q original - ontario and...part-time roc operator for every three (3) full-time roc operators. 5....
TRANSCRIPT
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Q ORIGINAL
COLLECTIVE AGREEMENT
BETWEEN
AMTOTE CANADA, INC.
AND
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION
JANUARY 1, 2016 TO DECEMBER 31 , 2018
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' !'Yf\ .. . s;iv
Section
TABLE OF CONTENTS
AGREEMENT ...................................................................................................................... 1
ARTICLE 1 .................. ... ... .. ............................ .......... .......................................................... 2
RECOGNITION ................... .................................................................. .......................... 2
ARTICLE 2 ......................... ............. .................................................................................... 3
SCOPE OF AGREEMENT .................................... ......................................................... 3
1. Generally ... ............. ........................................................................................... 3
2. Manager/Supervisor Duties ............................................................................ 3
3. Contracting Out ................................................................................................ 4
4. Part-Time Employees ........................... ........................................................... 4
5. Hiring While Employees On Layoff ................................................................ 5
ARTICLE 3 .......................................................................................................................... 6
UNION MEMBERSHIP ................................................................................................... 6
1. Union Shop ....................................................................................................... 6
2. Check Off .......... .. ................................................................... ............................ 6
ARTICLE 4 .......................................................................... ................................................ 8
UNION REPRESENTATION .......................................................................................... 8
ARTICLE 5 ......................................................................................................................... 10
SETTLEMENT OF DISPUTES AND METHOD OF ARBITRATION ........................... 10
1. Procedure .................................................................. .. ... ......... ............ .. ........... 10
2. Arbitration Procedure ..................................................................................... 11
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3. Sunset Clause .................................................................................................. 12
4. Policy Grievances .............................................. .. ........................................... 12
ARTICLE 6 ....................................................................................... ....................... ........... 13
MANAGEMENT RIGHTS ...... ........................................................................................ 13
ARTICLE 7 ......................................................................................................................... 14
NO STRIKE/NO LOCKOUT .......................................................................................... 14
ARTICLE 8 .... ..................................................................................................................... 15
WAGE RATES ............................................................................................................... 15
1. Wage Schedule and Classifications ............................................................. 15
ARTICLE 9 ......................................................................................................................... 16
RATES OF PAY ............................................................................................................. 16
1. Straight Time ................................................................................................... 16
2. Time and One-half ........................................................................................... 16
3. Holiday Pay ...................................................................................................... 16
4. Continuous Hours of Work ............................................................................ 17
ARTICLE 10 ......................................................................................................... .............. 18
FRINGE BENEFITS ......................... ................................................... ........................... 18
1. Health and Welfare .......................................................................................... 18
2. GroupRRSP ..................................................................................................... 18
3. Vacations .......................................................................................................... 18
4. Scheduling of Vacation .................................................................................. 21
5. Bereavement Pay ........................................................... .. .............................. 23
6. Holidays ............................................................................... ............................ 24
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ARTICLE 11 ........................ ......................................................... ... ........... ......... .......... .... 25
HOURS OF EMPLOYMENT .......................................................... ........ ... .................... 25
1. Standard Work Day and Work Week .......................................... ................. 2 5
2. Overtime .... ................ .................. ............................... ...................... ...... ........ . 25
3. Reporting Times ...................................................... .. ................ ......... ............ 2 6
4. Meal Periods ...... .. ... .......... .............................................................................. 2 6
5. Cancellations .......... ........................................................................................ 2 6
6. Scheduling ......... .................................................................... ......................... 2 7
ARTICLE 12 .......................................... ........ ................................. ............................ ....... 28
DOUBLE SHIFT AND MATINEE PROGRAM CONDITIONS ..................................... 2 8
1. Double Shifts .............................................................. ...... ......... ............. ........ 2 8
ARTICLE 13 ..... ... ........................ ...................................................................................... 29
HOME BASE CONDITIONS .............. .... .. .... ................................................. ................ 29
ARTICLE 14 ....................................................................................................................... 31
MILEAGE AND COMMUTATION RATES AND CONDITIONS ...... ............ ................ 31
1. Mileage and Commutation Rates .................... .................... .......................... 31
2. Mileage ............................................................................................................. 31
3. Commutation ............................................................... ......... ..... ...................... 31
4. Distances Over 120 Kilometers ........ ... .......... ............................................... 32
ARTICLE 15 ............................ .......... .... ................................. ........................................... 33
TRAVEL TIME .......... ....... .. ....................... .............. .... ............................................... .... 33
1. Travel Time ....................... .............................................................................. 33
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ARTICLE 16 ...................................................................................................................... 34
LIVING ALLOWANCE ................ .................................................................................. 34
ARTICLE 17 ...................................................................................................................... 35
SENIORITY AND SENIORITY RIGHTS OF COMPANY EMPLOYEES .................... 35
1 . Probationary Period ....................................................................................... 3 5
2. Layoffs ............................................................................................................. 36
3. Promotions and Job Postings ...................................................................... 3 7
4. Termination of Seniority ............................................................................... 38
5. Job Assignment ............................................................................................. 38
6. Seniority Lists ................................................................................................. 39
7. Full vs. Part-Time Seniority .......................................................................... 40
8. Assignment Outside the Bargaining Unit ................................................... 40
ARTICLE 18 ...................................................................................................................... 42
MISCELLANEOUS ....................................................................................................... 42
1. Notification of Employment .......................................................................... 42
2. Personal Vehicle Use ..................................................................................... 42
3. Death or Illness While Traveling .................................................................. 42
4. Equipment Movement. ................................................................................... 43
5. Personnel Records ........................................................................................ 43
6. Renegotiation of Terms ................................................................................. 43
7. Invalid Provisions .......................................................................................... 43
8. No Discrimination .......................................................................................... 43
9. Dress Code ..................................................................................................... 44
1 0. Payroll - Direct Deposit ................................................................................. 44
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11 . Training ........................................................................................................... 44
ARTICLE 19 .......................... ........ ... ............... ......... ... ..... .... ........ ... .......... .. ....... ......... ... ... 46
TERM OF AGREEMENT .......................................................... .. ................. ... ........ ...... 46
1. Term ................................................................................................................. 46
1st Letter of Understanding ............................................................................................ 48
2nd Letter of Understanding ...................................... ..................................................... 49
3rd Letter of Understanding ................ ........................................................................... 50
4th Letter of Understanding ............................................................................................. 51
5th Letter of Understanding ............................................................................................ 52
6th Letter of Understanding ............................................................................................ 53
Schedule A .......... ............ ......................................... ........................................................ 55
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AGREEMENT
This Agreement is entered into effective as of January 1, 2016 between Am Tote
Canada Inc., a subsidiary of AmTote International Inc., (the "Company") and Service
Employees International Union Local 2, Brewery, General & Professional Workers
Union (the "Union").
This Agreement will be binding upon both parties for a period of 3 (three) years
beginning January 1, 2016, and terminating December 31, 2018.
This Agreement provides for working rules, wages, benefits and other conditions of
employment for employees of the Company who are covered by this Agreement.
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ARTICLE 1
RECOGNITION
The Company recognizes the Union as the exclusive bargaining agent for all of its
employees in the Province of Ontario, save and except supervisors and those above the
rank of supervisor, with respect to wages, hours of work and other terms and conditions
of employment.
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1. Generally
ARTICLE 2
SCOPE OF AGREEMENT
(a) This Agreement shall cover all work performed by the Company in the
Province of Ontario in respect of the maintenance, repair, operation, and
modification of totalisator systems, whether on-track or off-track betting
operations, and simulcasting, including but not limited to the maintenance,
repair and modification of ticket issuing machines, infield indicator boards,
auxiliary power sources, and related pari-mutuel equipment serviced by the
Company.
(b) Maintenance, repair, and modification shall include but not be limited to the
testing, repairing, modifying, plugging, unplugging, moving, shifting, and
associated hookups. It is understood that at OTB parlor installations, parlor
personnel may plug and unplug terminals and related equipment.
2. Manager/Supervisor Duties
All work covered by this Agreement shall be performed exclusively by employees
in the bargaining unit. It shall not, however, be construed as a violation of this
collective agreement for managers and/or supervisors to continue to perform the
duties they have customarily performed. This clause shall not be used to subvert
the bargaining unit. Accordingly, any work performed by managers and
supervisors will not result in layoffs or reduction of hours of work for full time
bargaining unit employees.
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3. Contracting Out
It is understood that the Company may continue its current practices with respect
to the contracting out of work. It is further understood that such contracting out of
work shall not cause a layoff of any bargaining unit members.
4. Part-Time Employees
The Company may employ part-time employees in the circumstances as set out
herein below:
(a) Where part-timers are employed to staff a non-continuous (i.e., non year
round) live racing meet of a customer, the Employer shall have the right to
employ part-time employees. Such employees shall not be entitled to
obtain employee benefits;
(b) Should the Company's operations expand beyond Woodbine Entertainment
Group during the currency of this collective agreement, it will ensure that
where operations at a particular location reasonably support the
employment of a year-round full-time employee, it shall do so in preference
to the employment of a part-time employee.
(c) Where part-timers are employed to augment the full time workforce, the
following shall apply;
1. There shall be no part-time employees in Hub operations;
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2. Part-time employees shall accumulate seniority on the basis that
each 2080 hours worked less the employee's vacation entitlement,
shall equal one year of seniority;
3. Part-time employees shall be given preference over external
candidates regarding the filling of job openings in any job posting;
4. Part-timers shall not be utilized in a fashion that shall cause the layoff
or the reduction of non-overtime hours of any full time members;
5. Commencing upon ratification of this Agreement, part-timers who
work over 30 hours per week on a regular basis shall be classified as
a full time employee in the appropriate classification; and
6. There will be no more than two (2) part-time terminal technicians for
every one (1) full-time terminal technician and no more than one (1)
part-time ROC operator for every three (3) full-time ROC operators.
5. Hiring While Employees On Layoff
The Company will not hire new employees into a classification at a Home Base
while qualified employees at that Home Base are laid off.
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1. Union Shop
ARTICLE 3
UNION MEMBERSHIP
(a) All employees covered by the terms of this Agreement will, as a condition of
employment, be required to become members of the Union on or before the
31st day following the commencement of their employment with the
Company.
(b) The Union will accept into membership each employee covered by this
Agreement who tenders to the Union the periodic dues and fees required by
the Union's constitution as a condition of acquiring or retaining membership
in the Union.
(c) The Company, at the time of each employee's hire, will notify him/her of
his/her obligation to become and remain a member, in good standing, of the
Union from and after the 31st day following the commencement of his/her
employment. The Company will supply the Business Agent of the Union
with responsibility for the bargaining unit with the names of all newly hired
bargaining unit employees at the time they are hired .
2. Check Off
(a) All employees shall begin paying Union dues in the first full month following
their date of hire. Union dues will be deducted per pay period . Employees
not receiving pay in this period will have the current deduction and/or
arrearages deducted in the next pay period in which they receive pay.
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(b) The dues and initiation fees deducted from all employees shall be remitted
by the Employer to the Union not later than the 151h day of the month
following the month in which such dues were deducted.
(c) Union dues remitted in respect of part-time employees shall also include a
list of the number of shifts or alternatively, the number of hours if so
requested by the Union, worked by each part-time employee during the
month for which dues are being remitted.
(d) The Union will indemnify and save and hold the Company harmless against
any and all claims, demands, suits or other forms of liability that may arise
out of, or by reason of, actions taken by the Company in connection with the
Union Shop and Check-Off provisions of this Article.
(e) The amount of union dues deducted from an employee each year shall
appear on the employee's T4 slip.
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ARTICLE 4
UNION REPRESENTATION
(a) Employees will be represented on the job by Steward(s) , who will be
representatives of the Union on the job, and will be selected in such a
manner as the Union may determine. The Union will notify the Company of
the name of said Steward(s) (i .e., one (1) from Hub/ROC and one (1) from
the Terminal Technician group) authorized to represent the employees and
will notify the Company in writing of any change of the Steward(s). The
Union shall designate one of the Stewards as Chief Steward, who shall be
entitled to preferential seniority as described in Article 17(2)(e). This shall
not affect the operation of Article 4(e) of the collective agreement.
(b) When an employee is to be disciplined with a verbal or written warning, the
employee will be informed of his right to have a Steward present at the )
disciplinary meeting provided a Steward is available. If a Steward is not
available, the employee shall have the right to have a seniority employee
who is working on the shift be present as a witness, and the Company may
proceed to issue the warning. Any company imposed discipline must be
imposed no later than 7 days after the event(s) giving rise to the disciplinary
action occurred or the Company reasonable should have known that it
occurred , it being understood that the actual disciplinary event may not be
served until a later date due to scheduling complexities . The employee and
the Steward shall receive copies of all disciplinary notations.
(c) Where an employee is to be disciplined by suspension or termination, the
Company shall inform the Business Agent, who will attend the disciplinary
meeting which shall be conducted as soon as practicable. The Company
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will not be prejudiced due to any delay in the issuance of such suspension
or termination due to the unavailability of the Business Agent.
In disciplinary matters requ1nng immediate attention, the Company may
immediately suspend the employee without pay and the formal disciplinary
meeting with the Business Agent shall be scheduled as soon as practicable.
In such case, the employee shall have the right to have a seniority
employee who is working on the shift be present as a witness when the
employee is being informed of his immediate suspension .
(d) The Company will recognize a Union negotiating committee for the renewal
of this Collective Agreement made up of the Steward(s), plus the Business
Agent of the Union with responsibility for the bargaining unit. On each day
on which the Steward(s) misses his scheduled shift to attend negotiations
for the renewal of this Collective Agreement, up to but not including
conciliation and thereafter, the Company shall pay such employee his
wages for such shift at the regular non-overtime rate of pay.
(e) The Union may appoint additional Stewards to service new Home Base
locations which are remote from the current Home Base locations.
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ARTICLE 5
SETTLEMENT OF DISPUTES AND METHOD OF ARBITRATION
1. Procedure
Any difference that may arise between the Company and the Union concerning the
interpretation, application, or alleged violation of this Agreement will be processed
in the following manner:
(a) The employee shall, within 7 working days of the incident or within 7
working days of the employee reasonably having knowledge of the
circumstances giving rise to the dispute, first raise his/her issue(s) with the
employee's immediate supervisor and attempt to resolve the matter.
(b) In the event the dispute cannot be resolved as prescribed in Section (a) the
employee and steward shall take up the matter to his manager within 5
working days of the matter being raised with the supervisor.
(c) In the event the dispute cannot be resolved as prescribed in Section 1 (b)
above, the parties involved will reduce the dispute to writing and forward it
to the Company and Union representatives designated to handle grievances
who will then attempt to resolve the grievance(s) within five (5) working days
unless an extension is mutually agreed upon. (The designated
representatives for purposes of this subsection will be the relevant Business
Agent for the Union and the General Counsel for the Company.)
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(d) In the event that the grievance(s) is (are) not resolved as prescribed in
Section 1 (c) above, it may then be referred to arbitration according to the
provisions of Section (e) below.
(e) If the parties are unable to resolve the grievance(s) within the time period
set out above, either party may then refer the grievance(s) to arbitration by
providing written notice of its desire to arbitrate the grievance(s), within
fifteen (15) working days after the period set out in 1(c) above has ended .
2. Arbitration Procedure
(a) All matters submitted to arbitration by either Party to this Agreement shall be
referred to a single arbitrator.
The Party submitting the matter to arbitration shall provide the other Party
with a list of the names of three (3) arbitrators satisfactory to the Party at the
same time they notify the other Party of their intent to proceed to arbitration.
The Party receiving notice of the other Party's intent to proceed to
arbitration shall respond within five (5) working days of receipt of the notice,
acknowledging receipt and agreeing to one (1) of the arbitrators named by
the other Party. Alternatively, in the event that the Party receiving notice is
unable to agree on the name of an arbitrator, they shall then provide the
other Party with a list of three (3) arbitrators. The Party submitting the
matter to arbitration then has five (5) working days in which to respond to
the other Party's list of arbitrators. Should the Parties be unable to agree on
the name of a single arbitrator, either Party may apply to the Minister of
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Labour to appoint an arbitrator in accordance with the provisions of the
Ontario Labour Relations Act.
(b) The arbitrator shall have no power either to amend or to modify the terms of
this Agreement or to substitute a new clause or clauses in lieu of any
existing clause or clauses or to give a decision inconsistent with the terms
and provisions of this Agreement. The decision of the sole arbitrator shall
be final and binding upon the parties hereto.
(c) The fees and expenses of the arbitrator shall be borne equally by both
parties.
3. Sunset Clause
Any discipline imposed upon an employee may not be relied upon in any future
discipline or any future proceeding after 18 months from the date of imposition of
such discipline.
4. Policy Grievances
Should either party claim that this collective agreement has been violated, the
parties by mutual agreement, unless it is mutually agreed that no meeting is
necessary, will meet to determine the facts and attempt to resolve the issue. In
case of failure to agree, the grievance will be submitted to arbitration as specified
herein above and the decision rendered will be final and binding on both parties
hereto.
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ARTICLE 6
MANAGEMENT RIGHTS
The management of the business is vested solely in the Company. The management
and operation of the business and the direction of the working force, including the right
to transfer employees, discipline employees for just cause, determine work locations,
methods and procedures, workplace policies, the scheduling of work and the control
and regulation of the use of all equipment and other property of the Company, are the
exclusive functions of the Company. The Company shall have full right to exercise its
functions and to conduct its business in the manner it deems appropriate.
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ARTICLE 7
NO STRIKE/NO LOCKOUT
The Union agrees that during the currency of this collective agreement, there shall be
no strikes, stoppages, or work slowdowns and the Company agrees there shall be no
lockouts.
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ARTICLE 8
WAGE RATES
1. Wage Schedule and Classifications
(a) The classifications and wage rates shall be established in Schedule "A" to
this collective agreement.
(b) Where the Company proposes to introduce a new classification, the
Company will provide the Union with a job description and the Company
and Union shall meet and determine the wage rate applicable to such
classification.
Wage increases will be reflected in Schedule "A."
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1. Straight Time
ARTICLE 9
RATES OF PAY
The employee's hourly straight time pay will be as stated in Article VIII of this
Agreement.
2. Time and One-half
(a) Employees shall be paid at the rate of time and one-half (1.5) for all work
performed in excess of forty (40) hours per week.
3. Holiday Pay
(a) Where an employee performs work on a holiday, he/she shall be paid at one
and a half (1 'Y2) times his or her wage rate for all hours worked on the
holiday, plus eight (8) hours holiday pay.
(b) Holiday hours, whether worked or not, will be considered part of the
scheduled work week for purposes of satisfying the 40 hours minimum
scheduled work week, but will not count toward any additional weekly
overtime calculation.
(c) Employees working on a holiday set out in Article 1 0(6)(a) shall be
scheduled for a minimum of at least eight (8) hours.
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4. Continuous Hours of Work
(a) The Company will supply sandwiches and beverages on moves when
continuous hours of work are involved . The Company will allow one-half
(1/2) hour paid meal break and this time will be considered work time.
(b) In cases where there is insufficient time on moves and employees are
therefore unable to have a meal break, one-half (1/2) hour for meals will be
allowed after the work period. The Company will provide such employees
with a meal allowance of $10.00.
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1. Health and Welfare
ARTICLE 10
FRINGE BENEFITS
The Company will provide group benefits (Extended Health Care, Dental Care,
Long-Term Disability, Life Coverage, and Accidental Death and Dismemberment)
for full-time employees pursuant to Company's plan with Sun Life Assurance
Company of Canada, (Contract 74589). In lieu of a vision care benefit, the
Company will , at the conclusion of each calendar year, pay to each full-time
employee a sum of money equal to 1-1/2% of their gross pay for the year just
ended , subject to normal tax withholdings.
2. Group RRSP
The Company will sponsor a group RRSP into which employees shall be able to
contribute a percentage of their wages on a tax favored basis. The Company will
match 50% of an employee's contribution, up to 6% of their gross pay.
3. Vacations
(a) Each employee will be entitled to accrue paid vacation leave at the following
accrual rates:
• During the first five (5) years of employment - 80 hours per year,
vacation pay equal to 4% of gross earnings;
• During the second five (5) years of employment - 120 hours per year,
vacation pay equal to 6% of gross earnings;
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• After ten (10) years of employment- 160 hours per year, vacation pay
equal to 8% of gross earnings.
(b) Employees may only take vacation if they have sufficient vacation hours
accrued.
(c) If approved by the Company, Employees may take vacation in increments of
less than a week.
(d) The Company will report current accrued vacation on each employee's
Statement of Earnings and Deductions.
(e) No scheduled holidays as described in this Article will be charged against
vacation.
(f) In addition to the vacation to which an employee is entitled, he/she may
request additional time off without pay. Granting such time off will be a
leave of absence entirely at the Company's discretion. An employee must
first use all of their accrued vacation time before requesting a leave of
absence.
(g) Employees may take vacation in increments of single days, up to a
maximum of one week of vacation. In the event of multiple requests for a
single vacation day, the Company shall grant at least one request per
classification for the requested day and if operationally possible, it shall
grant further requests for that day on the basis of seniority. Employees shall
request single vacation days at least 14 days in advance. Should an
employee's request for a single day be less than 14 days from the date
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requested, the Company will make every effort to accommodate the
request.
(h) Carryover Arrangement
1) An employee may carryover up to two (2) weeks/80 hours of
vacation entitlement into a subsequent calendar year. If the
employee wishes to do so, they must advise the company in writing
by no later than November 15th in the year prior to the year that the
vacation is being used.
2) If the employee's normal vacation entitlement is greater than 2
weeks/80 hours, the employee must use any remaining vacation
entitlement in the year prior to the year that the carried over
vacation week(s) is/are being used. If the carryover is only one (1)
week, the employee must take holiday in accordance with the terms
of (i) below.
3) The employee will be paid for the week(s) being carried over at the
commencement of the year in which the vacation is being used.
4) The employee may then schedule a block of vacation, of up to four
weeks, during the year that the carryover week(s) are to be used, in
accordance with the usual process for scheduling vacation.
Despite the foregoing, an employee seeking to schedule a four
week block of vacation using carried over vacation week(s) may not
do so during the period from May 1st to August 1st.
5) An employee may only carryover vacation once every five (5)
calendar years.
(i) Use of Vacation
An employee with two weeks/80 hours of vacation entitlement shall be
required to schedule at least one week/40 hours of vacation time per
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calendar year.
An employee with greater than two weeks/80 hours of vacation entitlement
shall be required to schedule at least two weeks/80 hours of vacation time
per calendar year.
Any unused vacation time shall be paid out to the employee by January 31 51 of the
subsequent calendar year 4.
Scheduling of Vacation
(a) Each employee entitled to vacation will submit his/her request for vacation
time to his direct supervisor on the Company's approved Vacation Request
form not later than 1 January of each year. The vacation schedule will be
established by the Company and announced not later than 15 February.
The Company will endeavor to grant all vacation requests in accordance
with this Article. However, the Company may deny a vacation request due
to business needs. Requests for vacations will be honored in accordance
with established seniority at the Home Base in the following manner:
1) The most senior employee (submitting a timely request) may select in
one-week increments of time the schedule for some or all of his/her
available vacation time. If the employee elects to take portions of
his/her vacation time at various periods of time over the calendar
year, then his/her right of priority will only pertain to the first period
requested. For example, if an employee is entitled to four (4) weeks
of vacation time and s/he elects to split the time into three
increments: July, August, and November, only the time off in July will
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be granted priority. The subsequent periods of time will be subject to
the rotational selection process discussed below.
2) The next most senior employee (submitting a timely request) may
select in one-week increments of time the schedule for some or all of
his/her available vacation time. The procedure described
immediately above will apply.
3) After all of the employees of a particular job classification at a
particular job location (who have submitted a timely request) have
selected and been granted some or all of their vacation time, then the
process will recommence with respect to the next vacation period
requested. For example, the period selected in August by the
employee in 1) above, would be granted provided another employee
of the same job classification at the job location was not previously )
granted this period of time. This process will continue until all the
requested time has been scheduled .
Once the vacation schedule is established, the Company may revise that
schedule for operating emergencies such as a change in racing schedules.
(b) An employee who fails to submit his/her vacation request prior to 1 January
may request vacation at a later time. However, his/her vacation will be
assigned by the Company as permitted by work schedules and vacations
already approved for other employees. Also, when an employee has
accumulated in excess of the amount of vacation that can he earned by that
employee in one (1) year unless such excess accumulation is a result of the
employee having vacation requests denied, the Company reserves the right
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to require that employee to take any excess over that amount at the
convenience of the Company.
(c) If the employee is outside his Home Base territory when his vacation is
scheduled to start and travels back to his Home Base territory, he will
receive Travel Time and Mileage Allowance at the rate established pursuant
to Articles XIV and XV to reach his home territory before starting his
vacation.
(d) If the Company and an employee agree that he will take his vacation while
outside of his home territory and he does not actually travel to his home
territory, he will receive Living Allowance during his entire vacation and no
further compensation for travel time or mileage allowance.
5. Bereavement Pay
(a) In instances of death in the immediate family (spouse (including common
law spouse or same sex spouse/partner) child , parent, siblings) the
Company will grant 5 days of paid leave. The Company will grant 3 days of
paid leave in the case of the death of an employee's mother-in-law, father
in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparent, spouse's grandparent, or grandchild . The Company will grant
1 day paid leave in the case of the death of an employee or employee's
spouse's aunt, uncle, niece, or nephew. In all cases, the actual dates of the
leave must be mutually agreed to by employee and the Company.
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(b) In extenuating circumstances (including international travel outside North
America), the Company and employee may agree to a certain number of
unpaid leave days in addition to the paid leave discussed above.
6. Holidays
Holidays will be provided and paid in accordance with the provincial law covering
employees subject to this Agreement.
The following are paid Holidays subject to the conditions herein:
(a) New Year's Day Family Day Good Friday Victoria Day Boxing Day
Canada Day Labour Day Thanksgiving Day Christmas Day Floater
(b) Any employee may request time off during the week in which a holiday
occurs and his/her request may be granted provided his/her services can be
spared.
(c) The floater holiday may not be used in the same week as another holiday.
(d) Employees shall request the floater holiday in writing at least 14 days in
advance. Seniority will govern the allocation of floater holidays.
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ARTICLE 11
HOURS OF EMPLOYMENT
1. Standard Work Day and Work Week
(a) The standard work day for employees shall be a minimum of seven (7)
consecutive hours and the Company will schedule employees to work a
minimum of 40 hours per week. This clause does not apply to part-time
employees.
(b) An Employee may be scheduled, upon his/her request, to work longer
shift(s) in order to work less days each week, if the Company agrees.
2. Overtime
(a) The relevant overtime thresholds and rates of pay shall be as set out in
Article IX.
(b) Employees may be required to work overtime but no employee will have the
right to work any specific number of overtime hours. When overtime is
required it will be assigned among those employees in the job classification
in which the work is needed on a seniority basis. That is , the principle of
"Right of First Refusal" will be applied so that the most senior employee will
have the first opportunity. If s/he declines, the next senior employee will be
asked and so on . If all the senior employees refuse, then the most junior
employee may accept the assignment unless a temporary employee
capable and qualified to perform the work required is on the job. In such
case, the junior employee may refuse the assignment and the temporary
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employee may accept the assignment. In emergency cases (such as where
an employee calls in sick at the last minute), the Company will seek
volunteers currently on shift while the Company undertakes the process
noted above. In the event that the above-noted process does not result in
an Employee reporting to work to perform the overtime work, such work
shall be offered to the senior Employee on shift that is willing to perform the
work. Employees shall not be required to remain on duty beyond their
scheduled shift where personal circumstances prevent them from doing so.
In any event, no employee shall be required to work in excess of 13 hours
but that nothing in this agreement precludes an employee from volunteering
to work excess hours.
3. Reporting Times
Reporting times will be established by the Company and published in the shift )
schedule. In no event, however, will Employees be scheduled to work less than
forty (40) hours work per week, except for part-time employees.
4. Meal Periods
Employees will be entitled to a paid meal break of one-half (%) hour per shift.
Employees are on standby during meal times in case their services are needed
and no additional compensation will be paid for work performed under these
circumstances. [See 41h Letter of Understanding attached .]
5. Cancellations
If for any reason a race performance is cancelled, in whole or in part, as a result of
Acts of God, power shortages, storms or other disruptions, employees will be paid
as follows:
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(a) If an employee does not report for work, or is unable to report for work, he
shall receive no pay. If the employee earns forty (40) hours of pay during
any week in which a regular work schedule has been subject to a
cancellation despite the cancellation or cancellations, the Company will
have no further obligation. However, if an employee would otherwise not
earn forty (40) hours of pay in such a week, s/he will be paid for forty (40)
hours. The Company's total annual obligation per employee in this regard
will be 40 hours of pay. After this amount has been paid, the Company will
have the right to require the employees to work the missed hours, or, if the
employee prefers, to take vacation, to earn that forty (40) hours of pay for
any week in which one or more cancellations would otherwise create a
situation in which the employee would not earn forty (40) hours of pay.
(b) If an employee reports for work, he shall be paid for all hours actually
worked with a minimum of four (4) hours pay.
6. Scheduling
The Company shall establish the available schedules at each Home Base.
Employees shall be able to select an available schedule by seniority. The
Company shall post the finalized shift schedule at least one (1) week prior to the
commencement of the schedule, if possible.
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ARTICLE 12
DOUBLE SHIFT AND MATINEE PROGRAM CONDITIONS
1. Double Shifts
(a) The double shift is the condition where an employee works at least two (2)
tracks or job assignments at different locations on the same calendar day
without a permanent change in his/her present assignment.
(b) The distance between the tracks or job assignments is limited to a
maximum of fifty (50) miles (80 kilometers) in this condition .
(c) The time is actually takes the employee to travel from their Home Base to
the first assignment, from the first to the second assignment, and from the
second assignment back to the Home Base, shall be considered work
time.
(d) Employees on double shift will be permitted to take one-half(%) hour for
eating between the two job assignments-provided sufficient personnel
are available to safely cover the second assignment during this time.
(e) When an employee is working during the day on a set-up assignment and
his/her regular assignment is nights, s/he will be allowed one (1) hour
personal clean-up time between his/her day and night assignments which
will be considered work time and shall be paid as such.
(f) Employees shall receive mileage for the accumulated mileage from the
employee's Home Base to the 1st assignment, from the 1st assignment to
the 2nd assignment, and from the 2nd assignment back to the Home Base.
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ARTICLE 13
HOME BASE CONDITIONS
1. All employees shall be assigned a Home Base location which shall be a
specific racetrack or OTB which the employee normally works at or out of in
the course of his duties. Subject to Section 4 below the Company shall not
transfer, relocate or otherwise remove an employee (not including instances
of discipline) from their Home Base without the employee's consent.
2. The Company will have the right to establish new Home Bases as needed in
accordance with the terms of this agreement. When a new Home Base will
be established, the Company shall post job openings in relation to the new
Home Base in all then current Home Base locations. Jobs at the new Home
Base will be filled in accordance with the job posting language of the
agreement and subject to Article 17 Section 5 (a). Should the number of
applicants for such positions be insufficient, the Company may then hire
persons from outside of the bargaining unit.
3. Employees changing to a new Home Base to which they have voluntarily
requested to be assigned shall not be entitled to relocation allowance or
travel time. Such an employee shall receive mileage and travel time.
4. Where the Company removes an Employee from a facility at the request of
the Customer, the Employee will have a period of 30 days within which to
pick a new work location or Home Base from amongst available openings.
If the employee chooses a new work location or Home Base that is more
than 120 kilometers away, the Employee will receive Living Allowance for a
period of 30 days beginning on the date a new Home Base is chosen. Upon
his/her second removal from a facility, the employee will receive a two (2)
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week suspension and will not be eligible for Living Allowance. Upon a third
removal, the employee will be terminated. The Company will, in such
cases, use its best efforts to persuade the track to not request that the
Employee be removed.
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ARTICLE 14
MILEAGE AND COMMUTATION RATES AND CONDITIONS
1. Mileage and Commutation Rates
Employees will be compensated for either Mileage or Commutation at the
Company's official corporate rate which shall be based on the rate established by
the Canada Revenue Agency (CRA).
2. Mileage
When an Employee on shift is required to travel in his/her personal vehicle for
Company business from his/her Home Base or current location he/she will receive
Mileage for kilometers traveled to and from the travel destination, plus toll charges.
3. Commutation
When an Employee is assigned in accordance with Article 17 to a work location
that is located over 25 kilometers away, the Employee shall receive reimbursement
for Commutation as follows, based on one round trip per day for each day actually
worked:
a. When an employee is working at an assignment within a 25 km radius of
their home base or work location, there will be no commutation allowance.
b. Distances between 26 and 120 kilometers inclusive will be paid at the
corporate rate plus any tolls.
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4. Distances Over 120 Kilometers
When an Employee is transferred from one job assignment to another job
assignment that is over 120 kilometers from the Employee's Home Base, the
Employee shall receive Mileage as well as Living Allowance in accordance Article
16.
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1 . Travel Time
ARTICLE 15
TRAVEL TIME
Sufficient prior notice will be given for travel. Travel Time will be considered work
time. The following conditions relate to Travel Time:
(a) One (1) hour will be allowed for each unit of eighty kilometers 80 km or
fraction thereof traveled per calendar day.
(Note: Travel time between Woodbine and Mohawk is 1 hour each way,
and %hour between Woodbine and Greenwood each way.)
(b) Employees will not be required to drive longer than 10 hours in any
calendar day. If an Employee is required to work and travel in the same
day, the total time will not exceed 12 hours.
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ARTICLE 16
LIVING ALLOWANCE
1. Employees required to travel beyond a 120 kilometer radius from their
Home Base location will receive , in addition to Mileage, travel time and any
other entitlement under this Agreement, applicable advance living allowance
payment as follows:
(a) An employee required to leave his Home Base to work and return the
same calendar day and his travel work time does not exceed ten (1 0)
hours will not receive a Living Allowance for that day. An employee
who is required to leave his Home Base for more than ten (1 0) hours,
will receive the applicable Living Allowance for that day.
(b) All employees will receive $35.00 per day or a fraction of such day.
(c) Payment of Living Allowance to an employee requesting time off in a
situation where he would normally receive a Living Allowance will be
made only if no other employee is required to replace him which
requires Living Allowance payment to the replacement of employees.
(d) Whenever an employee is requested to provide services at a facility
outside his Home Base for a period not exceeding two (2) weeks, the
Company will compensate the employee for mileage or
transportation, reasonable lodging expense plus an amount not to
exceed twenty-five dollars ($25.00) per day for meals.
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ARTICLE 17
SENIORITY AND SENIORITY RIGHTS OF COMPANY EMPLOYEES
1. Probationary Period
(a) There will be a probationary period of six (6) consecutive months of
employment required of new employees before being accepted for
permanent employment, after which time the employee will become a
permanent employee, will be credited with six (6) months of seniority, and
will have his or her date of hire recorded as his or her seniority date.
Probationary employees may be discharged without recourse to the
grievance and arbitration process of the agreement.
(b) Until a probationary employee completes a period of continuous
employment sufficient to qualify him/her as a permanent employee, such
probationary employee will not be eligible for any benefits under this
Agreement.
(c) Probationary employees will be compensated for any overtime worked in
accordance with the provisions of provincial statutes and regulations.
(d) Probationary employees are not entitled to select track assignments or job
assignments in accordance with the provisions of Article XVII, Section 5(c)
of this Agreement.
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2. Layoffs
Layoffs of employees because of lack of work at a Home Base location will be as
follows :
(a) Seniority employees at the Home Base location who volunteer to take layoff
will be laid off first.
(b) Temporary employees at the Home Base location with less than six (6)
months' service will be laid off second.
(c) Probationary employees at the Home Base location will be laid off third.
(d) Temporary employees at the Home Base location with six (6) months' or
more service shall be laid off fourth.
(e) For purposes of lay-off only, the Steward will have preferential seniority and
will be considered the most senior employee in the bargaining unit, provided
he has at least two (2) years seniority with the Company. The name of such
Steward will be furnished to the Company in writing by the Union promptly
following the execution of this Agreement and within thirty (30) days after
any changes in the identity of Steward .
(f) Thereafter, employees at the Home Base location will be laid off in the
inverse order of their established seniority by classification . Employees may
bump a less senior employee in the Home Base location provided he/she is
qualified and physically able to perform the work .
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(g) Employees will be recalled in reverse of the above order provided the
employee has the qualifications to perform satisfactorily the available work.
3. Promotions and Job Postings
(a) All job openings in the bargaining unit shall be posted at each Home Base
location within fourteen (14) days of becoming vacant. Job postings shall
remain posted for seven (7) days. Openings shall be filled as follows:
(i) First by the most senior applicant at that Home Base location in that
classification wishing to change his shift. Such a transfer will not be
made more than once in a two-year period for any employee;
(ii) Second by the most senior qualified applicant at that Home Base
location;
(iii) Third by the most senior qualified applicant at another Home Base
location . Such successful applicant shall not be entitled to relocation
allowance; and
(iv) Should no qualified applicant apply for the position, the Company
may hire from outside the Bargaining Unit.
(b) The successful candidate shall be given the position on a trial basis of up to
120 days. Should the Company determine that the employee is unsuitable
for the position or the employee ask to be removed from the position ; the
employee will be placed in his previous position . In such case, the
Company shall not be responsible for any relocation costs.
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4. Termination of Seniority
An employee's seniority will be deemed to have been terminated by the
occurrence of any of the following events:
(a) He is discharged and not reinstated.
(b) Resignation or absence of three (3) or more consecutive work days without
notifying the Company prior to or during this period and without having a
satisfactory reason for such absence.
(c) He exceeds a leave of absence without notifying the Company and without
having a satisfactory reason for such absence.
(d) He is laid off because of the needs of the Company's services for a period
of twenty-four (24) consecutive months.
(e) Upon failure to return to work from layoff within ten (10) working days after
the mailing of notice to report given by Registered Mail from the Company to
the employee's last known address, unless a satisfactory reason for such
failure is given.
5. Job Assignment
(a) The Company agrees to abide by the seniority rule of job assignment except
that nothing in this selection may limit the Company's right to assign
employees to jobs at tracks when, in its best judgment because of the
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seniority assignments it is unable to render a service acceptable to its
customers or operate in an efficient and expeditious manner.
(b) It is understood that because of the nature of the Company's operations,
employees must be available to travel in accordance with the needs of the
business.
(c) Seniority employees will be allowed to select track assignments within their
own Home Base area and tracks supplied from that Home Base area based
on the following conditions:
(i) The employee is qualified to fill the position at the track he has
selected.
(ii) An employee making a selection of job assignment must remain on
that assignment until the completion of the meet.
(iii) When the track is running live racing, arrangements will be made so
that employees may take a day off each week and so vacation time
off may also be scheduled. The Company will supply appropriate
relief for this time off.
6. Seniority Lists
The Company shall post a separate full time seniority list and a separate part time
seniority list, and forward a copy of each to the Union, twice per year: January 31
and July 31. Any objection(s) by an employee in respect of his or her position on
the respective seniority list or the information on the respective list pertaining to the
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employee shall be raised in accordance with the grievance procedure within twenty
(20) days of the posting of the seniority list, after which point, no grievance may be
filed by the employee in respect of his or her objection.
7. Full vs. Part-Time Seniority
It is understood that full time seniority shall take precedence over part-time
seniority.
8. Assignment Outside the Bargaining Unit
(a) When an employee agrees to be assigned by the Employer to a position
outside of the bargaining unit, the employee shall continue to accumulate
seniority in the bargaining unit for a period of up to six (6) consecutive
months from the date that the assignment began. In the event that the )
employee is not reassigned by the employer back to a position in the
bargaining unit prior to the expiry of another six months, the employee shall
be deemed to have lost all of his seniority in the bargaining unit and shall
have no recall rights to a position in the bargaining unit.
(b) An employee who has agreed to be assigned to a position outside of the
bargaining unit may, prior to the expiry of the time period set out in (a)
above, request that they be reassigned to their former position within the
bargaining unit. Where such a request is made, the Company shall comply.
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9. Severance Pay
The Company agrees that in the event that an employee is or will be permanently
laid off as a result of a shortage of work, it shall pay the employee one week of
pay for each year of service in excess of eight (8) years, up to a maximum of
three (3) weeks.
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ARTICLE 18
MISCELLANEOUS
1. Notification of Employment
The Union will be promptly notified in writing of any bargaining unit employee hired
by the Company-stating where hired, classification, and date employed.
2. Personal Vehicle Use
When an employee uses his/her car on Company business other than for transfers
as covered under Commutation allowance (Article XIV), s/he will receive
compensation at the established rate. Should an employee use his/her car for
Company business while in the performance of travel as covered under
Commutation and Mileage, s/he will be compensated at the established rate, only
as stipulated in these paragraphs.
3. Death or Illness While Traveling
In the event of death or serious illness of an employee while traveling on Company
business, the following conditions will apply:
(a) The Company will pay the cost of transporting back to his/her Home Base
an employee who is seriously ill or injured in an accident and is unable to
return under normal conditions.
(b) The Company will pay the cost of shipment of remains in the case of death.
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4. Equipment Movement
Employees will distribute and/or relocate ticket issuing machines.
5. PersonneiRecords
The Business Agent may inspect the items in an employee's personnel records if
such Business Agent has the employee's written consent to do so, and the
employee may be present if s/he so desires. The employee may review his
personnel file on request up to twice a year.
6. Renegotiation of Terms
This Agreement may be opened for changes, other than to term, during its term by
mutual consent of both parties hereto.
7. Invalid Provisions
Should any provision of this Agreement be declared illegal by any court of
competent jurisdiction such provision will immediately become null and void,
leaving the remainder of the Agreement in full force and effect and the parties will
thereupon seek to negotiate substitute provisions which are in conformity with
Canadian Labour laws.
8. No Discrimination
The Company and the Union agree not to discriminate against any applicant or
employee on account of any enumerated prohibited ground set out in the Ontario
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Human Rights Code.
9. Dress Code
Dress code for field employees (while track is operating) :
(a) No sandals, sneakers , or running shoes allowed .
(b) Socks required .
(c) No jeans allowed .
(d) Shirts with collars required.
(e) Hair and beard neatly trimmed .
(f) Any specific attire required by track management.
10. Payroll- Direct Deposit
All employees will be required to participate in the Company's direct deposit payroll
program where permitted by law. The Company may institute payroll changes that
will result in the production of electronic pay statements. Employees may be
required to log into a secure third party access point in order to retrieve their
paystub. If the employee wishes to do so, they may log into and print a copy of the
paystub using the Company's equipment. Employees will not be required to enter
their hours into the third party payroll system, unless they wish to do so.
11 . Training
Employer responsible for all costs associated in training. All time spent in training
shall be considered as time worked . Where training occurs at a location other than
the employee's Home Base, s/he will be paid mileage allowance if the training is
more than 30 km from Home Base.
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12. Requirement for Medical Note
Where an employee is absent from work due to illness for three consecutive
shifts, he/she shall be required to obtain a medical note from a physician. The
note shall be submitted to the Company when the employee returns to work. In
the event that the employee is required to pay for the medical note, he/she shall
submit a receipt or invoice to the Company and shall be reimbursed for the cost
of the note.
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1. Term
ARTICLE 19
TERM OF AGREEMENT
Upon ratification, this Agreement will be effective as of January 1, 2016, and will
continue in effect until midnight, December 31, 2018. It will automatically renew
itself for additional terms of one (1) year unless either the Company and/or the
Union serves written notice on the other party within ninety (90) days, prior to the
end of the term or the end of any subsequent one (1) year period that the party
serving such notice desires to modify this Agreement.
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IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be
executed by their duly authorized representatives :
FOR THE COMPANY:
/1~1 /b Date
Date
Manager of Canadian Operations
CindyW~es Date
Director of Human Resources
FOR THE UNION:
~k_ & uce Price
Busines Agent/Legal Counsel
Martin F. uarte Date
Chief Steward, SEIU Member
--~....,.-~-=....c...-~=----~ -~=-=-e--=->-b 1\ta~ . :2..5 . .Zolf, Wayne Weir Date
Steward, SEIU Member
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January 1, 2016
Between:
15T LETTER OF UNDERSTANDING
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION
("the Union")
-and-
AMTOTE CANADA INC. ("the Company")
Re: Home Base Location
The Parties agree that all current employees shall maintain their existing Home Base location. Any change of Home Base location shall be made pursuant to the terms of the Collective Agreement between the Parties as has been tentatively agreed or ratified as the case may be.
FOR THE COMPANY: FOR THE UNION:
i/1~/lb DATE
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January 1, 2016
2nd LETTER OF UNDERSTANDING
Between:
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION
("the Union")
Re: Shift Exchanges
-and-
AMTOTE CANADA INC. ("the Company")
During the course of negotiations, the parties discussed the ability of employees to engage in shift exchanges. Further to that discussion, the Company agrees that the current practice of allowing shift exchanges between employees shall continue for the duration of this collective agreement.
In accordance with that practice, employees will be permitted to engage in shift exchanges, subject to the approval of the supervisor on shift at the time the request to exchange shifts is submitted. The Company agrees that the supervisor shall not unreasonably deny the proposed shift exchange. For the purpose of clarity, the parties agree that the Company may refuse to approve a shift exchange where it would give rise to overtime or where the exchange may cause a violation of the Employment Standards Act, 2000.
FOR THE COMPANY: FOR THE UNION:
DATE ~~7//6 CBFCePfiC~ DATE
Business Agent/Legal Counsel
NOTE: During the course of Dec. 2015 negotiations, the parties also agreed that in the event that the Company assigns an employee to work at Greenwood Teletheatre as his/her normal work location, former Letter of Understanding #2 shall be revived and incorporated into the collective agreement as a new Letter of Understanding #7.
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January 1, 2016
Between:
3rd LETTER OF UNDERSTANDING
Amtote Canada Inc.
and
Service Employees International Union Local 2, Brewery, General & Professional Workers' Union
Re: Scheduling
During the course of negotiations, the Union raised several concerns related to the scheduling of shifts for members of the bargaining unit.
Further to those discussions, the Company agrees as follows:
1) An employee will not be scheduled for a day shift (i.e. a shift commencing prior to 12:00 p.m.) following a shift that ends after midnight, unless the employee consents to such an arrangement. )
2) In scheduling the shifts of employees in the bargaining unit, the Company will ensure that employees are not scheduled for greater than 5 consecutive shifts, unless the employee consents to such an arrangement or where such scheduling is operationally unavoidable. With respect to the latter circumstance, the Company shall make its best efforts to avoid scheduling in a manner that will give rise to such an extended work schedule (i.e. any such occurrences should be an anomalous result) .
3) In the interests of stability and certainty for employees in the bargaining unit, the Employer will consider posting work schedules for selection that are of a longer term and the parties agree to have ongoing discussion about this during the first year of the collective agreement.
4) With respect to the work schedule for those employees in the HUB, the Company agrees that where it is operationally possible to do so, it shall include at least one schedule line composed of five (5) eight (8) hour shifts per work week.
DATE ruce Price DATE
Business Agent/Legal Counsel
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January 1, 2016
4th LETTER OF UNDERSTANDING Between:
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION
("the Union")
Re: Meal/Break Periods
-and-
AMTOTE CANADA INC. ("the Company")
During the course of negotiations, the parties agreed that it is important to make allowance for employees to leave the work area while at the same time ensuring that there is no interruption to the operation of the Hub/ROC.
Accordingly, the parties agree as follows:
1. During the busiest periods of time, being between 11 a.m. and 2 p.m. and 5 p.m. to 7:30 p.m., employees may take their paid 30 minute meal period, but shall remain in the Hub/ROC area. A "standby room" shall be provided, which may be used by employees on break during those periods of time. If an employee takes their meal period during a peak period of time, the Company will make allowance for a short break, not to exceed fifteen minutes, during an off-peak period of time, to enable the employee to leave the work area (but not the premises) .
2. Employees may opt to utilize the 30 minute meal period at a time other than during the peak periods of time noted above, in which case the employee may leave the Hub/ROC for the meal period, provided that he/she takes a radio and does not leave the premises.
FOR THE COMPANY: FOR THE UNION:
DATE
!ktLu{J/16 DATE I
Business AgenULegal Counsel
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January 1, 2016
Between:
5th LETTER OF UNDERSTANDING
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION
("the Union")
-and-
AMTOTE CANADA INC. ("the Company")
Re: After Hours Tech Calls
During the course of negotiations, the parties discussed the issue of Hub/ROC employees being assigned to respond to calls during periods of time at which Terminal Technicians are not scheduled to be on shift. In light of that discussion, the parties agreed to the following:
1. Where necessary, employees will be properly trained in order to respond to such calls.
2. Where a Hub/ROC employee is assigned to respond to such a call, he/she shall take a radio with them.
3. In addition to the foregoing, the Company agrees that when an employee is assigned to respond to such a call, it shall request that Woodbine dispatch a security officer to attend the area of the call.
FOR THE COMPANY: FOR THE UNION:
DATE
kek &Hll/6 ~uce Price • DATE
Bus1ness Agent/Legal Counsel
'Vfl~!lb
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January 1, 2016
Between:
Gth LETTER OF UNDERSTANDING
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION
("the Union")
-and-
AMTOTE CANADA INC. ("the Company")
Re: Grace Periods and Extenuating Circumstances
During the course of negotiations, the parties had extensive discussion about the concerns of the Union's members in the Hub/ROC and, in particular, about the need for a degree of flexibility and less rigidity in that work area. The parties agreed that it would be mutually beneficial for employees and management in the Hub/ROC to engage in ongoing communication and the parties will make their best efforts in that regard. Mr. Stiffler will periodically convene, when possible, group meetings with staff, for the purpose of engaging in a dialogue with the Union's members in the Hub/ROC.
The Employer agrees, initially on a trial basis, to make allowance for lateness that is the result of a valid extenuating circumstance that is beyond the employee's control (for e.g., where the employee encounters unexpected traffic conditions or where there is an emergency situation involving a member of the employee's immediate family). In such circumstances, the employee's lateness will be excused (i.e. it will not result in use of one of the two 10 minute grace periods) provided that the employee has contacted the manager on shift (or Mr. Stiffler where no manager is on shift) to advise of the lateness, the reason for the lateness, and the anticipated arrival time at the workplace. The employee will be offered the opportunity to make up the time missed where possible. The Employer will be entitled to keep track of such lateness for its internal purposes and where it is of the reasonable opinion that its leniency in this regard is being abused, it shall first advise the Union and provide the Union with a chance to address the issue with its members. Should that not resolve the Employer's concern, the Employer may opt to end the trial period and process described above.
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Despite the foregoing, the Employer agrees that it shall continue the practice with respect to the two monthly grace periods of 10 minutes.
FOR THE COMPANY: FOR THE UNION:
DATE
~k2~{:(4 ~e DATE
Business Agent/Legal Counsel
1/llq/lb
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Schedule A
1. For employees hired after BarnUJar~ '~~ 2l6H ~~ the following pay grid applies : HOURLY SALARY
RATE
1-Jan-16 1-Jan-17 1-Jan-18
(a) Hub Operator
3rd year rate $21.40 $21.88 $22 .37
2nd year $20.97 $21.44 $21.93
At Hire $19.78 $20.22 $20.68
(b) RDC Operator
3rd year rate $19.17 $19.60 $20.04
2nd year $18.79 $19.22 $19.65
At Hire $17.40 $17.79 $18.19
(c) RDC OPERATOR/ASSISTANT
3rd year rate $18.16 $18.57 $18.99
2nd year $17.80 $18.20 $18.61
At Hire $16.69 $17.06 $17.45
(d) REMOTE ASSISTANT OPERATOR
3rd year rate $17.36 $17.75 $18.15
2nd year $17.01 $17.40 $17.79
At Hire $15.88 $16.24 $16.60
(e1) LEAD HAND- TERMINAL TECHNICIAN
Rate $19.06 $19.44 $19.83
(e2) TERMINAL TECHNICIAN
3rd year rate $17.06 $17.44 $17.83
2nd year $16.73 $17.10 $17.49
At Hire $15.02 $15.36 $15.70
(f) PART- TIME EMPLOYEES
3rd year rate $16.20 $16.56 $16.93
2nd year $15.89 $16.25 $16.61
At Hire $14.47 $14.70 $15.13
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HOURLY SALARY
RATE
1-Jan-16 1-Jan-17 1-Jan-18
(g) ASSEMBLY/ MANUFACTURING TECHNICIAN
3rd year rate $16.20 $16.56 $16.93
2nd year $15.89 $16.25 $16.61
At Hire $14.47 $14.79 $15.13
Note #1: Employees currently in the Lead Hand -Terminal Technician positions shall maintain their current wage rate and shall receive the wage increases scheduled for each of January 1 2016, 2017 and 2018.
2. All employees that are not encompassed by the wage grid in Schedule "A" (i.e., those employees that were hired on or before January 1, 2011) shall receive a 2.25% increase to their wage rate on January 1, 2016, January 1, 2017 and January 1, 2018.
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