160, 170, 180 &200 chalkfarm drive liuna local 183 …...2.02 the monthly union dues shall be...
TRANSCRIPT
IS AGREEMENT made and entered into this 22nd day of November 2018.
BETWEEN:
ARTICLE 1 - RECOGNITION
GREENBOARD HOLDINGS LTD. 160, 170, 180 &200 Chalkfarm Drive
(hereinafter called the "Employer")
-and-
LIUNA LOCAL 183
OF THE FIRST PART
(hereinafter called the "Union") OF THE SECOND PART
1.0 l The Employer recognizes the Union as the sole collective bargaining agent
of its own employees of Greenboard Holdings Ltd. employed at 160, 170, 180 and 200
Chalkfarm Drive engaged in building cleaning, grounds-keeping save and except
Property Managers, Property Management Office employees, clerical staff and summer
students.
ARTICLE 2 - UNION SECURITY
2.01 The regular monthly Union dues shall, as a condition of employment, be
deducted from and checked-off from the wages of each employee employed in any
position within the bargaining unit described in Article l of this Agreement.
2.02 The monthly Union dues shall be equivalent to one-point eight percent
(1.83) of each employee's gross monthly earnings and the Employers shall make such
deductions from the pay due to the employees and shall forward such deductions to the
Secretary/Treasurer of the Union not later than the fifteenth (151h) day of the month
following the month in which the deductions were made.
2.03 The Employer shall, when forwarding such dues, provide a list for the
Secretary/Treasurer of the Union, listing the names and corresponding Social Insurance
Numbers of the employees from whose pay such deductions have been made.
Greenboard Holding Ltd. [Dec 1, 20 J 8 lo Nov 30, 2021} Page 1
2.04 The Union shall indemnify the Employer from any claim which may arise
from deductions made pursuant to this Article.
2.05 No employee covered by this Collective Agreement, shall as a result of
same suffer and/or incur any loss or reduction in hours, wages or any other benefits
and/or conditions of employment monetary or otherwise for purposes of benefit
coverage, etc.
2.06 (a) No employee covered by this Collective Agreement, shall accept any offer
of work, perform tasks or accept payment or gifts from outside contracts or
third parties. This practice shall be grounds for disciplinary action, up to and
including termination.
(b) No employee covered by this Collective Agreement, shall work, advise
consult or participate in any manner with another Company, organization or
entity involved in Property Management.
{c) All employees covered by this Collective Agreement shall report to
management any outside business activity that may conflict with their
employment, duties or responsibilities. These business activities include:
carrying on business as a contractor, general handyman service, cleaning
service or any other business that may be construed as conflict of interest to
the employer.
2.07 Employee Attendance at Staff Meetings
{a) Where an employee is directed by the Employer to attend a staff meeting,
in-service or a committee meeting during his/her regular working hours, the
employee shall be compensated at his/her regular hourly rate for the time
spent in such attendance (including their lunch and/or break times).
{b) Where an employee is directed by the Employer to attend a staff meeting,
in- service or committee meeting outside of normal working hours, he/she
shall be credited with equivalent time off at his/her basic rate of pay. This
clause shall not cover any meeting called or requested by the Union.
Greenboard Holding Ltd. (Dec I, 2018 to Nov 30, 2021) Page 2
2.08 The Employer agrees to provide the Union upon request an updated list of
employees covered by this Agreement, their classification, employee status and
updated contact information including addresses, phone numbers, etc.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Employer shall have the exclusive functioning option to conduct their
business in all respects in accordance with their commitments and responsibilities,
including the right to:
(a) manage, locate. extend, schedule, curtail or cease maintenance
operations;
{b) determine the number of workers required for any or all operations; judge
the qualification of employees; assign or reassign work-loads of employees;
determine and evaluate the content and functions of all jobs and
classifications; revise work assignments at any time and maintain an
efficient mobile work force with diverse skills;
(c) determine the types and placement of machines, tools, materials and
equipment; and to introduce new or improved systems and equipment;
{d) hire. classify, promote, transfer and lay-off employees and to discharge,
demote and suspend employees, provided that a claim by an employee
that he has been classified, transferred, laid-off, discharged, demoted,
suspended or unjustly treated shall be subject to the provisions of the
Grievance and Arbitration Procedure as set out in Articles 4 and 5 of this
Agreement;
(e) establish, revise from time-to-time, and enforce, reasonable rules of
conduct and procedure for its employees, maintain order, discipline and
efficiency;
3.02 Management will undertake to complete a list of reasonable job
descriptions of all members of the bargaining unit within six (6) months of the completion
Greenboord Holding Ltd. (Dec 1, 2018 lo Nov 30, 2021) Page 3
of re-negotiation of these Collective Agreements. This list will form a part of the Collective
Agreement.
It is agreed that these functions shall not be exercised in a manner
inconsistent with the express provisions and intent of this Agreement.
3.03 Employer Policies
Employer policies shall be communicated and available to the employees
where applicable.
ARTICLE 4 - GRIEVANCE PROCEDURE
4.01 The immediate attention to complaints and grievances is of the utmost
importance. Properly constituted grievances may be processed through the following
procedures:
Within ten (10) working-days after the alleged grievance incident, the
aggrieved may present the grievance to an immediate Supervisor, either
in writing or orally. Should no settlement satisfactory to the aggrieved be
determined within five (5) working-days, the next step of the Grievance
Procedure may be implemented within five (5) working-days following .
The aggrieved, through an authorized Union Representative, may submit
the grievance to an authorized agent of the Employer, in writing; and the
responsible parties shall meet within five (5) working-days following. Should
no settlement, satisfactory to the aggrieved be determined within five (5)
working-days following this meeting, the next step of the Grievance
Procedure may be implemented within five (5) working-days following .
Should no settlement, satisfactory to the aggrieved be determined within
five (5) working-days following, the grievance may be submitted to
arbitration within ten ( 10) working-days following, as provided for in Article
5 - Arbitration.
Greenboard Holding Ltd. (Dec 1, 2018 to Nov30, 2021} Page 4
4.02 Grievances pertaining to alleged violation of hours-of-work, rates-of-pay,
overtime, vacation with pay and other monetary items, may be submitted within three
(3) months of such alleged grievance incident.
Satisfactory judgement of such grievances may be retroactive from the first
day of the grievance incident.
4.03 Employees with less than three (3) months' service (probationary
employees) may submit grievances pertaining only to alleged violations of monetary
matters.
4.04 It is herein agreed that immediately upon expiry of any of the time periods
allowed in any of the Steps of the procedure and with no action being taken, the
grievance is considered abandoned.
ARTICLE 5 ~ ARBITRATION
5.01 Any properly constituted grievance concerning the interpretation,
application, administration or alleged violation of this Agreement, which has been
properly processed through all of the Steps of Article 4, but has not been satisfactorily
settled, may be referred to arbitration.
5.02 There shall be three (3) Official Arbitrators selected to serve during the term
of this Agreement. The first three (3) Arbitrators who are to be mutually agreed upon by
the Employer and the Union, in any grievances presented under this Agreement, shall be
the Official Arbitrators. The said three (3) Official Arbitrators shall be utilized on a rotating
basis. If the Official Arbitrator selected on the rotating basis is not able to arbitrate the
grievance within ten ( l 0) working-days of receiving a Notice to Arbitrate, then the
grievance shall be arbitrated by the next Arbitrator on the rotating basis.
The Official Arbitrator shall hold a hearing within the ( l 0) working-days from
the date of receiving a Notice to Arbitrate.
5.03 During the term of this Agreement, should an Official Arbitrator serve notice
of resignation, the Employer and the Union shall meet within ( 10) working-days of such
notice and agree to appoint a replacement Official Arbitrator. Should the Employer and
Greenboard Holding Ltd. (Dec 1, 20 J 8 to Nov 30, 202 l} Page 5
the Union be unable to agree upon an Official Arbitrator, the Minister of Labour for the
Province of Ontario shall be asked to nominate a replacement Official Arbitrator.
5.04 The Arbitrator shall, upon receiving a Notice to Arbitrate, arrange a hearing
at the earliest date. All concerned parties shall be given a minimum of two (2) full-days'
notice.
5.05 The Arbitrator shall, after hearing all of the evidence and submissions from
all parties concerned, submit a final and binding decision in writing.
Reasons for the decision need not be given at the time of the decision but
shall be provided within a reasonable period of time thereafter.
5.06 The Arbitrator shall be provided with written records containing the details
of the grievance, the section or sections of the Agreement which are alleged to have
been violated and the requested remedy, none of which is subject to change.
5.07 The Arbitrator shall not have the power to alter or change any of the
provisions of this Agreement; or to substitute any new provisions for any existing provisions,
nor to render any decision inconsistent with the terms and provisions of the Agreement.
5.08 Statutory Holidays and Sundays shall be excluded from the times provided
for the various Steps. Time limits may be adjusted, in writing, by agreement of the parties
concerned.
5.09 The Union and the Employer shall equally share any expenses of the
Arbitrator.
ARTICLE 6 - EMPLOYERS' GRIEVANCE AND UNION GRIEVANCES
6.01 The Employer, may submit a grievance to the Union in a manner similar to
the procedure outlined in Article 4 - Grievance Procedure. Should no settlement,
satisfactory to the parties concerned, be determined, such grievances may be
submitted to Arbitration in a manner similar to the procedure defined in Article 5 -
Arbitration.
Green board Holding Ltd. (Dec I, 2018 to Nov 30. 2021) Page 6
6.02 A Union grievance which is defined as an alleged violation of the
Agreement, involving all or a substantial number of employees in the bargaining unit, in
regard to which a substantial number of employees have signified an intention to grieve,
or a grievance involving the Union itself, including the application or interpretation of this
Agreement, may be brought forward at any time in accordance with Article 4 -
Grievance Procedure and, if it is not settled, it may be referred to an Arbitrator in a
manner similar to the procedure outlined in Article 5 - Arbitration.
ARTICLE 7 - APPENDICES OF WAGE RATES, HOURS-OF-WORK, AND SPECIFIC WORKING CONDITIONS
7.01 Attached to this Agreement are appendices which specifically set forth
and define hourly rates, salaries, hours-of-work, job classifications, job
descriptions and working conditions, all of which are an integral part of this
Agreement.
ARTICLE 8 - UNION REPRESENTATION
8.01 Shop Stewards may be appointed as follows:
(a) One (l) Union Steward may be appointed for each building or
complex of buildings having four (4) or more employees who come
within the subject bargaining unit.
(b) Two (2) Union Stewards may be appointed for each building or
complex of buildings having twenty (20) or more employees who
come within the subject bargaining unit.
The Union shall submit to the Employer in writing the names of the Union
Stewards and the building or complexes of buildings in relation to which they have been
appointed Union Steward.
Union Stewards shall, in their specific Job Classification, be the employees
retained the longest in their respective building or complexes of buildings.
8.02 The Union Steward may be present if any discipline is to be given to any
affected employee at the discretion of the Supervisor/Employer.
Greenboord Holding Ltd. {Dec I, 2018 to Nov 30, 2021) Page 7
8.03 A Business Representative shall be required to advise the Employer's
authorized agent of an intended visit and shall provide Union identification after which
the Employer's authorized agent shall grant to the Business Representative access to any
of the subject buildings or complexes of buildings as the case may be. The Business
Representative shall not interfere with the progress of work during such visit.
8.04 No Individual Agreements
(a) No employee shall be compelled to or allowed to enter into any
individual contract or agreement with the Employer concerning the
conditions of employment varying the conditions of employment herein.
(b) Notwithstanding the above, the wage rates outlined in this Agreement are
minimum wage rates and they do not prevent the Employer from paying
a higher wage rate.
8.05 Right to Have Steward Present
An employee, who is subject to disciplinary action (i.e. written reprimands,
suspension or termination} that is to be recorded within the employee's Personnel File,
shall have the right to have a Steward to represent him/her at such meetings.
It shall be the responsibility of the Employer to contact the Steward and if
one is not available the employee being disciplined may request the presence of
another co-worker at such meeting.
A Union Steward, who is subject to discipline, shall have the right to the
presence of a Union Representative or another officially appointed Union Steward.
This provision shall not apply to those discussions that are of an operational nature
and do not involve imposition of disciplinary action.
8.06
(a}
Harassment
All employees hove the right to work in an environment free from sexual
harassment. Sexual harassment will be grounds for the imposition of
discipline pursuant to this Agreement. Where an employee alleges that
sexual harassment has occurred on the job, the employee shall have the
right to grieve under this Agreement.
Greenboard Holding Lid. (Dec I, 2018 to Nov 30, 2021) Page 8
"Sexual harassment" means any unwelcome sexual advances, remarks or
demands for sexual favours of an unwelcome or physical nature, insulting or offensive
comments or conduct of a sexual nature in compliance with Bill 168 and Bill 132
8.07
(b) If an accusation of this nature is proven false, disciplinary action will be
taken and can lead to termination;
(a)
Health and Safety
Employees shall report any work-related accident/injury to his/her
immediate supervisor as soon as it occurs and follow through with all
responsibilities outlined in the Workplace Safety and Insurance Act.
Employees returning from Sick leave must provide a cleared Fitness for Duty
report by a medical practitioner to ensure they are physically able to perform their duties
and maintain their safety at work.
(b) The Employer shall make provisions for the Occupational Health and Safety
of its employees. The Employer agrees to abide by the laws established in
the Province of Ontario with respect to Occupational Health and Safety.
(c) If the Employer is aware of a bed bug infestation, the Employer agrees to
notify employees of such infestation.
(d) The Employer will provide protective clothing, where necessary, for the
employees use.
ARTICLE 9 ~ PRODUCTIVITY
9.01 The Union and the Employer recognize the reciprocal value of improving,
by all proper and reasonable means, the productivity of the individual employee, and
undertake jointly and severally to promote and encourage such improved productivity.
9.02 The Union, during the term of this Agreement, shall not cause picketing or
strikes, and the Employer, during the term of this Agreement, shall not cause a lock-out
of its employees.
Green board Holding Lid. (Dec 1, 2018 to Nov 30, 2021) Page 9
ARTICLE 10 - SENIORITY
10.0 l Seniority is defined as the duration of an employee's service with his or her
present Employer. from the date the employee starts to work, and all things being equal,
shall be the determining factor governing order of lay-off and/or recall.
10.02 Seniority shall operate on a basis of Job Classification and within the
Employer's specific building (which is not part of a complex of buildings referred to in
Schedule "A" hereto, as the same may be amended or added to from time-to-time). or
complex of bulldings as the case may be.
10.03 All new employees shall be considered probationary for the first ninety (90)
calendar days of employment, during which time such employee shall have no seniority
rights.
Any days the probationary employee is scheduled to work and does not
work during the probationary period, shall be added to the probationary period.
l 0.04 Seniority shall be retroactive to the first day of employment . after the
probationary period is completed.
l 0.05 Seniority of employees, who have been laid-off and subsequently rehired,
shall be determined by the actual net time on the Employer's payroll, and subject to all
of the conditions of Article l O - Seniority.
10.06 Any employee who has been off the payroll for a continuous period of eight
(8) months or length of employment, whichever is shorter, shall lose all previously
established seniority rights, and if subsequently rehired, shall be considered as a new
employee.
l 0.07 Authorized leaves of absence, sickness and recognized holiday periods
shall not be deducted from an employee's length of service.
10.08 Seniority shall be discontinued if an employee:
(a) voluntarily terminates employment;
Green board Holding Lid. {Dec 1, 2018 to Nov 30, 2021) Page 10
(b) is discharged for reasonable cause and is not reinstated through the
Grievance and Arbitration Procedure;
(c) is absent from work for three (3) consecutive working-days without
proper notice to the Employer; and does not, subsequently, provide
a reason acceptable to the Employer;
(d) fails to report for work within five (5) days after recall by the Employer:
(e) fails to return to work upon termination of an authorized leave of
absence unless a reason satisfactory to the Company is given for
failure to return to work as scheduled. The onus of providing proof is
with the employee;
(f) utilizes an absence for purposes other than those for which the leave
of absence was granted.
ARTICLE 11 - BEREAVEMENT LEAVE
11.01 Bereavement leave of three (3) days with pay shall be granted by the
Employer to an employee subsequent to the death of a parent, spouse, child, brother,
sister, grandmother, grandfather, grandchild, stepmother, stepfather, stepsister,
stepbrother, parent-in-law, aunt or uncle.
Aunt and uncle are limited to two (2) bereavements per year. For
bereavement leave outside of Ontario, employees are allowed to take two (2) additional
unpaid days.
11.02 The Employer may, at its discretion, grant to an employee, a further period
of leave without pay.
11.03 The Employer may request acceptable proof of bereavement prior to any
payment under Article l l .
Greenboard Ho/ding Ltd. (Dec 1, 2018 to Nov 30, 2021) Page 11
ARTICLE 12 ~STATUTORY HOLIDAYS
12.01 The following Statutory Holidays shall be recognized:
*
New Year's Day Family Day Good Friday Victoria Day Canada Day
Labour Day Thanksgiving Day Christmas Day Boxing Day Civic Holiday Three (3) Floating Days*
Floating Holiday to be taken with thirty (30} days' notice or added to the
employee's annual vacation.
* Qualifier: Floating Days must be requested at least one ( 1} week in
advance and must receive management's written approval.
12.02 The employee must have worked the regular scheduled shift of each of the
working-days immediately preceding and immediately following each of the noted
holidays before qualifying for holiday pay for any of the noted Statutory Holidays. The
noted requirements are not mandatory if an employee is prevented from working by
illness or any other reason acceptable to the Employer.
12.03 Hourly-paid employees shall receive holiday pay equal to a normal day's
pay or equivalent calculated at the employee's regular hourly rate. Salaried employees
shall receive holiday pay equal to their wage for a single working-day calculated on the
basis of the employee's salary. In effect, salaried employees' regular wages shall have
no deductions in the event the employee does not work on the holiday.
12.04 An employee required by an Employer to work any of the above-noted Statutory
Holidays shall be paid as follows:
(a) Hourly-paid employee: at the rate of one and one-half ( l 1h) times
the employee's regular hourly wage for each hour worked;
(b) Salaried employee: at the rate of one and one-half (11h) times the
employee's regular daily wage;
in addition to receiving the specifically defined holiday pay.
Greenboard Holding Ltd. {Dec I, 2018 to Nov 30, 2021) Page 12
ARTICLE 13 ·VACATION PAY
13.01 Vacation Pay shall be predicated on the length of employment with his or
her present Employer, in accordance with the following:
(a) Employees with less than one (1) year's employment shall receive Vacation
Pay equal to four percent (43) of their total gross wages earned.
{b) Hourly-paid employees with one (1) year or more, but less than four (4) years'
employment, shall receive Vacation Pay equal to five percent (53) of their
total gross wages earned.
Salaried employees with one (1) year or more, but less than four (4) years'
employment, shall receive Vacation Pay equal to two and one-half (21h)
weeks' salary;
(c) Hourly-paid employees with four (4) years' or more, but less than eight (8)
years employment, shall receive Vacation Pay equal to six percent (63) of
their total gross wages earned.
Salaried employees with four (4) years' or more employment, but less than
eight (8) years' employment, shall receive Vacation Pay equal to three (3)
weeks' salary.
(d) Hourly-paid employees with eight (8) years' or more employment shall
receive Vacation Pay equal to eight percent (83) of their total gross wages
earned.
Salaried employees with eight (8) years' or more employment shall receive
Vacation Pay equal to four (4) weeks salary.
13.02 Vacation periods shall be scheduled by mutual consent of the Employer and
employees.
13.03 Vacation periods are limited to a maximum of five (5) weeks per calendar
year.
Greenboord Holding Ltd. (Dec J, 20 J 8 to Nov 30, 202 J) Page 13
l 3.04 An employee requiring a Leave of Absence from work, without pay, shall
request the same in writing from the Employer at least three (3) months in advance of the
intended Leave of Absence (except in the case of emergency). Management shall
review the request and give its decision in a timely fashion.
13.05 (a) Hourly-paid employees' Vacation Pay shall be submitted to them on the
pay period following July l st of each calendar year following the date of
the employee's initial employment.
(b) A salaried employee's Vacation Pay shall be paid on the pay-day
immediately preceding the date of the commencement of the salaried
employee's vacation unless the said vacation is to commence at a time
other than during the balance of the week following the pay-day in which
event the Vacation Pay shall be paid in the next pay-day following the
employee's return to work after his vacation.
ARTICLE 14 - WELFARE AND PENSION
14.01 The Employer shall contribute to Local 183 Industrial Benefit Trust Fund as
follows for the purpose of purchasing benefits under Plan "A".
Effective December 1, 2018 ~ $265.00 per month per employee;
Effective December 1, 2019 ~ $275.00 per month per employee;
Effective December 1, 2020 ~ $285.00 per month per employee;
plus applicable taxes, jointly administered by an equal number of Employer and Union
Trustees, for the employees covered by this Agreement represented by LIUNA Local 183.
(a) No contribution shall be made for the month of hire of new employees.
(b) Contribution shall be made for the month of recall of recalled employees.
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(c) New Hires after the date of Ratification shall be eligible for
pension contributions once they have completed the probationary
period.
(d) Employees who are scheduled for more than twenty (20) hours per
week are eligible for benefits.
14.02 The Employer shall contribute to the Labourers' Pension Fund of Central and
Eastern Canada as follows:
Two dollars and fifteen five cents ($2.15) per employee per hour
* effective December 1, 2018;
Two dollars and twenty cents {$2.20) per employee per hour
* effective December 1, 2019;
Two dollars and twenty-five cents ($2.25) per employee per hour
* effective December 1, 2020;
* N.B. This is to be a flat contribution of 150 hours per employee per month.
The same qualification concerning new and recalled employees specified
under Article 14.01 above shall apply.
14.03 The Employer shall remit the contributions referred to in Articles 14.01 and
14.02 no later than the fifteenth ( l 51h) day of the month following the month for which the
contributions were made.
ARTICLE 15 - PAYMENT OF WAGES
15.01 Wages shall be paid by direct deposit to each employee. The Employer
shall provide with the wages a statement which defines hours worked, overtime hours,
hourly rate (where applicable), deductions for Income Tax, Employment Insurance and
Canada Pension.
Greenboord Holding Ltd. {Dec 1, 2018 to Nov 30, 2021) Page 15
If an Employer intends to change the payroll system, two (2) months' notice
will be given prior to implementation. Employees shall be paid weekly, bi-weekly or semi
monthly whatever the Employer's present practice may be.
15.02 (i)
15.02 (ii)
In the event of an intended lay-off, the affected employee shall
receive notice in accordance with the Employment Standards Act,
with the exception of Resident Superintendents as defined in Article
1.
Article 15.02 (i) does not apply to Resident Superintendents as
defined in Article 1, who shall receive a minimum of fifteen ( 15)
calendar days' notice. If given payment in lieu of notice, the
Resident Superintendent will have seven (7) days to vacate. These
seven (7) days free of charge on the premises will be gratuitous.
15.03 The Employer shall, by the next pay period after discharging an employee,
send by registered mail, to the said employee's last known address on file, all outstanding
documentation, including: Record of Employment and all benefits, including: Vacation
Pay, Statutory Holiday remunerations and accumulated pay.
15.04 The Employer shall, no later than the next regular pay following an
employee's voluntarily terminated employment, send by mail, to the employee's last
known address on file, the said employee's pay cheque.
15.05 Pay Stubs
The Employer agrees to allow the employees access to the office computer
in order to print out his/her pay stub.
ARTICLE 16 - JURY SERVICE
16.01 Employees who are called to serve as Jurors shall be granted leave of
absence and paid regular wages less pay received for jury duty with wages to be
received for a period not exceeding one ( 1) month .
16.02 Each employee se1ving such jury duty shall be required to provide to the
Employer satisfactory proof of such duty being served.
Greenboard Holding Ltd. (Dec 1, 2018 to Nov 30, 2021) Page 16
ARTICLE 17 - PROTECTIVE CLOTHING
17.01 The Employer will provide protective clothing and safety boots where
necessary, for the employee's use.
17.02 The Employer shall supply five (5) uniforms per year to all employees of
the bargaining unit.
17.03 The Employer shall contribute up to two hundred and fifty dollars ($250.00)
per contract year. The employer to provide a coupon to each employee who has twelve
(12) months service or more who is required by the Employer to wear approved safety
footwear. The employee shall provide the Employer with a receipt of purchase prior to
re-imbursement. The wearing of the safety footwear shall be a condition of
employment.
17.04 The Employer shall provide to any employee who is required to work
outside, his/her own pair of winter overalls, personal winter coat, winter boots and
gloves.
ARTICLE 18 - STAFF CHANGES
18.01 Whenever a vacancy of a permanent nature occurs within the bargaining
unit, the Employer shall post in the place of employment, a notice setting forth details of
such vacancy. Employees applying for such vacancy shall make application to the
Employer, in writing, within two (2) working-days after the noted posting. Applications will
be considered on the basis of the applicants' skills, abilities and qualifications and seniority
shall be the governing factor should applicants be relatively equal in all other respects.
The Employer may fill the vacancy at its discretion, should no applicants be considered
suitable. The Employer may fill the vacancy temporarily, pending the consideration of
employee's applications. The Employer may consider any applicant ineligible should
such applicant have successfully applied under similar procedure, within the six (6)
months preceding the date of posting.
18.02 Employees unable to perform their customary or traditional work, owing to
age or infirmity, shall be given consideration, at the discretion of the Employer, for work
within such employee's capabilities and qualifications.
Greenboard Ho/ding Ltd. (Dec 1, 2018 lo Nov 30, 2021 J Page 17
ARTICLE 19 - LUNCH AND REST PERIODS
19.01 There shall be one (l) paid ten (10) minute rest period for each half (112) shift
worked.
Employees wishing to leave the worksite during a workday on a break must
request same of management in advance of break.
19 .02 There shall be one-half (112) hour unpaid lunch period permitted daily.
ARTICLE 20 - CALL-OUT. REPORTING ALLOWANCE AND OVERTIME
20.01 An hourly-paid employee who:
(a) has completed a regular shift and is requested to continue into overtime
work shall be paid at one and one-half (1112) times his regular rate;
(b) has been called-out to report for work on other than a regular work shift
shall be paid at one and one-half (11h) times the regular hourly rate for each
hour worked.
It being understood that the employee shall be paid a minimum of four (4)
hours' pay for such call out at straight-time rate, whichever is the greater, if that employee
in fact worked or is predisposed by the Employer.
20.02 A salaried employee, resident in the building, who is directed to report to
work on other than the regular scheduled shift sh~ll be paid at one and one-half (1112)
times the regular pro- rated weekly salary. Further, notwithstanding the above, the
Employer and employee concerned may, by mutual agreement, arrange for other time
off in lieu of the above.
ARTICLE 21 - LAY-OFF AND RECALL
21.01 In the event of a lay-off within a classification, employees within the
classification shall be laid-off in the reverse order of their seniority within the classification.
21.02 The Employer shall notify employees who are to be laid- off five (5) working-
days prior to the effective date of lay-off, or award pay in lieu thereof, unless a greater
Green board Holding Ltd. (Dec I, 20 I B to Nov 30, 202 J) Page 18
period of notice is required by legislation, in which case such greater period of notice, or
pay in lieu thereof, shall be given.
21.03 In the event of a recall to a classification, employees who have been laid
off from that classification shall be recalled in the order of their seniority within the
classification provided they have the ability to perform the job following a trial or training
period. The Employer shall give notice of recall by registered mail to the last recorded
address of the employee. The employee shall keep the Employer advised of all times of
his current address by registered mail.
21.04 Laid-off employees who wish to be notified of job vacancies in a
classification other than the classification from which they were laid-off and to which they
would otherwise have no recall rights, may signify their desire in writing prior to lay-off and
shall be entitled to apply for such jobs. A copy of the employee's request shall be given
to the Employer and shall be sent to the Union.
21.05 No new employee shall be hired in a classification until the opportunity of
recall has first been given to those employees to whom Article 21.03 applies and has,
secondly, been given to employees to whom Article 21 .04 applies.
21.06 Union Officers and Stewards shall be the last persons laid-off and the first
persons recalled.
ARTICLE 22 - SICK PAY
22.01 Employees shall be entitled to nine (9) paid sick days per calendar year.
ARTICLE 23 • MISCELLANEOUS
23.01 No employee covered by this Collective Agreement, shall as a result of the
same, receive, suffer or incur any loss or reduction in wages or any other benefits or
conditions of employment, monetary or otherwise.
23.02 The Employer bound by this Collective Agreement shall not be required to
continue to provide benefits which duplicate any of those benefits provided for and
required to be given by this Collective Agreement.
Green board Holding Ltd. (Dec l, 2018 to Nov 30, 202 l) Page 19
ARTICLE 24 ~ DURATION OF AGREEMENT
24.01 This Agreement shall continue in full force and effect from December ist,
2018 to and until November 301h, 2021 inclusive and thereafter shall be automatically
renewed and remain in force from year-to-year from its expiration date unless, within the
period of ninety (90) days before the Agreement ceases to operate, either party gives
notice in writing to the other party of its desire to bargain with a view to the renewal with
or without notifications of the Agreement. On receipt of such notice the parties to the
Agreement shall convene a meeting within fifteen ( 15) days and bargain in good faith
to endeavour to reach an Agreement.
ARTICLE 25 - DISCIPLINE & DISCHARGE
25.01 Personnel File An employee shall have the right to request that any disciplinary action
including, but not limited to, warnings and suspensions be removed from the Personnel
File after twelve (12) months has expired, provided that:
(a) No discipline is received for a period of twelve (12) months;
(b) The misconduct did not involve a violation of law or an issue constituting
breach of trust.
An employee or Union Representative, with the employee's written
authority, shall be entitled to view the employee's Personnel File once every twelve (12)
months and access to the employees Personnel File shall be provided within fourteen ( 14)
calendar days of the request. The viewing of such files shall take place at the Employer's
Human Resources Office.
ARTICLE 26 - RETIREMENT FUND
26.0l The Employer agrees to contribute the amounts set out bellow for each
employee covered by this Agreement and remit into the Local 183 Retiree Benefit Trust
Fund for the purpose of purchasing benefits as contemplated by the Agreement and
Trust establishing the said Retiree Benefit Fund as follows:
Greenboord Holding Ud. {Dec 1, 2018 to Nov 30, 2021} Page 20
Effective December 1, 2018 - $0. l 0 per hour per employee
Effective December 1, 2019 - $0.15 per hour per employee
Effective December 1, 2020 - $0.20 per hour per employee
The Employer shall remit the deducted contributions to the Retiree Benefit
Fund monthly, together with a duly completed Employer's Report Form by the fifteenth
(Jsth) day of the month following the month for which the payment is due.
*N.B. This is to be a flat contribution of 150 hours per employee per month
+"h DATED at Toronto, Ontario, this lL.f day of January 2019.
1 n c..,.
Green board Holding Ltd. (Dec l, 20 J 8 to Nov 30, 2021) Page 21
APPENDIX "A"
I. Resident Superintendents Schedule
*****WILL CONTACT UNION TO NEGOTIATE RATE WHEN THEY FILL IN THE POSITION:
200-249 Suites
Beginner 3 Months l Year 4 Years
250-349 Suites
Beginner 3 Months l Year 4 Years *
350 Suites and Over
Beginner 3 Months l Year 4 Years
Dec_ 1/18
$2,636.50 $2,774.12 $2,914.64 $3,010.25
$2,811.77 $2,952.31 $3,091.39 $3, 188.43
$2,943.62 $3,084.14 $3,217.51 $3,321.72
* The rates of employees with four (4) years' service or more with his or her Employer,
may be increased up to an additional forty dollars ($40.00) per month for merit, as
determined by the Employer.
IL Resident Superintendent and Assistant Superintendent
Work-week shall be from Sunday to Saturday, with the Resident
Superintendent/ Assistant Resident Superintendent getting two (2) days-off from 8:00 a.m.
to 7:59 a.m. the next morning, of which there shall be at least one ( l) weekend-off, i.e.:
Saturday and Sunday, within each four (4) week pay period or monthly pay period as
the case may be. The scheduling of days-off shall be by mutual agreement between
the Employer and the employee.
Green board Holding Ltd. (Dec J, 20 J 8 to Nov 30, 2021) Page 22
Determination of the above shall be by mutual agreement between the
Employer and employee. The full one ( 1) day-off only may be accumulated to a
maximum of two (2) days for any one (1) occurrence.
The above are minimum allowances for time-off which shall not prevent
other arrangements to be made between the Resident Superintendent and the
Employer.
The Employer will undertake a program to familiarize tenants in the buildings
with the rules and regulations pertaining to the working conditions of the Resident
Superintendent.
Determination of work schedule shall be in the absolute discretion of the
Employer.
The Employer will attempt to familiarize owners in the Employer's premises
of the work schedule.
Ill. Common Conditions for All Resident Superintendents
1. One 2-bedroom apartment with telephone and one (1) underground
parking space shall be provided without direct charge; however,
subject to the provisions of The Income Tax Act, as it relates to taxable
benefits; and is included exclusively as part remuneration for the
position of Resident Superintendent.
2.
conditions:
Said 2-bedroom apartment need not be provided under the following
(i) where a given building is without 2-bedroom apartments;
(ii) where alternate office facilities have been provided for the Resident
Superintendent;
(iii) where a precedent for other accommodation has been previously
established.
Green board Holding Ltd. (Dec J, 20 J 8 to Nov 30, 202 J) Page 23
3. An alternate parking space shall be provided if a given building is without
underground parking.
4. A Resident Superintendent's spouse shall neither be required by an
Employer to perform any bargaining unit work nor shall he or she, as the case may be,
perform such work at any time except as follows:
(i) by mutual agreement of the Employer and such spouse in which
event the subject Collective Agreement shall in all respects apply to
the said spouse and the work performed by him or her;
(ii) a Resident Superintendent's spouse may, at the request of such
Resident Superintendent and with the mutual consent of
Management, substitute for the said Resident Superintendent in the
performance of any part of the said Superintendent's normal and
regular duties. In the event the Resident Superintendent's spouse
substitutes for the said Superintendent as aforesaid then the subject
Collective Agreement shall not apply while spouse is performing
such work.
5. Assistant Resident Superintendents, where employed, shall be paid
according to the following schedule:
(i) in buildings containing 56 - 119 suites, the Resident Superintendent's
schedule less twenty-five dollars ($25.00) per month;
(ii) in buildings containing 200 or more suites, the Resident
Superintendent's schedule less forty dollars ($40.00) per month.
Greenboard Holding Ltd. {Dec 1, 2018 to Nov 30, 2021) Page 24
APPENDIX 11 811
I. Cleaners' and Housekeepers' Schedule
The Employers shall pay to cleaners and housekeepers the following hourly
rates-of-pay:
Dec 1 /2018 Decl/2019 Dec 1/2020
Cleaner $19 .58 $20.16 $20.77 Based on 33 increase per year
Working Supervisors are to be paid by category plus seventy-five cents
{$0.75) per hour more.
All staff on probation for the first three (3) months are to be paid by
category less twenty-five cents ($0.25) per hour.
MERIT VARIANCE APPLICABLE ONLY TO CLEANERS
I. Employees for the balance of the contract may be paid a merit increase
of up to twenty cents ($0.20) per hour.
The Union shall have the right to submit recommendations to the Employer
for merit increases, all subject to Article 3.01 (d) of the subject Collective Agreement.
II. Employees working less than nineteen ( 19) hours per week or less will not be
part of the bargaining unit.
Ill. The regular work-week shall be forty (40) hours and the regular working-day
shall not exceed eight (8) hours. The work-week shall be any five (5) days out of six (6).
Work for Sunday shall be at the rate of one and one-half ( 11h) times the regular rate-of
pay.
IV. (a) CLEANER: Those employees who do, among other things, the following
types of work: local snow removal, heavy washing of floors, garbage
removal, etc.
Greenboord Holding Lid. /Dec 1, 2018 to Nov30, 2021) Page 25
I.
APPENDIX "C"
General Outside Ground Maintenance Schedule
The Employers shall pay wages as follows:
******WILL CONTACT UNION TO NEGOTIATE RATE WHEN THEY FILL THE POSITION*****
Landscape Gardener
Landscaper
Helper
Dec.1. 2018
$25.04
$18.99
$18.25
II. The regular work-week shall be forty-four (44) hours from Monday to Friday
and the regular working day shall not exceed nine (9) hours. The Employer will allow
"make-up" time because of inclement weather during a regular work-week on a Saturday
at regular pay. Students employed between May pt and September 301h shall not be
covered by the subject Collective Agreement.
Greenboard Holding Ltd. {Dec I, 2018 to Nov 30, 2021) Page 26
BETWEEN
APPENDIX "D"
LETTER OF UNDERSTANDING
UUNA LOCAL 183
-and-
GREENBOARD HOLDINGS LTD.
160, 170 180 & 200 Chalkfarm Drive
(the ''Union")
(the "Employer")
The Union and the Employer agree that the Employer continues to be entitled to contract
out bargaining unit work at its discretion. However, the Employer will not contract out
work which is normally performed by members of the bargaining unit if such contracting
out will result in layoff or reduction of hours of work being performed by the bargaining
unit as a result of the contracting out. It is also understood and agreed that there shall
be no less than eight (8) bargaining unit members employed by the Employer to perform
bargaining unit work so long as there is sufficient bargaining unit work to be performed
at the workplace.
Dated this 2~th day of January 2019.
FOR T~HE NION
e..-.e-- -----~ ---
Jnc.- .
Greenboord Holding Ltd. {Dec 1, 2018 to Nov 30. 2021) Page 27
APPENDIX "E"
LETTER OF UNDERSTANDING
BETWEEN
LIUNA LOCAL 183
(the "Union")
-and-
GREENBOARD HOLDINGS LTD.
(the "Employer")
Re: Sunday Work
All parties agree that this Letter of Understanding will form part of the Collective
Agreement as Appendix "E" between Greenboard Holdings Ltd. {the "Employer") and
LIUNA Local 183 (the "Union") effective from December 1, 2018 to November 301h, 2021
and continuing thereafter {the "Collective Agreement");
The Union and the Employer agree that Sunday work will continue as per past practice, such that any hours worked on Sunday are paid at straight time in accordance with the employee's current hourly wage.
Dated this 2.4+"' day of January 2019.
J 11c.