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COLLECTIVE AGREEMENT BETWEEN: HALLMARK …

COLLECTIVE AGREEMENT between : HALLMARK housekeeping services INC. COLLEGE PARK, 444 YONGE STREET, 21 COLLEGE STREET & 33 COLLEGE STREET (hereinafter called "the Employer") -and-LIUNA, LOCAL 183 (hereinafter called "the Union") WHEREAS the Employer and the Union wish to enter into a common COLLECTIVE AGREEMENT with respect to certain employees who are engaged in all work associated with building maintenance and janitorial cleaning and to provide for and ensure uniform interpretation and application in the administration of this COLLECTIVE AGREEMENT . IT IS AGREED as follows: ARTICLE I-RECOGNITION l The Employer hereby recognizes the Union as the sole and exclusive bargaining agent of all employees of the Employer engaged in cleaning and maintenance at College Park, 444 Yonge Street, 21 & 33 College Street, save and except supervisory personnel, office and clerical staff.

collective agreement between: hallmark housekeeping services inc. college park, 444 yonge street, 21 college street & 33 college street (hereinafter called "the employer")

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Transcription of COLLECTIVE AGREEMENT BETWEEN: HALLMARK …

1 COLLECTIVE AGREEMENT between : HALLMARK housekeeping services INC. COLLEGE PARK, 444 YONGE STREET, 21 COLLEGE STREET & 33 COLLEGE STREET (hereinafter called "the Employer") -and-LIUNA, LOCAL 183 (hereinafter called "the Union") WHEREAS the Employer and the Union wish to enter into a common COLLECTIVE AGREEMENT with respect to certain employees who are engaged in all work associated with building maintenance and janitorial cleaning and to provide for and ensure uniform interpretation and application in the administration of this COLLECTIVE AGREEMENT . IT IS AGREED as follows: ARTICLE I-RECOGNITION l The Employer hereby recognizes the Union as the sole and exclusive bargaining agent of all employees of the Employer engaged in cleaning and maintenance at College Park, 444 Yonge Street, 21 & 33 College Street, save and except supervisory personnel, office and clerical staff.

2 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 II-UNION SECURITY The Employer shall, for each pay period, deduct from the wages of each employee in the unit affected by the COLLECTIVE AGREEMENT , the amount of regular Union dues as HALLMARK housekeeping services Park, 444 Yonge Street, 21 & 33 College Street COLLECTIVE AGREEMENT : February 1, 2016 to January 31, 2019 Page 1 of21 a condition of employment. The Union shall notify the Employer in writing of the amount of regular Union dues to be deducted in accordance herewith and the Employer shall, for the purposes, rely upon such written notification as conclusive evidence that the amounts so deducted are in accordance with the Union's constitution and by-laws.

3 The Union shall indemnify and save the Employer harmless from any claims, suits, judgements, attachments and from any form of liability as a result of making such deductions in accordance with the written direction of the Union and the Union will refund directly to all employees any amount for which wrongful deductions were made by the Employer in accordance with the written notification provided by the Union. The Employer shall forward such deductions to the Secretary/Treasurer of the Union not later than the fifteenth (15th) ofthe month following the month in which the deductions were made. The Employer 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.

4 The Union shall indemnify the Employer from any claim which may arise from deductions made pursuant to this Article. 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. ARTICLE ID -MANAGEMENT RIGH TS l The Employer shall have the exclusive functioning option to conduct its businesses in all respects in accordance with its commitments and responsibilities including the right to: (a) manage, locate, extend, schedule, curtail or cease maintenance operations; (b) determine the number of workers required for any or all operations; judge the qualification of employees; assign or reassign work loads of employees; determine and evaluate the content and functions of all jobs and HALLMARK housekeeping services Inc.

5 -College Park, 444 Yonge Street, 21 & 33 College Street COLLECTIVE AGREEMENT : Febntary I, 2016 to January 31, 2019 Page 2 of21 classifications; revtse work assignments at any time and maintain an efficient mobile work force with diverse skills; (c) determine the types and placement of machines, tools, materials and equipment; and to introduce new or improved systems and equipment; (d) hire, classify, promote, transfer and lay-off employees and to discharge, demote and suspend employees; (e) establish, revise from time-to-time and enforce reasonable rules of conduct and procedure for its employees, maintain order, discipline and efficiency; - all subject to the provisions of Articles IV and V herein. It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions and intent of this AGREEMENT .

6 Emplover Policies Employer policies shall be communicated and available to the employees where applicable. ARTICLE (V-GRIEVANCE PROCEDURE The immediate attention to complaints and grievances is ofthe utmost importance. Properly constituted grievances may be processed through the following procedures; Within ten (10) working-days after the alleged grievance incident, the aggrieved may present the grievance to an immediate Supervisor, either in writing or orally. Should no settlement satisfactory to the aggrieved be determined within five (5) working-days, the next step of the Grievance Procedure may be implemented within five (5) working-days following. HALLMARK housekeeping services Park, 444 Yonge Street, 21 & 33 College Street COLLECTIVE AGREEMENT : February 1, 2016 to January 31, 2019 Page 3 of21 STEP STEP The aggrieved, through an authorized Union Representative, may submit the grievance to an authorized agent of the Employer, in writing and the responsible parties shall meet within five (5) working-days following.)

7 Should no settlement, satisfactory to the aggrieved, be determined within five (5) working-days following, this meeting, the next step of the Grievance Procedure may be implemented within five (5) working-days following. Should no settlement, satisfactory to the aggrieved be determined within five (5) working-days following, the grievance may be submitted to Arbitration within ten ( 1 0) working-days following, as provided for in Article V -Arbitration. Grievance pertaining to alleged violation of hours-of-work, rates-of-pay, overtime, vacation with pay and other monetary ite111s, may be submitted within three (3) months of such alleged grievance incident. Satisfactory judgement of such grievances may be retroactive to three (3) months prior to the date of the grievances. Satisfactory judgement of disciplinary grievances may be retroactive from the first day of the grievance incident.

8 Employees with less than two (2) months' service (probationary employees) may submit grievances pertaining only to alleged violations of monetary matters. A claim by an employee who has completed his probationary period that he has been discharged without just cause, shall be treated as a grievance and a written statement of such grievance shall be lodged with the Company commencing at Step of the Grievance Procedure within five (5) working-days of such discharge. HALLMARK housekeeping services Park, 444 Yonge Street, 21 & 33 College Street COLLECTIVE AGREEMENT : February I, 2016 to January 31, 2019 Page 4 of21 ARTICLE V-ARBITRATION Any properly constituted grievance concerning the interpretation, application, administration or alleged violation of this AGREEMENT , which has been properly processed through all ofthe steps of Article IV, but has not been satisfactorily settled may be referred to Arbitration, in accordance with the Ontario Labour Relations Act.

9 The Official Arbitrator shall hold a hearing as soon as possible from the date of receiving a Notice to Arbitrate. The Arbitrator shall, after hearing all of the evidence and submissions from all parties concerned, submit a final and binding decision in writing. Reasons for the decision need not be given at the time of the decision but shall be provided within a reasonable period of time thereafter. The Arbitrator shall be provided with written records containing details of the grievance, the section or sections of the AGREEMENT which are alleged to have been violated and the requested remedy, none of which is subject to change. The Arbitrator shall not have the power to alter or change any of the provisions of this AGREEMENT ; or to substitute any new provisions for any existing provisions; nor to render any decision inconsistent with the terms and provisions of the AGREEMENT .

10 Statutory Holidays and Sundays shall be excluded from the times provided for the various steps. Time limits may be adjusted by AGREEMENT of the parties concerned. The Union and the Employer shall equally share any expenses of the Arbitrator. ARTICLE VI -EMPLOYER GRIEVANCES AND UNION GRIEVANCES The Employer may submit a grievance to the Union in a manner similar to the procedure outlined in Article IV-Grievance Procedure. HALLMARK housekeeping services Park, 444 Yonge Street, 21 & 33 College Street COLLECTIVE AGREEMENT : February 1, 2016 to January 31, 2019 Page 5 of21 Should no settlement, satisfactory to the parties concerned, be determined, such grievance may be submitted to Arbitration in a manner similar to the procedure defined in Article V -Arbitration. A Union grievance which is defined as an alleged violation of the AGREEMENT involving all or a substantial number of employees in the bargaining unit in regard to which a substantial number of employees have signified an intention to grieve, or a grievance involving the Union itself, including the application or interpretation of this AGREEMENT , may be brought forward at any time in accordance with Article IV - Grievance Procedure and if it is not settled, it may be referred to an Arbitrator in a manner similar to the procedure outlined in Article V -Arbitration.


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