23
COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and- LIUNA LOCAL 183 (hereinafter called the "Union") ARTICLE 1 - PURPOSE 1.1 All employees who are subject to the provisions of this Agreement are required to fulfil the objectives of the Society, including the compassionate and humane care of animals and to provide service to the Society, its members and donors in the care of animals in the custody of the Society. 1.2 The main purpose of this agreement is to establish and maintain working conditions, hours of work and salary with respect to employees covered by this agreement and to provide for a prompt and orderly method of settling grievances which might arise hereunder. 1.3 The Employee will endeavour to work together with the Society to assure the best possible servIce. ARTICLE 2 - SCOPE AND RECOGNITION 2.1 All employees of The Toronto Humane Society, working in the City of Toronto, Ontario, save and except the Head Veterinarian, Chief Veterinarian, supervisors and persons above the rank of supervisor, office, sales and clerical staff and students employed during the school summer vacation period. 2.2 The term "employee" or "employees" wherever herein used shall mean only those persons coming within the bargaining unit as defined above. Toronto Humane Society (2015-2018) Page 1

COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

COLLECTIVE AGREEMENT

BETWEEN

TORONTO HUMANE SOCIETY

(hereinafter called the "Employer")

-and-

LIUNA LOCAL 183

(hereinafter called the "Union")

ARTICLE 1 - PURPOSE

1.1 All employees who are subject to the provisions of this Agreement are required to fulfil

the objectives of the Society, including the compassionate and humane care of animals and

to provide service to the Society, its members and donors in the care of animals in the

custody of the Society.

1.2 The main purpose of this agreement is to establish and maintain working conditions, hours

of work and salary with respect to employees covered by this agreement and to provide for

a prompt and orderly method of settling grievances which might arise hereunder.

1.3 The Employee will endeavour to work together with the Society to assure the best possible

servIce.

ARTICLE 2 - SCOPE AND RECOGNITION

2.1 All employees of The Toronto Humane Society, working in the City of Toronto, Ontario,

save and except the Head Veterinarian, Chief Veterinarian, supervisors and persons above

the rank of supervisor, office, sales and clerical staff and students employed during the

school summer vacation period.

2.2 The term "employee" or "employees" wherever herein used shall mean only those persons

coming within the bargaining unit as defined above.

Toronto Humane Society (2015-2018) Page 1

Page 2: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

2.3 All reference to the male gender in this Agreement shall be read as applying to the female

gender where the context so requires.

2.4 No employee covered by this Collective Agreement, shall as a result of same

suffer and/or incur any loss or reduction in hours, wages or any other benefits

and/or conditions of employment monetary or otherwise for purposes of

benefit coverage, etc.

2.5 Employee Attendance at Staff Meetings

(a) Where an employee is directed by the Employer to attend a staff meeting, m-

service or a committee meeting during his/her regular working hours, the employee

shall be compensated at his/her regular hourly rate for the time spent in such

attendance (including their lunch and/or break times).

(b) Where an employee is directed by the Employer to attend a staff meeting, in­

service or committee meeting outside of normal working hours, he/she shall

be credited with equivalent time off at his/her basic rate of pay.

2.6 Membership in Professional and Allied Associations, Etc.

It is the responsibility of the Employee to obtain and maintain membership in those

licensing bodies, learned societies or associations as are necessary to maintain professional

standing, including but not limited to Veterinarian Technicians who must be registered

with and remain in good standing with the OVAT. Company to maintain present practice

regarding fees.

ARTICLE 3 - RELATIONSHIP

3.1 The Society and the Union each agree that there will be no intimidation, discrimination,

interference, restraint or coercion exercised or practiced by either of them or their

representatives or members because of an employee's membership or non-membership in

the Union or because of his activity or lack of activity in the Union.

3.2 The Union further agrees that there shall be no solicitation for membership or other Union

activities during working hours.

Toronto Humane Society (2015-2018) Page 2

Page 3: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

3.3 The Society and the Union agree that there shall be no discrimination against any

employees or excluded employees by the Society, the Union, or Union members, contrary

to the Ontario Human Rights Code.

3.4 The parties agree that their respective rights under this Collective Agreement shall be

determined on the basis of the express terms ofthe Collective Agreement and, in particular,

that past practice either before or after the existence of this Collective Agreement is not

relevant to a determination of either party's rights, privileges or duties or any other term or

condition of employment under this Agreement.

3.5 The Society may continue to use volunteers to perform unpaid work for the Society.

3.6 The Union agrees not to interfere in the election or selection ofthe Society'S Board or other

representatives.

3.7 The Employer agrees to provide the Union upon request an updated list of employees covered

by this Agreement, their classification, employee status and updated contact information

including addresses, phone numbers, etc.

ARTICLE 4 - MANAGEMENT RIGHTS

4.1 The Union recognizes and acknowledges that the management of the Society and its

facilities and direction of the working forces and volunteers are fixed exclusively in the

Society and without limiting the generality of the foregoing the Union acknowledges that

it is the exclusive function ofthe Society to:

(a) maintain order, discipline and efficiency and in connection therewith to make,

alter and enforce from time to time reasonable rules and regulations, policies

and practices to be observed by its employees, discipline or discharge

employees provided that a claim by an employee that has been discharged or

disciplined may be the subject of a grievance and dealt with as hereinafter

provided;

(b) select, hire, transfer, assign to shifts, promote, demote, classify, layoff, recall

employees or select employees for positions excluded from the bargaining unit;

Toronto Humane Society (2015-2018) Page 3

Page 4: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

(c) establish and administer tests for the purpose of assisting the Society in

detennining an employee's qualifications in job postings, and require medical

examinations;

(d) detennine the location of operations, and the expansion or curtailment of

operations, the direction of the working forces, schedules of operations, the

number of shifts; detennine the methods and processes to be employed, job

content, quality and quantity standards, the establishment of work or job

classifications; change, combine or abolish job classifications; detennine the

qualifications of an employee to perfonn any particular job; the nature oftools,

equipment and machinery used and to use new or improved methods,

machinery and equipment, change or discontinue existing tools, equipment,

machinery, methods of processes; decide on the number of employees needed

by the Society at any time, the number of hours to be worked, starting and

quitting times, when overtime shall be worked and require employees to work

overtime;

(e) have the sole and exclusive jurisdiction over all operations, buildings,

machinery, equipment, and the management and monitoring of employees and

the workplace.

4.2 The Society agrees that it will not exercise its functions in the manner inconsistent with

the express provisions of this Agreement and that the express provisions of this

Agreement constitute the only limitations upon the Society's rights.

4.3 Failure by the Society to exercise any of its management rights shall not be considered

as a waiver of abandonment of any such rights nor shall it preclude the Society from

exercising its rights in some other way.

4.4 Employer PoUcies

Employer policies shall be communicated and available to the employees

where applicable.

Toronto Humane Society (2015-2018) Page 4

Page 5: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

ARTICLE 5 - UNION SECURITY

5.1 The regular monthly Union dues shall, as a condition of employment, be deducted from

and checked-off from the wages of each employee employed in any position within the

bargaining unit described in Article 1 of this Agreement, commencing on the employee's

date of hire.

5.2 The Union agrees to advise the Society in writing the amount set as regular monthly dues.

The Society shall make such deductions from the pay due to the employees and shall forward

such deductions to the Secretary/Treasurer of the Union not later than the fifteenth (15th) day

of the month following the month in which the deductions were made.

5.3 The Society shall, when forwarding such dues, provide a list for the Secretary/Treasurer of

the Union, listing the names and corresponding Social Insurance Numbers of the

employees from whose pay such deductions have been made. On behalf of employees in

the bargaining unit, the Union consents to the disclosure of the information in this Article

by the Society.

5.4 The Union shall indemnify the Society from any claim which may arise from deductions

made pursuant to this Article.

ARTICLE 6 - REPRESENTATION

6.1 The Society acknowledges the right of the Union to appoint, elect or otherwise select two

(2) bargaining unit employees (one on the day shift and one on the afternoon shift) to

represent the Union as Shop Stewards for the purpose of representing employees in the

handling of complaints and grievances.

6.2 The Society shall be notified in writing by the Union of the names of the Union Stewards

and the Society shall not be required to recognize any Union Steward until it has been so

notified.

6.3 The Society agrees to provide a bulletin board, installed at a mutually acceptable location,

for the purpose of posting seniority lists and notices of Union business. All such notices

must be signed by a recognized representative of the Union, copies of which will be

provided to the Society for approval prior to posting.

Toronto Humane Society (2015-2018) Page 5

Page 6: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

6.4 It is agreed that the Union and the employees will not engage in Union activities during

working hours or hold unauthorized meetings at any time at the workplace of the Society.

6.5 Stewards shall be permanent Employees of the Society in the bargaining unit and shall

have successfully completed probation.

6.6 A Union Bargaining Committee will be elected or appointed consisting of not more than

three (3) members ofthe Union who have successfully completed the probationary period.

The Union will advise the Society of the bargaining Committee members.

6.7 The Union and the Society agree to share all incidental costs incurred during negotiations;

i. e., room rentals, etc.

6.8 No Individual Agreements

(a) No employee shall be compelled to or allowed to enter into any individual

contract or agreement with the Employer concerning the conditions of employment

varying the conditions of employment herein.

(b) Notwithstanding the above, the wage rates outlined in this Agreement are

minimum wage rates and they do not prevent the Employer from paying a higher

wage rate.

6.9 Right to Have Steward Present

An employee, who is subject to disciplinary action (i.e. written reprimands, suspension or

termination) that is to be recorded within the employee's Personnel File, shall have the right

to have a Steward to represent himlher at such meetings. It shall be the responsibility of

the Employer to contact the Steward and if one is not available the employee being

disciplined may request the presence of another co-worker at such meeting.

A Union Steward, who is subject to discipline, shall have the right to the presence of a

Union Representative or another officially appointed Union Steward.

This provision shall not apply to those discussions that are of an operational nature and do

not involve imposition of disciplinary action.

Toronto Humane Society (2015-2018) Page 6

Page 7: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

6.10 Harassment

(a) All employees have the right to work in an environment free from sexual harassment.

Sexual harassment will be grounds for the imposition of discipline pursuant to this

Agreement. Where an employee alleges that sexual harassment has occurred on the

job, the employee shall have the right to grieve under this Agreement.

(b) "Sexual harassment" means any unwelcome sexual advances, remarks or demands

for sexual favours of an unwelcome or physical nature, insulting or offensive

comments or conduct ofa sexual nature in compliance with Bill 168.

6.11 Health and Safety

(a) Employees shall report any work related accident/injury to his/her immediate

supervisor as soon as it occurs and follow through with all responsibilities outlined

in the Workplace Safety and Insurance Act.

(b) Employees returning from Sick leave must provide a cleared Fitness for Duty report

by a medical practitioner to ensure they are physically able to perform their duties

and maintain their safety at work.

6.12 Confidentiality

Employer and Employee/Union representative(s) who have access to information,

or are in possession of documentation pertaining to matters/incidents involving

harassment, shall hold such in strict confidence. This shall include refraining from

discussions or releasing information in any form, except as required by law or

required for the operation of the Shelter. In cases where the Employer provides the

Union representative(s) with the name(s) of witness(es) interviewed or names of

individuals referenced in the interview(s) with witness(es), the Union undertakes

not to disclose those name(s) to the member concerned.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.1 The purpose of this Article is to establish a procedure for the settlement of grievances.

For purposes of this Agreement, a grievance is defined as a complaint in respect of the

application, interpretation, administration or violation of a provision of the Collective

Toronto Humane Society (2015-2018) Page 7

Page 8: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

Agreement. A grievance may be filed by an employee, a group of employees (arising

from the same alleged violation of the Collective Agreement), the Union, or the Society.

For the purpose of this Article, "days" shall mean days, not including Saturday, Sunday,

or holidays.

7.2 Step 1

It is the mutual desire of the parties hereto that grievances of employees will be addressed

as quickly as possible. An employee may not file an individual or group grievance until

he has first discussed the complaint with a Supervisor. Complaints will be discussed with

the Supervisor within five (5) days ofthe event or action giving rise to the complaint.

Step 2

An employee may file a written grievance within five (5) days of the employee's discussion

with his Supervisor. The Society will provide the employee and Shop Steward with a

written reply to the grievance given within five (5) days of such meeting.

7.3 The Union and the Society shall also have the right to initiate a grievance at Step 2 within

five (5) days of the event or action giving rise to the grievance.

7.4 All decisions arrived at between the Society and the Union will be final and binding upon

the Society, the Union, and the employee or employees concerned.

7.5 In the event that a grievance is not filed or processed within the time limits under this

Agreement, the grievance will be considered abandoned.

7.6 Notwithstanding Article 7.2, a complaint pertaining to an improper pay rate or the

calculation of overtime, holiday or vacation pay, may be discussed with the employee's

Supervisor within ten (10) days of the receipt of the pay stub by the employee. The

remaining time limits in Article 7.2 shall thereafter apply. Only in respect of grievances

referenced in this Article, an Arbitrator may award damages retroactively to the date of the

breach of the Collective Agreement.

7.8 Probationary employees may only file grievances relating to an improper pay rate or the

calculation of overtime, holiday or vacation pay.

Toronto Humane Society (2015-2018) PageS

Page 9: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

ARTICLE 8 - ARBITRATION

8.1 Where a difference arises between the Employer and the Union relating to the

interpretation, application or administration of this Agreement, either of the parties may,

after duly exhausting the Grievance Procedure established by this Agreement, notify the

other party in writing of its desire to submit the matter to arbitration in accordance with the

Ontario Labour Relations Act. The Employer and the Union shall then endeavour to select

an impartial Arbitrator to hear evidence and argument and decide the grievance. If they

fail to agree upon such Arbitrator within ten (10) days of the receipt of such notice in

writing by the party to whom it is addressed, either party may then request the Minister of

Labour to appoint an Arbitrator. The Arbitrator so selected or appointed shall hear and

determine the dispute or allegation and shall issue his/her decision, which shall be final and

binding upon the parties and upon any employee affected by it. The Arbitrator shall not

have jurisdiction to entertain any grievance which has not been duly processed through the

Grievance Procedure. The Employer and the Union shall each pay one-half(Y2) of the fees

and disbursements of the Arbitrator.

8.2 The Arbitrator shall not have any authority to alter or amend in any way the provisions of

this Agreement; to give any decision inconsistent with or contrary to the terms and

conditions of this Agreement; or in any way to modify, add to or delete from any provision

of this Agreement.

8.3 It is also understood and agreed that any Arbitrator appointed pursuant to Section 46 ofthe

Ontario Labour Relations Act will be bound by the requirements of the Grievance and

arbitration procedure set out herein.

ARTICLE 9 - DISCHARGE AND DISCIPLINARY ACTION

9.1 A claim by an employee who has completed his probationary period that he has been

discharged or suspended, without just cause, shall be a proper subject for a grievance, if a

grievance is lodged in accordance with the Grievance Procedure.

9.2 Probationary employees may have their employment terminated at the sole discretion of the

Society and such termination shall not be the subject of a grievance unless the termination

was arbitrary, discriminatory or in bad faith.

Toronto Humane Society (2015-2018) Page 9

Page 10: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

9.3 All discipline on the employees file including discipline imposed prior to the existence of

the Collective Agreement may be considered by the society in determining the appropriate

penalty in respect of any misconduct by an employee. Discipline will be removed from

the employees file twelve (15) months after the imposition of discipline. In the event that

any pre-Collective Agreement discipline is to be relied upon by the Society, the Society

will be required to prove the appropriateness of any discipline on file as if the discipline

had been imposed at the Collective Agreement was in effect

9.4 Discharge for just cause shall be the specific penalty for the following offences:

(a) cruelty to or abuse of an animal in the Society's care;

(b) defamatory, slanderous or abusive behaviour (including the use of profanity)

towards volunteers, members, Board members, customers or other members of the

public;

(c) theft or misappropriation of Society property (including, in particular, narcotics or

other medication) or the intentional destruction of Society property.

(d) Breach of confidentiality.

9.5 Personnel File So long as the misconduct did not involve a violation oflaw or an issue constituting breach

oftrust. An employee or Union Representative, with the employee's written authority, shall

be entitled to view the employee's Personnel File once every twelve (12) months and access

to the employees Personnel File shall be provided within fourteen (14) calendar days ofthe

request. The viewing of such files shall take place at the Employer's Human Resources

Office, in conjunction and in accordance to 9.03 both parties agree that if such office is not

available an alternative office may be used to view said files.

ARTICLE 10 - STRIKES AND LOCKOUTS

10.1 In view of the orderly procedures established by this Agreement and provisions of the

Labour Relations Act, 1995, the Union agrees that there will be no strike, slowdown,

picketing by employees, work stoppage (either complete or partial) or other interruptions

Toronto Humane Society (2015-2018) Page 10

Page 11: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

or interference with operations during the term of this Agreement. The Society agrees that

there shall be no lockout by it during the term of the Agreement.

10.2 In the event that Employees engage in any of the activities described by paragraph 10.01

above, the Union and its representatives (including Stewards) will instruct the Employee

to cease such activity forthwith, return to work and perform their usual duties.

10.3 The words "strike" and "lockout" shall also have the meaning given to those words in the

Ontario Labour Relations Act, 1995, as amended from time to time.

ARTICLE 11 - SENIORITY

11.1 Newly hired employees shall serve a probationary period of one hundred and twenty (120)

calendar days and shall have no seniority rights during this period. Upon completion of

the probationary period, a new employee shall have his seniority dated back one hundred

and twenty (120) calendar days. During the probationary period an employee shall be

considered as being employed on a trial basis.

11.2 Seniority shall mean an employee's length of continuous service with the Society. An

employee shall maintain and accumulate seniority under the following conditions:

a) while he is actively at work for the Society after he has completed his probationary

period as set out in Article 11.1 above;

b) during a period when he is prevented from performing his work for the Society by

reason of injury arising out of and in the course of his employment for the Society

and for which he is receiving compensation under the provisions of the Workplace

Safety and Insurance Act, 1997.

11.3 The Society will consider the requirements ofthe affected classification, its operations, and

the knowledge, training, skill and ability of the employee to perform the normal required

work in determining which employee is to be laid off or recalled from layoff, and where

these are relatively equal the employee with the greatest seniority in the affected

classification will be the last to be laid off and conversely the first to be recalled from

layoff. For the purpose of this Article a layoff means a layoff for more than five (5) days.

Toronto Humane Society (2015-2018) Page 11

Page 12: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

11.4 Seniority lists will be supplied to the Union and posted on the bulletin board on January 1 st

of each year of this Agreement.

11.5 Seniority once established for an employee shall be forfeited and the employee's

employment shall be deemed to be terminated under the following conditions:

a) ifhe quits;

b) if he retires;

c) if he is discharged for just cause and not reinstated through the Grievance

Procedure;

d) if he fails to report for duty after a layoff or leave of absence in accordance with

the provisions of this Agreement;

e) if twelve (12) months or a period of time equivalent to the employee's seniority,

prior to layoff, whichever is less, have elapsed from the day oflayoff;

t) if he is absent from work for more than two (2) consecutively scheduled days

without notifying the Shelter Manager of the absence and providing an acceptable

reason for the absence;

g) if he is absent from work for more than two (2) consecutively scheduled days

without a reasonable excuse for the period of absence;

h) if the employee is absent due to illness or injury for a period of fifteen (15)

consecutive months, subject to the provisions of the Workplace Safety and

Insurance Act, 1997.

11.6 When recalling an employee after layoff, he shall be notified by registered mail or telegram

and allowed five (5) days from the date of the notice to report for work and, in the

meantime, if an employee is recalled and is not immediately available for work, other

employees may be recalled but will be temporarily employed until the recalled employee

reports within the five (5) day period as outlined. An employee to whom a registered letter

or telegram is sent in accordance with this Article must contact the Society within two (2)

Toronto Humane Society (2015-2018) Page 12

Page 13: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

days of receipt of the notice of return to work ifhe wishes the Society to hold the job open

for him for the full five (5) day period. It shall be the employee's responsibility to keep

the Society notified as to any change of his address or telephone number so that they will

be up to date at all times.

11.7 Any employees' return to work after sick leave will be conditional on his supplying, when

requested, a certificate from a physician that he is fully recovered from the sickness which

caused his absence and is capable of performing his regular duties. Before returning to

work, the employee must give notice to the Society of two (2) days if away more than one

(1) week.

ARTICLE 12 - JOB POSTING

12.1 When a new job classification is permanently created or additional employees are

permanentl y required in an existing job classification, the Society will post a notice of the

vacancy for a period of five (5) days on the Society bulletin board. The notice will specify

the nature of the job, the shift, qualifications required and the rate of pay. An employee

who wishes to be considered for the position so posted shall signify his desire by making

written application to the person designated on the posting within the five (5) day posting

period aforesaid.

12.2 In filling any posted vacancy under this Article, the Society will consider the requirements

of the operations and the skill, ability, and the qualifications of the individual to perform

the required work and, where these are relatively equal, seniority shall govern. If no

acceptable applications are received, the Society reserves the right to hire.

12.3 Any employee who has successfully bid under this Article shall not be entitled to bid on a

posted job for six (6) months from the date of his successful bid, except with the Society's

permISSIon.

12.4 The name of the successful applicant will be posted immediately on the bulletin board.

Toronto Humane Society (2015-2018) Page 13

Page 14: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

ARTICLE 13 - HEALTH & SAFETY

13.1 The Society and the Union agree that they mutually desire to maintain high standards of

safety and health in the workplace in order to prevent injury and illness. Accordingly, both

the Society and the Union agree to abide by all of the provisions of the Ontario

Occupational Health and Safety Act, as may be amended from time to time.

13.2 There shall be established a Joint Health and Safety Committee composed of two (2)

employees elected by the employees and two (2) representatives designated by the Society.

The Committee shall meet at least everyone (1) month.

13.3 All Employees shall provide to the employer, on an annual basis, evidence of completed

WHMIS training as required by OSHA. The Employer shall provide each employee with

two (2) hours of paid time to complete said training. The union shall provide said training

at the sole expense of the Union.

ARTICLE 14 - HOURS OF WORK AND OVERTIME

14.1 The following paragraphs and sections are intended to define the normal hours of work and

nothing herein shall be construed as a guarantee of hours of work per day or week or days

of work per week.

a) A normal work day shall be eight (8) hours per day including a half (~) hour paid

lunch or four (4) hours per day. This does not constitute a guarantee of hours per

day.

b) The normal work week shall be forty (40) hours per week or, for part-time

employees, twenty (20) hours per week. This does not constitute a guarantee as to

hours of work per week.

14.2 There shall be no duplicating or pyramiding of overtime pay and/or any other premium

under this Agreement.

14.3 Overtime shall be on a voluntary basis. However, if the Society is unable to secure

sufficient qualified volunteers in the bargaining unit, it may require the most junior

qualified employee to work.

Toronto Humane Society (2015-2018) Page 14

Page 15: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

14.4 Overtime shall be paid at the rate of one and one-half (1 112) times the employee's hourly

rate for all hours worked in excess of forty (40) hours in a week. Overtime will not be paid

unless it has been approved in writing by a Supervisor.

14.5 The Employer agrees to schedule all ACW' accordingly so that all employees may have

an opportunity to have a weekend off. In case of dispute seniority shall govern.

ARTICLE 15 - STATUTORY HOLIDAYS

15.1 Subject to Article 10.02, employees will receive the following holidays with pay calculated

in accordance with the Ontario Employment Standards Act, 2000:

New Year's Day

Family Day

Good Friday

Canada Day

Labour Day

Thanksgiving Day

Victoria Day Christmas Day

Boxing Day (December 26) Civic Day

15.2 The employee must have worked the regular scheduled shift of each of the working-days

immediately preceding and immediately following each of the noted holidays before

qualifying for Holiday Pay for any of the noted Statutory Holidays. The noted

requirements are not mandatory if an employee is prevented from working by illness or

any other reason acceptable to the Society.

15.3 An employee required by the Society to work on any ofthe above-noted Statutory Holidays

shall be paid at the rate of one and a half (1 ~) times the employee's regular hourly rate for

each hour worked in addition to any holiday paid to which the employee is entitled, as per

the Employment Standards Act, 2000.

ARTICLE 16-PAYMENTOFWAGES

16.1 Wages shall be paid by direct deposit. The Society shall provide with the wage cheque a

statement which defines hours worked, overtime hours, hourly rate (where applicable),

deductions for Income Tax, Employment Insurance, Canada Pension Plan, Union dues, etc.

Toronto Humane Society (2015-2018) Page 15

Page 16: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

16.2 Employees shall receive notice of layoff in accordance with the Ontario Employment

Standards Act, 2000.

16.3 The Society shall, within seventy-two (72) hours after discharging an employee, send by

registered mail, to the said employee's last known address on file, all outstanding:

Vacation Pay, Statutory Holiday remunerations and accumulated pay.

The Society shall within five (5) days after discharging an employee, file with Service

Canada their record of employment.

16.4 The Society shall, no later than the next regular pay following an employee's voluntarily

terminated employment, send by mail, to the employee's last known address on file, the

said employee's pay cheque.

ARTICLE 17 - JURY DUTY

17.1 The Society shall pay an employee who is required to serve as a juror or, on a matter

relating to the Society's business, a Crown witness, the difference between his normal

earnings and the payment he receives for jury service or as a Crown witness provided that

the employee:

(i) notifies the Society immediately of the employee's notification that he will be

required to attend court;

(ii) presents proof of service requiring the employee's attendance; and

(iii) presents proof of the amount of pay received for such notice.

ARTICLE 18 - PROTECTIVE CLOTHING

18.1 For protective clothing determined by the Society to be necessary, such clothing (including

rubber gloves) shall be provided to employees at no cost. Protective clothing provided

must be worn when on duty.

The Employer shall provide an allowance of one hundred and fifty ($150.00) for the

purchase of safety boots for maintenance workers once every three (3) years.

Toronto Humane Society (2015-2018) Page 16

Page 17: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

18.2 The Employer shall reimburse the employee, upon submission of proof of purchase, for

work wear (boots, jacket etc.) to be worn at work up to one hundred dollars ($100.00)

during the term of the contract. Employees must have completed the probationary period

to be eligible for reimbursement.

The employer shall provide three (3) sets of scrubs when an employee starts and then two

(2) sets every

ARTICLE 19 - LUNCH AND REST PERIODS

19.1 There shall be one (1) paid fifteen (15) minute rest period during each four (4) hour period

worked.

19.2 There shall be one-half ('h) hour paid lunch period which shall be scheduled during or

immediately following the employee's first five (5) hours of work.

ARTICLE 20 - CALL IN PAY

20.1 An employee who is called in to work outside his regularly scheduled hours shall be

provided a minimum of four (4) hours' work.

ARTICLE 21 - BEREAVEMENT LEAVE

21.1 In the event of a death in the immediate family of an employee covered by this Agreement,

the Company agrees to grant time-off and to make up the employee's regular pay

(computed at the employee's straight time rate and excluding shift or other premiums) for

any absence on regular working-days for which the employee is scheduled up to a

maximum of three (3) days consecutive and ending with the day of the funeral/service,

where such absence is for the purpose of attending the funeral or services. Immediate

family shall mean spouse, father, mother, brother, sister, child, grandfather, grandmother,

grandchild, mother-in-law or father-in law.

The employer shall allow one (1) day off to attend funeral services of aunts and uncles.

Bereavement leave must be taken on the day of the funeral service.

Toronto Humane Society (2015-2018) Page 17

Page 18: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

Employees taking bereavement leave shall provide to the employer a copy of the funeral

notice.

ARTICLE 22 - VACATION

22.1 Vacation will be earned and scheduled on a calendar year basis.

22.2 Employees will be entitled to vacation according to the following schedule:

a) Employees with less than one (1) year of service shall receive vacation pay

equal to four percent (4%) of their gross wages earned, as per the Employment

Standards Act 2000.

b) Employees with one (1) or more but less than three (3) years of service shall

receive ten (10) days of vacation with payor an amount equal to four percent

(4%) oftheir gross wages earned.

c) Employees with three (3) years of service or more but less than eight (8)years

of service shall receive fifteen (15) days of vacation with payor an amount

equal to six percent( 6%) of their total gross wages earned.

d) Employees with eight (8) years of service or more shall receive twenty (20)

days' vacation payor an amount equal to eight percent (8%) of their gross

wages earned.

22.3 Employees must take their vacation entitlement in the year it becomes due and shall not

be entitled to carryover vacation time from year to year.

22.4 Vacation must be taken at such times as are approved by the Society having regard to the

need to maintain an efficient operation. Employees may request one (1) weeks' vacation

in the first six (6) months of the year and one (1) weeks' vacation in the second six (6)

months of the calendar year. Where more than one employee in a classification wishes

vacation at the same time, available vacation will be scheduled in accordance with

seniority. Employees entitled to more than two (2) weeks' vacation may request the

additional vacation in either half of the calendar year.

Toronto Humane Society (2015-2018) Page 18

Page 19: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

22.5 Employees shall receive any outstanding vacation pay no later than the first regular pay

period following the termination of their employment.

22.6 Employees shall notify Employer in writing at the start of each calendar year should they

choose to have their vacation entitlement paid out as per above.

ARTICLE 23 - CLASSIFICATIONS AND RATES OF PAY

23.1 The classifications and rates of pay for employees covered by this Agreement shall be set

out in Schedule "A" to this Agreement.

ARTICLE 24 - EMPLOYEE AND HEALTH BENEFITS

24.1 (a) For non-probationary full-time employees, the Employer will pay one hundred

percent (100%) of the premium cost for single person coverage of the current

extended health care insurance plan. In case of layoff, the Employer will continue

benefit coverage for three (3) weeks following layoff.

(b) For non-probationary full-time employees, the Employee may elect to pay one

hundred percent (100%) of the premium cost for family coverage of the current

extended health care insurance plan. In case of layoff, the Employer will provide

the employee with the option to continue benefit coverage for three (3) weeks

following layoff at the sole cost of the employee. The current cost of these benefits

are $142.54 per month and are subject to increases or decreases as per supplier

charges.

(c) The employer will provide coverage for Mental Health under the EAP Plan

24.2 The benefit mentioned in this Article and the eligibility requirements and qualifying

periods shall be more particularly described and set forth in the respective plan document

or policy of insurance. It is understood that the Employer shall have the right to select the

carrier ofits choice in respect of the above benefit provided that in the event that the carrier

is changed an equivalent level of benefits will be maintained.

Toronto Humane Society (2015-2018) Page 19

Page 20: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

24.3 Any dispute over payment of benefits under the benefit plan or policy under this Collective

Agreement shall be adjusted between the employee and the insurer concerned and the

parties agree that such disputes are inarbitrable under this Agreement and shall not be

subject to the Arbitration Procedure of this Agreement.

ARTICLE 25 - RETIREMENT FUND

25.1 Retirement Fund

The Employer agrees to contribute five cents ($0.05) per hour from each employee covered

by this Agreement and remit into the Local 183 Retiree Benefit Trust Fund for the purpose

of purchasing benefits as contemplated by the Agreement and Trust establishing the said

Retiree Benefit Fund as follows:

The Employer shall remit the deducted contributions to the Retiree Benefit Fund monthly,

together with a duly completed Employer's Report Form by the fifteenth (15th) day of the

month following the month for which the payment is due.

ARTICLE 26- STATUS RENEWAL

26.1 The Employer agrees to cover all annual costs for dues related to keeping RVT

status up to date.

Toronto Humane Society (2015-2018) Page 20

Page 21: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

ARTICLE 27 - DURATION

27.1 Three (3) years, effective from September 2, 2015 to September 1,2018.

Dated at Toronto, Ontario this y\ \- day of January, 2016.

For the Toronto Humane Society For the LIUNA Local 183

Toronto Humane Society (2015-2018) Page 21

Page 22: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

SCHEDULE "A"

Waee Grid Effective September 1st, 2015

Grandfather"ed Employees (Hire date prior to September J st, 2015)

Job Title 2015 2016 2017

Registered Veterinarian Technician $22.84 $23.30 $23.76

Lead Technician $22.84 $23.30 $23.76

Hospital Co-Ordinator $22.84 $23.30 $23.76

Lab/Pharmacy $22.84 $23.30 $23.76

Veterinarian Assistant $16.07 $16.39 $16.72

Behaviour Specialist $13.75 $14.03 $14.31

Animal Care Workers $13.75 $14.03 $14.31

Maintenance Worker $13.75 $14.03 $14.31

Toronto Humane Society (2015-2018) Page 22

Page 23: COLLECTIVE AGREEMENT BETWEEN TORONTO HUMANE … Services/813-1890… · TORONTO HUMANE SOCIETY (hereinafter called the "Employer") -and-LIUNA LOCAL 183 ... relevant to a determination

Wage Grid Effective September 1st. 2015

Employees (Hu"e date after to September 1st, 2015)

Job Title Starting After first After Second

Rate Anniversar~ Anniversarr

Registered Veterinarian Technician $19.00 $21.38 $23.76

Lead Technician $19.00 $21.38 $23.76

Hospital Co-Ordinator $19.00 $21.38 $23.76

Lab/Pharmacy $19.00 $21.38 $23.76

Veterinarian Assistant $15.00 $16.39 $16.72

Behaviour Specialist $13.00 $14.03 $14.31

Animal Care Workers $13.00 $14.03 $14.31

Maintenance Worker $13.00 $14.03 $14.31

ARTICLE 2- BENEFITS

2.01 Benefits to be supplied as out lined at the meeting:

Drug Plan, Semi Coverage, Life Insurance, Dental ($750.00/year), Mental Health and

Optical. Amounts of coverage to be supplied by Employer.

Toronto Humane Society (2015-2018) Page 23