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COLLECTIVE AGREEMENT Between

CANADA CATERING CO. A DIVISION OF BROWN’S FINE FOOD SERVICES INC.

And

HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304

DURATION: NOVEMBER 1, 2020 – OCTOBER 31, 2023

COLLECTIVE AGREEMENT

Between CANADA CATERING CO. A DIVISION OF BROWN’S FINE FOOD SERVICES INC. (hereinafter referred to as "the Employer") and HEALTH CARE AND SERVICE WORKERS UNION, CLAC LOCAL 304 (hereinafter referred to as "the Union") NOVEMBER 1, 2020 – OCTOBER 31, 2023

TABLE OF CONTENTS

ARTICLE 1 - PURPOSE .............................................................. 1

ARTICLE 2 - RECOGNITION ...................................................... 2

ARTICLE 3 - UNION REPRESENTATION .................................... 4

ARTICLE 4 - NO STRIKES OR LOCKOUTS .................................. 6

ARTICLE 5 - UNION MEMBERSHIP, CHECKOFF ........................ 6

ARTICLE 6 - HEALTH AND SAFETY ........................................... 8

ARTICLE 7 - PROBATIONARY PERIOD, EVALUATIONS ............. 9

ARTICLE 8 - CLASSIFICATIONS, RATES OF PAY, CALL-INS ...... 10

ARTICLE 9 - HOURS OF WORK, WORK SCHEDULES,

OVERTIME .......................................................... 12

ARTICLE 10 - VACATION, VACATION PAY .............................. 14

ARTICLE 11 - HOLIDAYS ......................................................... 17

ARTICLE 12 - SENIORITY, LAYOFFS AND TRANSFERS ............. 19

ARTICLE 13 - LEAVS OF ABSENCE, BEREAVEMENT LEAVE ..... 22

ARTICLE 14 - JURY DUTY, TRANSPORTATION ........................ 26

ARTICLE 15 - BENEFITS, PENSION AND UNIFORMS .............. 26

ARTICLE 16 - SICK TIME ......................................................... 31

ARTICLE 17 - DISCHARGE, SUSPENSION, WARNING ............. 34

ARTICLE 18 - GRIEVANCE PROCEDURE ................................. 35

ARTICLE 19 - ARBITRATION ................................................... 38

ARTICLE 20 - DURATION ....................................................... 41

SCHEDULE “A” ...................................................................... 43

CANADA CATERING CO. A DIVISION OF BROWN’S FINE FOOD SERVICES INC. CLAC LOCAL 304 COLLECTIVE AGREEMENT NOVEMBER 1, 2020 – OCTOBER 31, 2023

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COLLECTIVE AGREEMENT

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to secure for the Employer, the employees and the Union the full benefits of orderly and legal collective bargaining in respect to hours, wages and working conditions and to insure to the utmost extent possible the safety and well-being of its employees, economy of operation, quality of output and protection of property. This Agreement moreover seeks to provide for fair and peaceful adjustments of all disputes that may arise between the parties hereto and for all employees to cooperate fully, individually and collectively for the advancement of the conditions set forth herein.

The Union agrees that the Employer establishes the work to be done, the location, the methods and schedules the work assignments to operate and manage all aspects of the business in accordance with the contractual obligations and in compliance with the Bases rules and regulations.


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ARTICLE 2 - RECOGNITION

2.01

a. The Employer recognizes Health Care and Service Workers Union, CLAC Local 304 as the sole bargaining agent, of and this Collective Agreement shall apply to, all employees of Canada Catering Co. a division of Brown’s Fine Food services Inc. in its housekeeping division at 4th Canadian Division Training Centre, in the county of Grey, save and except supervisors, persons above the rank of supervisor, office and clerical staff, and students.

b. Students will not be used to deprive regular employees of the opportunity to work the maximum number of non-overtime hours.

c. Students shall be defined as employees who are in full-time attendance at a high school or accredited college or university.

2.02

a. A full-time employee is defined as a person who regularly works thirty-five (35) or more hours per week.

b. A part-time employee is defined as a person who regularly works less than thirty-five (35) hours per week and includes on-call employees.

c. The Employer will give full-time employees the opportunity to work at least thirty-five (35) hours per


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week before scheduling or calling in part-time employees.

d. Where the feminine pronoun is used in this Agreement, it shall mean and include the masculine pronoun where the context so requires and vice versa.

2.03 Personnel outside the bargaining unit shall not perform work normally done by employees in the bargaining unit if there are employees within the bargaining unit who are available and qualified to do the work.

2.04 The Employer shall not contract out bargaining unit work normally performed by employees within the bargaining unit.

2.05 The Union recognizes that it is the exclusive right of the Employer to manage the facility and to:

a. maintain order, discipline and efficiency, and to establish and enforce reasonable rules and regulations to be observed by the employees;

b. hire, assign, discharge, direct, promote, demote, classify, transfer, lay off or recall employees, subject to the terms of the Collective Agreement;

c. suspend or otherwise discipline employees for just cause, provided that a claim by any employee that she has been unjustly dealt with will be subject to the grievance procedure;


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d. determine the work to be done, the location, methods, work assignments and the schedule for the performance of such work;

e. operate and manage its business in all respects in accordance with its contractual obligations; and

f. ensure quality, guarantee productivity and treat everyone with dignity and respect.

2.06 The Employer and the Union agree there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any of the employees for reason of membership or activity in a union, race, creed, colour, age, sex, marital status, religion, nationality, ancestry or place of origin.

ARTICLE 3 - UNION REPRESENTATION

3.01

a. Stewards appointed by the Union are representatives of the employees in the processing of grievances.

b. CLAC Representatives represent the employees in all matters pertaining to this Agreement. They are authorized to negotiate amendments to or renewals of this Agreement and to enforce all rights of the employees under this Agreement and under the law.

c. A steward will be given time off, without loss of wages, to welcome a new employee into the department and to discuss union membership with


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such an employee. Prior permission must be received from the supervisor. Time off shall not exceed fifteen (15) minutes.

3.02 A steward will be given reasonable time off without loss of wages, during working hours, to assist an employee in the presentation of a grievance.

3.03 The Union has the right to appoint two (2) members to the bargaining committee. The employees shall be paid by the Employer for regular hours negotiating a Collective Agreement with the Employer up to conciliation, whenever this takes place during the normal working hours.

3.04 There shall be no Union activity during working hours except for the processing of grievances and the administration and enforcement of this Agreement.

3.05 Stewards and/or the committee persons must obtain permission, which shall not be unreasonably withheld, from their supervisor prior to taking any time off from their normal working hours for union business.

3.06 The Employer shall post a bulletin board which will be used for the posting of positions available, minutes of labour-management meetings, notices of Union meetings, and other matters of concern to employees.


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3.07 The Union undertakes to supply the employees in the bargaining unit with booklet copies of this Collective Agreement. Any costs related to the printing of this Agreement will be shared equally by the Employer and the Union.

ARTICLE 4 - STRIKES OR LOCKOUTS

4.01 During this Agreement and while negotiations (including arbitration proceedings) for a renewal agreement are taking place, the Union shall not permit or encourage any strike, slowdown or stoppage of work, and shall not otherwise restrict or interfere with the Employer's operations through its members.

4.02 During this Agreement and while negotiations (including arbitration proceedings) for a renewal agreement are taking place, the Employer shall not lock out any of its employees, or deliberately restrict or reduce hours of work, or lay off employees when such layoff is not warranted by the workload.

ARTICLE 5 - UNION MEMBERSHIP, CHECKOFF

5.01 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it, and will inform all new employees of the contractual relationship between the


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Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a steward in order to give the steward an opportunity to describe the Union's purposes and representation policies to the new employee.

5.02 The Union agrees that it shall make membership in the Union available to all employees covered by this Agreement.

5.03 Deduction and Remittance of Dues a. The Employer is authorized and shall deduct each pay

period an amount equal to union dues from each employees pay. Such deductions will commence the first full pay period of the employment of an employee.

b. The amount shall be calculated according to the Unions dues policy. The Employer shall also deduct any administration dues authorized by the Union for new employees. The Employer shall not deduct more than one (1) pay periods dues from any one (1) pay cheque of an employee, except as outlined in the Unions dues policy.

c. The total amount checked off will be turned over to the Union before the fifteenth (15th) of the month after check off is made, together with an itemized list of the employees whom deductions were made, their hourly rate, hours worked and the amount checked off for each employee. Employees who maintain an


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employment relationship but have not worked sufficient hours to pay dues shall also be listed, and identified as to whether they are on leave.

d. The Employer shall be saved harmless for all deductions remitted to the Union.

e. The total amount of union dues annually paid by an employee shall be indicated on the employees T-4 slip.

5.04 Employees who, because of conscientious objection, as determined by the Union’s internal guidelines, cannot support the Union may apply to the Union in writing.

ARTICLE 6 - HEALTH AND SAFETY

6.01 The Union, the Employer and the employees commit themselves to maintaining proper health and safety practices in compliance with Occupational Health and Safety Act.

6.02 Health Examinations and Vaccinations Any medical examinations or vaccinations requested by the Employer, and all medical examinations required by Statute, shall be promptly obtained by employees. The Employer shall pay the cost of such examinations or vaccinations where the cost is not covered by OHIP.


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6.03 Workplace Harassment and Workplace Violence The Employer is committed to providing a work environment in which all individuals are treated with respect and dignity. Everyone in the workplace must be dedicated to preventing both workplace harassment and workplace violence. Employee’s behaviour must be in compliance with the Employer’s Health and Safety Policies and Procedures and their supporting programs in sections 13 & 14. Employees are encouraged to raise and report any concerns, incidents or threats of workplace harassment or violence.

Managers and supervisors are responsible for ensuring measures and procedures are followed by employees and that employees are provided with the relevant information to protect themselves. Employees also have the right to union representation during the course of investigation processes when either workplace harassment or violence is reported.

ARTICLE 7 - PROBATIONARY PERIOD, EVALUATIONS

7.01 New employees shall serve a probationary period of ninety (90) worked days. Upon completion of the probationary period, an employee shall obtain seniority which shall be calculated from the employee's hiring date on the cleaning staff at 4th Canadian Division Training Centre by the Employer or previous Employer.


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7.02 On or before the expiry date of an employee's probationary period, the Employer will confirm in writing that:

a. the employee has successfully completed her probationary period; or

b. the employee is terminated and such termination shall not be subject to the grievance procedure.

7.03 Probationary employees are covered by this Agreement excepting those provisions which specifically exclude such employees.

7.04 The Employer will annually review and evaluate each employee as to her overall work performance. Employees shall have an opportunity to review an evaluation and attach comments as an addendum prior to it being filed. Employees shall have access to their file upon request.

ARTICLE 8 - CLASSIFICATIONS, RATES OF PAY, CALL-INS

8.01 Employees shall be classified and paid in accordance with Schedule “A” which is attached to this Agreement and forms a part of it.

8.02 Wages shall be paid by direct deposit into an employee’s bank account in accordance with the Company’s pay schedule. Employees will receive their paystubs electronically by logging in to a secure web site. If an employee does not have access to a printer to produce a


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printed copy of their statement, they can follow-up with their manager to attain a printed copy.

8.03 New classifications and wage rates may only be established by mutual agreement between the parties.

8.04 When an employee reports for work or is called in and is notified that no work is available, she shall receive four (4) hours of pay.

8.05

a. In case of a military minimal staffing, Article 8.05 shall apply. Employees who elect to stay on the job shall be paid for their full shift.

b. In the case of an unscheduled military shutdown, employees will be paid for their regularly scheduled shifts for up to two (2) days.

Employees shall not receive phone calls regarding their availability to work between 9:00 p.m. and 6:00 a.m., except in cases of emergency, provided that an employee may be called up to one and one-half (1 ½) hours prior to the start of a shift for which the employee is required.

c. To ensure the safety and well-being of all employees, stewards will be informed in a timely manner of any advisory notifications that are issued to the Employer by CBO that pertain to all members working on the base. Such notifications can be, but are not limited to:


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road closures, inclement weather, heat advisories, etc.

ARTICLE 9 - HOURS OF WORK, WORK SCHEDULES, OVERTIME

9.01 Overtime pay is defined as one and one-half (1 ½) times the straight time hourly rate.

9.02

a. All employees shall receive overtime pay for all work performed in excess of eighty-eight (88) hours bi-weekly.

b. When work needs to be performed in the Mess Hall on a statutory holiday, the Employer will offer the work to employees in order of seniority on a rotational bais.

9.03 There shall be no pyramiding of overtime under any provisions of this Agreement.

9.04

a. Each employee shall be entitled to a fifteen (15) minute break with pay during the morning half shift, and to a ten (10) minute break with pay during the afternoon half shift. Breaks shall be taken at approximately the midpoint of the half shift.

Employees on a short shift of a minimum of four (4) hours shall have one (1) fifteen (15) minute break with


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pay at approximately the mid-point of the short shift. Except in cases of emergency, these breaks shall not be interrupted.

b. Employees shall be granted a one-half (1/2) hour unpaid lunch for each full shift worked at approximately the midpoint of the shift. Employees may leave the base during their lunch break provided they inform the person in charge prior to leaving.

c. Where possible employees shall be permitted to combine their afternoon break with their lunch break on Friday afternoons.

9.05 The opportunity to work more than the regular scheduled hours shall be offered first to the employee working in the area where the extra time is required. Any additional work time required shall be evenly distributed as evenly as possible among seniority employees.

9.06 The Employer shall schedule weekend shifts to employees in reverse order of seniority on a rotational basis. Employees who are scheduled and are unable to work may exchange with another qualified employee. Such exchanges shall be approved by the Employer in advance of the scheduled shift; however, employees can not exchange shifts that would create overtime hours being paid. The Employer shall post the completed schedule for the month by Wednesday of the last week of the current


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month. Final copies of the schedule will be emailed to the stewards.

9.07 In the event of a major rescheduling at 4th Canadian Division Training Centre, the parties agree that Article 9.06 shall become inoperative. Should this occur, the matter of weekend scheduling shall be referred to the labour-management committee set out in Letter of Understanding #1.

9.08 Orientation Newly hired employees shall receive a maximum of up to five (5) days orientation on base within the first (1st) week of starting employment.

9.09 On the first (1st) Monday of every February the Employer will rotate staff from their current building into another building. Rotations will occur every six (6) months.

ARTICLE 10 - VACATION, VACATION PAY

10.01 Employees shall be entitled to vacations according to the following schedule:

Eligibility Time Off Vacation Pay % of

gross annual earnings

Less than 1 year 1 day/month worked (to a

max of 10 days 4%


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1 year but less than 5 years.

2 weeks 4%

5 years but less than 10 years.

3 weeks 6%

10 years but less than 15 years.

4 weeks 8%

15 years or more 5 weeks 10%

10.02 Vacation pay will accrue each pay based on the

employee’s service with the cleaning staff at 4th Canadian Division Training Centre by the Employer or by previous Employer.

10.03 The completed vacation schedule shall be determined in discussions between the Employer and the Union stewards. The guiding factors shall be seniority. Whenever a conflict arises that cannot be settled amicably, the dispute shall be resolved by the Employer.

For the months of May, June, July, August and September, all requests for vacation time must be submitted in writing no later than March 15. Time submitted after shall be awarded on a first come basis. Stewards shall be informed of such requests and the changes to the vacation schedule.

For all other months of the year, all requests for vacation time that are five (5) days or more must be submitted no later than the first (1st) day of the previous month. Time submitted after shall be awarded on a first come basis.


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Stewards shall be informed of such requests and the changes to the vacation schedule.

10.04 The Employer shall post the final schedule on or about April 30. This schedule shall not be changed except with the consent of the Employer and the employee(s) affected.

10.05 If requested in writing in advance of all applicable payroll deadlines as outlined by the Company, employees will be paid their vacation monies at the time of starting their vacation and all deductions usually made from the employees’ earnings, will be made from their vacation pay. Otherwise, vacation monies will be paid out on the applicable pay period in which the vacation is taken. Vacation monies will only be paid out in conjunction with vacation time.

10.06 Vacation time may be taken in less than one (1) week increments.

10.07 Vacation time must be taken within twelve (12) months.

10.08 Employees may elect to withdraw up to one (1) week of vacation pay without taking the corresponding time off, conditional upon taking the minimum time off as per ESA for the current year of request. Such request must be given to the manager in writing at least three (3) weeks in advance.


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ARTICLE 11 - HOLIDAYS

11.01 All employees shall be entitled to the following holidays paid at regular rates:

New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and two (2) float day.

The employee shall notify the Employer, in writing, one (1) week in advance of taking the day off. Such requests will not be unreasonably denied.

11.02

a. An employee who qualifies for a paid holiday shall be paid at the rate of one and one-half (1 ½) times the regular hourly rate for each hour worked, in addition to regular wages for the holiday, or time and one-have (1 ½) plus a day off with pay in lieu. This shall be at the employee’s request, provided they give their Employer five (5) days notice. Such requests will not be unreasonably withheld. Lieu days must be used within one (1) month of the paid holiday.

b. An employee who does not qualify for a paid holiday shall be paid at the rate of one and one-half (1 ½) times the regular hourly rate for each hour worked for the statutory holidays mentioned under Article 11.01.

11.03 If a paid holiday occurs on an employee's regular day off or during the employee's vacation period, the employee


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will receive an additional day's pay or receive an additional day off with pay consecutive to her vacation time, the choice being made upon mutual agreement of the parties involved.

11.04

a. An employee does not qualify and is not entitled to holiday pay unless she completes her last scheduled shift before the holiday and her first scheduled shift after the holiday. This restriction shall not apply if the employee is excused in writing by her supervisor or administrator or if she is ill on one of the qualifying days and produces an appropriate doctor's certificate.

b. No employee shall be entitled to holiday pay, who has not earned wages on at least ten (10) days during the four (4) weeks immediately preceding the holiday.

c. A probationary employee who works a holiday as outlined in 11.01 shall be paid in accordance with the Employment Standards Act.

d. Employees who are off work due to illness shall not be entitled to holiday pay if their illness lasts more than four (4) weeks.

e. No employee shall be entitled to holiday pay, who has agreed to work on a public holiday and who, without reasonable cause, fails to report for and perform the work.


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ARTICLE 12 - SENIORITY, LAYOFFS AND TRANSFERS

12.01 Seniority is the ranking of employees in accordance with their length of employment on the cleaning staff at 4th Canadian Division Training Centre with the Employer, or with previous Employer, whichever first occurred.

12.02 Seniority lists shall be maintained by the Employer and shall be posted on November 15 and May 15.

12.03 An employee's seniority rights shall cease to exist and the employee shall be deemed to have terminated employment if an employee:

a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed

through the grievance procedure; c. fails to report on the first day following the expiration

of a leave of absence unless a justifiable reason is given;

d. is laid off for a continuous period of more than six (6) months;

e. has been absent for two (2) consecutive working days without having notified the Employer, unless a justifiable reason is given;

f. retires or is retired upon reaching age 65. (Subject to Human Rights);


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g. is off work due to illness or accident other than Workers’ Compensation for a period of twelve (12) consecutive months; or

h. fails to be eligible for a security pass, or has his/her security pass revoked.

12.04 In case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of the work permits. Ability to perform available work being relatively equal, seniority shall prevail so that the employee having the highest seniority shall be laid off last and recalled first.

12.05 Notice of lay off shall be given by the Employer to the employee concerned, as well as to the Union, in accordance with the Employment Standards Act.

12.06 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within three (3) working days after the layoff becomes effective.

12.07 An employee who is recalled to work after a layoff must return to work within two (2) working days if unemployed and within five (5) working days if employed elsewhere. An employee employed elsewhere shall notify the Employer of her intent to return within two (2) working days of receipt of the notice of recall. It shall be sufficient for the Employer to send notice of recall to the employee by registered mail to the employee's last known address.


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12.08 Any employee transferred to a position outside the bargaining unit shall, if rehired to a job within the bargaining unit, and after completing the probationary period, be reinstated. Any seniority formerly accumulated as of the date of transfer, as long as the employee has been continuously employed by the Employer while outside the bargaining unit, shall be recognized.

12.09 When filling a vacancy within the bargaining unit, the Employer shall consider the skills, qualifications and ability to perform the required duties. When these factors are relatively equal, the employee with the most seniority shall be given preference.

12.10 When a job vacancy occurs or a new job is created in a higher rated or hourly paid supervisory classification covered by this contract, notice of the vacancy shall be posted in a room for all employees covered by this collective agreement. This notice shall be posted for at least five (5) days, and shall indicate a job description, qualifications required, job location, starting date, and rate of pay.

12.11 An employee who wishes to be considered for the position shall submit an application in writing to her supervisor within one (1) working day after the end of the posting notice. In filling the job vacancy, including promotions, transfers and new positions, the Employer shall consider the following conditions:


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1. Seniority of the applicants. 2. Ability, reliability and experience of the applicants.

Where the qualifications of two (2) of the above are relatively equal, the posted job shall be awarded to the senior applicant.

12.12 An employee selected to fill a vacant position shall hold that position for a trial period of two (2) pay periods worked. The position shall become permanent unless:

1. the employee feels that she is unsuitable for the job and wishes to return to her former one; or

2. the employer feels that the employee is not suitable for the job.

In either case, the employee will return to her former position and wage rate without loss of seniority. Any other employee promoted or transferred as a result of the rearrangement of the position(s) shall also be returned to her former position and wage rate without loss of seniority.

ARTICLE 13 - LEAVS OF ABSENCE, BEREAVEMENT LEAVE

13.01

a. An employee who has completed probation may request a leave of absence without pay and without loss of seniority when the employee requests it for good and sufficient reasons. A requested leave of


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absence shall not exceed ninety (90) calendar days and shall not be unreasonably refused. This shall not apply to leaves that are outlined in the Employment Standards Act.

b. An employee who wishes to have a leave of absence shall, except in cases of emergency, state her request in writing four (4) weeks prior to the commencement of the requested leave of absence to her supervisor. The request shall include the commencement date of the requested leave of absence, the return date to work and the reason for the request. Leaves of absence will not be granted to probationary employees.

c. The parties recognize that employees have a right to ten (10) unpaid emergency leave days per year under the current Employment Standards Act.

13.02 Employees who are on leave of absence will not engage in gainful employment elsewhere without agreement of the Employer. An employee who violates this rule will forfeit all seniority rights, and may be dismissed by the Employer.

13.03 An employee who is bereaved of a spouse, partner, same-sex partner, child or step-child shall be granted a leave of absence of up to five (5) scheduled working days with pay. An employee bereaved of a parent, brother, sister, father-in-law, mother-in-law, grandparent, step-parent or grandchild, shall be granted a leave of absence of up to


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three (3) schedule working days with pay. An employee bereaved of an aunt, uncle, brother-in-law, sister-in-law shall be granted a leave of absence of up to two (2) scheduled working days with pay.

13.04 Bereavement pay shall apply only to days upon which the employee was scheduled to work.

13.05 Maternity, Adoption and Parental Leave The following in part reflects the provisions of the Employment Standards Act on these matters. In all cases of dispute, and where the Act as amended from time to time is superior, the provisions of the Act will prevail.

a. An employee who is pregnant or who adopts a child is entitled to a leave of absence of up to seventeen (17) weeks. The employee must have been in the employ of the Employer for at least thirteen (13) weeks to qualify for the leave and for the payment of above U.I.C. benefits.

b. The employee shall normally give the Employer written notice at least two (2) weeks in advance of the intended date of commencement and completion of the leave. In the case of pregnancy, the employee will provide the Employer with a medical doctor's statement of the estimated date of delivery.

c. Where an employee intends to return to work sooner or later than the original date, she shall give the Employer at least two (2) weeks' written notice in


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advance. Maternity or adoption leave may be extended beyond the seventeen (17) week period when recommended and certified by a medical doctor.

d. Employees are entitled to a parental leave of up to sixty-one (61) weeks if the employee also took pregnancy leave, and sixty-three (63) weeks in duration if she did not. If the employee is the mother, this leave must be taken consecutive with the maternity or adoption leave. If the employee is the father, parental leave must commence no later than fifty-two (52) weeks from the date of birth or adoption of the child. In all cases of parental leave, the employee must give at least two (2) weeks' written notice of the intended date of commencement and completion of the leave, and if the employee intends to return sooner than the original date of the early return to work, shall be subject to at least two (2) weeks' written notice to the Employer.

13.06 The Employer shall grant a maximum of two (2) days leave of absence, without pay, per calendar year for each steward for the purpose of attending steward courses and seminars. The Union will make every effort to provide the Employer with one (1) month's advance notice.


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ARTICLE 14 - JURY DUTY, TRANSPORTATION

14.01 The Employer shall reimburse an employee on jury duty or subpoenaed as a crown witness for wages lost while serving in such a capacity. The employee must provide the Employer with a signed document from the clerk of the court, stating the time in attendance and the amount of payment received from the court and the Employer shall deduct such payments from the employee's wages.

14.02 It shall be the employee's responsibility to advise the Employer immediately of the date(s) she is to serve on jury duty.

ARTICLE 15 - BENEFITS, PENSION AND UNIFORMS

15.01 The Employer agrees to give cooperation to the Benefit Plan by remitting, as outlined in Article 15.03, the premium cost of the benefit package. The Benefit Plan, maintained and administered solely by the Union, will provide all full time employees (and part time employees hired prior to September 1st, 1999) who have completed six (6) months’ worth of continuous employment or who has worked eight hundred (800) hours to qualify and have choice of enrolling in single or family plans.

1. $15,000.00 life insurance per employee; 2. $15,000.00 AD&D per employee;


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3. A prescription drug plan for employee and family, using a drug card with twenty percent (20%) deductible;

4. A basic dental plan “A” providing eighty percent (80%) dental coverage based on the current Ontario Dental Association schedule of fees;

5. Extended health coverage for employee and family;

If employees covered under a spouses insurance wish to be excluded from the health benefits, they need only submit a proof of insurance. They will still be covered for life, AD&D.

15.02

a. The premiums as aforementioned shall be remitted directly by the Employer and further, in the event of a layoff, the Employer will remit the premium for a month following the month in which the layoff took place; in the event of sickness or accident, the Employer will continue to remit their portion of the premiums for a period of four (4) months.

b. Should an employee choose to carry their benefits while on maternity/paternal or compassionate leave, the Employer shall pay ten percent (10%) of the premiums up to a maximum of 52 weeks. The employee must pay their portion of the payment accordingly in a timely manner.


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15.03 The Employer shall deduct the portion of the employee’s Health Benefit premiums on a bi-weekly basis and submit it in accordance with Article 15.04

Benefit Employer’s Portion Employee’s Portion

Life, ADD 65% 35%

Extended Health 65% 35%

Dental 65% 35%

15.04 All money earned by the employee, such as the

Employer’s contribution to the CLAC Health Fund as well as deductions made from employees’ wages, such as union dues, will be considered trust monies held on behalf of the employee until the money is paid to the Union or to the CLAC benefit administration office.

15.05 Uniforms a. Upon hire all employees shall be supplied with three

(3) uniforms. Annually in the month of January all employees shall receive two (2) new uniforms. Uniforms that are damaged or worn out shall be replaced by the Employer when they are presented with the uniform.

b. All footwear must be fully enclosed, black or white in colour with non-slip soles. With verification of the above conditions, along with an original itemized receipt, employee will be reimbursed.


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Safety Footwear In the event employees are required to wear CSA approved safety footwear, the Company shall provide reimbursement to a maximum as provided below per calendar year upon submission of an original, itemized receipt.

2021 - $65.00

Non-slip Footwear Employees who purchase their own footwear will be reimbursed to a maximum as provided below per calendar year upon submission of an original, itemized receipt.

2021 - $50.00

c. Upon completion of probation, employees will be provided with one (1) sweatshirt with company logo and one (1) toque prior to the winter season. Sweatshirts or toques that are damaged or worn out shall be replaced by the Employer when they are presented to the Housekeeping Manger.

15.06 Pension Plan a. This plan applies to all employees covered by this

collective agreement. b. It is mandatory for all employees with six (6) months

employment to participate in the pension plan. New


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employees will join the plan immediately upon completing six (6) months of employment.

c. The Employer shall deduct from the covered wages, of each eligible employee, each pay, an amount equal to ten cents ($0.10) per hour.

d. The Employer shall pay an amount of ten cents ($0.10) per hour covered wages of each eligible employee.

e. Covered wages as set out in (c) and (d) above include straight time hourly wages, the straight time portion of holiday pay and vacation pay. All other earnings are excluded.

f. The Employer will remit the employees’ and the Employer’s contribution to the Union Pension Plan registered with the Canadian Revenue Agency (CRA) and the Financial Services Commission of Ontario (FSCO) as Pension Plan #0398594 within fifteen (15) days following the end of the month for which contributions are payable, together with an itemized list of employees and the amounts applicable to each.

g. The Employer and the Union will cooperate in providing the information required to administer the Pension Plan on the employee’s behalf. The plan shall be responsible for informing the employees about the plan including an annual statement to each employee, showing their previous year’s balance, new contributions made, new earnings and new balance.

h. Contribution Continuation - The Employer shall continue to pay its portion of pension contributions,


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provided employees continue to pay their portion, as follows:

1. while in receipt of Workers’ Compensation as a result of an injury sustained during employment with the Employer, for up to twelve (12) months; or

2. while on maternity/parenting leave, for the period it is required to continue pension contributions, in line with government legislation.

Employer and employee contributions will be based on the employee’s average covered wages during their four (4) regular pay periods prior to being off work.

Employees must make arrangements with the Employer to pay their portion of all pension contributions to the Employer by the fifteenth (15th) of the month in which they are due.

ARTICLE 16 - SICK TIME

16.01 An employee who becomes ill during working hours shall be paid only for hours worked as outlined below.

a. Each employee who has completed their probationary period shall be granted six (6) days sick leave allowance each calendar year for absences occurring on the employee’s otherwise regular scheduled shift. Where an employee is hired or


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completes their probationary period after January 1st, said sick leave allowance shall be pro-rated to equal one (1) day for every month remaining in the calendar year (to a maximum of six [6]). The employees must report their illness to the manager as soon as possible by telephone or at least twelve (12) hours prior to the beginning of their shift. Employees must call 538-1371 ext. 6639.

b. Each employee who has completed their probationary period shall be granted three (3) personal days each calendar year that may be used for a family emergency, house related emergency or to attend a doctor and/or specialist appointment. Written verification of attending the appointment, or proof of said emergency, shall be presented to the Employer on the employees next scheduled shift. This verification shall not be reimbursed by the Employer.

c. An employee off work due to illness and who is entitled to sick pay shall not receive pay for more sick days during any pay period than the normal number of days she would have worked during that period, or until her sick time hours are depleted.

d. An employee off work due to illness and entitled to sick pay shall not engage in any gainful employment during the time she is off work. An employee who violates this rule will forfeit all seniority rights and is subject to dismissal.


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e. With illnesses of two (2) days or more, management may request a doctor’s note verifying the illness with estimated date of return. Only when the Employer specifically requests a doctor’s note from the employee will the employee be reimbursed for the cost of the note.

f. Hours worked shall include all hours paid for by the Employer. These shall include, but are not limited to vacation days, statutory holidays, float days, leaves of absence, bereavement, sick time.

16.02 If an employee is absent from work because of an injury that is compensable under the Workplace Safety and Insurance Act, she shall not lose any accumulated sick days. An employee will be required to refund to the Employer any sick days paid out while waiting for Workplace Safety and Insurance Benefits, and sick days will be adjusted accordingly.

16.03 No sick time shall be paid if a third party is paying income allowance (e.g. Workplace Safety and Insurance, insurance pay for injuries suffered in an automobile accident). An employee will be required to refund to the Employer any sick days paid out while waiting for benefits and sick days will be adjusted accordingly.

16.04 At the end of the calendar year employees shall have their remaining sick time hours carried over into a sick leave bank, to a maximum of twenty (20) days. These extra days


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may only be used for long term illnesses over three (3) consecutive days and only after the employees current sick time as outlined in Article 16.01 a. has been depleted. Medical documentation must also be provided to support the continued leave and payment.

16.05 Upon retirement, any time remaining in the sick bank the Employer shall pay the employee twenty-five per cent (25%) of the hours at their regular rate of pay on their final pay cheque.

ARTICLE 17 - DISCHARGE, SUSPENSION, WARNING

17.01 When the conduct or performance of an employee calls for a warning by the Employer, the warning shall be a written one and a copy of this warning shall be forwarded immediately to the stewards and the Union.

17.02 Within four (4) workdays following a suspension or discharge, the employee involved (provided she has completed the probationary period) may together with a Union representative discuss with the Employer the reasons for the suspension or discharge. Within four (4) workdays following this discussion, the Union may process the complaint via step 2 of the grievance procedure.


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17.03 Verbal or written warnings shall be removed from an employee’s file after twelve (12) months; suspensions shall be removed after twenty-four (24) months.

ARTICLE 18 - GRIEVANCE PROCEDURE

18.01 It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until she has first given her immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) workdays after the circumstances giving rise to the complaint occurred or originated.

If the supervisor is unable to adjust the complaint to mutual satisfaction within five (5) workdays, the employee may proceed with the grievance procedure at step 1 within five (5) workdays after the decision of the supervisor.

The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances.

18.02 The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties.


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18.03 The Employer or the Union shall not be required to consider or process any grievance which arises out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of the Collective Agreement.

18.04 A Group Grievance is defined as a single grievance, signed by a steward or a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure, commencing with step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a group grievance.

18.05 A Policy Grievance is defined as a difference between the parties relating to the interpretation, application or administration of this Agreement. A policy grievance may be submitted by either party at step 2 of the grievance procedure. A policy grievance shall be signed by a CLAC Representative and submitted to the Employer. A policy grievance submitted by the Employer shall be signed by the Employer or his representative.


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18.06 Step 1 An employee having a Single Grievance must, accompanied by a steward or a CLAC Representative, submit the grievance to her supervisor in writing. The nature of the grievance, the remedy sought, and the section(s) of the Collective Agreement which are alleged to have been violated shall be set out in the grievance. The supervisor will deliver her decision in writing within five (5) workdays after receipt of the grievance. Failing settlement, the next step of the grievance procedure may be taken.

Step 2 Within five (5) workdays following the decision under step 1 (or the day on which this decision should have been made) the grievance must be submitted in writing to the Employer, to be discussed at a meeting between the grievor, the Employer and a Union representative within five (5) workdays of receipt of the grievance. The Employer shall give a written disposition within five (5) workdays of the day of the meeting, copies to be sent to the Union representative. Failing settlement, either party may submit the matter to arbitration.


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ARTICLE 19 - ARBITRATION

19.01 If the parties fail to settle the grievance at step 2 of the grievance procedure, the grievance may be referred to mediation and/or arbitration as follows:

19.02 The parties agree that prior to filing for arbitration under provisions of this article or under Section 49 of the Labour Relations Act, either party may recommend reference of the grievance to private mediation. A reference to mediation shall require the written consent (facsimile shall be sufficient) of both parties. The cost of this mediation shall be shared jointly between the parties. Failure by one of the parties to attend the mediation shall result in that party bearing the full cost of the mediation hearing.

19.03 If either party wishes to arbitrate a dispute, such arbitration shall be done by a sole arbitrator.

19.04 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as sole arbitrator.

19.05 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service.


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19.06 If a party fails to answer a grievance at any stage of the grievance procedure, the other party may commence mediation and/or arbitration proceedings and if the party in default refuses or neglects to reply, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties.

19.07 It is agreed that the arbitrator shall have the jurisdiction, power, and authority to give relief for default in complying with the time limits set out in the articles dealing with grievance and arbitration procedures, where it appears that the default was due to a reliance upon words or conduct of the other party.

19.08 The arbitrator is to be governed by the following provisions:

a. The arbitrator shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or employer affected by it.

b. The arbitrator shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations.

c. The arbitrator shall not have the power to alter or amend any of the provisions of this Agreement, except the time limits for grievances where the delay


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was occasioned by a reliance on words or conduct of the other party.

d. The parties and the arbitrator shall have access to the Employer's premises to view working conditions or operations that may be relevant to the resolution of a grievance.

e. The arbitrator shall have the power to amend a grievance and to modify penalties.

f. The arbitrator shall have jurisdiction to determine whether a grievance is arbitrable.

g. The arbitrator shall determine the real issue in dispute according to the merits and shall make whatever disposition it deems just and equitable.

h. Each of the parties shall pay one-half (1/2) of the remuneration and expenses of the arbitrator.

19.09 The parties hereby agree that any of the following persons shall be eligible to serve as single arbitrators to hear all issues in dispute between the parties: Ian Hunter, Louisa Davie, and Peter Barton.

19.10 Notwithstanding the arbitration procedure outlined above, a grievance, after the second step of the grievance procedure may be referred to arbitration under the provisions of the Labour Relations Act.


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ARTICLE 20 - DURATION

20.01 This Agreement shall be effective on the first day of November, two thousand and twenty (2020) and shall remain in effect until the thirty-first (31st) day of October, two thousand and twenty-three (2023) and for further periods of one (1) year unless notice shall be given by either party of the desire to delete, change or amend any of the provisions contained herein within the period of ninety (90) days prior to the renewal date. Should neither party give such notice, this Agreement shall renew itself for a period of one (1) year.


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SCHEDULE “A” CLASSIFICATIONS and HOURLY RATES

Nov 1/19 Nov 1/20 Nov 1/21 Nov 1/22

Probationary Cleaner $14.00 $14.25 $14.25 $14.25

After Probation $14.75 $15.06 $15.38 $15.70

Industrial Cleaner over 1 year

$16.20 $16.61 $17.02 $17.45

Industrial Cleaner over 15 year

$16.70 $17.12 $17.55 $17.98

Lead Hand $17.45 $18.00 $18.45 $18.91

There shall be a night shift premium for all shifts that cross the hour of midnight. This premium shall be twenty-five cents ($0.25) per hour.

Industrial Floor Cleaning Crew The Industrial Floor Cleaning Crew position, by definition, must include all parts of the 4-step process to qualify. This includes the use of a scrubbing machine with a stripping chemical/agent and stripping pad, scrubbing, applying foundation coats and waxing. The Employer agrees to post required number of positions every four (4) months, as required. Employees will be awarded the position based on seniority.


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The Employer agrees to pay the successful applicant(s) an addition one dollar and ten cents ($1.10) per hour for every hour worked as an Industrial Floor Cleaning Crew member.


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LETTER OF UNDERSTANDING #1 BETWEEN


AND


Labour-Management Committee a. The parties agree to establish an active labour-management

committee. b. The committee shall be made up of an equal number (not

less than two [2] of each) of non bargaining unit persons and bargaining unit persons who have completed their probationary period, with one (1) of the non bargaining unit persons being the Housekeeping Supervisor. Both the Union and the Employer shall confirm in writing to each other their committee representatives.

c. The committee shall keep minutes of its meetings. A copy of the minutes agreed by both parties will be forwarded to the stewards and the Union office.

d. The committee shall appoint from among themselves a chairperson and a recording secretary with such positions rotating as agreed upon by the committee.

e. The committee shall meet as often as required but at least once every two months. Meetings shall be convened upon a


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minimum notice of one (1) week, with the time and date of the meeting to be set by mutual agreement. The agenda for the meetings shall be in writing with finalized copies given to all committee members at least two (2) days before the meeting.

f. Employees serving on the committee shall be paid at their regular hourly rate for meeting time during their normal hours of work.

g. The committee shall deal with all matters of mutual concern, however, the committee shall not deal with grievances or negotiations and it is not empowered to alter or amend any of the terms of this Collective Agreement or infringe on the requirements and minimum standards of the Employer’s service contract.

h. Any employee or any non bargaining unit person may refer matters to the committee for consideration. Such referrals shall be in writing to the committee.

i. After having been dealt with by the committee, any unresolved issue(s) may be forwarded by a committee member to the Employer's head office. The Employer's representative(s) from its head office and a Union representative will convene a meeting with the committee to discuss the matter. Such a meeting shall take place within thirty (30) days of being referred to the Employer.


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AND


Employees shall not be required to use personal vehicle on behalf of the Employer.


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AND

HEALTH CARE AND SERVICE WORKERS UNION,

CLAC LOCAL 304

Virtual Meetings

Where the parties agree, ZOOM or other virtual platforms can be used to conduct meetings that allow for efficiency, increased flexibility and availability.

clac.ca/myCLAC

MISSISSAUGA MEMBER CENTRE 1-2555 Meadowpine Blvd. T: 905–812–2855 TF: 800–268–5281 F: 905–812–5556 [email protected]

CLAC RETIREMENT 1-800-210-0200 CLAC BENEFITS 1-800-463-2522 CLAC TRAINING 1-877-701-2522 CLAC JOBS 1-877-701-2522

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