COLLECTIVE AGREEMENT BETWEEN: CLS CATERING SERVICES … and Foo… · 2.01 The Company recognizes...

COLLECTIVE AGREEMENT

BETWEEN:

CLS CATERING SERVICES LTD.

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

TERM

July 1, 2018 - June 30, 2021

TABLE OF CONTENTS

ARTICLE PAGE

Contents ARTICLE 1 - PURPOSE AND COVENANT ................................................................... 1

ARTICLE 2 - RECOGNITION ......................................................................................... 1

ARTICLE 3 - FUNCTIONS OF MANAGEMENT ............................................................. 2

ARTICLE 4 - UNION SECURITY .................................................................................... 2

ARTICLE 5 - STRIKES AND LOCKOUTS ..................................................................... 4

ARTICLE 6 - UNION REPRESENTATION ..................................................................... 4

ARTICLE 7 - GRIEVANCE PROCEDURE ..................................................................... 6

ARTICLE 8 - ARBITRATION .......................................................................................... 7

ARTICLE 9 - SENIORITY ............................................................................................... 8

ARTICLE 10 - LAY-OFF AND RECALL ...................................................................... 11

ARTICLE 11 - LEAVE OF ABSENCE .......................................................................... 12

ARTICLE 12 - SAFETY ................................................................................................ 13

ARTICLE 13 - HOURS OF WORK ............................................................................... 14

ARTICLE 14 - HOLIDAYS ............................................................................................ 18

ARTICLE 15 - WAGES ................................................................................................. 19

ARTICLE 16 -VACATION ............................................................................................ 19

ARTICLE 17 - HEALTH & WELFARE .......................................................................... 20

ARTICLE 18 - GENERAL ............................................................................................. 22

ARTICLE 19 - EMPLOYER AND UNION CO-OPERATION ........................................ 23

ARTICLE 20 - EXISTING WORKING CONDITIONS ................................................... 24

ARTICLE 21 - RENEWAL, AMENDMENT AND TERMINATION ................................. 24

APPENDIX 'A' ............................................................................................................... 25

LETTER OF UNDERSTANDING .................................................................................. 31

Re: UFCW Charity Fund (Leukemia) ...................................................................... 31

Re: Air Line Presentations ...................................................................................... 32

Re: Food and Beverage ........................................................................................... 33

Re: Full Time Job Opportunities ............................................................................ 34

Re: Benefit Premiums ............................................................................................. 35

Re: CSR Transitional Issues ................................................................................... 36

Re: Article 1.04 ......................................................................................................... 37

Re: Weekend Work .................................................................................................. 38

Re: Union Filing Cabinet and Lockers ................................................................... 39

Re: Vacation Statement. .......................................................................................... 40

Re: Bi II 148 ............................................................................................................... 41

Re: Bargaining Unit Work ....................................................................................... 42

COLLECTIVE AGREEMENT

Executed this __ day of ______ , 2018.

BY ANO BETWEEN CLS Catering Services Ltd. (hereinafter called the "Company")

- and-

United Food and Commercial Workers International Union, Local 175 (hereinafter called the "Union")

ARTICLE 1 - PURPOSE AND COVENANT

1.01 The Company and the Union agree that the general purpose of this Agreement is to promote co-operation and harmony, to define the wages and working conditions of employees of the Company represented by the Union and to define the means by which complaints, grievances and disputes shall be disposed of promptly and equitably.

1.02 It is agreed that an effective relationship demands reasonable and sensible approaches to differences which may arise and that the best possible working conditions achievable within practical and equitable means are collectively the objective of both the Company and the Union.

1.03 Where the masculine pronoun is used in this Agreement, it shall be deemed to include the feminine.

1.04 The employees of the employer not covered by this collective Agreement shall not normally perform bargaining unit work except for the purpose of instruction, training or a bona fide operational need but not to the extent they directly cause a lay-off or reduction of hours of any bargaining unit employee, nor shall it prevent the offering of overtime. Notwithstanding the above, it is agreed that employees of the employer not covered by this Agreement who currently perform bargaining unit work will not be considered a violation of this Article.

1.05 In the event that the Company determines that it is necessary to contract out any bargaining unit work, the Company agrees it will notify the Union at least four (4) weeks in advance of its intent to do so. The Company and Union will meet to explore alternatives to reduce the impact to any affected employees.

ARTICLE 2 - RECOGNITION

2.01 The Company recognizes the United Food and Commercial Workers Canada, Local 175, as the exclusive bargaining agent for all employees of CLS Catering Services Ltd., at Lester B. Pearson International Airport, in the City of Mississauga, save and except, office and clerical staff, supervisors, and persons above the rank of supervisor.

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Clarity Note: The Union agrees that up to three (3) security guards hired by the Employer shall be excluded from the bargaining unit. In the event that the Employer hires more than three (3) guards, the three (3) most senior guards shall be excluded from the bargaining unit.

2.02 The term "employee" as used in this Collective Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 1.01 above.

2.03 A full-time employee is an employee who regularly works forty (40) hours per week.

2.04 A part-time employee is any employee only as specifically set out in Appendix 'A' to this Agreement.

2.05 The Employer shall not enter into any agreement or contract with those employees for whom the Union has bargaining rights, either individually or collectively, which would conflict with any of the terms of this Agreement.

ARTICLE 3 - FUNCTIONS OF MANAGEMENT

3.01 The Management of the Company and the direction of the working force, including the right to plan, direct and control plant operations, maintain order, efficiency, quality and productivity, to maintain the discipline and efficiency of the employees, and to require employees to observe reasonable Company rules and regulations, to hire, lay-off or assign employees' working hours, to suspend, transfer, promote, demote, discipline and discharge employees for just cause, are to be the sole right and function of Management, provided that this right shall be exercised with due regard for the rights of the employees contained in this Collective Agreement.

3.02 The Management of the employers operation and the selection and direction of all employees shall continue to be vested with the Company, except where specifically abridged by the terms of the Collective Agreement.

3.03 The Company shall not exercise its management rights in a manner inconsistent with the terms of this agreement.

3.04 The parties agree that the foregoing enumeration of Management's rights shall not be deemed to exclude other recognized functions of Management not specifically covered by this Agreement. The Company therefore retains all rights not otherwise specifically covered in this Agreement.

ARTICLE 4 - UNION SECURITY

4.01 (a) Employees on the payroll of the Company as of date of ratification who are members of the Union in good standing must thereafter remain members of the Union as a condition of employment.

(b) All employees of the Company, in the bargaining unit, as of date of ratification and those hired on or after the date of ratification shall become and remain

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members of the Union in good standing as a condition of employment.

(c) The Company shall remit to the Union, within fifteen (15) calendar days following receipt of the completed United Food and Commercial Workers International Union Membership Application Form signed by the new employee.

4.02 (a) (i) The Company shall, during the term of this Agreement as a condition of employment, deduct from members of the bargaining unit the regular weekly Union dues, such Dues shall be remitted to the Union in accordance with the Company's payroll cycle (bi-weekly) for the pay period immediately following the pay period for which the dues were collected.

(ii) The Company shall deduct membership initiation fees as may be established by the Union and forward application forms and such fees to the Union with the regular bi-weekly dues remittance.

(b) The remittance statement shall be documented containing a dues and initiation report which will be provided in the form of an e-mail ([email protected]) or on a computer diskette as well as hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Company and the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following information as known to the Company.

1. S.l.N. 2. Employee Number if Applicable 3. Full Name (Last/First/Initials) 4. Full Address including City and Postal Code 5. Telephone Number including area code 6. Date of Hire 7. Rate of Pay 8. Classification 9. Designation 10. Union dues deducted (or the reason a deduction was not made) If dues are

collected weekly, the report requires five (5) columns for such reporting. 11. Total Dues deducted 12. Back dues owing 13. Vacation pay breakdown of dues owing 14. Initiation fees deducted 15. Total initiation fees deducted

(c) The Company agrees to record the annual dues and fees for each employee on his/her T4 form.

4.03 The Union shall provide the Company with thirty (30) days written notice of any increases or decreases in the amount of dues to be deducted from the bargaining unit employees.

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4.04 The Union shall indemnify and save harmless the Company, its agents and/or employees acting on behalf of the Company, from any and all claims, demands, actions or causes of action arising out of, in any way connected with the collection and remittance of such dues.

4.05 The Company agrees to acquaint new employees with the fact that a Collective Agreement is in effect and with the conditions of employment set out in Article 4.01 and 4.02.

ARTICLE 5 - STRIKES AND LOCKOUTS

5.01 It is solemnly promised and agreed by the parties hereto, that during the life of this Agreement or while negotiations for its amendment or renewal are in progress, there shall be no strikes, slowdowns, stoppages of work, or other interferences whatsoever with the performance of the work which is designed to restrict or limit output of the Company, nor shall there be any lockouts by the Company.

5.02 The definition of the terms "strike" and "lockout" as used in section 5.01 above shall be in accordance with the Labour Relations Act.

ARTICLE 6 - UNION REPRESENTATION

6.01 No individual member or group of members shall undertake to represent the Local Union at a meeting with the Employer without authorization of the Union.

In order for this to be carried out the Union will supply the names of its Representatives. Similarly, the Company will supply the Union with a list of supervisory or other personnel with whom the Union may be required to transact business.

6.02 (a) The Union shall have the right to appoint or otherwise select up to six (6) Stewards from amongst the employees within the bargaining unit who have completed the probationary period. The Union will endeavour to appoint Stewards by Department as identified below, with the understanding that where there is insufficient representation, the Union may appoint stewards from any department to the maximum compliment.

3 Stewards - Production 2 Stewards - Transport 1 Steward - Stores/Equipment/Bond

(b) The Union will notify the Employer in writing of the name of each steward and, where applicable, each committee member, before Management shall be required to recognize any person so selected.

(c) The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer. A Steward shall be permitted a reasonable amount of time during standard working hours without loss of pay to perform the functions hereinafter provided pursuant to this Agreement. He shall not leave his work at any

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time to perform such functions without having regard to operational requirements and without first having informed his supervisor as to the general nature of his business and secured the permission of his supervisor to leave, and such permission shall not unreasonably be withheld.

(d) The bargaining unit employees have the right, at any time, to have the assistance of a Representative of the United Food and Commercial Workers Union when dealing with the Employer. Such Representatives shall have access to the Employer's premises with the approval of the Company which shall not be unreasonably denied, in order to interview employees, inspect working conditions or generally service the membership

6.03 The Employer agrees to recognize a Union Negotiating Committee consisting of a Union Representative(s) of the United Food and Commercial Workers Union and not more than three (3) bargaining unit employees appointed or elected by the Union. The Union will endeavor to select committee members as follows, one each from Production, Transportation and Stores/Equipment/Bond. It is understood that the Chief Steward will automatically be appointed to the committee by virtue of his/her position. Employees appointed by the Union to the Negotiating Committee, who are required to be in attendance at negotiating sessions, shall be paid their hourly rate for eight (8) hours per day for each day spent at negotiations (including one (1) day of preparation), up to and including conciliation and mediation.

6.04 Any employee who so desires it, shall have the right to review his/her personnel record in the presence a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. Times designated by Management will be reasonable.

6.05 (a) The Employer agrees that whenever an employee is subject to any disciplinary action that is intended to become a part of an employee's record regarding his/her work or conduct at work, a steward will be present as a witness. The employee may request that the steward leave the meeting.

(b) In the event a steward is not available, this condition will be brought to the attention of the employee. The final action that becomes part of the employee's record will then be postponed until the steward is available.

(c) If any disciplinary action is taken, by the employer, the employee shall have the right to have a steward present, except where the employee refuses the stewards presence. If any discipline occurs without the steward being present, such discipline will be null and void, except in the case of the employee requesting the steward to leave.

(d) Should discipline be imposed, the Employer's reason for such discipline will be provided to the employee in writing. For the purpose of filing a grievance, the date of occurrence will be the date of such notice/discipline.

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ARTICLE 7 -GRIEVANCE PROCEDURE

7.01 Any complaint, disagreement, or difference of opinion between the Employer and the Union, or between the Employer and an employee covered by this Collective Agreement which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Collective Agreement, may be considered as a grievance.

7.02 First Step

An employee who has a complaint regarding the interpretation, application, operation, or alleged violation of this Collective Agreement shall discuss it with his Supervisor with a view to prompt and fair adjustment.

7.03 Second Step

Should an employee not receive satisfaction in Step 1 above, the issue shall be brought to the Department Manager, with or without the Union Steward, within five (5) working days from the response above.

7.04 Third Step

Should an employee not receive satisfaction in the Second Step, the Union may on his behalf present the written grievance to the General Manager, or his designate, provided however, that the grievance is received not later than ten (10) calendar days of receipt of the reply in the second step and further provided that it sets out the provision or provisions of this Agreement of which it alleges a breach and the relief sought. Within five (5) working days immediately following receipt of the grievance or within such longer period as may be agreed, the said General Manager or designate shall arrange a meeting with the Union Representative, the steward involved and griever and with such others as he deems necessary for proper discussion of the matter. Within five (5) working days immediately following the meeting, or within such longer period as may be agreed, the said Manager shall state his final disposition in writing and return the grievance to the Union.

7.05 Fourth Step

Failing settlement under Third Step, the matter may be submitted to Arbitration, as hereinafter provided in Article 8.00, within the twenty-one (21) working days immediately following the final decision in the Third Step.

7.06 Group Grievance

The Company will recognize a group grievance as one which affects more than one employee with respect to whom the issues and facts are substantially the same. Group grievances shall be initiated at Step 3.

7.07 Policy Grievance

Any grievance arising directly between the Company and the Union shall be presented in 6

writing by the Company or the Union as the case may be. Within ten (10) working days following the presentation of said grievance if either party so requests, officials of the Company and the Union shall meet to discuss the grievance and a final decision in writing shall be rendered within the five (5) working days following such meeting. The matter may be submitted to arbitration as hereinafter provided in Article 8.00 within the twenty-one (21) working days immediately following the final decision.

7.08 Discipline and Discharge

No employee covered by this Collective Agreement shall be disciplined in any manner, suspended or discharged without just cause. It is understood that the discharge of a probationary employee is at the sole discretion of the Company. Any grievance dealing with a suspension or discharge shall commence at Step 3 of the grievance procedure.

7.09 When it becomes necessary to discipline an employee, the discipline shall be imposed within seven (7) days from the Company becoming aware of the infraction giving rise to the discipline provided the employee is at work to meet with the Employer. If the employee to be disciplined is absent for 2 days or more, during the seven day period referred to above, the time period may be extended by the equal number of days of the absence to a maximum of seven calendar days in total.

7.10 A grievance by an employee who has been suspended or discharged shall be taken up under the Third Step of the grievance procedure.

7.11 The time allowances provided for in this Article may be extended by mutual Agreement between the Company and the Union.

7 .12 Where an employee receives a written warning and receives no further written discipline for a period of eighteen (18) clear months from the date of the warning, in the case of suspensions the discipline shall stay on the employees file for twenty-four (24) clear months or the warning or suspension is withdrawn by grievance or arbitration procedure, such warning shall be removed from the employee's record and shall not be used in any subsequent action or arbitration proceedings.

ARTICLE 8 - ARBITRATION

8.01 Any matter or question arising from the interpretation, application, administration, or an alleged violation of this Agreement, including the question of whether or not a matter is arbitrable, may be submitted to arbitration at the written request of either of the parties hereto as herein provided. Any grievance submitted to arbitration, shall make reference to the provision or provisions of this Agreement which are alleged to be violated and shall state the relief sought.

8.02 No dispute or grievance shall be submitted to arbitration, which has not been dealt with pursuant to Article 7.00 hereof.

8.03 Within thirty (30) days of receipt of the Company's Step no. 3 reply either party may elect to proceed to arbitration using one of the following Arbitrators:

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Joe Carrier, Randy Levinson, John Stout, Steve Raymond, Paul Haefling, William Marcotte

The grievance shall be referred to a mutually agreed Arbitrator on the list.

In the event the parties fail to agree to an Arbitrator from the list or to a hearing date such grievance shall be referred to the Arbitrator on the list with the earliest hearing date.

The Company and the Union can at any time by mutual agreement add or remove an Arbitrator from the agreed list.

8.04 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement nor shall he add to, delete from or otherwise alter or modify any of the provisions of this Agreement.

8.05 Both parties shall share the cost of the Arbitrator, equally.

ARTICLE 9 - SENIORITY

9.01 Seniority shall mean the length of continuous employment, from their most recent date of hire in the bargaining unit with the Employer and shall include service with the Employer prior to certification or recognition of the Union. This applies to employees who were under the employ of predecessor employers and/or who may be employed in future by successor employers of the bargaining unit. This article shall apply to all provisions of this Collective Agreement affected by seniority.

9.02 A newly hired person shall be a probationary employee without seniority until he has completed ninety (90) days worked performing his/her regular duties. The probationary period may be extended for not more than an additional thirty (30) days worked when mutually agreed between the Company and the Union.

9.03 Notwithstanding anything to the contrary in this Agreement, the discharge or discipline of a probationary employee shall be at the sole discretion of the Company.

9.04 On the date of completion of his probationary employment, an employee shall have seniority dating from his/her most recent date of hire with the Company and such seniority shall accrue with continuous service thereafter. Also, his name shall be added to a bargaining unit seniority list which shall be up-dated by the Company in January, May and September of each year and posted in a prominent place on the Company premises and a copy shall be forwarded to the Union, and a copy of the seniority list shall be provided to the Chief Steward upon request.

9.05 An employee who has been separated from employment by lay-off, shall retain and continue to accrue seniority for a period equal to his seniority at the date he was separated from employment by lay-off or for a period of nine (9) months following that date, whichever period is the lesser.

9.06 Workers shall continue to accrue seniority if they are absent from work because of 8

sickness, disability, accident, lay-off or other approved leave under this Collective Agreement.

9.07 In January, May and September of each year thereafter, the seniority list, including the employees' seniority, service date, classification and employment status (full-time or parttime) shall be posted in the various departments on the union bulletin board and a copy mailed (or emailed) to the Union.

9.08 A part-time employee cannot use seniority for the purpose of displacing a full-time employee.

9.09 In the event of a tie in seniority dates for two (2) or more employees, the tie shall be broken by drawing lots/numbers or any other mechanism mutually agreed to between the Union and Employer.

9.10 An employee shall forfeit all seniority and rights to employment within the bargaining unit:

should he/she be absent for three (3) consecutive working days without reporting to the Company and without reasonable explanation, or,

should he/she knowingly make any false statement relevant to his employment on his/her application of employment, or,

should he/she terminate resign his/her employment, or,

should he/she fail to return to work upon completion of a leave of absence unless a reasonable explanation acceptable to the Company is provided to the Company, or works elsewhere during a leave of absence, without the approval from the Company, or,

should he/she be dismissed and the dismissal is not reversed pursuant to the grievance/arbitration procedure, or,

should he/she fail to respond to recall pursuant to Section 10.03 hereof, or,

should he/she retire, or,

should he/she transfer out of the bargaining unit for a period in excess of sixty (60) days, or,

should he/she be absent due to sickness or disability for a period of more than twelve (12) months, subject to the Company's obligations under the Human Rights Code.

Should there be any proven incident of consumption, selling, or distributing, any Substance, including alcohol, or drugs during working hours.

9.11 (a) Employees who wish to be considered for a promotion, transfer, or a new position shall inform the Human Resources Department twice per year by January 15 and

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July 15 of each year using the proscribed form. The proscribed form will remain in effect for a period of six (6) months from the date the Company confirms receipt of such form. A form must be used for each classification/department that the employee wishes to be considered for.

(b) An employee who moves to another classification/department will not be considered for another position for a period of nine (9) months, from the commencement of the new position.

(c) A list of any promotions, transfers or the filling of a full-time position shall be provided to the chief steward at the conclusion of each month.

9.12 In filling job vacancies, or when completing the shift bid process the Company shall consider:

1. Skill, Ability and Qualifications

2. Seniority

The Company shall first consider skill and ability and where in the judgment of the Company the skill, ability and qualifications are relatively equal, seniority shall govern. The judgment of the Company shall not be exercised in an arbitrary or discriminatory manner in such consideration.

9.13 No employee shall be transferred to a position outside the bargaining unit without his/her consent. If an employee is transferred to a position outside the bargaining unit, he/she shall retain his/her seniority accumulated up to the date of leaving the unit, but will not accumulate further seniority. Within thirty (30) calendar days, such employee shall have the right to return to his/her former position in the bargaining unit consistent with his/her seniority accumulated up to the date of transfer outside the unit.

9.14 No employee shall be transferred in excess of thirty (30) days to another classification within the bargaining unit without his/her consent. At the conclusion of such transfer the transferred employee shall be returned to his/her previous position at the applicable rate of pay.

In the event such transfer is to a higher rated job, the employee will receive the rate of pay for that classification which provides an increase to such employee. In the event such transfer is to a lower rated job, the employee shall maintain his/her current rate of pay.

9.15 New employees shall not be hired where there are employees on layoff who have the ability and availability to do the job.

9.16 A part-time employee may apply for a full-time vacancy subject to section 9.11 hereof and be placed in the full-time wage progression at the start rate or a rate that gives him an increase, provided such job is a higher rated job and he shall then progress on the full-time wage scale from that point on.

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9.17 Should any new classification be established during the term of this agreement, the parties agree that the rate of pay for such classification shall be negotiated between them. In the event that the parties are unable to agree, the employee shall work at the rate set by the Company and the matter shall be submitted to arbitration.

ARTICLE 10- LAY-OFF AND RECALL

10.01 In the event the Company decides to reduce the working force, the Steward shall be notified. Probationary employees and students will be laid off first, then, employees shall be retained in order of most seniority provided the senior employee has the skill, ability and qualifications to fulfill the requirements of the available jobs.

10.02 In the event the Company decides to increase the working force, laid-off employees shall be recalled in order of most seniority provided the requirements of the available jobs can be fulfilled.

10.03 A laid-off employee in response to recall, shall within three (3) days following the date of recall, notify the Company that he intends to return to work and shall report for work within five (5) days following the date of recall. A recall shall be communicated to the last address of which the Company has been officially advised in writing by the employee.

10.04 The Employer shall provide fourteen (14) days' notice to employees who are to be laid off unless of a catastrophic event.

10.05 (a) Employees shall have bumping rights in accordance with their seniority. Bumping is defined as follows:

Where an employee is to be laid off, in accordance with 10.01 above, he/she will have the option to displace the most junior employee in a classification, for which he/she has the seniority skill, ability and qualifications to perform the required work.

(b) In the event the laid off employee is not qualified to bump in accordance with the above provisions, such employee may accept part-time work and be placed at the top of the part-time seniority list.

10.06 Employees shall be recalled in the order of their seniority, where jobs become available, provided they have the skill, ability and qualifications to perform such jobs. The Employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Employer advised at all times of his/her current address.

10.07 If a lay-off becomes permanent the Employer shall pay severance pay on the basis of one and a half (1 %) week's pay per year of service or part year thereof to a maximum of thirty-six (36) weeks.

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ARTICLE 11 - LEAVE OF ABSENCE

11.01 During a leave of absence, other than a statutory leave of absence, such as a Maternity Leave, or while on a layoff, the Employer shall be required to pay the employer's portion of the cost of premium and the Employee shall be required to pay their portion of the premiums in advance in order to maintain coverage for all Extended Health and Dental Premiums and shall maintain coverage for a period of thirty (30) days. Seniority shall continue to accrue during any leave of absence or layoff.

11.02 Personal Leave

(a) The Employer may grant leave of absence without pay to any employee requesting such leave for a period not to exceed six (6) weeks, without loss of seniority. Such requests shall be in writing and submitted thirty (30) calendar days or such longer period where possible, in advance to the Human Resources Department who shall reply in writing within five (5) working days. Such approval shall not be unreasonably denied, taking into consideration the operational needs of the Employer, and shall set out the commencement and end dates of the leave.

(b) Leaves of absence when granted will be on a first come first served basis.

11.03 Education/Union Convention Leave

(a) The Employer shall grant leave of absence without pay for up to four (4) members to attend Union conventions or educational sessions. Such leave must be applied for at least three (3) weeks in advance and all leaves for all employees in aggregate shall not exceed twenty-five (25) working days per year.

(b) An employee elected or appointed to a paid full-time position within the Union, shall be granted leave of absence without pay.

(c) The Employer will pay the lost wages of employees who are on leave of absence at the written request of the Union and the Union will reimburse the Employer the full amount of lost wages paid to the employees.

11.04 Jury Duty/Witness Leave

When an employee is required to serve a on Jury or as a Witness or who is required in any court of law or coroner's inquest, he/she shall be relieved of his/her duties for such time as it may require, and he/she shall be paid the difference between his/her fee as a Juror or Witness, and his/her earnings for the time lost. It is the employee's responsibility to come to work at any time during the week that he/she is not actually required for Jury Duty or to be present in Court except where less than two (2) hours remain in the shift.

11.05 Bereavement Leave

An employee shall be granted three (3) regular scheduled consecutive work days 12

leave without loss of salary or wages in the case of the death of a parent, wife, husband, child, brother, sister, grandparent.

An employee shall be granted one (1) regular scheduled work days leave without loss of salary or wages in the case of the death of a mother-in-law, father-in-law, grandchildren, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle.

11.06 Compassionate Care Leave

An employee shall be granted Compassionate Care Leave in accordance with Provincial Legislative Standards, for up to eight (8) weeks, without pay, to provide care and support to a family member whose illness is potentially fatal.

11.07 Maternity/Parental/Adoption Leave

Maternity/Parental/Adoption leave shall be granted, without pay, as per the Employment Standards Act Ontario.

11.08 Election Leave

Employees shall be allowed four (4) consecutive hours off before the closing of polls in any federal, provincial or municipal election or referendum, without deduction from normal daily pay.

11.09 Return From Leave of Absence

An employee shall return to his/her classification and position upon returning from any leave of absence. It is understood that the ability of an employee to return in accordance with the foregoing is subject to Article 14, in that, if staff reductions occur during his/her absence, he/she will be effected in accordance with his/her seniority standing at the time the reduction occurs.

ARTICLE 12 - SAFETY

12.01 (a) The Company shall require all employees to wear safety shoes which are Canadian Safety Association approved and must be anti-slip with steel toe. The Company shall pay a boot allowance of up to one hundred dollars ($130.00) once every twelve (12) months, and effective 1 January 2016, Drivers, Loaders and CSR/Account Manager, only, will receive a boot allowance of up to $160.00 every twelve months, upon presentation of a valid receipt, provided such permanent employees has passed their probationary period.

(b) The Company agrees to supply, at no cost to the Employee, all sanitary and safety clothing and equipment that is required to be used including rubber gloves, insulated gloves where required, hair coverings and goggles. First aid supplies shall be accessible, and an eye wash area shall be maintained.

(c) In consultation with the Health & Safety Committee, the issue of appropriate footwear by department or classification shall be considered.

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Transportation employees will be supplied with jackets and appropriate gloves at no cost to the employee.

Jackets will be supplied for employees who work in the freezer, including "Receiving".

All employees will be required to maintain all safety clothing and equipment. Replacements will only be provided for normal wear and tear. Lost or misplaced safety equipment or clothing shall be re-issued at the employee's expense.

12.02 The Company shall comply with applicable provincial safety legislation and regulations.

12.03 (a) There shall be a Safety Committee, comprised of up to four (4) representatives of the Company and four (4) representatives of the Union, which shall meet at least once every month.

(b) The parties agree that time spent in Committee and or Occupational Health and Safety related work will be considered a highly important part of the worker's job and all time spent in attending meetings shall be paid at the applicable hourly rate.

12.04 Each month one (1) Safety Committee Representative from the Company and one from the Union shall meet and tour the workplace during working hours to review safety conditions and make recommendations they deem advisable to correct unsafe conditions. Recommendations of the safety committee will be given priority consideration and where a dispute arises the matter will be submitted to the Grievance and Arbitration Procedure. The minutes of the Health and Safety Committee meetings shall be kept and distributed to the Committee members with one (1) copy to be posted on the Health and Safety bulletin board.

12.05 Lost time accidents will be investigated by the Committee, and where considered necessary, make recommendations designed to eliminate the possibility of further accidents of a similar nature.

12.06 Apart from Certification Training, worker and employer members of the Health and Safety Committee will be trained by trainers certified and recognized by the Workers' Health and Safety Agency of Ontario. It is agreed that the preferred delivery organization will be the Workers' Health and Safety Centre.

12.07 An employee who is injured during working hours and is required to leave for treatment of such injury shall receive payment for the remainder of the shift at their hourly rate of pay, unless the doctor states that the employee is fit for further work on that shift.

ARTICLE 13 - HOURS OF WORK

13.01 (a) It is the Company's management right to schedule in accordance with the needs of the business and nothing in this Article shall be construed as a guarantee of hours of work per day or per week, or as to the number of shifts or the starting and stopping times of shifts.

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(b) The work week shall be a period of seven consecutive days beginning at 12:01 a.m. on Monday through to 11 :59 p.m. Sunday night.

13.02 The normal work week for full-time employees shall consist of five (5) shifts consisting of eight (8) hours or four (4) shifts of ten (10) hours of work per day, and forty (40) hours per week, it being understood that nothing herein shall constitute a guarantee of the hours of work per day or per week. Full-time employees shall receive two (2) consecutive days off each week unless otherwise mutually agreed. The third day off for an employee working four (4) ten (10) hour shifts may not be consecutive

13.03 In the scheduling of the normal hours of work within the respective departments, the Employer agrees that hours will be scheduled as follows:

(a) First to full time employees by department to a maximum of eight (8) hours per day and forty (40) hours per week, or, a maximum of ten (10) hours per day and forty (40) hours per week for full time employees who regularly work the four (4) day work week; then

(b) to part-time employees by department seniority, subject to availability, to a maximum of eight (8) hours per day and thirty-two (32) hours per week; then,

(c) hours of work that become available due to employees not reporting for work as scheduled or additional hours of work required by the Employer shall, if required, be scheduled/offered in accordance with A6 of Appendix 'A'. Should additional hours still be required, such may be offered in accordance with Article 16.

(d) When scheduling all other employees, other than those who participate in the shift bidding process, the Company shall consider the needs of the business (which shall not be unreasonably applied) and the employee's seniority.

13.04 (a) A work schedule shall be posted in the department on each Thursday by noon showing the scheduled working hours for each employee covered by the Collective Agreement, for the next two (2) succeeding weeks.

Employees shall be granted a five (5) minute grace period at the commencement of their scheduled shift for payroll purposes only.

Should it become necessary to change an employees work schedule, the Employer shall provide as much advance notice as is practical.

13. 04 (b) Shift Bids

The shift bid will take full effect no later than the second Monday in April and the second Monday in September each year

The Shift Bid will apply to the Catering Assistant Classification within the following Departments: Cutlery, Equipment Delivery/Shipment Handling, Galley, Retail, Garde Manger, Cold Kitchen, Dishout, Trayset, Bakery, Bond.

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At least seven (7) days prior to the commencement of the shift bid, the Company will determine the staffing requirements and will prepare shift schedules, by department, as set out above. Shift schedules will set out the number of jobs, start/stop times, days off and shall be posted on the notice board.

Shift Bid

At the completion of the posting period, employees within the department will be canvassed by seniority within a maximum of seven (7) days of the posting period. Upon completion of the shift bid the new schedule shall commence within fourteen (14) days. Employees within the departments will bid shifts in seniority order. Employees who will be absent at the time of shift bid may leave a memo with the Company, copied to the Union Steward(s), advising the shift(s) they wish to bid. If they have not done so or the desired shift is unavailable they will be assigned a shift by Management.

Transition During the Bid Process

The shifts developed will have two (2) consecutive rest days. The requirement for two (2) consecutive rest days will not apply during the execution of a shift change.

No Employee shall be adversely affected as to pay or time off (based on the standard work week) when shift schedule changes are initiated by the Company. The Company will compute such affect for the period of time the shift schedule was in effect and will credit the Employee at straight time for all time gained as a result of the change. It is recognized that the Company may change task assignments in order to accommodate operational needs. Where the outcome of the shift bid results in ongoing operational problems, the parties will meet to discuss alternate arrangements which are consistent with the operational requirements of the Company

13.05 Shift Trades

Management will not unreasonably withhold permission for Employees to trade shifts however, no employee shall be permitted to work double shifts as a result of a shift trade, or for one Employee to arrange for another Employee to work his shift, provided that such arrangements are requested in writing as far in advance as possible. When arranging shift trades Employees must ensure that the Employee who will be covering the shift is qualified and that approval is provided by the Company, prior to trading shifts.

13.06 Rest Periods

(a) The meal period will be one-half (1/2) hour unpaid. The Company shall endeavor to have meal periods to be taken not less than four (4) hours nor more than five (5) hours after the starting time of the shift.

(b) Employees will be granted a fifteen (15) minute rest period without loss of pay during each half of each shift as near to the mid-point of the half shift as is

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practicable. Employees working four (4) ten (10) hour shifts shall be entitled to an additional ten (10) minute paid break or shall be entitled to leave early at the conclusion of their shift, by mutual agreement.

13.07 (a) Full-time employees called in to work on his/her day off will be paid at the applicable rate of pay for all hours worked with a guarantee of four (4) hours.

(b) Employees required to report for work or called in to work will be guaranteed a minimum of four (4) hours pay. It is understood that this provision does not apply where there is no work available due to circumstances beyond the control of the Employer.

13.08 In the event of a dispute involving an employees pay or hours of work, the Union Representative of the United Food and Commercial Workers shall have the right to inspect the relevant bargaining unit employees' time cards and/or time sheets that are at issue.

13.09 Employees scheduled to commence work between 10:00 p.m. and 5:00 a.m. shall be paid a shift premium of fifty (50¢) cents per hour for all hours worked on such shift.

13.1 O Employees shall not be required to work a split shift except as mutually agreed.

13.11 Overtime

(a) Time and one-half (1 ~)the employee's regular hourly rate of pay shall be paid for all time worked in excess of forty-four (44) hours per week.

Effective 1 January 2019 Time and one-half (1 ~)the employee's regular hourly rate of pay shall be paid for all time worked in excess of forty-two (42) hours per week.

Effective 1 July 2020 Time and one-half (1 ~)the employee's regular hourly rate of pay shall be paid for all time worked in excess of forty (40) hours per week.

(b) There shall be no duplication of overtime premiums.

(c) Overtime work may be required, and the Company shall offer the over-time in accordance with seniority within the classification. In the event the Company needs additional manpower, the Company may require employees to work such over-time in reverse order of seniority subject to the employee's skill and ability to do the work in an acceptable manner. The Company will endeavour to provide as much advance notice as is practical.

(d) When canvassing for overtime the Company will endeavour to provide employees with adequate notice.

13.12 Overtime shall be authorized only by the Company and offered first to the employee normally performing the work to be done in order of seniority. An employee shall be considered for overtime work, provided the employee has previously satisfactorily

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performed the requirements of the work to be done.

13.13 The Company shall provide time keeping equipment on the premises and an employee shall be required to punch otherwise record his time immediately prior to the start of his shift and immediately after the conclusion of his shift. The Company may make pay deductions for late reporting and for early leaving.

ARTICLE 14 - HOLIDAYS

14.01 (a) The following days shall be recognized as paid holidays:

New Year's Day Good Friday Victoria Day Civic Holiday Thanksgiving Day Boxing Day

Canada Day Labour Day Family Day Float Day Christmas Day

Any holiday proclaimed by the provincial governments.

An employee must have completed their probationary period to be eligible for the Float Holiday

14.02 Employees who are required to work on any of the above named holidays will receive one and a half times(1 % x) their regular rates of pay for all hours worked, in addition to pay for the holiday or an additional day off with pay as the employee elects.

14.03 (a) If any of the above mentioned paid holidays occurs during an employee's vacation period, the employee will receive an additional day off with pay to be added on to the end of his/her vacation period.

(b) If any of the above mentioned paid holidays occurs during an employee's regular day off, such employee will receive another day off, (lieu day) with holiday pay, within sixty (60) days of the holiday at a time mutually agreed between the employee and the Company.

14.04 Schedules shall not be changed in order to directly avoid payment of premium pay.

14.05 For each paid holiday, employees shall be paid as follows:

Full-time employees shall be paid eight (8) hours or ten (10) hours depending on their regular hours of work at their regular hourly rate of pay.

14.06 The Employer recognizes that an employee may, for religious reasons wish to observe holidays other than those listed. In such cases and subject to advance notice the worker shall be entitled to observe such alternate holidays, without pay, with the supervisor's approval, and subject to operational requirements of the business.

14.07 Holiday pay pursuant to Section 16.0 hereof, shall not be paid to any employee who fails 18

without reasonable cause to work his/her last regularly scheduled shift preceding the Holiday and his/her first regularly scheduled shift following the Holiday.

ARTICLE 15 - WAGES

15.01 A Full-time employee shall be classified in one of the classifications set out in Schedule 'A' and shall be paid a "Base Hourly Rate" normally determined by the length of his/her continuous service with the Company.

(a) Lead Hand - $1.00 per hour premium Red Seal Designation - $1.00 per hour premium Cold Room Premium - $1.00 per hour premium Coordinator - $2.00 per hour premium

Lead Hand and/or coordinator shall be designated and appointed at the Company's discretion.

15.02 An employee shall be paid bi-weekly by direct "Bank Deposit Method" and shall receive a statement of earnings and deductions, bi-weekly which will include the employees vacation earnings.

ARTICLE 16 -VACATION

16.01 Vacations with pay shall be granted to all employees covered by this Agreement on the following basis:

(a) Full-time employees with less than one (1) years' service as of January 1st in any year will receive a pro-rated vacation entitlement as of January 1 of the subsequent year, which shall be paid at four (4) percent of their previous year's earnings (in accordance with the Employment Standards Act).

(b) Full-time employees with greater than (1) years continuous service but less than five (5) years continuous service from their anniversary date of their employment will receive two (2) weeks' vacation with pay as of January 1 in the subsequent year, which shall be paid at four (4) percent of his earnings to January 1st.

(c) Full-time employees with more than five (5) year's continuous service from their anniversary date of their employment will receive three (3) weeks' vacation with pay as of January 1 in the subsequent year, which shall be paid at six (6) percent of his total earnings to January 1s1.

(d) Full-time employees with more than ten (10) year's continuous service from their anniversary date of their employment will receive four (4) weeks' vacation with pay as of January 1 in the subsequent year, which shall be paid at eight (8) percent of his total earnings to January 1st.

(e) Full-time employees with twenty (20) year's continuous service from their anniversary date of their employment will receive five (5) weeks' vacation with pay as of January 1 in the subsequent year, which shall be paid at ten (10) percent of

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his total earnings to January 1st.

16.02 For vacation planning, employees must indicate their vacation preferences in writing on the vacation calendar provided by the Company by November 30 of each year for vacation during the period from January 1st till December 31 in the following year. 10% of full time employees by department and shift will be allowed to take vacation time during the same week. The Company shall consider having more than 10% of employees off at one time where operationally feasible. In the event that an employee did not receive their requested vacation the employee shall again indicate their preference for their second choice in available week by seniority by December 7. Finalized vacation schedule shall be posted by December 15, of each year and shall not be changed unless mutually agreed by the employee and the Company.

In the event that an employee has not indicated their preference for vacation by March 1 of each year the Company shall assign the vacation in available weeks, and shall advise the employee of the dates assigned by March 15, of each year. After March 1 an employee may request a change to their vacation schedule on a minimum of four (4) weeks' notice and the Employer shall provide a written response to the request within seven (7) calendar days.

All vacation requests shall be approved based on the following factors: The needs of the business Seniority of the employee Amount of vacation time earned

Employees shall be prohibited from trading any weeks of booked vacation.

16.03 An employee shall not normally be permitted to accumulate his/her vacation from one calendar year to another. Subject to approval by the General Manager or designate, an employee's unused vacation may be carried over to the next year.

16.04 Employees shall receive their vacation pay as a continuation of their regular pay. Any unused vacation pay shall be paid out the first pay period in February.

16.05 (a) An employee who terminates his/her employment for whatever reason, shall be paid his/her vacation allowance as provided herein.

(b) On the death of an employee, the vacation allowance will be paid to the employee's estate forthwith.

ARTICLE 17 - HEALTH & WELFARE

17.01 All full-time employees covered by the Collective Agreement, upon completion of their probationary period, will be covered by the CLS Services ltd group insurance plan for hourly employees. Coverage includes, Extended Healthcare (to include a drug card), Dental, Basic Life Insurance and Short-term disability benefits.

The Company may change benefit carriers at its discretion provided the Union is notified in writing and the coverage is equivalent to current coverage, however, the

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following shall apply:

Extended Healthcare deductible - fifty dollars ($50.00) per calendar year.

Paramedical Services - payable up to three hundred and fifty dollars ($350.00) per service, per calendar year

Orthotics are payable up to two hundred dollars ($200.00) per calendar year.

Drug Plan - Dispensing fee cap of eight dollars ($8).

Vision Care Allowance - Two hundred dollars ($200) every two (2) years. Effective 1 July 2019 Two hundred and fifty dollars ($250) every two (2) years. Effective 1 July 2020 Three hundred dollars ($300) every two (2) years.

17.02 The Employer's sole responsibility shall be to pay the Employer's portion of the premium for the plan. The premium is 85% Employer paid and 15% Employee paid.

17.03 The parties agree that benefit issues are not arbitrable under the terms of the Collective Agreement. The Company agrees that the Union shall be entitled to represent their members in consultation with the Insurance Carrier in the event of any disputes between the employee and the Insurance Carrier.

17.04 Should an employee become disabled as a result of an occupational accident or illness, the Employer agrees to contribute one hundred (100%) percent of the required contributions for the period of disability, provided the employee remits their portion of the premium as required.

17.05 The Employer shall provide each employee, and the Union office, with a copy of the applicable benefit booklet.

17.06 Each full-time employee with at least one year of continuous service as of January 1 of each year shall be credited with four (4) sick days. Sick days shall not be carried over from one year to the next.

Effective 1 January 2016 employees shall be eligible to receive six (6) sick days

Each full-time employee with at least one year of continuous service shall accrue sick days based on one-half (1 /2) day per month to a maximum of six (6) days per year. Sick days shall not be carried over from one year to the next.

The Company agrees that they shall comply with the requirements of the Employment Standards Act related to Personal Emergency Leaves for both Full time and Part-time employees. Personal Emergency Leave shall be included in the sick day entitlement pursuant to this Article.

17.07 Accrued sick leave credits will be reduced when an employee is absent due to illness or injury until such time as the credits are exhausted or disability insurance benefits commences following the applicable waiting period. Employees may be required to

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bring in a doctor's note for public health purposes or when absent for three (3) days or more upon their return to work, in which case the cost of obtaining the medical certificate shall be reimbursed by the Company to a maximum of twenty dollars ($20.00). The Company may also require a medical certificate in circumstances which tend to indicate patterns of absence or repetitive ailments in which case, the employee shall be responsible for the cost of such note.

17.08 Retirement Savings Plan

All full-time employees covered by the Collective Agreement, upon completion of one year's service, shall be covered by the CLS Catering Services Retirement Savings Plan for hourly employees. The Company shall contribute the sum of thirty cents (30¢) per hour for all straight time hours worked. Effective July 1, 2019 increase the above amount to forty cents (40¢) and effective July 1, 2020 increase above amount to fiftyfive cents (55¢).

All part time employees covered by the Collective Agreement, may apply for participation in the retirement savings plan provided they meet the eligibility requirements as set out below:

A part-time employee is entitled to become a member of the retirement savings plan after completing 24 months of continuous part-time employment if the employee satisfies, in each of the two consecutive calendar years immediately prior to membership in the plan, one of the following two tests (whichever is satisfied first):

earnings of not less than 35 percent of the Year's Maximum Pensionable Earnings (YMPE) as defined under the Canada Pension Plan; or

700 hours of employment.

The retirement plan shall be governed by the plan text.

17.09 Ontario Health Insurance Plan

The Employer agrees to pay one hundred percent (100%) of the total cost for all employees and their dependents for the Ontario Health Insurance Plan (OHIP).

17.10 United Food and Commercial Workers Education and Training Fund

The Employer agrees to remit $1500.00 each year of the Agreement on the anniversary date of July 1, to the UFCW Training & Education Fund.

ARTICLE 18 - GENERAL

18.01 The Employer will provide one bulletin board in the staff area for the purpose of posting Union notices to its members. Such bulletin board shall be glassed in and lockable with one key being held by the Union Representative. The Union agrees to exercise good judgment in the posting of notices.

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18.02 Copies Of Agreement

The Company and the Union desire that all levels of Management and all Employees affected by this Agreement be familiar with the provisions herein. For this reason, all Employees and all levels of Management concerned will be provided with a copy of the Agreement. As soon as practicable, the Company and the union will meet to agree to a final draft of the Collective Agreement. The Employer and the Union shall equally share the cost of printing sufficient copies of the Collective Agreement for all employees.

18.03 Medical Examinations

(a) If an employee is required by the Company, as a bona fide occupational requirement, to take a medical and/or x-ray, the medical and/or x-rays shall be taken on Employer time and at the expense of the Employer.

(b) All necessary medical examinations and/or x-rays and/or vaccinations or inoculations required as a work requirement by a local Board of Health or governmental body, shall be paid for by the Company, where applicable, and conducted on Company time.

18.04 Pay Cheque Error

Should any error occur in a pay cheque greater than one hundred dollars ($100), the Employer agrees to use their best efforts to correct the error within five (5) business days following the pay day. Any other errors shall be corrected no later than the next pay day.

18.05 Joint Labour Management Meetings

It is recognized that meetings between the Company and the Union are necessary to promote harmonious Employee/Employer relations and for the establishment of mutual confidence and trust. Such meetings shall be held at least once per quarter. The dates for Union-Management meetings will be established at the beginning of each year but may be altered or cancelled by mutual agreement. One week prior to the meeting the parties will exchange agenda items. Minutes of such meetings will be prepared and made available to all concerned following approval of both parties. The Company will release two representatives from the workplace to attend these meetings. Meetings arranged with the foregoing shall not be considered as being in lieu of a grievance procedure hearing, however, they may be considered as being the discussion which is required prior to submitting the matter to a grievance procedure hearing.

ARTICLE 19 - EMPLOYER AND UNION CO-OPERATION

19.01 No Discrimination

The Employer and the Union agree there shall be no discrimination, intimidation, interference, restriction, or coercion exercised or practiced by the Employer or the Employer's representative(s) or the Union, with respect to any employee on the basis of

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national or ethnic origin, membership or activity in the Union, political or religious affiliation, race, creed, colour, age, handicap, sexual orientation, marital or family status. The Employer also agrees to abide by applicable legislation governing any employee in the Province of Ontario.

ARTICLE 20 - EXISTING WORKING CONDITIONS

20.01 Existing customs and practices rights and privileges, benefits and working conditions shall be continued, except where abridged by the terms of the Collective Agreement.

ARTICLE 21 - RENEWAL, AMENDMENT AND TERMINATION

21 .01 This Collective Agreement shall remain in force and effect from July 1, 2018, until June 30, 2021 , and until all provisions of the Ontario Labour Relations Act has been expended.

21.02 Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15) days of such notice being received or such dates as they may agree to.

21.03 The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union.

Dated at Mississauga, Ontario this Ji_ day of f7%~1Aklt:.f t 2019

I ,,. .,

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APPENDIX 'A'

PART-TIME EMPLOYEES

A.1 (a) The provisions of the Collective Agreement shall apply unless modified in this Appendix 'A'.

(b) The following provisions of the Collective Agreement shall not apply to an employee working as a Part-Time Employee: Articles 10, 11.01, 11.02, 12.01 (a), 13.02, 13.03(a), 13.06, 13.07(a), 13.11, 16.01, 17.01, 17.02, 17.03, 17.04, 17.05, 17.06, 17.07, and 17.08.

A.2 The normal hours of work for part-time employees shall consist of up to thirty-two (32) hours per week. However, a part-time employee who works in excess of thirty-two (32) hours in a week for twelve (12) or more consecutive weeks, shall be reclassified and be deemed to be a "full-time" employee for the purpose of this Collective Agreement.

Notwithstanding A.2 above, part-time employees who were regularly scheduled in excess of thirty-two (32) hours per week as at the date of ratification and are not promoted to fulltime, shall continue to be scheduled such hours in the same manner, subject to a change in the operational requirements of the business.

A.3 A Part Time employee shall:

(a) complete a probationary period of 90 days worked while performing his/her regular duties. This probationary period may be extended for not more than an additional thirty (30) days worked when mutually agreed between the Company and the Union;

(b) have Union Dues and initiation fees deducted;

(c) The employee's public holiday pay for a given public holiday shall be equal to the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20, in accordance with the Employment Standards Act, 2000, as amended.

(d) shall be given the opportunity to apply for any available full-time position and be given priority over any new employee hired subsequent to ratification. Where ability and qualifications are judged to be relatively equal in the judgment of the Company, seniority shall govern the filling of such vacancies. The Company's decision may be subject to the Grievance Procedure.

(e) a part-time employee who works on a holiday as listed in Article 16, shall be paid time and one half (1 %) for all hours worked.

(f) hours worked by a Part Time employee in excess of forty-four (44) in a week shall be paid for at the rate of one and one-half (1 %) times the employee's base hourly

25

rate.

Effective January 1, 2019 time and one-half (1 Yz) the employee's regular hourly rate of pay shall be paid for all time worked in excess of forty-two (42) hours per week.

Effective July 1, 2020 time and one-half (1 Yz) the employee's regular hourly rate of pay shall be paid for all time worked in excess of forty (40) hours per week.

(g) be required to wear safety shoes which are Canadian Safety Association approved and must be anti slip with steel toe. The Company shall pay a boot allowance of up to fifty dollars ($50.00) once every twelve (12) months, upon presentation of a valid receipt, provided such employees has passed their probationary period. Effective anniversary date 2013, increase to sixty-five dollars ($65), effective anniversary date 2014, increase to seventy-five dollars ($75).

(h) A Part-Time employee will be classified in one of the classifications set out hereunder and shall be paid a minimum start rate of not less than the rate shown for his classification and shall progress as determined by the number of hours worked as follows:

A.4 Part-time employees may request vacation time off with pay as follows:

(a) Two weeks in the calendar year following one (1) year of employment with pay calculated at 4% of previous year's earnings.

(b) Three weeks in the calendar year following the fifth (51h) anniversary of employment with pay calculated at 6% of previous year's earnings.

A.5 The Company will post, on a regular basis, a schedule showing the hours of work, including start and finish times for part-time employees for work to be performed, in a location which is accessible to employees. The Company reserves the right to alter the schedule to reflect business circumstances and shall endeavor to provide a minimum of forty-eight hour notice of such change.

A.6 Notwithstanding sections A.2 and A.5 Part time employees may be scheduled to work forty (40) hours per week in the following circumstances.

(a) To perform work which results from temporary intermittent increase in workload during the peak periods from June 15 - the first Tuesday after Labour Day and December 1 - January 3

(b) Temporarily fill vacancies until such time as the vacancy has been permanently filled through the posting process.

(c) To replace a full-time employee who is absent for any reason.

A.7 Notwithstanding anything to the contrary, the discharge of a probationary part-time employee shall be at the sole discretion of the Company.

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A.8 (a) A part-time seniority list will be confirmed for all employees who have completed their probationary period. Part Time seniority shall be determined from an employee's most recent date of hire. Such list shall be updated by the Company every January, May and September and posted in a prominent place on the Company premises with a copy forwarded to the Union office.

(b) A Part Time employee not available for scheduling for over thirty (30) calendar days shall forfeit all seniority unless such employee is not available by reason of illness, accident or approved leave of absence.

(c) In the event the Company decides to reduce the Part Time work force, Part Time employees shall be retained in order of most seniority provided the requirements of the available jobs can be fulfilled. Part-time employees may not bump full-time employees.

A.9 During a shift, a Part Time employee shall be entitled to rest periods as follows:

(a) For a work period equal to five (5) hours or more - one (1) thirty (30) minute paid rest period.

(b) For a work period of eight (8) hours or more - two (2) fifteen (15) minute paid rest period and one (1) thirty (30) minute unpaid lunch period.

A.1 O Part time employees shall be scheduled by seniority, subject to their availability, within their respective classification provided they have the skill, ability and qualifications to perform the required work.

A.11 Where the Employer reduces hours in a particular department, it shall do so in reverse order of seniority among the part-time work force.

A.12 All Part time employees must be available to work on Saturday and/or Sunday. A parttime employee who is scheduled on a Saturday or Sunday and is unable or unwilling to work on two consecutive weekends, shall forfeit their seniority.

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[Rates :ay July~2018 I

Start 12 mths 24 mths 36 mths 48 mths 60 mths

First Cook $17.50 $18.25 $19.00 $19.75 $20.75 $23.52 Second Cook $16.00 $16.25 $16.50 $17.00 $18.00 $19.67 General Cook $14.15 $14.75 $15.00 $15.25 $15.75 $18.33 Catering Assistant (Food) $14.15 $14.30 $14.60 $14.85 $15.10 $17.19 Catering Assistant (Non-Food) $14.15 $14.30 $14.60 $14.85 $15.10 $17.19 Catering Assistant (Retail) $14.15 $14.30 $14.60 $14.85 $15.10 $17.19 Baker $14.15 $15.00 $15.25 $16.00 $17.00 $19.67 Driver $19.00 $19.25 $19.50 $19.75 $20.75 $24.54 Loader $14.15 $14.60 $14.85 $15.25 $15.75 $17.19 Maintenance Man $16.00 $18.25 $19.00 $19.75 $20.75 $23.52 Storeman $14.15 $14.30 $14.60 $14.85 $15.10 $17.19 Warehouseman $17.50 $18.25 $19.00 $19.75 $20.75 $23.52 CSR $17.00 $17.25 $18.00 $18.50 $19.50 $22.00 Refrigeration Tech./ Bldg Maintenance $30.00 $31.00 $32.00 $33.00 $34.00 $35.00

Premiums I Per Hour I Lead-hand $1.00 Coordinator $2.00 Red Seal $1.00 Cold Room $1.00 Account Manager $1.00 All employees shall receive the general increases including any employee paid above the grid above

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I Rate~-of Pa~ J:y 1, 201~ J Start 12 mths 24 mths 36 mths 48 mths 60 mths



29

I :es of Pay =~ 1, 20~: I Start 12 mths 24 mths 36 mths 48 mths 60 mths



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LETTER OF UNDERSTANDING #1

Re: UFCW Charity Fund (Leukemia)

The Employer shall deduct from the weekly earnings of each employee, upon written authorization from each employee, fifty cents (50¢) per week and shall , together with a detailed list of the names, Social Insurance Number and amount deducted, remit same by cheque$ payable to the UFCW Charity Fund before the fifteenth (1 Sth) day of the following month.

Receipt for the tota l amount deducted per employee in the calendar year will be provided by the Union on or before February 281h of each year, or noted by the Employer on the employee's T4 slip.

Dated at Mississauga, Ontario this 3Qth day of August, 2018

e Union

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Re: Air Line Presentations

Employees who participate in presentations to airlines for the purpose of securing additional business, on behalf of the Employer, shall be paid in accordance with this Collective Agreement. In the event that an employee travels to participate in a presentation they shall be paid the equivalent of their standard hours of work for each day of their attendance.

Dated at Mississauga, Ontario this 3Q1h day of August, 2018

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Re: Food and Beverage

The Company agrees to continue the practice of providing a meal and/or beverage without cost to the employee. The Parties recognize that this is a taxable benefit and the appropriate deductions shall be made in accordance with applicable tax laws.

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Re: Full Time Job Opportunities

Over the term of the collective agreement the Company will offer a minimum of Thirty-five (35) full time positions to Catering Assistants, provided that business volumes do not decline as of date of ratification, as follows:

Within the first year of the collective agreement, being date of ratification to June 30, 2019, the Company shall post a minimum of twenty-one (21) full time positions Between July 1, 2019 and June 30, 2020 the Company shall post 7 full time positions Between July 1, 2020 and June 30, 2021 the Company shall post 7 full time positions

These jobs will be offered to the Catering Assistants by seniority within their current department.

For the purpose of this letter of understanding, once 35 positions have been filled , regardless of when they get filled , there is no further obligation on the part of the Company pursuant to this Letter of Understanding. The Company will , however, continue to work towards reducing the need for any agency workers as agreed during collective bargaining.


34


Re: Benefit Premiums

The Company agrees that the employee benefit premiums will be frozen and will not be increased for the term of the agreement. The employer/employee contribution shall be amended to reflect an employer contribution of 85% and an employee contribution of 15%.

When the premiums are established each year the parties acknowledge, that benefit premiums, may increase, due to plan experience and inflation. If, however, premiums are reduced, any savings will be passed on to the employee by way of premium reductions. The premiums will then be reset and the 85/15 plan shall be implemented, however, premium cost for an employee will not be increased by more than the following amounts for the term of the agreement.

Single Coverage Family Coverage

$1.50 per month $3.00 per month

These are maximums amounts and the parties recognize that premiums increases may be less than the amounts shown , depending on the premium renewals. If less, these amounts will not be charged and only the actual amount will be charged to an employee.

This letter will expire and will be null and void on the expiry date of this collective agreement.

Dated at Mississauga, Ontario this 301h day of August, 2018

;;>

2L-i?e Union

35


Re: CSR Transitional Issues

1. Accumulated Time Off

The Customer Service Representatives ("CSR's) have accumulated time off that has accrued prior to unionization . The parties have agreed that the accumulated days off that have accrued up to December 31 , 2017, shall be taken or paid out, no later than June 30, 2021 . Any accumulated time off shall be increased by 15% for each employee in full and final settlement of this issue.

2. Benefit Coverage and Pension

The Customer Service Representatives ("CSR's) shall be covered by the benefit plan and pension plan as set out in the collective agreement. The switch to this plan shall be as soon as possible, but, no later than January 1, 2019.

3. Seniority

The Company and the Union have agreed that upon completion of the first agreement for CSR's and ratification of the terms and conditions of Employment by the CS R's, there shall be a single bargaining unit seniority list and the seniority of the CSR's shall be dovetailed with the main bargaining unit seniority list.


-~~eUnion

36


Re: Article 1.04

During the 2018 negotiations the Union raised concerns surrounding the use of non-bargaining unit personnel to perform bargaining unit work. The Company and the Union recognize their mutual best interests as well as the interests of all employees and believing that the basis of good relations rests upon cooperation and good communications between the parties, the Management and members of the Union hereby agree to work together in successful operation of a Joint Attraction, Retention and Recruitment Committee.

The Company and the Union Agree as follows:

1. The Company and the Union agree to a joint cross functional committee to address the issue of attraction, recruitment, orientation, onboarding, training and retention .

2. The committee will be comprised of three (3) management and three (3) union employees, and no more than one (1) from a department.

3. The intention of the committee is to support the attraction and retention of CLS staff with the objective of eliminating or significantly reducing the need of any outside agency workers, except, Purus and MSC in dishwashing and cleaning.

4. The Committee will meet bi-weekly, or, if less time is needed , as determined by the committee.

5. The Committee will keep Minutes of each meeting along with action items to be undertaken and time lines associated with the action items.

6. Committee members will be held accountable by the committee to complete work to be undertaken, as agreed upon.


LJP:he Union

37


Re: Weekend Work

During the 2018 negotiations the Union raised concerns surrounding the use of full-time employees who are scheduled to work weekends as part of their regular work week. The Company and the Union agree to establish a committee to canvass solutions to alleviate the need to have full-time employees to work every weekend as part of their regular schedule.

The Company and the Union Agree as follows:

1. The committee will be comprised of five (5) management and five (5) union employees, and no more than one (1) from a department.

2. The committee will meet bi-weekly, or, if less time is needed, as determined by the committee. The first meeting shall be held within two (2) weeks of the ratification of the agreement.

3. The committee will keep Minutes of each meeting along with action items to be undertaken and time lines associated with the action items.

4. Committee members will be held accountable by the committee to complete work to be undertaken, as agreed upon.

5. In the event that the committee is unable to resolve the issue to their mutual satisfaction within a reasonable period of time, being, no later than four (4) months from date of ratification , or if either Party determines that they have reached an impasse then the General Manager and the Union Representative shall meet within fourteen (14) calendar days.


38


Re: Union Filing Cabinet and Lockers

The Company is agreeable to having a Union filling cabinet or lockable storage unit in an appropriate place, provided that the Union suppl ies such cabinet or storage unit, at its own expense.

The Company is further in agreement that it will undertake an audit of all employee lockers to determine if there are any further lockers available. Lockers will be offered to full-time employees by seniority. Once full-time employees have been canvassed the lockers wi ll be offered to part-time employees by seniority.

No current employee will be removed from a locker as a result of this audit.


39

LETTER OF UNO ERST ANDING #10

Re: Vacation Statement

The Company intends to implement a new HRIS system in the future. As part of that system, the employees will be provided with a vacation pay stub.


For~nion

~·

40


Re: Bill 148

In the event of any changes to the equal pay provisions of Bi ll 148, the Parties agree to meet with a view of instituting a part-time wage grid for new hires. No employee paid in accordance with the full-time grid will be negatively impacted by the implementation of a part-time wage grid, and will be grandfathered on the wage grid attached hereto.

In the event that the parties are unable to agree on a part-time wage scale, the matter can be refereed to binding interest arbitration.

Dated at Mississauga, Ontario this 3Q1h day of August, 201 8

QQ;:fnion

41


Re: Bargaining Unit Work

Whereas the parties agreed that CLS employees shall have opportunities to work available overtime prior to the use of outside agency workers in bargaining unit positions, with the exception of dishwashing and cleaning, the parties agree as follows:

The parties agree to implement the following Letter of Understanding within thirty (30) days of ratification.

Full-time employees who desire the opportunity to work overtime shall submit an availability form to the scheduler by 3:00 p.m. on Monday of each week, fo r scheduling in the subsequent week. Employees who have availability to work overtime in a week shall be offered the overtime opportunity by seniority, within the classification , prior to an agency employee being called into work; subject to the requirements of the Employment Standards Act and the employee's ability to work their regular schedule of work for the week.

Employees shall be schedule for extra shifts and such schedules shall be provided to the chief steward and on a weekly basis and shall be posted with regular weekly schedule.

The parties agree to meet four (4) weeks after implementation to address any changes, or amendments to th is process to ensure unforeseen issues they can be addressed. The parties will work in good faith to find a workable solution to their mutual satisfaction.

The parties agree that the Employer shall be granted a thirty (30) day grace period from date of implementation , where no grievances shall be filed. After the thirty (30) day grace period, any alleged violations of this letter shall be subject to the grievance procedure.

Dated at Mississauga, Ontario this 30th, day of August, 2018

~~eUnion

42

BENEFIT PLAN SUMMARY

Definition of Benefit - Basic Life

Reduction in Coverage

Waiver of Premium

Definition of Disability

Termination Age

Cost Sharing

Units of

Lowest Option

Highest Option

Termination Age

Waiver of Premium

Cost Sharing

Definition of Benefit

Waiver of Premium

Termination Age

Cost Sharing

2x salary

50% at age 65

Included

Any occupation

Age 70

85% employer

$10,000

$10,000

$500,000

Earlier of employee or spouse age 65

Included

100% employee

Matches basic life

No

Age 70

85% employer

43

Definition of Benefit

Taxable Status of Benefit

Elimination Period

Accident

Sickness - no hospital

Sickness - in hospital

Benefit Weekly Maximum

Termination Age

Cost Sharing

Annual Deductible

Annual Deductible - single

Annual Deductible - couple

Annual Deductible - family

Deductible applies to

Reimbursement Level

Drugs

Hospital

Paramedical

Out of Country Emergency

Private Duty Nursing

Medical Services & Equipment

Pay Direct Drug Card and Drug Limitations

4 days paid sick leave per year 66 2/3% of weekly earnings to $700

Taxable

14 days

14 days

14 days

15 weeks

None

85% employer

$50

$50

$50

Does not apply to GMA, vision, In-Canada hospital, In-Canada prescription drugs

80%

100%

80%

100%

80%

80%

44

Is there a drug card?

Deferred Payment or Direct Payment

Per Prescription deductible

Maximum dispensing fee

Generic Substitution Mandatory

Smoking Cessation

Fertility Drugs

Anti Obesity

Sexual Dysfunction

Vaccines

Hospital Room Coverage

Limits for paramedical Paramedical Practitioners

Physiotherapist

Psychologist

Speech Therapist

Chiropractors

Massage Therapists

Naturopaths

Osteopaths

Podiatrists

Acupuncturists

Private Duty Nursing Maximum

Out of Country Coverage

Travel Assistance coverage

Hearing Aid Coverage

Yes

Direct

None

$8.00

Yes

$600 lifetime

$2,500 lifetime

Unlimited

Not covered

Not covered

Semi-private

$350/year

$350/year

$350/year

$350/year

$350/year

$350/year

$350/year

$350/year

$350/year

$10,000 per 12 months per condition

Unlimited emergency; $1,000,000 for referral

Included

$500 every 3 years

45

Orthotics Coverage

Orthopedic Shoes

Is Coverage Extended to Surviving Dependents?

If yes, duration of coverage

Termination Age

Cost Sharing

Reimbursement Level

Eye glasses, contacts, laser eye surgery

Eye exams

Maximums and Frequency

Adult maximum for eye glasses/contact lenses

Child maximum for eye glasses/contact lenses

Adult maximum for eye exams

Child maximum for eye exams

Termination Age

Cost Sharing

$200 every 12 months combined with orthopedic shoes

$200 every 12 months combined with orthotics

Yes

2 years

None

85% employer

100%

0%

$200/ 2 calendar years

$250/ 2 calendar years Effective July 1, 2019

$300/ 2 calendar years Effective July 1, 2020

$200/2 calendar years

$0

$0

None

85% employer

46

Annual Deductible

Reimbursement level

Basic - Diagnostic and Preventative

Basic - Minor restorative (fillings)

Basic - Oral surgery

Basic - Endodontics

Basic - Periodontics

Basic - Dentures (relining, rebasing)

Major - Dentures (installation)

Major - Crowns and bridges

Orthodontics

Basic and Major Restorative Maximum Amount

Orthodontics Maximum Amount and Frequency

Recall Exam Frequency

Termination Age

Cost Sharing

Nil

100%

100%

100%

100%

100%

100%

50%

50%

50%

$2,000/year

$1,500/lifetime

Twice every 12 months

None

85% employer

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COLLECTIVE AGREEMENT BETWEEN: CLS CATERING SERVICES … and Foo… · 2.01 The Company recognizes...

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