplo fun era fiith ¡: hree days. incl~ shall ",onc-,-u The ~.. ~ oonsideration to granting additional time off wi' hout p y u...-'on· Benefit of this clause shall be who have completed their probationary Employer shall arrange leave The three (3) days shal19 however9 , , de on the day of the fUneral. Employe~ wi ',1 gi'M t r 9. r an amount computed on the basis of his/her rate of pay at ,the date of leaving the employ of..·the Home for a period equal to fifty per cent (50%) of',the value of his/her sick leave credits, but 'the amount shall not exceed six (6) months' pay. 17.09 Wh( ill employee sel~ice OE to be employed by the her or to ""~~/ representative Home, ,-~ ~ /her personal repres entati ve9 to such other person as the or failing a-personal Employer may detenmine, ~oyer. having more than five (5) years consecutive there shall. be paid to him/ , , ' bé s~ck leave credi~s unless 'With a Doctor's certificate or other .~, .,-." rl ARTICLE 23001 Ontario the plan as 23 - HEALTH AND WELFA E The Employer agree to "J I Health Insurance Plan covered under this agreement. nay 100% of·,the billing rate of·the (OHIP) for all employees eligible under I! ¡ I I I I i Ii Ii ;,1 ,I II ;1, [I I' " $20000 per year on the 1st day of April provided they have completed their ninety (90) days of serviceo ARl'ICI..E 22 22001 Every her hours of - UNIFORMS employee shall be:.required to wear a uniform during hisl employment. All employees shall be paid allowance of ARl'ICLE 21001 The Employer. agrees to $~ablish a notice board for the use of the Association for posting of official notices. All such notices must be signed by the proper officer of"·the Association and must be submitted to;'the Administrator or his designated representative for his approval as to contentso 21 - ASSOCIATION 20002 Employees on leave of absence under this Article shall continue to accumulate all rights and privileges under this agreement. Association shall be period of absence. leave of absence shall be made to the (0) days in advance of. such leave, which may be waived by mutual agreement under extenuating circumstances (v) Such leave of absence shall be granted without pay and the for the payment of wages responsible Applications for such A&ainistrator at least thirty days; (iv) during the ; employee in a calendar yea:r' (iii) Such leave of absence shall be.for a maximum subj ect (i) A maximum one '(jime; (ii) No shall be given of fourteen (;L1¡.) ARTICLE 20 - ASSOCIATION , 20.01 Association Leave to the following of three LEAVE OF ABSENCE will be granted for conditions employees such leave on "more than four . . only will be granted such leave at occasions seminars and conventions, discretion of the Employer be shall not apply to employees on Association Leave of Absence in accordance with the provisions of Article 20 of this Agreement. .""... Iß;:·/1:;::;~:han thos e 0;';;";'-U'L;;.:i~':i.zes't¡1.é"J..; éàve-- --o:f:: abErenc-e-,"'.:t-·?r:>~pos-e6-';';O:Qn.,~3."" for which the leave of absence was granted. may. at~the considered as a voluntary quit. This clause , ?;*'~ IE r time~ or ~"" will be classifi iono If the employee proves during that ...'" he/she is un&b.1e to perform his/her new duties, he/she returned to" his/her fOrmer position at his/her former salary '---~"".,. 'r-;"-··_·_.__·'_o.:-~,~~,,~··· I , working days confirmed in unsatisfactory a trial period not exceeding forty-five she proves satisfactory he/she will then be 24006 An employee who is transferred in accordance set forth in this Article will be placed in the (45) with the permanent procedure vacancy i'or and if he/ his/her new are employees~ or if the applicant or applicants are not, of the Enployer~ considered to be suitable for such '~cancies, the Employer may fill the'vacancy in any manner it sees fit. ' 24005 If an employee is transferred by the Employer from one department to another on a permanent; basis~ the departmental seniority the employee has accumulated in his/her former department shall be credited to his/ her departmenta+ seniority in his/her new department. received from in the opinion then has been advised of his selection~ or applicants that the position ha~ 24004 If no applications to fill applicants seniority 24003 Any such posting and the and the applicants are shall be",the determining A ap.p.l:lcant . successfurIW~.Ll be sele a reasonable tJl1'le after Employer will ~ the successful applicant ..ot...fy t.,e unsuccessful applicant ~ been filled. such vacancies as so"n as .......:f: '- Employer to be equal as between the capable of performing the work, post;ed on"the first day after the vacan~y or new job occurs. 24002 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 24.01 and shall set out his/her qualifications in his/her appli- and cationo Applicatns will be selected on the basis experience to perform the work available. In considerations are deemed by the of qualifications cases where'the above I I I I I I r I f i i or new jobs on the Association ,bulletin board and such notices shall remain posted for a .period of five (5) working days~ unless in the opinion of the Employer an ~nergency exists that does not allow sufficient time for the above-mentioned procedure to be followed. The notices shall be ARTICLE 24 - POSTING" INITIAL VACANCIES 24.01 The Employer will post all initial vacancies r"i:p"'~1'"" !_'Ii>',.,) '..!~ "'" .."".:;...::....' :4::;,,";:,".~' ; ". piL'an in res peet; 23003 The2Employer agrees to pay i'i£ty per cent (50%) of the Blue Cross Extended Health Plan ($10.00 - $20.00 deductible) for all employees eligible under the plan who apply for such coverage. c;;.gl."·ees 01' pension. \.í ops.y· ~;:.,;...... ':'j' pe:c cent ( 5Öf~) of "<~he 0 ..1:"1... .D. h..:>. ~<~=.' \.F.i. i."";~J:¿ """"0 v-Ie1..l as any otáer employee în the bargai.n:i.ng u.n.:Lt. Wflo'was promoted or transfered by reason of such placing. ARTICLE 25 - REST PERIODS 25.01 Employees will be granted one ten (10) minute rest period in each half shift with such time to be considered time worked. Employees exceeding the allotted ten (10) minute periaìomay be subject to disciplinary action. ARTICLE 26 - JURY DUTY 26.01 JuryjWitness An~ employee serving as a juror or who has been subpoe1naed'as a witness shall receive the difference between his/her jury or witness pay and his/her regular pay for the. lost time while serving in one of those capacities. A subpo~na or legal notice for such d~ty will be provided to the Employer in such instance of jury or witness duty. The employee shall provide the Employer proof of hours engaged on Jury duty or as a witness and proof of payment therefore. , Or ARI'ICLE.27 - MEALS 27.01 The Employer shall be ê.ntitled to charge each employee for meals purchased from the Employer and to adjust. the amount thereof from time to time. ARTICLE 28 - FRINGE BENEFIT BONUS (PART TIME EMPLOYEES ONLY) 28.01 The Employer agrees to pay the part-time employee ,in the first pay 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: (a) The cost at an hourly rate of the Ontario Health Insurance Plan, including semi-private coverage~ (single rate coverage) multipl~ed by the actual hours worked by the employee as aforesaid, plus (b) One-half the cost at an hourly rate of the Blue Cross Extended Health Care Plan, $10.00 - $20.00 deductible, (single rate) multiplied by the actual hours worked þ~ the emploYee as aforesaid, plus (c) The sum of .Ol¢ an hour in lieu of an uniform allowance. 28.02 Part time Statuatory Holidays in accordance with the E;fuPl.ent ,:ttándard$ Act. . , d ;.__._.....~."--'"'......~..~.~~.... .ì ~........../ .~ ~2' .~ pc' _.>c,',.."·, ARTICLE 29 - CALL-IN PAY 29.01 lThnp10yees required 1:;0 work, Ì',ho work less 1:;han three(3) hours must be paid for at least three (3) hours at minimum wage, unless they are hired to work less than three (3) hours a day, or are students. (Example: 3 hours x $3.65) ARTICLE :30 ... JOB CLASSIFICATION AND RATES 30.01 Attached hereto and forming part Of this Agreement; is Schedule ~IA" relating to job Classifications and rates for all i employees subjec1:; to the terms of this Agreement. ARTICLE .31 ... GENERAL 31.01 Nothing in this Agreement shall require the Employer or the Association to take any action which shall be unlawful by rea¡3on of applicable present of! future Domin:i.on and/or Provineia,l laws, rules and/or regulations. 3l.0f J;~ is agreed that any appeal by an employee to any elected representative or any o'ther reprèsentative of the Employer save and exPresslrprovided in this Agreement shall constitute a breach of this Agreemmt. Viola:t;ion of this clause shall render an employee liable to discipline. .31.03 Warning or disciplinary notices Or letters shall be removed from the employee's personal file after 24 mOnths of the date of such notice or letter. 31.04 Elnployees who are required by the Elnployer to work in a higher rated classification shall be paid for all work per.fonned at the highèr rate, provided the employee works at least 50% of a regular eight ($) hour shift on the higher rated job. ARTICLE 32 ... DURATION 32.01 Except as othe:ndse provided this Agreement shall Lbecome ef.fèct.. iVe on the 1st day o£ August, 1977 and shall continue in force unt:1.l the 1st day of August, 1978, from year to year thereafter, unless either pa;rty notifies the other 1n writing not less than 'l;hirty(,30) days and not more than ninety (90) days prior to the expiry date o.f th;l,$;, f1.greement that i'c des;Lres to anlend or te:rminate this agreement. 32.02 In the even't; o£ such notif'ica'cion being given \dthin the time prescribed in Clause 32.01, negotiations between the parties shall begin within £ifteen (l~) days following such notification. J j -r:. _i 'CF. - V~:!.n'tønam,E! r.._ 4.80 HQuaøkeèping. Ma:tð. ßYJ.!i!!mg NtIftIl!I'e l~1dl!l 4.,5 m,Qœ 1st CQQk. K:i.tchen );~:!.d $4.$0 4.30 §~a~, .;L0!t fit!. J<t1\~ .It, ~~ 1-"ð;;. $4.90 $'.,00 ¢'.10 4,40 4.'0 4.60 4.6S' 4.1' 4,Et, 4.40 4.'0 4.60 4.90 ,.00 ;.10 , -iii 4.30 HOURLY M'I'ES EFJJ'OO:r;l.1l.1i4 AUOOsr !L. 1977 Schedule A " " _'_·n...")~~",,,_~..~_, ._-~.~-- ~--'-"---- ..:Ji .. DEPUTY. Olœ-k '\ . 1ila.:rden ~ THE OORPORA'.'C:tON OF '.rilE /,GOMiC OF E1'.GIN ',' ,. TERRACE LODGE æPWYEE ABSOOIATI011 F"N . .,;,:~:;~",'" l":":, , DATED AIqD mECWED at Ay3.ll1ø%', Onta.riO, on b~ Qf 1::Iba pa:rt$.es bœ-eto by tb$~r duly au;thor1z()d raprœenta:t1Vê$,. this 26th $y or October 1'1 1977,