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2496 ~"\ i\\ tf r? ';r .;;.--, ..'---···-----1j'--~------ .,-"---.(:.~...-----'-~~;;;.~::.,..."~....-¿~...--"---:---~-_ë'".~,~~""~..,,, ~-.c. ~_ COUNTY OF ELGIN By-Law No. 2496 "BEING A BY-LAW TO AUTHORIZE TIrE EXECUTION OF A COLLECTIVE AGREEMEN'l' BETWEEN 'l'HE CORPORATION OF 'l'HE COUNTY OF' ELQ;IJi AND LONDON ~D DISTRICT BUILDIN~SERVICE WORKERS' UNION, LOCAL 22Q.t-..ê.:E.LU., A.F. of L., C.LO., C.L.C., WITH RESPECT TO THE CORPORATION'S PART-TIME EMPLOYEES AT THE ELGIN MANOR." WHEIIEAS the London and District Building Service Workers' Union, Local 220, by certificate dated September 30th, 1974, is the certified bargaining agent for the employees of Elgin Manor, who are regularly employed for not more than twenty-four hours per week, save and except Supervisor, persons above the rank of Supervisor, Registered Nurses, Office Staff, and students employed during the school vacation period. AND WHEREAS negotiations are presently taking place between the County and the Union, towards establishing orderly collective bargaining relations and providing an orderly procedure for the disposition of grievances and defining working conditions and terms of employment for all part-time employees who are represented by the Union, in the form of a Collective Agreement. AND vJHEREAS in an effort to conclude negotiations quickly, 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 employment, etc. NOW THEREFORE it is hereby enacted that the Warden and Clerk of the County of Elgin be and are hereby empowered to sign the Collective Agreement (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.LO., C.L.C., setting forth collective bargaining relations, disposition of grievances and to define working conditions and terms of employment for all part-time employees of Elgin Manor, represented by the said Union. READ a first time this 14th day of December, 1977. READ a second time this 14th day of December, 1977. READ a third time and finally passed this 14th day of December, 1977 ) Æ1L/7 .....' "/.,' , \ /'/ . ~~ ;.c.-....-.( .-{ /? tYl-L-_ G. C. Leverton, D. K. Cook Deputy Clerk Warden ~:=~_..,-- 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. .II 2.02 All part-time employees of the Employer who are regularly employed at the Elgin Manor at the Township of Southwold for not more than twenty-four hours per week, and students employed during the school vacation period, save and except S~pervisors, perbons above the rank of Supervisor, Registered Nurses, Office Staff, persons regularly employed for more than twenty-four hours per week. The Employer recognizes the Union as the sole Collective Bargaining Agent for: 2. 01 ARTICLE 2 UNION The general purpose of this agreement is to establish orderly collective bargaining relations between the Employer and its part-time employees at the Elgin Manor and to provide an orderly,procedure for the aisposition of grievances and to define working conditions and terms of employment for all part-time employees who are covered by the provisions of this agreement RECOGNITION 1. 01 ARTICLE 1 GENERAL PUHPOSE NOW WHEREAS the Union by certificate dated the 30th day of September, 1974 is the certified bargaining agent for employees of the Corporation of the County of Elgin regularly employed at the Elgin Manor for not more than 24 hours a week, and students employed during the school vacation period, save and except Supervisors, persons above the rank of Supervisors, Registered Nurses, and Office Staff. THEREFORE THIS AGREEMENT WITNESSETH LONDON AND DISTIUCT SERVICE WOHKERS LOCAL 220, S.B.I.U., A.F.L., C.I.O. (hereinafter called "The Union") UNION C.L.C , . -and- THE CORPORATION OF THE COUNTY Of ELGIN (hereinafter called "The Employe~") with respect to the Corporation's part-time employees at the Elgin Manor, Township of Southwold BETWEEN r THIS AGREEMENT made the COLLECTIVE AGREEMENT e A" c- 777' '7- day of ""0 J oS /?? ,,5 ¿-T(. , 1978 -" 5'" ~ L 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 genrality of the foregoing, the Employer retains the right to generally operate the Home in a manner consistent with the obligations of the Horne to the general public in the community served 3.04 3.03 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 Establish and enforce rules and regulations necessary to maintain order, discipline and efficiency and generally governing the conduct of the part-time employees, provided these rules and regulations shall not be inconsistent with the provisions of this agreement. It is agreed that prior to introducing new rules and regulations the Employer will inform the Union Committee of such rules and regulations 3.01 3.02 ll'iaintain order The Union acknowledges that it is the exclusive function of the Employer to: discipline and efficiency ~~NAGEMENT RIGpTS ARTICLE 3 The Employer agrees to bargain only with the Union concerning part-time employees in the bargaining unit described in Clause 2.01 and the Employer undertakes that it will not enter into any other agreement with the said part-time employees either individually or collectively, which will conflict with any of the provisions of this Agreement 2.04 (b) The Union agrees that there shall be no discrimination, intimiaation, 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 an no meetings on the Employer's premises except with the permission of the Employer or except as otherwise hereinafter provided ""^~"' IIJjC. ~ 2. 03 Fage 2 (a) The En~loyer agrees that there shall be no discrimination intimidation, interference, restraint, or coercion exercised or practised by the Employer or by any of its representatives with respect to any person(s) ~ecause of membership or non-membership in the Union, anâ¡that membership in the Union by part-time employees whojare eligible to join will not be discouraged > Employees shall be eligible to sevve as a Union vepvesentative upon completion of theiv individual pvobationavy peviod 5.04 The Union acknowledges and agr'ees that the Union vepvesentativE has vegulav duties to psvfovm in connection with his ov hev employment and all activities of the Union vepvesentative will be cavricd on outside vegulav wovking houvs unless othevwise mutually agreed or as otherwise provided for under this Agreement. 5 .03 It is ag:'ecd. that the Union Representative of Local 220, London a70j, DiGt¡oi.ct Service Workers' Union may be present with the U~ion rc?resentative at his/her request during any mecting with t:he ¡';¡¡¡ployer 5 02 The Employer acknowledges the vight of the Union to appoint or otherwise elect one Union representative and the Employer will recognize the said Union representative in all matters prope:'J.y arisi.ng fvom time to time under the terms and during the co~tinu?Dce of this Ag:'c8ment, including the negotiations for, or rsnc',',T'õll of thi.s t..greement ß!IT!CLE 5 5.01 UNION In the event of a strike in breach of this Agreement the parties shall not discuss the grievance allegedly causing such a strike C~ ~ny oth8r g~ievance until such strike is terminated RECOGNITJON 4.03 Strike includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert ov in accordance with a common understanding or a slow down, stoppage, labour holiday, continuous n¡eeting 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 Resevve the right to limit control political activity STRIKES AND~9CKOUTS prohibit, prevent or otherwise on the Employer's premises I 3 3.05 .06 Refuse to carry out any of any labour dispute or control of the Employev term of this agreement in case condition arising beyond the Page 3 Step 2. In the event the part-time employee is not satis- fië<(¡,>-<the aggrieved employee, accompanied by a Union Representative, within three (3) working days of the Supervisor's r·é'01,y may "'E"ferthe grievance to the Administrator or his designat~~ 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 1. The written grievance signed by the employee shall bë--presented to his immediate Supervisor within seven (7) working days of the Supervisor's reply to the compla1nt. The Union representative 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 7 03 Procedure: The grievance procedure shall be as follows: If -ã"par:t-time employee believes that a complaint has not been satisfactorily adjusted, the complaint shall be reduced to writing on a form approved by the Employer and be deemed to be a grievance 7 .02 Definition: For the purpose of this Agreement, Grievance iš-defiD~d as a dispute, claim, or complaint involving the interpretation, application, administration or a:leged violation of the Agreement including any question as to whether a matter is arbitrable 7.01 " !lli!ICLE 7 GiUEVANCE The part-timss~ploy€efs Supervisor shall decision to the co~plainant within three PROCEDURE ( give an oral 3) working days 6.03 It is understood that a part-time employee has no grievance until he has first given his iroo1ediate Supervisor an opportunity of adjusting his complaint 6.02 It is the mutual desire of the parties hereto that complaints of part-time employees will be adjusted as quickly as possible, and it is understood that a part- time employee has no grievance unless the complaint has been referrsd to his immediate Supervisor within five (5) working days of the commencement of the occurance causing the complaint. In making the complaint to the Supervisor, the employee may, if he so requests, be accompanied by the Union representative 6.01 CO~~AINT_E~ºCED~~ ARTICLE 6 The Union agrees to supply the Employer with the name of' the Union representative and will keep such information up to date at all times I" 5.06 5.05 ~~g~ - The Union representative 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. (b) An arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under this collective agreement, notwithstanding the expiration 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. -, _c. (a) No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. 8 .02 If either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party and shall contain the name of such party's nominee to the Board of Arbitration. The other party shall within ten (10) days thereafter nominate its member to the Board of Arbitration and the two so nominated shall endeavour within ten (10) days after their appointment to agree upon a third person to act as Chairman of the Board of Arbitration. If the parties are unable to agree upon a third person within ten (10) days after their appoin-tment then a third person shall be appointed by the Chairman, Ontario Labour Management Arbitration Commission 8.01 ARTICLE 8 ARBITRATION Any time limits referred to as working days in the Complaint or Grievance Procedure, or any subsection thereof, within which any procedure is required' to 'be taken or notice is required to be given shall be calculated exclusive of Saturday, Sunday, Paid Holiday{s) within, the meaning of this Agreement and any day On which the employee concerned is not working as the result of a regularly scheduled day off. 7.05 No grievance may be submitted to arbitration which has not been properly. carried through all previous steps of the grievance procedure within the specified time limits 7.04 Step 4. If the grievffi1ce is not settled to the satisfaction of the employee, then the grievance may be referred to arbitration providing any such notice of appeal must be filed with the Administrator or his designated representative, within ten (10) calendar days of the reply of the Employer under Step 3 II Step 3. Failing a satisfactory settlement in Step the aggrieved employe", may submit his grievance ·to Employer for discussion at a special meeting of the Union and the Management Committees. The special meeting shall take place within ten (10) calendar days following the submission of the grievance to the Employer or at a time mutually agreed upon in writing. The reply of the Employer shall be given three (3) working days following such meeting pa"ge 2, the r'lí' ," v ,I;" '¿I"~ ,'* ~e'-~~;,:' 8.03 No }.Jer'son sha.ll be selected as an arbitrator who has been directly involved in attempts to negotiate or settle the grievance. 8.04 Each of the parties hereto shall pay the expense of the~r own nom~nee and one-half of the fees and the expenses, if any, of the Chairman. 8.05 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. 8.06 Proceedings before the arbitrators shall be expedited by the parties hereto. The decision of the Board of Arbitration shall be final and binding on both parties to this Agreement. 8.07 Any grievance involving the interpretation or application of this agreement which has been disposed of hereunder shall not be made the subject of another grievance. 8.08 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,_ ~f the parties agree to the use of a single arbitrator then the cost of such arbitrator shall be shared equally by the parties. 8.09 At any stage of the complaint or Grievance Procedure, including arbitration, the parties may have the assistance øf the" empiloyee' or, the. employees concern.edr·as,witnesses. u, ',. ARTICLE 9 ~ GRIEVANCES BY EMPLOYER, OR UNION; ,(POLICY, 'GRIEVANCE) {',; , 9.01 Any'diffe;rence, arising directly.betweep the'Empilpyer and the unìon1involvin,\F the interpretation'.or allegedlviolation of this, Agreement:may' be"subcûitted in:writing:byeither party and, dealt with as acgrievance, in'the'føllowing',. manner. ' , '" 9.02 In the case of such:..grievance"by the ,Union·,it:,is...to.be sub- m,;ttted to. the Administrator or his,.designa,tedrepresentative who shalL'provide a' wri.ttenranswemwithin five (.5)nvorking days afte;r' ·itsc'presentation. Within five (5) working days after receipt of the decision of the Administrator or his designated' representat.ivei,rthe: grievance.may:be,.processed through Step 3 of the Grievahc"!rProcedure and.may,Þe,submitted to arbitration in accordapce with,:the·arbitration, provisions of this Agreement. ~....: ,- c_','." " _ü ).;.. 41 Failing settlement of such special grievance under the foregoing procedure, the grievance may be referred to arbitration within seven (7) calendar days of the reply of the Employer for final and binding settlement upon the parties 10.05 Such special grievance may be settled by confirming Employer's action in dismissing the employee or by reinstating the employee with or without compensation 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 or 10.04 the A special meeting between the Union hepresentative and the Employer's Management Committee will be held within five (5) working days of receipt of such special grievance or at any time mutually agreed upon and 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 the Union representative within five (5) calendar days after the employee ceased to work for the Employer or receipt of discharge notice, m,ichever first occurs, otherwise the same will not be considered 10.02 A claim by a permanent employee that he or she has been unjustly discharged shall be treated as a special grievance, if a written statement of such special grievance is lodged by the employee ARTICLE 10 10.01 DISCHA8QE CASES 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 occurrence causing the Policy Grievance I 9.04 9.03 P:'se 7 In the case of such gI'ievance by the Employer, it shall be presented in writing to the Union and the parties shall within five (5) working days thereafter meet to discuss such grievance. The Union shall provide its answer to the Employer in writing stating reasons within five (5) working days of súch meeting. Failing settlement, the Employer may submit the grievance. to arbitration in accordance with the arbitration provisions of this grievance L"·' .,,~'@g"C:':or:··.:·,:,,:,:':':":'._'" :...._..,...'. i:{:·,::;'~::_:~·.-:-r;,-.~~-'"_~''--. : ,," 'JZ'.:..,.'--,....-~'.',._-c.-,~--'. n__ ----- The Employer shall provide names, addresses and classification~ 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 termiµating employees .. The Employer shall, when remitting such dues, list the names, amount of dues of the employees from whose pay such deductions have been made. 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 part- time 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 Workers' Union 11. 04 11. 05 The Employer agrees that a Union representative shall be given the opportunity of interviewing each new part-time employee once upon completion of sixty (60) work days of employment for the purpose of informing such part- time employee of the existence of the Union in the Home and of ascertaining whether the part-time employee desires to become a member. The Employer shall advise the Union from time to time as to the names of the persons to be inter- viewed and the time and place of such interview, the duration of which shall not exceed ten (10) minutes. The interview shall take place on the Employer's premises in a room designated by the Employer, and the part-time employee shall report to this room for interview, during the interview period All new part-time employees covered by this Agreement, on completion of their probationary period, may voluntarily become members of the Union and upon becoming members of the Union shall remain members in good standing for the duration of their employment as a condition of employment during the term of the Collective Agreement 11. 03 Each new part-time employee shall be required to sign the dues deduction authorization form set forth in this Article provided, however, that such authorization with respect to new employees shall become effective upon the first regular dues deduction date following the first thirty (30) calendar days after the part-time employee's last date of commencement of employment \II 11.02 11. 01 P::ige e. ARTICLE 11 - UNION SECURITY All present part-time employees who are members of the Union shall remain members in good standing for the duration of their employment during the term of this Collective Agreement ~-'.~_:.:~-::-,-;c- 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 -- .... 12.02 Seniority is defined as the number of days worked with the Employer and will be acquired when a part-time employee has completed sixty (60) calendar days of work such seniority shall date from the commencement of employment, and will accumulate thereafter. Part-time employees will be regarded as probationary part-time employees until they have acquired seniority as aforesaid and shall have no right to grieve by reason of dismissal. 12 .01 ~ICLE 12 New employees shall have deductions for Union from the first pay of the month following the (30) calendar days of employment SENIORITY Dues made first thirty 11. 07 WITNESS. . SIGNATURE This authorization shall continue in full force and effect for the duration of my employment in a position covered by the Collective Agreement between the Employer and the London and District Service Workers' Union, Local 220 I hereby authorize and direct the Corporation of the County of Elgin to deduct from my first pay in each month from any earnings 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 fronl time to time. I further authorize you to remit the money so deducted to the London and District Service Workers' Union, Local 220, whose receipt therefore shall constitute a good and sufficient discharge of The Corporation of the County of Elgin for the amount so deducted from my earnings NAME.. . ADDRESS Authorization Carû for Uníon Dues Check Off: THE LONDON AND DISTRICT SERVICE WORKERS UNION LOCAL 220, S.E.I.U Date r" 11 06 The above-mentioned authorization for union dues shall be as follows P...-,~~ S deduction A part-time employee is laid off for a period of twelve continuous months 13.06 in excess A part-tinle employee is discharged for cause and the discharge is not reversed through the GrievanGe Procedure 13.05 A part-time employee is absent for three consecutive working days without advising the Employer and securing a leave of absence 13.04 A part-time employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted 13.03 A part-time employee overstays a leave of absence granted by the Employer without securing an extension of leave 13.01 13.02 Employment The seniority of a part-time employee shall be considered broken and all rights forfeited, and there is no obligation on the Employer to re-hire when: is terminated for any reason LOSS 0Lê.!2.!:!.!9.B.EY ARTICLE 13 In the event the Employer shall hire 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 for all the rights and privileges of seniority. In the event a full-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 nòtice of recall, and shall, in fact, return to work within a further five (5) 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 Emp19yer to the Union will supply copies of the Seniority list representative 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 Employer. Seniority as posted will be deemed to be final and not subject to complaint unless such complaint is made within thirty (30) days from the first date of posting of each new list IIT< ,...'.. 12.04 12.03 .i..-il¥(;:~ The Employer and the Un.ion recognize that the ability and efficiency of individual employees govern to a large extent the safety and comfort of the residents .:,'" ",.'ë'~,....-..,._.".....,__.__".__,_____"..'._'_'._~__ -, ",'~a:;"-':~~tii::::if:ë':;:.,::,.'.'.~:=:;==:,=.o'-_~~,,,,'-,'---_ The part-time employees shall, sign a guaranteed stand-by list, which list shall be for the following two week period Those part-time employees who sign the list are to be prepared to be called to work during the said two week period, regardle: of their respective seniority and will work if called-in. The part-time employees shall rotate their names on this list consecutively such that each part-time employee receives an equal opportunity to be on stand-by. The Employer shall refer to the stand-by list when calling in part-time employees for work and shall not be required to call in a part-time employee with more seniority unless the Employer is unable to obtain a part-time employee from the list 14.07 A part-time employee must give two hours' notice of his inability to be on any shift commencing after 12:30 p.m. and before 4:30 p.m. and any shift commencing after 10:30 p.m. and before 12:30 a.m., and in respect of any other shif"t at least one hour's notice shall be given, provided however, that if there be an emergency and notice, by reason of the said emergency, is not given. this requirement will not be enforced 14.06 The Employer will endeavour to give two hours notice when calling in a part-time employee for any shift provided, however, that if there is an emergency and notice by reason of the said emergency is not given this requirement will not be enforced. 14.05 The Employer does not guarantee to provide work for any part-time employee for regularly assigned hours or for any other hours 14.04 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 against the employee. If an employee accidentally punches a time card of another employee, the Supervisor shall be notified immediately, otherwise it shall be deemed that such time card was not punched accidentally 14.03 It is understood that employees may be required 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 proved otherwise 14.02 The normal work with twenty (20 shift for lunch ) day shall consist of eight (8) minutes allowed on each eight without loss of pay hours (8) hour 14.01 ARTICLE 14 The Employer will give consideration to a part-time employee who is unable to comply with Articles 13.02 and 13.04 due to circumstances beyona the employee's control. HOURS OF WORK '-- r"·· ,"-,.... 13.08 "': 1:;1.0'1 ~:g~ Apal~"(;-time employee "X'ailstonotif'ytt).e Employe}.~wi.tìi.i.n three days of notice of recall following a lay-off (excluding Sunc.ays and holidays) or fails to return to work within a further five days ~''''':;,--- Where at December 31st, a part-time employee who has completed 8,320 hours of work (equivalent to 4 years of continuous service) shall receive vacation pay calculated at 6% of the total wages eE'lrned during the immediately preceding twelve month period. (*A.I.B. roll-back - 6% vacation pay after work (equivå+ent to 5 years of continuous "Lett.er of Understanding") 10400 hours service) - of see . "\. 17 03 The Employer shall pay the employee an amount equal 4% of the totE'll wages earned by the employee during twelve (12) month period prior ·to December 31st to the 17 02 For the purpose of computing vacation pay entitlement, the vacation year shall begin on January 1st and end on the following December 31st 17 ß!ITICLE 17 01 16.03 VACATION PAY It is understood and agreed that a part-time employee is entitled to receive the benefits provided in this Article for work performed on a Paid Holiday only where the majority of the hours worl,ed by the employee on his shift fall on the Paid Holiday Part-time employees required to work on a paid holiday shall be paid at the rate of time and one-half of the employee's regular pay for work performed on such holiday, in addition to the employee's regular pay 16.02 (b) The part-time employee is not absent on the paid after being scheduled to work. holiday (a) The part-time employee has earned twelve (12) days during the four work preceding the holiday wages on at least weeks immediately provided that New Year's Day Second Monday of' Good Friday Easter Monday Victoria Day Dominion Day February Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Effective January 1, 1977 all part-time employees will be credited with pay computed at straight time for each of the following paid holidays: 16.01 ~ICLE 16-=_~~!D HOLIDAYS Overtime authorized by the Employer shall be paid at the rate of time and one-half of the employee's basic stra~ght time hourly rate for E'lll hours worked in excess of 8 hours per dE'lY r'~· t 15.01 'j.'-. ARTI.£b.!::--1J?-=--QY§RTIMI!; Pn8.~ 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 ( v ) Applications for such leave of absence shall be made to the Adrdnistrator at least thirty (30) days in advance of such leave ( iv ) Such leave of fourteen (14) absence shall be for a days maximum of (iii ) No part-time employee shall be given such leave on more than four occasions in a calendar year (ii ) .A n:aximum of granted such two part-time employees only will be leave at one time; ( i) Union Leave will be granted for seminars and conventions subject to the following conditions: 19.01 l~UNION LEðY~-ABSENCE ßETICLE Part-time employees who are on leave of absence will not be considered to be laid oLf and their seniority shall continue to accumulate during such absence 18.02 The Employer may grant leave of absence without pay to any part-time employee for legitimate personal reasons 18.01 ß!IT!~L 18 Every part-time employee who does not otherwise qualify under the provisions of this section shall be paid in accordance with "The Employment Standards Act" PERSONAL LEAVE OF ABSENC~ 17.05 Vacation pay shall be based on the employee's regular rate of pay and shall not include overtime or other increments. 17.04 Where at December 31st, a part-time employee who has completed 52,000 hours of work (equivalent to 25 years of continuous service) shall receive vacation pay calculated at 1070 of the total wages earned during the immediately preceding twelve month period. (*A.I.B. roll-back - 10% vacation pay after 52000 hours of work (equivalent to 25 years of continuous service ) in effect, see "Le·tter of Understanding") not I Where at December 31st, a part-time employee who has completed 24,960 hours of work (equivalent to 12 years of continuous service) shall receive vacation pay calculated at 8% of the total wages earned during the immediately preceding twelve month period. (*A.I.B. roll-back - 8% vacation pay after 31200 hours of work (equivalent to 15 years of continuous service) see "Letter of Understanding") Article 17 Vacation Pay (Con't) ¡J"'-~;e l:J .. ':;"':,;,"".'-;-"', ',:~:,:;;;..:..:L..,_ .,,,,<,'..,,,....','::;::,.:.:'.';, ... . , _- i.:,~ je ':-'! , ,; ,,~ 1 23 22 ",VACANCIES }.AND TRANSFER..., ;::\ - "-' t-/ Ie I':, i.Ol Tl'le Employer. will post,all,.initial;.vacancies' Ol"!'I)ew, jobs on the Union bulletin board and such notices shall remainpos ted c,for.;a"period of fiVe·, (5) ..working dây,s','LU¡¡l'les.s in the opitÜoIJ'of, the ,.Employer an jemergency ex;i.sts ,·that 'do.es noti;allow"sufficient time,f.ovctJ;¡e above-mentioned procecl.ure to be followed. The notices shall be posted on the '," f'i,rst,'day·.aftep th-e, '(a ca·¡;¡cy. on}nèrw,jo,Q,occuvs""',,oI,"'c ,;,; I '1 i' ;.\: l,:.';! \/\:' \. '; J, <.".1(.' .02 A;,part-time'emp],;oye,e. who d'lishes·ctoapply'.foranY',pcrst<!''Ci., vaaancy<shall make application in writing on forms supplied by the Employer for the purpose during the period of five .¿( 5) working däys'ménti,one:d in Article 22.01 and shall set ...... ._" -ot.ifhis'ë¡ü-ã'ï'HiC'äfföi1·S" inq his application. Applicants ,I.' : wi:l·l I'b<¡> ,'s<;¡lecte.d .LOli" , ,the ,,Qasds,ofl.c<qUali,f,iaa.tiòns' and !:,,:us' èxperi·ence· itq.¡;>enform : the. wò.rk äväi,labl,e:.i ¡'",In.. cases ,whère the. aqove cons.·iderät iÖns are, j de emed :,.by nthe: . Employe r,: ,to. '. be, e!:!J;!1¡j.l:;}is , betwe.en., ,tlJ.¡t;ap¡;¡lic:ants: and Ltl1e. a]jJ,p.;i¡icants are capable of performing the work, seniority shall be the ,~"o, "d"'t'e~mh"~'r' """'~,NtQ'r' .'. ü'; ". Å..~'" ....,;:",-:."","'::_~ -I'",i:'~',~¡~l§' ,~:~::':":~:~, _".,'""~. , , ". L 2a.Ol Effeotive OctobEFr, 18. .19'l6',(Arbitrat:Lon Awara), ,to óompensate ".forrthe welfare ",bene£i ts, not ..graQ,tecl. t.o. the part"'IJ;ÌIne· employees, a 'þenef.i ts allowance shall be added to the wage rates in each classification for part-time ,:,":.l] pl()X":~~;():G..;~~~:::&~)(cluding paid holidays and vacation pay). , , EMPLOY£,E5r,BENEl"IT,S 'ALLOWANCE . .--- ~.QLE 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 wi th i to;; off'icial bus iness only , 2.2 ~_BARI=T:rME 21. 01 ARTICLE --- An employee may appíý for a further' leave of absence. and th<¡>&mp:¡'oyer may, grant such leave f·or· a further period not eXcess of six mOnths, whièh leave shall not be arbitrarily withheld 21 UNION BULLETIN BOA!Q!, in 20.02 SuCh leave [¡aycommence .at. ",nY time duping, the prior to the estimated date of delivery and may weeks after the datEF, ,of delivery eleeven weeks extend six In accordance with' the Employment Standards Act, an employee sha be entitled to seventeen (17.) we<¡>ks of' unpaid :i;eave of absence f9r pregn<;>.ncy ",nd .shallnot be. terminated or laid off 20.01 ARTIf.!:!ii_20 V¡ATEHNITY LEAVE ,- '--- Part-time employees on leave of absenc.e under this Article shall continue to accUlnulate all rights and privileges under this Agreement 1IIII1If'.~' .(" 19.02 Article 19 Union Leave oi' Absence (Con t) Employees who report for work on any shift for which they have been called-in and for which they have not been notified not to report will be guaranteed at least four (4) hours pay except in cases of acts of God or any labour dispute or any condition beyond the control of the Employer 26.01 ~TICLE 26 REPORTING The Employer shall be entitled to charge each employee for meals purchased from the Employer and to adjust the amount thereof from time to time PAY 25 01 ARTI£!dL~ MEALS Employees shall be granted one ten (10) minute rest period in each half shift with such time to be considered as time worked. Employees exceeding the allotted ten ' (10) minute period may be subject to disciplinary action 24.01 ~:!lCLE .=-REST PERIODS 24 A part-time employee ."who is transferred in accordance wi th the procedure set forth'in this Article will be placed in the permanent vacancy for a trial period not exceeding forty-five (45) working days and if he proves satisfactory he will then be confirmed in his new classification. If the employee proves unsatisfactory during that time, or if he is unable to perform his new duties, he will be returned to his former position at his former salary or rate of pay, as well as any other employee in the bargaining unit who was promoted or transf'erred by reason of such placing 23.06 If a part-time employee is ·transferred by the Employer from one department to another on a permanent basis, the departmental seniority the employee had accumulated in his former department shall be credited to his departmental seniority in his riew department. 23.05 If no applications from employees or, in the opinion of for such vacancies in any manner it sees to fill such vacancies are received if the applicant or applications are not the Employer, considered to be suitable then the Employer may fill the vacancy fit 23.04 Any successful applicant will be selected within a reasonable time after such posting and the Employer will as soon as the successful applicant has been advised of his selection, notify -the unsuccessful applicant or applicants that the position has been filled. 1f·¡'¡)lW"?<"'<F" .)~:.<!,'r' 23.03 Article 23 Vacancies ancL Transfcr- Con t) ed.::c.:.e l5 In the event of such notification being given within the time prescribed in clause 29.01, negotiations between the parties shall begin within fifteen (15) days following such notification 29.02 Except as otherwise provide~ this Agreement shall become effective on the 19th day of October 1977 and shall continue in force until the 18th 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 29.01 29 - DURATION ,-- ARTICLE 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 28.05 Warning or disciplinary notices or letters shall be removed from the employee's personal file after 24 of the date of such notice of letter months 28.04 Wherever the singular Agreement, it shall be feminine has been used or masculine is used in this construed as if the plural or where the context so requires 28.03 It is agreed that any appeal by an employee to any elected representative or any other representative of the Employer save as expressly provided in this Agreement shall constitute a breach of this Agreement Violation of this clause shall render an employee liable to discipline 28.02 Nothing in this Agreement shall require the Employer or the Union to take any action which shall be unlawful by reason of applicable present or future Dominion and/ or Provincial Laws, rules and/or regulations 28.01 ARTICLE 28 --- GENEHAL Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and rates for all employees subject to the terms of this Agreement 27,02 It is agreed by the En~loyer that the part-time employee shall always be paid the same hourly rate related to his job classification as is a·t that time being paid to the full time employee for the same job classification and seniority. Accordingly, the increases to the wage rates shall be retroactive and applied to all employees in the bargaining unit as of January 1, 1978 II 27 ARTI.Q!,§......27 -=_~ CLASßIFI.CATION 01 A,!,:!D RATES ~'Ð.~.e or <> THE CORPORATION OF THE COUNTY OF ELGIN (ELGIN ~~) /~. .. a /.{i _~_ 'èL .' /)/Li~__ ~~ LONDON AND DISTRICT SERVICE WORKERS' UNION, LOCAL 220, S.B.I.U III DATED AND EXECUTED at St. Tbomas, Ontario on behalf of the parties hereto and by their duly authorized representatives this 9' 77'Z' day ofdòJ"':ß"MÆ, 197'i' '.l-'age .1.7 ~ ¡ I.., , !If? ~E~bE If:!:::.}. '£~.ê§.IE.fE~.I!Q~ ~~-ºTIVE ~:!~ 1 YEAH 3 YEA!!: 3 YEAR --- R.N.A. and January 1, 1978 5.10 5.20 5.30 5.40 ATTENDANT NURSES AIDE January 1, 1978 4.75 4.85 4.95 5.05 ADJUVANT, January 1, 1978 4.95 5.05 5.15 5.25 CRAFT SUPERVISOR CHARGE LAUNDRY & January 1, 1978 4.95 5.05 5.15 5.30 HOUSEKEEPING ¡vIAID HOUSEKEEPING January 1, 1978 4.50 4.60 4.70 4.80 LAUNDRY KITCHEN KITCHEN January 1, 1978 4.90 5.00 5.10 5.20 MAINTENANCE FIRST COOK January 1, 1978 5.00 5.10 5.20 5.30 SECOND COOK January 1, 1978 4.80 4.90 5.00 5.10 MAINTENANCE January 1, 1978 5.00 5.10 5.20 5.30 Shift Premiums 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 such 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 See attached wage schedule, implemented according 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 --- Set aside SHIFT PREMIUM ----- (not implement) NEW) new provisions for shift premium allowance ( Set aside (not implement) Benefits Allowance of 12'/. by Arbitration Board (October 18, 1976). Continue "Fringe Benefits Bonus" as provided in previous expiring February 28, 1976 as awarded previous contract BENEFITS (ARTICL§.-ill PART-TIME Set aside (not implement) improved vacation programme in 1977 (6% after 4 years service, 8% after 12, 10% after 25). Continue vacation progranrrae as in previous contract expiring February 28, 1976 EMPLOYEES ALLOI'IANCE VACATIONS In accordance with a decision of the Anti:"Inflation Board released by letter dated June 9, 1977 and further clarified by letters August 11th, September 19th and september 28th, 1977 from the A.I.B. the parties recognize the following adjustments and implementation of' the Collective Agreement (signed October 25, 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 lARTICLE 17) LONDON AND LOCAL 220, DISTHICT S.E.LU. SEHVICE A.F.L. \'IOHKERS UNION C.I.O., C.L.C ("Union") and THE CORPORATION OF THE COUNTY OF AT ELGIN MANOR ELGIN ("Employer " ) '-" between LETTER OF UNDERSTANDING -------- Letter of Understanding. .Con1t All other articles and provisions of the collective agreement signed ,JÖc/6/'7ð<,:j( <7"" ,197 Ii not hereby referred to as adjusted shall remain unchanged and in full effect. DATED at ST. ThOMAS ONTARIO this 25th day of October 1977 FOR--,!:HE EMPLOYER FOR THE UNION ,---- tJ ~ - , .....--- r