Embed Size (px)
Citation preview
COLLECTIVE AGREEMENT
BETWEEN
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 5167 (''THE EMPLOYER'1
AND
CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION, LOCAL 343
("THE UNION")
January 1, 2010 to December 31, 2012
Page 1
,. TABL& OF CONTENTS
Preamble ................................................. .,. ............................... r. ........................................................ .. .,. ...... ........ ...... -······--············ ••• 8
Miele- 1 ..... - .............................. , ......................... ,..................................................................................................................................................... ............ 8
1.01 SCOPE .................... ................................................... ....................... ......................................................... 8
1.02 MAI'lAGEMENrS RJGHTS ........................................................................ ............. .. ..................................... .. 8
Article 2 ·UNION RECOGNITION .................................................................. , .......................... , .............................................................. 8
2.01 TEMPORARY EMPLOYEES .......................... .............. ................. ........... ...... ............................ ........ ............. 8
2.02 PARJ TfME EMPLOYEES .............................. .. ..... ....... .............................................................................. .... 9
2.03 BARG,AINING UNIT .............. .......................................... .................................................................... .. ............ 9
2.04 WORK OF THE BARGAINING UNIT ........... ................... ..... .................................................................. , ........ 9
2.05 RETENTION OF RIGHTS AND PRIVILEGES ............................................................................................. 9
2.06 RESOLUTIONS AND REPORTS OF THE EXECunVE BOARD ........................... ................................ 1 0
Article 3 • LABOURaMANAGEMENT RELATIONS ........................................................................ 10
3.01 NEGOTtATING COMMITTEE ................. ................ .. . , .... ................. ... ...... .................................................. .. . 1 0
3.02 LABOUR MANAGEMENT COMMilTEE ....................................................... ...................... ....................... 1 0
3.03LEAVE WITHOUT LOSS OF PAY FOR UNION ACTIVITIES ............. ...................................... ........... 1 0
.Article 4 • GRIEV.ANCE PROOEDURE ................ , ............................... , ........................................................................................................ 11
4.01 MRODUCTlON ........................................................................... .................................... .............................. 11
4.02 PROCESS AND MEDIATION ............................... ............. ......... ......... ... .. ........... .............. ......................... .. 11
4.03 ATTE~DANCE AT MEETINGS ............ ........................................................................................ ................ 11
4.04 TYPE OF GRIEVANCE ................................. .................................................................................................. 11
4.05 ARBITRATION PROCESS ............................................................................................................................ 11
4.06 REMEDY ......................................................................................... ..... ..... .......................................................... ...... 12
4.07 JURlSOICTIOO .............................................................................................. , .... ..... ........... ......... ................ .... 12
4.08 TIME LIMIT EXTENSION ....... ............ ..... ... ... ........................... .............. ........... ........ ...... ..... ........ .... ........ , ..... 12
Miele 5 .. UNION SECURITY' ....................................................................................................................................................... 12
5.01 UNION MEMBERSHIP .. ...... ............................ .... .... ............................................................ .. ....... .......... 12
5.02 NEW EMPLOYEES .. ........................ , ................................... ................................ ................................... 12
Page2
... 5.03 COPIES OF AGREEMENT .............. .................. ...................... ....................................................................... 12
5.04 BULLETIN BOARDS ... ................. .................................................................................................................... 13
5.05 PRMING OF AGREEMENT ................. ........................................................................................................ 13
AJ1:icle 6 .. CHECK:..OFF ..................................................................................................................................... ~ ............................... .,. ....... - ............ 13
6.01 UNION DUES ............................................................................................................................ ................................ 13
Miele 7 ... SENDRITY .......... ~ .............................................................................................. .,. ........................................................................... 1 3
7.01 DEFINITION .................................... ......................................................... .................... ..................................... 13
7JY2. PROBA TJOt-JARY PERIOD ................................................................................... ................................................... 13
7.03 S~IORITY LIST ....... ....... ............... ................................................................................ .................................. 13
7.04 N()TICE OF LAy -()FF .................................................... ..... ..................................................................... ..... ... 13
7.05 LAY-OFF ............................................................................................................................................... 14
7.06 LOSS OF SENIORITY ........................................................................ .................. ..... ....................................... 14
7.07 CONFIRMATION ()F STATUS .................. ......................................................................... .................... ........ 14
7.08 TRANSFERS OUTSIDE THE BARGAINtNG UNIT ..... ............................................................................... 14
.Articig, 8 .. ST .AFFING .............................................. * ••••• .-................................ ,., ...... .,., ........................................... " .................... ...... 15
8.01 JOB DESCRIPTlONS .......... ...................................................................................... ..... ................................... 15
8.02 REPORTING RELATIC>f\JSI-IIP ............................ ............................................................................................ 15
8.03 EMRLOYERIUNION RELATIONSHIP ............. ................. ...... .............. ........................................ ..... ..... .. 15
8.04 JOB POSTINGo ................................................ - ........ - ................................................................................................ 15
8.05 PERFORMlNG DUTIES OF ANOTHER POSITION .................................................................................... 15
Article 9 • DISCHARGES, SUSPENSION AND DISCIPLINE .............•....................................... 1 5
9.01 OISCIPUNE OR DISCI-lARGE ..................................................................................................... .................... 15
9.02 COMPlAINTS ............. .. ... .. ...... ................... ...... .... ...... ... ............... .. ........................................................................... 16
9.03 UNJUST SUSPENSION OR 01ScttARGE ... ....................................... ................. .................... ................... 16
9.04 REPORTS .............................................. ...... .............................. ............ .................. .......................... 16
9.05 NOTICE OF INTERVIEW ......... ................. ... ..... ... .................................... ... .............. ..... .................................. 16
9.06 PERSONNEL FILE ... ......................... ..... ........ ......... ..... ............ ...................................... .................................. 16
9.07 VACATION CREDITS WHEN DISCHARGED ............................................... .. .......................... .................. 17
Miele 10 ·NOTICE OF RESIGNA'TION ....................................................................................................................................... 17 ..
~~pe Page3
" 10.01 RESlGNA TION ............................................................................................................................................... .. ........ 17
Article 11 .. WAGES AND ALLOWANCES ............................................................. ......... ........ 11 ... ........ .. ......... .... ................ 17
11 .01 WAGES .......................................... ... ......................... ............................................................... .... .. 17
11.02 SPECIAL QUAUFICA no tots ............................................................................... ...................................... 17
11.03 PAY DAY .......................................................................................................................................... .. .. 17
11.04 OVERTIME MEAL AND TRANSPORTATION AllOWANCE .......... ................................................... 17
11.05 CHILD CARE COST$ ..................... ......................... ............................. .............. ... ........................................ 17
11.06 EXPEJ\ISE ALlC>\IVANCE ............................................................................................................................ 18
11 .07 TRANSPORTATION ALLOWAI'JCEIPARKING ........................................................................... ... ....... 18
11.08 RETROACTIVE PAYMENT FOR TERMINA TEO EMPl OYEES ..... ............ ........ ............................... 18
11.09 WAGE INCREASE ....................................................................................................................................... ........ 18
Article 12 • HOURS OF WORK .............................................. , ........................ - ... ,. .......................................................................... 18
12.01 HC>URS OF WORJ< ............................................................................................................................................. 18
12.02 OVERTIME ....... .. ..... .. .. ...................................................... ............................ .. ...................................... 19
Al'ticle 13 .. VACA noNS .................................................................................................................................. H •• + ............................................ 19
13.01 VACATI()I\J$ ................................................ ...... .................................................................................................... 19
13.02 HOliDAYS DURING VACATION .................................. ......................................................... .................. 20
13.03 VACATION RELIEF ............................... ...................... ............. ........ ........ ........................................ .......... 20
13.041l lNESS OR BEREAVEMENT OURtNG VACATION ............................................................. ... .......... 20
13.05 VACATION PAY ON TERMINATION ....... .................................................. ............ ..... ... ......... ........ .......... 20
13.06 CASUAL LEAVE/EMERGENCY LEAVE .. .......................................................... .................. .............. .... 20
13.07 CONSECUTIVE WEEKS ....... ............... ............................. ... ........................................................... ...... ..... .. 20
13.08 VACATION USE AND ACCUMULATlON ................ .. .......... ........ .. ....................... ........ ... ... ..................... 20
13.09 PREFERENCE IN VACATION ................................................ .. .................................... ............ ............... 21
13.10 COMPUTli'-4G VACATION ENT1TlEMENT .............................................................................................. 21
13.11 CANCELlATION OF VACATION ...................................................................................... ....................... 21
Article 14 - STATUTORY HOLIDAYS ...... ,, ....................................... ,, ................................ ,. ................... ··························-···· ..... 21
14.01liST OF HOLIDAYS .. ... ...... ..... ......................... ... .......................... ....................................................... ........ .. 21
Page4
14.02 HOLIDAYS FAlllNG ON WEEKEND-·--····--·--··-·-··-· ........ ·-·-··-··-··-·----· ..................... ................................. 21
Article 15 • SICK LEA. VE ......................................................................................................................................................................................................... 21
15.01 DEFINITION .. _. ____ ___ ._ ... ....... _._ ....... __ ._._ ........ _ ...... __ ._ ._ ..... _ ... _ .... ........ .................... -..... .. . 21
15.02 SHORT TERM I~ PROTECTlQN __ ---- ·-- -- ·-·· -- .... ----.- ... -... -- ... -. -........ . ...... .... ...... ........ 22
15.03 LONG TERM DISABILJTY --·--·--·-- ................................ --·-· ·-·--·--.................... ......... ............................... ..... .. 22
Article 16 .. LEAVE OF ABSENCE ...................................................................................................................... " .................... .. ............... 22
16.01 BEREAVEMENT LEAVE .......................... ....................................................................................................... .... 22
16.02 SPECIAL lEAVE ....... ................ ..................................................... ·-- -- .................................... .... ......................... 22
16.03 OBSERVANCE OF RaiGIOIJS HOLIDAYS ................................................. ............ ........................... ... 22
16.04 LEAVE FOR UNION ACT'MTIES ......... .......... ..... ...... .. .............................................. .......... .............. ..... --·--22
16.05 JURY OR COURT WITNESS DUTY ................................................................................... ...... ... ............ ... 23
16.06 GENERAl lEAVE ................................................................................................................................................. 23
16.07 FAMILY LEAVE ............................. ..... .......................... .. ... .. ........ - ......................... _ ............. ---·-----···--·----·-----------· 23
16.08 MATERNJTYIPARENT ALLEA VE ....... -··-· ............... ..... ............................. ····-··--·-· ..................... ............... 24
16.09 TUIT*ON AND TRAINING ................... ......... ............................................................ ·-·--··--·-- ......... ... -- .......... 24
16.10 SPECIAL STUDY LEAVE ...................................................... ............................... .............. ·-- .... --... -- .......... 24
Article 17 - HEALTH AND SAFETY' ................................................................................................ ,. .............................. -·~~· 2.4
17.01 CCll'vi.MITMENr ................................................................................................................... ...... ...................... ....... 24
17.02 COMMITrEE _ .. -- .... ·-·-·-.... __ -- .... -·-·-·-·-·· .. -- __ __ ............ -·-.. ....... -- --....... ...... ................. ....... ...... ... .... ...... .. ... . 24
17.03 EQUIPMB'ff ........................................................................................... ............................................................ .. 25
17.04 INJURY AT WORK ................................. ................................. ·-·-· ............................................................... 25
Article 18 • EMPLO'YEE B.ENEFITS ................................................................................................. " .............................. 25
18.01 BENEFITS ........ -----·-----··--·-·----·----.. ·--++----------·----·-·---·----·---- .............. ................................................................ .. ...... 25
Miele 19 - PENSION .............................. ,. ............................................................................. ,.,. ................. .... .......................................... .... 25
19.01 RRSP _ .......... -·-·-·-· _ ............ .... -·-· ..... ·-·-·-...... ........ .... -·-.. -·-.... .. -·-.. __ ............... .. __ ................................. .. .... 25
M.icJe. .20 .. PICKET LINE .............................................................................................. .._ .......................................... , ... ,.,. .......................... 25
20.01 LEGAL PICKET LINES .... .................... ... ........................................................ ... ..................... ................... 25
Article 21 • RIGHTS, PRMLEGES, AND WORKING CONDITIONS ............................................... 25
21.01 DEFIN~TION .-- ·-- ______ ·----· --·-- ___ ... --· --··-·-- ·-- ...... __ ...... ·--........ __ ... --·--................................. __ .......... ........ .............. 25
PageS
22.01 DEFINITION ......................................... ............................................................................................... ~ ................ *.26
22.02 INTERPRETATION ......................................... ...... ..................................................................................... 26
Article 23 .. GENERAL ............................................................................................................. * ............ _ ..................... _ ................. ~
23.02 PLURAL SHALL APPlY .......................................................................................................... ...... ...... ...... . 26
23.03 CC>f>JES OF AGREEMENT ............................................... ... ................................. .................................... 26
23.04 UNION EDOCATION ............................................................................... .. ................................ .................. 27
23.05 INCLEMeiT WEA Tl-fER ...................................... ..................................................................................... 27
23.06 ELECTRONlC MONITORING, SURVEILlANCE, EMPLOYEE CONFIOENTIAUTY .................... 27
Article 24 - 'TE-RM ...................................................... ··-· .......................................................... _ ........................................ 28
.APPENDIX "A•'- SALARY SCHEDULE •.•••••••••••••••••• ~~~ ................................................................................ 29
APPENDIX "'8'"- AUTHORIZATION FOR DUES CHECK~OFF .............................................. 30
APPENDIX PC" - LETTER OF UNDERSTANDING - FLEX TIME •••••••••••••• -······················· ..... 31
APPENDIX '"D" - LETTER OF UNDERSTANDING - STANDARD HOURS OF WORK FOR THE POSITION OF OFFICE SECRET.ARY ··· ~·········· ·· ................................................................... 32
APPENDIX "E" - LETTER OF UNDERSTANDING - EMPLOYER'S STRIKE COMMITTEE 33
APPENDIX .. F" - VIDEO DISPLAY TERMINALS ........................................................................... 34
APPENDIX "G"- PETTY. CASH .................... ............. .............................................. ,.,. ..... ,. ............................................................................. ...... 35
APPENDIX " H"-LETTER OF UNDERSTANDING - USE OF COMPUTERS AND ELECTRONIC MAIL4 •• ~ .... ~ . 4 .. .. .............. . 4 ... . ...... . ... .. .. ~ . . ... .. .... . .......... . ...... . ~ ., . , ... , . ..... . . ... . ~ ... , ...... . ................... .. ....... 36
APPENDIX "I" - LEITER Of UNDERSTANDING - HARASSMENT POUCY .. .. ................. 37
PotiCY STATE.MENT ..................... ......................................... ................. ... ...... ........ .. ........................................ 37
DE Fl NtTIONS ............... .. ...... ..... .... ....................................................................... ... .... ... .................. 37
R.ESPOOSIBIUTY ......................................................................................................................................................... 37
IMPlEMENTATlC>N ... ....... ...... ............... ..... .............. ....................................... ..... ... .. .................................. ................. 37
Pag.-6
NO DISCR.tMINATIONIHARASSMENT .................................................................................. .......................... 37
SEXUAL HARASSMENT ..................... ......................................................................................... .......................... 38
PERSONAL HARASSMENT ............................................................................................................................... 38
COMPLAJNT PROCEDURE ... ............................ .... .................................. .. ..... ..... ......................................... 38
APPENDIX" r · ~B DESCRIPTIONS .......................................................................... ~ ...... 4 .. . .................... ... .. ... ....................................... 40
APPENDIX "~- LETTER OF AGREEMENT ...................................................... .. ........................... 43
APPENDIX "L" - INCOME PROTECOON PlAN ................................. ............................................ 44
APPENDIX '"M"- Claim Fonn -Income Protection .................................. , ................................... 50
Letter of Understanding· Additional Vacation for Lee Dam in 201.2 ........................................ 52
Page7
PREAMBLE
a. This contract is between the Canadian Union of Public Employees, local 5167 (The Employer) and the members of the Canadian Office and Professional Employees Union Local 343 (the Employees). In order to remain true to its principles, the employer pledges its good faith towards and concern for the Employees and shall make every attempt to maintain harmonious, fair, and respectful relations .
b. The employer commits to maintaining a harassment free workplace and abiding by the Ontario Human Rights Code. All components of this agreement apply to same sex relationships and opposite sex relationships. See Appendix I.
ARTICLE 1 - SCOPE AND MANAGEMENT RIGHTS
1.01 SCOPE
a. The Canadian Office and Professional Employees Union ("COPE") is recognized as the exclusive bargaining agent with respect to all staff employed by CUPE local 5167, save and except those elected to full-time positions in Local 5167.
b. In the event the employer creates a new position during the life of this agreement, the employees shall be notified of the creation of the position in writing.
c. Should the Union change its name, affiliate or merge with any other union, or group of unions, preferably within the CLC, the resulting entity shall retain all privileges and rights of the former unions, and the existing collective agreements shall remain in force.
d . No employee shall be required or permitted to make any written or verbal agreement with the Employer or its representatives which conflicts with the terms of this Agreement.
1.02 MANAGEMENT RIGHTS
The Union recognizes that it is the function of the Employer to exercise the regular and customary function of Management and to direct the working forces of the Employer, subject to the terms of this Agreement. The Employer retains the right to determine the existence of vacant positions and the classification of vacant positions which are to be filled; to transfer staff; and to re-allocate work assignments. When making such changes, however, due consideration shall be given to the seniority of employees affected. It is understood that employees thus affected will be notified in advance of such changes. In administering this Agreement, the Employer shall act reasonably, fairly, in good faith, and in a manner consistent with the Agreement as a whole.
ARTICLE 2 - UNION RECOGNITION
2.01 TI!MPORARY EMPLOYEES
a. Temporary employees are defined as employees hired to carry out short-term jobs which require them to work the standard week, but who cease to be employed when the specific job for which they were hired has been completed. Temporary employees kept beyond two (2) months of continuous service shall be considered to have completed their probationary in case of permanent status, provided they have satisfactorily worked in the position for which they were hired, for a minimum of two (2) months. The Union shall be notified in writing within ten (1 0)
PageS
working days of the hiring of a temporary employee if the duration of employment is expected to go beyond three (3) months, and any subsequent change in position.
b. Temporary employees hired for six (6) months or less are covered by the terms of the Collective Agreement with the exception of the following articles:
• Seniority • Staff Changes • Vacation • Leave of Absence (except in accordance with the Employment Standards Act) • Employee Benefits
c. Temporary employees hired for more than six (6) months are covered by the terms of the Collective Agreement with the exception of the article on Seniority.
d. Temporary employees, and the Union, will be notified at the time of hiring of the approximate length of their employment.
e. Temporary employees who have worked at least three (3) consecutive months shall be given two (2) weeks' notice of lay-off or pay in lieu.
f. Temporary employees who have worked less than three (3) consecutive months shall be given one (1) week's notice of lay-off or pay in lieu.
g. Any temporary employee hired prior to November 181 in any year will not be laid off during the Christmas New Year's period unless notified in writin~, at the time of hiring, that the employee's assignment would terminate prior to or on December 17 .
Temporary Employees hired after November 151 and who are not terminated on or by December 1 yth shall receive the following holidays:
• Christmas Day • Boxing Day • New Years Day
h. The Employer shall issue a separate seniority list for temporary employees to the Union showing the date upon which each employee's service commenced with the Employer.
2.02 PART TIME EMPLOYEES
A part-time employee is one who is hired to work on a continuing basis less than the work week provided for in this Agreement. Part-time employees shall be included in all terms of this Agreement on a pro-rata basis.
2.03 BARGAINING UNIT
The Employer recognizes COPE, Local 343 as the sole collective bargaining agent for all its employees as defined in Article 1.01.
2.04 WORK OF THE BARGAINING UNIT
Persons who are not in the bargaining unit shall not perform work that should normally be performed by members of the bargaining unit, who are available and qualified to do the work.
2.05 RETENTION OF RIGHTS AND PRIVILEGES
Should the Employer merge, amalgamate or combine any of its departmental operations or functions with another organization, the Employer, through whatever merger Agreement might be involved,
Page9
agrees that all benefits and conditions of employment held by all employees and COPE, Local 343 and retirees shall be integrated and shall not be adversely affected.
2.06 RESOLUTIONS AND REPORTS OF THE EXECUTIVE BOARD
a. Copies of all changes in policies or rules and regulations adopted by the Employer, which affect the members of the Union, are to be forwarded to the Union.
b. Notwithstanding anything else in this Agreement, in cases where an established local, regional, provincial or national union ("the predecessor union") merges, affiliates, amalgamates or joins with CUPE 5167, and where such union has its own employees:
i) CUPE 5167 may hire such employees without having to go through the job posting procedure (Article 8), provided that the jobs they are hired for with CUPE 5167 are the same jobs they have been performing with the predecessor employer.
ii} Service/seniority of employees of the predecessor union hired by CUPE 5167 whether under i) above or otherwise, shall be considered as service/seniority with CUPE 5167.
ARTICLE 3- LABOUR~MANAGEMENT RELATIONS
3.01 NEGOTIATING COMMITTEE
The Employer will recognize a Negotiating Committee of up to four (4) members. No deductions shall be made from the salary of the employees for time spent in negotiations.
3.02 LABOUR MANAGEMENT COMMITTEE
The Labour-Management Committee shall be established and shall enjoy the full support of both parties to this Agreement in the interests of maximum service to the employees and the Employer. The Committee will meet within six (6) weeks of a request from either party. Each party shall notify the other of their representatives on the Labour-Management Committee.
3.03 LEAVE WITHOUT LOSS OF PAY FOR UNION ACTIVITIES
a. Subject to the requirements of the operation, the Employer will grant up to ten (10) days per year for attendance at COPE conventions and conferences; representation on provincial boards, federations, labour councils or committees; and presidential responsibilities (which may be taken in one-hour increments with a tally provided to the Employer monthly) (unit as a whole). The employer shall pay 50% of the costs of these leaves (pay and benefits).
b. In the case of arbitration, the grievor and a designated representative from the Union shall attend and not suffer any loss of pay or benefits.
c. All employees shall be granted two (2) hours per month to attend union meetings, without loss of pay or benefits.
d. Representatives of the Union required to leave their employment temporarily in order to carry out Union business with the Employer shall suffer no loss of pay for the time so spent.
e. Union leaves shall be granted upon request to the Recording Secretary, or designate but are subject to the employer fulfilling its bona fide operational needs. Within five (5) working days of receipt of the request for the leave, the decision shall be communicated in writing to the Union. Should the Employer fail to provide the decision within five (5) working days, the leave is automatically granted.
Page 10
ARTICLE 4- GRIEVANCE PROCEDURE
4.01 INTRODUCTION
a. It is agreed and understood that both parties recognized that the final resolve of the grievance should be undertaken without any undue delay. It is in the best interest of the Employer and the Union to bring about a better understanding of both parties' position on matters arising from the Collective Agreement.
Grievances must be filed in accordance with the following procedures within five (5) working days, or when the employee becomes aware of the occurrence. Otherwise they will not be accepted for processing.
b. When an employee has a grievance, the specifics of the grievance shall first be placed in writing by the steward.
c. Replies to grievances shall be in writing at all stages. The griever shall be copied on all replies.
4.02 PROCESS AND MEDIATION
Step 1: The grievance shall be forwarded to the Recording Secretary of the Employer or designate. Within ten (10) working days a meeting will be established between the President or designate and duly authorized representatives of the Union. A written decision shall be communicated to the Union and the griever within ten (10) working days of the meeting.
Step 2: The Union has thirty (30) calendar days failing settlement, to forward the grievance to arbitration, after which the grievance shall be considered abandoned provided that by mutual written consent of the parties, said meeting may be waived and the matter remitted directly to arbitration.
Mediation Prior to a grievance being forwarded to arbitration it shall be forwarded to a Grievance Mediation Process, provided both parties are in agreement. All costs associated with securing the services of a Grievance Mediator shall be borne equally between the Employer and the Union.
4.03 ATTENDANCE AT MEETINGS
The steward shall have the option of bringing the griever to the grievance meeting.
4.04 TYPE OF GRIEVANCE
The Union may file a grievance on behalf of one, a group, or all members within the same period.
4.05 ARBITRATION PROCESS
When a dispute arises in respect of any of the matters covered by this Agreement, including:
a. The interpretation, application or administration of this Agreement, or
b. whether a matter is arbitrable, or
c. when an allegation is made that this Agreement has been violated, and
If a satisfactory settlement cannot be reached the matter in dispute may be submitted by the Employer or the Union to Arbitration.
Page 11
Either of the parties to this Agreement may notify the other party in writing of its desire to submit the matter in dispute to arbitration. If the recipient of the notice and the party desiring the arbitration do not, within a period of ten (10) days after the receipt of the said notice agree upon a single arbitrator the appointment of a single arbitrator shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.
Any Arbitrator appointed shall have no jurisdiction to alter, modify or amend the collective agreement or make any decision that is inconsistent with the provisions of this Agreement.
The decision of the Arbitrator appointed pursuant to this Article is final and binding upon the Employer, the Union and any employee affected thereby.
The Employer and the Union shall share equally the cost of the arbitration proceedings and the Arbitrator.
4.06 REMEDY
Where an arbitrator finds that the Employer has violated the Agreement and such violation has resulted in loss of earnings for the employee or employees concerned, the arbitrator shall have the right to direct compensation of such employee or employees to the extent that is fair and equitable.
4.07 .JURISDICTION
The arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement.
4.08 TIME LIMIT EXTENTIONS
Whenever time limitations are provided in this Article, such limitations may be extended by the agreement of the parties or the arbitrator.
ARTICLE 5 - UNION SECURITY
5.01 UNION MEMBERSHIP
For the duration of this Agreement, all employees of the Employer shall be required to be and remain members of the Union in good standing, as a term and condition of continued employment. All new employees who shall be hired after the execution of this Agreement shall, immediately upon their hiring, make application for membership in the Union, shall join the Union and shall thereafter be required to remain members of the Union in good standing as a term and condition of continued employment. Union dues shall be deducted commencing the first pay period.
5.02 NEW EMPLOYEES
a. All new employees will be introduced to a Union steward or designate, for the purpose of acquainting them with the Union. The Union steward or designate shall be given an opportunity to meet with the new employee during regular working hours without loss of pay, for a maximum of thirty (30) minutes.
b. The Union shall be notified in writing within ten (10) working days of the hiring of any new employee, temporary or permanent, with copies of the correspondence to the union.
5.03 COPIES OF AGREEMENT
~c_, ?_, Pe .., · Page 12
On commencing employment, the Union steward or designate shall provide all new employees with a copy of the Collective Agreement.
5.04 BULLETIN BOARDS
The Employer shall provide bulletin boards for the exclusive use of the Union in all offices where two (2) or more employees are working. The Employer shall not interfere with the material posted by or on behalf of the Union on such bulletin boards. A separate bulletin board for Health and Safety issues shall also be provided.
5.05 PRINTING OF AGREEMENT
Copies of the Collective Agreement shall be provided to members within 90 days of ratification of the Collective Agreement. The Employer shall be responsible for printing the Collective Agreements.
ARTICLE 6 - CHECK OFF
6.01 UNION DUES
Upon receipt of authorization as required by law, the Employer agrees to deduct the amount authorized as union fees, dues and assessments, from each pay, and transmit the monies as collected to COPE Ontario, once a month, together with a list of employees for whom deductions were made.
ARTICLE 7 -SENIORITY
7.01 DEFINITION
Seniority, for both full-time and part-time employees, is defined as the date of hire with the Employer, CUPE Local 5167 and its predecessor Locals, Local 5 and Local167.
7.02 PROBATIONARY PERIOD
All new employees will be considered on a probationary period for the first sixty (60) days of their employment. If retained after the probationary period, an employee becomes a member of the regular working staff with full seniority status, dating from the first day of employment. However, in the case of an employee hired subsequent to a vacancy created by the transfer of an employee outside of the bargaining unit, such transferred employee may exercise their right to return to the bargaining unit as specified in Article 7.08. The former employee may be terminated regardless of the fact that the employee may have completed their sixty (60) days probationary period.
7.03 SENIORITY LIST
The Employer shall maintain a seniority list showing the date upon which each employee's service commenced with the Employer. An up-to-date seniority list shall be sent to all employees for their information each year.
7.04 NOTICE OF LAY-OFF
The Employer will notify the Union and. the employee at least seventy-five (75) calendar days in advance of any impending lay-off, and/or abolition of a position, except where employees are hired to work on special campaigns or assignments of limited duration. If the employee laid off has not had the opportunity to work seventy-five (75) days after notice of lay-off, the employee shall be paid in lieu of work for that part of the seventy-five (75) day period during which work was not available.
Page 13
7.05 LAY-OFF
a. Should the working staff be reduced, or should a job be abolished, lay-offs will be made on the basis of seniority and with regard to special qualifications, those with the least seniority being laid off first.
b. Both parties recognized that job security should increase in proportion to the length of service. If there is to be a reduction in the number of employees within the bargaining unit, the Employer will give the Union as much advance notice as possible and discussion will begin to determine what should be done with those employees whose positions become redundant. Employees shall be laid off in reverse order of seniority and shall be recalled in the order of their seniority provided they are qualified to perform the work. No new employees will be hired until those laid off have been given an opportunity of employment.
c. Employees affected may use their seniority to displace a less senior employee providing they can perform the normal requirements of the position. Displaced employees will, in turn, have the same right to use their seniority for the same purpose.
d. In the event of lay-offs, temporary employees will be laid off prior to any permanent employees.
7.06 LOSS OF SENIORITY
a. Employees shall not lose seniority if they are absent from work because of sick leave, long term absence, accident, lay-off, or leave of absence approved by the Employer (up to six (6) months). Such leaves may be extended by mutual agreement of the parties. Notwithstanding the foregoing, employees shall not lose seniority while on statutory pregnancy and/or parental leave.
b. Employees shall only lose their seniority in the event that they:
i. Are discharged for just cause and are not reinstated;
ii. Resign in writing and do not withdraw within forty-eight (48) hours;
iii. Fail to return to work within fifteen (15) calendar days following lay-off and after being notified by registered mail to do so, unless through sickness or other reasonable grounds. It shall be the responsibility of the employee to keep the Employer informed of their current address;
iv. Are laid off for a period of longer than one (1) year;
v. Leave of absence beyond one (1) year that is not extended by agreement of the parties.
7.07 CONFIRMATION OF STATUS
Upon completion of a probationary period, an employee will receive confirmation of their permanent status in writing from the Employer with a copy to the Steward.
7.08 TRANSFERS OUTSIDE THE BARGAINING UNIT
No employee shall be transferred to a position outside the bargaining unit without their consent. In the case where an employee is transferred outside the bargaining unit and the employee returns within six (6) months to the bargaining unit, the employee shall be placed in their original job.
Page 14
ARTICLE 8- STAFFING
8.01 .JOB DESCRIPTIONS
The job descriptions for all positions are Appendix "J" to this agreement.
8.02 REPORTING RELATIONSHIP
All employees are normally directed in day to day activities by the Recording Secretary of the Local. Notwithstanding this general responsibility, many elected officials, because of their responsibilities, may give direction to the employees. With the exception of the President acting in Recording Secretary's stead, it is understood that these other officials proceed through the Recording Secretary.
8.03 EMPLOYER/UNION RELATIONSHIP
Employees shall not involve themselves in the internal politics of CUPE Local 5167, nor shall any member of CUPE Local 5167 attempt to involve Employees in the internal politics of CUPE Local 5167.
The Employer shall not involve themselves in the internal politics of COPE Local 343, nor shall any member of the CUPE Local 5167 attempt to involve themselves in the internal politics of COPE Local 343.
8.04 .JOB POSTING
a. Notice of a permanent vacancy shall be posted within ten (1 0) working days of the vacancy in a prominent place at the Employer's main office. Employees shall have five (5) working days to apply for such a vacancy.
b. In selecting the successful applicant for vacancies or new positions, seniority shall be the determining factor provided the applicant possesses the required qualifications and sufficient ability to do the job.
8.05 PERFORMING DUTIES OF ANOTHER POSITION
In the event that an employee is required to perform the core duties of a higher rated position on a temporary basis, the employee shall receive the higher rate of the position from the first day of performing such duties.
ARTICLE 9- DISCHARGES, SUSPENSION AND DISCIPLINE
9.01 DISCIPLINE AND DISCHARGE
a.
b.
c.
The Union recognizes the right of the Employer to discharge or otherwise discipline employees for just cause. Employees who are subjected to any form of discipline shall have recourse to the grievance procedure.
There shall be no deduction of salary or benefits from an employee suspended for five (5) days or less on a first occasion until such time as any grievance arising from the suspension has been resolved.
The Employer affirms its commitment to the principle of progressive discipline and agrees that except in cases of extreme misconduct, discipline will proceed in stages, e.g. verbal warning, written warning, suspension(s), discharge, as appropriate. It is further understood that transfers will not be made for disciplinary purposes.
Page 15
9.02 COMPLAINTS
a. When any person or group of persons make written slanderous or derogatory statements pertaining to any member of COPE, the Recording Secretary shall immediately forward to the employee concerned, and the Union, in writing, a copy of such statements and their source, and shall advise if an investigation will be conducted. In the event the Employer initiates a disciplinary action, the employee shall be notified in writing by the Employer, with full disclosure of the reasons, grounds for action and/or penalty, with a copy to the Secretary of the Employer.
b. Any verbal complaint from any person or group of persons which will give rise to any disciplinary action against an employee must be put in writing by the complainant before any such disciplinary action is undertaken.
c. Any employee appearing before the Employer or Employer representative as a witness in an investigation may choose to be accompanied by a representative of the Union.
9.03 UNJUST SUSPENSION OR DISCHARGE
Should it be found upon investigation that an employee has been unjustly suspended, discharged or disciplined, such employee shall be immediately reinstated in their former position, without loss of seniority, and shall be compensated for all time lost in an amount equal to the employee's normal earnings, or by any other arrangement as to compensation which is just and equitable as agreed to by the parties or in the opinion of the arbitrator if the matter is referred to such arbitrator.
9.04 REPORTS
No adverse report of any kind shall be placed in the file of an employee unless a copy of the report is sent to the employee.
9.05 NOTICE OF INTERVIEW
The Employer agrees that wherever possible employees and the Union shall be notified at least one (1) full working day in advance of any interview of a disciplinary nature and to indicate:
a. The employee's right to be accompanied by a Union representative;
b. The purpose of the meeting, including whether it involves the employee's personnel record;
c. That if the employee's personnel record is to be considered during the interview, the employee and/or the Union representative shall have access before the meeting in accordance with Article 9.06.
9.06 PERSONNEL FILE
An employee's record will be automatically cleared of disciplinary measures after one (1) year, provided the employee maintains a clear discipline record during that year. An employee or designate has the right to examine their personnel record and copy any part thereof upon request provided a duly authorized representative of the Employer is present. A steward may examine the record on behalf of an employee provided the steward has written authorization from that employee to do so and provided a duly authorized representative of the Employer is present.
Page 16
9.07 VACATION CREDITS WHI!N DISCHARGED
Any employee discharged for cause shall be eligible for all their unused vacation entitlements.
ARTICLE 10- NOTICE OF RESIGNATION
10.01 RESIGNATION
Any permanent employee who voluntarily leaves the service of the Employer and, having given at least two (2) weeks' notice of their intention to leave, shall be entitled to receive from the Employer all accrued benefits, including vacation pay, etc.
ARTICLE 11 -WAGES AND ALLOWANCES
11 .01 WAGI!S
All employees shall be paid in accordance with the attached Appendix "A" which is part of this Agreement. For annual increment purposes, the anniversary date of an employee shall be the hiring date. In all cases of promotion the employee shall receive the wage of the higher classification in accordance with years of service.
11.02 SPI!CIAL QUALIFICATIONS
The salary for employees with special qualifications who merit a salary above the minimum rate of pay shall be mutually agreed upon between the Employer and the Union.
11 .03 PAY DAY
Employees shall be paid by Direct Deposit prior to the close of business on every second Thursday, on the same schedule as salaried employees in the City of Hamilton. Payroll information is to be submitted electronically to the Treasurer of the Employer no later than noon on the Friday prior to the pay week. In the event a payday falls on a Holiday the Employer will ensure that wages are deposited into employee accounts on the business day prior to the Holiday.
Payroll information submitted to the Employer's Treasurer will only include a generic employee number, hours of work, pay rate, gross pay and deductions and will only be sent to an authorized CUPE 5167 account. All other payroll information will remain on the Employer's server.
11.04 OVERTIME MEAL AND TRANSPORTATION ALLOWANCE
a. An employee, if required to work overtime two (2) hours or more before or after scheduled hours, shall be given a meal allowance of $7.00 and up to $1 0.00 for transportation with a receipt. If an employee is required to work after midnight the employee shall be given an additional meal allowance of $7.00.
b. An employee, if required to work overtime four (4) hours or more on a Saturday, Sunday or statutory holiday, shall be given a meal allowance of $7.00.
11.05 CHILD CARE COSTS
.lfll1 cope ':1 U 1
An employee working overtime which involves additional babysitter costs will be reimbursed $3.00 per hour per child to help defray such additional expenses, subject to the provision of receipts. Employees who are assigned to work out of town, or who participate on joint committees with the Employer, will be reimbursed for any additional receipted child care costs incurred beyond those for which the employee is normally responsible .
Page 17
11.06 EXPENSE ALLOWANCE
a. An employee requested to work a full day at special functions outside the employee's regular place of employment, or who attends day-long seminars or education courses with prior approval, related to the Employer's business, shall be paid a per diem allowance of $17.00.
b. Travel allowance shall be paid in accordance with the policy the Employer establishes for its members.
c. The Employer commits to not abusing the privilege of employee travel. In general, the Employer will only request travel on items requiring immediate attention.
d. An employee requested to travel outside normal hours on behalf of the Employer will receive payment of wages at straight time for travelling or taken as time off at straight time at a time mutually agreed to.
11.07 TRANSPORTATION ALLOWANCE/PARKING
All employees not using Employer-provided parking shall receive a monthly transportation allowance equal to the current rate charged for express bus fare in the City of Hamilton, subject to the provision of receipts. If employees are unable to park in the Employer~provided parking due to unavailability, employees will be reimbursed for any parking cost incurred upon submission of receipts to the Employer.
11.08 RETROACTIVE PAYMENT FOR TERMINATED EMPLOYEES
An employee who has retired or severed employment between the termination date of this Agreement and the effective date of the new Agreement shall receive the full retroactivity of any increase in wages, salaries or other benefits, provided the Employer has been given the current address.
11.09 WAGE INCREASES
The parties agree to the following wage increase during the term of this Collective Agreement:
a. 201 0: Retroactive to January 1, 2010 - 3%
b. 2011: Effective January 1, 2011 -A percentage equal to the wage increase received for 2011 by City of Hamilton Inside/Outside Employees upon ratification of their Collective Agreement.
c. 2012: Effective January 1, 2012 - A percentage equal to the wage increase received for 2012 by City of Hamilton Inside/Outside Employees upon ratification of their Collective Agreement.
Where ratification is delayed beyond January 151, 2011, the percentage increase will be paid
retroactively upon ratification.
ARTICLE 12- HOURS OF WORK
12.01 HOURS OF WORK
a.
b.
The standard hours of work for full-time employees shall be from 9 a.m. to 4:30p.m., Monday to Friday.
The standard hours of work for part~time employees shall be from 9 a.m. to 4:30 p.m. on days scheduled by the employer.
Page 18
c. All Employees shall be provided with an unpaid lunch of one-half hour as well as two fifteen minute paid breaks.
d. All Employees shall be entitled to the flex-time policy of the employer. Flex days are to be taken as approved by the Recording Secretary.
12.02 OVI!RTIME
a. It is not mandatory for any employee to perform overtime work.
b. Overtime shall be paid for all work performed in excess of 7 continuous hours. Continuous hours shall not be broken by unpaid meal periods.
c. Compensation shall be one and one half (1-1/2) times the employee's hourly rate.
d. Compensation shall be two (2) times the employee's hourly rate for all work performed in excess of 11 continuous hours.
e. Overtime shall also be paid for all work performed on Saturday or following the regular full-time working hours. Compensation shall be one and one half (1-1/2) times the employee's hourly rate.
f . All work performed on Sunday shall be compensated at two (2) times the employees' hourly rate.
g. Employees shall be paid for time spent on behalf of the Employer on their home telephone, as follows:
i. All long distance charges shall be reimbursed;
ii. The employee shall be paid their regular rate of pay for time spent:
• Up to 15 minutes- 15 minutes of pay; • Over 15 minutes and up to 30 minutes - 30 minutes of pay;
• Over 30 minutes and up to 45 minutes - 45 minutes of pay;
• Over 45 minutes and up to 60 minutes- 60 minutes of pay.
iii. Such time spent shall not be considered as time worked for the purpose of calculating overtime payment and shall be restricted to telephone calls with one of the Table Offteers of the Employer.
ARTICLE 13- VACATIONS
13.01 VACATIONS
a. The following is the vacation schedule for the employees, according to aggregate credited servioo:
1 yercr 2 weeks and 2 days
2yeas 31M3eks and 2 days
5yeas 41M3eks and 2 days
10~ 5weeks
14~ 5 weeks and 2 days
16 yeas 5 weeks and 3 days
18 yeas 5 weeks and 4 days
19 yeas 61N9eks
20 years 6 'NOOks and 1 day
23 years 6 weeks and 2 days
~cope . ., Page 19
26~
27 years
61J11eeks and 3 days
7weeks
b. Employees with less than one (1) year's service shall be entitled to take earned vacation, provided they have satisfactorily completed their probationary period. Such requests shall not be unjustly denied by the Employer.
c. A week's vacation shall mean the number of days an employee is regularly scheduled to work in a week and additional days will be calculated on a pro-rated basis based on the number of days an employee is regularly scheduled to work in a week.
13.02 HOLIDAYS DURING VACATION
If a holiday or holidays fall within the vacation period assigned to or chosen by an employee, the employee shall, in addition to their regular vacation pay, also receive an extra day's vacation in lieu of each holiday.
13.03 VACATION RELIEF
When employees are required to replace an employee in a higher classification for a period of at least one (1) continuous day, they shall be paid the rate of the higher classification.
13.04 ILLNESS OR BEREAVEMENT DURING VACATION
Where it can be established by the employee through a doctor's certificate that an illness or accident occurred, or where an employee qualifies for bereavement or any other approved leave during the employee's period of vacation, there shall be no deduction from vacation credits for such absence. The period of vacation so displaced shall either be added to the vacation or reinstated for use at a later date, at the employee's option, as mutually agreed.
13.05 VACATION PAY ON TERMINATION
If an employee leaves the employ of the Employer at any time in the employee's holiday year before the employee has had their holiday, the employee shall be entitled to payment of salary in lieu of holiday on a pro rata basis.
13.06 CASUAL LEAVE/EMERGENCY LEAVE
Employees entitled to fifteen (15) or more working days of vacation in any vacation year may take seven (7) of such days as casual leave, provided adequate notice has been given and the work requirements are such that it is practicable to do so.
13.07 CONSECUTIVE WEEKS
Employees shall be granted their vacation in consecutive weeks when requested.
13.08 VACATION USE AND ACCUMULATION
Long recognized is the fact that vacation should be taken as earned, so that a person can, through rest and relaxation away from the stress of the work site, re-establish an improved health and mental attitude. In order to clearly establish this principle as being a necessary approach to assure equal and uniform treatment for employees, the following procedures now must be followed;
a. All employees must, each year, schedule and take their vacation entitlement. The timing of vacation to be determined following full consultation with the Employer.
Page 20
b. Vacation entitlement may be carried over only when written permission is requested and allowed by the Employer and should be allowed only under extreme circumstances. Employees may carry a maximum of two (2) weeks' vacation and it must be taken in the carryover year.
13.09 PREFERENCE IN VACATION
Every effort will be made, subject to the requirements of the operation, to allow employees to take earned vacation at a time of their choice. Seniority shall be the deciding factor for employees wishing to take earned vacation providing the leave form is submitted before March 1st of each year for vacation leaves.
13.10 COMPUTING VACATION ENTITLEMENT
For the purpose of computing vacation entitlements, an employee who commences employment during the period from the 1st to the 15th of the month will receive credit for that month's service. Employees commencing employment from the 16th to the end of the month will be considered as commencing their service, for vacation purposes, on the first day of the following month.
13.11 CANCELLATION OF VACATION
When the Recording Secretary or designate makes it mandatory for an employee to cancel vacation, cancellation costs thus incurred shall be reimbursed by the Employer upon submission of receipts.
ARTICLE 14-STATUTORY HOLIDAYS
14.01 LIST OF HOLIDAYS
a. Employees shall be given the following holidays without deduction of pay: New Years Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Canada Day
b. Employees shall be given one floating holiday, to be known as the Heritage Day floating holiday, to be taken at a mutually agreed upon time.
14.02 HOLIDAYS FALLING ON WEEKEND
In the event that a holiday occurs on a Saturday or Sunday, the parties agree that they will designate the Holiday the same as the City of Hamilton.
ARTICLE 15- SICK LEAVE
15.01 DEFINITION
Sick leave means the period of-time an employee is permitted to be absent from work with pay in accordance with Appendix L, by virtue of being sick or disabled or because of an accident for which compensation is not payable under the Workers' Compensation Act.
Page 21
15.02 SHORT TERM INCOME PROTECTION PLAN
Short Term income protection coverage shall be provided in accordance with Appendix L attached and forming part of this collective agreement. The Employer shall pay the premium costs for the Short Term Income Protection Plan or the Employer may self-insure in accordance with the plan text attached as Appendix L.
15.03 LONG TERM DISABILITY
Long Term Disability coverage shall be provided in accordance with Appendix L attached and forming part of this collective agreement. The Employer shall pay the premium costs for the Long Term Disability Plan or shall self-insure in accordance with the plan text attached as Appendix L.
ARTICLE 16- LEAVE OF ABSENCE
16.01 BEREAVEMENT LEAVE
An employee shall be granted leave without loss of pay and benefits in the case of the death of:
a. Parent, spouse, common-law spouse, fiance(e), child, child of common-law spouse, former guardian, brother, sister, grandparent. grandchild, grandchild-in-law- five (5) working days.
b. Mother/Father-in-law, brother/sister-in-law, son/daughter-in-law, ward- three (3) working days.
c. Grandparent-in-law or co-worker- one (1) working day
d. Where the burial occurs out of town and the employee attends the funeral, such leave shall include, as well, reasonable travelling time, without pay.
e. An employee shall be granted leave of one (1) working day without pay in the case of the death of a person with whom the Employee has had a very close relationship. For extenuating circumstances, an employee may apply for extension of the leave without pay to the Recording Secretary or designate.
16.02 SPI!CIAL LEAVE
Other special instances where leave of absence without pay may be requested will be considered individually by the Employer. To ensure consistency in application the Recording Secretary will be responsible for confirming approval to applications made under this provision.
16.03 OBSI!RVANCE OF RELIGIOUS HOLIDAYS
The observance of religious holidays will be permitted and provision made for time necessary to attend religious services. The employee will notify the Recording Secretary or designate of such religious holidays.
16.04 LI!AVE FOR UNION ACTIVITIES
Employees shall be granted leave of absence without pay when delegated to perform necessary union activities. Such time shall not exceed twenty (20) days for the bargaining unit in any one (1) year. When such leave involves a period of one (1) week (five (5) working days) or more, the Employer will be provided with at least two (2) weeks advanced notice in writing. In all other instances, leave for union activities for periods of less than one (1) week's duration will be granted provided that the work requirements of the Employer permit it. The ten (10) days provided for in Article 3.03 are included in the above-mentioned twenty (20) days.
Page22
a. The Employer recognizes the rights of employees to participate in public affairs. Therefore, upon written request, the Employer will grant leave of absence without pay and loss of seniority so that employees may be candidates in a federal, provincial, or municipal election.
b. Any employee who is elected or selected for a full-time or part-time position with the Union, or anybody with which the Union is affiliated, or who is elected to public office, shall be granted leave of absence without pay and without loss of seniority, by the Employer, for a period of two (2) years subject to renewal on application to the Employer for successive periods of two (2) years each.
c. Upon written request to the Recording Secretary, and provided permission is granted, members representing COPE Local 343 on Provincial Boards, Federations, Labour Councils or serving on committees for the CLC or other labour organizations, shall receive time off without pay and without loss of seniority and benefits.
d. An employee returning from an approved leave of absence which permitted him/her to serve in a full-time elective public office or full-time elective office within a provincial federation of labour of the CLC shall be placed in the position occupied prior to the leave and in the office in which the employee worked prior to the leave provided that such position is vacant or filled temporarily and not permanently.
16.05 .JURY OR COURT WITNESS DUTY
The Employer shall grant a leave of absence without loss of seniority to an employee who is called as a juror or witness in any court. The Employer shall pay such an employee the difference between the normal earnings and the payment received for jury duty or subpoenaed witness, excluding payment for travelling, meals, or other expenses. The employee will present proof of service and the amount of pay received to the employer.
16.06 GENERAL LEAVE
The Employer shall grant leave of absence without pay and without Joss of seniority to any employee requesting such leave for good and sufficient cause, such request to be in writing and approved by the Employer, and in accordance with Article 7.06. Such approval shall not be withheld unjustly.
16.07 FAMILY LEAVE
a. Employees shall be allowed leave of absence with pay and without Joss of seniority for the following reasons:
b.
c.
Employee's marriage One (1) working day
Birth of employee's child
Emergency in one's home
Birth of a grandchild
Day of the birth and the day of the mother's return from the hospital
One (1) working day per year and, upon request, two (2) vacation days
Maximum of one (1) day per year to be taken within one (1) month of the birth
Any requests for family leave shall be made in writing to the Recording Secretary where possible, prior to the date the leave is requested.
Upon prior notification, wherever possible, an employee shall be allowed Parental Leave without pay for a maximum of seven (7) days per calendar year to attend to illnesses and responsibilities concerning their children, children of common-law spouse, dependent
Page23
grandchildren, and ward, which cannot be arranged outside of normal working hours. The leave of absence form submitted will give the reasons for the requested leave. This leave shall be non-cumulative and not subject to severance payment, if not used. This leave is not subject to a reduction of the employee's accumulated sick leave and shall not be used in less than one-hour increments for record-keeping purposes. An employee shall provide proof time claimed as the Employer may require, providing the Employer assumes such cost, where applicable.
d. A committee consisting of one (1) representative from the Employer and two (2) representatives from the Union shall be set up and establish guidelines for use of parental leave.
16.08 MATERNITY/PARENTAL LEAVE
Employees shall have the right to maternity and parental leave as prescribed in the Employment Standards Actfor the Province of Ontario.
16.09 TUITION AND TRAINING
a. In order to maintain and upgrade its services, it may be necessary for the Employer to arrange for the Employees to receive special training. The Recording Secretary shall approve training.
b. The employee shall be paid for any training received as well as any travel allowance required to arrive at the training site.
c. Training shall occur during the standard working hours.
d. In the event that training can only be taken after hours, course registration will be paid by the employee and reimbursed upon successful completion of the course. Employees shall be paid overtime for the time in the evening course that can only be taken in the evening.
16.10 SPECIAL STUDY LEAVE
Leave of absence without pay and without loss of seniority may be granted by mutual agreement for employees accepted to attend specialized courses or seminars.
ARTICLE 17 - HEALTH AND SAFETY
17.01 COMMITMENT
The Union and the Employer shall cooperate in continuing and perfecting operations which will afford adequate protection for all employees.
17.02 COMMITTEE
a.
b.
c.
The Employer and the Union shall establish a joint Health and Safety Committee in accordance with the provisions of the Ontario Occupational Health and Safety Act.
The Health and Safety Committee shall hold meetings as required and all unsafe, hazardous or dangerous conditions affecting staff shall be taken up and dealt with at such meetings. Such meetings shall take place at times mutually agreeable to both parties except in cases of emergency.
Health and Safety representatives will complete the CUPE Level 1 Health and Safety course as mandatory training, as well as be provided the opportunity for any programs related to the workplace.
Page24
17.03 EQUIPMENT
Employees shall be supplied with all the necessary tools, safety equipment and protective clothing.
17.04 INJURY AT WORK
a. The Union shall be notified immediately of each accident or injury requ1nng a Worker's Compensation Report. Upon request of the union, the Health and Safety Committee shall investigate and report as soon as possible on the nature and cause of the accident or injury.
b. An employee who is injured during working hours and is required to leave for treatment, or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay, unless a doctor states that the employee is fit for further work on that shift.
c. Transportation to the nearest physician or hospital for employees requiring medical care as a result of an accident shall be at the expense of the Employer.
ARTICLE 18 - EMPLOYEE BENEFITS
18.01 BENEFITS
The Employer will contribute to the employee's Health and Welfare benefits plan. The total Employer contribution shall not exceed sixteen percent (16%) of the employee's job rate. For clarity there shall not be any extra costs incurred by the Employer. The calculation of the sixteen percent ( 16%) will be based on the "job rate" of the classification not the individual holding the position.
The Union, in consultation with the Employer, can review the current Benefit Package to determine if they would like to improve, change or alter the Package in keeping within the financial guidelines of up to sixteen percent (16%).
ARTICLE 19 - PENSION
19.01 RRSP
The Employer shall contribute twelve (12) percent of the employees pay to an RRSP plan held by the employee. Six (6) percent of the employee's pay shall be deducted by the Employer for the employee's contribution to the RRSP. Both the Employer and employee RRSP contributions shall be payable to the employee's financial institution, on each regular pay day.
ARTICLE 20 - PICKET LINE
20.01 LEGAL PICKET LINES
In the event that any employees of the Employer, other than those covered by this Agreement, engage in a strike, or where employees in a labour dispute engage in a strike and maintain picket lines, the employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by the members of this Union shall not be considered a violation of this Agreement, nor shall it be grounds for disciplinary action. The Employer agrees that no Employee of the bargaining unit shall be required to cross any legal picket line. Failure to cross a picket line as described above shall not be cause for disciplinary action.
ARTICLE 21 - RIGHTS, PRIVILEGES AND WORKING CONDITIONS
21.01 DEFINITION
Page 25
All rights, benefits and working conditions which employees now enjoy as employees of the Employer shall continue to be enjoyed insofar as they are consistent with this Agreement, but may be modified by mutual agreement between the Employer and the Union. The Employer shall put all such changes in writing and fOIWard a copy to the Union Steward.
ARTICLE 22- NO DISCRIMINATION
22.01 DEFINITION
The Employer agrees that there shall be no discrimination, harassment, interference, restriction, or coercion exercised or practiced with respect to any employee in the matter of any rights or privileges under this Collective Agreement, including hiring, wage rates , training, upgrading, promotion, transfer, lay-off, recall, discipline, discharge or otherwise by reason of age, race, creed, colour, national origin, political, religious affiliation or activity, sex or marital status, sexual orientation, place of residence, disability, nor by reason of his/her membership or activity in the Union, or any other reason.
22.02 INT~RPRETATION
a. "Spouse" is defined as a person with whom the employee has a marital relationship, common-law heterosexual relationship, or same sex relationship of at least one (1) year's duration.
b. This definition shall apply to all Articles of this Agreement. It shall determine the definition of all other familial relationships referred to in this Agreement, including, but not restricted to, the definition of "child", which shall include the employee's spouse's child and the definition of "in-laws" which shall include equivalent relationships flowing from common-law or same sex relationships.
c. This definition is intended to ensure that, except where prohibited by federal and provincial laws, employees in same sex spousal relationships are treated in the same manner, in all respects , as employees in heterosexual relationships and that such employees and their families are accorded all the rights, privileges and benefits under this Agreement which are accorded to employees in heterosexual relationships and their families. Accordingly, any ambiguity in any part of this Agreement shall be interpreted within the spirit of this objective and so as to accomplish this end.
ARTICLE 23 - GENERAL
23.01 UNION LABEL
Work processed in the office of the Employer shall bear the COPE local 343 union label if such work is performed by a member of the Union.
23.02 PLURAL SHALL APPLY
For the purpose of clarification, it is understood that whenever the singular is used in this Collective Agreement, it shall be considered as if the plural has been used where the context of the party or parties hereto so require.
23.03 COPIES OF AGREEMENT
a . The Union and the Employer agree that each employee should be aware of the terms, rights and obligations contained in this collective agreement. For these reasons, the Employer agrees to:
Page 26
Submit to the Union a final copy of the Collective Agreement, along with any supplementary agreements, for formatting purposes within ninety (90) days of ratification by the parties;
ii Produce and distribute, at the Employer's expense, a copy of the Collective Agreement to every member within thirty (30) days of receipt of the Collective Agreement format; and,
iii All schedules herein referred to and/or attached to this Agreement are deemed to form an integral part of this Agreement.
23.04 UNION EDUCATION
The Employer shall contribute to a special fund of COPE Local 343 a sum of $2.00 per month per employee for the purpose of Union Education. The Employer further agrees that for the term of this agreement, the Employer shall pay for the registration for one (1) course per employee at any COPE sponsored school.
23.05 INCLEMENT WEATHER
Where the Employer authorizes employees to leave prior to the end of their regularly scheduled work day or not to report to work because of inclement weather, such employees shall not suffer any loss of salary or benefits.
23.06 ELECTRONIC MONITORING, SURVEILLANCE, EMPLOYEE CONFIDENTIALITY
a. Electronic monitoring and surveillance shall not be used for the purposes of individual work measurement of employees.
b. Surveillance cameras, any technology or systems capable of monitoring employees or their work and any other related equipment shall not be used in employee occupied areas without the knowledge of the employees in the area.
c.
At no time shall videotaping or any other form of electronic tracking or monitoring of employees, work output or attendance in or at a particular location be allowed for the purpose of random surveillance, audits or assessing discipline. At no time may such systems be used as a means to gather evidence in support of disciplinary measures. The Union shall be advised, in writing, of the location and purpose of all surveillance cameras and the reason for installation of such equipment.
The Employer shall not release any information to any person or agency about an employee with regard to any personal or work-related matter without the express written permission of the employee. In the event the Employer is required by law to disclose information of a personal or work related nature to a person or agency the Employer shall advise the employee forthwith of all particulars of such disclosure. Notwithstanding the foregoing the Employer may however choose to disclose information due to concerns for employee(s) safety. When the Employer uses technology that can identify employee's access, these records will not be released to any person or agency without the written permission of the Employee. The foregoing shall not apply in the case of arbitration.
Page 27
ARTICLE 24 -TERM .. ~
24.01 This agreement, signed on this 2 ~:/J day of fVl 4 (cl. . 20~ shall be effective from January 1, 2010 and shall remain in full force and effect until December 31, 2012 and shall automatically continue from year to year until either party serves written notice on the other party, thirty (30) days prior to any annual expiration date. During the negotiations for the renewal of this Agreement or negotiations for a new Agreement, the terms of the present Agreement shall remain in full force and effect.
For the Union
7'~-'i~ ~7/rf
Page28
APPENDIX "A•• SALARY SCHEDULE
Notwithstanding Schedule 'A" of the previous collective agreement, the parties agree that the following wage rates were deemed to be in effect on December 31 , 201 0 for the purpose of calculating a new wage grid. The new grid shall consist of a start rate and a job rate.
Job Title Start Rate Job Rate (1 year)
Administrative Assistant 2 (AA2) 26.476 30.077
Part Time Administrative Assistant 3 (AA3) 22.523 25.594
Full Time Bookkeeper 24.247 27.553
Effective January 1, 2011 - A percentage equal to the wage increase received for 2011 by City of Hamilton Inside/Outside Employees upon ratification of their Collective Agreement.
Effective January 1, 2012- A percentage equal to the wage increase received for 2012 by City of Hamilton Inside/Outside Employees upon ratification of their Collective Agreement.
Page 29
APPENDIX "B" ~AUTHORIZATION FOR DUES CHECK OFF
I, the undersigned, hereby authorize my Employer, The Canadian Union of Public Employees, Local 5167, to deduct from my wages each pay period my Union dues, fees and assessments, the amount thus deducted to be paid to the Treasurer of COPE Ontario.
Member's Signature
Date
Witness
Page 30
APPENDIX '"C"- LETTER OF UNDERSTANDING- FLEX TIME
Flex Time Policy and Procedures
For
The Canadian Office and Professional Employees Union, Local 343
The hours of work and related conditions shall be those prescribed by collective agreement of January 1, 2010 - December 31, 2012.
ELIGIBILITY: All employees who wish to participate on their regular days of work.
DETAILS: The operation of Flexible Work Hours must fit with the employer's needs to have work performed. Employees on Flexible Work Hours are expected to be at work when they are needed. Approved Flex Days can be cancelled due to operational needs. The Flex Time policy can be cancelled due to operational/employer needs.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Flex time banked must be used before Dec. 31 of each year. Special requests may be approved for carry over to the next year.
Banked Flex time can be used for the 3 Xmas shut down days.
Flex time must be banked before requesting a day. At special request flex time hours may be owed to ensure there is not a loss in pay.
Flex time cannot be banked during breaks or lunch time.
Only 1 banked flex day can be used per month. The exceptions are no flex time used for July and Aug, time can be banked. No banked flex time used in Dec other than for the shut down days.
Flex Time can be banked up to 1 hour before a shift and 1 hour after. Only 15 minutes or more is to be banked, at 15 minute accumulations.
Time keeping will be the responsibility of each individual.
Flex Time status must be charted on approved Flexible Work Arrangement Forms and attached to the time sheets for each pay period.
Flex Days granted must be charted on the year calendar in the officers office/1 51 VP's office by each individual granted a Flex Day.
Persons abusing the trust factor built into the Flex Policy guidelines will be required to work their formal fixed hours.
Page 31
APPENDIX "D'' - LETTER OF UNDERSTANDING -STANDARD HOURS OF
WORK
FOR THE POSITION OF OFFICE SECRETARY
For the position of Office Secretary the Standard Hours of Work shall be as follows:
the standard hours of work per day shall be 7.5 hours;
ii the daily hours of work shall be 9:00a.m. to 5:00 p.m., Monday to Thursday;
iii there shall be two fifteen minute rest periods, one in the morning and one in the afternoon;
It is understood that the above Standard Hours of Work for this position shall only be applicable while the current incumbent holds the position. At the time this position is no longer held by the current incumbent its standard hours of work shall be as set out in the Collective Agreement.
Page 32
APPENDIX ""E"" • LETTER OF UNDERSTANDING EMPLOYER'S
STRIKE COMMITTEE
In the event one or more of the Employer's bargaining units is on strike, the Employer commits that the work of its Strike Committee shall be for bona fide strike operations.
Page 33
APPENDIX ••f••- VIDEO DISPLAY TERMINALS
The use and policy regarding video display terminals shall be discussed as part of the Joint Health and Safety Committee.
Page 34
APPENDIX "G''- PErrY CASH
The Employer will provide the Union's Provincial Representative with a written statement of the policy regarding the Petty Cash handled by members of the Union.
Page35
APPENDIX ""H"- LETTER OF UNDERSTANDING
USE OF COMPUTERS AND ELECTRONIC MAIL
The Em player agrees that:
1. Issues relating to the use of computers and electronic mail by COPE local 343 members will be discussed on a regular basis at Labour/Management meetings.
2. No permanent employee shall be laid off, suffer a reduction in basic earnings or have their regular hours reduced by the Employer or be denied regular negotiated wage increases as a result of the implementation of new computers, systems, software or electronic mail. The overall level of skills and qualifications necessary to carry out the employees' duties will not deteriorate as a result of the introduction of new technology or systems.
3. As employees' duties evolve as a result of the introduction of new technology or systems, the Employer agrees to work with COPE local 343 to ensure that a challenging and meaningful work environment is maintained, in which employees are provided with work and responsibilities which require comparable or greater skills.
Page 36
APPENDIX ""I"'- LETTER OF UNDERSTANDING- HARASSMENT POLICY
POLICY STATEMENT
It is the policy of the Employer to prevent and resolve any employment related incidents of harassment. Every reasonable effort shall be made to ensure that no employee is subjected to any form of harassment. The Employer also endorses the concept that all employees have the right to be treated fairly in the workplace in an environment totally free of harassment.
DEFINITIONS
1. Personal Harassment: Any behaviour, whether overt or subtle, that is directed to any employee and considered by that employee to be offensive and may be related to any of the grounds of harassment and discrimination prohibit by the Canadian Human Rights Act, Ontario Human Rights Code or other applicable statues.
2. Sexual Harassment: Sexual harassment may be direct, as in the exploitation of a power position to gain sexual favours, or indirect - as in the negative stereotypes directed towards persons of a particular gender. It has many forms including but not limited to:
a. Intermittent or persistent unwanted sexual attention by a person who knows or who ought to know that such attention is unwanted;
b. Threats or promises by work or action which exploit a power relationship in order to obtain sexual favours;
c. Being made the brunt of sexual innuendo, jokes, comments on one's body, clothing or sexual orientation;
d. Sexual or gender-oriented commentary that has the effect of creating an intimidating, hostile, offensive work or learning environment;
e. Physical and/or sexual assault.
RESPONSIBILITY
It is the primary responsibility of the Employer to prevent, investigate and resolve complaints of harassment. The complaints are responsible to make their disapproval and/or unease known to the offender immediately and to report the incident to their supervisor. Should the supervisor be the offender, complainants are responsible to contact the President of the Employer's Local. Complaints may also be made to a Union official or representative.
IMPLEMENTATION
Complaints shall be conscientiously investigated and will be processed in a confidential manner. The name of a complainant and the circumstances related to the complaint will not be disclosed except where disclosure is necessary for the purpose of investigating the complaint or taking disciplinary measures. It should be noted that protection against such acts extends to their occurrence either at or away from the usual workplace, during or outside normal working hours, provided the acts may interfere in the employment relationship.
NO DISCRIMINATION/HARASSMENT
The Employer and the Union recognize the dignity and worth of each individual and seek to create a climate of understanding and mutual support in the workplace. The parties also understand that inappropriate work related behaviour outside the workplace and/or outside working hours may constitute harassment under this Article.
Page 37
As stated in Preamble B Article 22 of the Collective Agreement, there shall be no discrimination in the matters of age, race, creed, colour, nationality, ancestry, place of origin, political or religious affiliation, gender, sexual orientation or marital status.
SEXUAL HARASSMENT
The Employer recognizes the right of Employees to work in an environment free from sexual harassment.
Sexual harassment is unsolicited, one sided and coercive behaviour defined as: Any conduct, comment, gesture or contact of a sexual nature that is likely to cause offence or humiliation and which threatens an Employee's well being. Such conduct can be expressed in a number of ways, such as:
• Unnecessary touching or patting • Suggestive remarks or other verbal abuse • Demands for sexual favours • Leering and compromising invitations • Physical assault • Implied or actual threats to the victim or their job • Unwanted attention of a sexually oriented nature • Implied or expressed promise of reward for complying with a sexually oriented request • Implied or expressed threat of reprisal or actual reprisal for refusing to comply with a sexually oriented
request • Sexually oriented remarks of behaviour which may reasonably be perceived to create a negative
working environment.
PERSONAL HARASSMENT
Any discriminatory behaviour in the working environment which denies an individual their dignity or affects job security by creating an intimidating, offensive environment is considered personal harassment and will not be tolerated.
Personal harassment is defined but not limited to: • Ongoing condescending comments • Repeated offensive gestures or comments • Practical jokes which result in or cause embarrassment • Abuse of authority which undermines performance
An isolated insult or adverse comment does not constitute personal harassment. Normal exercise of supervisory responsibility including appropriate performance management, training and discipline DOES NOT constitute personal harassment.
COMPLAINT PROCEDURE
In the event an employee is of the belief that they are a victim of sexual or personal harassment the employee is encouraged to:
Make your disapproval and/or unease known to the harasser and request all offensive behaviour stop, or Discuss your concerns with an immediate supervisor, or Seek advice from a Union representative, or Within fifteen (15) working days of the alleged offence, initiate in writing, a formal complaint under this article. The Employee may choose a Union Representative to assist through this process. Complaints shall be submitted to the Employer.
Pending the determination of the complaint the Employer may take interim measures to separate the Employees concerned where possible, if deemed necessary.
Page 38
Where the complaint is determined to be of a frivolous, vindictive or vexatious nature, appropriate action may be taken. Such action shall only be for just cause and may be death with pursuant to the provisions of the Collective Agreement.
One or more of the following actions may apply as penalty for a substantiated case of harassment: • a written apology from the offender to the complainant assuring the offence will not be repeated; • a written reprimand to the offender from management to be kept in the offender's personnel file; • suspension; • discharge.
Under no circumstances shall the remedial action in a substantiated case of harassment penalize the complainant. Where the complainant or offender is not satisfied with the Employer's response, the complainant may within thirty (30) days initiate a grievance.
If the complainant reaches Arbitration, the decision rendered by the arbitration award shall be final and binding.
The Union and the Employer recognize the right of the complainant who is not satisfied with the decision of the Employer of the decision of the Arbitrator, to seek redress under the discrimination code of the Human Rights Act.
The complainant may, at any time during the above noted process, file a complaint with the Human Rights Commission.
Page 39
APPENDIX ".J" ---JOB DESCRIPTIONS
JOB TITLE: Administrative Assistant 2 (AA2)
WAGE GRADE: See Schedule
Duties:
Set up, type, proofread and process to completion correspondence, reports, forms and other documents as required, under supervisor's direction.
Prepare agenda and minutes for Executive Board and Membership Meetings . Ensure all items requiring follow-up are completed, under supervisor's direction.
Process grievances including entering in grievance database; filing with the employer; processing grievances through the grievance process as required. Prepare leaves of absence, file leaves with employers, complete records of leaves.
Receive incoming calls to the Local's offices, place outgoing calls, respond to general inquiries providing general information as appropriate.
Receive, process and distribute incoming mail; review correspondence and refer to appropriate person or initiate reply as required; process outgoing mail and courier deliveries as required.
Schedule and arrange meetings.
Prepare letters and correspondence such as correspondence to employers.
Monitor petty cash expenditures, maintain adequate receipts and records for accounting purposes and ensure that petty cash funds are replaced as necessary.
Coordinate registration, accommodation, and travel for conferences, schools, and convention, under supervisor's direction.
Maintain appropriate inventory of office supplies; receive and process invoices to Treasurer for payment. Ensure cheques are sent to appropriate suppliers for payment. Photocopy documents as required. Other duties as required related to the major functions of the job.
Qualifications: Grade Twelve Education plus three years experience in a responsible secretarial position. Ability to effectively establish priorities and meet deadlines while working in a high pressure work setting as demonstrated through experience in progressively responsible positions.
Knowledge of trade unions. Levels 1 , 2, and 3 of Microsoft Levels 1 and 2 of Microsoft Excel. Level 1 of Microsoft Access.
Word.
Page40
.JOB TITLE: Full Time Bookkeeper
WAGE GRADE: See Schedule
General Duties:
Reporting to the Treasurer, perform bookkeeping duties for the financial records of the union.
Duties:
Process invoices for payment and monitor and reconcile expenditure accounts using Simply Accounting and Excel.
Process billings, collections and all related receivable functions such as reconciliations and journal vouchers using Simply Accounting and Excel.
Coordinate the payable and receivable functions of the Local including payment schedules to meet monthly and contractual obligations with outside agencies, processing of invoices and receivables, cheque requisitions and journals.
Liaise with the Credit Union on behalf of the Treasurer and the Local. Complete the weekly credit union deposit and post to the General Ledger.
Assist the Treasurer with supplying the records and information to assist the Trustees. Maintain office equipment inventory.
Reconcile bank statements to the General Ledger and report all discrepancies to the Treasurer, on a monthly basis.
Maintain filing system for the Treasurer by ensuring that filing is kept up-to-date. Prepare out of date financial records for destruction.
Process travel and mileage claims and monitor expenditure accounts.
Perform other duties as assigned which are directly related to the responsibilities of this position and the business of the Local.
Qualifications:
Ontario Secondary School Diploma plus one year education in an accounting field or attain Level 1 CMA credits.
Must have strong bookkeeping and keyboarding skills. Must have excellent skills in Simply Accounting, Excel, Word, Access and Outlook. Must have knowledge of unions. Must have strong organizational skills. Previous experience in the routine operation of a business office.
Page 41
JOB TITLE: Part-Time Administrative Assistant (AA3)
WAGE GRADE: See Schedule
Duties: Prepare weekly mail out to members including preparing notices; coordinating mail out; delivering to City Hall.
Maintain and update internal mailing list for posting of notices.
Maintain accurate filing systems and orderly and updated reference materials, under supervisor's direction. Maintain up to date records.
Process grievances including entering in grievance database; filing with the employer; processing grievances through the grievance process as required.
Receive incoming calls to the Local's offices, place outgoing calls, respond to general inquiries providing general information as appropriate.
Receive, process and distribute incoming mail; review correspondence and refer to appropriate person or initiate reply as required; process outgoing mail and courier deliveries as required.
Prepare leaves of absence, file leaves with employers, complete records of leaves.
Prepare letters and correspondence such as correspondence to employers, under supervisor's directions.
Photocopy documents as required.
Other duties as required related to the major functions of the job.
Qualifications:
Grade Twelve Education plus one year experience in a responsible secretarial position. Ability to effectively establish priorities and meet deadlines while working in a high pressure work setting.
Knowledge of Trade Unions.
Levels 1, 2, and 3 of Microsoft Word. Levels 1 and 2 of Microsoft Excel. Levels 1 of Microsoft Access.
Page 42
APPENDIX "K''- LETTER OF AGREEMENT
LETTER OR AGREEMENT
BETWEEN CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL 5167
("THE EMPLOYER") AND
CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION LOCAL 343
("THE UNION")
Re: Sandra Galloway
The Employer will provide the terms of the income protection plan on a pro rata basis for Sandra Galloway as a part-time employee until such time as she severs her employment. No new employee who is hired part time shall be eligible to participate in the income protection plans provided in Article 15.02 and 15.03 and Appendix L.
Dated at Hamilton this 171h day of March 2010
For the Union
Page43
APPENDIX "L'' - INCOME PROTECTION PLAN
This Plan is comprised of two parts: Short Term Income Protection Plan Long Term income Protection Plan
1. INTRODUCTION TO INCOME PROTECTION PLAN
The following Plan is designed to provide the Employee with an income if they cannot perform their normal duties due to illness/non-occupational injury during both short and long term disabilities. This Plan replaces the Cumulative Sick Leave Allowances Program and is not intended to duplicate or replace the Workplace Safety and Insurance Board Benefits. Provision is included under the Short Term Income Protection Plan to "top up" awards from the Workplace Safety and Insurance Board from an Employee's cumulative sick leave plan credits to 100% of earnings. An Employee will be paid while they are disabled until the earlier of:
a. the Employee returns to work; or b. the Employee retires, either at the normal retirement age or opts to retire early; or c. the Employee exhausts their entitlements under either of the plans; or d. the Employee dies.
2. DEFINITIONS
Employee: For the purposes of this plan an Employee is one who is either full time nonunion or unionized and covered by a contractual union agreement which includes the Income Protection Plan and who has completed their probationary period.
New Employee: For the purposes of this plan a New Employee is one who has not completed their probationary period.
Short Term Disability: This is defined as a period of disability resulting from illness/nonoccupational injury as determined by a qualified medical practitioner, which prevents an Employee from attending their regular work and which extends for a period of not more than twenty-six (26) weeks.
Long Term Disability: This is defined as a period of disability resulting from illness/nonoccupational injury as determined by a qualified medical specialist, which prevents an Employee from attending work and which extends for a period of more than twenty-six (26) weeks.
Pay: For purposes of this Plan, a week's pay for hourly paid Employees shall be the basic hours worked per week multiplied by the Employee's standard rate per hour paid on a weekly basis, but shall not include any shift premium, overtime, or other increments.
3. COMMENCEMENT OF I.P.P.
Short-term coverage will apply to disabilities lasting up to twenty-six (26) weeks and pay wilt be continued in accordance with the following:
a. Employees shall be entitled to Short Term coverage as follows:
Page 44
b. From date of eligibility until completion of one year of service - 15 weeks at 66 2/3% pay.
c. Employees with one (1) or more years of service shall be entitled to short term income protection based on the following table:
i. Employees who have completed one full year of service shall have two (2) weeks entitlement to short-term income protection at 1 00% of pay and 24 weeks at 66 2/3% pay;
ii. Employees who have completed two years of service shall have three (3) weeks entitlement to short-term income protection at 1 00% of pay and 23 weeks at 66 2/3% pay;
iii. Employees who have completed three years of service shall have four (4) weeks entitlement to short-term income protection at 100% of pay and 22 weeks at 66 2/3% pay;
iv. Employees who have completed four years of service shall have five (5) weeks entitlement to short-term income protection at 100% of pay 21 weeks at 66 2/3% pay;
v. Employees who have completed five years of service shall have six (6) weeks entitlement to short-term income protection at 1 00% of pay and 20 weeks at 66 2/3% pay;
vi. Employees who have completed six years of service shall have seven (7) weeks entitlement to short-term income protection at 1 00% of pay; 19 weeks at 66 2/3% pay and thereafter in accordance with the preceding table until the 25th year.
vii. Employees who have completed twenty-five years of service or more shall have twenty-six weeks entitlement to short-term income protection at 1 00% of pay;
d. Absences extending for a time frame beyond that for which accrued 100% weeks are available are covered at 66 2/3% of pay.
e. Employees who currently have a higher number of weeks entitlement at 100% than the number of weeks entitlement noted above shall have their entitlement frozen at the higher level. Each Employee will be advised of the number of 100 % weeks entitlement they have within 30 days of ratification.
f. An Employee who is not present at work on becoming eligible for additional weeks shall have their entitlement increased following their return to work.
4. Where available, sick leave credits may be used to extend the payment of 100% weeks.
a. Payments from the previous-noted schedule will be made on the following basis with the provision that any absence due to illness/non-occupational injury will constitute an occasion:
from the first day of absence for the first three occasions of absence in a calendar year. ii from the second day of the fourth absence in the calendar year, and iii. from the third day of the fifth absence in the calendar year. iv. from the fourth day of the sixth and subsequent absences in the calendar year.
b. On consent of the Employer, Employees shall be given an opportunity to utilize existing lieu time or vacation credits, to replace the unpaid days as provided for in (ii), (iii) or (iv) above. Where the absence is supported with a medical certificate such consent will not be unreasonably withheld.
c. When an Employee can demonstrate to the Employer that they can only attend their physician as part of regular ongoing treatments during the day, the absences shall collectively constitute one occasion for the purposes of this plan. In order for this to occur,
Page45
the Employee must provide the Employer with documentation from their physician at the commencement of the ongoing treatment program, outlining the anticipated schedule for treatments, including dates when the series will likely commence and cease.
d. An Employee shall be provided up to two one-half (1/2) day absences for doctor appointments in any calendar year. These one-half (1/2) day absences shall not constitute an occasion for the purpose of this plan.
5. a. Payments will be made for a maximum of twenty-six (26) weeks during any one continuous period of disability.
i. Successive absences due to the same or a related cause will be considered as one continuous period of disability unless separated by return to active employment for a period of three (3) months.
ii. A disability due to a different cause will be considered a new period after a return to active employment for one month.
6. a. No benefits will be payable during a period of pregnancy leave of absence to which an Employee is entitled under the Employment Standards Act, or during any such longer period of pregnancy leave for which the Employee has applied and been approved by the Employer.
b. Short term disability payments will be offset by any disability benefits payable to the Employee from the Canada Pension Plan.
c. An Employee who is engaged in outside employment apart from their employment with Local 5167 is not entitled to any benefits under the provisions of the Short Term Income Protection Plan for any occupational injury or sickness sustained during such periods of outside employment.
d. The Employer will continue to pay benefits as long as the Employee remains qualified to receive STD or L TO benefits or until their 651
h birthday, whichever comes first. Where required payroll deduction for pension purposes will continue to be made from disability pay.
REGULATIONS
7. a. An employee shall, on the first day of illness/non-occupational injury, report or cause to report such illness/non-occupational injury to the Recording Secretary of Local 5167.
b. An Employee who fails to report on the first day that they are absent from work due to illness/non-occupational injury shall be considered as being absent without leave non-paid and is subject to appropriate disciplinary action up to and including termination.
c. An Employee whose illness/non-occupational injury extends to the sixth working day shall, on or before the sixth working day, file a claim form with the Recording Secretary of Local 5167. The cost for completion of the initial form shall be the responsibility of the employee. Provided the initial form was fully completed, costs associated with subsequent requests for additional medical forms or reports/information beyond the Short Term Disability claim form shall be at the expense of the Employer. Where the original form identifies a specific return to work date additional forms will not be required during that period unless there is a change in the expected return date.
d. Where the Recording Secretary of Local 5167 has reason to believe that absence of the employee was not due to illness/non-occupational injury, the Recording Secretary of Local 5167 may demand a claim form for one day of absence.
'•
e. An employee whose illness/non-occupational injury extends to fifteen (15) consecutive working days and a return to work date was not identified on the original form, shall, on the fifteenth (15th) day and for every subsequent fifteen (15) working days, file a claim form with the Recording Secretary of Local 5167.
f. An employee failing to file a claim form pursuant to Regulation (C) or Regulation (D) or Regulation (E) shall be considered as being absent without leave non-paid and is subject to appropriate disciplinary action up to and including termination.
g. For absences of 10 or more working days the Employee must provide a medical certificate stating the Employee is fit to return to work.
8 . Recording Secretary of Local 5167 a. shall keep a record of all sick leave and accumulated credits, and b. shall notify those responsible for payrolls, when an Employee is not, or has ceased to be,
eligible for sick leave benefits.
9. On retirement or death of an Employee the Recording Secretary of Local 5167 shall advise those responsible for payrolls of the number of days of cumulative sick leave standing to the credit of an employee at the date of their retirement or death.
LONG TERM DISABILITY PLAN
10. ELIGIBILITY
All permanent seniority Employees who are members of an eligible Employee group who have not attained age 65.
11 . EFFECTIVE DATE OF BENEFITS
Your coverage will become effective on your date of eligibility, provided you are actively at work on a full time basis. If you are not actively at work on the date insurance would normally commence, coverage will begin on your return to work full time for full pay.
12. LONG TERM DISABILITY BENEFIT
The Long Term Disability insurance provides income security should you become totally disabled prior to age 65 due to a sickness or injury which totally disables you over a long period of time. The Plan provides you with coverage on and off the job.
13. MONTHLY BENEFIT
Your monthly benefit is equal to 66 2/3% of your normal monthly earnings, which are defined as your base rate times the regular hours per week, and excludes overtime pay. This amount is reduced by an income payable to you as a result of your disability from any of the following sources:
a . Sick Pay from Local5167 b . Governmental disability benefits c . Canada or Quebec Pension Plan benefits (excluding benefits for dependents and automatic
adjustment due to Cost of Living Index while receiving benefit).
Page 47
14. COMMENCEMENT OF BENEFITS
The benefits commence six (6) months from the date that disability began, which shall include the period of payment under the terms of the Short Term Income Protection Plan. Proof of disability must be submitted within six (6) months following the Qualifying Period.
15. BENEFIT PERIOD
Following the Qualifying Period you will receive a monthly income until the earlier of: a. Attainment of age 65 b. Cessation of total disability c. Attainment of date of retirement d. Death
16. a. DEFINITION OF TOTAL DISABILITY
Total disability means that you are unable, because of sickness or accident, to perform the duties of your regular occupation. This definition applies for the first twenty-four (24) months of payments. After this time, the inability to perform any occupation for which you are reasonably fitted by training, education or experience will constitute total disability.
It is not required that you be confined to home, but you must be under the regular care of a physician.
It is specifically understood that L TO benefits are not payable in respect of any illness or injury for which Workplace Safety and Insurance Board benefits are payable.
b. RECURRENT DISABILITIES A recurrence of total disability due to the same or related causes will be treated as the same disability unless the member returned to work full time for more than:
i. 1 month if satisfying the qualifying period, or ii. 6 months if receiving the disability benefits.
17. REHABILITATIVE EMPLOYMENT If, during the first twenty-four (24) months of payments, you are able to engage in some work and earn some income, the Plan will continue to pay you on a reduced basis. The benefit amount will be reduced by 50% of the wages or earnings, which you receive from such employment during this twenty-four (24) month period.
Your income from all sources during this period of rehabilitative employment must not exceed 90% of your basic wages from your normal occupation immediately prior to your total disability.
18. WAIVER OF PREMIUM Premiums falling due within a period when benefits are payable are waived.
19. TERMINATION OF EMPLOYMENT Your Long Term Disability benefit terminates when you terminate your employment. If you are disabled at the time of termination you may still be eligible for Long Term Disability benefits in accordance with the provisions of the Plan.
20. EXCEPTIONS AND LIMITATIONS Benefits are not payable for the following:
a. A disability where you are not under continuing medical supervision and treatment; b. A disability caused by intentionally self-inflicted injuries or illness while sane, or self
inflicted injuries or illness while insane. c. A disability resulting from insurrection, war, service in the Armed Forces of any country, or
participation in a riot; d. Pregnancy related disabilities during any period you are on pregnancy leave of absence to
which you are entitled under applicable Provincial statutes or mutually agreed to by you and Local 5167;
e. Alcoholism, drug addiction or any mental condition connected therewith, unless the insured person is under active treatment in, or certified as being actively supervised by a rehabilitation centre or Provincially designated institution;
Page 48
•,
f. If your disability is due to a nervous, mental, psychological or emotional disorder, payments will not be made unless you are under the care of a registered specialist in psychiatry, or a doctor approved by a registered specialist in psychiatry.
21 . COST OF THE PLAN
The premiums, if any, will be paid in full by Local5167.
22. TAXABILITY OF BENEFITS
Because the premiums are paid or are deemed to be paid by, Local 5167 all benefit payments from the Plan during a period of disability are considered as taxable income.
23. CLAIMS
To make a Long Term Disability claim, obtain a claim form from the Recording Secretary for Local5167. Have your doctor complete the form and return it to the Recording Secretary for Local 5167.
In order to be eligible for payment, claims must be submitted no later than six (6) months following the Qualifying Period.
NOTES:
24. SICK LEAVE CREDITS
a. Sick leave credits presently accrued to existing permanent Employees shall be frozen as of the end of the month prior to the implementation of the I.P.P. and no further credits will be granted. The term "frozen" shall mean the number of days standing to the Employee's credit as of the date of the commencement of the Plan. The value will be that in effect on the date utilized.
b. The terms of the existing Cumulative Sick Leave Allowance Plan shall remain in effect, except as modified by this Plan.
c. An Employee may use any or all of their sick leave credits at current value to supplement benefits of the Short Term I.P.P.
d. An Employee may elect to supplement a Workplace Safety and Insurance Board award up to 100% of regular earnings.
e. The number of credits to be deducted from the Cumulative Sick Leave Allowances balance shall be pro-rated equal to the ratio of supplementary payments to regular earnings.
4Jcope ':1 ) 4 ,1. Pag e 49
CUPE Local5167
Fotward Completed Form to:
CUPE Local5167 Recording Secretary 818 King Street East Hamilton ON L8M 1B2 Phone: 905-522-0917 Fax: 905-522-4011
Personal information contained on this form is collected pursuant to all acts and regulations and will be used solely to determine eligibility for disability benefits and to evaluate work accommodation alternatives. Questions about this collection should be directed to the OJPE 5167 Recording Secretary or President.
AppendixM
COPE 343 Oaim Form- Income Protection Benefits
(Short Term Disability)
Instructions:
1. Please Print. 2. Part 1 to be completed by patient. 3. Part 2 to be completed by physician. 4. Any charge for completing this form is the patient's responsibility. 5. Following the claims decision, this document will become part of the
Emplo)ee's confidential health record separate from the Employee's personnel file.
6. Oaims Forms are required to be submined as per the Collective Agreement or otherwise as directed by the Employer.
7. Both Part 1 and 2 must be completed in...fu.U before S.T.D. payments can be authorized
8. Emplo)ee may be required to provide additional medical information where reasonably necessary to determine eligibility for disability or to
evaluate work accommodation alternatives.
PART 1- EMPLOYEE STATEMENT- TO BE OOMPLETED PRIOR TO SUBMITTING TO PHYSIOAN (PLEASE PRINT)
1. Name:
2. Start of Present Absence: (day/ month/year) Is This Absence a Result of a Workplace Accident/Incident?
[ ] Yes [ ] No
3. Occupation/Tide: Physical Effort Required: [ ] light [ ] moderate [ ] heavy
Employee Authorization:
The above information is accurate to the best of my knowledge, and I hereby authorize my physician to release the following and subsequent information to the OJPE 5167 Recording Secretary. 818 King Street East, Hamilton, ON L8M 1B2. Fax number905-522-4011 in respect to my claim for short term disability benefits.
I further agree to the recovery of sick benefits in the amount of 20% per pay cheque if it is found that the independent medical information provided does not support an absence from work.
Employee Signature: ------------ Date:--------------(day/ month! year)
Page 50
•
PART 2- ATTENDING PHYSIOAN'S STATEMENT- PLEASE PRINT
(incomplete information will result in the Employee being non-paid)
1. To the best of your knowledge indicate when symptoms first appeared or accident happened. (day/ month! year)
2. Is condition due to injury or sickness arising out of patients employment [ ] Yes [ ] No [ ] Unknown
3. Date of hospital in-patient admission (day/month/year) Date of Discharge (day/ month/ year)
4. Nature of treatment: Medication [ ] Surgery [ J Counselling [ ] Physical Rehabilitation [ J Other [ ]
If other or none, please explain:
5. a) If patient was referred to you, give name of referring physician
b) If }QU have referred patient to a specialist, give name(s) of physicians
6. a) Date of first visit during present period of absence from work (day/ month! year)
c) Were you actively supervising this patient's care during the full period? [ J No, comment in remarks
b) Date of latest attendance (day/ month/year)
[ J Yes, state frequency of visits [ ] Weekly [ ] Monthly [ ] Other (specif}?
7. a) To the best of my knowledge, indicate period patient has been unable to work at own occupation as a result of present condition From (day/month/year) To (day/month/year)
b) If still unable to work, give approx. date patient should be able to return OR the estimated number of weeks before possible return (day/ month! year)
8. The Employer has a proactive work accommodation policy. In light of your response to Part 2 No.7, above, is this Employee capable of performing their regular or modified duties at the present time?
[ ] No, (please provide explanation, e.g. nature of restrictions, limitations)
[ ] Modified Duties (please provide explanation, e.g. nature of restrictions, limitations)
[ ] Regular Duties
9. Restrictions and Limitations: Please provide details of the employees' restrictions and limitations as it pertains to their ability to work
10. Remarks: Please provide comments and further details which you feel would be helpful.
Name of Attending Physician (please print) Speciality
Address (number, street, city, province, postal code)
Telephone No.
Fax No.
Signature Date (day/ month! year)
CUPE Lllo:al5167- R.;-visc;d f(bru.:uy 21U2 - COPE 34J.
Page 51
Letter of Understanding between COPE 343 and CUPE Local 5167
Additional Vacation for Lee Dam in 2012
The parties agree that Lee Dam will be given her 1.5 days a specified in the Collective Agreement plus an
additional 3 days after completion of 6 months employment in 2012.
The regular vacation schedule as set out in the Collective Agreement will apply in subsequent years.
This Letter of Understanding is without precedent and prejudice.
Signed on March 15, 2012
Page 52
