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THIS AGREEMENT made and entered into this 23rd of April, 2016
BETWEEN:
GDI SERVICES (CANADA) LP (First Canadian Place and Exchange Tower)
(hereinafter referred to as "the Employer")
-and-
LIUNA LOCAL 183
(hereinafter referred to as "the Union)
ARTICLE 1 - SCOPE AND RECOGNITION
1.01 This Agreement shall cover all employees of the Employer employed at First
Canadian Place and Exchange Tower in the City of Toronto, save and except persons above the
rank of working forepersons, and office staff.
1.02 The Employer agrees to recognize and bargain collectively and exclusively with
the Union for all employees of the Employer as defined in Article 1.01 above.
1.03 Students may be hired during the Peak Period for vacation-coverage purposes.
Notwithstanding the above, students may be hired to perform bargaining unit work
in cases of WSIB or illness; bargaining unit members have first right of refusal to perform the
available work.
In all cases of students being employed, subclause 2.03 applies.
Six (6) months' probation period.
Work assignment for students is at the Employer's discretion.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 1
ARTICLE 2 -UNION SECURITY
2.01 All employees of the Company who are members of the Union on the effective date
of this Agreement shall remain members of the Union as a condition of continued employment.
2.02 All employees of the Company who are hired after the effective date of this
Agreement shall be required to become and remain members of the Union as a condition of
continued employment.
2.03 The Employer shall deduct from every employee any dues, initiation fees or
assessments levied by the Union on its members.
2.04 The Union shall indemnify and hold harmless the Employer against any and all
liability which may arise by reason of the check-off by the Employer of dues in accordance with
this Agreement.
2.05 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.
2.06 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.
ARTICLE 3 -UNION DUES
3.01 During the term of this Agreement, the Employer agrees to deduct, on the first pay
day of each calendar month, regular monthly Union dues as certified by the Union and to remit the
amount so deducted to the authorized Representative ofthe Union.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 2
3.02 Dues deductions shall be forwarded to the Union no later than the fifteenth (151h)
of the month following the month for which the dues were deducted, together with a list of the
names and Social Insurance Numbers of those employees for whom deductions have been made.
Instances where dues have not been deducted from an employee, the reason - eg.
leave of absence - shall be stated.
3.03 The Employer will send to the Union within a week of their hiring, the names,
addresses and telephone numbers, classifications and floor numbers where applicable, of new
employees.
ARTICLE 4- MANAGEMENT FUNCTIONS
4.01 The Union understands and agrees to recognize that the function of the operation
shall continue to rest with the Employer. The exercise of these functions shall not be in conflict
with the terms of this Agreement. These functions include, but are not limited to the hiring and
directing of working forces, the determination of the number of employees required to fill the
various job classifications, the right to promote, demote, transfer, discipline, suspend and discharge
employees for just cause; the determination of the qualifications of an employee to perform work;
the Company's right to select and implement the type, quantity, methods and processes and means
of operating; the making, publication and enforcement of reasonable rules for the promotion of
safety, efficiency and discipline and for the protection of the employees and Employer.
4.02 Employer Policies
Employer policies shall be posted and available to the employees where applicable, a copy
shall be sent to the union.
4.03 The Employer agrees to provide the Union twice per year (June/Nov P1) an
updated list of employees covered by this Agreement, their classification, employee status and
updated contact information including addresses, phone numbers, etc.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page3
ARTICLE 5 - NO STRIKES OR LOCK-OUTS
5.01 The Union agrees that there will be no strikes and the Employer agrees that there
will be no lock-out as defined in the Ontario Labour Relations Act during the term of this
Agreement.
ARTICLE 6- UNION REPRESENTATION AND ACTIVITY
6.01 The Union shall notify the Employer of the names of Stewards. The Union will be
entitled to seven (7) Stewards for the bargaining unit.
The Union recognizes that the Steward is an employee of the Employer, and that
he/she will not leave his/her work during working-hours except to perform his/her duties under
this Agreement.
It is understood that no more than one (1) Steward will represent an employee at
one (1) time.
When a Steward employed by the Employer is temporarily absent with permission
for the purpose of processing grievances, he/she shall receive his/her regular straight-time rate-of
pay during each period of absence.
6.02 At any further negotiations for the renewal of this Agreement, the bargaining
committee will be represented by up to five (5) employees from the bargaining unit.
Any time lost due to negotiations shall not be considered an absence for the purpose
of Article 20.02.
6.03 The Employer will grant leaves of absence without pay and without loss of seniority
to employees to attend Union conventions, conferences or seminars. Such leaves of absence will
be requested in writing. There will be only one (1) employee absent at any one (1) time from the
day shift, and there will be only three (3) employees absent at any one (1) time from the entire
night shift. However, all night shift Stewards may be absent at one (1) time for one and one-half
(1 Yz) hours per month for Union business.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 4
6.04 The Employer shall provide bulletin boards for the use of the Union at locker
rooms, or other appropriate locations as the parties may agree from time-to-time, upon which the
Union shall have the right to post notices.
6.05 The Union recognizes that the Employer does not have space on the premises for
the Union to hold meetings or for other uses.
The Employer will use its best efforts to facilitate the Union Representative's access
to the premises for the investigation and settlement of grievances, for the distribution of Union
materials and for Union meetings.
It is understood that the foregoing rights may have to be limited in accordance with
the building's security requirements.
6.06 No Individual Agreements
6.07
(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.
Rigbt 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 him/her at such meetings. The Employer agrees that the
Steward shall be notified in advance of the purpose of such meeting. 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.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page5
This provision shall not apply to those discussions that are of an operational
nature and do not involve imposition of disciplinary action.
6.08 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 of a sexual nature.
6.09 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.
ARTICLE 7- DISCRIMINATION
7.01 There shall be no discrimination, intimidation or coercion by the Employer or the
Union or its members against any employee. Discrimination shall mean discrimination because
of sex, age, race, colour, creed, national origin, Union activity or physical handicap.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.01 A grievance shall be defined as any reasonable difference ansmg out of the
interpretation, application, administration or alleged violation of the Collective Agreement.
GDJ Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 6
8.02 A grievance should be brought to the attention of the employee's immediate
supervisor within fifteen (15) days after the employee became aware of the circumstances giving
rise thereto.
Grievances shall be dealt with in the following manner:
a)
b)
c)
Step 1. The employee or group of employees may, with the
assistance of his/her Steward, submit a written grievance to his/her
immediate supervisor, who shall render his/her decision within five (5)
working -days;
Step 2. Failing satisfactory settlement at Step 1, the grievance may
be submitted to the manager who shall reply in writing within five (5)
working-days after receipt of the grievance;
Step 3. Failing satisfactory settlement at Step 2, the Steward, the
Chief Steward, the grievor and the Union's Representative and advisor shall
meet with representatives of Management within eight (8) working-days, or
at a time mutually agreed upon, to discuss the grievance. The Employer
will schedule grievance meetings during the grievor's working-hours.
If the grievance is not settled within five (5) working-days, it may be referred to
arbitration as hereinafter provided.
8.03 The Union or the Employer may initiate a grievance beginning at Step 2 of the
Grievance Procedure.
8.04 No grievance shall be defeated or denied by any formal or technical objection. An
Arbitrator shall have the power to allow all necessary amendments to the grievance and the power
to waive formal procedural irregularities in the processing of a grievance, in order to determine
the real matter in dispute and to render a decision which he/she deems just and equitable.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 7
8.05 For the purpose of this Article, working-days shall not include Saturdays, Sundays
and Holidays.
ARTICLE 9 - DISCHARGE, SUSPENSION AND DISCIPLINE
9.01 An employee who has completed his/her forty-five (45) working-day probation
period may be dismissed, but only for just cause, and only upon the authority of the Employer, as
defined in this Agreement.
Prior to the imposition of discipline or discharge an employee shall be given the reason in the
presence of his/her Steward if the Steward is present in the building.
9.02 An employee who is discharged or suspended may file a grievance at Step 3 of the
Grievance Procedure within five (5) working-days after such discharge or suspension.
9.03 The Union shall receive copies of all disciplinary letters presented to employees.
9.04 (a) When one (1) year or more has elapsed from the date of any discipline, such
discipline will be considered null and void, and will not be used against the
employee in the future.
(b) The misconduct did not involve a violation of law or an Issue constituting
breach of trust.
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 of the request. The viewing
of such files shall take place at the Employer's Human Resources Office, at their own time
9.05 The parties recognize that it is occasionally necessary to require employees to work
a portion of a shift in a different work area. On such occasions the employee involved may not be
able to clean his/her work area to the normal standard. Therefore, the parties agree that any
complaints regarding the nature of the cleaning on such occasions will be considered with this
transfer in mind before any discipline is imposed.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page8
9.06 Lateness
Following a verbal or written warning for lateness, if an employee is timely during
a one (1) month period, then the previous warnings shall be removed from the employee's file.
Employees shall be allowed a six ( 6) minute grace period after their shift starts and
shall not be disciplined for lateness if punching-in within this grace period.
* Excessive lateness may result in disciplinary action.
9.07 Without limiting the generality of the foregoing, the parties agree that the following
offences will normally be considered just cause for immediate discharge, and should only be
modified by an Arbitrator where the Company is unable to prove the incident which resulted in
discharge:
a) threatening physical harm with a weapon, or using weapon to physically harm
another person;
b) theft, falsifying time records;
c) sabotage;
d) physical assault on the Employer or Employer Representative or on another
employee;
e) possession of or use of illegal drugs, or the improper use of prescription drugs;
being under the influence of alcohol or drugs when reporting for work or during
working-hours;
f) working elsewhere while on an authorized leave of absence, Workers'
Compensation claim or medical leave, without the written permission of the
Employer.
The parties agree that if an Arbitrator should find that any employee so affected
violated any of the foregoing rules he shall have no power to amend the penalty imposed.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 9
9.08 The following conduct on the part of an employee may be cause for progressive
discipline up to and including discharge from the employment of the Company:
1. Providing or using incorrect personal information and identification documents.
2. Being under the influence of alcohol or drugs while on duty.
3. Harassment of any kind what-so-ever.
4. Opening desks, file cabinets, lockers, refrigerators, etc., m your place of
employment for ANY reason.
Note: This is private property.
5. Removing anything from your place of work, regardless of where you may find it,
even if it is in a wastebasket, garbage can or bag, without written authorization from
Management.
6. Failure to report to your Supervisor any breakage or damage of client's property
immediately.
7. Failure to sign-in or -out with your signature, or go sign-in or -out showing time
other than the exact time of signing.
8. Failure to inform your Supervisor ofyour intention to take time-off[at least two (2)
hours prior to beginning of your shift].
9. Making long distance telephone calls from client's offices. The cost of these calls
will be deducted from your final pay cheque.
10. Eating food or drinking beverages that belong to the client unless authorized.
11. Sleeping on the job during working-hours.
12. Leaving your job site before your scheduled shift end without permission from
Management.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 10
13. Smoking in a Non-Smoking area.
14. Solicitation or performance of work not authorized by Sanitary Maintenance
Systems.
15. Contacting a client to discuss a personal or performance issue.
16. Entering an unauthorized area.
17. Leaving any door or areas unsecured. Even while you are working the doors must
be kept locked at all times.
18. Permitting access to ANYONE to any and all areas ofthe workplace.
19. Falsification of time records.
20. Theft of the property of the Employer, fellow employee, or clients/tenants.
ARTICLE 10- ARBITRATION
10.01 In the event that a Grievance is not settled at the 3rd Step of the Grievance
Procedure, either party may notify the other in writing of its desire to submit the difference or
allegation to arbitration. The notice shall contain the name of the party's appointee to an
Arbitration Board and shall be delivered to the other within five (5) working-days of the reply
under Step 3. The recipient party shall, within five (5) working-days, advise the other of the name
of its appointee to the Arbitration Board.
10.02 The two (2) appointees so selected shall, within fifteen (15) working-days of the
appointment of the second of them, or at a time mutually agreed upon, appoint a third person who
shall be the Chairman. If the recipient party fails to appoint an Arbitrator, or if the two (2)
appointees fail to agree upon a Chairman, within the time limited, the appointment shall be made
by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and
determine the difference or allegation and shall issue a decision and the decision shall be final and
binding upon the parties and upon any employee affected by it. The decision of a majority shall
be the decision ofthe Arbitration Board, but if there is no majority, the decision ofthe Chairman
shall govern.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 11
10.03 No person may be appointed as an Arbitrator who has been involved in an attempt
to negotiate or settle the grievance.
10.04 Each of the parties hereto will bear the expense of an Arbitrator appointed by it,
and the parties will jointly share the expenses of the Chairman of the Arbitration Board, if any.
10.05 The Union and the Employer acknowledge the applicability of s.49 of the Labour
Relations Act as more particularly set out in that Act, with respect to the appointment of a single
Arbitrator by the Minister.
ARTICLE 11 - SENIORITY
11.01 (a) In cases of lay-off or permanent reduction of the workforce, or recall from lay-off,
the employee with the greatest seniority provided that he/she has the skill and
ability to perform the required work, shall be the last to be laid-off and conversely
the first to be recalled from lay-off.
(b) In cases of applications for promotion or transfer, where two (2) or more employees
are relatively equal in skill and ability, the employee with the greatest seniority
shall be given the promotion or transfer.
11.02 The Employer shall maintain a seniority list showing the date upon which each
employee's service commenced. Where two (2) or more employees commenced work on the same
day, preference shall be in accordance with the date of application for employment. An up-to-date
seniority list shall be sent to the Union and posted on all bulletin boards yearly.
11.03 A newly hired employee shall be on probation only for the first forty-five ( 45) days
worked of his/her employment.
After completion of the probationary period, seniority shall be effective from the
original date of employment.
11.04 An employee will lose his/her seniority and will be considered to have terminated
employment for any of the following:
GDJ Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 12
a) ifthe employee quits;
b) if the employee is discharged and such discharge is not reversed through the
Grievance Procedure;
c) if the employee is laid-off and fails to return to work within five (5)
working-days after he/she has been notified to do so by Registered Mail to
the employee's last known address;
d) if he/she overstays a leave of absence without just cause;
e) if the employee is absent from work for two (2) consecutive days without
notifying the Employer of reason for the absence;
f) if the employee has been on lay-off or not performed work for a period of
one (1) year or length of seniority, whichever is shorter.
In the event an unexpected accident, occurrence or illness prevents the employee
from advising the Employer immediately, the employee must do so as soon as possible, and must
supply a medical certificate where requested.
11.05 No employee shall be transferred to a position outside the bargaining unit without
his/her consent.
If an employee is transferred to a position outside of the bargaining unit, he/she
shall retain his/her seniority accumulated up to the date of leaving the unit, but will not accumulate
any further seniority.
Such employee shall have the right to return to a position in the bargaining unit
during his/her trial period.
11.06 In assigning work areas, shifts and days-off, the Employer shall give preference to
employees having the greatest seniority providing they have the skill and ability to perform the
required work.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 13
11.07 An employee who has been absent from work for a period of twelve (12) months
due to an injury for which he/she receives compensation under the Workplace Safety and Insurance
Act shall not be entitled to exercise seniority for the purpose of floor selection upon his/her return.
ARTICLE 12 -LEAVE OF ABSENCE
12.01 a) Leave of Absence and any employee who has more than two (2) weeks' vacation
entitlement- BETWEEN JUNE 15th -LABOUR DAY WEEKEND.
It is agreed and understood that the above applies to employee(s) going out ofthe
country. Proof may be requested by the Employer to substantiate the reason for the
Leave of Absence.
i) employees may be entitled to SIX ( 6) weeks Leave of Absence in
conjunction with vacation entitled during the above-mentioned time period,
every four ( 4) years.
ii) requests for Leave of Absence to be submitted by January 1st to February
15th of each year and Company to respond by the end ofF ebruary.
iii) should there be a dispute for the same time period off for Leave of Absence,
seniority shall govern.
iv) Leave of Absence - other than between June 15 and Labour Day weekend
will be dealt with on an individual basis.
v) again, should a dispute arise for the same time period off, item iii) shall
apply.
vi) Leave of Absence in conjunction with vacation entitlement in cases of
emergency will be dealt with when they arise. The Employer may request
proof to verify the nature of the emergency.
An employee returning from such leave shall be placed in his or her former
job, shift and floor, if applicable.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 14
b) It is agreed and understood that during the PEAK PERIOD - JUNE 15th -
LABOUR DAY WEEKEND -
i) only ten (10) light-duty cleaners from First Canadian Place will be
allowed off at the same time. This applies for both Leaves of
Absence and vacation time-off as outlined in Article 17- sub clause
17.02.
ii) only four (4) light-duty cleaners from the Exchange Tower will be
allowed off at the same time. This applies for both Leaves of
Absence and vacation time-off as outlined in Article 17 - sub clause
17.02.
iii) Day Staff and heavy-duty cleaners: - vacation time-off and Leaves
of Absence will be dealt with on an individual basis; since there
were no problems regarding these matters in the past.
Special Leave
12.02 Employees shall be allowed Leave of Absence with pay and without loss of
seniority and benefits for the following reasons:
*
Birth of male employee's child
Formal hearing to become a Canadian Citizen
Moving employee's household *
The Company may require proof of move.
MATERNITY LEAVE/PATERNITY LEAVE
1 day
1 day
1 day per year
12.03 Maternity leave shall cover a period up to one (1) year before and/or after the birth
of a child as per the Employment Standards Act. An employee on maternity leave shall accumulate
seniority for a maximum of twelve (12) months or as per legislation, whichever is greater.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 15
Where a doctor's certificate is provided stating that a longer period is required for
health reasons, an extension of up to a maximum of one (1) additional year shall be allowed.
An employee returning from maternity leave shall be placed in her former job, shift,
and floor, if available.
ARTICLE 13 -HEALTH AND SAFETY
13.01 The Employer and the Union agree to co-operate in matters pertaining to the health
and safety of employees during the hours of employment. The Employer shall provide a safe and
healthy working environment.
13.02 The Employer agrees to the formation of a Safety Committee under the
Occupational Health and Safety Act (Bill 70).
The members of this Committee will operate m accordance with the Act in
association with the Company's representatives.
13.03 When requested in writing, the Employer shall provide the Union with written
information to which it has access, which identifies the products and physical hazards associated
with the work environment.
The Union shall inform the Employer immediately of any information it obtains
identifying any physical hazard associated with any cleaning product or material used.
13.04 The Employer shall endeavour to obtain permission for the Union's access to the
premises where necessary for inspecting or investigating any suspected potential physical hazard,
subject to the security requirements of the building.
13.05 An employee who is injured during working-hours, and is required to leave for
treatment or is sent home as a result of such injury, shall receive payment for the remainder of the
shift at his/her regular rate-of-pay, unless a doctor or nurse states that the employee is fit for further
work on that shift. As of date of ratification, the Employer shall send to the Union, photo stat
copies of "Form 7 A" sent by Management to WSIB re: work-related injuries or accidents.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 16
13.06 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.
13.07 The parties recognize that situations arise where areas to be cleaned are unlighted
due to First Canadian Place lighting policies. It is understood that cleaners in such a situation
should call the numbers as listed on each cleaner's cart to contact the supervisor who can remedy
the situation. Instruction about this procedure will be posted in each cleaner's janitor room.
13.08 The Employer will ensure that a supervisor is assigned responsibility during the
evening and night hours for handling of health and safety matters, as well as grievances.
ARTICLE 14- TEMPORARY TRANSFERS
14.01 An employee temporarily assigned, for the convenience of the Employer, to another
classification shall be paid the higher of the rate for his/her regular classification or the
classification to which he/she is temporarily transferred.
ARTICLE 15- HOURS-OF-WORK AND OVERTIME
15.01 Overtime at the rate of time and one-half ( 1 Yz) shall be paid for all hours worked in
excess of the regular weekly schedule, Monday-Friday. Should a pay period end date fall during
mid-week, employees who work overtime shall be paid at the regular hourly rate for overtime
hours on that pay period and should they be entitled to time and half the half-time owed will be
paid on the following pay period.
15.02 The Employer agrees to continue its present practice with respect to breaks for
employees who work a five (5) hour shift.
15.03 Employees working an eight (8) hour day shall receive a half (Yz) hour lunch break
and two (2) fifteen (15) minute paid breaks.
15.04 Saturdays and Sundays shall be the employees regular days-off. Time and one-half
(1 Yz) shall be paid for all hours worked on Saturdays and Sundays, excepting where five (5) day
weekly work schedules include Saturdays and Sundays.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 17
15.05 There shall be no pyramiding of overtime rates under the Articles of this
Agreement.
15.06 a) The Employer shall have the right to schedule overtime when it is required.
However, the Employer will allow any reasonable request from an employee to be
excused from overtime work on any particular occasion.
b) Overtime work shall be distributed equitably among seniority employees. An
employee who declines an opportunity to work overtime on any particular occasion
will be deemed to have worked such overtime for the purposes of this Article 15.06
(b). The Employer shall post the overtime list on the bulletin board on a weekly
basis.
c) In the case of emergency or urgent circumstance, the Company must be able to
respond to the needs of its clients, therefore, the following terms are necessary to
ensure that required overtime is adequately staffed:
i) Overtime is required in the following cases:
Emergency spill or flood/leak - response is required.
Other emergency situations as directed by Building Manager.
ii) In the event of insufficient number of volunteers or shortage of regular staff
for emergencies, outside employees can be assigned in resolving the crisis.
15.07 Employees will be paid to the quarter (Y-1) hour.
15.08 The Employer agrees no partial reduction of hours below the current hours of an
employee per shift shall be instituted. In the event of a shortage of work, the provisions oflay-off
shall be implemented.
GDJ Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 18
ARTICLE 16 - PAID HOLIDAYS
16.01 The Employer agrees that the following days will be recognized as holidays to be
paid for on the basis of the employees' straight-time hourly rate multiplied by the number of hours
the employee would have normally worked on such day:
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
August Civic Holiday
or days celebrated in lieu thereof.
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Employee's Birthday
In the event Heritage Day is proclaimed, such a day will henceforth be recognized
as an additional Holiday.
To qualify for holiday pay, the employee shall work his/her scheduled working-day
immediately prior to and his/her scheduled working-day immediately following the holiday. An
employee who is absent on one (1) only of the qualifying days because of lay-off, death leave,
hospitalization, injury or illness, for not more than six ( 6) consecutive working-days before or after
such holiday, shall still qualify for Holiday pay and if requested shall provide a doctor's note.
In case of an illness the employee must provide a medical certificate. The medical
certificate must be presented upon the employee's return to work date in order to receive holiday
pay.
Excessive absenteeism may result in disciplinary action.
16.02 Should any employee be required to work on a Statutory Holiday as stated above
he/she shall receive one and one-half (1 Yz) times his/her regular rate plus his/her holiday pay, or
one-half (Yz) times his/her regular rate plus a day in lieu with pay plus his/her holiday pay.
16.03 Holiday pay shall be payable to all seniority employees.
GD1 Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 19
16.04 In the event of a holiday, as specified in this Article, falling within an employee's
vacation period, the Employer has the choice of either:
a) extending the vacation period by one (1) working- day with pay; or
b) paying an extra day's vacation pay.
In either case, the rate-of-pay will be the same as that used in calculating an
employee's holiday pay.
16.05 Christmas Eve and New Years Eve
On the last scheduled working-day before Christmas and New Year's Eve, the
Employer will endeavour to allow employees to leave early with no loss of pay as per present
practice. All the cleaning requirements of the building must be completed and the supervisor must
approve when the employees can leave.
It is understood that this arrangement is subject to the cleaning requirements of the
building and may involve a mutually agreed-on re-scheduling of the work-day.
16.06 Should any ofthe Paid Holidays fall on a week-end, the following is understood-
-Saturday Friday-off
-Sunday Monday-off.
ARTICLE 17 - VACATIONS
17.01
a)
An employee who has:
one (1) year or more continuous service but less than four ( 4) years of continuous
service with the Employer shall receive two (2) weeks' vacation per year with pay
equal to four percent (4%) of the employee's total wages in the previous year;
b) four ( 4) years or more continuous service but less than eight (8) years of continuous
service with the Employer shall receive three (3) weeks' vacation per year with pay
equal to six percent (6%) of the employee's total wages in the previous year;
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 20
c) eight (8) years or more continuous service but less than twenty (20) years of
continuous service with the Employer shall receive four (4) weeks' vacation per
year with pay equal to eight percent (8%) of the employee's total wages in the
previOus year.
d) twenty (20) years or more continuous service with the Employer shall receive five
( 5) weeks' vacation per year with pay equal to ten percent (1 0%) of the employee's
total wages in the previous year.
17.02 PEAK PERIOD (.June 15111 to p t week of Septembet·)
a) All vacation requests during the PEAK PERIOD are to be submitted in
writing by March 1st each year.
b) The Company shall respond to all requests by March 15111, in writing.
c) Vacation time-off during PEAK PERIOD is limited to two (2) weeks.
d) Should a dispute arise for the same time period off, seniority shall govern.
e) The number of employees off at the same time shall be same as described
in sub clause 12.01 b) i), ii) and iii).
NON-PEAK PERIOD (2"d week of September to .June 15111)
a) All vacation requests are to be submitted in writing thirty (30) days
in advance of intended time-off.
b) Company to respond to all requests in writing within two (2) weeks.
c) Should a dispute arise for the same time period off, seniority shall
govern.
17.03 Vacation pay shall be paid prior to going on vacation or the 1st pay period of June
and December of each year, by separate cheque.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 21
ARTICLE 18 -REPORTING TIME
18.01 An employee who is sent home due to lack-of-work shall receive a minimum of
four ( 4) hours pay for his/her scheduled shift.
ARTICLE 19- DEATH LEAVE ALLOWANCE
19.01 Seniority employees shall be entitled to receive three (3) paid days leave in the
event ofthe death of an employee's grandparent, grandchild, parent, spouse, brother or sister, child,
mother-in-law or father-in-law.
Notwithstanding the above, an employee shall receive four (4) days with pay for
spouse, child or parent, if they attend the funeral.
There will be one (1) day's leave in the event ofthe death ofthe employee's sister
in-law or brother-in-law.
The Employer may request acceptable proof to substantiate the employee's claim
(i.e. death certificate).
ARTICLE 20 - SICK LEAVE
20.01 Employees hired prior to the ratification date (April21/01), after six (6) months of
employment, each employee will accrue sick leave at the rate of one ( 1) day per month, provided
they have worked no less than fifteen ( 15) working -days in such month. Absences due to Statutory
Holidays, jury duty, and bereavement leave and 12.02 shall be excluded for the purposes of this
calculation.
The fifteen (15) day qualifier is waived if not satisfied in any given month. If
monies are outstanding, as result, they will be deducted from the final pay.
If sick day not paid on the pay period due, the Employer shall make payment within
forty-eight ( 48) hours, by separate cheque.
GDJ Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 22
20.02 Absence from work due to illness will be paid by the Employer at the rate of eighty-
five percent (85%) of the employee's regular day's wages as of January 1, 2014, provided the
employee has accrued sick days. It is understood that absence from, or, for any reason, will be
considered a sick day.
Absenteeism will be reviewed monthly and dealt with accordingly.
20.03 At the end of May and November of each year, the Employer will pay the unused
balance of sick leave accrued in the preceding six ( 6) months at the rate of one hundred percent
(100%) ofthe employee's regular day's wages during such six (6) months.
20.04 Any employee claiming any paid sick leave must inform the Employer on the first
day of any absence prior to starting time, or such paid sick leave is not available.
Any employee not coming in to work must notify the office at least two (2) hours
prior to the start of the shift.
20.05 Any employee who is off on sick leave shall:
1) Upon returning to work within a one (1) year period or length of service,
whichever is shorter, such employee shall be returned to his/her former floor
and duties.
2) Employees with up to two (2) years of seniority or more, who are off for more
than one ( 1) year as a result of sick leave shall be treated the same as an
employee who takes an "Extended Leave (12.01)" for a further twelve (12)
month period or length of service, whichever is shorter.
Upon expiration of the above time limits, such employee's name shall be deleted
from the seniority list.
20.06 For new hires after date of ratification (April 21/01), the Company agrees to fund a
Short-Term Disability Plan. The purpose of the benefit is to provide income replacement in the
event of non-occupational illness or accident. The plan shall be registered with the Employment
GDJ Services (Canada) LP First Canadian Place and Exchange To·wer (2016-2018) Page 23
Insurance Commission and shall comply with the standards set out by the Commission for Short
Term Disability Plans.
(a) In the event an employee is off work due to illness, an employee must notify
the Employer within four (4) hours before the start of his/her shift.
(b) Notify the Employer at least one (1) day in advance of his/her return to
work; and
(c) Provide a doctor's note or certificate of proof of illness.
The benefit shall be as follows:
a) Eligibility:
An employee will be eligible for the benefit upon completion of their
probationary period or the first of the month following completion of three
(3) months of service and must be regularly scheduled to work twenty-four
(24) hours per week or more.
An employee shall be eligible for Short-Term Disability benefits if he/she
is prevented from performing his/her normal duties by personal sickness or
injury for which Workers' Compensation is not payable. In order to qualify
for the plan, an employee must:
i) notify the Employer within one ( 1) hour before the start of his/her
shift of his/her intention to claim sick leave;
ii) notify the Employer at least one (1) day in advance ofhis/her return
to work; and
iii) provide an acceptable certificate of proof of illness.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 24
b) Waiting Period:
Non-occupational accident/hospitalization:
(no waiting period)
Non-occupational illness:
[three (3) day waiting period].
c) Benefit Level:
The employee shall recetve the equivalent of sixty-six and two-thirds
percent ( 66 2/3%) of their regular wage for their normal scheduled hours,
up to the EI maximum.
d) Duration:
The plan will provide up to twenty-four (24) weeks coverage.
e) Reinstatement of Benefits:
Should an employee exhaust the twenty-four (24) week benefit and return
to active employment, one of the following scenarios shall apply:
i) in the event of a reoccurrence of the same illness or injury, they shall
be eligible for full benefits as described above after having been at
work for a continuous period of three (3) months; or
ii) in the event of a different illness or injury, they shall be eligible for
full benefits after having been at work for a continuous period of
one ( 1) month.
Premium Reduction
In the event that any fully paid Company premmms for any benefits are
subsequently reduced and/or eliminated for any reasons, such premium reduction
and/or elimination shall be the sole property of the Company.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 25
An employee who incurs an injury during his/her working hours, and is required to
leave for treatment at a hospital or doctor as a result of such injury shall receive
payment for the remainder of the shift at his/her regular rate-of-pay.
Transportation to the nearest hospital for employees requiring medical care as a
result of an accident shall be at the expense of the Employer.
a) If repeated absences interfere with an employee's work, or the work of
his/her fellow employees, or hinder the employee's performance of his/her
contractual obligations, the Employer will give the employee a written
warning so that he/she may have the opportunity to improve his/her
attendance;
b) The Employer may in the case of excessive absence due to illness request a
medical certificate by another physician, agreeable to both parties, to
determine if medical treatment may be necessary;
c) If an employee, following a written warning does not improve his/her
attendance, he/she may be suspended pending an investigation by the
Employer of his/her fitness and capability to perform his/her duties;
d) In cases where it is found that an employee is unsuitable, his/her
employment may be terminated.
The above procedure shall be subject to the Grievance Procedure.
Current employees to signify their intent within two (2) months of ratification
whether they wish to continue with the current SICK LEAVE or switch over to the S.T.D. Plan.
ARTICLE 21 -JURY DUTY
21.01 Any employee called for jury duty or subpoenaed as a witness shall be reimbursed
by the Employer for the difference between jury or witness fees and the wages he/she would have
otherwise received.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 26
This clause does not apply to employees subpoenaed by the Union.
ARTICLE 22 -JOB POSTING
22.01 When a job vacancy occurs or when a new position is created, the Employer shall
post notice of the position on designated bulletin boards for a minimum period of three (3)
working-days.
Such notice shall contain the following information:
Nature of position, qualifications required, location
(Including floor, where applicable) and wages.
When an employee successfully applies for a lateral transfer, the employee will be
given a two (2) week trial period to determine if the employee qualifies for the position. If the
employee does not qualify, the employee will return to the employee's previous job and the next
employee that qualified for the position will be given the opportunity. Employees who keep the
position shall jot be permitted to apply for another lateral transfer for a period of twelve (12)
months from the date of transfer.
22.02
Employees must be actively employed to apply for a job vacancy.
i) The posting shall be posted in English and the majority of the 2nd language.
ii) If, a posting is granted and the duration of the shift changes from its original
posting, then the job should be re-posted.
iii) Anticipated temporary vacancies of one ( 1) month or longer on the day shift
shall be posted.
JOB CLASSIFICATION
The Employer reserves the right to create additional and/or new classifications as
it may from time-to-time deem essential to its efficient operation. The wage rate for such changes
shall be negotiated between the parties.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 27
The Employer will attempt to distribute workload equitably.
ARTICLE 23 - UNIFORMS
23.01 The Employer will supply each employee with a sufficient uniform once per year.
The uniform shall include smocks, shirts and trousers, where applicable for indoor work.
Employees shall be responsible for the maintenance of their uniforms, except as set
out in this Article.
23.02 The Employer will provide one (1) ski-doo suit, one (1) parka, lined boots and
gloves for employees required to do outdoor work. The Employer will pay for the cost of annual
cleaning of the ski-doo suit and parka.
23.03 The employee shall not remove the aforementioned from the premises except for
cleaning purposes.
23.04 The Employer will provide non-disposable rubber gloves as required.
ARTICLE 24 - WAGES
24.01 The rates-of-pay under this Agreement shall be as follows:
Effective Effective Effective Jan. 1116 Jan. 1117 Jan. l/18
Light Duty Cleaner $14.45 $14.75 $15.05
Heavy Duty Cleaner $15.52 $15.82 $16.12
Window Cleaner $15.95 $16.25 $16.55
Students $12.35 $12.65 $12.95
(as defined in ARTICLE 1.03)
Probationary employees shall be paid seventy-five cents ($0.75) per hour less than
the rate for their classification.
PAYROLL - employees to be paid bi-weekly, on Fridays as per present practice.
GDJ Services (Canada) LP Firs/ Canadian Place and Exchange Tower (2016-2018) Page 28
ARTICLE 25 -HEALTH & WELFARE
25.01 Full time Benefits
The Employer shall contribute as listed below for those employees who have
completed probation, into the Labourers' Local183 Industrial Benefit Fund, jointly
administered by an equal number of Employer and Union Trustees, for the purpose
of purchasing major medical, life insurance and dental.
EtJective .Jan.l/16
$215.00
Effective Jan.l/17
$220.00
Effective .Jan.l/18
$225.00
plus applicable taxes.
The Employer shall remit the contributions referred to above not later than the
fifteenth (15th) day of the month prior to benefit coverage taking effect. [May benefit coverage
requires April fifteenth (15th) remittances based on March work-month.]
ARTICLE 26 -PREMIUM PAY
26.01 The following shall be special premiums under this Agreement, payable for each
hour worked, to employees when they are assigned to the duties hereinafter listed.
These premiums are to be combined with the Heavy Duty Cleaner rate.
Effective Jan.l/16
Snow Removal & Salting $3.35/hour
Garage Cleaner (evening or over-night shift) $1.00 per hour
Stripper/Waxer $0.25 per hour
Construction Clean-Up $0.70 per hour
[for all hours spent in construction cleaning, hauling construction materials
(i.e.) drywall, studs, construction skids]
GDJ Services (Canada) LP First Canadian Place and Exchange Tm11er (2016-2018) Page 29
Night Shift -seventy five cents per hour ($0.75/hour) for the shift that works from 11:00 p.m.
to 7:00a.m.
ARTICLE 27- CARPET CLEANING
27.01 Carpet cleaning (outside the normal working-hours) shall not be considered pati of
the regular Heavy-Duty Cleaners' duties, and will be done on a voluntary basis.
27.02 1) A job classification of "Carpet Cleaner" is hereby established. The Employer
agrees to post job vacancies for "Carpet Cleaner" in accordance with the job posting
seniority provisions of the Collective Agreement. It is agreed that if there are
insufficient volunteers from the bargaining unit, a special crew may be hired by the
Employer from outside the bargaining unit.
An employee who successfully applies for such posting is entitled to return to
his/her former position, at his/her request, during the first thirty (30) days in the
new position.
2) The rate-of-pay for "Carpet Cleaner" hereby established at $0.0041 per square foot
of carpet. Effective Jan.1/11 the rate increases to $0.0042 and effective Jan.l/12
the rate increases to $0.0043.
3) Article 15.01 (daily overtime) the Collective Agreement does not apply to "Carpet
Cleaner" .
4) Union dues shall be calculated on the basis of the "Heavy-Duty Cleaner" rate and
applied to forty ( 40) hour work week.
5) It is agreed that a "Carpet Cleaner" is responsible for regular rotary carpet cleaning
of "traffic areas" only, including the "traffic area" in small offices. Twice a year,
such employees shall also be responsible for wall-to-wall steam cleaning of carpets.
It is expected that a "Carpet Cleaner" will normally be able to rotary clean at least
one (1) floor per shift.
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 30
6) The "Carpet Cleaner" rate is based on a reasonable standard of satisfactory
workmanship. When a "Carpet Cleaner" does not complete all work in accordance
with such standard, and such sub-standard work is within the worker's control, the
Employer may require the worker to repeat the sub-standard work, without
compensation. The Employer will exercise its discretion in a reasonable and non
discriminatory manner.
7) The Employer agrees that inspections will be conducted on a daily basis by
supervisory staff and that all sub-standard work will be brought to the attention of
a "Carpet Cleaner" before the completion of the shift or within one (1) day
following completion.
8) In the event that a "Carpet Cleaner" is working on a significantly difficult stain area,
he/she shall point out such area to a supervisor for his/her instructions.
Where the concern is a legitimate one, the Supervisor shall instruct the employee
to disregard the area or grant additional compensation.
9) The Employer agrees to provide the Union with a listing of the square footage of
carpet on each floor. If the Union has any concerns with respect to the accuracy of
the figures given by the Employer, Union Representatives may make arrangements
with the Employer to take their own measurements of the square footage.
1 0) A "Carpet Cleaner" will be required to punch a time card at the beginning and
completion of his/her shift.
11) The rate provided for temporary assignments of employees other than those
classified as "Carpet Cleaner" shall be at time and one-half (l V2) the heavy duty
cleaner's rate.
ARTICLE 28- JOINT COMMITTEE
28.01 The parties agree to establish a joint committee composed of no more than three (3)
representatives of either party, which committee will meet at either party's request at reasonable
GDI Services (Canada) LP First Canadian Place and Exchange Tower (2016-2018) Page 31
intervals, for the purpose of reviewing work assignments and the reasonableness of workloads.
This provision is subject to Article 4.
ARTICLE 29- TERM OF AGREEMENT
29.0 l This Agreement shall be binding and remain in effect from January P 1, 2016 to
December 31st, 2018, and from year-to-year thereafter unless either party gives the other notice in
writing within ninety (90) days prior to the expiry date of the contract that it desires to terminate
or amend its provisions.
ARTICLE 30- RETIREMENT FUND
30.01 Retirement Fund:
The Employer agrees to contribute three cents ($0.03) as of January 1, 2015 per
hour for 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 (151h) day of
the month following the month for which the payment is due.
Where notice to amend the Agreement is given, the provisions of this Agreement
shall continue in force until a new Agreement is signed, or the right to strike or lock-out accrues,
whichever tirst occurs.
Dntcd at Toronto this ! l. 1'day of ');~pi\ v,__\)<. j-· 2016.
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