e~ uni~ - ontario · by bargaining unit employees referred to in article 2.01. the employer further...

COLLECTIVE AGREEMENT

BETWEEN:

TAYLOR CREEK CO-OPERATIVE HOMES INC. ( 190 and 194 Rexleigh Drive, Toronto, Ontario)

(hereinafter called the "Employer")

-and-

LIUNA LOCAL 183 (hereinafter called the "Union")

ARTICLE 1 - PURPOSE

1 .01 The purpose of this Agreement is to provide orderly collective bargaining

relations between the Employer and its employees covered by the Agreement, to secure

prompt and proper disposition of grievances, to secure the efficient operation of the

Employer's business without interruption or interference with work and to provide mutually

agreeable wages, hours and working conditions for the employees. It is recognized by

this Agreement to be the duty of the Employer, the Union and the employees to co

operate ful ly, individually and collectively for the advancement of the said conditions.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 This Agreement shall apply to a ll employees of Taylor Creek Co-Operative

Homes Inc. engaged in cleaning and maintenance at 190 and 194 Rexleigh Drive,

Toronto, Ontario, save and except Co-Op Manager, persons above the rank of Co-Op

Manager and office and clerical staff.

2.02 The Employer whose name appears signatory to this Agreement recognizes

the Union as the collective bargaining agent with respect to the employees of the

Employer covered by this Agreement.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union recognizes and acknowledges that the management of the

Employer's operation and direction of the working forces are fixed exclusively in the

190 & 194 Rexleigh Drive (20 19-2022) E~ Uni~

Employer unless specifically restricted by the terms of this Agreement and without limiting

the generality of the foregoing the Union acknowledges that it is the exclusive function

of the Employer to:

a) maintain order. discipline and efficiency and in connection therewith. to

make. alter and enforce from time-to-time rules and regulations. policies

and practices to be observed by its employees, to discipline or discharge

for just cause employees who have successfully completed their

probationary period and to discipline or discharge for any reason and at its

sole discretion employees who have not successfully completed their

probationary period. provided that a claim of discharge without just cause

by an employee who has successfully completed his probationary period

may be the subject of a grievance and dealt with as hereinafter provided;

b) select, hire. transfer. assign to shifts. departments. classifications. promote.

demote. classify. re-classify, lay-off. recall or retire employees, select

employees for positions excluded from the bargaining unit;

c) establish and administer reasonable tests for the purpose of assisting the

Employer in determining an employee's qualifications. require pre

employment medical examinations and require medical examinations by

a physician appointed by the Employer to determine an employee's fitness

to perform his/her assigned job duties;

d) require employees to be bonded as a condition of their employment and

continued employment;

e) determine the nature and kind of operations conducted by the Employer.

the existence and location of its operations and their expansion. alteration

or curtailment; the establishment. addition. alteration or curtailment of

work. shifts. departments. classifications. job descriptions. assignments. job

content. quality or quantity standards; the transfer of employees between

operations. jobs, shifts. departments. classifications and assignments;

determine the qualifications of an employee to perform any particular work

or job; the nature of methods. processes. equipment. tools a nd machinery;

190 & 194 Rexleigh Drive (2019-2022)

~ Uni~

implementation, a lteration and use of new or improved methods,

processes, tools, machinery and equipment as well as changes or

discontinuances therein; decide on the number of employees needed by

the Employer at any time; the number of hours to be worked, starting and

quitting times and when overtime shall be worked.

3.02 The Employer agrees that it will not exercise its functions in a manner

inconsistent with the provisions of this Agreement.

3.03 Work which is regularly performed by bargaining unit employees will not be

subbed to non-Union employees provided that sufficient Union employees are available

and have the skill and ability to perform the work in question when requested by the

Employer.

3.04 Contracting out I Bargaining Unit Work

So long as bargaining unit employees are available to do the work, the

Employer agrees that it w ill not contract out bargaining work that has been performed

by bargaining unit employees referred to in Article 2.01.

The Employer further agrees that its representatives not covered by the

terms and conditions of this Collective Agreement shall not perform any bargaining unit

work except for purposes of instruction, in cases of emergency, or where bargaining unit

members are not readily available or refuse to do the work.

3.05 Confidentiality

a) Employees shall keep confidential any information obtained about any

member or employee of Taylor Creek Co-operative Homes during the

course of their employment, except where that information is required for

the functioning of the business, in which case, the employees shall give the

information only to the party that requires the information with the consent

of the Property Manager.

b) On termination of employment, the employee shall return to the Employer

all documents, correspondence, plans or other written material and any

190 & 194 Rexleigh Drive (201 9-2022)

E~ U~ Page3

physical property, which belongs to Taylor Creek or is obtained in the

course of employment.

c) Employees agree that their confidentiality obligations continue even after

the expiry of the Collective Agreement or termination of employment.

3.06 Employer Policies

a) Employer policies shall be communicated a nd available to the employees

where applicable. All policies shall be identified by date, and appropria te

revision code. Any revisions or amendments to the policy shall be

presented or disclosed within one (1) week of the final draft.

ARTICLE 4- UNION SECURITY

4.01 The regular monthly dues shall, as a condition of employment, be

deducted from a nd checked-off from the wages of each employee employed in any

position within the bargaining unit described in Article 2 of this Agreement.

4.02 The monthly Union dues shall be equivalent to one point eight percent

( 1 .8%) of each employee's gross monthly earnings and the Employer shall make such

deductions from the pay due to the employees and shall forward such deductions to the

Secretary/Treasurer of the Union not later than the fifteenth (151h) day of the month

following the month in which the deductions were made.

4.03 The Employer shall, when forwarding such dues, p rovide 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. The

Employer shall notify the Union of any and all Termination of Employees (voluntary or

otherwise).

4.04 The Union shall indemnify and save the Employer harmless from any claims,

demands, suits, judgments, attachments and from any other form of liability as a result of

the Employer making any deduction and/or remittance of Union dues and/or fees.

190 & 194 Rexle igh Drive (20 19-2022)

ARTICLE 5 - PRODUCTIVITY

5.01 The Union and the Employer recognize the mutual value of im proving by all

proper and reasonable means the productivity of the individual workers and both will

undertake individually and jointly to promote such increased productivity.

5.02 During the lifetime of this Agreement, the Union agrees there will be no

strike, slowdown or picketing, and the Employer agrees tha t it will not c a use a lock-out.

The Employer shall have the right to discharge or otherwise discipline employees who

take part in or instigate any strike, picketing or slowdown.

ARTICLE 6- REPRESENTATION

6.01 a) The Employer acknowledges the Union Steward shall be appointed by the

Union for the purpose of assisting employees up to attending grievance

meetings.

b ) The Union will inform the Employer in writing of the name of the Steward and

any subsequent change in the name of such Stewards. The Employer shall

not be asked to recognize any Steward until such notification from the

Union has been received.

6.02 The Union Steward shall be the last person laid-off and the first recalled by

classification provided he/she can do the job.

6.03 The Union acknowledges that the union Steward has regular duties to

perform as an employee of the Employer. Union business will not be transacted during

regular working-hours .

6.04 The Business Representative of the Union shall have access to the premises

of the Employer during working-hours, but in no case shall his/her visit interfere with the

progress of work. When visiting the Employer's premises, he/she will first advise and

identify himself/herself to the supervisory personnel of the Employer.

6.05 The Union Representative or designated shall have fifteen ( 15) minutes with

a new member during his/her probationary period to answer any Union related questions

without any loss in his/her regular pay, within their regularly scheduled shift .

190 & 194 Rexleigh Drive (2019-2022)

E~ U~ Pa geS

6.06 An employee, who is subject to disciplinary action (i.e. written reprimands,

suspension or terminations) that is to be recorded within the employee's Personnel File,

shall have the right to have a Steward or Union Representative to represent him/her at

such meetings in person or over the phone

ARTICLE 7- BONDING

7.01 All emp loyees must, as a condition of employment with the Employer, be

and remain, bonded at all times. Any failure by an employee to be, and remain, bonded

during any point in their employment with the Employer will be deemed to be just cause

for discharge. The parties agree that this Article 7 constitutes a specific penalty for the

purposes of Section 44(9) of the Labour Relations Act.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 The purpose of this Article is to establish a procedure for the settlement of

grieva nces.

8.02 An employee who as a complain t relating to the interpretation,

application, administration or alleged violation of this Agreement may d iscuss his/her

complaint with the Co-Op Manager either verbally, e-mail. or by text message either

form is an acceptable method of communication. Such complaint shall b e brought to

the attention of the Property Manager within five (5) business days of the incident giving

rise to the complaint. The Property Manager shall state his/her decision verbally within

five (5) business days of receiving the complaint .

STEP 1 Should the employee be dissatisfied with the Co-Op Manager I Staff

Liaison's disposition of the complaint, he/she may with the assistance of his/her

Representative, refer such matter on a written grievance form to the Property Manager

who shall answer the grievance within five (5) business days. The complaint shall

constitute a formal grievance at Step 1 and shall be filed within five (5) business days or

receipt of the reply of the Co-Op Manager to the complaint. The grievance shall specify

the Article or Articles and sub-section of the Agreement of which a violation is alleged,

contain a precise statement of the facts relied upon, indicate the relief sought.

190 & 194 Rex/eigh Drive (20 19-2022)

STEP 2 If no settlement is reached at Step 1, the employee in question and his/her

Representative shall meet with the representatives of the Employer within five (5) business

days of receipt of the reply of the Co-Op Manager to discuss the grievance.

STEP 3 Should the employee be dissatisfied with the disposition of the grievance at

Step 2, it may be referred to arbitration as hereinafter provided.

8.03 The Union or the Employer may initiate a grievance beginning at Step 2 of

the Grievance Procedure. Such grievance shall be filed within ten ( 1 0) business days of

the incident giving rise to the complaint and be in the form prescribed in Step 1. Any

such grievance may be referred to Arbitration under Article 1 0 by either the Union in the

case of a Union grievance or the Employer in the case of an Employer grievance.

8.04 Any complaint or grievance which is not commenced or processed

through the proper stages of the Grievance and Arbitration Procedures contained in

Articles 8, 9 and 1 0, within the times specified shall be deemed to have been dropped.

However, time limits specified in the said Grievance and Arbitration Procedures may be

extended by mutual agreement in writing between the Employer and the Union. Section

44(6) of the Labour Relations Act shall have no application to the time limits provided for

in the said Grievance and Arbitration Procedures.

8.05 Concerns or complaints will only be discussed with the Property Manager

and will not be discussed with residents, directors, outside of board meetings, or

contractors. If this is not possible, a grievance should be filed by the employee as outlined

in Article 8.

8.06 Statutory Holidays, Saturday and Sundays shall be excluded from the times

provided for the various steps. Time limits may be adjusted by agreement of the parties

concerned .

ARTICLE 9 - DISCHARGE AND SUSPENSION CASES

9.01 An employee who has successfully completed his probationary period and

who is discharged or suspended for more than three (3) working-days may file a

190 & 194 Rexleigh Drive (2019-2022}

E~ U~

grievance at Step 2 of the Grievance Procedure within five (5) working-days after such

discharge or suspension. An employee who has successfully completed his/her

probationary period and who is suspended for three (3) working-days or less shall take up

his/her grievance at Step 1 .

9.02 Where a grievance which is filed under Article 9.01 is not settled and duly

comes before an Arbitrator under Article 1 0, the Arbitrator may make a ruling, subject to

Article 1 0.07:

9.03

a) confirming the Employer's action;

b) reinstating the employee with compensation for regular time lost (except

for the amount of any compensation the employee has received from any

other source pending the disposition of his/her case); or

c) disposing of a grievance in any other manner whic h may be just and

equitable.

a)

Discipline

Copies of all written reprimands, suspension and terminations notices issued

to the employees shall be forwarded to the Union Representative within

twenty-four (24) hours of being issued.

b) In general, discipline shall remain on an employee's record for a period no

longer than eighteen ( 18) months from the date the discipline was imposed

p rovided that during such period the employee does not receive any

further discipline of the same nature during that time period.

c) The Employer agrees not to introduce as evidence in a hearing relating to

disciplinary action any document from the file of an employee the content

of which the employee was not aware of at the time of filing or within a

reasonable period thereafter.

190 & 194 Rexleigh Drive (2019-2022)

E~ U~

ARTICLE 10- ARBITRATION

1 0.01 Both parties agree that any grievance which has been properly carried

through all of the steps of the Grievance Procedure specified in Articles 8 or 9, and which

has not been settled or withdrawn, may be referred to arbitration. Should either party

wish to refer a grievance to arbitration, a written request must be filed with the other party

within five (5) working-days of the reply under Step 2 of the Grievance Procedure.

10.02 The party requesting arbitration shall indicate in its written request, the

name of the individual whom it wishes to act as Arbitrator.

10.03 Within twenty (20) working-days following the receipt of the request for

arbitration by the party against whom it is alleged has violated the Agreement, the

parties shall discuss and attempt to agree upon a single Arbitrator.

10.04 Should the parties fai l to agree on a single Arbitrator within fifteen (15)

working-days following receipt o f a request for arbitration by the party against w hom it is

a lleged has violated the Agreement, the aggrieved party must request the Ministry of

Labour to appoint an individual to a ct as Arbitrator.

1 0.05 In view of the nature of the Employer's business, employees covered by this

Agreement will often be supplied w ith premises by the employer. In si tuations where an

employee is discharged or terminated or deemed to be terminated under this

Agreement, it is crucial for both parties to know the outcome of an arbitration hearing as

soon as possible. Therefore, in a ll such arbitration cases, whether initiated under the

arbitration provisions of th is Agreement or the Labour Relations Act, the Arbitrator must

render his/her award within fourteen (14) working-days after completion of the hearing.

1 0.06 The decision of the Arbitrator shall be binding on both parties.

10.07 The Arbitrator shall not have the power to alter or c hange any of the

provisions of this Agreement, or to substi tute any new provisions for any existing provisions

of this Agreement.

1 0.08 The parties to this Agreement w ill share the fees and expenses of the

Arbitrator equally.

190 & 194 Rexleigh Drive (20 19-2022)

E~ Uni~

1 0.09 For the purposes of Articles 8, 9 and 1 0, "working-day" shall mean Monday

to Friday and shall exclude all holidays referred to in Article 19 and all holidays granted

bylaw.

ARTICLE 11 - SENIORITY

11.01 Seniority means the length of continuous service of an employee with the

Employer.

11 .02 An employee will be considered on probation, will not have any seniority

and will not be placed on the seniority list until after he/she has actually worked sixty (60)

days. If an employee is retained following successful completion of the probationary

period, his/her name shall be placed on the seniority list and seniority shall date from the

date of employment, or in the case of an employee re-employed following a loss of

seniority, from the date of re-employment.

11 .03 The Employer will consider the requirements and efficiency of operations

and the knowledge, training, skill and ability of the individual to perform the required work

in determining which employee is to be laid-off or recalled from lay-off and where these

are relatively equal, the employee with the greatest seniority will be the last to be laid-off

and conversely the first to be recalled from lay-off.

11.04 Seniority lists will be supplied to the Union and posted on the bulletin board

on January 1st and July 1st of each year of this Agreement.

11 .05 Seniority once established for an employee shall be forfeited and the

empl.oyee's employment shall be deemed to be terminated under the following

conditions:

a) if he/she voluntarily quits;

b) if he/she is discharged for cause and not reinstated through the Grievance

and Arbitration Procedures;

c) if he/she fails to return to work on his/her scheduled date of recall after

being recalled in accordance with this Article 11 ;

190 & 194 Rexleigh Drive (2019-2022) EJ!j!_ Un~

d) if he/she fails to report for work following a leave of absence granted by

the Employer;

e) if he/she fails to report for work for two (2) consecutive working-days without

giving a reason satisfactory to the Employer;

f) if he/she utilizes a leave of absence for a purpose other than that for which

it was authorized.

11.06 a) Notice of Recall shall be provided by leaving a written notice in the mailbox

of the employee concerned where the employee has been provided with

premises at the Employer's facilities, or by sending a registered letter to the

address of the employee last filed with the Employer where the employee

has not been provided with such premises. The Union shall receive a copy

of each Notice of Recall. For the purposes of this Article, an employee shall

be deemed to have been properly provided with a Notice of Recall in

accordance herewith, within two (2) calendar days after the date the

Notice is left in the mailbox of the employee where he/she has been

provided with premises at the Employer's facilities, or within three (3)

calendar days after the date of mailing of the Notice of Recall by registered

mail where the employee has not been provided with such premises.

Nothing in this Agreement will interfere with the Employer's right to make

whatever alternate arrangements it chooses to make to complete the work

normally performed by the employee, pending the receipt or deemed

receipt of the Notice of Recall by the employee.

b) Where an employee has been provided or is deemed to have been

provided with a Notice of Recall in accordance with this Article and where

the employee fails to return to work on his scheduled date of recall, his/her

name shall be removed from the seniority list and his/her employment shall

be deemed to be terminated in accordance with Article 11.05 (c) of this

Agreement.

190 & 194 Rexfeigh Drive (2019-2022)

E~ U~

1 1 .07 Whenever a vacancy of a permanent nature occurs w ithin the bargaining

unit, the Employer shall post in the place of employment a notice setting forth the details

of such vacancy.

Employees applying for such vacancy shall make application to the

Employer in writing, within two (2) working-days a fter the noted posting.

The Employer wil l consider the requirements and efficiency of operations

and the knowledge, training, skills and ability of the individual to perform the required

work in determining which employee is to fill the vacancy and where these are relatively

equal, seniority shall be the governing factor.

The Employer may fill the vacancy at its discretion, should no applicants be

considered suitable by the Employer.

Nothing in this Agreement will interfere with the Employer's right to make

whatever alternate arrangements it chooses to make to complete the work normal ly

performed by the employee, pending consideration by the Employer of applications

made under this Article.

The Employer may consider any applicant ineligible should such applicant

have successfully applied under a similar procedure within the six (6) months immediately

preceding the date of posting.

ARTICLE 12 - REST PERIODS

12.01 There will be two (2) paid fifteen (15) minute rest periods for each shift

worked . There will be one (1) unpaid half-hour (V2) break.

ARTICLE 13 - DISCRIMINATION

13.01 The Employer and the Union both agree there shall be no discrimination

against employees covered by th is Agreement contrary to the Ontario Human Rights

Code.

190 & 194 Rexle igh Drive {2019-2022)

ARTICLE 14- HOURS-OF-WORK

14.01 The regular work- week for all employees shall consist of a maximum of forty

( 40) hours worked in five (5) consecutive days in a calendar week, eight (8) hours per day

between 7:00am and 5:00pm. Any work performed by an employee in excess of eight

(8) hours per day or forty (40) hours per week shall be paid at the rate of time and one

half ( 1 V2) the employee regular straight-time hourly rate.

14.02 a) An employee who as completed a regular eight (8) hour shift, and who, at

the prior request of the Co-op Manager, has worked additional time, shall

be considered to have worked overtime. The Employee may be given

time-off in lieu of approved overtime worked. The maximum accumulation

of lieu time shall be eight (8) hours. It is understood that lieu time is

equivalent to overtime hours. The employee shall have the option of

getting paid for accumulated lieu hours or choose to take time off in lieu.

Such overtime payments will be made at the end of the pay period in

whic h they were earned, unless instructed otherwise by the employee.

b) An employee may not be entitled to any overtime or lieu time unless Co

op Ma nager has authorized such work. The scheduling of lieu time may be

arranged with the Co-op Manager in advance of taking it.

c) Accumulated lieu time equal to one ( 1) full day or for clarity eight (8) hours,

must be taken on a single day mutually agreed upon by the employee and

the sta ff liaison.

ARTICLE 15- VACATIONS

15.01 Vacation pay shall be predicated on the length of employment with his or

her Employer, in accordance with the following below. For the purpose of calculating

vacation entitlements, the vacation years shall be from January Js1 to December 3 Js1•

15.02 Employees will be entitled to vacation with pay in accordance with the

following:

a) employees with less than one ( 1) year's employment with the

Employer shall receive vacation pay equal to four percent (4%) of

their total earnings;

190 & 194 Rexleigh Drive (20 19-2022)

E~ Un~

b) employees with one (1) year's employment or more but less than five

(5) years employment with the employer shall receive vacation pay

equal to two (2) weeks' salary as per the Employment Standards Act.

c) Employees with five (5) years employment or more shall receive

Vacation Pay equal to six percent (6%) of their total gross wages

earned, and three (3) weeks holidays.

d) Employees with ten ( 1 0) years or more employment shall receive

Vacation Pay equal to eight percent 8%) of their gross wages

earned.

15.03 Scheduling of Vacation

a) Subject to clause a), b), and c), vacation entitlements must be taken

in the year they are earned.

b) Vacations shall be scheduled in consultation with other staff,

however final approval of any vacation must be given by the Board

on the recommendation of the Co-Op Manager.

c) The Board shall approve all requests for vacation that do not impair

the effective and timely operation of the Co-operative.

d) Employees are required to submit vacation request in writing to the

Employer at least thirty (30) days before the requested time off.

Vacation request shall be signed and dated by each employee prior

to submitting the request. Once submitted all vacations request will

be responded to in writing within five (5) business days of the

requested time off. Exception may be granted from time to time at

the discretion of the Board, if time-off was not submitted on time.

e) Staff will c irculate schedules in the spring for the summer vacation

and in the fall for the winter vacation, so that there is a maximum

opportunity of co-ordinating individual vacation schedules. In the

event there are unresolved conflicts, the managers shall

recommend the approval of vacations, on the basis of staff seniority.

190 & 194 Rexleigh Drive (201 9-2022)

E~ Un~ Pogel 4

15.04 Remaining vacation pay balance earned during the vacation year for

each employee shall be submitted to them the first full pay period in December of each

calendar year following the date of the employee's initial employment or when the

employee goes on vacation, if so requested. Such request will be made a minimum of

two (2) weeks in advanced prior to going on vacation. In all instances, Vacation Pay

shall be paid by separate cheque.

ARTICLE 16 - PAYMENT OF WAGES

16.01 Wages shall be paid by direct deposit, to each employee of the subject

building. The Employer shall provide with the direct deposit a statement which defines

hours worked, overtime hours, hourly rate (where applicable), deductions for Income Tax,

Employment Insurance, Canada Pension, Union dues, etc. Employees shall be paid semi

monthly. In addition, such statements shall be given to the worker on or before the pay

day as per the Employment Standards Act.

16.02 In the event of an intended permanent lay-off, the affected employee shall

receive notice in accordance with the Employment Standards Act.

16.03 The Employer shall , no later than the next regular pay following an

employee's terminated employment. send by mail , to the employee's last known address

on file, the said em ployee's pay cheque, Record of Employment and any vacation pay

or holiday pay which may be owing to the employee.

ARTICLE 17 - BEREAVEMENT LEAVE & OTHER LEAVES OF ABSENCES

17.01 Bereavement leave of three (3) days with regular, non-overtime pay will be

granted by the Employer to the employee to be used to deal with bereavement related

matters upon the death of a parent, spouse, (significant other), child, b rother, sister or

parent-in-law, brother-in-law, sister-in-law, grandchild

The Employer has the right to request a copy of the death certificate.

190 & 194 Rexleigh Drive (20 19-2022}

Jury Duty

1 7.02 Subject to Article 1 7 .03, employees who actually attend at a court for the

purpose of serving on a jury, and actually attend at court for that purpose during working

hours, shall be reimbursed for any loss of regular, non-overtime pay resulting from jury duty

service.

17.03 As the intention of Article 17.02 is to reimburse employees for lost pay

resulting from jury duty, during working-hours, any monies paid to an employee for

participation in such activities shall be remitted by the employees to the Employer.

ARTICLE 18 - APPENDICES OF WAGE RATES; HOURS-OF-WORK AND SPECIFIC WORKING

CONDITIONS

18.01 Attached to this Agreement are appendices A and B which specifically set

forth and define hourly rates, salaries, hours-of-work, job classifications, job descriptions

and working conditions, a ll of which are an integral part of this Agreement.

ARTICLE 19- PAID HOLIDAYS

19.01 The following shall be recognized as holidays to be paid for on the basis of

the salary equivalent of a day's wages at the employee's regular, non-overtime rate

(referred to as "Paid Holidays"):

*

New Year's Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

Family Day

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Remembrance Day*

when proclaimed by the Government.

19.02 The employee must have worked his/her regular scheduled shift on each

of the working-days immediately preceding a nd immediately following each of the Paid

Holidays before qualifying for a holiday with pay unless the employee is prevented from

working due to a verified sickness or illness. The Employer has the right to ask for

veri fication of illness.

190 & 194 Rexleigh Drive (20 19-2022)

E~ Unio:f

19.03 Any time worked on a Paid Holiday by an employee at the request of the

Co-Op Manager, shall be considered overtime and shall be taken as lieu time at the rate

of one ( 1) hour off for each hour worked.

ARTICLE 20 -WELFARE BENEFITS AND RETIREMENT FUND

20.01 a) The Employer agrees to contribute for those employees in the employ of

the Employer, who are covered by this Agreement to the Local 183

Industrial Benefit Fund, plus all applicable taxes for the purpose of

purchasing weekly indemnity, li fe insurance, major medical, dental

coverage, and short-term disability or similar benefits under Plan A, the

amounts as follows:

March 1/19 March 1/20 March 1/21

Employer contribution $260.00 $265.00 $270.00

Employee's co-payment $ 10.00 $ 10.00 $ 10.00

Total $270.00 $275.00 $280.00

The Employer agrees to collect from each member entitled , as set out

above, the amount of ten ($1 0.00) dollars per pay period and remit to the Local 183

Benefit Fund with the Employers contribution for the duration period of the Collective

Agreement.

It is understood that the Employer shall not be constructed to be an insurer

nor shall it have any liability other than making the payment as aforesaid to the Benefit

Fund and that the Union agrees to indemnify and save harmless the Employer against

any or all claims which may be made against it in respect of any claims by an employee

for the insurance coverage provided herein . Remittances are to be forwarded

electronically to the Benefit Fund by the fifteenth ( 151h) of each month. Remittances that

are not submitted on time will be subject to a 2% charge.

b) The Employer will not be required to make the contributions set forth in

sub-clause (a) above in respect of employees until they have completed

their probationary period.

190 & 194 Rexleigh Drive (2019-2022} E4 Uni~

c) The Employer w ill not be required to continue the contributions set forth in

sub-clause (a) in respect of employees who are absent by reason of lay

off, illness, accident, leave of absence or otherwise, for three (3) months or

more.

20.02 Retirement Fund:

The Employer agrees to contribute and remit on behalf for each employee

covered by this Agreement and submit to the Labourers ' Local 183, Retiree Benefit Fund

the following sums;

March l, 2019: $5.50 per month

March 1, 2020: $5.50 per month

March 1, 2021: $6.00 per month

The Employer shall remit contributions to the Labourers', Local 183 Retiree

Benefit Trust Fund monthly, together with a duly completed Employer's Report Form, by

the fifteenth ( 15) of the month following the month for which the payment is due.

The Employers' responsibility and liability for the Retirement Funds as set out

above is strictly limited to the obligation to make the contributions as set out in the

relevant provision.

20.03 The Employer shall not be req uired to continue to provide benefits which

duplicate any of those benefits provided for and required to be given by this Agreement.

ARTICLE 21 - HEALTH AND SAFETY

21.01 The Employer and the Union agree that they mutually desire to maintain

high standards of health and safety in the Employer's operation in order to prevent

industrial injury and illness. Therefore, the Employer, the Union a nd the employees will co

opera te in the prevention of accidents and enforcement of reasonable safety rules in

the Employer's operations.

21.02 An employee who is injured during working hours and who is required to

leave for treatment, or is sent home for such injury, shall receive payment for the

remainder of the scheduled shift a t regular rate of pay.

190 & 194 Rexleigh Drive (2019-2022}

E~ Un~

21 .03 The Employer shall, a t his own expense provide transportation to a hospital

or to a physician when an employee is injured while on duty. It is further agreed than an

ambulance shall be used where reasonably necessary and possible.

ARTICLE 22 - SEVERABILITY

22.01 Should a ny part of this Agreement or any provision herein contained be

rendered or declared invalid by reason of any existing or subsequently enacted

provincial or federa l legislation, or by a decision of the Ontario Labour Relations Board,

such invalidation of such part or provision of this Agreement shall not inva lidate the

remaining parts or provisions thereof and the remaining parts and provisions shall remain

in full force and effect.

ARTICLE 23- SICK PAY

23.01 An employee will be entitled to ten ( 1 0) sick days per year. In the event

the employee is sic k for more than three (3) consecutive days, the employee shall

provide the Employer with a letter from the employee's doctor confirming that the

employee is sick. The Employer shall pay the employee his/her regular pay for any sick

days taken. Sick days may not be carried forward from year to year. The entitlement to

sick days shall not be construed as requiring the Employer to pay an employee for any

accumulated sick days the employee has at any time nor is an employee entitled to any

compensation in lieu of any accrued sick days.

ARTICLE 24- PROTECTIVE CLOTHING

24.01 The Employer will provide protective clothing at a value of up to two

hundred and fifty dollars ($250.00) annually, provided that if the employee does not

make a purchase of protective clothing or does not provided the Employer with receipts

for the purchase, the Employer will not be required to make any payments to the

employee. Any unused portion of this benefit shall not accumulate from year to year.

ARTICLE 25 - MISCELLANEOUS

25.01 No employee covered by this Agreement shall as a result of the same,

receive, suffer or incur any loss or reduction in wages or any other benefits or conditions

of employment, monetary or otherwise.

190 & 194 Rexleigh Drive (2019-2022)

E&_ u~

ARTICLE 26 - DURATION of agreement

26.01 This Agreement comes into force and effect on March 1, 2019 up to and

including February 28, 2022, and thereafter shall be automatically renewed and remain

in force from year-to-year from its expiration date unless, within the period of ninety (90)

days before the Agreement ceases to operate, either party gives notice in writing to the

other party of its desire to bargain with a view to the renewal with or without mod ifications

of the Agreement. On receipt of such notice, the parties to the Agreement shall convene

a meeting within forty-five (45) working-days and shall bargain in good fai th to

endeavour to reach an agreement.

DATED at Toronto, Ontario, this -----'9f7L..__ day of -..../.4~~r£,~L..L_' L._/ ___ 20 19.

ON BEHALF OF TAYLOR CREEK CO-OPERATIVE HOMES INC.

190 & 194 Rexleigh Drive (2019-2022)

ON BEHALF OF THE LIUNA LOCAL 183

·~

E~ Un~

SCHEDULE "A"

CUSTODIAN SCHEDULE OF HOURLY WAGES

The Employer shall pay to those persons who it employs and designates as

Custodian the following hourly rates-of-pay.

March 1, 201 9 March 1, 2020 March 1, 2021

CUSTODIAN $19.32 $19.81 $20.30

II The regular work-week shall not exceed forth ( 40) hours and may be less as

determined by the Employer. The regular working day shall not exceed eight (8) hours.

The regular work-week currently is from Monday to Sunday with two days off per week.

Ill Custodian

Those employees who do, among other things, the following types of work:

Vacuuming and dusting, cleaning glass, mirrors, garbage room drops, laundry rooms and

amenities, cleaning of elevators, etc. heavy floor cleaning, and washing garbage

removal, etc. (other temporary duties as assigned).

II II Travel Pay

The Co-Op agrees to reimburse an employee, if such request if made by

management, for any expenses incurred on behalf of the Co-Op, including, where the

employee uses a personal motor vehicle for Co-Op business, the Employer shall pay fifty

five cents ($0.55) per kilometer. Such travel payments will be made at the end of the

pay period in whic h they were earned, paid out by separate cheque following

submission of an expense form. A T2200 tax slip shall be provided by the Employer at the

end of the year for tax purposes.

IV Temporary Transfer

Employees temporarily transferred or directed to perform duties by

management of another classification for a period of more than one ( 1) hour per shift,

which may be a lower rate-of-pay than their classification, shall be paid the higher rate

of-pay for a ll hours worked.

190 & 194 Rexle igh Drive (20 19-2022)

V Pension

a) The Employer will continue c ontributing to the employees' Registered

Retirement Savings Plan for all employees that are c overed by Appendix A

at the rate equal to five percent (5%) of the employees' earnings each

month.

The Employer shal l remit the c ontributions referred to in V a) no later than the fifteenth

( 151h) day of the month following the month for which the contributions were made.

190 & 194 Rexleigh Drive (2019-2022) Pa ge 22

APPENDIX B

MAINTENANCE SCHEDULE OF HOURLY WAGES

The Employer shall pay to those people who it employs and designates as

Maintenance workers the following hourly rates-of-pay.

March 1, 2019 March 1, 2020 March 1,2021

MAINTENANCE WORKER $26.46 $27.12 $27.80

II The regular work-week shall not exceed forth (40) hours and may be less as

determined by the Employer. The regular working day shall not exceed eight (8) hours.

The regu lar work-week currently is from Monday to Sunday with two days off per week.

Ill Maintenance

Those employees who do, among other things, the following types of work: Carry

out preventative and routine maintenance. This includes the fire alarm system, electrical

system, mechanical systems, entry system, heating, ventilation, drains, doors, locks,

monthly fire alarm inspections, and general care of the property. Respond to work orders

and general repairs that involve plumbing, carpentry, locks, painting, and drywall etc.

(other temporary duties as assigned)

1111 Travel Pay

The Co-Op agrees to reimburse an employee, if such request if made by

management, for any expenses incurred on behalf of the Co-Op, including, where the

employee uses a personal motor vehicle for Co-Op business, the Employer shall pay fifty

five cents ($0.55) per kilometre. Such travel payments will be made a t the end of the

pay period in which they were earned, paid out by separate cheque following

submission of an expense form. A T2200 tax slip shall be provided by the Employer at the

end of the year for tax purposes.

IV Temporary Transfer

Employees temporarily transferred or directed to perform duties by management

of another classification for a period of more than one ( 1) hour per shift, which may be a

190 & 194 Rexfeigh Drive (20 19-2022)

~ Uni~

lower rate-of-pay than their classification, shall be paid the higher rate-of-pay for a ll hours

worked.

V Pension

The Employer shall contribute to the Labourers' Pension Fund of Central and

Eastern Canada the following amounts based on one hundred and fifty ( 150) hours

monthly * (flat rate) for all employees that are covered by Appendix B the following

amounts:

Effective March 1, 2019: One dollar a nd fifty-five cents ($1 .55) per employee,

per hour*

Effective March 1, 2020: One dollar and sixty cents ($1 .60) per employee, per

hour*

Effective March 1, 2021: One dollar and sixty-five cents ($1 .65) per employee,

per hour*

The employer shall remit contributions to the Labourer's Local 183, Member's

Pension Fund monthly, together with a duly completed Employer's Report Form, by the

fifteenth ( 151h) of the month following the month for which the payment is due. Each

monthly contribution shall include all obligations arising from hours worked up to the close

of the Employers' payroll ending nearest to the last day of the preceding month. The

Employers' responsibility and liability for the Pension Funds as set out above is strictly

limited to the obligation to make the contributions as set out in the relevant provision .

190 & 194 Rexleigh Drive (201 9-2022)

E~ U~

e~ uni~ - ontario · by bargaining unit employees referred to in article 2.01. the employer further...

Documents