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COLLECTIVE AGREEMENT - Ontario

COLLECTIVE AGREEMENT BETWEEN: BRISTOL ROAD-LABOURERS' LOCAL 183 NON-PROFIT HOMES INC. 1455 & 1475 Bristol Rd West, Mississauga, On (hereinafter called "the Employer") - and -LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183 Effective Date: Expiry Date: September 1, 2016 August 31, 2019 1455 & 1475 Bristol Rd West, Mississauga (2016-2019) (hereinafter called "the Union") Page 1 TABLE OF CONTENTS ARTICLE 1 -SCOPE AND RECOGNITION .. 3 ARTICLE 2 -RELATIONSHIP .. 3 ARTICLE 3 -MANAGEMENT RIGHTS .. 4 ARTICLE 4-PROBATIONARY PERIOD .. 5 ARTICLE 5-EMPLOYEE RECORDS .. 5 ARTICLE 6-SENIORITY .. 5 ARTICLE 7-UNION SECURITY .. 6 ARTICLE 8-UNION REPRESENTATION .. 7 ARTICLE 9 -GRIEVANE PROCESS AND ARBITRATION .. 7 ARTICLE 10-HOURS-OF-WORK AND OVERTIME .. 10 ARTICLE 11 - MEAL AND REST PERIODS .. 11 ARTICLE 12 -PAYMENT OF WAGES AND BENEFITS .. 12 ARTICLE 13 -HOLIDAYS .. 12 ARTICLE 14-VACATION PAY .. 13 ARTICLE 15- LEAVES OF ABSENCE .. 14 ARTICLE 16-JOB POSTINGS.

COLLECTIVE AGREEMENT BETWEEN: BRISTOL ROAD-LABOURERS' LOCAL 183 NON-PROFIT HOMES INC. 1455 & 1475 Bristol Rd West, Mississauga, On (hereinafter called "the Employer") - and - LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA,

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Transcription of COLLECTIVE AGREEMENT - Ontario

1 COLLECTIVE AGREEMENT BETWEEN: BRISTOL ROAD-LABOURERS' LOCAL 183 NON-PROFIT HOMES INC. 1455 & 1475 Bristol Rd West, Mississauga, On (hereinafter called "the Employer") - and -LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183 Effective Date: Expiry Date: September 1, 2016 August 31, 2019 1455 & 1475 Bristol Rd West, Mississauga (2016-2019) (hereinafter called "the Union") Page 1 TABLE OF CONTENTS ARTICLE 1 -SCOPE AND RECOGNITION .. 3 ARTICLE 2 -RELATIONSHIP .. 3 ARTICLE 3 -MANAGEMENT RIGHTS .. 4 ARTICLE 4-PROBATIONARY PERIOD .. 5 ARTICLE 5-EMPLOYEE RECORDS .. 5 ARTICLE 6-SENIORITY .. 5 ARTICLE 7-UNION SECURITY .. 6 ARTICLE 8-UNION REPRESENTATION .. 7 ARTICLE 9 -GRIEVANE PROCESS AND ARBITRATION .. 7 ARTICLE 10-HOURS-OF-WORK AND OVERTIME .. 10 ARTICLE 11 - MEAL AND REST PERIODS .. 11 ARTICLE 12 -PAYMENT OF WAGES AND BENEFITS .. 12 ARTICLE 13 -HOLIDAYS .. 12 ARTICLE 14-VACATION PAY .. 13 ARTICLE 15- LEAVES OF ABSENCE .. 14 ARTICLE 16-JOB POSTINGS.

2 14 ARTICLE 17-LAYOFF-RECALL AND TRANSFERS .. 15 ARTICLE 18-HEALTH AND SAFETY .. 16 ARTICLE 19-UNIFORMS AND PROCTECTIVE CLOTHING .. 16 ARTICLE 20-MISCELLENOUS .. 17 ARTICLE 21-DURATION OF AGREEMENT .. 17 APPENDIX A-CLASSIFICATIONS, WAGES AND DISTINCT CONDITIONS .. 18 APPENDIX B-EXTENDED BENEFITS .. 20 1455 & 1475 Brisrol Rd Wesr. Mississauga (2016-20/9) Page 2 PREAMBLE The Employer and the Union are desirous of entering into a COLLECTIVE AGREEMENT for the purpose of providing orderly COLLECTIVE bargaining relations between the Employer and its employees covered by the AGREEMENT through the Union, to secure prompt and fair disposition of grievances, to secure the efficient operation of the Employer's business without interruption or interference with work and to provide fair wages, hours and working conditions for the employees. It is recognized by this AGREEMENT to be the duty of the Employer, the Union and the employees to co-operate fully, individually and collectively for the advancement of the said conditions.

3 ARTICLE 1 -SCOPE AND RECOGNITION The Employer recognizes the Union as the sole bargaining agent for all employees in the bargaining unit of Bristol Road - Labourers' Local 183 Non-Profit Homes Inc. at 1455 and 1475 Bristol Road West, Mississauga, Ontario , including Resident Superintendents, save and except the Property Manager, persons above the rank of Property Manager, office and clerical staff. No Individual Agreements 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. ARTICLE 2 -RELATIONSHIP The Union and the Employer recognize the mutual value of improving by all proper and reasonable means, the productivity of individual workers and both will undertake individually and jointly to promote such increased productivity. During the lifetime of this AGREEMENT , the Union agrees there will be no strike, slowdown or picketing, and the Employer agrees that it will not cause a lock-out.

4 The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing or slowdown. 1455 & 1475 Bristol Rd West. Mississauga (2016-2019) Page 3 There shall be no discrimination, intimidation or coercion by the Employer or the Union or its members against anyone. ARTICLE 3 -MANAGEMENT RIGHTS The Union recognizes and acknowledges that the management of the Employer's operations and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer to: a) maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time-to-time, rules and regulations, policies and practices to be observed by its employees, discipline or discharge employees for just cause; b) select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall or retire employees, select employees for positions excluded from the bargaining unit; c) establish and administer reasonable tests for the purpose of assisting the Employer in detennining an employee's qualifications.

5 D) determine the location of the operations, and their expansion or their curtailment, the direction of working forces, the schedules of operations, the number of shifts; job content; the establishment of work or job assignments; change, combine or abolish job classifications; detennine the qualifications of an employee to perform any particular job; decide on the number of employees needed by the Employer 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. The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this AGREEMENT . The exercise of any of the above rights may be the subject matter of a grievance and/or arbitration as provided for in this AGREEMENT . Students shall be excluded from the bargaining unit during the months of May to September. 1455 & 1475 Bristol Rd West. Mississauga (2016-2019) Page 4 No employee covered by this AGREEMENT shall be laid-off, reclassified or suffer a monetary loss as a result of the contracting-out of bargaining unit work.

6 EmpJover PoJicies Employer policies shall be communicated and available to the employees where applicable. ARTICLE 4-PROBATIONARY PERIOD New employees shall serve a probationary period of ninety (90) days worked before acquiring seniority rights which shall then date back to their respective date of starting to work with the Employer. Probationary employees may be discharged without cause and without entitling the employee to recourse to the Grievance Procedure. Days not worked due to any absence whatsoever shall not count towards the completion of the probationary period. ARTICLE 5-EMPLOYEE RECORDS Employees personnel records shall be made available for review by the employees and/or their Union representative, upon proper request. ARTICLE 6-SENIORITY a) Seniority means the length of service of an employee with the Employer. An employee shall accumulate seniority under any of the following conditions: while he is at work for the Employer after he has completed his probationary period as set out in Article b) during any period when he is prevented from perfonning his work for the Employer by reason of injury arising out of and in the course of his employment for the Employer for which he is receiving compensation under the provisions of the Workplace Safety and Insurance Act.

7 [Refer to , particularly (f)]. c) during the first ninety (90) days of any absence due to illness or Jay-off. Seniority once established for an employee shall be forfeited and the employee's employment shall be deemed to be tenninated under the following conditions: 1455 & 1475 Bristol Rd West, Mississauga (2016-2019) Page 5 a) if he voluntarily quits; b) if he is discharged for cause and not reinstated through the Grievance Procedure; c) if he fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this AGREEMENT ; d) iftwelve (12) months have elapsed from the day oflay-off; e) if he is absent from work for more than two (2) scheduled working-days without notifying the Employer, unless in the circumstances it was impossible for the employee to give notice to the Employer, or f) if for a period of twelve (12) calendar months, if for any reason other than (b) he unable to perform his duties. ARTICLE 7 -UNION SECURITY The regular monthly 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 2 of this AGREEMENT .

8 The monthly Union dues shall be equivalent to one point eight percent ( ) of each employee's gross monthly earnings and the Employer 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 (151h) day of the month following the month in which the deductions were made. The Employers 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. The Union shall indemnify the Employer from any claim which may arise from deductions made pursuant to this Article. 1455 & 1475 Bris10f Rd Wesr. Mississauga (2016-2019) Page 6 ARTICLE 8-UNION REPRESENTATION a) It is agreed that a Shop Steward may be appointed by the Union. b) The Union shall be required to notify the Employer of the name of the Steward in writing.

9 The Union Steward shall be the last person laid-off and the first recalled by classification provided he can do the job. The Union acknowledges that the Steward has regular duties to perform as an employee of the Employer. Union business will not be transacted during regular working-hours. The Business Representative of the Union shall have access to the premises of the Employer during working-hours, but in no case shall his visit interfere with the progress of the work. When visiting the Employer's premises, he will first advise and identify himself to the supervisory personnel of the Employer. ARTICLE 9 -GRIEVANCE PROCESS AND ARBITRATION The purpose of this Article is to establish a procedure for the settlement of gnevances. An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this AGREEMENT may discuss his complaint with his Supervisor. Such complaint shall be brought to the attention of the Supervisor within three (3) working-days of the incident giving rise to the complaint.

10 The Supervisor shall state his decision verbally within three (3) working-days of receiving the complaint. Step 1 Should the employee be dissatisfied with the Supervisor's disposition of the complaint, he may with the assistance of his Representative, refer such matter on a written grievance fonn to the Operations Manager who shall answer the grievance within three (3) working-days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within three (3) working-days or receipt of the reply of the Operations Manager to the complaint. 1455 & 1475 Bristol Rd West, Mississa11ga (2016-2019) Page 7 Step 2 Step 3 Step 4 The grievance shall specify the Article or Articles and sub-sections of the AGREEMENT of which a violation is alleged, contain a precise statement of the facts relied upon, indicate the relief sought and be signed by the employee or employees. If no settlement is reached at Step 1, the employee in question and the Trade Union Representative shall meet with the Representatives of the Employer within five (5) working-days of receipt of the reply of the Operations Manager to discuss the grievance.


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