Nutra 2000 (Ottawa} and CNFIU (the Union} and Foo… · Nutra 2000 (Ottawa} and CNFIU (the Union}...
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COLLECTIVE AGREEMENT Between Nutra 2000 (Ottawa} and CNFIU (the Union}
Transcript of Nutra 2000 (Ottawa} and CNFIU (the Union} and Foo… · Nutra 2000 (Ottawa} and CNFIU (the Union}...
COLLECTIVE AGREEMENT
Between
Nutra 2000 (Ottawa}
and
CNFIU (the Union}
Contents ARTICLE 1- PURPOSE ..............................................................................•..................................................... 1
ARTICLE 2- RECOGNITION AND SCOPE ....................................................................................................... 1
ARTICLE 3- NO DISCRIMINATION ................................................................................................................ 1
ARTICLE 4- NO STRIKES AND NO LOCKOUTS .............................................................................................. 2
ARTICLE 5- MANAGEMENT RIGHTS ............................................................................................................ 2
ARTICLE 6- UNION SECURITY ...................................................................................................................... 3
ARTICLE 7- UNION COMMITIEE, STEWARDS AND REPRESENTATION ....................................................... 3
ARTICLE 8- GRIEVANCE PROCEDURE .......................................................................................................... 4
ARTICLE 9- DISCIPLINE AND DISCHARGE CASES .................................•........................................................ 6
ARTICLE 10-ARBITRATION .......................................................................................................................... 6
ARTICLE 11-WITNESSES .............................................................................................................................. 8
ARTICLE 12- PROBATIONARY EMPLOYEES .................................................................................................. 8
ARTICLE 13- SENIORITY .....•........•.....•.............................•........................................................................................ 9
ARTICLE 14-JOB POSTING ......................................................................................................................... 10
ARTICLE 15- LAYOFFS AND RECALLS ......................................................................................................... 11
ARTICLE 16- LEAVE OF ABSENCE ............................................................................................................... 12
ARTICLE 17- HOURS OF WORK, OVERTIME ............................................................................................... 15
ARTICLE 18- VACATIONS ......................................................................................................................... 199
ARTICLE 19- PAID HOLIDAYS ..................•..................•.............................................•................................. 20
ARTICLE 20- WAGES CLASSIFICATIONS ................................................................................................... 211
ARTICLE 21- HEALTH AND WELFARE ......................................................................................................... 21
ARTICLE 22- JOB SECURITY ...................................................................................................................... 233
ARTICLE 23- HEALTH & SAFETY ................................................................................................................. 23
ARTICLE 24- GENERAL ..........................................................................•.................................................. 244
ARTICLE 25 -SICK LEAVE ............................................................................................................................ 24
ARTICLE 26 -INFLUENZA/TB ...................................................................................................................... 25
ARTICLE 27- DURATION .......................................................................................................................................... 26
SCHEDULE A ............................................................................................................................................................. 27
LETIERS OF UNDERSTANDING #1, #2, #3 ........•................................................................................................... 29
ARTICLE 1 -PURPOSE
1.01 The purpose of the Agreement is to establish and maintain collective bargaining
relations between the Employer and the employees covered by this Agreement and to provide
for a prompt and orderly method of settling complaints or grievances, which may arise
hereunder.
1.02 The Union recognizes the obligation of the Employer to provide efficient service to the
Owner and the public pursuant to the relevant legislation and objectives of the Employer.
ARTICLE 2 - RECOGNITION AND SCOPE
2.01 The Employer recognizes the Union, Canadian National Federation of Independent
Unions, as the sole and exclusive bargaining agent for all employees of 110798898 Ontario
Limited o/a Nutra 2000 in the City of Ottawa save and except office and clerical staff,
receptionists, Supervisors, Directors or Coordinators and persons above the rank of Supervisor,
Directors or Coordinators.
Persons employed by the company who are not members of the bargaining unit shall not
perform work on any jobs in the bargaining unit except in cases of instruction, emergency, to
assist when there are insufficient employees at work to get the job done in a safe or efficient
manner, or in situations where persons outside the bargaining unit have normally performed
such work in the past.
2.02 The Employer shall on the date of hire, acquaint new employees with the fact that they
are covered by a collective agreement and required to pay Union dues. The Employer shall
introduce new hires to the union steward in a timely manner.
ARTICLE 3- NO DISCRIMINATION
3.01 The parties agree that there shall be no discrimination, interference, restraint, coercion
or intimidation exercised or practiced upon any person employed by the Employer on account
of membership or non-membership in any trade Union or association or because of activity or
non-activity in the Union.
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3.02 The Union agrees that it will not conduct Union business (other than that which is
permitted in this Agreement) on the Employer's premises or at any location where the
Employer's business is being carried out or services provided, except as specifically authorized
in advance and in writing by the Employer.
3.03 The Employer, Union and employees agree to abide by the provisions of the Ontario
Human Rights Code and other relevant provincial legislation.
ARTICLE 4- NO STRIKES AND NO LOCKOUTS
4.01 During the term of this Agreement neither the Union nor any of its officers or officials
nor any employee shall take part in or call or encourage any strike, sit-down, slow-down,
suspension of work or any other collective action against the Employer, nor shall the Employer
engage in any lock-out of the employees.
ARTICLE 5 -MANAGEMENT RIGHTS
5.01 Except as modified by the express provisions of this Agreement, all rights, prerogatives
and privileges are retained by the Employer and remain exclusively within the rights of the
Employer without any limitation whatsoever. Without limiting the generality of the foregoing,
the Employer's rights shall include:
i) The right to select, hire and direct the employees and the operations of the
Employer: to transfer, classify, assign, re-assign, demote, promote, layoff, recall,
suspend, or discipline with just cause, and retire employees; to plan, direct, control,
alter and change the scope of all of its operations; and
ii) The right to maintain order, discipline and efficiency: to make, alter and enforce
reasonable rules and regulations applicable to, and to be observed by, employees;
to discipline and discharge employees, provided that a claim by a non-probationary
employee that she has been suspended or discharged without just cause may be the
subject of a grievance; and
iii) The right to determine the location and extent of operations and their
commencement, expansion, curtailment and cessation; the direction of the working
forces; the level and type of service to be provided; the content, evaluation and
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description of jobs; methods to be used to provide services, employee qualification
for employment and promotion, number of hours to be worked; number and
classification of employees needed.
iv} The Employer agrees that it will exercise its rights in a fair and reasonable manner
which is not inconsistent with the provisions of this agreement
ARTICLE 6- UNION SECURITY
6.01 For each employee, the Employer agrees that it will deduct a sum equal to the regular
Union dues for each employee covered by this Agreement. Such deduction will be effective
upon date of hire.
6.02 The Union shall inform the Employer of the amount to be deducted by providing thirty
(30} days written notice.
6.03 The Employer agrees that it will remit the total amount of such deductions to the Union
not later than the fifteenth (15th) day of each month following the month that such deductions
were made. The Employer will also forward a list of the names, classifications and the address
on file of all employees from who deductions were made.
6.04 The Union agrees to indemnify and hold the Employer harmless with respect to all
deductions made pursuant to this Article and with respect to any liability or claim made against
the Employer by any employee(s} or any other person arising out of deductions made pursuant
to this Article.
6.05 The Employer shall indicate the amount of Union dues deducted on the T4 slip of each
Employee.
ARTICLE 7- UNION COMMITTEE, STEWARDS AND REPRESENTATION
7.01 No individual employee or group of employees shall undertake to represent the Union
at meetings with the Employer without proper authorization of the Union. In order that this
may be carried out, the Union will supply the Employer with the names of its Stewards.
Similarly, the Employer will supply the Union with a list of its supervisory or other personnel
with whom the Union may be required to transact business.
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7.02 A Union Committee of not more than two (2) shall be selected by the Union to
represent the Union for the purpose of handling of grievances or bargaining on any matter
properly arising from time to time during the continuance of this Agreement, including
negotiations for a renewal of this Agreement.
7.03 The Union stewards shall have the right at any time to have the assistance of
Representatives of the Canadian National Federation of Independent Unions when meeting
with the Employer or the Employers designate.
7.04 The Union recognizes that members of the Union Committee have regular duties to
perform on behalf of the Employer. Such employees will not leave their duties on Union
business without first obtaining permission from their immediate Supervisor. Such permission
will not be unreasonably withheld.
7.05 Each member of the Union Committee shall receive her regular pay for all regularly
scheduled working hours lost due to attendance at meetings pertaining to Union business with
representatives of the Employer, including negotiations up to and including conciliation but
excluding arbitration. For the purposes of clarity, this will cover meetings with representatives
of the Employer, whether on or outside the employers premises, for which permission has been
granted.
ARTICLE 8- GRIEVANCE PROCEDURE
8.01 It is the mutual desire of the parties hereto that complaints of employees shall be
adjusted as quickly as possible. Therefore, a grievance shall be defined as any difference or
dispute between the Employer and any employee or the Union relating to the interpretation,
application or administration of this Agreement, and an allegation that this Agreement has
been violated. All complaints and grievances shall be taken up in the following manner:
Step I
COMPlAINT STAGE:
An employee having a question or complaint shall discuss it with her immediate Supervisor
within seven (7) calendar days of the actual occurrence leading to the question or complaint.
At this Stage, the employee may be accompanied by a Union Steward, if she so desires. The
Supervisor shall reply to the employee either verbally or in writing, giving the answer to the
complaint or question within seven (7) calendar days from date of submission.
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Step II
Failing settlement at Step I, the Union shall submit a completed written grievance within seven
(7) calendar days to the employee's supervisor or designate. The supervisor or his designate
shall render his decision in writing to the Union within seven (7) calendar days after
presentation of the written grievance.
Step Ill
Failing settlement at Step II, a Union Representative from CNFIU shall within seven (7) calendar
days meet with the Executive Director or designate to discuss the grievance. The Executive
Director shall render his/her written decision within seven (7) calendar days of the meeting.
The Executive Director may have assistance from Nutra 2000 at this stage of the grievance
procedure and a head office representative may be present at this meeting.
Failing settlement at Step Ill, under the foregoing procedure arising from the interpretation,
application, administration or alleged violation of this Agreement, including any question as to
whether a matter is arbitrable, the grievance may be referred to arbitration by either party
within twenty eight (28} calendar days after the decision has been received at Step Ill.
8.02 GROUP GRIEVANCE
Where a number of employees have similar grievances, they may present a group grievance
within the same time limits prescribe for an individual grievance. A group grievance shall be
submitted at Step 2.
The Griever's names must be listed on or attached to the grievance form. Should such
grievance be referred to Arbitration the matter shall be adjudicated as a group grievance.
8.03 The subject matter of a group grievance shall not form the basis of an individual
grievance and vice versa. If a group grievance could be filed, then it is agreed that individual
grievances will not also be filed.
8.04 POLICY GRIEVANCE
The Union and the Employer shall have the right to file a grievance based on a difference out of
the Agreement concerning the interpretation application, administration or alleged
contravention of the Agreement. Time limits in Articles 8.01 will apply to a Union/Employer
grievance and such grievance must be in writing. Such grievance shall commence at Step Ill.
8.0S It is agreed that the Union Representative or Steward shall be notified as soon as
possible of the dismissal of any post probationary employee covered by this Agreement.
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Grievances related to the discharge of a bargaining unit employee shall be initiated by the
Union at Step Ill of the grievance procedure.
8.06 Time limits fixed to complaints, grievances and arbitration procedures may only be
extended by mutual written consent of the parties.
8.07 Throughout all Stages of the Grievance Procedure the aggrieved employee shall be
present unless otherwise agreed.
8.08 Where an employee receives a written disciplinary warning and the employee has been
discipline free for 12 months from the date of the warning, and in the case of a suspension
discipline free for 18 months from the date of the suspension, such warning shall be removed
from the employee's record with the exception of proven resident abuse.
ARTICLE 9 -DISCIPLINE AND DISCHARGE CASES
9.01 A claim by an employee who has completed her probationary period, that she has been
unjustly suspended or discharged from her employment will be treated as a special grievance,
commencing at Step No. 3 of the Grievance Procedure, provided the discharged person submits
her written grievance, dated and signed within seven {7) calendar days after the notice is given
in writing.
9.02 A Union Steward shall be present when any disciplinary penalty is imposed, unless
declined by the employee in writing. The Employer will notify the employee of the right to
Union representation prior to imposing any disciplinary action. If neither steward is available,
the meeting will be postponed, whenever possible, until one is available.
9.03 Any and all time limits referred to in Article 8, 9 and Article 10 are exclusive of Saturday,
Sunday and Paid Holidays as referred to in Article 19
ARTICLE 10- ARBITRATION
10.01 When either party requests that a grievance be submitted to arbitration as provided
under Article 8, it shall make such request in writing, addressed to the party to this Agreement
and at the same time name its nominee to the Arbitration Board. The responding party shall
have seven (7) days to respond naming their nominee.
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The two (2) nominees shall endeavor within fourteen (14) calendar days to agree upon a third
member and Chairperson of the Arbitration Board and it is understood that if the two (2)
nominees fail to agree upon a Chairperson, the Chair person shall be appointed by the Office of
Arbitration of the Ontario Ministry of Labour.
10.02 No person may be appointed as an Arbitrator who has been involved in an attempt to
negotiate or settle the grievance.
10.03 No matter may be submitted to arbitration that has not been properly carried through
all steps of the Grievance Procedure.
10.04 Each of the parties hereto shall bear the expense of their nominee appointed on its
behalf and the parties hereto shall jointly bear the expense of the Chairperson of Board of
Arbitration.
10.05 Any and all time limits referred to under the Grievance and Arbitration Procedures
herein may, at any time, be extended by written agreement between the Employer and the
Union.
10.06 The decision of the majority of the Arbitration Board shall be the decision of the Board
and shall be final and binding on both parties to this Agreement.
10.07 The Board or Arbitration or the Single Arbitrator shall have no power to alter, add to,
subtract from, modify or amend this Agreement nor to deal with any matter not covered by this
Agreement in order to give any decision inconsistent with it. The decision of the majority of the
members of the Board of Arbitration shall be the decision of the Board, but if there is no
majority the decision of the Chairperson shall govern.
10.08 No adjustment or remedy granted under either the grievance or Arbitration process
shall be made retroactive to a point prior to the incident-giving rise to the grievance.
10.09 Provisions for a Single Arbitrator
In the event that the parties agree that the grievance be dealt with by a sole arbitrator, it shall
so advise the other party when it submits the notice referring the grievance to arbitration. If,
within twenty-one (21) days after the notice of referral is submitted, the parties can agree to a
sole arbitrator, the grievance shall be determined by a sole arbitrator, failing such agreement,
the regular arbitration procedure shall apply. The Arbitrators' expenses shall be shared equally
by the parties.
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ARTICLE 11 -WITNESSES
11.01 At any Stage of the grievance procedure, including arbitration, the parties may have the
assistance of the employee(s) concerned as witnesses' and to gather necessary witnesses. All
reasonable arrangements will be made to permit the conferring parties or arbitrator(s) to have
access to any part of the Employers premises, with prior permission which shall not be
unreasonably denied, to view working conditions which may be relevant to the settlement of
the grievance.
ARTICLE 12- PROBATIONARY EMPLOYEES
12.01
a) 1. All new full time employees will be considered as probationary
employees until they have been employed for 60 shifts worked . All new
part time employees will be considered as probationary employees until
they have been employed for 450 hours worked.
2. The parties may, by mutual consent, extend the probationary period an
additional 60 shifts worked for full time employees and an additional450
hours for part time employees or for any other period mutually agreed
upon.
b) During the probationary period, the probationary employee shall have no
seniority standing. Employees who have completed said probationary period
and have been retained by the Employer at the completion thereof, shall be
considered as regular employees and shall be credited with seniority for said
probationary period.
c) The parties acknowledge that the probationary period affords the Employer an
opportunity to assess the employee. More specifically, the parties agree that the
Employer shall have the right to release a probationary employee whom the
Employer believes to be unsuitable because of conduct, quality or quantity of
work, attendance, attitude, suitability for position, inability to work with other
employees or any other work related reason.
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ARTICLE 13 -SENIORITY Seniority once established will be utilized for the purpose of job postings, lay-offs and recalls
and other provisions referenced in the Collective Agreement.
13.01
a) The initial seniority list shall be determined based on each employee's most
recent date of hire and total accumulated hours worked.
b) A Seniority list for all employees shall be posted in January and July of each year
with a copy sent to the Union and shall contain the employee's name, start date
and total number of accumulated hours worked. Employees will have thirty (30)
days from each posting to make any challenges to the list.
c) Employees shall not accrue seniority until after they have completed probation,
at which time the method described in (a) above will be used to calculate
seniority.
d) Once the initial seniority list is established, an employee's seniority shall be
increased by the number of hours of paid employment, which the employee has
worked since the establishment of the seniority list.
e) For clarity and all purposes, 1 year equals 1800 hours paid.
13.02 Loss of Seniority
An employee shall lose all seniority and shall have ceased employment without further notice
for any of the following reasons:
a) resignation;
b) retires or is retired;
c) discharged for just cause and not reinstated;
d) absent from work for a period of three (3) working days without notifying the Employer,
unless a reasonable explanation is provided to the Employer;
e) fails to return to work within seven (7) calendar days following a recall from lay-off after
being notified by registered mail to do so. It shall be the employee's responsibility to
notify the Employer of their current address.
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f) has been laid-off for a period of eighteen (18} months;
g) leaving the Employer's premises during regular working hours without the permission of
the employee's immediate Supervisor;
h) failure to report for work as scheduled at the end of a leave of absence, vacation, or
suspension unless a reasonable explanation is given by the employee to the Employer:
i) engages in gainful employment without the authorization of the Employer while on an
approved leave of absence; J) has been on Workplace Safety Insurance for over 24 months, in accordance with Human Rights;
k) Casual employees shall have abandoned their job if he/she has not been available to work for a period of one (1) month.
ARTICLE 14- JOB POSTING
14.01
a) In the event new positions are created or vacancies occur in the existing job
classifications, (unless notified by the Employer that a vacancy is not going to be
filled or postponed) including Temporary Vacancies where duration of which is
expected to exceed four (4) weeks the Employer shall post within the Facility
such new jobs or vacancies for a period of seven (7) calendar days, and shall
stipulate the qualifications, classification rate, in order to allow employees with
seniority within that Facility to apply. Such vacancy or new job created shall be
filled from the applications received on basis of qualifications, experience, skills
and ability and seniority of the applicants within the Bargaining Unit. Where
these are relatively equal, seniority shall be the determining factor to fill the
vacancy.
The initial and first subsequent vacancy shall be posted in accordance with
14.01.
b) If no successful candidates are found the Employer may hire someone from
outside the Bargaining Unit.
14.02 Until the vacancy is filled through the job posting provisions, the Employer may
temporarily assign an employee to the vacant position.
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14.03 Trial Period
The successful applicant shall be placed on trial in the new position for a period of forty-five {45) days worked or three {3) calendar months, whichever comes first.
Such trial promotion or transfer shall become permanent after the trial period unless;
a) The employee feels that she is not suitable for the position and wishes to return to her former position; or
b) The Employer feels that the employee is not suitable for the position and requires that she return to her former position.
It is understood and agreed that once the trial period has expired, the Employer no longer has the right under this provision to return an employee to her former position and the employee no longer has the right to her former position.
In the event of either (a) or (b) above, the employee will return to her former position and salary without the loss of seniority, and any other employee promoted or transferred as a result of the rearrangement of positions shall also be returned to her former position and salary without loss of seniority.
Should the original successful applicant return to her former position, the next most qualified senior applicant to the original posting will be awarded the position and his/her position will be posted.
ARTICLE 15- LAYOFFS AND RECALLS
15.01 (a) Where it is necessary to reduce the working force of employees, the following
procedure will apply provided it does not prevent the Employer from maintaining a
working force of employees who are qualified to do the work available. It is agreed and
understood that reduction in the number of scheduled hours in a work week does not
constitute a layoff unless an employee has his/her hours reduced in excess of seven and
one-half (7.5) paid hours or more every two {2) weeks for a period in excess of twelve
(12) weeks.
(b) Layoff
An employee who is subject to lay-off shall have the right to either:
(i) accept the lay-off or;
(ii) displace any less senior employee in a equal or lower paid classification,
provided they are qualified and able to perform the duties after receiving
orientation to the position.
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The decision of the employee to choose i or ii above shall be given in writing to the
Executive Director within one calendar week following the notification of layoff.
Employees failing to do so will be deemed to have accepted the layoff
(c) In the event of a lay-off, the Employer will provide affected employees with
notice in accordance with the Employment Standards Act.
15.02 Employees shall be recalled in order of seniority within the facility. Notice of recall shall
be sent by registered mail to the employees last known address. The employee must
report to work within seven (7) calendar days of receipt of such notice, of her intention
to either accept or decline the offer of recall. In the event that she does not respond to
the notice, she shall lose all seniority and shall be considered to have resigned her
employment.
15.03 No new employee shall be hired until all those laid off or who have suffered a reduction
in hours have been given an opportunity to return to work and have failed to do so, in
accordance with this Article, or have been found unable to perform the work available.
15.04 Each employee shall keep the employer informed of any changes in their employment
related information. The Employer shall be entitled to rely on the most recent address
and telephone number furnished by the employee for all purposes.
ARTICLE 16- LEAVE OF ABSENCE
Where it is deemed that seniority continues to accumulate it will be based on the employees
averaged hours worked over the previous four (4) weeks.
16.01 Personal Leave
The Employer may approve leaves of absence without pay, to an employee who applies in
writing at least one (1) month prior to the commencement of the leave, unless impossible. The
employee must state the date of leaving and the date of return and the purpose of the leave.
Seniority shall be maintained during such leave but will not accumulate.
16.02 Jury Duty/Witness Leave
The Employer shall grant a leave of absence without loss of regular pay to an employee who
serves as a juror, or is required by subpoena to attend a court of law or coroner's inquest
related to their employment at the facility, providing the employee:
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a) notifies the Employer as soon as he becomes aware that he will be subpoenaed or
received the subpoena whichever comes first;
b) presents to the Employer proof of service requiring the employee's attendance;
c) deposits with the Employer the full amount of compensation, excluding mileage or
travel and meal allowances and an official receipt.
If not selected to sit on a jury or released as a witness, the employee shall forthwith contact his
supervisor and inform him of same and the supervisor will endeavor to reschedule the
employee's return to work as soon as possible.
Seniority continues to accumulate during leave for Jury Duty/ Witness leave
16.03 Bereavement leave When a death occurs in the immediate family (parent, spouse/same sex partner, child or
sibling) the employee shall be granted leave up to a maximum of four (4) missed shifts in a
seven (7) consecutive day period, commencing on day of death and ending day after the
funeral, without loss of pay.
When a death occurs in the family (current parents-in-law, grandparents, great grandparents,
grandchildren, current siblings-in-law, daughter-in-law and son-in-law) the employee shall be
granted leave up to a maximum of three (3) missed shifts in a five (5) consecutive day period,
commencing on day of death and ending day of funeral without loss of pay. An employee will
be granted one (1) day without the loss of pay to attend the funeral of an Aunt or Uncle.
Where an employee's scheduled vacation is interrupted due to a death or the attendance at a
funeral for which leave may be given under this article, the proportion of the employee's
vacation interrupted shall be deemed to be bereavement leave and the employee will be
entitled to reschedule the vacation credits at another time. Upon request the employee may be
required to provide proof of death.
a) This leave is only to apply where the employee is in attendance or is involved in the
preparation of the funeral and pay for such absence is limited to actual scheduled
working days.
b) An employee will not be eligible to receive Bereavement leave payment for any period
in which they are receiving any other payment such as holiday, vasatieR, or sick pay.
c) Where it is necessary because of distance, the employee may be granted up to five (5)
additional day's leave of absence with the Executive Director's approval. The additional
days are without pay.
d) Seniority shall accrue during any paid portion of the leave
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16.04 Pregnancy/Parental Leave
Pregnancy/Parental Leave will be granted in accordance with the Employment Standards Act of
Ontario, unless otherwise amended. An employee must have at least thirteen (13) weeks of
continuous employment prior to the expected date of birth to be eligible.
a) The employee shall give the Employer two (2) weeks' notice, in writing of the day upon
which she intends to commence her leave of absence, unless impossible, and furnish the
Employer with a certificate of a legal medical practitioner stating that she is pregnant
and giving the estimated day upon which delivery will occur.
b) The employee shall give at least two (2) weeks' notice of intention to return to work.
The employee may, with the consent of the employer, shorten the duration of the leave
of absence requested under this Article upon giving the employer two (2) weeks' notice
of her intention to do so, and furnish the employer with a certificate of a legal medical
practitioner stating that she is able to resume her work.
c) On return from Pregnancy/Parental Leave, the employee shall be placed on the same
job as at the time the leave commenced if the job is still available or a comparable
position if not available. While on Pregnancy/Parental Leave, an employee shall
accumulate seniority status under this Collective Agreement.
16.05 Upon expiry of seventeen (17) weeks pregnancy leave, an employee may immediately
commence parental leave, as provided under 16.09 of this Agreement. The employee shall give
the employer at least two (2) weeks' notice, in writing that she intends to take parental leave.
16.06 ADOPTION LEAVE
The Employer shall grant leave of absence without pay for a period of up to six (6) months,
which period shall be for adoption placement of a child. If required by the adopting agency,
leave will be extended up to twelve (12) months.
16.07 An employee shall advise the Employer as soon as possible that she has qualified to
adopt a child and shall require the adoption leave in writing immediately upon receiving
confirmation of the pending adoption, and where required for medical reasons, up to twelve
(12) months may be allowed.
16.08 PARENTAL LEAVE
Parental Leave must begin within thirty-five (35) weeks of the birth of the child or within (35)
weeks of the day the child first came into the custody, care and control of the parent. For
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employees on pregnancy leave, parental leave will begin immediately after the pregnancy leave
expires. Parental leave ends eighteen (18) weeks after it began or on an earlier day if the
employee gives the employer at least two weeks written notice of that day.
16.09 The employee shall give the Employer two (2) weeks written notice of the date the
Parental leave is to commence.
16.10 UNION OFFICE LEAVE:
An employee elected or appointed to a paid full-time position within the Union shall be
granted up to one (1) year off, without pay and without loss of seniority.
16.11 COMPASSIONATE CARE/EMERGENCY LEAVE.
Compassionate Care and Emergency leave shall be granted as per ESA
16.12 Where an employee is off work due to reasons specified below, the Employer shall
continue to pay the Employer's portion of premiums (provided the employee pays their
portion) for all Health and Welfare Plans for the following periods of time:
a) Where the absence is due to an occupational accident or an industrial illness covered
under the Workplace Safety and Insurance Act, for a period of up to twelve (12) months;
b) Where the absence is due to maternity or adoption leave, for the maximum period set
out for such leaves in the Employment Standards Act;
c) Should the employee fail to provide the Employer with their portion of payment within
5 days of the due date, without reasons satisfactory to the Employer, the benefits will
be cancelled and will not be reinstated until the employee has returned to work.
16.13 When the Union requests a leave of absence for an employee, the employer agrees to
continue the employee's wages and benefits costs and in turn submit an invoice to the Union
for any lost time of the Union leave. All such requests must come from the Union Office. The
Union agrees to pay the invoice upon receipt.
ARTICLE 17- HOURS OF WORK, OVERTIME
17.01 Hours of Work, Overtime
a) The following is intended to define the normal hours of work for employees but shall
not be interpreted as a guarantee of hours per day or per week, or days of work per
week.
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b) It is agreed and understood that the Home is a twenty-four hour per day, seven day per
week continuous operation and that services must be maintained.
c) The normal hours of work shall be seven and one half (7.5) hours per day, excluding a
one half (Y,) hour unpaid meal break or seventy-five (75) hours bi-weekly. Only those
employees who are required to stay in the building because they work alone will receive
one half (Y,) hour paid meal break at straight time. Shifts of shorter duration may be
scheduled, depending on the needs of the operation; however no shift shall be less than
three (3) hours in duration.
17.02 Rest Periods and Meal Periods
Rest periods shall consist of fifteen (15) minutes.
Shift Duration Meal Period
Up to 4 hours 0
Over 4 hours, up to 5 hours
Over 5 hours, up to 6 1/2 hours
6)1, hours or more
0
1
1
Rest Period
0
1
1
2
17.03 All Employees shall be scheduled so that no employee shall work more than six (6)
consecutive days.
17.04 All employees shall be scheduled at least two (2) weekends off work in each four (4)
week period unless mutually agreed otherwise; this provision shall not apply in the event of an
unscheduled absence of employees, nor at the times when the employer alters the schedule to
accommodate an employee's request.
17.05 Overtime shall be paid for all hours worked over seven and a half (7.5) consecutive
hours in a shift or seventy five (75) hours bi-weekly at the rate of time and one-half (1Y,) the
employee's regular rate of pay. It is agreed and understood that those employees who are
required to stay in the building because they work alone (and hence receive a paid lunch) will
only receive overtime for hours worked over eight (8) or eighty (80) hours bi-weekly.
17.06 All overtime must be authorized by the Executive Director or designate prior to the
hours being worked.
16
17.07 Call-in Procedure
a) When it is determined by the Employer that a vacant shift must be replaced the
following procedure will apply:
1. Employees in the affected department and classification, who have stated
their availability and do not trigger any additional or premium costs, will be
called in order of their seniority from last accepted.
2. Then qualified employees in any other department or classification, who
have stated their availability and do not trigger any additional or premium
costs, will be called in order of their seniority.
3. Should step 1 and 2 fail to replace the shift and the Employer has approved
overtime for that shift then the procedure in steps 1 and 2 will be followed to
fill the overtime shift.
Shift Exchange or Giveaway
b) An Employee may apply to his/her Supervisor in writing for permission to exchange
or give-away shift(s) with another appropriately qualified employee, such exchange
or give-away shall not result in any additional costs or reduced efficiency to the
Employer. Such request shall be made on the form supplied by the Employer for this
purpose, and shall be given to the Supervisor designated by the Employer at least
seventy two (72) hours in advance of the shift the employee wishes to exchange or
give-away. It is understood and agreed that there will be no more than five (5) shift
giveaways per calendar year and no more than one (1) shift exchange per month.
The seventy-two (72) hours and five (5) shift giveaways may be waived by mutual
agreement. The exchange or give-away must be formally approved by the
designated Supervisor before any exchange or give-away can take place. It is
understood and agreed that the Employer shall not be responsible or liable for non
compliance issues or concerns, or any additional costs (including but not limited to
overtime rate claims), that might arise or accrue as a result of the shift exchange or
give-away.
17.08 Schedules of a four (4) week duration will be posted at least seven (7) seven days in
advance. Where possible, once the schedule is posted it shall not be changed. In the event of
an emergency and the employer finds it necessary to change the schedule, the affected
employee shall be provided with 24 hours notice of the change.
17
17.09 Overtime shall be based on the employee's regular rate of pay, exclusive of premiums.
There shall be no pyramiding of any premium pay or benefits, vacation pay, etc.
17.10 Employees required to work more than two (2) hours overtime shall be provided with a
meal by the Employer in addition to any previous entitlement contained within their regular
shift.
17.11 Reporting Pay
Should an employee report for work at the regularly scheduled time for his shift and no work is
available such employee will be entitled to four (4) hours pay or his scheduled hours, whichever
is less, at the employee's regular rate provided that:
a) The employee has not been previously notified by the Employer to the contrary;
b) If requested by the Employer, the employee shall perform a minimum of four hours of
such available work as the employer may assign.
17.12 The provisions under article 17.11 shall be waived and not binding upon the Employer in
cases of any labour disputes or emergency such as fire and power shortage which disrupt the
operation of the Employer, nor shall it apply to employees returning to work without notice
after absence.
17.13 Unless otherwise contained in this Agreement, the days of work for an employee, the
starting and quitting times each day and the time and duration of lunch periods and time of rest
periods will be determined by the Employer in accordance with its requirements.
17.14 It is the sole responsibility of each employee to check the time schedule for his/her
scheduled hours.
17.15 Call-in/Back Pay
An employee who has left the premises and is called back to work shall receive a minimum of
four (4) hours at regular rate of pay unless the additional hours exceed eight (8) hours in a
twenty-four (24) hour period.
17.16 A shift commencing at or about midnight shall be considered the first shift of each
working day. The shift shall be deemed entirely within the calendar day in which the majority
of hours fall regardless of what calendar day any part of that shift was actually worked.
18
ARTICLE 18- VACATIONS
18.01 For the purpose of assisting employees scheduling their vacations, for the upcoming
vacation year, the Employer agrees to post a Vacation Request Schedule by January 151h of each
year. The schedule shall be taken down by March 31'1• While the Employer attempts to
accommodate employee requests, the Employer reserves the right to schedule vacation. Any
vacation requests must be submitted in writing on the designated vacation request form for
approval of the employee's supervisor by no later than April 151h. The vacation schedule shall
then be finalized by April 301h. In the event of conflicting vacation requests within a
department which have been submitted by the April 151h deadline, priority shall be established
on the basis of seniority taking into account the requirements of the operation. Vacation
requests forms not received prior to the April 151h deadline will be reviewed on a first come
basis. The Employer will make every effort to provide a timely response to these written
vacation requests.
An employee shall not be permitted to accumulate his/her vacation from one year to another.
The accumulated vacation must be taken during the vacation year immediately following the
year it was accumulated and not prior to that.
Vacation pay is only paid when vacation is taken. Vacation time is not cumulative and all
vacation entitlement (including all hours and dollars) must be taken within the vacation year.
By July 151 the Employer will attempt to notify employees of any unscheduled vacation
entitlement. The Employer shall schedule outstanding vacation if the employee fails to do so by
September 1 '1• The vacation year is defined as January to December.
18.02
a) An employee who leaves the Employer for whatever reason shall be paid 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.
18.03 Changes in vacation pay and entitlement shall become effective on the first full pay
period following the effective date of change, as follows:
After 1 year- 2 weeks' vacation @ 4% of gross earnings
After 3 years- 3 weeks' vacation @ 6% of gross earning
For the purpose of this article one (1) year equals 1800 hours seniority.
19
18.04 The Employer and Union agree that casual employees, as defined by the Collective Agreement
will receive their accrued vacation pay twice per year.
The pay outs will occur the first pay period of June and December annually. Casual employees may
request their vacation time entitlement, according to the provisions of the Collective Agreement, but any vacation time taken will be without pay.
ARTICLE 19- PAID HOLIDAYS
19.01 The following days shall be recognized as statutory holidays:
New Year's Day
Good Friday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Family Day
Effective January 1, 2015 full time employees are entitled to one (1) float holiday per year to be
taken at a mutually agreeable time.
19.02
a) Employees who work a statutory holiday shall receive one and one-half (1:V.) times their
regular rate of pay for all hours worked, in addition to a regular days pay, if they qualify.
b) Employees shall qualify for Holiday pay in accordance with the Employment Standards
Act.
c) An employee will not receive holiday pay on a day for which they received Workplace
Safety Insurance Board (WSIB) payments.
19.03 If one of the above named holidays occurs on an employee's regular day off, or during
his vacation period, the employee shall receive a day's pay for the said holiday if they qualify.
19.04 All attempts will be made to ensure that if you worked Christmas, you will have New
Year's Day off. Management will make every attempt to accommodate all requests in a fair and
equal manner.
20
ARTICLE 20- WAGES CLASSIFICATIONS
20.01 Wages for employees will be paid in accordance with Schedule A which will be deemed
attached to and forming part of this agreement. Employees currently being paid above the
wage grid shall be maintained at their current rate.
20.02 The Employer shall pay wages bi-weekly. If a payday is a statutory holiday, the pay
cheque will be available and dated for the first regular working day prior to the holiday. Each
employee shall be provided with an itemized statement of her wages and deductions.
a) In the event of an overpayment error on an employee's pay, the correction will
be made in the pay period following the date on which the overpayment comes
to the Employer's attention.
b) If the error results in an employee being underpaid by one (1) day's pay or more,
the employer will provide payment for the shortfall within three business days
from the date it is notified of the error if the shortfall is due to an Employer
error. In the case qf underpayment as a direct result of an employee omission or
error the underpayment will be corrected on the next pay. Any underpayment
less than one day's pay will be made in the pay period following the date on
which it was brought to the employer's attention.
In no event shall there be any pyramiding of benefits, premiums, or other payments under this
Agreement.
20.03 For an employee who is required to take courses that improves knowledge or skills on
the job, the Employer agrees to pay 100% of the course cost (tuition and supplies) upon
documented proof of successful completion of the course.
ARTICLE 21- HEALTH AND WELFARE:
21.01 The Employer shall provide to each post probationary full-time employee, who is regularly scheduled 80 hrs biweekly the following premium based plans. Employees' payment portion shall be through payroll deduction.
21.02 Dental The Employer agrees to provide a basic Dental Plan with current ODA fee guide. The
Employer shall pay seventy (70) percent of the premium.
21
21.03 EHC The Employer agrees to provide to full time employees the following coverage. The
Employer agrees to pay 70% of the premiums for the following plans.
a) Extended Health (EHC) 80% co-pay
Drugs available only by prescription.
No survivor benefits.
EHC -Life time maximum of $25,000.00
Vision $200.00 every 24 months
b) Life Insurance $15,000.00
100% Employer paid premium
21.04 Post probationary part time employees who are regularly scheduled over forty (40) hours biweekly but less than 80 hrs biweekly may also participate in the benefit plans with the following premium payments:
Life Insurance -100% Employer paid
EHC- 50% Employer paid
Dental- 50% Employer paid
21.05 It is agreed that any employee who has benefit coverage through their spouse may waive benefits under this plan.
21.06 RRSP Effective January 2016 the Employer shall introduce a voluntary employee contribution program with contributions to a maximum of two (2) percent.
A minimum of twenty (20) employees must enroll for the plan to be initiated. Employee contributions shall be made through payroll deduction.
22
ARTICLE 22 -JOB SECURITY
22.01 Persons whose jobs are not in the bargaining shall not perform work normally
performed by the employees within the bargaining unit, except:
• For purposes of instruction;
• When performing developmental or experimental work;
• When no employees are available to work after being canvassed by the Employer to fill
in.
• As established through past practice
• Work performed by working Supervisors or Coordinators
ARTICLE 23 - HEALTH & SAFETY
23.01 The Health and Safety Committee will function in accordance to the Workers'
Occupational Health and Safety Act.
23.02 The Union and the Employer shall cooperate in continuing and perfecting regulations
that will afford adequate protection to employees engaged in hazardous work.
23.03 The Health & Safety Committee shall be established and comprised of two (2)
representatives appointed by the Employer and two (2) representatives of the Union. The
Committee shall meet at least once every three (3) months, or more often as deemed
necessary by the parties.
23.04 The Health & Safety Committee shall hold meetings as requested by the Union or
management and all unsafe hazardous or dangerous conditions shall be taken up and dealt with
at such meetings. Minutes of all Health& Safety Committee meetings shall be kept and copies
of such minutes shall be posted by the Employer with a copy to the chief steward.
23.05 The Committee shall be notified immediately of each critical accident or injury. The
Health & Safety Committee shall investigate and report as soon as possible on the nature and
causes of the accident or injury. All noncritical accidents or injuries shall be reported in
accordance with the Health and Safety Act
An employee who is injured during working hours and is required to leave for medical
treatment of such injury shall receive payment for the remainder of the shift at her regular rate
of pay without deduction from sick leave, unless a doctor states that the employee is fit for
further work on that shift.
23
ARTICLE 24- GENERAL
24.01 Should the Employer and Union determine the need for copies of the Collective
Agreement in French the cost of translating the Collective Agreement shall be shared equally
between the Employer and the Union. The cost of printing the Collective Agreement shall be
shared equally by the Employer and the Union
24.02 A bulletin board shall be available to the Union for the posting of Union notices. The
location of the bulletin board shall be mutually acceptable to the parties. All notices or postings
require the Employer's approval before being placed on the board.
24.03 The Employer agrees to pay any retroactivity entitlements to all affected employees
within two (2) full pay periods of the notification of the ratification of the Collective Agreement.
Only Employees as of the date of ratification shall be entitled to any retroactivity payments.
24.04 The Union Committee and the Employer shall meet at a time agreed upon for the
purpose of discussing matters arising out of the administration of this Agreement. Such
meetings will be scheduled on a quarterly basis, unless otherwise arranged by the parties. Time
spent in such meetings shall be considered time worked with the Employer and employees in
attendance shall not suffer loss of pay.
24.0S A full-time employee is an employee who is regularly scheduled eighty (80) hours
biweekly.
24.06 A part-time employee is an employee who is regularly scheduled less than eighty (80)
hours bi-weekly and more than forty (40) hours bi-weekly.
24.07 A casual employee is an employee who is regularly scheduled forty (40) hours or less bi
weekly or who is not regularly scheduled.
ARTICLE 25- SICK LEAVE
25.01 Sick leave accruals and payments are based on a calendar year.
Upon hire employees begin accruing sick leave credits for use in the following sick leave year.
The sick leave bank opens once per year on January 1'1 for deposit of accrued sick leave credits
from the previous year. Employees are not entitled to access sick leave credits until after six (6)
months of continuous employment for full time or nine hundred (900) hours worked for part
time employees.
24
Should an employee not have completed the six (6) months in the case offull time or nine (900) hundred hours worked for part time as of January 1'', any accrued sick leave from the previous year will be deposited in the sick leave bank but cannot be accessed until the waiting period as noted above have been completed.
The maximum number of sick leave credits that can be accrued in one year for use the following year is five (5) shifts for full time and three (3) shifts for part time.
Effective January 2015 the maximum number of sick leave credits that can be accrued in one year for use the following year is six (6) shifts for fulltime and four (4) shifts for part time.
Sick leave may not be carried over from calendar year to calendar year.
a) Employees shall be paid their regular wages for scheduled hours absent due to illness,
until their sick accrual bank is exhausted.
b) An employee absent by reason of sickness or accident may elect not to take sick leave with pay.
c) Absence for sickness or accident compensable by W.S.I.B. plan will not be charged against sick leave credit.
25.02 The Employer reserves the right to request that the employee produce a sick leave certificate
with proof of payment for any illness in accordance with the collective agreement. The Employer will
pay for the certificate; however should the requirement to provide a doctor's certificate of illness be
part of a disciplinary process the Employer will not be responsible to pay.
Furthermore, the Employer may request the employee to attend a physician of the Employer's choice, in which case the Employer shall pay for the cost of the examination and the medical certificate.
ARTICLE 26-INFLUENZA /TB
26.011t is the policy of the Employer that all employees shall be required, on an annual basis, to be vaccinated for influenza and/or to take antiviral medication for influenza. If the employee fails to take the required medication he or she may be placed on an unpaid leave of absence during any influenza outbreak in the home until such time as the employee has been cleared by Public Health or the Employer to return to the work environment. The only exceptions to this would be:
(a) if an employee is pregnant; and
25
(b) upon written direction from the employee's physician for an employee for whom taking the medication will result in the employee being physically ill to the extent that he or she cannot attend work, in which case the employee will be entitled to use banked holidays or other banked lieu days, and thereafter vacation days, and thereafter leave without pay until such time as the employee has been cleared by the public health or the employer to return to the work environment.
26.02 The employer agrees to permit employees to get the influenza vaccine from their own
doctor. The employees are required to provide confirmation of vaccination.
26.03 Testing for TB is mandatory as per the Retirement Regulatory Authority (RHRA).
Employees will comply with the facility policy.
ARTICLE 27- DURATION "])ecernber 31, 2-0lh
/.7.)0 ~ UIPi '1!1 27.01 This agreement shall remain in effect until Oeteber 31 2913 and shall continue automatically
thereafter during annual periods of one (1) year each, unless either party notifies the other in writing
within ninety (90) days prior to December 31 2016 that it desires to amend or terminate this agreement
27.02 Notice of intent to amend this Agreement shall be given by either party to the other in
writing within a period of ninety (90) days prior to the expiry date. The Parties agree to meet
with respect thereto as soon as practical of such notice being received.
Dated this /J fA day of_;I).:....!!J..c...:.::'-1---2014
FOR THE UNION FOR THE EMPLOYER
H-7iilrV.
26
SCHEDULE A
WAGE GRID: RPN
EFFECTIVE START POST PROBATION 1950 hrs 3800 hrs 5850 hrs
January 1 2014 $18.84 $19.40 $19.94 $20.24 $20.54 1.5%
January 1 2015 $18.84 $19.69 $20.24 $20.54 $20.85 1.5%
January 1 2016 $18.84 $19.99 $20.54 $20.85 $21.16 1.5%
WAGE GRID: Universal Aide-(PSWIH&W Aide/Driver) Assistant Cook
EFFECTIVE START POST PROBATION 1950 hrs 3800 hrs 5850 hrs
January 1 2014 $12.48 $12.93 $13.38 $13.58 $13.78 1.5%
January 1 2015 $12.48 $13.12 $13.58 $13.78 $13.99 1.5%
January 1 2016 $12.48 $13.32 $13.77 $13.99 $14.20 1.5%
WAGE GRID: Cook-Certified
EFFECTIVE START POST PROBATION 1950hrs 3800 hrs 5850hrs
January 1 2014 $14.60 $15.08 $15.56 $15.79 $16.03 1.5%
January 1 2015 $14.60 $15.31 $15.79 $16.03 $16.27 1.5%
January 1 2016 $14.60 $15.54 $16.03 $16.27 $16.51 1.5%
27
WAGE GRID: Domestic Aide- (Dietary Aides, Dishwasher, Servers, Laundry, Housekeeping)
EFFECTIVE START POST PROBATION 1950 hrs 3800 hrs 5850 hrs
January 1 2014 $11.41 $11.85 $12.28 $12.46 $12.65 1.5%
January 1 2015 $11.41 $12.03 $12.46 $12.65 $12.84 1.5%
January 1 2016 $11.41 $12.21 $12.65 $12.84 $13.03 1.5%
WAGE GRID: Students-under 18-A/1 classifications
EFFECTIVE START POST PROBATION 1950 hrs
January 1 2014 $10.34 $10.62 $10.77 1.5%
January 1 2015 $10.34 $10.78 $10.77 1.5%
January 1 2016 $10.34 $10.94 $11.09 1.5%
28
Re: Pay Equity
Letter of Understanding #1
Between
Canadian National Federation of Independent Unions
and
Nutra2000
The parties agree that the wage rates set out in Schedule "A" of this Collective
agreement includes any and all pay equity obligations of the Employer
Dated this B day of ~ 2014
For the Union
29
Letter of Understanding #2
Between
Canadian National Federation of Independent Unions
and
Nutra 2000
Re:UCP
Effective upon ratification, current staff that are qualified UCP's shall receive
$2.50 an hour in addition to their respective pay when required to take the place
of an RPN.
There shall be no pyramiding of benefits
Dated this /j day of fll:J
30
2014
For the Union
/21~ i?:·
LETTER OF UNDERSTANDING #3
Between:
1107989 Ontario Limited o/s Nutra 2000
(Hereinafter called the "Employer")
-and-
CNFIU
(Hereinafter called the "Union")
The "Employer" has entertained the services of K&G Services (2196963 Ontario Limited) to provide the payroll for the employees of Nutra 2000. The "Employer" agrees that the employees working at Beacon Heights Retirement Residence are part of the collective agreement with the "Union" and that K&G is merely a payroll provider.
DATED THIS (3 DAY OF ~ 2014
FOR THE UNION
;/1!/d.
31
Letter of Understanding #4
Between
Canadian National Federation of Independent Unions
and
Nutra 2000
Re: New Classification- Maintenance Aide
The parties agree that effective May 31, 2014, a new classification (Maintenance
Aide) will be created and will be placed on the Universal Aide wage grid.
The current incumbent full-time employee, Paye Denia, shall be placed at the
post-probation rate on the wage grid. Upon the completion of an additional1200
hours in this position, he will progress to the 1950 rate.
All other part-time or casual employees working in this classification will be
placed at the start rate on the Universal Aide grid and will progress through the
wage grid as prescribed in the collective agreement.
Dated this5 '/1--- day of Jw~ 2014
For the Employer
----l-1./ ()l!Y'J For the Union
adcd?u
