collective agreement between: metropolitan toronto … estate... · 2017-06-09 · collective...
TRANSCRIPT
COLLECTIVE AGREEMENT
BETWEEN:
METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 638 (1 and 3 CONCORDE PLACE, NORTH YORK)
- and -
LIUNA LOCAL 183
TERM- JANUARY 1, 2017 to DECEMBER 31,2019
* All items in the enclosed Agreement shall beco me eflc ti v~.: on the date of signing the Collective Agreement except where specifically indicated olh •rwise.
AKT l<..:L 1, J - G li:N la~AL PURi>OSI~
1.01 The general purpose of this Agreement is to establish and maintain collective
bargaining relations between the Employer, its employees within the Bargaining Unit, and the
Union.
ARTICLE 2 - H.ECO(~NlTJON
2.01 The Employer recognizes the Union as the sole collective bargaining agent for
Resident Superintendents, cleaning-maintenance personnel at 1 and 3 Concorde Place, North
York, save and except Propetty Manager, those above the rank of Property Manager, otiice and
clerical staf1~ concierge, security staff, and students employed during the school vacation periods.
2.02 It is agreed that the word "employee" or "employees" wherever used in this
Agreement shall be deemed to refer only to an employee or employees in the bargaining unit as
hereinbefore defined.
- "~
lv/TCC 638 I & 3 Concorde Place (201 7-2019) Page;: I
2.03 Where the masculine pronoun is used in this Agrccrnent it shtdl be deemed to
include the feminine and vice versa, where the context so requires.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Union recognizes that the management of the operations and the direction of
the employees are fixed exclusively in the Employer and shall remain solely with the Employer
except as expressly limited by the cJear and explicit language of some other provision of this
Agreement and, without restricting the generality of the foregoing, the Union acknowledges that
it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency;
(b) hire, assign, retire, promote, demote, classify, transfer, direct, lay-oft: recall,
and to suspend, discipline or discharge employees who have successfully
completed their probationary period for just cause provided that a claim by
an employee who has successfully completed his probationary period that
he has been disciplined, suspended or discharged without just cause may be
the subject of a grievance and dealt with as hereinafter provided;
(c) determine in the interest of efficient operation and high standards of service,
the hours-of-work, work assignments, methods of doing the work, and the
working establishment of the service, judge the qualifications of employees,
determine and evaluate the content and function of aU jobs and
classifications, revise work assigmnents at any time;
(d) determine the nature and kind of business conducted by the Employer, the
kinds and locations of operations, equipment and materials to be used, the
methods and techniques ofwork, the number ofcrnploycc·s to be employed,
the extension, limitation, curtailment or cessation of operations or any part
thereof~ and to detcrrn inc and exercise all other flmctions and prcrog;1tives
which shnll remain solely with the limployer except as specitically limited
by the express provisions of this Agreement;
NITCC 638 - J & 3 Concorde Place (2()J7 .. 20/I)) Page 2
3.02
(e) make, enforce, and alter from time-to-time rules and regulations to be
observed by the employees which are not inconsistent with the provisions
of this Agreement.
It is agreed that persons engaged on a temporary basis, either through an agent, to
replace employees absent due to vacation, illness/disability, or any other absence during which the
Employer determines an outside replacement to be necessary will not be covered under the terms
of this Collective Agreement.
3.03 The Employer agrees that it will not exercise its functions in a manner inconsistent
with the provisions of this Agreement.
ARTICLE 4 · UNION SECURITY
4.01 The Employer shall deduct an amount equivalent to regular monthly Union dues
for the term of this Agreement, according to the following conditions:
4.02
(a) all employees covered by this Agreement shall, as a condition of
employment, have deducted from their pay due an amount equivalent to the
regular monthly Union dues.
(b) the amounts so deducted shall be remitted to the Secretary/Treasurer ofthe
Union no later than the fifteenth ( 151h) day ofihe month following the month
in which such deductions were made.
Regular monthly Union dues referred to in this article shall mean the regular
monthly Union dues uniformly assessed all members of the Union in accordance with its
constitution and by-laws as certified to the Employer in writing by the Union.
4.03 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.
MTCC 638 ... I & 3 Concorde !'lace (2017-2019) Page 3
4.04 In consideration of the deducting and forwarding of Union dues by the Employer,
the Union agrees to indcmni fy and save the Employer harmless in respect of all suits, actions or
causes of al:tion which may arise in respect of the operation of this A1ticle.
ARTICLE 5 - NO STRIKES OR LOCK-OUTS
5.01 (a) During the term of this Agreement, it is understood that the Union will not cause,
permit or authorize its members or employees covered by this Collective
Agreement to strike, slow-down, or engage in any work-stoppage or picketing
which will interfere in any way with the Employer's operations.
5.02
(b) During the term of this Agreement, it is understood that no employee covered by
the tenns of this Agreement shall strike, sit-down, slow-down or engage in any
work-stoppage, picketing or collective activity which will interfere in any way with
the Employer's operations.
During the term of this Collective Agreement, it is lmderstood that no Union Officer
or Representative shall authorize, encourage, induce, participate in or assist in any such strike, sit
down, slowdown, work-stoppage, picketing, or collective activity which will interfere in any way
with the Employer's operations.
5.03 During the term of this Agreement, it is understood that the Union or any of its
Officers or Representatives will not cause, permit or authorize members or any employee in the
bargaining unit to refuse to cross any picket line, lawfully constituted or otherwise, at the site of
any Employer whatsoever, including the Employer herein.
5.04 During the term of this Agreement, it is understood that no employee covered by
the tcnns o('this Agreement sh<J11 refuse to cross any picket line, lawfully constituted or otherwise
at the site of the .Employer.
5.05 Any emp.loyce who ceases work or engages in any activity outlined in Paragraphs
5.01 to 5.04 may be discharged or otherwise disciplined by the Employer.
MTCC 638- 1 t~ 3 Concorde Place (201 7-2019}
5.06 The Employer agrees that it shall not lock-out employees during the term of this
Collective Agreement.
ARTICLE 6 - UNION REPRESENTATION
6.01 The Employer agrees to recognize one (1) employee who has completed his
probationary period as a Steward for the purpose of representing employees in the bargaining unit.
6.02 Such Steward shall be appointed by the Union from amongst employees in the
bargaining unit and, once appointed, the Union shall be required to notify the Employer of the
name of the Steward in writing.
6.03 The Union acknowledges and agrees that the Steward has regular duties to perform
in connection with his employment. Union business shall under no circumstances be conducted
during regular working hours.
6.04 Union business, including meetings with the Business Representative of the Union,
shall not take place on the premises of the Employer (except in the case of resident employees)
without the consent of the Employer. The Business Representative of the Union shall only have
access to the premises of the Employer when an appointment has been made with the Employer
and under no circumstances shall such visit interfere with the progress of work performed by
members ofthe bargaining unit.
ARTICLE 7 - NO ODISCRIMINATION
7.01 The parties agree that there will be no intimidation, discrimination, interference,
restraint or coercion exercised or practised by either of them or their representatives or members,
because of an employee's membership or non-membership in the Union or because of his activity
or lack of activity in the Union.
7.02 It is further agreed that there shall be no soLicitation of members, collection of dues,
or other Union activity on the premises of the Employer except as permitted by this Agreement or
specifically authorized by the Employer in writing.
M'l"CC 638 ··- 1 & 3 Concorde Place (2017-2019) Page 5
ARTICLE 8 - GRIEVANCE PROCEDURE
8.01 For purposes of this Agreement, a grievance is defined as a dilTerence arising
between the pmiies relating to the interpretation, application, administration or alleged violation
of this Agreement, including any question as to whether a matter is arbitrable.
8.02 It is the mutual desire of the parties hereto that complaints of employees shall be
adjusted as quickly as possible, and it is understood that an employee has no grievance until he has
first given the Employer the opportunity of adjusting his complaint. If an employee has a
complaint, such complaint shall be discussed with the Employer within three (3) working-days
after the circumstances giving rise to the complaint have originated or occurred. If the Employer
is unable to adjust the complaint to their mutual satisfaction within three (3) working-days the
employee may proceed with the Grievance Procedure within three (3) working-days following the
decision of the Employer.
8.03 A grievance of an employee properly arising under this Agreement shall be adjusted
and settled as follows:
Step No. 1
St ·p Nu. 2
The employee must submit a written grievance, signed and dated by the employee,
to the Employer. The nature of the grievance, the remedy sought, and the section
or sections of the Agreement which are alleged to have been violated shall be set
out in the grievance. The Employer will deliver its decision in writing within three
(3) working-days after receipt of the grievance in writing. Failing settlement, the
next step of the Grievance Procedure may be taken.
Within three (3) working-days following the decision under Step No. l, the
employee must submit the written grievance to the Property Tvlanager (or his
designate). Within three (3) working-days of the receipt of the grievance by the
Employer (or the Union in the case of a policy grievance), a meeting shall be held
to discuss the grievance. The gricvor must be present at this meeting. A decision
in writing shall be delivered by the party receiving the grievance within three (3)
working-clays after the meeting at which the grievance was discussed. Failing
settlement, either party may submit the matter to arbitration within five (5)
AHCC 638 - · 1 & 3 Concorde Place (2017-20/9) !'age 6
8.04
8.05
(a)
working~days after the reply at Step No. 2 is given. If no written request for
arbitration is received within such five (5) working-day period, the grievance shall
be deemed to have been abandoned.
Policv (;dcvancc
A grievance arising directly between the Employer and the Union concerning the
interpretation, application or alleged violation of the Agreement must be originated
under Step No. 2 within three (3) working-days of the event giving rise to the
grievance. Failing settlement under Step No. 2 within three (3) working-days, it
may be submitted to arbitration in accordance with Article 9. However, it is
expressly understood that the provisions of this paragraph may not be used by the
Union to institute a complaint or grievance directly affecting an employee which
such employee could himself institute and the regular Grievance Procedure shall
not be thereby bypassed. A policy grievance cannot result in a compensatory
remedy except a violation of Article 4 or 5.
I) isch a rge G l"icv :H1 ce
A grievance involving the discharge of an employee who has successfully
completed his probationary period must be reduced to writing and originated under
Step No. 2 within three (3) working-days of the employee being notified of his
discharge. Notwithstanding anything in this Agreement, a probationary employee
may be disciplined or discharged at the sole discretion of and for any reason
satisfactory to the Employer and the parties agree that such action shall not be
subject to the Grievance and Arbitration Procedures and does not constitute a
difference between the parties.
(b) Notwithstanding anything else in this Collective Agreement the following actions
sha 11 constitute just cause j()r immediate dismissal. It is agreed that whether or not
the act occurred is subject to the Grievance and Arbitration Procedures. However,
if an Arbi lrator finds that the act oceurrcd, the Arbitrator has no jurisdiction to
substitute a lesser penalty for the penalty of discharge as the parties agree that the
pt:nalty docs not constitute a ''difference" pursurmt to the {t1ho11r Ut•la ticw ·kl:
M!'CC 638- I & 3 Con cor de !'lace (20 17-20 19) Page 7
(i) sexual or physical harassment of any tenant/unit owner
8.06 No adjustment effected under the Grievance or Arbitration Procedure shall be made
retroactive prior to the date that the grievance was fonnally presented to the Employer, or, if
applicable, the date of alleged violation providing that it does not exceed the time limits set out in
Article 8.02
8.07 All agreements reached under the Grievance Procedures between the
representatives of the Employer and the Representative of the Union shall be final and binding
upon the Employer and the Union and the employee or employees involved.
8.08 No Union Representative or Steward may solicit grievances from employees during
the course of their normal duties.
8.09 Working-days for the purpose of the Grievance Procedure shall not include
Saturdays, Sundays or Statutory Holidays.
ARTICLE 9- ARBITRATION
9.01 If the Employer or the Union requests that a grievance be submitted to arbitration,
as hereinbefore provided, it shall make such request in writing addressed to the other party to this
Agreement and at the same time name a nominee. Within five (5) calendar days thereafter, the
other patty shall name a nominee provided, however, that if such patty fails to name a nominee as
herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shal1
have power to dTect such appointment upon application thereto by the party invoking the
Arbitration Procedure. The two (2) nominees shall attempt to select by agreement a Chairman of
the Arbitration Board. If they are unable to agree upon such a Chairman within a period of fourteen
(14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of
the Province of Ontario to appoint a Chainnan. If the parties mutually agree, a sole Arbitrator may
be substituted for a Board of Arbitration.
9.02 No person may be appointed as an Arbitrator who has been involved in an attempt
to negotiate or settle the grievance.
MTCC 638- J & 3 Concorde Place (2017-2019) Pane 8 "'
9.03 No matter may be submitted to arbitration which has not been properly carried
through all requisite steps of the Grievance Procedure.
9.04 The Board of Arbitration shall not have any power to amend, alter, modify or add
to any of the provisions of this Agreement or to substitute any new provision for any existing
provision, nor to render any decision inconsistent with the terms and provisions of this Agreement.
9.05 The Board of Arbitration shall not have power to substitute its judgement for that
of the Employer on any issue involving the exercise of discretion by the Employer under the terms
of the Agreement.
9.06 The proceedings of the Arbitration Board will be expedited by the parties hereto
and the decision of the majority, and where there is no majority, the decision ofthe Chairman will
be final and binding upon the parties hereto and the employee or employees concerned.
9.07 Each of the parties hereto will bear the expense of the nominee appointed by it and
the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration
Board.
9.08 The time limits set out in both the Grievance and Arbitration Procedures herein are
mandatory and the failure to comply strictly with such time limits except by the written agreement
ofthe parties shall result in:
(a) If the grievance has not been processed by tbe Employer within the prescribed time
limit, the grievance may be advanced to the next step by the grievor within the time
limit as prescribed;
(b) if the grievance has no l been processed by the gricvor (or in the case o C a policy
grievance by the Union) in accorclance with all of the time limits prescribed, the
grievance shall be deemed to have been settled and/or abandoned. Section 44(6) of
the L!.!!'.efl[_f(efr!!l!!L'.:~-'~t~J does not apply to this Agreement.
MTC'C 638-- I & 3 Concorde Place (2017-2019) Page 9
ARTICLE 10 - SENIORITY
10.01 New employees shall serve a probationary pe1iod of ninety (90) calendar days
before acquiring seniority rights, which shall then date back to their respective date of starting to
work with the Employer. Retention by the Employer of an employee shall be entirely and solely
within the discretion of the Employer. The above-noted probationary period may be extended by
agreement of the Union, the employee and the Employer. If the Employer decides to terminate an
employee at any time during the employee's probationary period or any extension thereof for any
reason whatsoever, such action by the Employer shall not be subject to the Grievance or Arbitration
Procedures and does not constitute a difference between the parties.
10.02 Upon successful completion of such probationary period, the employee's name will
be placed on the seniority list and credit shall be given for the number of days of work actually
completed by the employee with the Employer since the date of last hire.
I 0.03 In January of each year, the Employer shall prepare and post a seniority list of all
bargaining unit employees showing the employees' seniority according to the records of the
Employer. Seniority as posted shall be deemed to be final and not subject to complaint unless such
complaint is made in writing within ten (1 0) calendar days from the current date of posting, or in
the event the employee is on vacation at the time of posting, within ten (1 0) calendar days from
his return from vacation.
10.04 Loss nf Seniority and Ji:mploymcnt nights
An employee shall lose all service and seniority and shall be deemed to have been
terminated if he:
(a) quits, resigns, or is discharged;
(b) has been laid-off for three (3) calendar months or the employee's lengtJ1 of
seniority, whichever is shorter;
(c) is absent due to disability or illness (including W.C.B.) for a period of six
(6) calendar months or the employee's length of seniority, whichever is
shorter;
AnCC 638 --· I & 3 Concorde Place (2017--20/9) Page 10
(d) is absent from scheduled work for two (2) or more consecutive work-days
without obtaining written advance approval from the Employer;
(e) fails to return to work upon the expiration of a leave of absence, or utilizes
a leave of absence for a purpose other than that for which it was granted;
(f) when recalling an employee after lay-off, he shall be notified by registered
mail and any other reasonable method, and allowed seventy-two (72) hours
to report for work, and in the meantime, if an employee is recalled and is
not immediately available for work, other employees in seniority standing
shall be recalled but shall be temporarily employed until the senior
employee reports within the seventy-two (72) hour period as outlined. An
employee to whom a registered letter is sent in accordance with this Article
must contact the Property Manager within seventy-two (72) hours of the
notice of return to work if he wishes the Employer to hold the job open for
him for the full seventy-two (72) hour period. It shall be the employee's
responsibility to keep the Employer notified as to any change of his address
or telephone number so that they will be up to date at all times.
ARTTCLR 11 - STATUT{ RYHOLIDAYS
** Article 11.01 will only apply to Resident Superintendents and will not apply
to all other employees who shall be governed by Articles 11.02 through 11.1 0. Articles 11.02
through 11.10 shall not apply to Resident Superintendents.
11.01 (Resident Supcrin t •ntlcuts un lv) - Additional days-off on each of the following
days:
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day Civic Holiday
-MTCC 638 .. I & 3 Concorde Place (2017-2019)
Labour Day
'I'hanksgiving Day
Christmas Day Boxing Day
2 }.'Joater Days
Page 11
The Resident Superintendent shall be granted, at the Employer's option, either:
(a) the day-off with no change in salary and no additional monies paid;
or
(b) if the Resident Superintendent is required to work by the Employer on one
(1) of the above-noted days, the Resident Superintendent shall receive time
off equal to the time required on the Statutory Holiday within thirty (30)
days of the holiday with no change in salary and no additional monies paid.
11.02 An employee who has completed his probationary period and otherwise qualifies
under Article 11.05 hereunder shall receive the following paid holidays:
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
2 Floater Days
11.03 Should the Employer be required to observe additional paid holidays as a result of
legislation, it is understood that one ( 1) of the existing holidays recognized by the Employer shall
be established as the legislated holidays after discussion with the Union, so that the Employer's
obligations to provide for ( 12) paid holidays remains unchanged.
11.04 Holiday pay is ddined as the amount of regular, straight-time hourly pay [eight (8)
hours] exclusive of premiums, which an employee would have received had he worked a normal
shift. on the holiday in question.
11.05 In order to qualify for pay for a holiday (holiday pay), an employee shall complete
3 full scheduled shift on each of his working-days immediately prcccd.ing and immediately
following the holiday concerned unless the employee was ahsent due to:
MTCC 638 -I & 3 C'oncorde !'lace (2017-2019) Page 12
(a) verified illness or accident which commenced in the fi vc (5) calendar day
period prior to the holiday;
(b) vacation granted by the Employer;
(c) the employee's regular scheduled day-off.
11.06 An employee entitled to holiday pay hereunder shall not receive sick leave pay to
which he may otherwise have been entitled.
11.07 An employee who is required to work on any of the above-named holidays and who
actually works, shall receive one and one-half (1 Y2) times his regular straight-time hourly pay times
the number of hours actually worked. In addition, if such employee also qualifies for holiday pay
under the provisions of this Article, the employee shall receive at the option of the Employer,
either:
(a) holiday pay as defined hereunder;
or
(b) another working-day substituted for the holiday by the Employer within
thirty (30) calendar days after the holiday or such other time as the
Employer and employee may mutually agree upon. Failing such mutual
agreement, the substitute day will be scheduled by the Employer.
11.08 An employee who is scheduled to work on a paid holiday and who fails to do so
shall lose his entitlement to holiday pay unless the employee provides a reason for such absence
which in the opinion of the Employer is legitimate.
11.09 If a paid holiday(s) falls during an employee's vacation, his vacation shall be
extended accordingly, provided the employee qualiJies for the holiday pay.
11 .10 Jf a paid holiday falls during an employee's regular day- off, another day-off shall
be scheduled by the Employer provided the employee qualities for tbc holiday pay.
---... -------------~-,:c.--4'K." MICC o38 I & 3 Concorde Place (2()/7.2019) Page 13
ARTICLE 12 - HOlJRS-OF-\VORK AND OVERTIME FOR HOURLY-RATED EMPLOYEES
12.01 The Employer does not guarantee any hours per day or days nfwork per week with
respect to any employee covered by this Agreement.
12.02 The nom1al hours-of-work for hourly cleaning staff shall be fot1y-three and one
qum1er ( 43YI) hours per week inclusive of a one-half ('l'2) hour paid meal period, and inclusive of
paid breaks.
12.03 Work schedules shall be detennined exclusively by the Employer including
designation of days-off, and the scheduling of lunch periods and break periods.
12.04 Hourly employees shall be entitled to one (1) paid fifteen (15) minute break period
during each one-half ('l'2) shift.
12.05 Overtime shall be paid at the rate of one and one-half (1 1;2) times the employee's
regular straight-time hourly rate and shall be paid for all hours worked in excess of forty-four (44)
hours per week. Hours worked up to forty-four (44) hours per week shall be at the employee's
regular straight-time hourly rate.
12.06 It is understood that overtime must be authorized by the Employer before overtime
rates become effective. It is also agreed and understood that overtime when required by the
Employer is mandatory.
12.07 An overtime prcmmm will not be duplicated nor pyramided nor shall other
premiums pursuant to this Agreement be duplicated nor pyramided nor shall the same hours
worked be counted as part of the normal work-week and also as hours for which the overtime
premium is paid.
12.0R ( ';rll-Bat·l, l'av:
An employee called-back to work after leaving the premises (or in the case of a
resident cleaner alter completing his normal shift) who reports to work outside his normal
MTCC 638-- I & 3 Concorde Place (2017-2019) Page 14
hourly rate, no m<~tter what period of time is actu<11ly worked, no less than the equivalent of two
(2) hours pay at time and one-half (J ~'2) his regular straight-time hourly rate.
For purposes of clarity, this paragraph shall not apply to employees who are
scheduled to work before the commencement of their nonnal shift. Any calls that occur during
the normal guarantee period will be covered by the minimum guarantee.
ARTICLE 13 - HOURS-OF-WORK AND OVERTIME FOR SALARIED EMPLOYEES (RESIDENT SUPERINTENDENTS)
13.01 The Employer does not guarantee any hours per day or days of work per week with
respect to any employee covered by this Agreement.
13.02 The normal hours-of-work for Resident Superintendents shall be forty (40) hours
per week and eight (8) hours per day exclusive of a one-half (~) hour unpaid meal period.
Additional hours may be required from time-to-time but the Employer shall endeavom to keep
such requests to a minimum.
If a Resident Superintendent is called-in to work during his scheduled days-off, he
shall receive pay at one and one-half times (I~) his daily average pay or time-off in lieu of
payment, at the option of the Employer.
13.03 Work schedules shall be determined exclusively by the Employer including
designation of days-off, and the scheduling of lunch periods and break periods.
13.04 Resident Superintendents shall be entitled to one (1) paid fifteen (15) minute break
period during each one-half('/:.~.) shift.
13.05
(a)
('all-Bad\ l'av:
As part of their norrncll duties, Superintendents will be reqnired to make themsc.lves
available and be on-call l'lx evening duties. Such on-call duty shall be scheduled
on an alternating basis by the Employer. Superintendents must be able to be
contacted during this on-call period, and he available to nssume whatever on-site
duties may be necessary within fifteen (15) minutes of the call .
Page 15
(b) If a Superintendent who is not on-call on a particular evening but is called into
work, the Employer agrees to pay the Superintendent a flat rate of one hundred
dollars ($125 .00) per evening.
(c) In the event that a Superintendent who is scheduled to be on-call is unable to fulfil
on-call duties due to illness or vacation, the other Superintendent will assume the
on-call duties and the schedule will be adjusted accordingly to ensure that each
Superintendent assumes an equal number of on-call evening duties and weekend
duties. Such equalization will not trigger Paragraph (b).
ARTICLE 14 - VACATION PAY
[One (I) VACATION WEEK is equal to one (I) calendar week.]
I4.0I Hourlv-R.at d Emulovccs :
(a) Employees who have completed less than one (I) year of continuous service as of
May 3I st shall be entitled to an annual vacation of .833 days for each completed
month of service to a maximum of nine (9) working-days and shall be paid four
percent (4%) of their earnings since their date of hire.
(b) An employee with one (1) or more years of continuous service as of May 31 51 shall
be entitled to an annual vacation of two (2) weeks and shall be paid four percent
(4%) of their earnings during the twelve (12) month period preceding May 3I 51 of
each year.
(c) An employee with five (5) or more years of continuous service as of May 3 P 1
shall be entitled to an annual vacation of three (3) weeks and shall be paid six
percent (6%) of their earnings during the twelve (12) month period preceding
May 31st of each year.
(d) An employee with ten (1 0) or more years of continuous service as of May 3 P',
shall be entitled to an annual vacation of four (4) weeks, and shall be paid eight
(WY()) percent of their earnings during the twelve (12) monlh period preceding
May 31st of each year.
A4TCC 638-- I ell- 3 Concorde Place (2017-2019) Page 16
(e) An employee with twenty (20) or more years of service as ofMay 3P', shall
be entitled to an annual vacation of five (5) weeks, and shall be paid ten
percent (l 0%) of their earnings during the twelve (12) month petiod
preceding May 31st of each year.
(f) Vacation pay shall be determined on the basis of the employee's gross
earnings during the vacation year excluding the previous year's vacation
pay, calculated as of the pay period immediately preceding May 31st, and
paid to the employee at that time.
14.02 Salaried Employees- Resident Superintendents:
(a) Employees who have completed less than one (1) year of continuous service
as of May 3 P1 shall be entitled to an annual vacation of .833 days for each
completed month of service to a maximmn of nine (9) working-days.
(b) An employee with one (1) or more years of continuous service as of May
31 51 shall be entitled to an annual vacation of two (2) weeks.
(c) An employee with five (5) or more years of continuous service as of May
31 51 shall be entitled to an annual vacation of three (3) weeks.
(d) An employee with ten (10) or more years of continuous service as of May
31 5', shall be entitled to an annual vacation of four (4) weeks with pay.
(e) An employee with twenty (20) or more years of continuous service as of
May 31 5', shall be entitled to an annual vacation of five (5) weeks with pay.
(f) Vacation pay shall be an amount equivalent to the employee's salary
continuation during the period of absence on vacation.
14.03 Vacation shall not be cumulative from year-to-year.
A4TCC 638 1 & 3 Concorde 1'/ace (2017-2019) Page 17
14.04 The scheduling of vacation periods for all employees shall be mutually agreed
between the employee and the Employer. Should the parties be unable to mutually agree upon the
time, the decision will be that of the Employer. Should there be a dispute between two (2)
employees for the same time period off, seniority shall govern.
14.05 The vacation year shall be June P1 to May 3 P1 of each year and vacation pay for
hourly-paid employees shall be paid on the last pay date in May.
ARTICLE 15 - HEALTH AND WELFARE
15.01 The Employer agrees to contribute for those employees who have completed
probation, in the employ of the Employer the amounts set out below (plus applicable taxes) for
each employee, into Labourers' Local 183 Industrial Benefit Fund, jointly administered by an
equal number of Employer and Union Tmstees, for the purpose of purchasing life insurance,
major medical, dependent life, short term disability, dental plan or similar benefits for the employees
covered by this Agreement, represented by LIUNA Local 183.
Effective January 1, 2017 Effective January 1, 2018 Effective January 1, 2019 $250.00 $250.00 $260.00
15.02 Pension:
The Employer shall contribute the amounts set out below ,per employee per
hour to the Labourers' Pension Fund of Central and Eastern Canada. This is to be a flat
contribution of one hundred and fifty (150) hours per employee per month.
Effective January 1, 2017 Effective January 1, 2108 Effective January 1, 2019
$1.45 $1.55 $1.65
15.03 Retirement Fund:
The Employer agrees to contribute five cents ($0.05) per hour for each employee
covered by this Agreement and remi l into the locall83 Retiree Benefit Trust Fund for the
purpose of purchasing benefits as conlemplated by the Agreement and Trust establishing the
said Retiree Benefit Fund as follows:
MTCC 638-1 & 3 Concorde Place (2017-2019) Page 18
The Employer shall remit the contributions to lhe Retiree Benefit Fund
monthly, together with a duly completed Employer's Report Form by the Jifteenlh (15 1") day
of the month following the month for which the payment is due. After successful completion
of the probation period.
15.04 The Employer shall remit the contributions referred to in Article 15.01, 15.02
and 15.03 not later than the fifteenth (15th) day of the month following the month for which
the contributions were made. (October 15th remittance which is the September work-month,
pro vi des November 1 st, benefit coverage.)
15.05 The amounts payable pursuant to Articles 15.01, 15.02 and 15.03 shall
not exceed $35,640.00 fortheyear of2017, $36,720.00 for the year of2018 and $38,577.60
for the year of 2019, per during the term of this Collective Agreement, provided that if the
employer increases the number of its employees beyond the cun·ent number of six the
maxima above will increase pro rata.
ARTICLE 16 · SICK LEAVE
16.01 Employees shall be entitled to income protection for legitimate, verifiable illness
on the following basis:
(a) employees will only be entitled to income protection under this Article who
have successfully completed their probationary period;
(b) no pay shall be received under this Article for employees eligible for
Workers' Compensation benefits;
(c) benefits will commence on the first day if the disability (absence) is due to
accident (excluding W.C.B.) and on the third day if the absence is due to
sickness;
(d) income protection received shall amount to seventy percent (701X,) (less
withholding income tax) of the employee's average weekly wages;
(c) income protection shall be recei vcd commencing as stated above and
MTCC 638 I & 3 Concorde Place (2017-2019) P<Jgc 19
continuing to the tenth (I O'h) working-day to "until Government E.I.
comes into effect". Benefits provided by the .Employment Insurance
Commission, .if applicable, will apply thereafter;
(f) any absence due to illness or disability, whether or not covered by the
provisions of this Article, any, at the Employer's sole discretion, require
verification by a medical certificate that in the opinion of the Employer is
satisfactory as a prerequisite to the receipt of benefits under this Article.
16.02 In order to qualify for income protection as outlined above, employees must notify
the Employer, or designated representative of the Employer, at least two (2) hours prior to the start
of their shift.
16.03 No payments will be made for a disability resulting from pregnancy or any related
illness during the period commencing ten (10) weeks prior to the expected week of confinement
and ending six ( 6) weeks after the week of confinement.
ARTICLE 17 - JURY DUTY
17.01 An employee who has successfully completed the probationary period and who is
required, and reports for jury duty in any court of law, shall not lose pay at his regular straight
time hourly rate, for all regularly scheduled hours which the employee would otherwise have
worked because of such attendance provided that the employee:
(a) informs the Employer immediately upon being notified that the employee
will be required to attend court;
(b) presents proof of service requiring the employee's attendance;
(c) deposits with the Employer the full arnoullt of compensation received for
such jury duty, excluding mileage, travelling and meal allowances and an
official receipt thereof; and
(d) notwithstanding the above provJsJons, 111 order to qualify for payment
MTCC 638 · I & 3 Concorde Place (2017-2019) Page 20
hereunder, the employee will report to the Employer for work during those
regular hours of work or assignment that he is not required to attend cou1t.
ARTICLE 18 - BEREAVEM.EN'I' LEAVE
18.01 (a) Bereavement leave of five (5) days with pay will be granted by the Employer upon
the death of a parent, spouse, child, brother, sister or grandparent. Bereavement
leave of three (3) days with pay will be granted by the Employer upon the death of
a mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son
in-law, aunt, uncle, niece, and nephew. The Employer may request acceptable
proof to substantiate the employee's claim.
ARTICLE 19 - PERSONAL LEAVE OF ABSENCE
19.01 Upon application from an employee, the Employer may grant an unpaid leave of
absence for legitimate personal reasons. Such leave shall be considered on the following basis:
(a) The employee must have completed the probationary period successfully;
(b) The application must be received one (1) month in advance;
(c) The application must state the purpose ofthe leave and the duration, which
shall not exceed one (I) month;
(d) The Employer may determine in its sole discretion whether or not such
leave can be accommodated given the needs ofthe Corporation.
ARTICLE 20 - WAGES
20.01 for the purpose of caleulating any benefit under this Agreement to which an
employee is entitled, the regular straight- time rate-of-pay is that prescribed in Schedule "A" -
Wage Rates, of this Collective Agreement.
ARTICLE 21 - lJNIFORMS
-M1CC 638 ·- 1 & 3 Concorde Place (2017-2019) Page 21
21.01 The Employer shall continue its present practice (in effect as at the date of signing
this Collective Agreement) of providing uniforms provided that unifonns are required by the
Employer.
21.02 It is the responsibility of the employee to maintain the uniforms in good condition
and to return any uniforms in his possession on the last day of employment.
ARTICLE 22 - JOB POSTING
22.01 A determination ofthe existence of a vacancy shall be in the sole discretion ofthe
Employer.
22.02 When the Employer determines that a vacancy exists, a notice shall be posted in
the workplace for five (5) calendar days.
22.03 Nothing herein prevents the Employer from considering applicants from outside of
the bargaining unit if bargaining unit employees are not qualified for the vacancy as per Article
22.04.
22.04 In assessing the applicants, the Employer shall consider the following factors:
(a) skill, ability, experience, qualifications, suitability, competence, education and efficiency;
(b) seniority (if applicable) with the Employer.
When, in the sole judgement ofthe Employer, the factors in (a) are relatively equal,
seniority (if any) shall govem. It is understood and agreed that the Employer shall be the sole
judge of the overall requirements for the position and the sole judge of assessing the applicants as
per (a) above.
22.05 An employee selected as a result of a posted vacancy need not be considered for a
fu1iber permanent vacancy for a period of up to six (6) months from the date of his selection.
22.06 In the event that the vacancy referred to above IS filled by a member of the
--
MTCC 638 ~I & 3 Concorde Place (20/7-2019) Page 22
bargaining unit, the vacancy resulting from the transfer of the successful applicant shall not be
subject to the posting requirement.
ARTICLE 23 - LAY-OFF AND RECALL
23.02 When the Employer decides that a lay-off is necessary, or following a lay-off that
a re-call is warranted, the following factors should be considered:
(a) skill, ability, experience, qualifications, suitability, competence and efficiency;
(b) seniority.
When, in the sole judgement of the Employer, the factors in (a) are relatively equal,
seniority shall govern. It is understood and agreed that a claim of an improper lay-off or recall
may be grieved.
ARTICLE 24 - DURATION OF AGREEMENT
24.01 This Agreement shall remain in effect to and including December 31, 2019, and
shall automatically be renewed from year-to-year thereafter unless either party notifies the other
party in writing of its desire to amend or terminate this Collective Agreement. Such notice shall
be sent to the other party within ninety (90) days of the termination date of this Collective
Agreement noted herein.
DATED at Toronto, Ontario, this 611! day of March, 2017.
FOR THE EMPLOYER FOR THE UNION (MTCC#638
-MTCC 638- I & 3 Concorde Place (2017-2019) Page 23
SCHEDULE "A"
WAGES
A. Su pcrin tcndcn ts
A.O 1 Resident Superintendents shall receive as part remuneration for the position of
Resident Superintendent an apartment, basic telephone service and one (1) parking space (subject
to the provisions of the Jn cvnw 1'n. -Acl, as it relates to taxable benefits).
A.02 The existing Resident Superintendents shall be paid as follows during the terms of
this Collective Agreement:
January 1,2017
January 1, 2018
January 1, 2019
Yearly Salary
$51,350.25
$52,384.46
$53,439.35
A.03 Any new Resident Superintendents that may be hired after the date of ratification
shall be paid as follows:
Effective
Jarwary I, 2017
January J, 2018
.January 1,2019
* N .. B.
Start Rate
$36,665.26
$37,405.77
$38, I 61.08
12 Month Rate
$38.045.85
$38,813.97
$39,597.44
Employee(s) wilh three (3) or more years of continuous service shall
receive the same rate-of-pay/salary as the senior employee, employed in the same
classification.
MTCC 638 .... 1 & 3 Concorde Place (20 I 7-20 19) Page 24
As a result of the increase in taxable benefit, should the Superintendents net take
home pay decrease, both the Employer and the Union will agree to review the
matter.
A.04 In the event the Corporation decides to hire a "Non-Resident" Superintendent, the
Employer shall determine the rate-of-pay for such new classification and notify the Union of the
same. The Union shall have ten (10) calendar days to fotmally protest such rate-of-pay. If no
fom1al protest is lodged in writing within ten (1 0) calendar days of the date the original notice was
received by the Union by registered mail, a new classification shall be deemed to be a modification
of Schedule "A". In the event a fonnal protest is made by the Union, the party shall arrange for a
meeting for the purpose of endeavouring to resolve any difference within ten (1 0) calendar days
of receipt by registered mail by the Employer of the Union's protest. If the differences between
the pruiies are not resolved, the Union shall have the right to refer the matter to arbitration within
ten ( 1 0) calendar days of such meeting.
MTCC 638 · 1 & 3 Concorrle Place (20 17-2019) Page 25
B. Cleaners I lourlv R:1tc-of-Pav
B.O 1 The existing Cleaners shall be paid as follows during the term of this Collective
Agreement:
January 1, 20 l 7 $15.94
January 1,2018 $16.26
January 1,2019 $16.58
B.02 Any new cleaners hired following ratification, shall be paid on the following scale:
*
Effective Date
January 1,2017
January 1,2018
January 1,2019
Start Rate
$15.13
$15.43
$15.74
1 Year Rate
$15.45
$15.77
$16.08
N.D. Employee(s) with three (3) or more years of continuous service shall receive the same rate-of-pay/salary as the senior employee, employed in the same classification.
··---- -- - -==- ..,.,·===~~-~~~ ..... ·~-=-~~---MTCC 638 ·-·· J & 3 Concorde Place (2017-2019) Page 26
C.
January 1, 2017
January 1, 2018
January 1, 2019
SCHEDULE "C'
$16.28
$16.61
$16.94
J""ETTER OF UNDERSTANDING
BETWEEN:
METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 638
- and -
LIUNA LOCAL 183
It is agreed that all parties concerned that the taxable benefit for the Superintendent living accommodation is as follows:
1 Concorde Place DON MILLS, Ontario
Yearly fair market value X 70% = yearly taxable benefit
January 1,2017 $15,885.88 x 70% = $11,120.12
January 1,2018 $16,203.59 x 70% = $1 1,342.51
January 1,2019 $16,527.66 x 70% = $11,569.36
3 Concorde Place DON MILLS, Ontario
Yearly fair market value X 70% == yearly taxable benefit:
January 1,2017 $8,607.68 X 70%
January I, 2018 $8,779.S4 X 70%
January 1, 2019 $S,955.t.13 » 70%
MHX 638- I ,\l- 3 Concorde Place (2017-2019)
$6,025.38
$6,145.89
$6,26H.81
Page 28
DATED at NORTH YORK, Ontario, this 6 11'" day of \1 ~ ,2017.
FOR THE CORPORATION (MTCC #638)
~~
MTCC 638- 1 & 3 Concorde Place (2017-2019)
FOR THE UNION
Page 29