81-8
r COUNTY OF ELGIN
By-Law No. 81-8
1
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A COLLECTIVE
AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN
AND LONDON AND DISTRICT SERVICE WORKERS' UNION, LOCAL 220,
S.E.I.U., A.F.L., c.I.a., C.L.C., WITH RESPECT TO THE
CORPORATION'S PART-TIME EMPLOYEES AT THE ELGIN MANOR."
WHEREAS the London and District 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 cexcept Supervisor, persons
above the rank of Supervisor, Registered Nurses, Office Staff
and students employed during the school vacation period; and
WHEREAS negotiations have taken place over a period
of time, between the County and the Union, towards establish-
ing 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, i.n 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, 1980 to October 18th, 1981.
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 (hereto attached as Schedule
A) between the County of Elgin and the London and District
Service Workers' Union, Local 220, S.E.I.U., A.F.L., C.I.a.,
C.L.C., setting forth collective bargaining relations, dis-
position 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 21st day of January, 1981-
READ a second time this 21st day of January, 1981.
1
I READ a third time and finally passed this 21st day of January 1981
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G C. Leverton E. Monteith,
Clerk Warden
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AIl part ,time employees of the Employer who· are regularly
employed at the, Elgin Manor at t~he 'l'ownship Qf Southwolc1
for not more than twenty-four hours per week, and students
employed d\1ring the school vaca·tion period, save and
except S\1pervisors, persons ,1bove the rank of S\1pervi sor,
Registered N\1rses, Office Staff, persoJ'ls regularly employed
for more than tvlEmty-fo\1r hours per week
~he'Employer recognizes
Bargaining agent for:
AR'l'ICLE 2
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2:01
UNION RECOGNITION
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the Union as
the
sole Collective
T~e ggneral P1.lJ,pose of this agreeme:lt is to establish
o~derly col1ective bargaining relations between the
Emþloyerand its part time employees at the Elgin Manor
to provide an orderly procedure for the disposition of
gr'ievances a'nd to. define working conditions and terms of
employment for all part time employees ,lho are covered by
the provisions. of this agreement
and
ART ICJÆ1
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1:01
GENERAL
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PURPOSE
NOW THEREFORE THIS
WHEREAS the Union by cert.ificate dated the 30tch day
of September, 1974 is the certified bargaining agent for
employees of the Corporation of the CQUflty 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 Súpervisors, persons above the rank of SupervisOJ~s
Règist~red Nurses, and Office Staff
AGREEMEN'l'
WITNESSETH:
LONDON
UNION,
C.1.0. ,
(Hereinafter called
The Union
AND DISTRICT SERVICE
LOCAL, 220, S. E . 1. U .
C.L.C.
"
WORKERS
A.P.L
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THE CORPORATION OF
(Hereinafter called
with respect
employees at
South'lold
and
THE COUNTY OF ELGIN
"The Employer"
to ·the Corporati
the Elgin Manor,
on's part time
Township of
BE'rWEEN
'l'HIS AGREEMENT mi'lde the /"3Tl1 day of
COLLECTIVE AGREEMENT
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1981
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Refuse
of any
of the
to carry out any term of this agreement in case
labour dispute or condition arising beyond the
Employer
control
Exe:r:cise 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 restrictin9 the'generality of the foregoin9, the
Employer retains the right to generally operate thee Horne
in a manner consistent with the obligations of the Home to
the genera 1 public in the community served
3:04
Hire, discharge, promote, demote, transfer, classify or
discipline employees, provided that a claim of a
discriminatory transfer, '. promotion, demotion, or class-
ification 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 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
3:02
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3:01
Maintain order
The Union acknowledges
of the Employer to:
discipline and efficiency
ARTICLE
3
MANAGEMENT RIGHTS
that it is the exclusive function
The Emp10yer 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 wilx conflict with any of the provisions of this
Agreement
2:04
Both parties agree that there will be no
discrimination, interference, restraint or
exercised or practised with respect to the
activity in the Union, or non-membership of
in the Union, which is hereby recognized ,as
act on the part of the individual concerned, or
exercise by an employee of his/her rights under
collective agreement
intimidation
coercion
membership or
any emploýee
a voluntary
the
this
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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.
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3:06 Reserve the right to limit, prohibit, prevent or othe,rwise
control poli tical ac·ti vity on the Employer I s premises.
ARTICLE 4 - STRIKES AND LOCKOUTS
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4:01 There shall be no strike or lockout so 10ng as this
Collective Agreement cOhtinuesto operate. The word
"strike" and the word "lockout" shall have the meaning
as set forth in the l,abour Relations Act of Ontario.
ARTICLE 5 - UNION RECOGNITION
5:01 The Employer acknowledges the right of the Union to appoint
or ot,herwise elect one Union representative and the Employer
will recognize the said UhiOh representative in all mattGrs
properly prising from time to time under the terms and
during the continuance of this Agreement, including i:he
negotiations for, or renewal of, this Agreement.
5:02 It is agreed that t.he UnioriRepresentative of Local 220,
London and District Service Workers' Union may be present
with the Union representative at his/her request during
any meeting with the Employer.
5:03 The Union acknowledges and agrees that the Union representativ
has regular duties to perform in connection with his or her
employment and all activities of the union represent,ative
will ,be carried on outside regularworking hours unless
otherwise mutuallyagreed or as otherwise provided for under
this Agreement.
5:04 Employees shall be eligible to serve as a Union representative
upon completion of their individual probationary period.
5.: 05 The Union representative and the Employer shall meet once
each month at tirrleS m\1tuallY 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 suhjects
to be discussed.
.
5:06 The Union agrees to supply the Employer with the rrame o·f
the Unioh representative and will keep such information
up to date at all times.
ARTICLE 6 - COMPLAINT PROCEDURE
6:01 1,t is the mutual desire of the parties hereto that' complaints
of part time employees wil1 be adjusted as quickly as
possible, and it is unde,rsModthat a part time employee has
no grievahce unless the complaint has been referred 1:0 his
immediate Supervisor within five (5) working days of the
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commencement of the o'ccurrence causing the complétint
In making the complaint to the Supervisor, ·theemployee
may, if he so requests, be accompanied by the Union
representative.
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6:02 It, is understood that a part time employee has no grievance
until he has first given his immediate Supervisor an
opportunity of adjus·tipg his complaint.
6:03 The part time emplDyee's Supervisor shall give an oral
decision to the complainant ,-;rithin three (3) working days.
ARTIC¡,E 7 - GRIEVANCE PROCEDURE
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7:01 Definition: For the purpose of this Agreement, "Grievancell
-r-'-~-"-.-- . or complaint involving
1S def1ned as a d1spute, claim,
the interpretation, application, administration 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 a part time employee believes that a complaint has not
beensatisfactDrily adjusted, the complaint shall be
reduced to writing on a form approved by the Employer and
be deemed to be a grievance.
7:03 Step I: 'l'he written grievance signed by the employee
shall be presented to his immediate Supervisor within
seven (7 ) working days of the Supervisor's reply to the
complaint. 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.
S·tep 2: In the event the part time employee is not
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satisfied, the aggrieved employee, accompanied by a Union
representative, within three (3) working days of the
Supervisor's reply may refer the grievance to the Administrato
or his designated representative. Should no settlement
satisfactory to the employee be reached within three ( 3)
wörking days, t.he next step in the grievance procedure may
be taken at any time within three (3) working days thereafter.
§tep 3: Failing a satisfactory settlement in Step 2,
the aggrieved employee mi;ty submit his grievi;tnce to the
Employer for discussion at a special meeting of the Union and
the Management Committees. The special meeting shall take
place within ten (IO)calendi;tr days fOllowing the submission
of the grievance to the Employer or at a time mutually
agreed upon in vlriting. 'rhe reply of the Employer shall be
given three (3) working days fOllowing such meeting.
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Step 4: If the grievance is not settled to the
·satisfaction of the employee, . t.hen ,the grievance, maybe
re.ferredto arbitration providing any such notice of appeal
must be filed with the Administrator or his designated
representë<tive, 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 shal1 be calculated exclusive of
Saturday, Sunday, Paid Holiday( s) ,wi·thin 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. I
ARTICLE 8 - ARBITRATION
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8:01 If either party requests that a grievance be submitted to
arbitration, the request shall be in writing addressed to
the o·ther party and shall contain the name of such party I s
nominee to the Board of Arbitration. The other party shall
within ten (10) days thereafter nominate its member to
the Board of Arbitr'ation and the two so nominated sha,Il
endeavour within ten (10) days after their appointment to
agree upon a third person to act as Chairman of the Board of
'Arbitration. If the parties are unable to agree upon a
third person within ten (10) days after their appointment
then a third person shall be appointed by the Office of
Arbitration, Min'istry of Labour.
8:02 (a) No matter may be submitted to arbitration which has
not been properly carried through all previous steps
of the Grievance Procedure within the tÍìne limit in
the manner provided.
(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
8:03 No person shall be selected as an arbitrator who has been
directly involved in attemp-ts to negotiate or settle the
grievance.
8:04 Each of the parties hereto shall pay the expense of their
own nominee and one-half of the fees and the expenses, if
any, of the Chairman
9:03
In the case of such grievance by the Employer, it shal1 be
presented in writing to the Union and the parties shall
within five (5) working days thereafter meet to discuss
such grievance. 'rhe Union shall provide its answer to the
Employe¡:' in writing stating reasons within five (5) working
days of such meeting. Failing sett:lement, the Employor
may submit the grievance to arbitratioh in accordance
with the arbitration provÜ;ions of this ,¡rievance
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In the case of such grievance by the Union it is to be
submitted to the Administrator or his designated representati\
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
designat.ed representative, the grievance may be processed
through Step 3 of the Grievance Procedure and may be
submitted to arbitration 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
9:01
ARTICLE 9 - GRIEVANCES BY EMPLOYER OR UNION
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POLICY GRIEVj\!1CE L
At any stage, of the Complaint or Grievance Procedure,
including arbitration, the parties m~y have the assistance
of the employee or the employees concerned as witnesses
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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 thè 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
öf this
not be
involving the interpretation or application
agreement which has been disposed of hèreunder shall
made the subject pf another grievance
8:07
Proceedings before the arbitrators shall be expedited by
the parties hereto. The decision of the Board of ,Arbi·tration
shall be final and binding on both parties to this agreement.
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The Board or Arbitration shall not have jurisdiction to
álter- 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 Agreemen·t, and shall make a decision
in çonformity with the t:erms of the submission to arbit.r-aU,on,
which means that the Boa,rd shall interpret the actual rights
of the parties to the Agreement
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'...._,..-/ 9:04 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.
9:05 It is understood that no complaint may be treated as a
Policy grievance which is properly the complaint of an
8mployee(s), which complaint shal1 be processed under the
Complaint and Grievance Procedure as provided in Articles
6 and 7.
AR1'ICLE 10 - DISCHARGE CASES
10:01 A claim by a permanent employee that he or she has been
unjustly discharged shal1 be treated as a special grievance,
if a written statement of such special grievance is lodged
by the employee.
10:02 Such special grievance to be considered, must be presented
to the Administrator or his designated representative by the
Union representat.ive within five (5) calendar days after
the employee ceased tò work for the Employer or receipt of
discharge notice, whichever first occurs, otherwise the
same will not be considered.
10:03 A special meeting between the Union Represen·ta.tive and the
Employer's Management COIT@ittee wil1 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.
10:04 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 eguitable 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.
10:05 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 11 - UNION SECURITY
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11: 01 All presen,t part timG Gmployees who are members of the
Union shall remain members in good standing for the duration
of their employment during the term of this Collect.ive
Agreement
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Seniority is defined as the number of days worked with the
Employer and will be acquired when a part time employee
has completed si~ty (60)~alénda~days of 0ork. such
seniority shall date from the commencement of employment.
and will accumulat:e t:hereafter. Part time employees will be
regarded as probationary part timé) employees until they have
acquired seniority as aforesaid and shall have no right to
g'rieve by reason of dismissal
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12:01
ARTICLE 12 - SENIORITY
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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
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The Employer shall provide names. addresses and classificatiol1
of employees as in Article 11:03 and all employees in the
bargaining units at the present time and all new employees
in the future. as well as the names and tgrmi¡,uL dates of
all terminating employees ii~mlMal
The Employer shal1. when remitting such dues.
amount of dues of the employees from whose pay
have been made
list the names,
such deduction~
The Employer agrees to deduct Union Dues during the term of
this Agreemen·t 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 mont,h to, the
Financial Secretary of the LocaL Union. Local 220, London
and District Service Workers' Union
11:04
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
employmen·t for the purpose of informing such part time
employee of the existence of the Union in the Home ,and
of ascertaining whèther 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 thetiJ)\e and pI ace of, ,such intervi..ew. the dl1ration
of which shall not exceed ten (10) minutes. The interview
shal1 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.
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11:03
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All new part ti.me employees covered by this Agreement.
,on completion of their probationary period. may vOlunt:arily
become members of the Union and upon becoming members o.f
the Union shal1 remain members in good standing for the
duration of their employment as a condition of employment
during the term of the Collective Agreement
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12:02 The Employer undertakes to observe seniority of employees
"-,' with regard to promotion, demotion,transfers. lay-offs
'and recalls, provided lohe senior employee possesses the
necessary qualifications and experience to perform the work
available.
12:03 The Employer and the Union recognize that the ability and
efficiency of individual employees govern to a large extent
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the safety and comfort of the residents.
12:04 Seniority lists will be posted on the Union Bulletin Board
and wil1 be revised at least semi-annually according ,to
the records of the Employer. Seniority as postedwil1be
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.
12: 05, The Employer will supply copies of the seniority list to
the Union representative and the Local Union office.
12:06 Employees who are laid off will be retained on the
seniority list for a period of twelve (12) months. If
during that periOd, they are recalled to work, they must
signify their intention to do so within three days . (excluding
Sundays and holidays) of the date of the notice of recall,
and shall, in fact, return to work within a further five
(5) days, or they shall forfeit their claim of 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.
12:07 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 E'Jl1ployee 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.
ARTICLE 13 - LOSS OF SENIORITY
'rhe seniority of a part time employee sha,ll be considered
broken and all rights forfeited, and there is no obligation
on the Employer to re-hire when:
13:01 Employment is terminated for any reason.
13:02 A part time anployee overstays a leave of absence granted
by the Employer without securing an extcnsion of leave.
13:03 A part time employee utilizes a leave of absence for purposes
other than those, for which the leave of absence was gran·ted
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A part time employee must give twohours'notice of his
inability to be on any shift coffiI1\encing after 12:30 p.m.
and before 4:30 p.m. and any shift commencing after 10:30
p.m. and before 12:30 a.m., and in respect of any other
shift at least one hour's notice shall be given, provided,
however, that if there be an emergc'ncy and notice, by
reason of the said emergency, is n()"L given, this requirement
will not be enforced
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The Employer wil1 endeavour to give two hours n01:ice when
cal1ing 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, \ViII not
be enforced.
14
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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
prohibited and so doing by an employee shall be the
of immediate disciplinary action against the employee
an employee accidentally punches a time card of another
employee, the Supervisor shal1 be notified immediately,
otherwise it shall be deemed that such time card was not
punched accidentally
is
subject
If
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 day shall consist of eight
twenty (20) minutes allowed on each eight
lunch with-out 10ss of pay
(8
8)
hours with
hour shift for
14:01
ARTICI,E 14
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HOURS
OF WORK
)
The Employer wil1 give consideration to a part time employee
who is unable to comply with Articles 13:02 and 13:04 due
to circumstances beyond the employee's control
13
08
A part time 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
07
A part time employee is laid off for
of twelve continuous months
13
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a period in
excess
A part time employee is discharged for cause and the
discharge is not reversed through the Grievance Procedure
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A part time employee is absent for three consecutive working
,days without advising the Employer and securing a leave
of absence
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14:07 Part time employees (employees working twenty-four (24)
h01.)rs or less per week on the. average) shall be placed
on a stand-by list. The scheduling of part time employees
from this list shall be made as equitably as possible using
a rotation of call-·in from t.his list so that. all part-time
employees shal1 have an equal opportunity to receive all
part time work.
It is understood that part time employees shall be on
call and called in to replace full time employees who are
off wo~k for paid holidays, vacations, leave of absence
(paid or unpaid), or sickness.
14:08 There will be a minimum, of sixteen (16) hours off when
changing shifts, unless otherwise mutually agreed upon
between the Employer and employee.
ARTICLE 15 - OVERTIME
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15:01 Overtime authorized by the Employer shall be paid at the
rate of time and one-half of the employee's basic straight
time h01.)rly rate for all time worked in excess of eight
(8) hours per day Or forty (40) hours per week.
ARTICLE 16 .. PAID HOLIDAYS
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16:01 All part time employees will be credited with pay computed
at straight time for each of the following paid
holidays:
New Year's Day Civic Holiday
Second Monday of February Labour Day
Good Friday Thanksgiving Day
Easter Monday Christmas Day
Victoria Day Boxing Day
Dominion Day
provided that:
(a) The part time employee has earned wages on at least,
twelve (12) days during the four work weeks immediately
preceding the holiday.
(b), 'I'he part time employee is not absent on the paid holiday
after being sched1.)led to work.
16:02 Part time employees requíred 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
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16:03 It ,is undeq¡tood and agreed that a part time employee,îs
'enti tIed to receive the benef its provided in this Article
for work performed on a Paid Holiday only where the majority
of the hours worked by the employee on his shift fall on
the Paid HOliday.
l\.RTICI,E 17 - VACATION PAY
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17:01 For the purpdse of computing vacation pay entitlement,
the vacation year shall begin on January 1st and end on
the fOllowing December 31st.
17:02 The Employershäll pay the employee an amount equal to
4% of the total wages earned by the employee during the
twelve (12) month period prior to December 31st (2 weeks
off work) .
17:03 Where at December 3ls·t, a part time employee who has
completed 7,800 hours of work (equivalent to 4 years of
. continuous service) shall receive vacation pay calculated
at 6% of the total wages earned during the iwnediately
preceding twelve month period (3 weeks off work).
Where at December 31st, a part time employee who has
completed 15,600 hours of work (equvalent to 8 years of
continuous service) shall receive vacation pay calculated
at 8% of the total wages earned during the immediately
preceding twelve month period (4 weeks off work).
Where at December 31st, a part time'employee who has
completed 27,300 hours of work (equivalent to 14 years
of continuous service) shall receive vacation pay calculated
at 10% of the total wages earned during the immediately
preceding twelve month period (5 weeks off work).
17:04 Vacation pay shall be based on the employee's regular rate
of pay and shall not include overtime or other increments.
17: 05 Every part time employee who does not otherwise qualify
under the provisions of t:hissection shall be paid in
accordance with "The Employrnent Standards Act".
ARTICLE 18 - PERSONAL LEAVE OF ABSENCE
-~......,-_._-~-- ---.--...--.--.----.---..----
18:01 The Employer may grant leave of absence without pay to any
part time employee for legitimate personal reasons.
18:02 Part time employees who are on leave of absence ,,,,ill not be
considered to be laid off and their seni.ority shall continue
toaccumulate duri.ng such absence.
.
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::.'13"....::
ARTICLE 19 - UNION, I,EAVE OF ABSENCE
19:01 Union leave will be granted for seminars and convent,ions
subject to the following conditions:
(i) A maximum of two part time employees only will be
granted such leave at one time;
(ii) No part t.iine employee shall be given such leave on
more than four occasions in a c;alendar year;
(iii)Such leave of absence shall be for a maximum of
fourteen (14) days;
(iv) Applicat,ions for such leave of absence shall be
made to the Administrator at least thirty (30) days
in advance of such leave;
(v) Such leave of absence shall be granted without pay
and, the Union shall be responsible for the paymen·t of
wages during the period of absence.
19:02 Part time employees on leave of absence under this article
shal1 continue to accumulate all rights and privileges
under this Agreement.
AR'I'ICLE 20 - MATERNI'rY LEAVE
20:01 In accordance with the Employment Standards Act, an
employee shall be entitled to seventeen (17) weeks of
unpaid leave of absence for pregnancy and shal1 not be
terminated or laid off.
20:02 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 21 - UNION BULLETIN BOARD
21:01 The Employer will provide at a 10cation in the Home
designated by the Employer a bulletin board for exclusive
use of the Union, on which bul1etin board the Union may
post notices having to do with its official busines,s only.
ARTICLE 22 - PART TIME EMPLOYEES BENEFITS ALLOWANCE
--- - .~--.
22:01 EffectivG January 1, 1979 to c;ompensate for the welfare
benef i ts not granted to t:he part time employees, a benefits
allowance shall be added to the wage rates in each clêJ.ss-
ification for part time employees of 10% (excluding paid
holidays and vacation pay)
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23
:
05
A part time 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 and if he proves satisfactory he
will then be confirmed in his new classification. If the
employee proves unsatisfactory during that time, or if
he is unable to perform his new duties, he will be returned
to his former position at his former salary or rate of pay,
as well as any other employee in the, bargaining unit who
was promoted or transferred by reason of such placing
23
04
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
23:03
Any successful a"plicant 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 un,,11ccessful applicant or applicants that the
position has been filled
Transfers to a full time job vacancy will be first
considered from other full time employees on other shifts
of work who may wish to apply, then from any part time
employee wishing to apply for the resultant full time job
vacancy
23:02
An employee who wishes to applyfor any posted vacancy
shall make application in writing on forms supplied þy
Employer for the purpose during the period oCfive (5)
working days mentioned in Ar·ticle 23: Oland shall setout
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
The Employer will post 2111 joþ vacancies or new jobs
on the Union bulletin board and such notices shall
remain posted for a period of five working days, unless
in the opinion of the Employeran emergency exists that
does not allow sufficient time for the above mentioned
procedure t,o be followed. The notice" shall be posted
on the first day after the vacancy or new job occurs
23
ARTICLE
:
01
,JOB POSTING
-- .....
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-.-'--"-- --,
".<:".'., '". -'-' .
23
--____.-.....---J...._ ._-._-.~.,--,- .~_';...,.....-__.,_._~:.
14
,----!<._"'---~ ....,:,~~~
Nothing in this Agreement shall require the Employer or the
Union to take any action which sha11 be unlawful by reason
of applicable present or future Dominion and/or provincial
Laws, rules and/or regulations.
~
28
AR'l'ICLE 28
--
01
GENERAL
---
Attached hereto and forming part of this Agreement is
Schedule "A" relating to jOb classifications and rab:~s
for all employees subject to the terms of this Agreement
Accordingly, the increases to the wage rates shall be
retroactive and applied to all employeés in the bargaining
unit as of October 19th, 1980. Any employees as of the
retroactive da·te who have since ceased·to be employees shall
have a period of thirty (30) days only from the date of
mailing of notices in which to claim from the Employer any
adjustments to their remuneration payable. Any new employees
hired since the date shall be entitled to pro-rata adjustment
to their remuneration from the date of their employment.
~'he Employer shal1 be responsible for contacting in writing
by mailing notices to their last known addresse~, any
employees who have since ·left its employ. These shall be
mailed within fifteen (15) days of the date of this
settlement copies being sent to the Union
27:01
27
JOB CLASSIFICATION AND
ARTICLE
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 wil1 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
RATES
26:01
ARTICLE 26
--
REPORTING PAY
The Employer shall be entitled to charge eachemployee for
meals purchased from the Employer and to adjust the ,amount
thereof from time to time
25:01
MEAJJS
--
ART ICr,E
Employees shall be granted one ten (10) minute rest period
in each half ·shift wit.h such time to be considered as time
worked. Employees exceeding theallotted ten (10) minute
period may be subject to disciplinary action
25
.
24:01
ARTICLE 24
REST PERIODS
--
15
_.,:----~~,-" ,~,
16
28:02 It is agreed ,chat, any appeal by an employee to any elected
J:epresentative or any other rep¡:'esentative of the Ernployer
save and expressly provided in this Agreement, shall constitut
a breach of this Ágreement.
28:03 Wherever the singular or masculine is used in this Agreement,
it shall be Construed as if the plural or feminine has been
used, where the context so requires.
28:04 Warning or disciplinary notices or letters shall be, removed
from the employee's personal file after 24 months of the
date of such notice of letter.
28:05 Employees who are required by the Employer to work in a
higher rated classification shall be paid for all work
performed at the highest rate of pay given tha't employee's
seniority, for the job into which he/she temporarily
transferred, provided the employee works at least 50% of
a regular eight (8) hour shift on the higher rated job.
ARTICLE 29 - DURATION
29:01 Except as otherwise provided, this Agreement shall become
effective on the 19th day of October, 1980, and shall
continue in force until the 18th day of October 1981,
and from year to year thereafter, unless either party
notifies the other in writing not less thanthir-ty ( 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.
29:02 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.
DATED AND EXECUTED at ST.· THOMAS, Ontario on behalf of the
parties hereto and by their duly authorized representatives,
this I '3,/-1 day of FEBR{.(¡;¡{f¿.!I ' 19810
THE CORPORATION OF THE COUNTY LONDON AND DISTRICT SERVICE
OF ~LGI!::J..J.E.WIN MANOR) WORKERS I. UN~ON, LOCAL 220
"---------
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Employees required to work any shift the major portion of which
faIls between 3:00 p.m. and 8:00 a.m. wil1 be pðid $2.00 (25¢ per
hour) for each shift worked. It is understood between the parties
that this does not coverprefen:ed shifts of work by employees or
t.ransfers at the request of employees, but only covers employees
required to work rotating shifts. This premium shall be
retroactive in effect to October 1~, 1980
Shift Premium
"
Oct.
April
Sept.
It,
5,
6,
1980
1981
1981
$6
6
7
·
·
·
70
95
08
$6
7
7
·
·
·
80
05
18
$6
7
7
·
·
·
95
20
33
Maintenance
Oct.
April
Sept.
1~,
5,
6,
1980
1981
1981
$6
6
6
·
45
70
83
$6
6
6
·
·
56
81
94
$6
6
7
·
·
·
71
96
09
Second Cook
Oct.
April
Sept.
If,
5,
6,
1980
1981
1981
$6
6
7
·
·
·
70
95
08
$6
7
7
·
·
·
80
05
18
$6
7
7
·
·
o
95
20
33
First Cook
Kitchen & Driver
Maintenance
Oct.
April
Sept.
If,
5,
6,
1980
1981
1981
$6
6
6
·
·
·
55
80
93
$6
6
7
·
65
90
03
$6
7
7
·
·
80
05
18
Housekeeping
Kitchen
Oct.
April
Sept.
11,
5,
6,
1980
1981
1981
$6
6
6
·
20
45
58,
$6
6
6
·
·
·
30
55
68
$6
6
6
·
·
45
70
83
,
Charge Laundry &
Housekeeping Maid
Laundry
,
Oct.
April
Sept.
11,
5,
6,
1980
1981
1981
$6
6
7
·
·
·
70
95
08
$6
7
7
·
·
·
80
05
18
$6
7
7
95
20
33
Adjuvant, Craft
Supervisor,
Recreation
Oct.
April
Sept.
If,
5,
6,
1980
1981
1981
$6
6
7
·
·
·
65
90
03
$6
7
7
·
·
75
00
13
$6
7
7
·
·
·
90
15
28
Oct.
April
Sept.
If,
5,
6,
1980
1981
1981
$6.40
6.65
6.78
$6
6
6
·
·
50
75
88
$6
6
7
·
·
·
65
90
03
Nurse Aide
Oct.
April
Sept.
Ij,
5,
6,
1980
1981
1981
$6
7
7
78
03
16
$6
7
7
·
·
88
13
26
$7
7
7
·
·
·
03
28
41
I
R.N.A
CLASSIFICATION
&
Attendant
EFFECTIVE
WAGE SCHEDULE
STAR'!.
220 PAID
SHIFTS
--.-
440 PAID
SHIFTS
.~---._-
~~