2495
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, . COUNTY OF ELGIN .'
By-Law No. 2495
,
"BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A COLLECTIVE
AGREENŒNT BETIvEEN Trill CORPOl{ATION OF THE COUNTY OF ELGIN
AND LONDON AND DISTRICT BUILDING SERVICE WORJŒl:CS' UNION,
LOCAL 220, S.E.I.U., A.F. OF L., C.I.O., C.L.C. WITH ltESPECT
TO THE COIèPORATION'S El\iIPLOYEES AT Trill ELGIN MANOR."
ItJHEREAS the London and District Building Service
Workers' Union, Local 220, by certificate dated December 20th,
1972, is the certified bargaining agent for the employees 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 are presently taking place,
between the County and'ihe 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 WHEl'èEAS in an effort to conclude negotiations
quickl~once agreement has been reached by both the Union and
the Personnel Committee, on behalf of the County, on the said
working conditions, terms of emplo~nent, etc.
NOW THEREFORE it is hereby enacted that the Warden
and Clerk of the Coµnty of Elgin be arid are hereby empowered
to sign the CQllective Agreement (to be 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.,
GIIL.C., setting forth collective 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 14th day of Decernber, 1977.
ræAD a second time this 14th day of December, 1977.
fæAD a third time and finally passed this 14th day of December, 1977.
Æ
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G. C. Leverton, D. K. Cook,
Deputy Clerk \varden
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This Agreement shall not apply to residents of the Elgin
Manor who perform services as therapy, provided, however
that the use of residents as outlined above shall not be
used to reduce the number of staff
2
.02
All full time employees of the Employer who are employed
at the Elgin Manor at the Township of Southwold, 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.
The Employer recognizes the Union as the sole Collective
Bargaining Agent for:
2
.01
UNION RECOGNITION
ARTICLE
2
The general purpose of this agreement is to establish orderly_
collective bargaining relations between the Employer and
its employees at the Elgin i~anor and to provide an
orderly procedure for the disposition of grievances
and to define working conditions and terms of employment
for all employees who are covered by the provisions of
this agreement
1
.01
ARTICLE 1 - GENERAL PURPOSE
NOW
WHEREAS the Union by certificate dated Deceolber 20th
1972, is the certified bargaining agent for the employees of
the Corporation of the County of Elgin at its Elgin Manor at
the Township of Southwold, save and except Supervisors, persons
above the rank of Supervisors, Registered Nurses, Office Staff,
persons regularly employed for not more than twenty-four hours
per week, and students employed during the school vacation period.
,
.
THEREFORE THIS AGREEMENT
LONDON AND DISTRICT
LOCAL 220, S.E.I.U.,
(hereinafter called
\\TIn'1ESSETH:
SERVICE VIOHKERS
A.F.L., C.I.O.
'The Union ")
UNION
C.L.C
and
THE CORPORATION OB THE COUNTY OF ELGIN
(hereinafter called "The Employer")
with respect to the Corporation's employees
at the Elgin Manor, Township of Southwold
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BETWEEN
THIS AGREENŒNT made the
L.JIc;..I.l~ClUJ..e"ft~·
COLLECTIVE AGREE¡~NT
-- ,-
-9~
day of
"""" J ê'/>"l /J" ",~.,z
,
1978
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
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
Hire, discharge, promote, demote, transfer, classify or
discipline employees, provided that a claim of a discrim-
inatory 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
3.03
Establish and enforce rules and regulations necessary
to maintain order, discipline and efficiency and generally
governing the conduct of the employees, provided these
ru1es 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
infornl the Union Comrnittee of such rules and regulations
3.01
3.02
Maintain order
The Union acknowledges that
of the Employer to:
discipline and efficiency
it
is the exclusive function
ARTICLE
3
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 collectively, which
will conflict with any of the provisions of this
Agreement
MANAGEMENT RIGHTS
2.04
(b) The Union agrees that there shall be no <;liscrimination
intimidation, interference, restraint or coercion
exercised or practised 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 time and no meetings on the Employer's
premises except with the permission of the Employer
or except as otherwise hereinafter provided
,
f
2.
03
.
Page 2
(a) The Employer agrees that there shall be no discrimination
intimidation, interference; restraint, or coercion
exercised or prac·tised by thé 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
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 working hours unless otherwise mutually
agreed or as otherwise provided for under this Agreement
5
.04
It is agreed that the Union Representative of Local 220,
London and District Service Workers' Union may be present
with the Union Committee or Stewards at their request
during any meeting with the Employer
5
03
The Employer acknowledges the right
appoint or otherwise select six (6)
of the Union
stewards
to
5.02
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
removal of, this Agreement
5.01
ß!!TICLE 5
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
UNION RECOGNITION
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
designated to restrict, limit or otherwise interfere
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 the Union agrees that there 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
4.01
ARTICLE 4
Reserve the right to limit, .pr,ohibi t, prevent or otherwise
control political activity on the Employer's premises
STRIKES
AND LOCKOU,!ê.
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3.05
06
Hefuse to carry out any
of any labour dispute or
control of the Employer
term of' this agreerüent in case
condition arising beyond the
Page 3
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Step 1, The written grievance signed by the employee
shall be presented to his/her immediate Supervisor within
seven (7) working days of the Supervisor's reply to the
complaint. The Stewal'd 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 recp,ipt of such grievance
7.03
Procedure:
The grievance procedure shall be as follows:
If an employee be~ieves that a complaint has not been
satisfactorily adjusted, the complaint shall be reduced
to wri ting on a form D.pproved by the Employer and shall
be deemed to be a grievance
7
.02
Definition:
For the purpose of this Agreement, Grievance" is
defined as a dispute, claim, or complaint involving the
interpretation, applica~cion, administration or alleged
violation of the Agreement including any question as
to whether a matter is arbitrable
ARTICLE
7.01
GIUEV Al'!..~]IiQº~IL!~~,
7
The employee's Supervisor shall give an oral decision
to the complainant within three (3) working days
6.03
It is understood that an employee has no grievance
he/she has fipst given his/her immediate Supervisor
an opportunity of adjusting his/her complaint
6
ARTICLE-& COMPLAINT ~~~CEDU~
6.01 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/her immediate SupervisQI
within five (5) working days of the corr~encement of the Vi
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
.02
until
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
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.
..
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5.06
5
05
Employees shall be eligible to serve as Stewards or
members of the Union Con~ittee upon completion of their
individual probationary period.
Page 4
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Page 5.
step 2. In the event the employee is not satisfied the
aggrieved employee, accompanied by a Union Representative,
within five (5 ) working days or the Supervisor~s reply
may rerer the grievance to the Aoministrator or his designated
representative. Should no settlement satisfactory to the
employee be r'eached within three (3 ) working days, the next
step in the grievance procedure may t,e taken at any time
within three (3) working days therearter.
step 3. Failing a satisractory settlement in Step 2, the
aggrieved employee may submit his/her grievance to the Employer
fop discussion at a special meeting of the Union and the
I'.¡anagemen t Committees. The special meeting shall take place
within ten (10) calendar days following the submission of the
grievance to 'the Employer 01' at a time mutually agreed
upon in writing. The reply of the Employer shall be given
within three (3) v,¡orking days following such meeting.
Step 4. If the grievance ::'8 not settled to the satisfaction
of the employee, then tohe grievance may be referred to
arbitration providing any such notice of appeal must be
filed with the Administrator or his designated pepr~sentative
within ten (10) cale~dar days of the reply of the Employer
under Step 3.
7.04 No gpievance m2Y be submitt.sd to arbitration which has not
been properly cary.~ied throu,(?,;h all previous steps of the
grieve.nee pro~eflu::."'e wi i:hin the specif'ied time limits.
7.05 Any time limits refer:i:'cd to as working days in the Complaint
or Grievance procedure, Or any subsection thereof, within
which any procedure 1.U r'''<1uired to be taken or notice is
required to be gi"/en f.311F1.1 J. bc.; calculated exclusive of
Saturday, Sunday, Paid }-!01iday(s) and employee's regularly
scheduled day(s) of'f.
ARTICLE 8 - AHBITRATION
_·_~_,___n_,~_
8.01 If either party requests that a gr'ievance be submitted to
arbitration, the y'cquc;st: shall br:. in writing addressed
'-
to the other party aDd shall conta.in the name of' such party's
nominee to the Board of Arbitration. The other party shall
within ten (10) days the}:-'·~D.ftêr nominate its member to the
Board of Arbitration cend the ":wo so nominated shall endeavour
within ten (10) days after their appointment to agree upon
a third pel'son to act as Chai:(>man of the Board of Arbitration
If the parties are unable to agree upon a third person within
10 days after their appoint:ment then a third person shall
be appointed by the Chai rIllÐ.n J Ontal'io Laboup Management
Arbitration Commission.
8.02 (a) No matter may be subm;. tted to arbitration which has
not been prope~ly carr5.(::d tIl.T'ough all previous steps of
the Grievance Procedu~e within the time limit in the manner
provided
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 representative, the grievance may be processed
through Step 3 of the Grievance Procedure and may be submitted
to arbi"tration 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'
!lliI.!CLE 9
9.01
(
POLICY GRIEVANCE
)
GRIEVANCES BY Ei'¡PLOYER OR UNION
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
8.09
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
of this
not be
involving the interpretation or application
agreement which has been disposed of hereunder shall
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
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 ßha1l 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
I
8.03
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for the taking of any step in the grievance procedure under
this collective agreeœent, notwithstanding the eXìJiration
of such time, where the arbitrator or arbitration board is
satisfied that there are reasonable grounds for the extension
and that the opposite party will not be substantially
prejudiced by the extension
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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 settlelnent upon the
parties
10.05
Such special grievance may be settled by confirming the
Employer's action in dismissing the en~loyee or by rein-
stating 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
Employer's Management Committee will be held within f'ive
(5) working days of receipt of such special grievance or at
any time mutually agreed upon and confirmed in writing by
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 wi thin f'ive (5) calendar
days after the employee ceased to work for the Home or
receipt of discharge notice, whichever first occurs. other-
wise 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
,
ß!3!ICLE
10.01
DISCHARQE CASES
10
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
9.05
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 occurence causing the Policy Grievance
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9.04
9
03
In the caSE: of such ,gl'ievance by the Employer, -:L t shall
presented in writing to the Union and the parties shall
within five (5) working days thereafter meet to discuss
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
}-'age
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such
be
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The above-mentioned authorization for
shall be as follows
ill1ion dues deduction
11. 06
The Employer will provide names, addresses and classifications
of employees as in Article 11.04 and all employees in the
bargaining units at the present time and all new employees
in the future, as well as the names and terminal dates of
all terminating employees
The Employer shall, when rend tting such dues,
amount of dues of the employees from whose pay
deductions have been made
list the names
such
The Employer agrees, upon receipt of written authorization,
to deduct Union Dues during the term of this Agreement from
the first pay due each calendar month from all employees,
as duly designated by the Secretary-Treasurer of the Local
Union, and to remit same not later than the 22nd day of the
same month to the Financial Secretary of the Local Union,
Local 220, London and District Service v'orkers' Union
11.05
a room
report
period
The Employer shall aaVlse the Union from time to time as
to the names and classifications 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 Employer's premises, in
designated by the Employer and the employee shall
to this room for interview during the interview
The Employer agrees that a Union representative shall be
given the opportunity of interviewing each new employee once
upon completion of said employee's probationary period of
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
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 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. 03
Each new employee shall be required to sign the dues deduction
authorization form set for-tl-L.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
employee's last date of commencement of employment
11. 02
All present employees who ape membeps of' the Union shall
pemain membeps in good standing for the dupation of their
employment during the term of this Collective Agreement
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11. 01
ARTICLE
11
UNION
SECU!!l.!Y
Page 8
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The Employer undertakes to observe seniority of employees
with regard to promotion, demotion, transfers, lay-offs
and recalls, provided the senior employee possesses the
necessary qualifications and experience to perform the
work available
12
~E!!fLE 12 SENIORITY
12.01 Seniority is defined as length of continuous service with
the Employer and will be acquired when an employee has
completed 60 calendar days of service, such seniority shall
date from the commencement of employment, and will accumulate
thereafter. 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
.02
New Employees shall have deductions for Union Dues made
from the first pay of the month fOllowing the first thirty
(30) calendar days of employment
11. 07
WITNESS. .
SIGNATURE
This authorization shall continue in full f'orce anci ef'fect
for the duration of my employment in a position covered
by the Collective Agreement between the Employer and the
London and District Service Workers Union, Local 220
I hereby authorize and direct the' Corporation of The
County of Elgin to deduct f'rom my first pay in each
month f'rom 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 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 theref'ore shall
constitute a good and suff'icient discharge of The
Corporation of the County of Elgin f'or the amount so deducted
from my earnings
NAME.. .
ADDHESS
THE LONDON
LOCAL 220,
Date
AND DISTRICT SEHVICE
S.B.LU.
WORKERS
UNION
tr-
,
Authorization Card for Union Dues Check-Off
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III
An employee is laid ofT for a period
continuous months
j
13.06
in excess of twelve
An employee is discharged for cause and
reversed through the Grievance Procedure
13.05
the
An employee is absent for three consecutive working days
without advising the Employer and securing a leave of
absence
discharge is not
13.04
An employee utilizes a leave of absence for purposes other
than those for which the leave of absence was granted
13.03
An employee overstays a leave of absence granted by the
Employer without securing an extension of leave
13.01
13.02
Employment
The seniority of' an employee shall be considered broken
and all rights forfeited, and there is no obligation on
the Employer to re-hire when:
is terminated for any reason
AHTICLE
13 - LOSS
SENIORITY
OF
In the event the Employer shall hir'e an employee as a full-
time employee, who prior to such hiring has rights of
seniority with the Employer as a part-time employee, the
seniority of such employee shall be recognized and applied
f'or all the rights and privileges of seniority. In the
event a f'ull-time employee reverts to part-time service
all seniority rights shall carry with that employee
12
07
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 days, or
they shall forfeit their claim of employment. Temporary
employees 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 Seniority list to
the Chairman of the Union Committee and the Local Union
office
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 Empl9yer. Seniority as posted will be deemed
to be final anti not subj ecttq ~ complaint unless such
complaint is made wi thin thirty,( 30) days from the
f'irst date of' posting of each new list.
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12.04
12.03
The Employer and the Union recognize that the ability and
efficiency of individual employees govern to a large extent
the saf'ety and comfort of the residents
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13.07 An employee fails to notify the Employer within three days
of notice of recall following a lay-off (excluding Sundays
and holidays) or fails to return to work within a further
five days.
13.08 The Employer will give consAderation to an employee who is
unable to comply with Articles 13.02 and 13.04 due to
circumstances beyond the employee's control.
AHTICLE _14 =-~qpHS OF WOR~
14.01 The normal work day shall consist of eight (8) hours with
twenty (20) minutes allowed on each eight (8) hour shift
for lunch without loss of pay.
14.02 It is understood that employees may be requireL to work
up to, and including, seven (7 ) consecutive days. Every
employee shall receive two consecutive days off except in
departments where posted work schedules provide otherwise.
14.03 Employees will be given an equitable number of weekends
off, provided, however, that all employees shall be given
at least one weekend off in 8.ny five (5) week scheduled
period.
14.04 The Employer will post schedules one week in advance covering
a five (5) week period and such schedules shall remain
posted for the duration of the schedule. Subject to Clause
14.07, there will be no changes without the consent of
the Employer and the employees who may be affected by any
changes in a posted schedule.
14.05 Tamper'ing or changing of a posted schedule by any employee
will entitle the Employer to ta!<e disciplinary action against
the employee.
14.06 Punching in or out of another employee's time card is
prohibited and so doing by an employee shall be the subject
of immediate disciplinary action a2;ainst the employee. If
an èmployee accideO'1tally punches a time card of another
employee, the Supervisor she.ll be notified immediately,
otherwise it shall be deemed that such time card was not
punched accidentally.
14.07 The Employer does not guarantee to provide work for any
employee fop regularly assign.ed hOU1"S or for any other
hours.
14.08 There will be a minimum of sixteen 16) hours off when
changing shifts
'..~
(b) Pay at the rate of time and one-half the employee's
regular rate for work performed on such Holìd~j 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 employee's
regular pay for work performed on such holiday, in
addition to the employee's regular payor
Employees required to work on a paid holiday shall at
the option of the Employer receive either:
16.02
(b) The employee is not
being scheduled to work
the paid holiday after
absent 011
(a) The employee is not absent on the days he/she 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
provided
New Year's Day
Second Monday of February
Good Friday
Easter Monday
Victoria Day
Dominion Day
that
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
All regular employees will be credited with pay
at straight time for each of the following paid
computed
holidays
16.01
AHTICLE
16 - PAID HOLIDAYS
._--- .--
The Employer shall give the employee the right to elect
whether to take time off in lieu of pay for overtime work
or pay. The employee's right to elect to take time off
in lieu of pay applies only where the employee has
worked a full overtime shift of at least eight hours. Time
off in lieu of pay shall equal the number of hours worked
on the overtime shift and may not be accumulated.
15.02
Employees shall be given at least· four (4) hours prior
notice before the end of their regularly scheduled shift
of such overtime requirement, except in cases of emergency
Overtime authorized by the Employer shall be paid at the
rate of time and one-half of the employee's basic straight
time hourly rate for all hours worked in excess of the
normal scheduled shift
I'
I
15
ARTICLE 15
01
OVERTIME
Page 12
(a) Where at December 31st, in any year, an employee has
completed less than one y~ar of continuous service, he/she
shall receive two weeks vacation in the following vacation
year. Vacation pay shall be calculated at four (4%) per
cent of total earnings during the twelve months immediately
preceding December 31st
rl
Every employee shall be granted an annual vacation with pay
according to his/her credited service as follows:
17
17.01
02
12 VACATIONS
For the purpose of computing vacation entitlement, the vacation
year shall begin on January 1st and end on the following
December 31st
ARTICLE
Employees will be
Year's Day off.
holidays
guaranteed either Christmas Day or New
Seniority will govern for preference of such
16.08
It is 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/her shift fall on the
Paid Holiday
16.07
It is understood that this provision is not to effect
the operation of the Home and that seniority will govern
in any dispute as between employees
Employees shall be allowed to accumulate five (5)
paid holidays in a calendar year. Employees must
advise the Employer by January 15th in the year of their
request to accumulate such paid holidays. The Employer
may waive the January 15th date if circumstances are
such that an employee could not make such a request by
January 15.th
16.06
If one of
vacationi
pay which
the paid holidays
the employee will
may be added to his
occur\s
receive
or her
during an employee's
an additional day with
vacation
16.05
If one of the paid holidays occurs on an employee's regular
day off, t0e 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 Employer and the
employee
f
16.04
16.03
Notwithstanding anything herein contained to the contrary,
if one of' the Paid Holidays occurs on an employee's regular
day off or during an employee's vacation period and the
employee is required to work, the employee will receive
credit for the said holiday at straight time and in addition
will receive two and one-,half (2);;) times his/her regular rate
of pay for all hours worked on the Paid Holiday
~c
Page 13
i!
In order to receive vacation pay in advance, an employee
shall make a request in writing to his/her supervisor not
than two weeks in advance of the date his/her vacation is
commence. Such advance shall cover only the pay period or
pay periods falling within the employee's vacation
less
to
17.07
Total earnings in this section shall
received by an employee but does not
(a) previously paid vacation pay
(b) money paid on behalf of the employee
(OEIP, LTD, Life, EHC)
to
include
include
insurance plans
17.06
all money
The prorating of vacation entitlement as outlined in
Articles 17.03 and 17,04 shall not result in an employee
being entitled to less than two weeks vacation in any year
17
05
An employee's vacation and vacation pay entitlement shall
be based upon continuous service performed for the Employer
during the previous vacation year, in accordance with
the provisions of this Article
17
04
The vacation and vacation pay entitlement of an employee
has been absent from work without pay for a period in
excess of one month during the vacation year shall be
prorated on the basis of actual time on the payroll during
which he/she is in receipt of remuneration frorn the
Employer
17.03
who
(f) Every employee who does not otherwise qualify under the
provisions of this section, shall be paid in accordance
with "The Employment Standards Act."
(e) Where at December 31st, an employee has completed twenty-
five years of continuous service, he/she shall receive five
weeks vacation. Vacation pay shall be calculated on the
basis of the employee's regular straight time hourly rate
of pay. Vacation pay for (c) (d) and (e) shall be based
on his/her normal work week and his/her ¡'egular rate of
pay, but shall not include overtime or other increments.
(*A.I.B. roll-back - 5 weeks after 25 years not in effect
see "Letter of Understancdng")
(d) Where at December 31st, an err~loyee has completed twelve
(12) yeal's of continuous sel'vice, he/she shall receive
foul' (4) weeks vacation, in the following vacation year.
(*A.I.B. roll-back - 4 weeks after 15 years - see "Letter
of Understanding")
(c) Where at December 31st, an employee has completed four
(4) years of 'continuous service, he/she shall J:'eceive three
(3) weeks vacation in the following vacation year.
(*A.I.B. roll-back - 3 weeks aftel"5 years - see "Letter
of Understanding")
(b) Where at December 31st in any year, an employee has
completed one year continuous service, he/she shall receive two
(2) weeks vacation in the following vacation year. Vacation
pay shall be calculated at foux' (4%) per cent of total earnings
during the twelve months immediately preceding December 31st
or two weeks' regular pay, whichever is the greater
,
-~-_'"o,.~_,.,< --~
page '1.!;5
ARTICLE !,§ SICK LEAVE
18.01 Each employee will be credited with one and one-half
(l);;) days of sick leave at the end of each month of
service.
18.02 An employee shall not be granted any sick leave benefits
until he/she ,has completed 60 calendar days of continuous
service with the Employer. On completion of such service,
the employee shall be credited with sick leave in accordance
with Article 18.01.
18.03 The unused portion of' sick leave credits shall be allowed
to accumulate without any limitation from year to year.
18.04 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 \lorkmen' s Compensation, as awarded
by the Workmen's Compensation Board, he/she may receive
the difference between his/her regular pay and the Board's
award if unused sick leave credits are available for the
purpose. If sl1ch employee is not eligible for Workmen's
Compensation, he/she may receive sick pay to the exten t
that sick pay credits, if any are available.
18.05 Employees whether they qualify or not for sick leave,
from credits acclli~ulated, will endeavour to give two (2)
hours notice of his/her inability to be in on any shift
of work.
18.06 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/her credit. It is understood that this
provision is an endeŒ:,,'cur to eliminai,>2 abuses of sick leave
and is in addition to any othsr disciplinary action which
the Employer may deem fit to invoke. The refusal of the
Employer to pay for the fourth or subsequen"t periods of
sick leave may be the subject of a grievance. Where sick
leave absence has been in excess oî thr8e (3) consecutive
days the employee shall not b" paid"sick leave credits
unless he/she furnishes the Administrsci:or with a Doctor's
certificate or other explanEltions saociC3factory to the
Employer.
18.07 Where an employee having more than five (5 ) years'
consecutive service ceases to be employed by the Home, there
shall be paid to him/her or to his/her personal representative
or failing a personal representative to such other person
as the Employer may determine, an amount computed on the
basis of his/her rate of pay at the date of leaving the
employ of the Home f'or a period equal 'co fifty (50%)
per cent of the value of' his/her sick leave credits, but
the amount shall not exceed six (6) months' pay
j
~
(iii) Such leave of absence
fourteen (14) days
J
(ii)
f'our
shall be for a maximum
No employee shall be given such
occasions in a calendar year
of
leave on more than
(i) A maximum of three employees only will be granted
such leave at one time;
Union Leave will be granted for seminars and conventions
subj ect to the f'ollowing conditions:
21.01
!!8!ICLE
OF ABSE,~
21
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
utilizes 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
UNION LEAVE
20.03
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
employee for legitimate personal reasons
20.01
ARTICLE 20
without pay to any
PERSONAL LEAVE OF ABSENCE
For those employees who have completed their probationary
period with the Employer, in the case of the death of the
employee I s 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
19.02
In the event of the death of a member of an employee's
immediate family, the immediate family being restricted
to mother, father, sister, brother, spouse, common-law
spouse, child, gl'andchild, where the said employee is
attending the funeral or assisting in arrangements for the
funeral, the Employer 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
granting additional time off without pay upon application
by the employee. The benefit of this clause shall be
available only to those employees who have completed their
probationary period with the Employer
r"
,.
!
19.01
ARTICLE 19
- ---
COMP~SSIONAT~EAYE OF ABSENCE
---.~---_.
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Past: 1-76
(iv) Applications for such leave of absence shall be made
'to -tile AdminisJcl'a-tor at least thirty (30) aays 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 Union shall be responsible for the payment of
wages during the period of absence.
21. 02 Employees on leave of absence under this Article shall continu,
to accumulate all rights and privileges under this agreement.
AHTICLE 22 - ìvjAT~ITY LEAVE
22.01 In accordance with the Employment Standards Act, an employee
shall be entitled to seventeen (17) weeks of unpaid leave
of absence for pregnancy and shall not be terminated or
laid off.
Such leave may commence at any time during the eleven weeks
prior to the estimated date of' delivery and may extend
six weeks after the date of delivery.
22.02 An employee may apply for a further leave of' absence and the
Employer may grant such leave for a further period not in
excess of six months, which leave shall not be arbitrarily
withheld.
ARTICLE 23 - UNION BULLETIN BOARD
23.01 The Employer will provide at a location in the Home
designated by the Employer a bulletin board for
exclusive use of the Union, on which bulletin board
the Union may post notices having to do with its official
business only.
AHTICLE 24 - UNIFOHíviS
24.01 Every employee shall be required to wear a uniform during
his/her hours of employment, All en~loyees shall be paid
a uniform allowance of $60.00 per year, which will be paid
quarterly in the amount of $15.00 towards the cost of
purchasing, maintaining, and laundering his/her uniforms.
ARTICLE 2~HEALTH AND WEL~
--
25.01 The Employer agrees to pay 100% 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,
25.02 The Employer agrees to pay fifty (50%) per cent of the
O.hI.B.HoS. plan in respect of pension.
25.03 The Employer agrees to pay 90% of the Blue Cross Extended
Health Plan (;¡aO.OO - $20.00 deductible) for all employees
eligible under the plan who apply for such coverage
I.
ï\
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 aCId :i.f he/she proves satisfactory
he/she will then be confirmed in his/her new classification
If the employee proves unsatisfactory during that time, or
if he/she is unable to perf'orm his/her new duties, he/she
will be returned to his/her former position at his/her
former salary or rate of pay, as well as any other employee
in the bargaining uni i; who ','JaS promo-ted or transferred by
reason of such pla.ci',,;g;
26.06
If an employee j_s tran<,ferred by the Employer from one
department to another on a permanent basis, the
departmental s·eniori ty t!:e employee has accumulated. in
his/her former depar'",,,cni: shall be credited to his/her
depar·tmental seniority in his/her new department
26.05
If no applications to fill such vacancies are received from
employees, or if the '\pplicant or apFlicants 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
26.04
Any successful applicant will be selected within a reasonable
time after such posting and tho 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
26.03
An employee who wishes to 2_pply for any posted vacancy
shall make application in writing on forms supplied by
Employer for the purpose during the period of five (5)
working days mentioned in Article 26.01 and shall set out
his/her qualifications in his/her application. Applicants
will be selected on the basis of qualifications and
experience to perform the work available. In cases
the above considerations are deemed by the Employer
equal as between the applicants and the applicants
capable of performing the work, seniority shall be
determining factor
are
the
where
to be
the
26.02
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
ARTICLE
26.01
POSTING_.Iìlli~ VACANÇ,.!.ES
25.04
26
The Employer shall contribute 50% of the premium cost of
a group life insurance plan on the life of each employee
who is eligible and participates in the plan in the
amount of $5,000.00 for each employee (effective
January 1, 1977)
..Lt',
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~
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I
11
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
i
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32,01
~ICLE
Attached hereto and forming part of this Agreement is
Scheaule "A" relating to job classifications and rates for
all employees subject to the terms of this Agreement.
Accordingly, the increases to the wage rates shall be
retroactive and applied to all employees in the bargaining
unit as of January 1, 1978. Any employees who have been
hired since that date shall be entitled to a pro rata
increase from the date of' their employment. Any employees
as of that date who have since ceased to be employees shall
have the period of' 30 days only from the date of the release
of the Award, in which to claim from the Employer any
adjustment to their wage rate as a result of the Award
32
GENEHAL
31. 01
~I£!dL 31
bmployees who report for work on any shift f'or which they
are scheduled anti 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
JOb CLASSIFICATION
AND
HATES
30.01
REPORTING PAY
AHTICLE 30
The Emµloyer shall be entitled to charge each employee
f'or meals purchased from the Employer and to adjust the
amount thereof' from time to time
29.01
HEALS
ARTICLE
--
29
~~~/Witness D~!y
An employee serving as a juror or who has been subpoenaed as
a witness shall receive the dif'f'erence between h1s or her
jury or witness pay ana his or her regular pay for the lost
time while serving in one of those capacities. A subpoena
or legal notice f'or such duty will be provided to the
Employer in such an instance of jury or witness duty. The
employee shall proviae the Employer proof of' hours engaged
on jury duty or as a witness and proof of payment therefore
28.01
ARTICLE 2,!L=-:!.!@Y....!2.IITY
r'
27
AH~!L.?Z-=¿~_f~RIODS
01
Employees shall be granted one ten (10) minute rest period
in each 11alf shift with such time to be considered time
worked. Employees exceeding the allottea ten (10) minute
period may be subject to disciplinary action
¡
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_m______
THE CORPORATION OF
COUNTY OF ELGIN
(ELGIN~ MANOR)
LONDON AND DISTRICT
SEHVICE WORKEHS' UNION
LOCAL 220
/i'Í e
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"h_
L "'(. CI')
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THE
DATED AND EXECUTED at St. Thomas, Ontario on behalf of the parties
hereto by their duly authorized representatives, this 9 r7£ day
of N<>d¿r>16'£,YI. ,1978.
33.02
In the event of such notification being given within the
time prescribed in clause 33.01, negotiations between the
parties shall begin within fifteen (15) days following
such notification
Except as otherwise provided this Agreement shall become
effective on the 19th day of October 1977 and shall continue
in force until the 19th day of October 1978, 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
33
ð!IT£CLE 33
01
32.04
DURATION
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% of a regular eight (8) hour shift on the higher
rated job
32.03
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
III
32.02
Page 2Q
It is agreed that any appeal by an employee to any e1.ected
representative or any other representative of the Employer
save and expressly provided in this Agreement shall constitute
a breach of 'this Agreement. Violation of this'" clause shall
render an employee liable to discipline
I
_.~..- '+"
gGIN i>iANOR WAGE SCHEDULE
CLASSIFICATION EFFECTIVE STAHT 1 Y¡;;AR 2 YEARS 3 YEARS
R.N.A. and Attendant Jan. 1/78 5.10 5.20 5.30 5.40
NURSES AID Jan'. 1/78 4.75 4.85 4.95 5.05
ADJUVANT,
CRAFT SUPERVISOR,
RECREATION Jan. 1/78 4.95 5.05 5.15 5.25
CHARGE LAUNDRY &
HOUSEKEEPING i.lAID Jan. 1/78 4.95 5.05 5.15 5.30
HOUSEKEEPING, LAUNDRY,
KITCHEN Jan. 1/78 4.50 4.60 4.70 4.80
KITCHEN & DRIVER
MAINTENANCE Jan. 1/78 4.90 5.00 5.10 5.20
FIRST COOK Jan. 1/78 5.00 5.10 5.20 5.30
SECOND COOK Jan. 1/78 4.80 4.90 5.00 5.10
MAINTENANCE Jan. 1/78 5.00 5.10 5.20 5.30
Shift Premium
Employees required to work any shift, the major portion of which
falls between 3:00 p.m. and 8:00 a.m. will be paid $1.55 for
each shift worked.
It is understood between the parties that this does not cover
preferred shifts of work by employees or transfers at the
request of employees but only covers employees required to
work rotating shifts
~,
~~OF UNDERSTANDING
between
THE CORPORATION OF THE COUNTY OF ELGIN,
AT ELGIN MANOR ("Employer")
-and-
LONDON AND DISTRICT SERVICE WORKEHS' UNION,
LOCAL 220, S.E.LU. , A.F.L. , C.LO. , C.L.C.
("Union")
In accordance with a decision of the Anti-Inflation Board released
by letter dated June 9, 1977 and further clarified by letters
August 11, September 19 and September 28, 1977 from the A.I.B.
the parties recognize the following adjustments and implementation
of the Colléctive Agreement (signed January 21, 1977; arbitration
award October 18, 1976) in order to comply with the A.I.B. directive
for a total compensation increase of 8% in the first guideline year,
commencing January 1, 1976, and 6% in the second guideline year,
commencing January 1, 1977:
vaca!l2~~Article 17)
Set aside (not implement) improved vacation programme in 1977
(3 weeks after 4 years service, 4 weeks after 12, 5 weeks after
25) . Continue vacation programme as in previous contract expiring
December 31, 1975.
Uniforms (Article 24)
Set aside (not implement) improved uniform allowance of
$60.00 per year. Continue uniform allowance as in previous
contract expiring December 31, 1975.
Health and Welfare (Article 25)
Set aside (not implement) improved health and welfare programme
100'i'o OHIP, 90% E.H.C. (Blue Cross), Group Life Insurance.
Continue health and welfare programme as in previous contract
expiring December 31, 1975.
Jury/Witness Duty (Article 28.01)
Set aside (not implement) improved witness duty provision.
Continue jury duty provision as in previous contract expiring
December 31, 1975.
Shift Premium (New)
Set aside (not implement) new provision for shift premium allowance
DATED at St
Thomas
FOfi:THE UNION
&-rH
Ontario this'~:':'7'"
day of
ÐCToBB--PZ
-,:J-+d~,,-
1'7
197~Y.
All other articles and provisions of the collective agreement
signed January 21, 1977 not hereby referred to as adjusted shall
remain unchanged and in full effect
See attached wage schedule, implementedåccording to A.I.B.
approval. Employees will be entitled to retroactive settlement
based on the above wage scale and in accordance with the
procedures for payment of such retroactive wages as contained in
the Arbitration Award released October 18, 1976
Wages
~
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2