2556
III
COUNTY OF ELGIN
By-Law No. 2556
"BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF A COLLECTNE
AGREEMENT..BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN AND
TERRACE LODGE EMPLOYEES' ASSOCIATION."
WHEREAS a majority of the employees of the Terrace
Lodge have become members of the Association, which is an
Association, unaffiliated with any other labour organization,
be it a national or local, and through the Association have
requested the employer to negotiate changes in the Collective
Agreement, and the employer has agreed thereto.
AND WHEREAS the Association is the certified bar-
gaining agent for the employees of the Corporation of the
County of Elgin, at its Terrace Lodge at the Township of
Malahide, save and except Supervisors, persons above the rank
of Supervisor, Registered Nurses, Office Staff and Students.
AND WHEREAS negotiations have taken place, between
the County and the Association, towards establishing orderly
collective bargaining relations and providing an orderly pro-
cedure for the disposition of grievances and defining working
conditions and terms of employment for all employees who are
represented by the Association, in the form of a Collective
Agreement.
AND WHEREAS agreement has now been reached by both
parties on the said procedure, conditions and terms of employ-
ment to be included in an agreement to cover the period
October 19th, 1978 to March 31st, 1980.
NOW THEREFORE it is hereby enacted that the Warden
and Clerk of the County of Elgin be and are hereby empowered
to sign the Collectiv.e Agreement (hereto attached as Schedule
"A") between the County of Elgin and the Terrace Lodge
Employees' Association, setting forth collective'bargaining
relations, disposition of grievances, and to define working
conditions, and terms of employment for all employees of
Terrace Lodge, represented by the said Association.
READ a first time this 22nd day of November, 1978.
REl\D a second time this 22nd day of November, 1978.
READ a third time and finally passed this 22nd day of November, 1978.
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G. C. Leverton, L. R. Carroll,
Clerk. '\!íarden.
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COLLECTIVE AGREEMENT
between
The Corporation
The County of Elgin and Terrace Lodge Employees
Terrace Lodge, Aylmer
Collective Agreement
This agreement made the 20th day of December, 1978
Between:
The CORPORATION OF THE COUNTY OF ELGIN
(hereinafter call the "the Employer")
with respect to the Corporation's
employees at Terrace Lodge, Township
of Malahide
and
TERRACE LODGE EMPLOYEES' (hereinafter
called the Association)
"\rIHEMAS a majority of the employees of the Terrace Lodge
have become members of the Association, which is an Association. un-
affiliated with any other labour organization. be it a national or
local. and through the Association have requested the employer to
enter into a Collective Agreement, and the employer has agreed thereto.
'~EREAS the Association is the certified bargaining agent
for the employees of the Corporation of the County of Elgin at its
Terrace Lodge at the Township. of Malahide. save and except Supervisors..
persons above the rank of Supèrvisor, Registered Nurses. Office Staff.
and students.
NOW TEEEEFORE THIS AGREEI'ijENT WITNESSEl'H:
ARTICLE 1 - GENERAL PURPOSE
1.01 The general pu.rpose of this agreement is to establish orderly
cOllective bargaining relation between the Employer and its employees
at. the Terrace Lodge and to provide an orderly procedure for the
disposition of grievances and to define working conditions and terms
of a~ployment for all employees who are covered by the provisions of
this agreement.
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f"''''^'''''''' ARTICLE 2 - ASSOCIATION RECOGNITION
2.01 The Employer recognizes the Association as the sole Collective
Bargaining Agent for:
All employees of the Employer who are employed at the Terrace Lodge
at the Township of Malahide~ save and except Supervisors~ persons
above the rank of Supervisor~ Registered Nurses~ Office Staff,arid
students.
2.02 (a) The Employer agrees that there shall be no discrimination,
intimidation~ interference~ restraint, or coercion exercised or practised
by the Employer~ by any of its representatives~ with respect to any
person(s) because of membership or non-membership in the Association~
and that membership in the Association by employees who are eligible
to join will not be discouraged.
(b) The Association agrees that there shall be no discrimination,
intimidation~ interference, 'restraint or coercion exercised or practised
upon management representatives of the Employer by any of its members
or representatives~ because of membership or non-membership in the
Association~ and that there shall be no Association activity~ soliciation
for membership or collection of dues and assessments on the Employer's
time and no meetings on the Employer's premises except with the permiss-
ion of the Employer or except as otherwise hereinafter provided.
2~03 The Employer agrees to bargain only with the Association concerning
employees in the Bargaining unit described in Clause 2.01 and the
Ðnployer undertakes that it will not enter into any other agreement with
the said employees either individually or collectively~ which will
conflict with any of the provisions of the Agreement.
ARTICLE 3 - MANAGEMENT RIGHTS
The Association acknowledges that it is the exclusive function of the
Employer to:
3001 Maintain ord8r~ discipline and efficiency.
3.02 Establish and enforce rules and regulations necessary to maintain
order, discipline and efficiency and generally governing the conduct
of the employees~ provided these rules and regulation shall not be
inconsistent with the provisions of this Agreement. It is agreed that
prior to introducing new rules and regulations the Employer will inform
the Association Committee of such rules and regulations.
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3.03 Hîre. dîscharge. promote. demote. transfer. classify or discipline
employees, provided that a claim of a discriminatory transfer, promotion.
demotion, or classification or a claim that a employee has been dis-
charged or disciplined without reasonable cause may be the subject of
a grievance and dealt with as hereinafter provided.
3.04 Exercise any of the rights, powers. functions or authority which
the Employer had prior to the signing of the 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.
3.05 Refuse to carry out any term of this agreement incase of any
labour dispute or condition arising beyond the control of the Employer.
3.06 Reserve the righc to limit, prohibit. prevent or otherwise
control political activity on the Employer's premises.
ARTICLE 4 - STRIKES AND LOCKOUTS
4.01 In view of the orderly procedure established herein for the dis-
position of complaints and grievances, the Employer agrees that it
shall not cause or direct a lockout of the employees covered by this
Agreement or any extension thereof and the Association agrees that
there shall be no strikes or other collective action which will stop
or interfere with the operation of the Home for the duration of this
Agreement or any extension thereof.
4002 Strike includes a cessation of work. a refusal to work or to
continue to work by employees in combination or in concert or in acc-
ordance with a common understanding or a slow down. stoppage, labour
holiday. continuous meecing 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.
4.03 In the event of a strike in breach of this agreement the parties
shall not discuss the grievance allegedly causing such a strike or any
other grievance until such strike is terminated.
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ARTICLE 5 - ASSOCIATION RECOGNITION
5.01 The Employer acknowledges the right of the Association to appoint
or otherwise select an Association Committee composed of not more than
three (3) members and the Employer will recognize the said Committee
in all matters properly arising from time to time under the terms and
during the continuance of this Agreement¡ including the negotiations
for¡ or removal of this Agreement.
5.02 The Employer acknowledges the right of the Association to appoint
or otherwise select three (3) stewards.
5.03 It is agreed that the Association President may be present
with the Association Committee or Stewards at their request during any
meeting with the Employer,
5.04 The Association acknowledges and agrees that members of the
Association Committee and Stewards have regular duties to perform in
connection with their employment and all activities of members of the
Association and Stewards will be carried on outside regular werking
hours unless otherv,ise mutually agreed or as otherwise provided for
under this Agreement.
5.05 Employees shall be eligible to serve as Stewards or members of
the Association Committee upon completion of their individual pro-
bationary period.
5.06 The Association Committee and the Employer shall meet once each
month at times mutually agreed upon¡ providing there is business for
their joint consideration. Necessity for a meeting will be indicated
by letter from either party to the other party, containing an agenda
of the subjects to be discussed.
5.07 The Association agrees to supply the Employer with the names of
the Stewards and Association Committee members and will keep such list
up to date at alltimos.
ARTICLE 6 - COMPLAINT PROCEDURE
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 Supervisor within five (5) working days of the
commencement of the occurrence causing the complaint. In making the
complaint to his/her Supervisor, the employee may¡ if her/she so
requests, be accompanied by his/her Steward.
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6.02 It is understood that an employee has no grievance until he/she
has first given his/her immediate Supervisor an opportunity of adjusting
his/her complaint.
6,03 The employee's Supervisor shall give an oral decision to the
complainant within three (3) working days.
ARTICLE 7 - GRIEVANCE PROCEDURE
7.01 Definition:
For the purpose of this Agreement, "Grievance" is defined as a dispute,
claim, or complaint involving the intorpretation, application, admin-
istration or alleged violation of the Agreement including any question
as to whether a matter is arbitrable.
7.02 Procedure:
The grievance procedure shall be as follows: If an employee believes
that a complaint has not been satisfactorily adjusted, the complaint
shall be reduced to wri ting , on a form approved by the Employer and
shall be deemed to be a grievance.
7.03 Step 1: The written grievance signed by the employee shall be
presented to his/her immediate Supervisor within five (5) working days
of the Supervisor's reply to the complaint. The Steward of the aggrieved
employee may, at the request of the grievor, be present when the grievance
is presented to the immediate Supervisor. The Supervisor shall give
his answer in writing within three (3) working days following receipt
of such grievance.
Step :2: In the event the employee is not satisfied the aggrieved
employee, accompanied by an Association Representative, within five (5)
working days of the Supervisor's reply may refer the grievance to the
Director or his designated representative. Should nO settlement
satisfactory to the employee be reached within three (3) working days,
the neXG step in the grievance procedure may be taken at any time with-
in three (3) working days thereafter.
Step 3: Failing a satisfactory settlement in Step 2, the Aggrieved
employee may submit his/her grievance to the Employer for discussion
at a special meeting of .thE> Association and the ~ljanagement 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 wr~~ing. The reply of the Employer shall be
given i~thin threo (3) working days following such meeting.
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Step 4: 1£ the grievance is not settled to the satisfaction
o£ the employee, then the grievance may be re£e~red to arbitration
providing any such notice o£ appeal must be filed with the Director
or,_his designated representative, within ten (10) calendar days of the
reply of the Employer under Step 3.
7.04 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.
7.05 Any time limits referred to as working days in the Complaint or
Grievance Procedure, or any subsection thereof, within which any
procedure is required to be taken or notice is required to be given shall
be calculated exclusive of any calendar Sunday, Paid Holiday within the
meaning of this agreement and any day on which the employee concerned
is not working as the result of a regularly scheduled day off.
ARTICLE 8 - GRIEVANCES BY EMPLOYER OR ASSOCIATION
(POLICY GRIEVANCE)
8.01 Any differences arising directly between the Employer and the
Association may be submitted in writing by either party and dealt with
as a grievance in the following manner.
8~02 In the case of such grievance by the Association it is to be
submitted to the Director or his designated respresentative who shall
provide a written answer within five (5) working days after receipt
of the decision of the Director or his designated rep~esentative,
the grievance may be processed through Step 3 of the Grievånce Procedure
and may be submitted to arbitration in accordance with the arbitration
provisions of this Agreement.
S.03 In the case of such grievance by the Employer, it shall be
presented in writing to the Association and the parties shall within
five (5) working days thereafter meet to discuss such grievance. The
Association shall provide its answer to the Employer in writing stating
reasons withing five (5) working days of such meeting. Failing settle-
ment, the Employer may submit the grievance to arbitration in accordance
with the arbitrations provisions of this Agraoment.
8004 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.
8.05 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.
ARrICLE 9 - DISCHARGE CASES
9.01 A claim by a permanent employee that he or she has been unjustly
discharged shall be treated as a special grievance, if a written state-
ment of such special grievance is lodged by the employee.
9.02 Such special grievance to be considered, must be presented to the
Director or his designated representative by a member of the Association
Committee within five (5) calendar days after the employee ceased to
work for the Home or receipt of discharge notice, whichever first occurs,
otherwise the same will not be considered.
9.03 A special meeting between the Association Committee 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.
9.04 Such special grievance may be settled by confirming the Employer's
action in dismissing the employee or by reinstating the employee with
or without compensation, or with or without loss of seniority, or in
such other manner as is deemed just and equitable in the opinion of
the conferring parties. Back pay awards shall,not, however, exceed
the amount which the employee would normally have earned, calculated
I on straight time during his normal work schedule, less any money earned
in other employment.
9.05 Failing settlement of such special grievance under the foregoing
procedure, the grievance may be referred to arbitration within seven (7)
calendar days of the reply of the Employer for final and binding
settlement upon the parties.
ARTICLE 10 - ASSOCIATION SECURITY
10.01 All present employees who are members of the Association shall
remain members in good standing for the duration of their employment
during the term of this Collective Agreement.
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~O.O2 Each new emp~oyec sha~~ bG requïred to sign the dues deduction
authorization form set forth in this Article$ provided$ however $ that
such authorization with respect to new employees shall become effeètive
upon the first regular dues deduction date follewing the first thirty (0)
calendar days after ~le' Emplo~ee'slast date of commencement of employment.
10.03 All new employees covered by this Agreement$ on completion of
their probationary period$ may voluntarily become members of the Associ-
ation and upon becoming members of the Association shall remain in
good standing for the duration of their employment as a condition of
employment during the term of the Collective Agreement.
10.04 The Employer agrees thatan. Association representative shall be
given the opportunity of interviewing each new craployee once upon
completion of said employee's probationary period of empleyment for the
purpose of infonning such emplyee of the existence of the Association
in the Heme and of ascertaining whether the employee desires to become
a member. The Employer shall advise the Association from time to time
as to the names and classification 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
lÈmployer's premises$ in a room designated by the Employer, and the
employee shall report to this room for interview$ during the interview
period.
10.05 The Employer agrees$ upon receipt of written authorization, to
deduct As.sociation 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 Assocation, and to remit
same not later than the 22nd day of the same month to the Association
Treasurer.
ARrrCLE 11 - SENIORITY
11. 01 Seniority is defined as length of continuous service with the
Employer and will be acquired when an employee has completed ninety (90)
calendar days of service, such seniority shall date from the commencement
of employment$ and will accumulate thereafter. Employees will be re-
garded as probationary employees until they have acquired seniority as
above provided $ and shall have no right to grieve by reason of dismissal.
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12. 02 In the case of promotion, demotion, transfer, lay-off and re-call
the employee's relative efficîency, merit, and ability shall be taken
into account in order to provide for an efficient staff of employees.
In cases where the above consideration are deemed by the Employer to
be equal as between two employees and both employees are deemed by the
Employer to be capable of performing the work, seniority shall be the
determining factor.
11. 03 The Employer and the Association recognize that the ability and
efficiency of individual employees govern to a large extent the safety
and comfort of the residents.
11. 04 Seniority lists will be posted on the Association bulletin board
and will be revised 1'1,"(;, 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 må㜠within thirty (30)
days from the first date of posting of each new list.
11. 05 The Employer will supply copies of the Seniority list to the
Chairman of the Association Committee.
1l.06 Employees who are laid off will be retained on the seniority
list for a period of twelve (12) months. If during that period, they
are recalled to work, they must signify their intention to do so within
three days (excluding Sundays and holidays) of the date of the notice
or 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 kno\Vil
address on the records of the Employer.
ARTICLE 12 - LOSS OF SENIORITY
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:
12.01 Employment is terminated for any reason.
12.02 An employee overstays a leave of absence granted by the Employer
without securing an extension of leave.
12.03 An employee utilizes a leave of absence for purposes other than
those for which the leave of absence was granted.
12.04 An employee is absent for three consecutive working days with-
out advising the Employer and securing a leave of absence.
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12.05 An employee is discharged for cause and the discharge is not
reversed through the Grievance Procedure.
12.06 An employee is laid off for a period in excess of twelve con-
tinuous months.
12.07 An employee fails to no"t;ify the Employer ,rdthin three days of
notice of recall following a lay~off (excluding Sundays and holidays)
or fails to return to work withing a further five:days.
12.0B The Employer will give consideration to an employee who is
unable to comply with Articles 12.02 and 12.04 due to circumstances
beyond ther employee's control.
ARTICLE 13 - ¡-¡OURS OF WORK
13.01 The normal work day shall consist of eight (B) hours with
twenty (20) minutes allowed an each eight (B) hour shift for lunch
without loss of pay.
13.02 It is understood that employees may be required to work up to,
and including, seven (7) consecutive days.
13.03 Employees will be given an equitable number of weekends off,
provided, however, that all employees shall be given at least one week-
end off in any five (5) week scheduled period.
13 . 04 The Employer will post schedules one week in advance covering
a five (5) week period and such schedules shäll remain posted for the
duration of the schedule. Subject of 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.,
13.05 Tampering or changing of a posted schedule by any employee will
intitle t;he Employer to take disciplinary action against the employee..
13.06 Punching in or out of another employee's time card is prohibited
and so doing by an employee shall be the subject of immediate dis-
ciplinary 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.
13.07 The E:mployer does not guarantee to provide work for any employee
for regularly assigned hours or for any other hours.
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13.08 An empl.oyee, whether or not he/she qualifies for sick leave pay,
must give two hours' notice of his/her 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 inrespect of
any other shift 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.
ARTICLE 14 - OVERT]]IjE
lL,.Ol 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. Employees
shall be given at least four (~,) hours prior notice before the end
of their re~!larly scheduled shift of such overtime requirement,
except in cases of emergency.
14.02 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.
ARTICLE 15 - PAID HOLIDAYS
15.01 AlI regular employees will be credited with pay computed at
straight time for each of the following paid holidays:
New Year's Day Civic Holiday
Second ]\fjonday in February Labour Day
Good Friday Thanksgiving Day
Easter Monday Christmas Day
Victoria Day Boxing Day
Dominion Day
prt:>vidl;')d" that g
(a) The ßmployee is not absent on the days he/she is scheduled to
work immediately preceeding and following the holiday, or the day
granted in lieu thereof, unless excused because of illness or other
reasonable excuse.
(b) The Employee is not absent on the paid holiday after being
scheduled to work.
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15·02 Employees required to work on a paid holiday shall at the option
of the Employer receive either:
(a) Pay at the rate of time and one-half the employees regula~ pay for
work performed on such holiday, in addi tion to the employee's regular pay.,
or
(b) Pay at the rate of time and one-half the employee's regular rate
for work performed on such holiday, and an alternative day off either
thirty (30) days before or 1xhirty (30) days following the holiday. '"
15.03 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 times his/her regular rate of
pay for all hours worked on the Paid Holiday.
15.04 If one of the Paid Holidays occurs on an employee's regular day
off the employee will receive an extra day off within thirty(30) days
following the holiday, and at a time this is mutually agreed upon
'between the Employer and the Employee.
15.05 If one of the Paid Holidays occurs during an emplòyee's vacation,
the employee will receive an additional day with pay which may be added to
his/her vacation.
15.06 It is understood and agreed that an employee is entitled to receive
the benefits provided in this Article for work performed on a Paid Holiday
only where the majority of the hours worked by the employee on his/her
shift fall on the Paid Holiday.
15·07 Employees will be guaranteed -either Christmas Day of New Year's Day
off. Seniority will govern for preference of such holidays.
ARTICLE 16 - VACATIONS
16.01 For the purpose of computing vacation entitlement, the vacation
year shall 'begin on January 1st and end on the following December 31st
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16.02 Every employee shall be granted an annual vacation with pay
according to his/her credited service as follows.
(a) Where at December 31st, in any year, an employee has completed less
than one year of continuous service, he/she shall receive two weeks
vacation in the following vacation year. Vacation pay shall be
calcul~ed at four (4%) per cent of total wages during the twelve months
immediately preceding December 31st.
(b) Where at December 31st in any year, an employee has completed
one year continuous service, she/he shall receive two (2) weeks vacation
in the following vacation year. Vacation pay shall be calculated at
four (4%) per cent of total wages, during the twelve months immediately
preceding December 31st or two week's regular pay, whichever is the
greater.
(c) Where at December 31st, an employee has completed five (5) years
of continous service, he/she shall receive three (3) weeks vacation in
the following vacation year.
(d) Where at December 31st, an employee has completed twelve (12)
years of continuous service, he/she shall receive four (4) weeks vacation,
in the following vacation year.
(e) Where at December 31st, an employee has completed twenty (20)
years of continuous service, he/she shall receive five (5) weeks vacation,
in the following vacation year.
Vacation pay for (c), (d) , and (e) shall be based on his/her normal
work week and his/her regular rate of pay, but shall not include over-
time or other increments.
(f) Every employee who does not otherwise qualify under the provisions
of the section, shall be :¡laid in accordance with the "Employment
Standards Act".
16.03 The vacation and vacation pay entitlement of an employee who is
absent from work without pay for a period in excess of one month shall
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be calculated on the basis of actual time on the payroll during which
he/she is in receipt of remuneration from the employer.
16.04 An employee's vacation and vacation pay entitlement shall be
based ~pon continuous service performed for the employer during the
previous vacation year, in accordance with the provisions of this
Article.
16.05 The prorating of vacation entitlement as outlines in Articles
16.03 and 16.04 shall not result in an employee being entitled to less than
two weeks vacation in any year.
16.06 Total wages in this section shall include all muney received by an
employee but does not include
(a) Previously paid vacation pay
(b) Money paid on behalf of the employee to insurance plans
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16.07 In order to receive vacation pay in advance, an employee shall
make a request in writing to his/her supervisor not less than two weeks
in advance of the date hiS/her vacation is to commence. Such advance shall
cover only the pay period or pay periods falling withing the employee's
vacation.
ARTICLE 17- SICK LEAVE
17.01 Each employee will be credited with one and one-half (it) days
of sick leave at the end of each month of service.
17.02 An employee shall not be granted any sick leave benefits until
he/she has completed three (3) months' continuous service with the
Employer. Howe:¡¡er, upon completion of three (3) months' service, the
employee shall subject to Clause 17·03 be credited with 4t days sick
leave
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1'7,03 Where a reg'Ular full·-time employee is absent from work for a
period in excess of five (5) working days in a calendar month, -Ghe
sick leave credit referred to in Clause 17.01 shall be as follows:
Working Days Absent Monthly Sick Leave Credit
0-3 H· days
')'+·10 1 day
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1001'·-1701. "~. day
2 2
18 or more 0
Provided, however, that the above provision shall not apply to an
employee:
(a) who does not work his regular shift because of emergency or
other conditions beyond the control of the employee, or has been re-
quested by his Supervisor to. work different hours,
(b) who is on vacation,
(c) who is on a Paid Holiday,
The above provisions shall, however, apply to an anployee:
(a) who is absent because of illness or injury,
(b) who is ab.sent. without leave,
(c) who is absent without pay. 6
17.04 The unused portion of sick leave credits in anyone year shall
be allowed to accumulate without any limitation.
17.05 When an employee is absent as a result of an accident, while
at work or illness inherent to occupation, and as a result is ro.,..
ceiving Workmen's Compensation, as awarded by tho Workmen's Compensation
Board, he may receive the difference between his regular pay and the
Board's award if unused sick leave credits are available for the
purpos e. If such employee is not eligible for Workmen's Compensation,
he may receive sick pay to the extent that sick pay credits, if any,
are available.
17,06 Any employee discharged for cause, whose discharge is not
reversed through subsequent proceedings, shall lose and forfeit all
sick leave credits.
17.07 All employees, whether they qualify or not for sick leave, from
credits accumulated, must give two hours' notice of his inability to be
on any shift co~nencing 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.gnd in respect
of any other shift a'c least one hours' notice shall be given provided,
however, that is there be an emergency and notice, by reason of the
said emergency, if not given, this requirement will not be enforced.
1 '7 , 08 lifter an employee has had three periods of' sick leave of' throo
days or loss eithin a calendar year. the Eraployor may ref'use to pay f'or
the feurth or subsequent period of sick leave. notwithstanding that
the employee has accumulated sick leave to his/her credit. It is under-
stood that this provision is' an endeavour to eliminate abuses of sick
leave and is in addition to any other disciplinary action which the
Employer may deool fit to invoke. c
The refusal of the Employer to pay
for the fourth or subsequent periods of sick leave may be the subj ect
of a grievance. 1Vhere sick leave absence has been in excess of three
~f (~ consecutive days the employee shall not be paid sick leave credits
unless he/she furnishes the Director with a Doctor's certificate or
other explanations satisfactory to the Employer.
17.09 Where an empleyee having more than five (5) years' consecutive
service ceases to be employed by the Home. there shall be paid to him/
II her or to his/her personal representative. or failing a personal
representative to such other person as the Employer may determine. an
'i! amount computed on the basis of his/her rate of pay at the date of
leaving the employ of the Home for a period equal to fifty per cent
(50%) of the value of his/her sick leave credits. but the amount shall
not exceed six (6) months' pay.
ARTICLE 18 - COMPASSIONATE LEAVE OF ABSENCE
18.01 In the event of "the death of a member of an employee's irnnlediate
family being restricted to mother. father. mother-in-law. father-in-law.
sister. brother, spouse, common-la1rJ spouse, child, grandchild, where
the said employee is attending the funeral or assisting in arrangements
for the f'uneral 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 pro-
bationary period with the Employer.
18.02 For those Œnployees who have completed their probationary period
with the Employer, in the case of the death of the employee's 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.
r
ARTICLE 19 - PERSONAL LEAVE OF ABSENCE
19.01 The Employer may grant leave of absence without pay to any
employee for legitimate porsonal reasons.
19,02 Employees who are on leave of absence will not be considered to
0
be laid off and their seniority shall continue to accumulate during
such absence.
19.03 Employoes who are on leave of absence will not engage in gain-
ful Œnployment 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 bo considered as a voluntary quit. This
clauso shall not apply to employees on Association Leave of Absence in
accordance with the provisions of Article 20 of this Agreement.
ARTICLE 20 - ASSOCIATION LEAVE OF ABSENCE
20,01 Association Leave will be granted for seminars and conventions.
subject to the following conditions,
(i) A maxium of three employees only will be granted such leave at
one time;
(ii) Ne employee shall be given such leave on more than four (4)
occasions in a calendar year;
(iii) Such leave of absence shall be for a maximum of fòu.rteen (14)
days;
(iv) Applications for such leave of absence shall be made to the
Director at least thirty (30) days in advance of such loave. which may
be waived by mutual agreement under extenuating circumstances;
(v) Such leave of absence shall be granted ~nthout pay and the
Association shall be responsible for the payment of wages during the
period of absence.
20.02 Employees on leave of absence under this Article shall continue
to accumulate all rights and privileges under this agroement.
j
<
II
A~~TICLE 21 ASSOCIATION
21.01 The Employer agrees to establish a notice board for the use of the
Association for posting of official notice~. All such notices must be
signed by the proper officer of the Association and must be submitted to
the Director or his designated representative for his approval as to
contents.
ARTICLE 22- UNIFO~f,S
22,01 Every employee shall be required to wear a uniform during his/her
hours of employment. All employees shall be paid allowance of $60.00
per year, paid quarterly, provided they have complete their ninety (90)
days of service.
ARTICLE 23 - HEALTH AND WELFARE
23.01 The employer agrees to pay 100% of the billing rate of the
Oñt~~io Health Insurance (OHIP) for all employees eligible under the plan
as covered under this agreement.
23·02 The Employer agrees to pay fifty per cent (50%) of the O.M.E.R.S
plan in respect to pension.
23.03 The Employer agrees to pay fifty percent (50%) of the Blue Cross
Extended Health Plan ($10.00-$20.00 deductible) for all employees
eligible under the plan who apply for such coverage.
ARTICLE 24 - POSTING INITIAL VACANCIES
24.01 The Employer will post all initial vacancies or new jobs on the
Association bulletin boar.d 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
............J uQ"·..... v~~<,;;; VQ.vCl..I.l.1V.)' U.l- Ut:W JUIJ Ut..:t';UL"S
24.02 An employee who wishes to apply for any posted vacancy shall
make application in writing on forms suppl~ed by the Employer for the
purpose during the period of five (5) working days mentioned in Article
24.01 and shall set out his/her qualifications in his/her application.
Applications will be selected on the basis of qualifications and experience
to perform the work available. In cases where the above considerations are
deemed by the Employer to be ~qual as between the applicants and the
applicants are capable of performing the work, seniority shall be the
determining factor.
24.03 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.
24.04 If no applications to fill such vacancies are received from
employees, or if the applicant or applicants 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.
24.05 If an employee is transferred by the Employer from one department
to another on a permanent basis, the departmental seniority the employee
has accumulated in his/her former department shall be credited, to his/her
departmental seniority in his/her new department.
24.06 An employee who is transferred in accordance with the procedure set
forth..in this Article will be placed in the permanent vacancy for trial
period not exceeding forty-five (45) working days and if 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 perform 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 unit who was promoted or transfered by
reason of such placing
ARTICLE 25 REST PERIODS
25.01 Employees will be granted one ten (10) minute rest period in
each half shift with such time to be considered time worked. Employees
exceeding the allotted ten (10) minutes period may be subject to
disciplinary action.
ARTICLE 26 - JURY DUTY
26.01 Jury/Witness
Any employee serving as a juror or who has been subpoenaed as a
witness shall receive the difference between his/her jury or witness
pay and his/herraq~lar pay for the lost time wale serving in one of
thos capacities. A subpoena or legal notice for such duty will be
provided to the Employer in such instance of jury or witness duty
The Employee wir~ provide the Employer proof of hours engaged on
Jury duty or as a witness and proof of payment thereof
If
ARTICLE 27 - MEALS
27.01 The Employer shall be entitled to charge each employee for meals
purchased from the Employer and to adjust the amount thereof from
time to time.
ARTICLE 28 - FRINGE BENEFIT BONUS
(PART TII'iIE EMPLOYEES ONLY)
28.01 The &aployer agrees to pay the part time employee in the first
pay of each year a bonus in lieu of Health and Welfare Benefits and a
Uniform Allowance~ an amount calculated on the actual hours worked by
the employee during the previous twelve month period~ which amount
shall be determined as follows:
(a) The cost at an hourly rate of the Ontario Health Insurance Plan~
including semi-private coverage~ (single rate coverage) multiplied
by the actual hours worked by the ~1ployee as aforesaid~ plus
(b) One-half the cost at an hourly rate of the Blue Cross Extended
Health Care Plan~ $10.00 - $20.00 deductible~ (single rate) multiplied
by the actual hours worked by the employee as aforesaid~ plus
(c) The sum of ,03Ø an hour in lieu of an uniform allowance.
28.02 Part time Statuatory Holidays in accordance with the Emplo~nent
Standards Act.
ARTICLE 29 - CALL-IN PAY
29.01 Employees required to work~ who work less the three (3) hours
must be paid for a least three (3) hours at minimum wage~ unless
they are hired to work less than three (3) hours a day, or are students
(Example: 3 hours x $3,65)
ARTICLE 30 - JOB CLASSIFICATION AND RNrES
30.01 Attached'hereto and forming part of this Agreement is
Schedule "A" relating to job classifications and rates for all
employees subject to the terms of this Agreement.
ARTICLE 31 - GENERAL
31.01 Nothing in this Agreement shall require the Employer or' the
Association to take any action l!,hich shall be unlawful by reason of
applicable present or future Dominion and/or Provincial laws~ rules
and/or régulations.
.
]l.O2 It is agreed that any appeal by an ffiuployee to any elected
representative or any other representative of the Employer save and
expressly provided in this Agreement shall constitute a breach of
this Agreement. Violation of this clause sh~11 render an employee
liable to discipline.
31. 03 Warning or disciplinary notices or letters shall be removed
from the employee's personal file afGer 24 months of the date of such
notice or letter.
31.04 Employees who are required by the Employer to work in a higher
rated classification shall be paid for all work performed at the
higher rate, provided the employee works at least 50% of a regular
eight ($) hour shift on the higher rated job.
ARTICLE 32 - DUHATION
N.t. 32.01 Except as 0WT'V'i'ise pr.ovided' this Agreement shall b§1come.
qp 19 _ <9£..1:"0 !3t'.a.
~ ,neotiV' on th~ day of _, -1978 =d shall "ntinue in fnroe
.p.- until the 31st day of March, 1980, from year to year thereafter, unless
I. either party notifies the other in writing not less than thirty (0)
days and not more than ninety (90) days prior to the expiry date of
this agreement that it desires to amend or terminate this agreement.
32.02 In the event of such notification being given within the time
prescribed in Clause 32.01, negotiations between the parties shall
begin within fifteen (15) days following such notification.
.
II
SCHEDULE "A
WAGE SCHEDULE
CLASSIFICATION EFFECTIVE START 1 YEAR 2 YEARS '3 YEARS
KITCHEN -
Kitcher¡. Helper Jan. 1/79 5.00 5.10 5.20 5.30
July 8/79 5.05 5.15 5.25 5.35
Jan. 6/80 5..10 5.20 5.30 5.40
NURSING -
Nurse's Aide Jan. 1/79 5.25 5.35 5.45 5.55
July 8/79 5.30 5.40 5.50 5.60
Jan. 6/80 5.35 5.45 5~55 5.65
HOUSEKEEPING -
Housekeeping Helper Jan. 1/79 5.00 5.10 5.20 5.30
JulY 8/79 5.05 5.15 5·25 5.35
Jan. 6/80 ,.10 5.20 5·JO 5.40
MAINTENANCE -
Maintenance Person Jan. 1/79 5,50 5.60 5.70 5.80
July 8/79 5.55 5.65 5·75 5.85
Jan. 6/80 5.60 5.70 5·80 5.90
DA,!'ED AND EXECUTED at Aylmer, Ontario on behalf of
the parties hereto by their duly authorized represent-
atives, this 20th day of December, 1978.
THE CORPORATION OF THE TERRACE LODGE EMPLOYEE
COUNTY OF ELGIN ASSOCIATION
-
A ~ ern tvtCv,u- 1/;,- J/&/YILCIl~
-~
¿ ~..~ ~)
Clerk