disposal services 2016

8/2/2019 Disposal Services 2016

http://slidepdf.com/reader/full/disposal-services-2016 1/32

COLLECTIVE AGREEMENT

Between

DISPOSAL SERVICES LTD.

And

NEWFOUNDLAND & LABRADOR ASSOCIATIONOF PUBLIC & PRIVATE EMPLOYEES

(Expiry: February 21, 2016)



TABLE OF CONTENTS

ARTICLE PAGE

1. Purpose of Agreement 12. Union Recognition 13. Management Rights 24. Definitions 25. No Discrimination 46. Check Off Payments 47. Postings and Vacancies 58. Grievance and Arbitration Procedure 69. Arbitration 810. Employee Categories 9

11. Seniority 912. Probation, Discharge, Suspension and Discipline 1013. Layoff and Recall 1214. Hours of Work and Overtime 1315. Shift Scheduling and Work Assignments 1416. Wages by Job Classification 1417. Statutory Holidays 1518. Annual Leave 1619. Bereavement Leave 1720. Sick Leave 1721. Union Activities and Leave 1722. Unpaid Leave 1823. Workers Compensation 1924. Safety 1925. Contracting Out 2126. Clothing/Tool Allowance 2127. Health Care Plan 2128. General Provisions 2129. Duration 2230. Salaries 23Schedule “A” 24Memorandum of Understanding 25



ARTICLE 1 PURPOSE OF AGREEMENT

1:01 The purpose of this Agreement is to promote and maintain harmoniousand mutually beneficial relationship between the Employer, theEmployees and the Union to set forth certain terms and conditions of

employment relating to remuneration, hours of work, safety, employeebenefits and general working conditions affecting employees coveredby this Agreement.

1:02 In the event that there is a conflict between the context of thisAgreement and any regulation or policy made by the Employer, thisAgreement shall take precedence over said regulation or policy.

1:03 For the purpose of this Agreement, the masculine shall be deemed toinclude the feminine, and the plural indicates the singular and viceversa, as the context may require.

ARTICLE 2 UNION RECOGNITION

2:01 (a) The Employer recognizes the Union as the sole and exclusivebargaining agent for the class of employees listed in Schedule“A”

(b) Management and excluded personnel shall not work on any jobs which are included in the bargaining unit except for thepurpose of instruction, experimenting, reviewing an employee’swork performance, in the case of emergencies or whenBargaining Unit Employees are not available.

2:02 (a) When new classifications are developed, the Employer willimmediately notify the Union, in writing, as to whether suchclassifications should be included or excluded from thebargaining unit and provide reasons for exclusion.

(b) Should the parties not agree on the exclusion of any specificclassification, the matter will be immediately referred to theLabour Relations Board for adjudication.



ARTICLE 3 MANAGEMENT RIGHTS

3:01 Right to Manage

The Union recognizes the undisputed right of the Employer to operate

and manage its operations in all respects in accordance with itscommitments and responsibilities, and to make and alter, from time totime, rules and regulations to be observed by employees. Such rulesand regulations shall not be inconsistent with the provisions of thisAgreement.

ARTICLE 4 DEFINITIONS

4:01 (a) “Bargaining Unit” means the bargaining unit recognized in the

Certification Order, and additions or deletions as mutuallyagreed and included in the Collective Agreement.

(b) “Bargaining Unit Work” means work normally being performedby the bargaining unit employees and related to the day to dayoperation.

(c) “Classification” means the identification of a position byreference to a class title and rate of pay.

(d) “Day” means a working day unless otherwise stipulated in thisAgreement.

(e) “Employee or employees” where used, is a collective term,except as otherwise provided herein, including all personsemployed in the categories of employment contained in thebargaining unit.

(f) “Employer” means Disposal Services Ltd.

(g) “Grievance” means a dispute arising out of a interpretation,application, administration or alleged violation of the terms ofthis Agreement.

(h) “Lay-off” means the period of time when an employee is absentfrom work without pay as a result of a lack of work or reductionin hours.

(i) “Leave of Absence” means absence from duty with thepermission of the Employer.



(j) “Month of Service” means a calendar month in which anemployee is in receipt of full salary or wages in respect of theprescribed number of working hours in each working day in themonth and includes a calendar month in which an employee isabsent on special leave without pay not in excess of twenty (20)

working days.

(k) “Notice” means notice in writing which is hand delivered or delivered by registered mail.

(l) “Overtime” means work performed by an employee in excess of his/her bi-weekly schedule.

(m) “Probationary Employee” means a person who has worked lessthan the prescribed probationary period.

(n) “Promotion” means the movement of an employee from anexisting classification to a higher classification. Promotion alsomeans the movement of an employee from a temporary positionto a permanent position.

(o) “Schedule” means a document in writing and posted in a placeaccessible to all employees.

(p) “Service” means any period of employment either before or after the date of signing of this Agreement in respect of which anemployee is in receipt of salary or wages from the Employer and

includes periods of special leave without pay.

(q) “Temporary Employee” means a person who is employed for aspecific period or for the purpose of performing certain specifiedwork and who may be laid off at the end of such period or oncompletion of such work.

(r) “Union” means the Newfoundland and Labrador Association ofPublic and Private Employees with headquarters in St. John’s,Newfoundland.

(s) “Vacancy” shall mean an opening in any bargaining unit positionthat the Employer requires to be filled that is expected to be offour (4) weeks duration or longer and in respect of which thereis no employee eligible for recall.

(t) “Week” means a period of seven (7) consecutive daysbeginning at 0001 hours Sunday morning and ending at 2400hours on the following Saturday night.



(u) “Year” means a calendar year.

ARTICLE 5 NO DISCRIMINATION

5:01 (a) The Employer agrees that there shall be no intimidation ordiscrimination against any employee by reason of the legitimateactivities of that employee as a member, Shop Steward orOfficer of the Union.

(b) The Employer agrees that neither it, nor any of its officers oremployees shall intimidate or discriminate against anyemployee for any reason. Nothing in this Article shall beconstrued as restricting the ability of the Employer to impose

discipline upon an employee in an appropriate manner.

(c) The Union agrees that neither it, nor any of its officers ormembers shall intimidate or discriminate against any officer ofthe Employer or any other employee for any reason.

(d) Discrimination means the subordination of groups or individuals,resulting from distinction, preference, restriction or exclusionthat is based on improper grounds and may involve unequaltreatment or may result from the differential impact of a neutralpolicy or practice.

ARTICLE 6 CHECK-OFF OF UNION DUES

6:01 Check Off Payments

The Employer shall deduct from every employee coming within thebargaining unit, the monthly dues of the Union.

6:02 Deductions

Deductions shall be forwarded to the President of the Union not laterthan the 15th day of the month. The Employer will forward to the Unionwith the first dues deduction cheque following signing of the

Agreement, a list which shows each employee’s full name,classification title or number and social insurance number. Eachmonth thereafter a list showing additions and deletions will beforwarded with the dues deduction cheque.



6:03 T4 Slips

The Employer agrees that when issuing T4 slips, the amount ofmembership dues paid by the employee to the Union during the

previous taxation year will be recorded on his/her T4 statement.

6:04 Deductions to be Made

The Union shall inform the Employer of the monthly dues to bededucted.

ARTICLE 7 POSTINGS AND VACANCIES

7:01 Job Postings

(k) Whereas the parties recognize that opportunity for promotionshould increase with length of service, they therefore agree thatseniority and qualifications shall each receive equalconsideration as factors in determining which employees shallbe promoted, transferred or demoted. The Employer shall setthe qualifications for the job posting. The qualifications shall beconsistent with the work required to be performed in theclassification and shall not be established in an arbitratory ordiscriminatory manner. Where candidates are deemed to berelatively equal, seniority shall govern.

The Employer shall make a determination as to thequalifications and ability of an employee in a fair and equitablemanner and any such determination shall be subject to thegrievance procedure.

(l) When a vacancy occurs or a new position is created inside oroutside the bargaining unit, the Employer shall post a notice ofthe position in accessible places on the Employer's premises fora period of not less than five (5) calendar days. Copies of allpostings are to be supplied concurrently to the Shop Steward.

(m) For vacancies or new positions inside or outside the bargainingunit such notices shall contain the following information: title ofposition, qualifications, required knowledge and education,skills, wage or salary rate or range and whether shift work couldbe involved. Such qualifications may not be established in anarbitrary or discriminatory manner.



7:02 When a vacancy occurs in an established position within the

bargaining unit, or when a new position is created within the bargainingunit, employees who apply for the position or promotion or transfershall be given preference on the basis of qualifications and seniority.

Where two or more employees are considered by the employer to berelatively equally qualified, seniority shall prevail.

7:03 The name(s) of the successful applicant(s) to all job postings shall besent to the Union Local President or Shop Steward within seven (7)days of the appointment.

7:04 Training

(a) The Employer shall give preference to senior employees withrespect to training opportunities leading to job advancement

provided the employee has the qualifications and hasdemonstrated the necessary ability to perform the job function.

(b) Provided it is practical to maintain the efficient operation of theDepartment, the Employer shall provide training opportunitiesfor employees to upgrade their qualifications with theDepartment.

(c) The Employer will reimburse any employee for the tuition feepaid by that employee in taking and satisfactorily completing atraining or educational course taken at the request or with theapproval of the Employer.

ARTICLE 8 GRIEVANCE AND ARBITRATION PROCEDURE

8:01 Definition of Grievance

A grievance shall be defined as a dispute arising out of theinterpretation, application or alleged violation of the CollectiveAgreement.

8:02 Prompt Procedure

In order to provide an orderly and speedy procedure for the settling ofgrievances, the Employer acknowledges the rights and duties of theUnion Steward to assist any employee in preparing and presentinghis/her grievance in accordance with the Grievance Procedure.



8:03 Settling of Grievances

An earnest effort shall be made to settle grievances fairly and promptlyin the following manner:

Step 1:

An employee who alleges that he has a grievance must first presentthe matter to his immediate out of scope supervisor in writing, throughhis shop steward, within five (5) working days. The supervisor shallwithin a further five (5) working days meet with the shop steward andthe grievor and an earnest effort shall be made by all parties to settlethe grievance at this stage.

Step 2:

Failing settlement being reached in Step 1, the employee may, within afurther five (5) working days, refer the grievance to the Chief OperatingOfficer or his/her designate, who shall render a decision within five (5)days.

Step 3:

Either party may refer the dispute to arbitration within fifteen (15)calendar days of the Chief Operating Officer’s decision in Step 1.

8:04 Time Limits

Notwithstanding any other provisions of this Article, time limits fixed bythis Article shall be considered mandatory. Failure to meet same bythe Union shall be fatal to the grievance. If the Employer fails to meetthe time limits so fixed by this Article, then the grievance shall bedeemed to be upheld and the redress sought implemented.

8:05 Policy Grievance

Where a dispute arises involving a question of general application orinterpretation of this Agreement, the Union may initiate a grievanceand shall commence at Step 2.

8:06 Discharge and Suspension

Grievances involving an employee’s discharge or suspension may besubmitted at Step 2.

8:07 Technical Objections to Grievances



No grievance shall be defeated or denied by a technical objectionoccasioned by a clerical, typographical or similar technical error or bythe inadvertent omission of a Step in the Grievance Procedure.

ARTICLE 9 ARBITRATION

9:01 Notification of Arbitration

When either party requests that a grievance be submitted toarbitration, the request shall be in writing. The request shall include asuggested name to act as sole Arbitrator in the dispute. In matters ofdiscipline, the Union shall have the option of an Arbitration Board.

9:02 Failure to Agree

If the parties fail to agree on an acceptable Arbitrator, the Minister ofEnvironment and Labour shall appoint an Arbitrator upon the requestof either party.

9:03 Arbitration

The Arbitrator shall determine his/her own procedure but shall give fullopportunity to all parties to present evidence and makerepresentations. In his/her attempts at justice, the Arbitrator shall, asmuch as possible, follow a layman's procedure and shall avoidlegalistic or formal procedures. He/she shall hear and determine thedifference or allegation and render a decision within ten (10) days fromthe time of appointment.

9:04 Decision of the Arbitrator

The decision of the Arbitrator shall be final, binding and enforceable onall parties and may not be changed. The Arbitrator shall not have thepower to change this Agreement or to alter, modify or amend any of itsprovision. However, the Arbitrator shall have the power to dispose of agrievance by any arrangement which he/she deems just and equitable.

9:05 Expenses of the Arbitrator/Arbitration Board

Each party shall pay one-half (½) of the fees and expenses of theArbitrator. Where an Arbitration Board is selected, each party will paythe fees and expenses of its own nominee and one-half (½) of the feesand expenses of the Chair.



9:06 Amending of Time Limits

The time limits fixed in the Arbitration Process may be extended bymutual agreement between the parties.

ARTICLE 10 EMPLOYEE CATEGORIES

10:01 (a) Full Time

Full Time employees are employees who are regularlyscheduled to work five (5) or more days per week.

(b) Part Time

Part Time employees are employees who are scheduled to workless than five (5) days per week.

(c) Temporary Employee

Temporary Employee means a person who is employed for aspecific period for the purpose of performing specified work or toreplace full-time and part-time employees for periods of shortand long duration. Temporary Employees may be laid off at theend of such period or on the completion of such work.

ARTICLE 11 SENIORITY

11:01 Seniority Defined

Seniority is the length of service of the employee from the original dateof hire.

11:02 Application of Seniority

Seniority shall apply to all employees of the Employer as that term isdefined in this Collective Agreement and Certification Order.

11:03 Loss of Seniority

An employee shall lose seniority in the event that:



(a) he is discharged for just cause and is not re-instated by an

Arbitrator or under the Grievance Procedure;

(b) the employee resigns in writing and does not withdraw the letter

of resignation within five (5) calendar days of its submission

(c) he is absent from work in excess of four (4) working dayswithout the approval of the Manager or without sufficient cause;

(d) he fails to return to work following lay off within five (5) workingdays after being notified in writing to do so.

(e) he is laid off or on leave without pay for a period longer thantwelve (12) months.

ARTICLE 12 PROBATION, DISCHARGE, SUSPENSION AND DISCIPLINE

12.01 (a) Probation for Newly Hired Employees

The probationary period shall be one hundred and twenty (120)workdays for all employees. The probationary period for parttime employees shall be equal in working hours to that of a fulltime employee. During their probationary period, suchemployees shall be entitled to all benefits of this agreementexcept the right to grieve termination for reasons of unsuitability.

Employees who remain in the employ of the Employer for theircomplete period of probation shall have seniority effective fromtheir most recent date of hire.

While on probation, employees will be recalled in order ofseniority.

(b) Suspension and Discharge Procedure

Subject to Clause 12:01 (a) any employee who claims to havebeen unjustly disciplined, suspended or discharged shall havethe right to be heard in accordance with the GrievanceProcedure under this Agreement. Any employee who isdisciplined, suspended or discharged shall be provided withwritten notification within five (5) working days of the incidentwhich gave rise to the discipline. Such written notifications shallstate the reason for the discipline, suspension or discharge. If



the procedure is not followed, the discipline shall be null andvoid.

12:02 Unjust Suspension or Discharge

Should it be found upon investigation that an employee has beenunjustly suspended or discharged, the employee shall be immediatelyre-instated in his/her former position without loss of seniority and shallbe compensated for all time lost in an amount equal to his/her normalearnings during the pay period next preceding such discharge orsuspension or by any other arrangement as to compensation which is

just and equitable in the opinion of the parties or in the opinion of theArbitrator, if the matter is referred to an Arbitrator.

12:03 Warnings

Whenever the Employer deems it necessary to censure an employeein a manner indicating that dismissal or suspension may follow anyfurther infraction or may follow if such employee fails to bring his/herwork up to a required standard by a given date, the Employer shall,within seven (7) calendar days, give written particulars of such censureto the employee involved. If this procedure is not followed, suchwritten censure shall not become part of his/her record for use againsthim/her at any time.

12:04 Adverse Report

The Employer shall notify an employee in writing of any dissatisfactionconcerning his/her work within seven (7) calendar days of theEmployer's becoming aware of the event of the complaint. Thisnotification shall include particulars of work performance which led tosuch dissatisfaction. If this procedure is not followed, such expressionof dissatisfaction shall not become part of his/her record for useagainst him/her at any time. The employee's written reply to suchnotification of dissatisfaction shall become part of his/her record.

Any adverse report or warning given in writing and becoming part of anemployee's personal file shall be removed from the personal file aftertwelve (12) months have elapsed. The employee shall be responsibleto see that any such documents are removed.

12:05 Personal Files

There shall be one (1) official personal file which shall contain alladverse reports and records of disciplinary action. An employee shall,



at any reasonable time, be allowed to inspect his/her personal file andmay be accompanied by a representative of the Union.

12:06 May Omit Grievance Steps

An employee considered by the Union to be wrongfully or unjustlydischarged or suspended or subject to disciplinary action shall beentitled to a hearing under Article 8, Grievance Procedure. Step 1 ofthe Grievance Procedure may be omitted in cases of suspension ordischarge.

ARTICLE 13 LAYOFF AND RECALL

13:01 Notice of Layoff - Permanent Employees

Permanent employees shall be given a ten (10) day notice of layoff. Ifnotice is not given, employees shall be paid in lieu of notice.

13:02 Application of Seniority on Layoff

Should a layoff occur, employees are to be laid off in reverse order ofseniority, in their classification. For purposes of this Clause, temporaryemployees shall be the first to be laid off.

13:03 Communications with Employees on Lay-Off

The Employer agrees to advise a permanent employee of his/her recallrights in writing at the time of lay-off.

13:04 Application of Seniority on Recall

Employees shall be recalled in order of seniority starting with the mostsenior permanent employee.

In no case will an employee be promoted as a result of application ofseniority on recall.

13:05 Subject to being deemed qualified, employees who are laid off shallhave the right to bump the junior employee in his classification. If theemployee is junior in his classification he shall have the right to bumpthe junior employee in a lower classification or take a layoff.



ARTICLE 14 HOURS OF WORK AND OVERTIME

14:01 (a) Hours of work will be based on shifts of twelve (12) hours,inclusive for a total of sixty (60) hours weekly or one hundredand twenty (120) bi-weekly.

(b) Employees shall be entitled to two (2), two (2) consecutive daysof rest in a bi-weekly period.

(c) All shifts will be shared on an equitable basis.

(d) The minimum number of hours per shift shall be four (4).

14:02 Overtime

For the purpose of this Clause, overtime shall be defined as hours

worked beyond the normal hours in a bi-weekly period.

14:03 All overtime will be subject to the approval of the Employer.

14:04 The overtime rate of pay shall be time and one-half (1 ½) the regularhourly rate of pay.

14:05 No employee shall have his weekly schedule altered, in order to avoidthe payment of overtime.

14:06 All overtime shall be shared on an equitable basis among employeesqualified to do the work.

14:07 Lunch and Rest Periods

(b) All employees shall be entitled to a thirty (30) minute paid lunchbreak, as per past practice.

(c) All employees shall be entitled to a fifteen (15) minute restperiod in the first and second half of a shift.

14:08 Emergency Call Back

An employee called back to work outside his/her regular scheduledworking hours shall receive aminimum of three (3) hours payat time and one half (1 ½) theovertime rate.



ARTICLE 15 SHIFT SCHEDULING AND WORK ASSIGNMENTS

15:01 Shift Schedule

The Employer shall post the shift schedule indicating the shifts to beworked and the employee’s days off.

15:02 Change in Shift Schedule

An employee’s schedule may be changed in the event of unexpectedabsence of other staff, an unexpected change in the Employer’soperations, or in an emergency.

15:03 Change in Job Duties

When duties within a job classification change, the parties shall meetto discuss the changes to the job classification, and if a significantchange has occurred in an existing job classification, the parties shallnegotiate a rate of pay for the changed job classification.

15:04 Temporary Assignment

All temporary assignments will be subject to the approval of theEmployer. An employee who is required to perform the core duties ofa higher classification for a duration of greater than one (1) day shallbe deemed to have been temporarily assigned to that classification.The Employer will not deliberately temporarily assign an employee forone (1) day intervals to avoid payment of the higher salary.

ARTICLE 16 WAGES BY JOB CLASSIFICATION

16:01 Schedule “A”

The Employer shall pay basic hourly rates to its employee inaccordance with the Hourly Wage Scale set out in Schedule “A”, whichis attached hereto and forms a part thereof.

16:02 New Position

Upon the creation of a new position, the basic hourly rate and the jobclassification for that new position shall be subject to negotiationsbetween the Employer and the Union.



ARTICLE 17 STATUTORY HOLIDAYS

17:01 * Statutory Holidays

The following shall be designated as paid holidays:

(b) New Year’s Day (c) Good Friday(d) Victoria Day(e) Memorial Day(e) Pasadena Day(f) Labour Day(g) Thanksgiving Day

(h) Remembrance Day(i) Christmas Day(j) Boxing Day

17:02 Qualifying Requirements

To qualify for statutory holiday pay an employee will have worked hislast scheduled day before the holiday and his next scheduled shift afterthe holiday. No employee will be laid off to avoid payment of theholiday.

17:03 Employees who are working twelve (12) hour shifts on a designatedholiday listed in Clause 17:01 shall be paid twelve (12) hours pay inaddition to their regular day’s pay.

17:04 When a holiday designated under Clause 17:01 falls on an employeesday of rest the employee shall receive eight (8) hours pay for the day.

17:05 Instead of payment for Statutory Holiday as outlined in Clause 18:03and Clause 17:04 an employee may chose, subject to the approval ofthe Employer, to take the day off.

17:06 Should an employee be required to work on a designated holidaywhich falls on an employees day of rest, the employee shall receivedouble time for all hours worked, plus another day off.

ARTICLE 18 ANNUAL LEAVE

18:01 (a) The maximum annual leave which an employee shall be eligiblefor in any year shall be as follows:



Years of Service Number of Days0 - 5 10 Days6 - 15 15 DaysOver 15 years 20 Days

(b) Selection of Vacation Dates

Employees in each section in consultation with their supervisorshall determine the method of selecting vacation dates. In theevent that the majority agreement cannot be reached among theemployees in each section, preference in vacation shall beregulated in accordance with a rotation plan The initial placing ofemployees in the rotation plan will be in accordance withseniority; thereafter, the rotation will proceed without regard toseniority.

(b) Should an employee not be permitted to take all of his annualleave in a given year he shall be permitted to carry forward all ofthe unused portion of his annual leave or choose to be paid forthe unused portion.

18:02 Vacation Schedule

(b) Vacation schedules shall be posted by May 1st of each year andshall not be changed unless mutually agreed upon by theemployee and the Employer. Vacations shall commenceimmediately following an employee’s regularly scheduled daysof rest.

(c) When an employee is required to work during his/her vacation,he/she shall receive pay at the rate of double (2) time. Hoursworked while on vacation shall not be deducted from theemployee’s vacation credits. The employer will make everyreasonable effort not to require the employee to return to workfrom his/her annual leave.

18:03 Change of Vacation Entitlement

when an employee becomes eligible for a grater amount of vacationleave, he/she shall be allowed in the year in which the change occurs,a portion of the additional leave for which he/she has become eligiblebased on the ratio of the unexpired portion of the year to twelve (12)months, computed in full working days.

18:04 Vacation Leave of Less than One (1) Week



If vacation leave of short duration is requested by an employee beforethe work schedule is posted, such request shall not be unreasonablydenied by the supervisor and the supervisor shall notify the employeebefore the work schedule is posted. If vacation leave of short durationis requested by an employee after the work schedule is posted, the

Employer shall attempt to accommodate the employee’s vacationleave request.

ARTICLE 19 BEREAVEMENT LEAVE

19:01 An employee shall be entitled to bereavement leave with pay asfollows:

In the case of the death of an employee’s mother, father, brother,

sister, child, spouse, legal guardian, common-law-spouse,grandmother, grandfather, grandchild, mother-in-law, father-in-law, ornear relative living in the same household, three (3) consecutive days.

ARTICLE 20 SICK LEAVE

20:01 Payment of Sick Leave

An employee shall be entitled to eight (8) paid sick leave days peryear. There shall be no carry over of unused days.

ARTICLE 21 UNION ACTIVITIES AND LEAVE

21:01 The Employer recognizes the right of the Union to appoint/elect ShopStewards as necessary.

21:02 The Union shall notify the Employer, in writing, of the name of eachShop Steward.

21:03 A Shop Steward will not absent him/herself from the work location forthe purpose of handling grievance without first obtaining permission ofhis supervisor or the Manager and that permission shall not beunreasonably denied.

21:04 Shop Stewards shall suffer no loss of pay for the time spent processinggrievances or attending meetings with the Employer’s representatives



or when required to attend an arbitration hearing related to theemployee grievance.

21:05 The Employer shall pay a maximum of two (2) employees for timespent during negotiations.

21:06 Union Access

In the event that it is alleged that the Collective Agreement is beingviolated in a certain specified manner, the President of the Localand/or the Staff Representative of the Union shall request of theDepartment Supervisor to be allowed access to the Department toconverse with members or Shop Stewards of the Union. Such requestwill not be unreasonably denied.

21:07 Union Lapel Pin

Employees shall be permitted to wear a Union Lapel pin on theiruniforms.

21:08 Employee’s Right of Representation

An employee shall have the right to be represented and accompaniedby his/her Steward in any matter relating to discipline.

ARTICLE 22 UNPAID LEAVE

22:01 Extended Unpaid Leave

Upon written request a permanent employee who has completed two(2) years of service shall be granted leave to a maximum of twelve (12)months without pay and without loss of accumulated seniority andbenefits subject to the operational requirements of the Employer’soperation and the availability of qualified replacement staff. Anemployee shall be entitled up to a maximum of twelve (12) monthsunpaid leave for each two (2) years of service with the understandingthat no employee can have more than twelve (12) consecutive monthsof unpaid leave at any one time. Employees shall not be subject toany benefits of this Agreement, except seniority, during this period.The minimum amount of unpaid leave an employee may request underthis Clause is eight (8) weeks. An employee will not be grantedextended unpaid leave to take a position with the same Employerwhether inside or outside a bargaining unit.



22:02 Education Leave

Subject to operational requirements and the availability of qualifiedreplacement staff, an employee shall be granted unpaid educationalleave of the amount requested not exceeding two (2) years unless

mutually agreed between the employee and the Employer. Theemployee shall not accrue any benefits of the Agreement, exceptservice for seniority.

ARTICLE 23 WORKERS COMPENSATION

23:01 Injury on Duty

(a) All employees shall be covered by the Workplace Health, Safety

and Compensation Act.

(b) An employee who is injured during working hours and is eitherrequired to leave for treatment or sent home for such injury shallreceive payment for the remainder of the shift or work day andhis/her regular rate of pay.

ARTICLE 24 SAFETY

24:01 Safety

The Employer and the Union, realizing the benefits to be derived froma safe place of employment, agree that they and all employees, UnionSafety Representatives, Stewards and Officers and Supervision at alllevels shall co-operate to promote safe work practices, and theenforcement of safety rules. The parties hereto agree to abide by theOccupational Health and Safety Act.

24:02 Joint Safety Committee

The Union and the Employer shall establish a Safety Committee,comprising of two (2) members designated by the Union and two (2)members designated by the Employer. The function of the Committeeshall be to recommend solutions on problems relating to the promotionof safety and good housekeeping at the Employer’s operations. The



Union and Employer will notify each other in writing of the identity oftheir Joint Safety Committee representatives.

24:03 Joint Committee Responsibilities

The responsibilities of the Joint Committee shall be:

(a) to meet monthly during regular full season operations to take upsuch safety matters which may be brought before it by either theUnion or the Employer;

(b) to make regular inspections of the areas of work;

(c) to review reports of accidents and incidents and to makerecommendations for remedial or preventative action;

(d) to review the Employer’s Safety Rules and makerecommendations on amendments or additions.

24:04 Minutes of Safety Committee Meetings

The Employer’s Safety Representative will act as Secretary of allSafety Committee meetings and will provide minutes of the meetingsfor Management, for all Committee Members, for those who attendedthe meeting, for the Union, and will have posted a copy of the minuteson the bulletin boards. At following meetings, discussion of theminutes shall be first order of business.

24:05 Time Spent on Committee Business

Time spent by employee members of the Safety Committee in theperformance of their duties during a scheduled shift of that employeeshall be paid at the regular rate of pay for that employee. Employeemembers directed by the Employer to attend to Safety Committeebusiness outside of a scheduled shift shall be paid for the time spent inattending to such business at a rate of pay provided for elsewhere inthis Agreement. Time spent by employee members outside of ascheduled shift, and not at the direction of the Employer, shall beunpaid time.

ARTICLE 25 CONTRACTING OUT

25:01 (a) The Employer shall not contract out bargaining unit work if thereare employees at work or on lay-off who can perform the work inquestion.



(b) No employee in the bargaining unit shall be laid off or suffer aloss of hours or pay as a result of the contracting out ofbargaining unit work.

ARTICLE 26 CLOTHING/TOOL ALLOWANCE

26:01* Each employee shall be provided with the following items of clothingpaid for by the Employer:

Two (2) suits of coveralls (yearly)Four (4) pairs of gloves (monthly)Booth Allowance of one hundred and fifty dollars ($150) per yearOne (1) pair of insulated coveralls on an as needed basis

26:02 The Employer Agrees to supply one (1) set of tools for the worksite.

ARTICLE 27 HEALTH CARE PLAN *

27:01 The employer will cost share an approved Health Care Plan for allemployees on a fifty-fifty (50/50) basis.

ARTICLE 28 GENERAL PROVISIONS

28:01 Validity Clause

In the event that present or future legislation renders null and void ormaterially alters any provision of this Collective Agreement, thefollowing shall apply:

(a) The remaining provisions of the Collective Agreement shallremain in full force and effect for the term of the CollectiveAgreement.

(b) The Employer and the Union shall, as soon as possible,negotiate mutually agreeable provisions to be substituted for theprovisions as rendered null and void or materially altered.

(c) If a mutual agreement cannot be struck as provided in (b)above, the matter shall be arbitrated pursuant to Article 9 of theCollective Agreement.



28:02 Successor Rights

The Employer agrees that should its Business be sold, leased orotherwise changed hands, then Section 93 of the Labour Relations Act

shall apply.

28:03 Relocation

Should the employer decide to relocate its operations, employees willbe given a six (6) week’s notice of the intention to do so. Should noticenot be given employees will be paid in lieu.

28:04 Job Classifications

The Employer agrees to draw up job classifications for which the Union

is the Bargaining Agent. The Union shall be presented with copies ofthe job classifications within sixty (60) days after the signing of the newAgreement.

ARTICLE 29 DURATION

29:01* Except as otherwise provided, this Agreement shall be effective fromFebruary 22, 2011 and shall remain in full force and effect untilFebruary 21, 2016.

29:02 Agreement to Remain in Effect

This Agreement shall remain in full force and effect during negotiationsfor a revision or renewal of the terms of the Agreement, and until suchtime as it is replaced by a new or revised Collective Agreement.

29:03 Notice of Termination of Amendment

Either party to this Agreement may within the one hundred and twenty(120) calendar day period immediately prior to the expiration of thisAgreement, issue notice to the other party of its desire to terminate oramend the Agreement. Following notice, the other party is required toenter into negotiations for a new Agreement within thirty (30) calendardays of receipt of notice.

ARTICLE 30 SALARIES



30:01* Effective February 22, 2011 - Increase all hourly rates by one dollar

($1.00)

Effective February 22, 2012 - Increase all hourly rates by fifty cents

($0.50)

Effective February 22, 2013 - Increase all hourly rates by fifty cents($0.50)





* SCHEDULE “A”

Classification Feb. 22/11 Feb. 22/12 Feb. 22/13 Feb. 22/14 Feb. 22/15

Centrifuge Operator $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00

Labourer $ 15.00 $ 15.50 $ 16.00 $ 16.50 $ 17.00



MEMORANDUM OF UNDERSTANDING

All permanent employees shall be given an opportunity to maximize there hours beforeany new employees are hired.

The Employer shall continue the past practice of paying employees for Christmas Dayand New Year’s Day.

Past practice as it relates to meal breaks shall continue for the duration of thisAgreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THISAGREEMENT THIS DAY OF , 2011.

SIGNED ON BEHALF OF DISPOSAL SERVICES:

WITNESS

SIGNED ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES:

disposal services 2016

Documents