COLLECTIVE BARGAINING INFORMATION SERVICES Services... · 2017. 12. 9. · collective agreement...

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COLLECTIVE AGREEMENT Between AUG 1 5 2011 COLLECTIVE BARGAINING INFORMATION SERVICES THE WINDSOR/ESSEX COUNTY HUMANE SOCIETY And FILE No. \11¥'- 001\o -l + CERT. FILE CERT. DATE TEAMSTERS UNION LOCAL NO. 879 TOTALEMPS EFF.OATE L 01, 'l.011 EXP.DATE MQ11.c" 1014- EXPIRY DATE: March 31, 2014 CODING CONTROL DATE CODER IDENTCOOED RECEIVED· UNION I v' I EMPLOVER OTHER

Transcript of COLLECTIVE BARGAINING INFORMATION SERVICES Services... · 2017. 12. 9. · collective agreement...

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COLLECTIVE AGREEMENT

Between

AUG 1 5 2011

COLLECTIVE BARGAINING INFORMATION SERVICES

THE WINDSOR/ESSEX COUNTY HUMANE SOCIETY

And FILE No. \11¥'- 001\o - l + CERT. FILE

CERT. DATE TEAMSTERS UNION LOCAL NO. 879 TOTALEMPS

EFF.OATE M~l L 01, 'l.011

EXP.DATE MQ11.c" ~~. 1014-

EXPIRY DATE: March 31, 2014 CODING CONTROL DATE CODER

IDENTCOOED ~

RECEIVED·

UNION I v' I EMPLOVER

OTHER

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ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE I M P 0

1: 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: 17: R T

TABLE OF CONTENTS

INTENT & PURPOSE • . • • • • • • • • • • • • • • • • • • • • • • . • • . • • • . . • . • • • • • • • 1 RECOGNITION •••.•••..•.••...•.•....•••••..••.••..••••••.... 1 UNION SECURITY .••••••••••••••••••••••••••••••••..•.••••••• 1 MANAGEMENT FUNCTIONS .•...•...•.....••...••••••••••••••.••. 3 GRIEVANCE PROCEDURE • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 3 SENIORITY •••••••••.•.•...••.•....••••••..••.••.......•.... 5 HOURS OF WORK • • . . . • • • • . . • • • • • . . • • • • . • • . • . • • • • • • • • • . • • • . • • . 7 GENERAL HOLIDAYS ••••..••.•.••...••••..•.•••.••...••••••••. 9 ANNUAL VACATIONS •••••.••••.••..•••••....•••.••...•••••••• 10

MEDICAL & INSURANCE ..••••••..•.••••.•••••••••••.•.•••••• 11 WAGE RATES •...•••.•..•••..••..•••.••...••••••...•.•••.•• 12 SAFETY CLOTHING & EQUIPMENT ••••••••...•••.•••..••...•••• 13 MAINTENANCE OF STANDARDS •••..••••.••...•••.••....••••..• 14 SICK LEAVE ••.•.•••••.••••••••••••••••.•••••••...••.••••• 14 STRIKES & LOCKOUTS .••••••.•..•••.••...••••.••..••.•••••• 15 GENERAL •••...•••••..•••••••.....•••••..•••••••......•••. 15 DURATION •...••••••.••••.•••..•••••••••.•••.•••.....•...• 16

A N T N 0 T E: ......................................... 18

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THIS AGREEMENT entered into this first day of April, 2011 BETWEEN:

WINDSOR/ESSEX COUNTY HUMANE SOCIETY (hereinafter referred to as the "SOCIETY")

And

TEAMSTERS UNION LOCAL NO. 879 (hereinafter referred to as the "Union")

NOW THEREFORE, THIS AGREEMENT WITNESSETH:

ARTICLE 1: INTENT & PURPOSE

1.1 The Society and the Union each represent that the purpose and the intent of this Agreement is to promote co-operation and harmony, to recognize mutual interest, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govem the relationship between the Union and the Society, to promote efficiency and service and set forth herein the basic agreement covering rates of pay, dispute procedure and conditions of employment.

ARTICLE 2: RECOGNITION

2.1 The Union shall be the sole Bargaining Agent for all employees set forth in the Certification awarded by the Ontario Labour Relations Board.

2.2 The Society shall not enter into any agreement or contract with those classes of employees referred to in the preceding paragraph, individually or collectively, in any manner, which conflicts with the terms of this Agreement.

ARTICLE 3: UNION SECURITY

3.1 It is agreed that all members shall maintain their Union membership in good standing for the duration of the contract as a condition of employment.

3.2 All full time workers and employees, except Foremen and those above the rank of Foremen, hired after the date of this Agreement, shall, as a condition of employment, become Union members within thirty (30) calendar days of employment, maintaining such membership in good standing for the duration of the Agreement.

3.3 All employees must, as a condition of their continued employment, authorize

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the Society to deduct from their pay on the pay day the Local Union's deductions are made, an amount equal to the Local Union's monthly dues, for the duration of the Agreement, as their financial contribution to the Local Union.

3.4 All employees hired shall, as a condition of employment, authorize the Company to deduct the amount equal to the Local Union's initiation fee in installments of Twenty-Five Dollars ($25.00) per week, after completion of the probationary period. This deduction shall continue until the initiation fee is paid in full. The Society agrees to remit such monies so deducted to the Head Office of the Local Union along with a list of the employees from whom the money was deducted; at the same time as the Union dues are remitted.

3.5 The Society agrees for the duration of the Agreement to deduct from the last pay cheque each month, the monthly dues of any employee covered by this Agreement, and to remit such monies so deducted to the Head Office of the Union along with a list of the employees from whom the monies were deducted, not later than the tenth (lOth) day of the month following the date upon which such monies were deducted. The check-off list will include Social Insurance numbers.

3.6 The Union will inform the Society of any arrears in dues, caused for any reason, or any arrears in initiation fees, and the Society will immediately commence deductions in amounts prescribed by the Local Union in such written notice, and, shall forward such monies to the Local Union along with the monthly dues as provided for above. Such notice of arrears served on the Society shall prescribe payroll deductions of not more than Twenty-five Dollars ($25.00) per week.

3.7 The Union will provide the Society with printed forms that show "Dues Arrears", "Initiation and re-initiation arrears". The Society shall, each month, add the name of each new employee hired on since the remittance of the previous check-off along with starting date, and the Society shall be given an explanation alongside the name of each employee who appears on the previous month's check-off sheet, for whom a remittance is not made, for any reason.

3.8 The Union will supply the Society with Initiation Deduction Authorization forms, Application for Membership-Dues Deduction Authorization forms, which shall be signed by all new employees on the day of hire. It will be the responsibility of the Society to ensure that all completed application for Union membership forms are retumed to the Union.

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3.9 Part-time employees, that is, those regularly employed 30 hours or less, per calendar week, are exempt from the bargaining unit, and union membership, as a condition of employment. However, if a part-time employee works more than 1800 hours annually, a new full-time position is needed and should be posted, although that specific part-time employee would not necessarily be the individual hired.

3.10 The Society and the Union mutually agree that a temporary full-time employee is a part-time employee who accepts a temporary full-time position for a 40 hour week to replace a regular full-time employee who is absent for the following reason only:

(a) prolonged absence because of illness, compensation or matemity parental leave. It is further mutually agreed by both parties that the time limit on a temporary full-time employee will be ninety (90) calendar days, then the said employee becomes a probationary employee. If the employee completes the probationary period, the employee then becomes a full-time employee. It is also mutually agreed that the rate per hour for both positions (temporary full-time and probationary) will be the probationary rate as spelled out in the Agreement. It is further agreed that if the part-time employee is hired on as a full-time employee, then the time spent working, as a temporary full-time employment and their seniority date shall be adjusted accordingly.

ARTICLE 4: MANAGEMENT FUNCTIONS

4.1 The Union recognizes that the Society has the exclusive right to manage the business, to exercise all of the prerogatives of Management, and, without affecting the generality of the foregoing, it has the right to determine the size of, and direct the work force, to extend or curtail operations, and to hire and promote, except to the extent that the said rights and prerogatives have been specifically delegated to the Union, or, otherwise curtailed in this Agreement. The Society also has the exclusive right to discharge, suspend or otherwise discipline employees for just cause.

4.2 The foregoing clause shall not deprive the employee of the right to exercise the Grievance Procedure as outlined in this Agreement.

ARTICLE 5: GRIEVANCE PROCEDURE

5.1 The employee having a grievance shall submit the same in writing, either by himself or through the Steward andfor the Business Representative of the Local Union.

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5.2 Where a difference arises between the parties hereto, or, members of the parties hereto, or between any person upon whom this Agreement is binding relating to the interpretation, application or administration of this Agreement, including any question as to whether the matter is arbitrable, or where an allegation is made that this Agreement has been violated, the difference shall be deemed to be a policy grievance which the aggrieved employee shall be entitled to submit in writing to the other party.

5.3 If the Employer concerned and the Business Representative of the Local Union are unable to settle the grievance, whether of an individual or a policy grievance within ten (10) calendar days after the same has been lodged, or, within such further period as may be agreed upon, either party dissatisfied with such negotiations may notify the other party in writing of its desire to submit the grievance, difference or allegation to arbitration, and, such notice shall contain the name of the first party's appointee to the Board of Arbitration. Such notice shall be given not later than seven (7) days after the conclusion of the negotiations provided for herein. The recipient of the notice shall within seven (7) days, advise the other party of the name of its appointee to the Arbitration Board, and the two (2) appointees so selected shall, within seven (7) days of the appointment of the second of them, appoint a third person who shall be Chairman.

5.4 If the recipient of any notice fails to appoint an Arbitrator or if the two (2) appointees fail to agree upon a chairman within the time limited, the appointment shall be made by the Minister of Labour for Ontario, upon the request of either party. The Arbitration Board so constituted shall herein determine the difference, grievance or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but, if there is no majority, the decision of the Chairman shall govern. The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement, or, substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement.

5.5 The Board however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board.

5.6 No grievance whether of an individual or a policy grievance shall be considered unless the same is submitted in writing as herein provided within ten (10) days after the alleged circumstances giving rise to the same occurred.

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ARTICLE 6: SENIORITY

6.1 Employees shall be considered probationary until placed on the seniority list. After ninety (90) calendar days of employment, the employee shall be placed on the seniority list. If, because of sickness or accident an employee is off work after having been placed on the seniority list for the purpose of seniority rating, he shall be listed according to his date of employment.

6.2.1 There shall be three (3) separate classifications: o Field Operations Officers; o Receptionist- Adoption Workers; o Kennel Workers.

6.2.2 There shall be one (1) seniority list for purposes of lay off and statutory holidays.

6.3 Such classifications shall not be inter-changeable with the exception of a lay off, at which time seniority and qualifications shall apply.

6.4 It is understood and agreed that the purpose of seniority is to give employees an equitable amount of seniority based on their length of service and qualifications. Differences of opinions between the Society and the Union in respect to an employee's qualifications shall be subject to the grievance procedure. With regard to transfer and promotions, where merit and ability are equal, seniority shall be the governing factor. All jobs will be posted for three (3) days. With regard to the position of "lead hand" where ability for this position is in dispute, the Society will make the final decision. A seniority list showing the employee's date of employment shall be posted on the Bulletin Board.

An employee shall lose hisfher seniority standing for any of the following reasons:

i. if he/she voluntarily quits;

ii. if an employee is discharged and not reinstated pursuant to the Grievance Procedure as provided in this contract;

iii. if an employee has been laid-off and is not employed elsewhere and has refused to retum to work within seventy-two (72) hours after being contacted personally. When the employee cannot be contacted, or is employed elsewhere, the Society will notify the employee by registered mail to his/her last known address to return to work and will be allowed no more than seven (7) consecutive days from the date of the notification to report for

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duty;

iv. if an employee overstays a leave of absence granted by the Society and the Union without securing an extension in writing of such leave of absence (exception, if the employee can prove he/she was unavoidably detained), or, ifhefshe takes employment other than that declared and agreed upon when applying for leave of absence;

v. if an employee is absent from work without securing a leave of absence for more than three (3) consecutive days, without an acceptable excuse.

6.4.1 An employee who is promoted to a position outside of the bargaining unit shall be permitted to return to the bargaining unit any time within twelve (12) months without loss of seniority or other benefits and to return to their original position if the position is still available.

6.5 Leave of absence in excess of thirty (30) days will not be granted until a request for same is submitted in writing to both the Union and the Society and mutually agreed upon.

6.6.1 Bona fide illness will not be cause for discharge or loss of seniority, providing, the Society is notified of such illness and may request a certificate from a duly qualified medical practitioner as to the nature of the illness and the anticipated time of disability. If this information is not supplied to the Society, or, if the length of illness or disability exceeds twenty-four (24) months, it may be reason for termination. Employees off due to illness for three (3) consecutive working days or more may be required to supply a doctor's note upon return to work to the Society.

6.6.2 The Society has the right to compel any employee who is absent from work for five (5) consecutive working days or more on account of sickness or accident, to attend to be examined by a doctor selected by the Society. The cost of said examination will be paid by the Society. Failure to attend such an appointment may be grounds for discipline. If, as a result of the doctor's examination referred to in the preceding paragraph, the Society requests the employee to return to work, and the employee fails to do so within forty-eight (48) hours, it may be reason for discharge.

6.7 Senior personnel at all times have preference to starting times in his/her classification. The Society will post any changes in starting times two (2) weeks prior to any such change in starting times.

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6.8 Overtime shall be on a voluntary basis and shall be offered within the classifications.

6.8.1 Scheduled overtime will be posted and made available to the most senior employee(s) indicating their willingness to work

6.8.2 Employees will have the opportunity to indicate their

6.8.3

availability for emergency overtime or an earlier shift on the work schedule for the following week. Overtime or an earlier shift will only be offered to those employees who have indicated their availability for work and an employee who refuses overtime offered or an earlier shift will not be offered overtime or an earlier shift in the subsequent week.

If the employer is unable to staff the shift in question, employees will be asked to work overtime down the seniority list, to and including part-time employees; if all refuse, then the Society will order part-time employees, and if not available, then the Society will order full-time employees, back up the seniority list.

6.9 When attempting to fill a shift vacated due to sickness, injury, or other unplanned leave the employer will endeavour to contact any union members in the classification who have stipulated their availability to work an earlier shift in advance. If no member is available the shift will be filled with a part-time employee.

ARTICLE 7: HOURS OF WORK

7.1.1 The work week shall consist of forty (40) hours, either five (5) consecutive eight (8) hour days or four (4) consecutive ten (10) hour days, and time and one­half (lY:.) shall be paid after forty (40) hours in any one (1) week, based on a seven (7) day work week. There will be no split days off unless mutually agreed between the Society and the Union.

7.1.2 The union and management acknowledge and agree that certain earned benefits are a function of a 2080 hour work year. These include vacation pay, holiday and sick days. Where an employee requests his / her workweek be reduced by one or more shifts the request will be considered by management and the union. If the request can be accommodated by management and if the union agrees to the request all relevant benefits will be adjusted on a pro-rata basis effective upon the commencement of the reduced workweek.

It is recognized that the employer is contractually bound to the health insurance provider to ensure all covered employees work a minimum of 30 hours a week. An employee who fails to work an average of 30 hours per week over the course of a calendar year will be dropped from coverage in the subsequent year.

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7.2 All call-outs of Field Operations Officers outside the regular scheduled hours of work, the Society will guarantee a minimum of one ( 1) hour to be paid at time and one-half (1 'h) the regular hourly rate.

7.3 All call-outs of Field Operations Officers only from 12:00 a.m. to 8:00 a.m. Monday to Friday inclusive and 12:00 a.m. to 9:00 a.m. on Saturdays shall be paid at the rate of double time (2x) the employee's regular rate of pay or until call is finished.

7.4 Field Operations Officers will be allowed one (1) additional hour to report to work without loss of pay, if called out between 12:00 a.m. and 8:00a.m., and if the call-outs reach a total of one hundred and twenty (120) minutes or more. This Article is to be implemented to a maximum of once in each on-call schedule.

7.4.1 A Daily standby fee of $75 will be paid in lieu of overtime hours Monday through Friday for any sixteen (16) hour or less On Call Shift. A Daily Standby Fee of $100 will be paid in lieu of overtime hours for any sixteen (16) to twenty­four (24) hour On Call shift.

7.5 Employees working (8) hour shifts will be allowed one-half ('h) hour for lunch between the third (3'd) and the fifth (5th) hour of duty and shall be paid therefore. Employees working ten (10) hour shifts will be allowed forty-five (45) minutes for

lunch between the fourth (4th) and sixth (6th) hours of duty and shall be paid therefore.

7.6. Employees will be permitted to take a fifteen (15) minute coffee break in the a.m. and in the p.m. of each shift, without loss of pay.

7.7. Employees will be allowed a five (5) minute "wash-up" time at the end of each shift without loss of pay.

7.8. Employees must advise the Society, at least ninety minutes (1 'h hours) prior to the start of their shift, they will not be reporting due to sickness. Should the call be required during non-business hours the employee shall call the main number for the Humane Society and report the pending absence to the answering service. Should for any reason access to the answering service not be available, it is the employees responsibility to contact duty management one hour before the commencement of their shift. Employees who fail to fulfill this responsibility maybe subject to disciplinary action.

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ARTICLE 8: GENERAL HOLIDAYS

8.1. The following General Holidays will be observed: NEW YEAR'S DAY GOOD FRIDAY VICTORIA DAY DOMINION DAY CIVIC HOLIDAY LABOUR DAY THANKSGIVING DAY REMEMBERANCE DAY CHRISTMAS DAY BOXING DAY ONE (1) FLOATING HOLIDAY One holiday to be recognized as the last half day (either four (4) hours or five (5) hours) of the employee's scheduled shifts on December 24th and December 31st

8.2. The Floating Holiday noted in 8.1 is to be taken at a mutually agreeable time between the Society and the employee. The Society requests thirty (30) days' notice to schedule this Floater.

8.3 When one of the observed General Holidays falls on a Saturday or Sunday, the day proclaimed shall be the day observed. When one of the observed General Holidays falls on the employee's normal day off the employee will take the next usual workday off without pay.

8.4 Employees shall be paid their full usual shift (either eight (8) or ten (10) hours) at their appropriate hourly rate, providing, they have been employed for ninety (90) calendar days. If an employee is required to work on any of the above paid holidays, he shall be paid time and one-half (1 %) the regular rate for all hours worked, plus the holiday pay, with the exception of Christmas Day, which shall be paid double time (2x) the regular rate for all hours worked, plus the holiday pay.

8.5 Any of the General Holidays as listed falling within an employee's annual vacation, shall be paid in addition to the employee's annual vacation with pay, or the employee may take an extra day in lieu thereof when it would not cause a disruption of the working schedule.

8.6 The Society agrees that any work performed on any of the Holidays stated in Article 8.1 above, shall be voluntary and a senior employee can refuse to work, when asked down the seniority list but terms spelled out in Article 6, Section 6.8, will apply on ordering back up the seniority list. Senior employees will be offered the opportunity to work the Holidays first.

8.7 In order to qualify for any of the holidays designated in this Article, the employee must work six (6) hours immediately prior to, and the full scheduled shift immediately following the holiday, except in the case of bona fide illness.

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The Society may request written verification of such illness from the employee.

ARTICLE 9: ANNUAL VACATIONS

9.1. Employees with less than twelve (12) months in the employ of the Society shall receive vacation pay, to be paid at the time of their vacation, in accordance with the Employment Standards Act of Ontario and any amendments

9.2. Employees who have completed one (1) year but less than five (5) years in the employ of the Society shall receive two (2) weeks vacation with vacation pay calculated at four percent (4%) at his/her earnings for the previous year, or eighty (80) hours pay at the employee's regular rate, whichever is the greater.

9.3. Employees who have completed five (5) years but less than ten (10) years in the employ of the Society shall receive three (3) weeks vacation with vacation pay calculated at six percent (6%) of his/her earnings for the previous year, or one hundred and twenty (120) hours pay at the employee's regular rate, whichever is the greater.

9.4. Employees who have completed ten (10) years or more in the employ of the Society will receive four (4) weeks vacation with vacation pay calculated at eight percent (8%) of his/her earnings for the previous year, or one hundred and sixty (160) hours of pay at the employee's regular rate, whichever is the greater.

9.5. Employees who have completed eighteen (18) years or more in the employ of the Society will receive five (5) weeks vacation with vacation pay calculated at ten percent (10%) of his/her earnings for the previous year, or two hundred hours (200) of pay at the employee's regular rate, whichever is the greater.

9.5.1 Employees who have completed twenty-five (25) years or more in the employ of the Society will receive six (6) weeks vacation with vacation pay calculated at twelve percent (12%) of his/her earnings for the previous year, or two hundred and forty hours (240) of pay at the employee's regular rate, whichever is the greater.

9.6. The choice of vacations shall be by seniority. Employee Vacation requests shall be made in writing on or before March 31st of each year. The Employer will post a fmal Vacation Schedule or before April 30th of each year.

9.7. In order to qualify for the eighty (80) hours pay guarantee in Article 9, section 9.2, the one hundred and twenty (120) hours pay guarantee in Article 9, section 9.3, and/or the one hundred and sixty (160) hours pay guarantee in Article 9, section 9.4, andfor the two hundred hours (200) pay guarantee in Article 9,

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section 9.5, and/or the two hundred and forty hours (240) pay guarantee in Article 9.5.1 an employee must work forty (40) full work weeks. Vacation time, bereavement time, paid sick days, and time off due to a WSIB-compensable injury will be included in the tabulation of total weeks worked.

9.8. Employees will be allowed to bank overtime hours to a maximum eighty (80) hours per year to be taken at a mutually agreeable time for vacation or personal business. These banked hours are to be taken in no less than one (1) day periods.

9.9. Employees will only be allowed to take two (2) weeks (ten (10) days) of their vacation allotment or banked days in single day allotments.

ARTICLE 10: MEDICAL & INSURANCE

10.1. The Society shall pay the total cost of the premiums covering employees and employees' eligible dependants to the Ontario Health Insurance Plan (O.H.I.P.).

10.2. The following Group Insurance and Health Plans (the "Plans") will be available to employees:

o Group Life Insurance - $20,000.00

o Accidental Death & Dismemberment $20,000.00

o Pension -The Society will match employee contributions to the pension plan. Each employee is required to contribute $0.50 per hour, but may at their discretion contribute at a higher rate and, effective June 1, 2008, the employer will contribute to match contributions up to $1.00 per hour. An employee may continue to contribute above $1.00 per hour without matching employer contributions. New employees will be enrolled in the pension plan after 12 months of service.

o Weekly Indemnity Insurance .......... 75% of basic weekly earnings, with a maximum benefit of $400.00 /week payable for a maximum of 17 weeks

• 1st day accident • 1st day hospital • 4th day sickness

10.3 The following Group Insurance and Health Plans (the "Plans") will be available to employees and eligible dependants: o Prescription Drug plan

• Calendar year deductible - NIL • Benefit % - 1 00% of drug charges

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• Maximum -standard benefit plan will be capped at $5,000 maximum benefit per family member • Coverage for all prescribed medication except "life style drugs" such as sexual dysfunction, fertility, non smoking, etc. • Prescription drugs card carry plan • No deductible • Employee pays dispensing fee

o Dental Care • Calendar year deductible - NIL • Benefit % - 100% for basic services • Maximum- $1,000 per calendar year

o Professional Services • Chiropractor or Physiotherapist - $500 per calendar year • Podiatrist - $500 per calendar year • Vision Care Plan

o Vision Care Plan • Eye exams once every 24 months • Benefit maximum of $250 every 24 months for prescription glasses or

contact lenses

ARTICLE 11: WAGE RATES

11.1 Wage rates shall be as follows:

Effective April1, 2011 April1, 2012 April 1, 2013

0 - 1 Year of Service $12.55/hr $12.75/hr $12.95/hr

1- 3 Years of Service $14.55/hr $14.75/hr $14.95/hr

3+ Years of Service $20.37 fhr $20.57 fhr $20.77 /hr

*Years of service are completed years of 12 full months.

11.2. The equivalent of $0.02 per hour worked by hourly employees will be submitted to Teamsters Union Local 880 for its Industry Advancement Fund, beginning on June 1, 2008.

11.3 Lead Hands will receive fifty cents (0.50¢} per hour above rates as set forth in 11.1 above.

11.4 The pay day shall be Thursday of every week and the cheques will be dated for that day.

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11.5 Probationary employees shall be paid a rate of Two Dollars ($2.00) per hour less than the rate as set forth in (a) above.

ARTICLE 12: SAFETY CLOTHING & EQUIPMENT

12.1. The Union and the Society shall co-operate in continuing and perfecting the safety measures now in effect.

12.2. The Society shall equip all employees with all the necessary tools, safety equipment, and protective clothing that is necessary in the performance of their duties which will include protective gloves and also winter gloves for the Field Operations Officers. All safety equipment designated by the Ministry of Labour as necessary must be worn by all employees or they may be subject to disciplinary action. The Society agrees to supply locks and chains to secure the toolbox in the truck. All Field Operations Officers will sign a receipt when issued with the above equipment, stating that they have received the equipment in good working order. Any Field Operations Officer losing any piece of this equipment, where negligence can be proven, will pay for the piece of equipment lost at present day cost. The individual Field Operations Officer concerned shall pay for the equipment lost, by means of a weekly payroll deduction of not more than ten dollars ($10.00) per week, until the replacement cost is recovered by the Society. Should the employee locate the lost piece of equipment, any payroll deductions

taken up to that point will be returned to the employee.

12.3. (a) The Society agrees to provide a Two Hundred Dollar ($200.00) allowance every year to be used exclusively for the purchase of C.S.A. certified safety shoes for all employees, and further agrees to provide a Two Hundred Dollar ($200.00) allowance every year to compensate for the purchase of C.S.A. certified winter safety boots for the Field Operations Officers. These shoes will be worn at all times by the employees during working hours. Failure to report to work with these shoes will result in the employee being sent home to get them and to return, without pay, on the first occasion and for the remainder of the day, without pay, on all other occasions. Exempt from this allowance and requirement to wear safety shoes are an employee who produces a medical certificate they can no longer wear them due to health factors.

12.4. Should shoes / boots not be required in any given calendar year the allowance can be carried over for one year only and may be used to supplement that year's allowance. Any unused allowance at the end of the second year is not carried over.

12.5. The Society will provide uniforms as agreed, at no cost to the employees. Employees are required to wear the designated uniform at all times while on

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duty. Failure to report to work in uniform will result in the employee being sent home to change and to retum, without pay, on the first occasion, and for the remainder of the day, on all other occasions.

12.5.1. Field Operations Officers - The Society agrees to purchase waterproof winter jackets as reasonably required.

12.5.2. Reception - Adoption - Kennel Workers -The Society agrees to provide to each employee, at no cost to the employee, three (3) shirts each year. Three (3) raincoats and hats will be provided for the pound area.

12.5.3. The Society further agrees to pay employees a clothing allowance of One Hundred Dollars ($100.00) per year, to be used exclusively for the purchase of not less than two (2) pair of pants or slacks.

ARTICLE 13: MAINTENANCE OF STANDARDS

13.1. The Society agrees that all conditions of employment relating to wages, hours of work, overtime differential and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvements are made elsewhere in this Agreement. This provision does not give the Society the right to impose or continue wages, hours and working conditions not less than those contained in this Agreement.

ARTICLE 14: SICK LEAVE

14.1. Sick leave shall mean the period oftime an employee is permitted to be absent from work with full pay by virtue of being off sick or disabled, or, because of an accident for which compensation is not payable under the Workmen's Compensation Act.

14.2. Sick leave shall be granted to full-time employees on the basis of one (1) eight hour (8) day for each month of service. The Society agrees to grant up front six (6) sick days to each full-time employee effective January 1st of each year and a further six (6) sick days effective July 1 of each year to a maximum of 12 days.

14.3. The Union agrees that sick day entitlement must be earned. Without derogation from that principle and without prejudice to the Company's right to recover by way of set off against held back wages for sick days that have been granted and taken but not yet earned in the event an employee is discharged, quits or is laid off, the Company agrees to credit sick days as noted above and an employee may draw down any or all of the days standing to his /her credit as

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required.

14.4. In any year where an employee has not had sick leave, or, has had only a portion thereof, he/she shall be entitled to an accrual of all unused portion of sick leave to a maximum of ninety-six (96) hours each year. A deduction shall be made from accumulated sick leave for all regular working days absent for sick leave as defined in 14.2.

14.5. A record of all unused sick leave shall be kept by the Society. Each employee shall be permitted to review the records of the Society and verify that the accumulated sick leave is correct. Employees, upon request will be advised of sick leave accrued to his/her credit, and shall be paid for any or all sick days, on the last pay in November.

14.6. Employee having accrued sick leave to his/her credit, shall upon severance or retirement, receive salary grant in lieu thereof, equal to such credit at the rate of pay then in effect immediately prior to severance or retirement. In the event of death before severance or retirement, any accrued sick leave cash bonus shall be paid to his/her beneficiary.

ARTICLE 15: STRIKES & LOCKOUTS

15.1. In view of the provisions for orderly settlement of grievances, as set out in this Agreement, there shall be no strike or suspension of work by the employees, or, lockout by the Society, during the term of this Agreement.

ARTICLE 16: GENERAL

16.1. In the event of a death in the immediate family (i.e., Spouse, Common Law Spouse or Partner, Son, Daughter, or Step-children), an employee shall be given the necessary time off to attend the funeral and will be paid five (5) days' pay at the applicable rate providing that the period between the day of death and the funeral are scheduled working days for the employee.

16.2. In the event of a death in the extended family (i.e., Mother, Father, Sister, Brother, Step-parents, Grandparents, Grandchildren, Father-in-law, Mother-in­law, Sister-in-law, Brother-in-law), an employee shall be given the necessary time off to attend the funeral and will be paid three (3) days' pay at the applicable rate providing that the period between the day of death and the funeral are scheduled working days for the employee.

16.3. The Society further agrees to allow employees one (1) day off without loss of pay to attend the funeral of Grandparents-in-law, Aunts, or Uncles, provided

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proof of death is supplied to the Society.

16.3.1 The Society further agrees to allow employees one (1) day off without loss of pay in the event of the death of an employee's companion animal. This leave may be used a maximum of once per year.

16.4. The Society agrees that it will not put out (Excluding ancillary operations -Wildlife contract, Cremation services, etc.) for tender or contract, or employ any person or group of persons on a part-time basis or any other basis for any job now filled by present employees so as to have the effect of depriving any present employee covered by this contract of his/her job or any other benefit under this Agreement.

The Society further agrees it will not displace any member of the bargaining unit through the use of volunteers performing work currently undertaken by existing members of the bargaining unit, nor will it utilize volunteers to avoid creating additional bargaining unit positions to perform the same functions, should the shelter expand its holding capacity.

16.5. The parties agree to the establishment of a committee for the planning, execution and management of volunteer activities in the shelter. The committee will be chaired by the Development Officer and be comprised of one member of the Board of Directors, 'one volunteer selected by the Board of Directors, one member of the bargaining unit selected by the union and the Executive Director as an ex-officio member.

16.6 Where an employee has not received a disciplinary notation for a period of two (2) calendar years, any disciplinary notation(s) recorded on the employee's service record prior to that time shall be null and void.

ARTICLE 17: DURATION

17.1. THIS AGREEMENT shall become effective on the first (1•') day of April, 2011 to and until the thirty-first (31 •') day of March, 2014 and from year to year thereafter unless notice of amendments by either party is given by registered mail within ninety (90) days prior to the date of expiration, setting forth the amendments desired, re the Act.

17.2. Negotiations shall be entered into within fifteen (15) days of notification to do so.

17.3. THIS AGREEMENT shall be binding upon the parties hereto, their successors, administrators, executors and assigns.

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17.4. THIS AGREEMENT shall continue in full force and effect until a new agreement is reached and all applicable clauses shall be retroactive to the expiry date of MARCH 3l"t, in any year.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS !3nd-- DAY OF ~~ , 2011

FOR THE COMPANY: FOR THE UNION:

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I M P 0 R T A N T N 0 T E:

If you leave the employ of the Company, contact your Local Union whether in person, or by mail, for a WITHDRAWAL CARD. OBTAINNING A WITHDRAWAL CARD IS THE SOLE RESPONSIBILITY OF THE MEMBER

WITHDRAWAL CARDS can only be issued to a member whose dues are paid to and including the month in which the withdrawal card is requested.

IF YOU ARE NOT WORKING DUE TO SICKNESS, LAY-OFF, WORKMAN'S COMPENSATION, ETC., NOTIFY THE UNION OFFICE AND OBTAIN A WITHDRAWAL.

WITHDRAWAL CARDS ARE VALID ONLY WHEN A MEMBER IS NOT WORKING AT THE CRAFT.

KNOW YOUR AGREEMENT: ..... MAKE SURE YOU KEEP IT FOR YOUR FUTURE REFERENCE. IF THERE IS ANYTHING ABOUT WHICH YOU MAY BE IN DOUBT, ASK YOUR STEWARD TO ADVISE YOU, OR CONTACT YOUR LOCAL UNION OFFICE.

ALWAYS

1. ATTEND YOUR UNION MEETINGS.

2. Help new employees become acquainted with the agreement.

3. If you leave the employ of the Company, contact your Local Union office for a withdrawal card.

"BE A GOOD UNION MEMBER"

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