; CERT. DATE ' --

. MALE EMPS

.:'MLE EMPS

( .•

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OCT 3 ·1 LUUJ

Ministry of Labour Office of Mediation

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01-NG_co_NTR_OL-:-:::::1---Affttt-\iiiiinll...l L L E CTtVE A G RE·EM E NT

DENT CONfiV 1 2 100 '

. :>UB. PROVS CODED

BETWEEN:

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I . TRENTON MILITARY, FAMILY RESOURCE CENTRE

I (hereinafter ref~rred to as "the Employer")

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UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 175

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I (hereinafter r~ferred to as "the Union")

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. i . EFFECTIVE: Apri,l1 8t, 1999 to March 31 8

\ 2003

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i INDEX I

ARTICLE i 1 General Purpose .......... l ............................................................... .

I . 2 Scope of Agreement .... l ............................................................... . 3 Interpretations and Defi~itions ...................................................... . 4 Management Rights ..................................................................... . 5 ·Check Off ..................... l ....................................... : ....................... . 6 Appointment of Stewards/and Negotiation Committee ................. .

I 7 Leave and Role of Committee Members ..................................... ..

I 8 Health and Safety ......... : ............................................................... .. I

9 Hours of Work .............. ! ................................................................. . . I .

10 Overtime ...................... !. ............................... · ................................. . 11 S

. . I . . en1onty ..................... ·1· ........•.•••...........•••• · · · · • • · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

12 Vacancies, Job Postinds, Promotions and Transfers ................... . 13 Designated Holidays .. :J ............................................................ ; .. .. 14 Vacation ...................... ~ ................................................................ .

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PAGE 1 1 1 2 2

3 4 4 4 6 6 9

10 11

15 Leave General ............. :................................................................. 12 16 Grievance Procedure .. .: ............................................................ ;.... 14

A 16 Policy and Group Griev~nces.. .. .. .. .. . .. . .... .. . .. ........ .. . . . . .. .. . .... .. .. .. .. . . 15 I

B16 Discharge and Suspension Cases................................................ 15 C16 DisciplineCases .......... J ......... :....................................................... 16 D16 Arbitration Procedure .. .!................................................................. 16

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17 Wages ......................... !. ......... ·....................................................... 17 18 Employee File ............. ~................................................................. 18 19 Union Bulletin Boards ................................................................. :.. 18 20 No Strikes - No Lockouts.............................................................. 18 21 No Discrimination ........ ; ................................... ·.............................. 19 22 Meetings ...................... !.~ ........................... .'.................................... 19

I 23 Recovery of Shortages!................................................................. 19 24 TerminationofAgreem~nt............................................................. 19

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AR"fiCLE

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INDEX, continued I .

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Appendix "A"- Wages ~ates ........................................................ .

letter of Understanding1

- Re: UFCW Education & Training Fund !

letter of Understanding1- Re: Reduction in Fees ........................ .

letter of Understanding~- Re: Mileage Rates .............................. .

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REGIONAL OFFICE: i i

U.F.C.W. LOCAL 175 I

20 HAMIL l;'ON AVENUE NORTH OTTAWA, ONTARIO

i K1Y 186

i TELEPHONE: 1-613-725-2154 or

1-800-267-5295 . '

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PAGE 21 25 26 27

(. ARTICLE 1 -GENERAL PURPOSE I

1.01 The purpose of this Agreem·ent is to establish mutually satisfactory relations between the Employer and the employees concerned, and to provide method for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working condition$, hours of work and wages for all the employees who are subject to the provisions of the Agreement. This will not be in interference with the operation of the services ~endered by the federally governed Trenton Military Family Resource Centre to th~ clients or the public.

I ARTICLE 2 ·SCOPE OF AGREEMENT

I 2.01 The Employer recognizes the United Food and Commercial Workers Union, Local

175, as exclusive bargaining a~ent for alf~mployees of the Employer in the Trenton Military Family Resource Centre employed at 8 Wing Trenton in Ontario, save and except Executive Director, Administrative Assistant, Secretary/Receptionist and temporary positionsras defindd in Article 3.01 (c) below.

2.02 Wherever the term "employee'[ or "employees" is used in the Agreement, it shall be deemed to include females and males. Similarly, when the feminine pronoun is substituted for the term "emplbyee" or "employees" it shall be deemed to refer to males as well as females. ·

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:ARTICLE 3 -INTERPRETATIONS ~NO DEFINITIONS I .

3.01 For the purposes of this Agreement: I

(a) Full-time employee m~ans an employee who has completed his/her probationary period and is normally employed for twenty-seven (27) or more hours per week. I

(b) part-time employee means an employee who has completed his/her probationary period and is normally employed for less than twenty-seven (27) hours per week. ;

i (c) Temporary employee means an employee that has been hired to work on a

special or pilot project. · Such special or pilot project not to exceed six (6) months in length. Any extension in the length of the special or pilot project shall be mutually agree~ to by the Union and the Employer.

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( • • ARTICLE 4 - MANAGEMENT RIGHTS

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4.01 The Union recognizes and ackr;.owledges that the management of the Employer's operations and direction of the !employees are fixed in the Employer, and, without restricting the generality of th~ foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

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{a) maintain order and efficiency; I

(b) select, hire, classify, la~-off, and suspend employees; and to discipline or discharge any employee provided that a claim by an employee covered by the scope of this agreement that he/she has been discharged, rejected or

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otherwise disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided:

I {c) make, alter and enforceifrom time to time reasonable rules and regulations,

policies and procedures to be observed by the employees, these rules and regulations, policies and! procedures shall be distributed fo all employees and the Union; . 1 ·

(d) the Employer shall have the right to determine work schedules; I

(e) the Employer has the ri~ht to determine the language requirements for any position, provided it does not result in the lay-off of any present staff.

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4.02 The Employer shall exercise it~ rights under this Agreement in a manner consistent with the provisions of this .Agr~ement.

AR1"1CLE 5 -CHECK OFF

5.01

5.02

Subject to the provisions of ithis Article, the Employer will, as a condition of employment, deduct an amount equal to the weekly membership dues established by the bargaining agent from the pay of full-time and part-time employees in the bargaining unit. l ·

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The Employer agrees to deduct from the monthly payroll of all persons who are I

members of the bargaining uni~ an amount equivalent to the dues and initiation fees as prescribed by the Union. Tme Employer agrees to remit the amount of dues and initiation fees together .with a I record and social insurance number of those from whose pay said deductions h~ve been made, to the Secretary Treasurer of the Local Union by the 15th of the month following the month in which the dues and initiation fees were deducted. It is the management's responsibility to inform all new employees covered by the Ag1reement of the amount of Union dues and initiation fees which will be deducted monthly. It is the Union's responsibility to advise the

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p.03

5.04

5.05

5.06

, • (. Employer of any change in the dues and initiation fees schedule at least a month in advance, in writing. i

I The Union shall hold the Emplbyer harmless with respect to all dues and initiation fees so deducted and remitted !and with respect to any liability which the Employer might incur as a result of such :deduction and remittance.

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The Employer will add Union dues and initiation fees deductions to the employee's T 4 slips at the end of the year ror the purposes of tax deductions. .

I Authorized representatives of the Union shall be permitted to enter the premises of the Trenton Military Family Re~ource Centre at reasonable times for the purpose of conducting Union business. !Notice upon entering shall be given to the Executive Director or designate. Entry s~all not be refused unreasonably ..

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The Union agrees that, except! as provided for in this agreement there shall be no Union activity on the premisesiof Trenton Military Family Resource Centre during the employees' working hoursj except by agreement with Trenton Military Family Resource Centre. i

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I ARTICLE 6 -APPOINTMENT OF STEWARDS/AND NEGOTIATION COMMITTEE

6.01

6.02

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6.03

6.04

6.05

! The Employer agrees to recbgnize the following Union Committees: two (2) stewards and a Negotiation C6mmittee of two (2) members which may consist of full or part-time employees. !

I It is clearly understood that a Negotiating Committee is a separate entity from the stewards (Grievance Committee) and that it will deal only with such matters as are properly the subject of negotiations including proposals for the renewal or modification of this Agreement at the proper time.

The Union shall advise the E~ployer of the names of the members of the said Committees as soon as they !are appointed and shall subsequently inform the Employer forthwith of any changes in its personnel.

I The Employer acknowledges the right of the Union to appoint or otherwise select two (2) stewards to assist employees in presenting their grievances to the representatives of the Employer.

I The Employer acknowledges tpe right of the Union to appoint or otherwise select two (2) employees to assist in ~he negotiation process.

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ARTICLE 7 - LEAVE AND ROLE 01::: COMMITTEE MEMBERS I

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7.01 The privilege of committee members to leave their work without loss of basic pay to attend Union business is g(anted on the following conditions:

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(a) such business must be: between the Union and the Employer and includes negotiation; I ·

(b) the time shall be devbted to the prompt handling of necessary Union business; i

(c) the committee memb~rs concerned shall obtain the permission of the Executive Director orl her designate before leaving their work; such permission shall not be: unreasonably withheld;

I (d) the Employer reserves! the right to limit such time if it deems the time so

taken to be excessive. 1 .

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7.02 When an employee is to be disbiplined a steward shall be present, unless otherwise requested by the employee. !

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I 7.03 It is understood and agreed that either party may be represented or assisted by an outside representative at any tneeting of the committees listed in Article 6.01.

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, ARTICLE 8 - HEALTH AND SAFEJ

~ 8.01 Trenton Military Family Resou!rce Centre shall have representatio~ on the 8 Wing Trenton's Health and Safety (J;ommittee. Such representation shall include a full time bargaining unit member snd a member of management. Attendance at these meetings shall rotate betwe~n these two (2) employees on a monthly basis. Reports from these Health an~ Safety Committee meetings shall be presented at FRC staff meetings.

ARTICLE 9 - HOURS OF WORK I

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9.01 The following paragraphs andisections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per

I week or of days of work per week.

I 9.02 (a) The normal hours ofwo'rk for all full-time Child Care Workers shall be seven

and a half (7%) hours per day, thirty-seven and one half (37%) hours per week, Monday to Friday, between the hours of 7:00a.m. to 5:00p.m.

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(b)

(c)

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I i) The normal hours of work for all full-time Co-ordinator positions outside

of Child Care Servic~s shall be seventy-five (75) hours in a two (2) week period. Salaried employees shall submit their schedules two (2) weeks in advance of the implementation of that schedule for approval by the Executive Directoro:rdesignate. If changes are necessary, the Employer will be given notice ~s far in advance as possible.

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ii) For the purposes ofl9.02(b )(i), a two (2) week period shall be d(3fined as 0001 hours Sunday of the first week to 2400 hours Saturday of the second week. i . .

iii) Hourly Wage employees work schedule will be·posted by their immediate supervisor at least tWo (2) weeks in advance of the ·implementation of that schedule where pos,sible. If changes are necessary, the employees will be given notice as f~u in advance as possible.

I All full-time employees ~re entitled to a one half (Y2) hour unpaid lunch break and two (2) fifteen (15)iminute paid rest periods per work day. Employees are entitled to combine their half (Y2) hour unpaid lunch break with their fifteen (15) minute paid! afternoon rest period.

' I (d) The work schedule shall be posted for all full-time Child Care Workers at

least two (2) weeks in advance of the implementation of that schedule where possible. If changes a~e necessary, the employees will be given notice as far in advance as. possible.

(e) . All part-time employeeJ working less than 7.5 hours per day are entitled to one (1 ), paid fifteen (15:) minute rest period after four (4) consecutive hours of work and one half(~) hour unpaid lunch break after five (5) consecutive hours of work. When the part-time employee's workday exceeds five (5) consecutive hours of work they are entitled to an additional paid fifteen (15) minute rest period, to be scheduled at the discretion of their immediate supervisor who must e~sure a qualified and adequate workforce.

I 9.03 The Employer shall allow a ful:l and/or part-time employee directly responsible for

child care one (1) hour per work week for preparation of curriculum related to the scope of their duties. I

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9.04 Senior employees shall not be ~cheduled to work less hours than junior employees provided they are able, willing jand available to perform the work required.

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• ·ARTICLE 10 -OVERTIME

. 10.01 (a) Authorized overtime for all full-time salaried employees shall be accumulated after seventy-five (75) hours in any two (2) week period. When a salaried employee is required td work in excess of seventy-five (75) hours in any two (2) week period he/she is hall be granted compensatory time off at a rate not less than,one and on~ half (1%) times each hour worked in excess of seventy-five (75) hours~

(b) When a full or part-timl hourly employe~ is required to work in excess of seven and one half (7%) hours in a day or thirty-seven and one-half (37%) hours in a week, he/sh~ shall be paid for the overtime at a rate of pay not less than one and one half (1 %) times his/her regular rate of pay.

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10.02 Subject to approval in writing by the Executive Director or designate and subject to operational requirements, all 9ompensatory time off shall be taken no more than three (3) days in a row. The e;mployee shall provide at least two (2} weeks' notice to the Employer for compensatory time off.

10.03 Except in the case of emerge~cy, all overtime shaJI be authorized and approved in advance by the Executive Director or his/her designate.

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ARTICLE 11 - SENIORITY

11.01 (a}

(b)

(c)

I Seniority is defined as the length of continuous service in the bargaining unit from the last date of I hire with the Employer. An employee who has completed her probatidnary period as set out in Article 11.02 below, shall have her name placed bn a seniority list with seniority effective on the date the employee commenbed work for the Employer. Seniority for part-time employees is calculated on the basis of hours worked for the Employer.

The Employer shall ma'intain a separate seniority list for full-time and part­time employees showihg the date upon which each employee's service commenced. I

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It is understood and a~reed that seniority and service are separate and distinguishable. I

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:11.02 (a)

(b)

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Probationary Period fir Full-Time Employees I I

• A new employee will b~ on probation and will not acquire seniority until the employee has comple~ed a probationary period of four (4) continuous months of employmen~. When an employee acquires seniority, his/her seniority shall date back to the date on which his/her employment began. The dismissal for just ~use of a probationary employee shall not be the subject of a grievance. i

I Probationary Period for Part-Time Employees

A new employee will bJ on probation and will not acquire seniority until the employee has complet~d a probationary period of six hundred (600) hours of employment. When an employee acquires seniority his/her seniority shall date back to the date oniwhich his/her employment began. The dismissal for just cause of a probationary employee shall not be the subject of a

• I gnevance. !

11.03 (a) The part-time seniority list will indicate an employee's seniority by showing the total number of years, months and days of seniority held by that employee accumulated: as provided in subsection (b).

I (b) Seniority shall be det~rmined on the basis of actual hours worked by

converting such hours into years, months and days. For the purposes of conversion, seven and :One half (7Y2) hours shall be considered as one (1) seniority day and twenty (20) days worked shall be considered as one (1) seniority month and twelve (12) months worked shall be considered as one (1) seniority year. I .

(c) Part-time employees s~all be credited with their seniority earned as a part­time employee if transferred to full-time work. A full-time employee shall be . credited with her seniority earned as a full-time employee if transferred to part-time work. Such ~mployee shall accumulate seniority in accordance

· . with Article 11.03(b). I

11.04 An employee shall lose all seniority and shall be deemed terminated if:

I (a) the employee quits; 1 I

(b) an employee is discha~ged and the discharge is not reversed through the grievance and arbitrati9n procedure;

I (c) an employee is absent (rom scheduled work for a period of three (3) or more

consecutive working days without notifying the Employer of such absence and providing a reason :satisfactory to the Employer;

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(d)

(e)

(f)

( •. (. an employee fails to return to work upon the expiration of a leave of absence or utilizes a leave of ab$ence for a purpose other than that for which it was granted; i

i an employee has been laid off for twelve (12) months;

.. an employee fails, upori being notified of a recall, to signify her intention to return within five (5) wor~ing days after she has received the notice of recall and fails to report to work within ten (1 0) working days after she has received the notice of recall;

(g) an employee's absence due to illness or disability, which absence continues for fifteen (15) months.

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11.05 (a) The Employer shall notify employees who are to be laid off ten (10) working days prior to the effectiv~ date of lay-off, or award pay in lieu thereof, unless a greater period of not,ice is required by legislation, in which case such greater period of notice,l or pay in lieu thereof, shall be given.

I (b) · The Employer agrees that it will discuss the scheduled lay-off with the

employees concerned: and the Union as per above prior to its implementation. I ·

11.06 (a) In the event of a lay-off, the Employer shall first consider the lay-off in reverse order of seniori~ within the classification. In order to provide for employees remaining oh the job having the ability to perform the available work, where the skill a~d ability of employees within the. classification are relatively equal, the least senior employee shall be laid off.

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i (b) An employee who is subject to lay off may displace an employee who has

lesser bargaining unit s~niority in a lower or identical paying classification in the bargaining unit if the employee originally subject to lay-off has the necessary skill, ability ahd qualification to perform the work with a ten (1 0) day orientation period. 1

11.07 In determining the ability of ani employee to perform the work for the purposes of paragraph 11.06 above, the E11i1ployer shall not act in an arbitrary or unfair manner.

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11.08 No new employee shall be hire~ to replace laid off employees until they have been given an opportunity to return t6 work and have failed to notify the Employer of their intention to do so. [

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• , .• ~ 1.09 It is the sole responsibility of ~he employee who has been iaid off to notify the

Employer of his intention to retwrn to work within five (5) working days (exclusive of I .

Saturdays, Sundays, and paid holidays) after being notified to do so by registered mail, addressed to the last add tess on record with the Employer, which notification shall be deemed to have beeri received on the second day following the date of

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mailing, and to return to work ~ithin ten (1 0) working days after being notified. The notification shall state day and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. • .

. I 11.10 A laid off employee shall retain ~he rights of recall for a period of twelve (12) months

from the date of lay off. ·

11.11 The seniority list will be reviseq by the Employer twice annually. A copy of the list shall be reviewed by the Unio~ and agreed on by both parties and a copy will be given to the Union and a copy posted by January 1st and July 1st each year on the Union bulletin board. :

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ARTICLE 12 ·VACANCIES. JOB POSTINGS. PROMOT.IONS AND TRANSFERS

12.01 All cases of filling permanent v~cancies, promotions and transfers shall be based. . on the following factors: !

(a) Skill, ability.and qualifications, and I

(b) . Seniority. I .

Where the factors in factor (a) ,are relatively equal, seniority shall govern.

12.02 If no current employee is qu~lified to fill the vacancy, there will be an outsid-e competition. It will then be the Executive Director's decision to fill the position with a qualified applicant. I

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12.03 If the successful applicant is an internal employee he/she should be able to perform the primary functions of the job after an orientation period of ten (1 0) days. Should an employee be unable to perform the new job after four (4) weeks from beginning such job inclusive of the ten (1:0) day orientation period, the employee can revert back to their former position. j . .

~ 2.04 When the Employer decides tp fill a vacancy or a position is created inside the bargaining unit, the Employer shall notify the Union in writing and post notice of the position on the bulletin board mutually designated for this purpose.

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This notice shall be posted forb period of not less than five (5) days. I I

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12.05 Such notice shall contain the following information: nature of position, qualifications, required knowl~dge and education, shift, wage or salary rate or

I range. · ·

12.06 All current employees shall b~ given first consideration for the posted position. Where there are no qualified applicants from within the Trenton MFRC, the Employer will consider applications from persons outside of the employ of the

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Employer. Each applicant will be informed in writing of the outcome of the job posting within five (5) working days of the final decision having been made. A copy will be retained by the Employ~r for the successful applicant's file. The applicant's letter of acceptance will also be kept on file.

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12.07 The Union shall be notified of ~II appointments and recalls within five (5) working days. I

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12.08 Job postings will not be requir«rd to fill a position in a special or pilot project. I

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ARTICLE 13- DESIGNATED HOLIDAYS I I

13.01 There shall be ten (10)desigrlated and two (2) holidays with pay. The following . days shall be designated as holidays:

New Year's Day Ontario Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Sovereign's Birthday Christmas Day Canada Day I Boxing Day

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Two (2) float days to be taken at the mutual convenience of the Employer and the individual employee. I

I 13.02 Employees are entitled to the designated holidays with pay listed in Article 13.01

when they:

(a)

(b)

(c)

have worked the scheduled workday prior to the holiday or day designated as such and the schedu

1

led workday after the holiday or day designated as I

such, unless the failure to do so is due to a provable personal injury or illness; ,

i have been employed with the Employer a minimum of thirty (30) calendar (jays; ! ·

are not on authorized leave of absence without pay.

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• ( •. 13.03 An employee who is entitled to a designated -holiday and is required to work on that

holiday will be:

(a)

(b)

paid at the rate of one and one-half (1 %) times her regular rate for the hours worked in addition to h~r regular wages for the day; or .

paid at the rate of one ahd one half (1 %) times her regular rate for the hours worked and be given a holiday with pay at some other time convenient to her and the Employer.

13.04 Where a designated holiday! falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a day off with pay at a time convenient to her and het Employer. · ·

I 13.05 When an employee is not entitled to a paid designated holiday and she is required • to work on a designated holiday, she will be paid at one and one half (1%) times her ' regular rate. I

ARTICLE 14 • VACATION I

14.01 In addition to the days off as Jer Article 13, employees will be entitled to vacation with pay as follows:

(a)

(b)

(c)

(d)

.Employees with less than one (1) year of service, ten (10) days vacation at four percent (4%) of earnings;

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Employees with more than one (1) year but less than five years will be entitled to fifteen (15) d~ys vacation at six percent (6%) of earnings;

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Employees with more than five (5) years service but less than twelve .(12) I

years will be entitled to:twenty (20) days vacation at eight percent (8%) of earnings; i

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I Employees with more than twelve (12) years service but less than twenty (20) years will be entitled to twenty-five (25) days vacation at ten percent (10%) of earnings; ·

(e) Employees with twenty, (20) years service or more will be entitled to thirty (30) days vacation at tWelve percent (12%) of earnings.

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I 14.02 An employee shall not be permitted to accumulate his/her vacation from one year

to another.

14.03 Employees shall receive vacation at any time during the year. I

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• (. 14.04 Vacation schedules shall be ~osted by April 1st of each year and shall not be

I changed unless mutually agreed by the employees and the Employer.

I 14.05 (a) Where, during his/her vacation, an employee is otherwise entitled to disability

benefits, sick leave, or ahy other approved leave of absence, he/she shall be entitled to take her vac~tion with pay, or the part thereof which has been displaced, at another tit:ne or may elect to renounce his/her sick leave or other benefit and take a paid vacation during the period of convalescence by

(b)

mutual agreement. / I

Leave without pay associated with one's vacation period may be granted according to the employee's vacation entitlement. All paid leave must be

. used prior to any leave Vfithout pay. The granting of such leave is at the sole discretion of the Employer, considering the operational needs of the organization and the granting of such leave shall not be unreasonably denied. '

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14.06 An employee who is terminate(j or who terminates will be granted vacation pay as a percentage payment only, in accordance with their vacation entitlement. In the event an employee has received an advance payment on their vacation leave, the Employe~ reserves the right tol collect any overpayment. .

14.07 Vacations will be assigned by seniority. Each employee will indicate which vacation weeks they wish to take and the Employer will post a completed vacation schedule by April 1" of each year. I .

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ARTICLE 15 • LEAVE GENERAL I , I

15.01 The Employer will maintain t~e payment of 'fifteen percent (15%) pay in lieu of benefits for all full-time employees.

I 15.02 The Employer agrees to provide maternity/paternity leave of absence as per the

I Canada Labour Code. I

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15.03 (a) Full and part-time employees will be given leave with pay for three (3) days immediately following t~e death of a member of his/her immediate family and leave with pay for one (1) day in the case of a distant relative. In addition, he/she may be granted I up to two (2) days leave with pay for the purpose of necessary travel related to the death. Part-time employees will be granted bereavement leave co~tained in this Article 15.03 if, immediately following the death, they are scheduled to work. The leave will be comprised of only the consecutive days ~chedul~d to be worked and will be pro-rated to the employee's scheduled hours.

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(b)

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(. For the purpose of this Agreement, immediate family will comprise any one of the following:

Brother, sister, mother, 1

father, father-in-law, mother-in-law, husband, wife, common-law spouse and/or partner, step parents, step children, son,· daughter, son-in-law~ daughter-in-law, grandparents, · grandson, granddaughter, brother.;

1in-law, sister-in-law and spouse's grandparents;

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and distant relatives will be any of the following: I

or any relative permanently residing in the employee's household or with whom the employee re~ides.

(c) If the periods mentioned above contain one or more non-working days (for example, Sunday or day off), the employee may claim payment only for the actual days of work' he/she will have missed. ·

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15.04 Jury Duty

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The Employer shall grant a leave of absence without loss of seniority to an employee who serves as a juror or Crown witness in any court. The Employer shall pay such an employee the difference between her normal earnings and the payment he/she receives for j~ry service or court witness, excluding payment for travelling, meals or other expenses. The employee will present proof of service and the amount received. Time spent by an employee required to serve as a court witness in any matter arising out of his/her employment shall be considered as time

I worked at the normal rate of p~y. .

15.05 (a)

(b)

(c)

The Employer may gra11t a leave of absence for personal reasons for up to three (3) consecutive mbnths without pay or without loss of seniority to any employee requesting such leave. Such request shall be in writing to the Executive Director in acbordance with subsection (b) and the granting of any such leave is subject to[the discretion of the Executive Director.

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All leaves of absence shall be requested in writing not less than four (4) weeks in advance of the required leave. The Executive Director shall notify the employee in writingl at least two (2) weeks in advance of the required leave, whether or not th~ leave of absence has been granted.

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Compassionate leave wlnay be granted at the discretion of the Executive Director to an employee to a maximum of three (3) working days per year, without pay, for reasohs which are unavoidable, extraordinary or on the grounds of compassion! No leave may be taken without formal approval of the Executive Director or his/her designate.

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• (. 15.06 All full-time employees will be entitled to fourteen (14) days of paid discretionary

leave annually to be used to cover absences related to illness and personal matters. !

i ARTICLE 16- GRIEVANCE PROCEDURE

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16.01 For purposes of this Agreem~nt, a grievance is defined as a difference arising I

between the parties relating to the interpretation, application, administration or alleged violation of tlie Agreenient including any question as to whether a matter is arbitrable.

; . 16.02 It is understood that an employee has no grievance until the matter has first been .

discussed informally. The ~mployee is encouraged to discuss it as an oral complaiAt with the individual! concerned, either privately, or, if desired, in the presence of a third party. If th'e employee is not satisfied with the result, a formal grievance may then be prese~ted.

STEP NO. 1 - The employees: must submit a written grievance to their immediate supervisor. The grievance shall specify the Article or Articles of which a violation

I

is alleged and shall contain a !statement of the facts relied upon and indicate the relief sought. Such grievance must be submitted within five (5) working days. of the employee becoming aware ofl the occurrence of the event which gave rise to the grievance and must be signeCi by the employee claiming to be aggrieved. The

. employee may be accompani~d by his/her steward. The supervisor shall submit the answer in writing fifteen ( 15) vyorking days of filing of the grievance as Step No. 1.

STEP NO. 2- Within five (5) w~rking days after the decision is given under Step No. 1, the employee and/or the Union steward may submit the grievance to the Executive Director who shall ~rrange a meeting as promptly as possible between the Union Representative and the Executive Director. · The Executive Director will render his/her decision in writi~g within thirty-five (35) working days following such meetings .

. 16.03· It is understood and agreeJ that the grievor may be assisted by a Union Representative of their choi~ at all steps of the grievance procedure.

. I 16.04 The time limits stipulated in the grievance process may be extended by mutual

. agreement of the Employer a~d the grievor. · · I

:16.05 In determining the time within which any action is to be taken in the grievance process, Saturdays, Sundays; and designated holidays shall be excluded.

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14

.-· • ARTICLE A16- POLICY AND·GROUP GRIEVANCES

A16.01

A16.02

A16.03

I I .

It is understood that the Employer may bring forward at any meeting held with the Union Executive Comrf,ittee any complaint with respect to the conduct of officers, committeemen or Union Representatives and if such complaint by the Employer is not settled to t~e mutual satisfaction of the conferring parties it may be treated as a grievance1 and referred to arbitration in the same way as a grievance of an employee. ifhe policy grievance procedure shall not be used for processing individual grievances. ·

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Similarly, the Union shall have the right to process policy grievances.

I All policy grievances shall be initiated in writing at Step No. 2 of the grievance procedure. I

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.A 16.04 On mutual agreement of th:e parties, grievances arising out of the same matter may be consolidated as a ·rgroup policy grievance".

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ARTICLE 816 - DISCHARGE AND SUSPENSION CASES

816.01 A claim by an employee lho has successfully completed the probationary period that he/she has be~n discharged or suspended without just cause shall be treated as a grievance i~ a written statement of such grievance is lodged with the immediate supervisor a~ per Step One of the grievance procedure within five (5) working day:;; after the former employee ceases working for the Employer. Such special grievance m~y be settled by mutual agreement at any time by:

· (a) confirming the management's action in dismissing or suspending the employee; or J .

(b) reinstating the emplbyee with full compensation for time lost; or I .

(c) any other arrangem~nt which is just and equitaple in the opinion of the parties. I

I ARTICLE C16 .. DISCIPLINE CASES

I C16.01 (a) The Employer mayjtake disciplinary action against an employee within

fifteen (15) days qf the incident giving rise to the discipline. The employee and the Union shall then be promptly notified in writing of the disciplinary action. Any disciplinary action may be subject of a grievance.

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(b) The Employer may ~mly discipline an employee for just cause. I

15

• • ARTICLE 016 -ARBITRATION .PROCEDURE·

016.01

016.02

016.03

016.04

016.05

016.06

016.07

After the grievance proced~re as s~t out in Articles 16, B16 & C16 above has been exhausted, and before an Arbitrator or Arbitration Board is contacted under this Article, either party may seek the services of a Grievance Mediation Officer to assist in resolving the parties' differences. It is agreed that the services of a

I

Grievance Mediation Officer will only be retained on the written consent of both parties. In the event a Gri~vance Mediation Officer is appointed, a referral to arbitration shall be delay~d until after the Grievance Mediation Officer has conducted a meeting ofthejparties. The parties shall jointly share the expenses of the Grievance Mediation Officer.

I

Should either party wish tQ refer a grievance to arbitration, written request for arbitration shall be made by mail and/or fax to the other party within twenty-five (25) calendar days of recei'pt of the last written disposition.

The party requesting a.rbitrltion shall indicate it its written request, the nam.e of its nominee to the Arbitration Board.

. ! Within fourteen (14) calen~ar days thereafter, the other party shall answer by mail and/or fax by indicating the name and address of its nominee to the Arbitration Board. The two

1nominees shall then select an impartial chairperson,

so that the Arbitration Board will be composed of one (1) person appointed by the Employer, one (1) perspn appointed by the Union and a third person to act as chairperson chosen by the other two members of the Board.

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If either party fails to appoi~t a nominee within the limits set above, or if the two nominees fail to agree upoh a chairperson within ten (1 0) working days of their appointment or within such[time as may be agreed upon, upon request of either party, the Minister of Labo~r of Canada may be asked to nominate a person to act as chairperson.

The decision of the majoritY shall be the decision of the Board. Where there is no majority decision, the decision of the chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all parties, but in no event shall a Board of Arbitration have the power to change this Agreement, or to alter, modify or amend any of its provisions, or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement.

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Each part shall pay: I I

(a) · the fees and expen~es of its nominee to the Arbitration Board; and.

I . (b) one half (Ya) of the fees and expenses of the chairperson.

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016.08

016.09

• r·e Single Arbitrator- By mutual agreement, the parties may elect to have a single arbitrator hear the matter in dispute instead of a three person Board. In such case, the party wishing to submit the issue to arbitration should indicate in its notice of intent to arbitrat~. that it would like the matter heard by a single arbitrator. The recipient of the notice shall inform the other party within ten (1 0) days of receipt of the notice1l1

if it is agreeable or not to the matter being heard by a single arbitrator. If so, the parties shall endeavour to select the single arbitrator. Failing agreeme'lt within twenty-five (25) days or such time as agreed by the parties, Article 016.04 shall be followed. With the necessary changes being made, the single arbit~ator shall be bound by all clauses of Article 016.00 in the same manner as an trbitration Board.

Regardless of the manner in which a dispute proceeds to mediation or arbitration, the parties agrek that, where practicable, they will proceed with all due haste. I

ARTICLE 17- WAGES · ,

11.01· An employee shall be paid fdr services rendered at a rate of pay specified in , Appendix "A" for her job title inlaccordan.ce with the time limits outlined in the rate

of pay scale. On promotion, an: employee shall go to the next rate on the pay scale which would provide the employee with a wage increase.

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17.02 All new employees shall, effective the date of hiring, be paid start rate as specified in Appendix "A" for their job category.

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17.03 If an employee is appointed byithe Employer to temporarily perform the duties of a higher classification in the b~rgaining unit, she shall receive the rate for the temporary position which would give her a raise.·

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17.04 An employee who reports for Jcheduled work without being notified not to report · shall be granted three (3) hoJrs pay for the day, unless sent home because of

I

reasons beyond the control of the Employer. I

17.05 Pension I

(a) Effective April 1st, 2000, !the Employer agrees to contribute to the Canadian Commercial Workers Industry Pension Plan (Pension Plan) five (5) cents per hour for all hours paid for full and part-time employees to a maximum of thirty-seven and a half 1<37 Y2) hours per week. Hours shall not include weekly indemnity paylljlents. Effective April 111

, 20002 the Employers contribution shall increase by three (3) cents per hour for a total contribution of eight (8) cents per htr.

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(b)

(c)

• (. The Employer agrees t9 sign the participation agreement and supply any other documents, form~. reports or information required by the Trustees of the Pension Plan. I · .

The Employer shall folard all- contributions together with a list of all employees covered an:d the number of hours paid per week for each employee in each reporting period, within fifteen (15) days following the end of each of the Employe~'s four (4) or five (5) week accounting period.

ARTICLE 18 - EMPLOYEE FILE I I

18.01 Where the Employer serves a ~ritten warning notice to an employee regarding her work conduct, which will become a part ofthe employee's permanent record, a copy of such notice shall be hand~d to the employee and another one to the Union Steward who will be present unless the employee requests that he does not attend.

,18.02 Notice of disciplinary action w~ich may have been placed on the personnel file of an employee shall be destroyed after eighteen (18) months has elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.

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18.03 An employee shall have the right to inspect their personnel file upon giving the Employer forty-eight (48) hours advance notice.

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I ARTICLE 19 - UNION BULLETIN BOARDS

.19.01 The Employer agrees to providk a bulletin board within the central work area for the exclusive use of Union bulletins and materials.

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ARTICLE 20 - NO STRIKES - NO LOCKOUTS I I

20.01 In view of the orderly procedu~e established by this Agreement for the settling of disputes and the handling of gri,evances, the Union agrees that during the life ofthis Agreement, there will be no strike, slowdown or stoppage of work, either complete or partial, and the Employer agrees that there will be no lock-out.

18

• ARTICLE 21 - NO DISCRIMINATION

21.01 The Employer and the Union a~ree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either of them or by any of their representatives or menibers because of any employee's membership in the Union or because of his/her aqtivity in the Union. ·

21.02 The Employer and the Union agree that there shall be no discrimination against any employee because of his/her race, creed, colour, sex, sexual orientation, marital status, nationality, ancestry or place of origin.

ARTICLE 22 - MEETINGS

22.01 Members of the bargaining unit who are required to attend meetings called by the Employer shall be paid for su~h time at her regular rate of pay.

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.ARTICLE 23 - RECOVERY OF SHORTAGES I

23.01 Shortages that occur to the Trenton Military Family Resource Centre property, stock or cash will be recovered in adcordance with the following:

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(a) Employees assigned ~esponsibility for, and who have sole control. and access of the Trenton fv1ilitary Family Resource Centre property, stock or cash, will be required to reimburse the Employer for any shortages that occurred during the peripd thattheemployee had such responsibility, control and access. ·

(b) The Employer reserves! the right to implement disciplinary action, including suspension or discharg~. in circumstances where a particular employee has consistently demonstrated an inability to safeguard the Employer's interests and assets. Any discip,inary action will be subject to the normal grievance and arbitration procedures.

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I ARTICLE 24- TERMINATION OF AGREEMENT

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24.01 The Agreement shall remain in fulf force and effect from April 15\ 1999 to March

31st, 2003 and shall continue ih force from year to year thereafter unless no more than ninety (90) days before thb date of termination either party furnishes the other· with "Notice to Bargain" intent ito negotiate revisions of this Agreement.

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re SIGNED at ____ , Ontario this __ day of _____ , 1999.

ON BEHALF OF THE TRENTON MILITARY FAMILY RESOU CENTR

20

ON BEHALF OF THE U.F.C.W. LOCAL 175

E.C.E.

Asst. E.C.E. & Cook/Cleaner

E.C.E.

Asst. E.C.E. &

E.C.E.

Asst. E.C.E. & Cook/Cleaner

•

8.61

7.87

8.70

7.95

8.79

8.03

APPENDIX "A"

WAGE RATES

I

9.15

I 8.!14 8.40

9.24

8.48

9.33

8.56

21

•

9.40 9.68 9.91 10.22

8.67 8.94 9.21 9.47

9.49 9.78 10.01 10.32

8.76 9.03 9.30 9.56

9.58 9.88 10.11 10.42.

8.85 9.12 9.39 9.66

E.C.E.

Asst. E.C.E. & Cook/Cleaner

(.

8.92

8.15

9.47

8.69

22

9.72 10.03 10.26 10.58

8.98 9.26 9.53 9.80

Co-ordinator: -Information - Quality of Live -Intervention -Volunteer -Child & Youth - Employment Assistance - Deployment & Emergency

Francophone Community Counsellor

Day Nursery

• CLASSIFICATION TITLES

& TE STRUCTURE

Probation $33,840 $34,348 Rate

12 Months

24 Months

36 Months

11.64

11.81

34,560

35,280

36,000

12.14

12l.o5 I

12.32

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23

35,078

35,809

36,540

12.40

12.57

(.

$34,691 $35,038 $35,564

35,429 35,783 36,320

36,167 36,529 37,077

36,905 37,274 37,834

12.66 12.93 13.19

12.85 13.13 13.39

Francophone Community Counsellor

Francophone . Community Counsellor

Francophone Community Counsellor

Day Nursery

•

11.93

12.05

12.23

NOTE: An employee who moves to the next highest rate in that new c 15

\ 1999.

r· • .•

1217 12.45 12.71 12.98 13.26 13.52

12.57 12~84 13.11 13.39 13.67

12.76 13.03 13.59 13.86

one classification to a higher classification will move sification plus one (1) additional step effective April

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• I (.

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LETTER/OF UNDERSTANDING

RE: U.F.C.W. Education and Training Fund i I I

It is hereby understood and agreeld that the Employer will pay four hundred . dollars : ($400.00)totheU.F.C.W. Education

1andTraining Fund commencingonApril1 5

\ 1999and every two (2) years thereafter. ,

I

u ~4 wlf/(1 J:1.

SIGNED at~---""''--""'-=~~~ Ontariolthis __:i_ day of :u~~99. ON BEHALF OF THE TRENTON MILITARY FAMILY RESO E CENTRE

25

ON BEHALF OF THE U.F.C.W. LOCAL 175

• /·

LETTE~ OF UNDERSTANDING

RE: Reduction in Fees

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It is hereby understood and agreed t1hat when an employee's child or children are enrolled

in the child care services provided by the Employer. the employee will receive a fifteen percent ( 15%) reduction of the fee n~rmally paid for the provision of the child care services.

SIGNED at ·~ , Ontario this '1 ~day of ~, 1999.

ON BEHALF OF THE TRENTON MILITARY FAMILY RESOU CENT

26

ON BEHALF OF THE U.F.C.W. LOCAL 175

. . • • LETTER OF UNDERSTANDING

RE: Mileage Rates

It is hereby understood and agreed .!that the Employer will pay mileage at the rate of thirty­three cents (33¢) per kilometre for: employees required to use their personal vehicle in ·performing their duties for the Employer. ·

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SIGNED at ~ , Ontari~ this ~day of ~ , 1999. I

ON BEHALF OF THE TRENTON MILITARY FAMILY RESOU C CENTRE

~1,1999 ! c:\Mastet\Collecllve AgreementsiHOPE\Family Resource Centre Slg.Wpd

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ON BEHALF OF THE U.F.C.W. LOCAL 175 .