COllECTIVE AGREEMENT

(ASSUMPTION CEMETERY)

EffECTIVE DECEMBER 1 sTv 2011 TO NOVEMBER 30TH; 2014

BETWEEN

lABOURJERSu INTERNATIONAl UNION Of NORTH AlMERICAv lOCAl 506

., AND =

CATHOliC CEMETERIES., ARCHDIOCESE Of TORONTO

ARTICLE 1 - PURPOSE OF AGREEMENT .................................. ,........... 4

ARTICLE 2 - RECOGNITION AND SCOPE ...... ,...................................... 4

ARTICLE 3 - DUES DEDUCTION .............................. , .... ,,.,., .......... .,... 4

ARTICLE 4- RELATIONSHIP................................................................ 6

ARTICLE 5 - MANAGEMENT RIGHTS .................... ., ............................... 6

ARTICLE 6- NO CESSATION OF WORK .................... , ........................... 7

ARTICLE 7 - UNION REPRESENTATION ................................................. 7

ARTICLE 8 - GRIEVANCE PROCEDURE .................. , ...... ,..................... 9

ARTICL.E 9- AR~IT~TION ................................................................ 11

ARTICLE 10 """ SENIORITY DDDDDDDCQDDDDIJJ;:IIDDQQDQDCIIIIDDDQOIJDDIIDDIIDilDDDDDilllDDDDDDDDDDDDDDDiltrDDDD 12

ARTICLE 11 - HOURS OF WORK AND OVERTIME .................................. 15

ARTICLE 12 - PUBLIC HOLIDAYS ......................................................... 19

ARTICLE 13 .... VACATIONS DDDDDDDDDDCDDDCIIGDIJCDDDIICIIDCDDDDDDDDDDDilDDDDDDDDDDDDDIIDDIICDDDDDDDIID 20

ARTICLE 14- BEREAVEMENT LEAVE .................................................... 22

ARTICLE 15 .... JURY DUTY aaoaaaaaDaaaoaaaoaaaaaccauaaaaacaaaaaDcacaaaaaa a.aaoaaacDaccacacccauc 23

ARTIClE 16 -ABSENCE FROM WORK ................................................... 24

ARTICLE 17 - lEAVE OF ABSENCE ....................................................... 27

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ARTICLE 18 - PERSONAL PROTECTIVE EQUIPMENT ..................... ,. ... ,.. 27

ARTICLE 19- HEALTH & SAFETY COMMITTEE. ..................................... 29

ARTICLE 20- GROUP INSURANCE ....................................................... 29

ARTICLE 21 - PENSION PlAN .............................................................. 30

ARTICLE 22 - DISINTERMENTS ........................................................... 31

ARTICLE 23 - BULLETIN BOARD .......................................................... 32

ARTIClE 24 - JOB POSTINGS .. ,. .......................................................... 32

ARTICLE 25 -TRAVEL AllOWANCE ..................................................... 35

ARTIClE 26.:.. RATES OIF PAY ................. ,. ............................................ 36

ARTICLE 27""" DURATION OllDDtiCODDDDDDDODDDDDDDDDtiDQDDDDOOQGDDDbDDDIIDDIIDIIIIODtiDDIIDODIIDDDtiii.DDDil 37

ARTIClE 28 - GENDER NEUTRAliTY,, ..... ,,,,,,, ...... .,, ......................... 38

SCHEDULE "A" - LEITER Of UNDERSTANDING (Negotiations) ..... ,. .... ,. .. 39

SCHEDULE "81' - LEITER Of UNDERSTANDING (Saturday Off) .. ,. ........... 40

SCHEDULE "Cv - lEITER Of UNDERSTANDING (Cemetery Prayer Gardens) a aD a II DaD D D II a aD a aDD DaD a a 11 aD II D a a aDD a a a II D II II D D a II 0 D D D D a a aDD DaD a II a 0 II II II D D 41

SCHEDULE "0 11 - LEITER OF UNDERSTANDING

(labourer Management Committee) ...................................................... 42

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ARTIClE 1 = PURPOSE Of AGREEMENT

jJ..01 The general purpose of this Agreement is to secure the full benefits of orderly collective bargaining, and a prompt and an amicable method of settling any differences which may arise between the parties and to set forth the conditions of employment to be observed by the Employer and the Union, having regard to the need to maintain the highest degree of operating efficiency and the rights of the employees recognized by this Agreement

1"02 This Agreement sets forth the entire agreement on rates of pay, hours of work and other conditions of employment. Amendments to this Agreement may only be made in writing on the agreement of both parties.

ARTIClE 2 = RECOGNITION AND SCOPE

2"01 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Catholic Cemeteries- Archdiocese of Toronto in the City of Mississauga, save and except forepersons, persons above the rank of forepersons, students, grass cutters, persons employed for not more than twenty-four (24) hours per week, and office, clerical and sales staff. For the purpose of this Collective Agreement, any references to "Emp~oyee(s)" shai! be defined as "Bargaining Unit Employee(s)".

ARTIClE 3 = DUfES DEDUCTION

3"01 The Employer agrees to deduct an amount equivalent to the regular monthly Union dues from each employee in the bargaining unit.

35"02 The amount of the regular monthly Union dues shall be those authorized by the Union in accordance with the provisions of its By-laws and Constitution and the Treasurer of the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authority to make the deductions specified.

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3.03 In consideration of the deduction and forwarding of Union dues by the Employer, the Union agrees to indemnify and save the Employer harmless against any claim of liability arising out of or resulting from the operation of this Article, except where the claim arises from an error which is solely attributable to the Employer.

3.04 Dues deductions shall become effective in the month in which the employee was hired. The deduction shall be made from the last pay in each calendar month and forwarded to the Treasurer of the Union within ten (10) days of such pay on which the deductions were made, along with a list of those employees from whom Union dues have been deducted including the amount of such deductions and a list of employees from whose pay no deduction has been made and the reasons therefore.

3.05 (a) Upon commencement of employment, all new employees will be advised of the existence of the Union and the conditions relating to the payment of an amount equivalent to monthly Union dues. Such Union dues or payment equal to the regular monthly Union dues shall be deemed as condition of employment

(b) A Union business agent and/or Shop Steward may interview each new emp~oyee upon completion of thirty (30) worked days, for the purpose of informing the employee about this Collective Agreement The business agent shall notify the Employer of the intended interview, which shall not exceed fifteen (15) minutes duration during regular working hours, at least 24 hours in advance. Such meeting is to take place in the cemetery office.

~.(0)15 The Empioyer agrees to print the amount of total dues deductions paid by each employee for the previous calendar year on the individual Income Tax T4 forms.

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ARTICiUE 4 =RElATIONSHIP

4.01 The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or by any of their representatives or members because of an employee's membership in the Union,

4.02 It is agreed that the Union and the employees will not engage in Union activities during working hours or hold meetings at any time on the premises of the Employer without the permission of the Manager, Where the Manager gives permission under this Article, the meeting or other activity shall take place at the location and on the terms specified by the Manager, Time taken for meetings or activities specified under this Article shall not be considered time worked and shall not be paid for by the Employer. Notwithstanding Article (3,05 (b)),

ARTIClE 5 = MANAGEMENT RIGHTS

5.01 The Union recognizes and acknowledges that the management of the Employer and the direction of the working forces are fixed exdusiveiy in the Employer. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) Maintain order, discipline and efficiency;

(b) Hire, promote, assign, direct, demote, classify, transfer, layoff, recall and retire employees, and, for just cause, to suspend, discharge or otherwise discipline employees, and to discipline or discharge any probationary employee for any reason satisfactory to the Employer, provided that in doing so it does not act in bad faith;

( (6} Make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the employees provided such rules and regulations do not conflict with the provisions of this Collective Agreement; (Where the Employer creates new

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rules and regulations or alters existing rules and regulations, the Employer shall give the Union prior notice of the new or amended rules and regulations.

(d) Determine the nature and kind of business conducted by the Employer, equipment to be used, the methods and techniques of work, the content of jobs, the scheduling of shifts and overtime, the number and type of employees to be employed, the extension, limitation, curtailment or cessation of operations or any part thereof including the closing of any facility, or part thereof and to determine and exercise all other functions and prerogatives heretofore invested in and exercised by the Employer which shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement;

( ~) Have the sole and exclusive jurisdiction over all operations, buildings, facilities and equipment

ARTIClE 6 = NO CESSATION Of WORK

6.01 The Union agrees that there will be no strikes so ~ong as this Agreement continues to operate. The Employer agrees that there will be no lock-outs so iong as this Agreement continues to operate.

ARTIClE 7 = UNION REPRIESIENTATION

7! .01 The Union may appoint or otherwise select one Union Steward, at each unionized location of the Employer where the Employer has more than three (3) full-time bargaining unit members employed. Such Steward shall be a member of the bargaining unit for at least 12 months and a full-time employee. The name of the steward shall be given in writing to the Employer. The Employer shall not be required to recognize the steward until it has been so notified.

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:!\02. The Union may appoint or otherwise select one alternate steward, The Employer shall recognize both the regular Steward and the alternate Steward in the same manner but not simultaneously and not for the same matter,

1.03 The Union acknowledges that stewards have their regular duties to perform on behalf of the Company and accordingly, it is agreed that the privilege of stewards to leave their work without loss of basic pay to attend to Union business is granted subject to the following conditions:

(a) Such business must be between Labour and Management; or for a potential grievance, the nature of which reasonably necessitates the Steward's immediate attention,

(b) The time so taken shall be devoted to the prompt handiing of necessary Union business;

(c) The Steward concerned shall obtain the permission of management before leaving his work, Such permission shall not be unreasonably withheld; and

(d) The Employer reserves the right to limit the time taken if the time taken is excessive,

1.04 If the steward requests time off for the purposes of servicing grievances under this Agreement, the steward shall advise his/her immediate supervisor of his/her business and shall report to such supervisor at the time of return to work, subject to permission being granted under Article 7,03,

7.05 The Employer agrees to pay one employee on the Union's Negotiating Committee his/her regular (non-overtime) wages for time spent in negotiating meetings, which occur during the employee's regular scheduled working hours, between the Employer and the Union, with regard to the renewal of this Agreement Such payment shall cease once the conciliation process under the Ontario Labour Relations Act has begun,

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1"06 Representatives of the Union shall be granted access to the employer's premises during working hours, but in no case shall such visits interfere with the progress of work. Before entering the work areas, Union representatives will first advise the Manager or his/her designate of his/her intended visit. Permission for such access shall not be unreasonably denied.

7 "07 The Employer agrees a Steward or backup Steward will be allowed to attend any disciplinary meetings.

ARTIClE 8 = GRIEVANCE PROCEDURE

8.01 For the purpose of this Agreement, a "grievance" is defined as a difference arising from the interpretation, application, administration or alleged violation of any terms of this Agreement. It is agreed that it is important that differences are brought forward quickly and that sincere efforts are made to resolve them without undue delay.

8o02 For the purpose of this Article and Article 9 - Arbitration, reference to "days~~ relating to Steps in the grievance procedure shall exclude Saturdays, Sundays and paid holidays and vacations.

8"((1)3 STEP I An employee having a grievance must first take it up verbally

with his/her immediate supervisor as soon as possible, and in any event within five (5) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the employee, and attempt to resolve the grievance informally. A steward may be present at this stage upon request of the employee. The supervisor will verbally reply to the grievance in writing within one (1) day of receipt of the grievance.

8o04 STEP IX If the grievance is not settled at Step I, the employee may, with

the assistance of a steward if desired, verbally take up the grievance with the Manager or his/her designate for consideration, within five (5) days following the reply from the employee's immediate supervisor at Step 1. The Manager

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·- ----------------------------------------- ------------------------------- -·----.- ------------ -- - -------------------- -

shall deliver a reply, in writing, within five (5) days following the date that the grievance is brought to his/her attention by the employee,

8.05 STEP IJ[Il: If the grievance is not settled at Step II, it may be reduced to

writing and submitted to the Human Resources Department at the Employers' Central Business Office within five (5) days following the reply from the Manager Step IL The grievance shall include the nature of the grievance, the remedy sought, state the provisions of the Agreement which are alleged to have been violated, and shall be sufficiently specific to identify the alleged violations, The Union may request a meeting with the Human Resources Department within five (5) days after delivery of the written grievance, At this meeting, the parties may have such counsel or assistance as they may require, and the Union Representative may be accompanied by the griever and the steward, Human Resources shall deliver its reply, in writing, within five (5) days following the date of such meeting,

8.06 In the event of failure to act within the time limits, the grievance shall be deemed to have been abandoned, Any time limit in this Collective Agreement may be extended by the mutual agreement of the parties in writing,

8.01 Either the Union or the Employer shall have the right to file a grievance against the other based on the alleged violation of any term(s) of this Agreement A Union grievance shall not indude any matter upon which an individual employee would be personally entitled to grieve, All such grievances must be in writing, signed by the filling party and presented to the other party within ten (10) days of the occurrence of the circumstances giving rise to the grievance, A Union employer grievance shall be filed at Step III of the Grievance Procedure,

8.6))3 Where a number of employees have identical grievances and each employee would be entitled to grieve separately, the Union may file a group grievance identifying each of the employees affected, A group grievance shall be filed at Step II of the grievance procedure in the same manner as a policy grievance,

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8.09 Where no repiy is given to a grievance within the time limits

specified, the Union or the Employer, as the case may be, shall be entitled to

submit the grievance to the next step in the Grievance Procedure, or to

arbitration, as the case may be,

ARTiCLE 9 =ARBITRATION

9.01 Where a grievance which has been properly carried through all of

the steps of the Grievance Procedure outlined in Article 8 above, and has not

been settled, the Union or the Employer may refer the grievance to a Board of

Arbitration (the "Board") within ten (10) days of the reply at Step III of the

Grievance Procedure,

9.02 The Board will be composed of one (1) person appointed by the

Employer, one (1) person appointed by the Union, and a third person, to act

as Chairperson, chosen by the other two members of the Board, No person

may be appointed to the Board who has been involved in an attempt to negotiate or settle the grievance,

9.03 Within seven (7) calendar days of the request by either party for a

Board, each party shall notify the other in writing of the name of its appointee

to the Board,

9.04 Should the person chosen by the Employer to act on the Board,

and the person· chosen by the Union, fail to agree on a third person within

seven (7) days of the notification mentioned in Article 9,03 above, the Minister

of Labour of the Province of Ontario may be asked to nominate a person to.

act as Chairperson at any time thereafter.

9.05 The decision of a Board, or a majority thereof, constituted in the

above manner, shall be final and binding on both parties,

9.06 The Board shall not be authorized to alter, amend, add to,

substitute, subtract from or modify any of the terms of this Agreement, nor to

make any decision inconsistent therewith nor to deal with any matter that is

not a proper matter for grievance under this Agreement

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9JJ1 The Employer and the Union will each bear the expenses of its own appointee to the Board and the parties will jointly and equally bear the expense of the Chairperson of the Board.

ARTIClE 10 =SENIORITY

10.01 (a) With the exception of seasonal employees, seniority, as referred to in this Agreement shall mean the length of service in the employment of the Employer from the date of last hire. In all cases, when dealing with a tie breaker, non bargaining unit employees shall be placed at the bottom of the seniority list accordingly.

(b) Effective the date of ratification, if two or more seasonal or non­bargaining unit employees are hired into full-time positions on the same date, their placement on the fuU-time seniority list shall be determined as foilows: (H) a seasonal employee shall be deemed to have greater

seniority than the former non-bargaining unit employee; (nn) if the employees hired into the full-time positions on the

same date were all seasonal employees immediately prior to such hiring, seniority shall be determined by accumulated months of seniority as a seasonal employee; or

(uou) if the employees hired into the full-time positions on the same date were all non-bargaining unit employees immediately prior to such hiring seniority shall be determined by date of last hire.

:!L@.aJl2 (a} A seasonal employee for the purposes of this Agreement is defined as an individual hired for a temporary period at any time between the months of April and November in a calendar year.

(b )A seasonal employee shall retain his/her seniority for nine months from the last day worked by the employee in a calendar year.

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( «::) An individual hired as a seasonal employee is not required to complete a probationary period once recall rights are established,

( dl) In all cases, a seasonal employee shall be deemed to have less seniority than any other employee for the purposes of this Agreement

(e) Seniority for seasonal employees shall accumulate on the basis of completed months of active employment A seasonal employee will accumulate one month of seniority where he/she has worked a minimum of ten (10) shifts in a month,

(f) There shall be a separate seniority list for seasonal employees,

10.03 Probationary employees shall have no seniority but, upon completion of the probationary period of sixty (60) worked days, seniority shall be established and dated back to the time of hiring,

10.04(aJ) In the case of a layoff or recall, where two or more employees have the necessary qualifications, skill, and abiiity to perform the requirements of a position without any training, then seniority shall apply, Notwithstanding the above, a seasonal employee, hired after April 21, 2009 will only have recall rights if, during his first eight (8) months of service or full season of employment, his/her job performance was satisfactory to the Employer, he/she does not have any discipline on file, and his/her absenteeism was at or less than the annual CCAT Standard Rate of Attendance listed in Schedule A (prorated to the number of months worked by the employee in the first season),

(b) An employee or individual on layoff shall lose his/her seniority and be deemed to be terminated:

(H) once he/she has been laid off for a period of time which is equivalent to his/her accumulated length of service

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since the date of his/her last hire or nine (9) months whichever is shorter;

09) from the date in which he/she resigned from the employ of the Employer;

(Bun) from the date in which he/she is discharged and not reinstated under the terms of this Agreement;

(Ov) if he/she fails to notify the Employer of his/her intention to return to work, in fact, fails to return to work, within three (3) working days of receipt by registered mail of his/her notice of recall;

(v) if he/she is absent from scheduled work for three (3) consecutive working days without notifying the Employer of such absence and providing a reason satisfactory to the Employer;

{wa) if an employee utilizes any leave of absence other than for which the leave was granted, or fails to return to work after expiration of a leave of absence without providing a satisfactory reason.

:1l.Oa0.5 When a layoff is to occur or has occurred, the steward and the Union shall be advised of the layoff.

1Ca06 It shall be the responsibility of an employee or individual on layoff to keep the Manager or his/her designate advised of his/her current address. The Employer shall send notice of recall to an individual on layoff by registered mail to the last address supplied by the individual. Such notice shall be deemed to be received by the individual on lay-off on the third working day after the notice is sent by the Employer. Such notice shall include the date and time at which the individual is to report to work.

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10.07 Where the Employer is required to accommodate an employee

disability under the Ontario Human Rights. Code or is participating in the

rehabilitation of an employee who is returning to work from an absence

covered by the Workplace Safety and Insurance Act, the Union shall co­

operate with the Employer in such efforts. An agreement reached between

the Employer and the Union with respect to such accommodation and/or

rehabilitation shall prevail over any provisions of this Collective Agreement

which conflict with such agreement.

10.08 The Employer will provide to the Union and Steward and post in

the workplace on January 1st and July 1st of each year a seniority list showing

the name and date of hire of each employee in the bargaining unit, including

ali seasonal employees.

ARTICLE 11 = HOURS Of WORK AND OVERTIME

11.0:1 The normal work week shall consist of forty ( 40) hours, but this

shall not be a guarantee of hours of work, the hours of work per day, the days

of work per week, nor a guarantee of working schedules.

111..@2 (~) The scheduling of work shall be within the discretion of the

Employer.

(b) Notwithstanding article 11.02(a)1 employees will be

scheduled as follows:

(n) Annually during the period May 1st to October 31st, all

full-time employees, and all seasonal employees with at least

sixteen months of seniority, wiil receive one Saturday off in

every two on a rotating schedule. Annually the parties agree

to meet before December 1st for the purpose of discussing

whether it is feasible, in the Employer's sole discretion, for it to continue to operate on these basis.

(~i) Except for the period May 1st to October 31st and any other

periods agreed to in writing by the parties, employees will

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receive one Saturday off in every three on a rotating schedule,

(UB) Employees, other than seasonal employees, will receive one Monday off in every six on a rotating schedule,

(fl'¥') When an employee is required to work on a Saturday which the employee was scheduled to have off, all hours worked by the employee on the Saturday shall be treated as overtime,

( ~} Either the Union or the Employer may advise the other party in writing at any time after six months from the commencement date of this Agreement that it no longer wishes to have employees scheduled in accordance with article 1L02(b), Within one month of

receipt of such notice by the Employer, the parties agree that article 1 L02(b) shall no longer be in effect For the remainder of the term of this Agreement, and notwithstanding article 1L02(a), employees shall receive one Saturday off in every three on a rotating schedule, In such a case, when an employee is required

to work on a Saturday which this employee was scheduled to have off, ali hours worked by the employee on the Saturday shall be treated as overtime,

:11JL.@3(@J) Authorized overtime will be calculated at one and one-half

(LS) times an employee's regular hourly rate for all hours worked in excess of eight (8) hours in a day, As long as the

Employer continues to operate six days per week, an employee

who works on Sunday will receive overtime payment calculated at two (2) times the employee's regular rate for all hours worked

by the employee on the Sunday,

(b) Employees who are required to perform snow removal work on

a Sunday will receive overtime· payment calculated at two (2) times the employee's regular rate for all hours worked on the

Sunday performing the snow removal work and shall be entitled

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to a minimum of four ( 4) hours work, or four ( 4) hours pay, at the overtime rate.

(c) 0) Instead of receiving payment for overtime under articles 1L03(a) and (b), employees may elect in writing to accumulate overtime hours worked as time off in lieu. In such a case, employees will accumulate one and one-half hours of time off in lieu for each overtime hour worked that would otherwise attract payment under article 11.03(a), and two hours time off in lieu for each overtime hour worked that would otherwise attract payment under article 11.03(b).The maximum amount of time off in lieu that may be accumulated by an employee is forty ( 40) hours. The Employer will develop an appropriate form to allow such lieu time to be tracked and authorized.

(mi) An employee will be paid at his/her regular rate for each accumulated hour taken as time off in lieu. The Employee must provide a minimum of twenty-four hours advance notice to the Employer before any lieu time may be used, except in the case of an emergency where it is impossible to provide such advance notice. The Employer may request proof of emergency where the circumstances of an employee's absence and/or absenteeism record warrant such a request

(sao) The employee must take the time off in lieu within three months of the work week in which the overtime was earned, or, if the Employer and the employee both agree in writing, by the end of each calendar year; if time is not taken, then will automatically be paid out as overtime. Time off in lieu may only be taken at a time that is mutually convenient for the employee and the Employer. All lieu time that is not taken will be paid out by the Employer at the end of the three month period after the overtime was earned or, after twelve months if the Employer and the employee mutually agreed in writing that such time could be taken within twelve months of the overtime being earned and such lieu time was not taken.

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11c04 To be eligible for overtime payment, overtime hours must have been scheduled and authorized by the Employer prior to the performing of the work.

11c05 There shall be no duplication or pyramiding· of hours worked for the purpose of computing overtime or any other premium under this Agreement.

11.06 Where possible, full time employees shall be given first opportunity for overtime. Where the work schedule permits, and where employees have the necessary skills, ability and qualifications to perform the required overtime work, the Employer shall rotate employees to enable such employees to earn overtime payments. Where there are an insufficient number of volunteers, the Employer may designate employees to perform the required overtime work.

11c07 An employee scheduled to work a shift of eight (8) or more hours shall receive a thirty (30) minute unpaid lunch. Such an employee shall also be provided with a fifteen (15) minute paid rest break during the first half of the period worked, a second fifteen (15) minute rest break during the second half of the period worked, and a ten (10) minute period for personal clean up time immediately to the end of any scheduled shift.

:i!JLOS \Nhere an employee reports for work at the commencement of his/her regularly scheduled shift, unless otherwise notified in advance not to do so~ he/she shall be entitled to a minimum of four ( 4) hours work or four ( 4) hours pay at his/her base rate unless the lack of work is due to reasons beyond the reasonable control of the Employer. An employee so affected shall perform any temporary work assigned to him/her by the Employer that he/she is capable of performing, at his/her regular rate or the higher applicable rate, in order to qualify for such pay in the event that his/her regular duties are not available.

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ARTIClE 12 = IPUBILl!:C HOliDAYS

The Employer recognizes the following as paid Holidays:

New Year's Day Family Day Good Friday

Victoria Day Canada Day

Civic Holiday (1st Monday in August) Labour Day Thanksgiving Day Christmas Day December 26th

:1L2.02 To be eligible for Public Holiday pay an employee must have, worked in accordance with the Employment Standards Act. An employee is exempted from the requirement of having worked his/her regular shift before and after a holiday, if such scheduled attendance could not be c9mplied with because the employee was on vacation, on bereavement ieave, on jury duty, has returned to work from an approved leave of absence prior to the holiday, or for other reasons satisfactory to the Employer. Public Holiday pay shall be calculated as the employee's regular rate multiplied by the regular (non­overtime) hours normally worked per day by the employee,

12.03 Where an employee works on any one of the Public Holidays mentioned in Article 12,01, and is eligible to receive holiday pay under 12.02, he/she shall be paid, at the rate of two (2) times his/her base hourly rate, for all hours worked, Additionally, the employee may elect to receive Holiday Pay for the Holiday worked pursuant to Artide 12,02, or receive a day off with regular pay at a iater time which is mutually convenient for the Employer and the employee,

12.04 Where any of the holidays occur during an employee's vacation period the Employer agrees to provide an additional day off with regular pay at a time which is mutually convenient for the Employer and the employee,

12.05 When an employee, other than a seasonal employee, has completed one year of service, the Employer agrees to provide to the employee two additional days off in a calendar year any time which is mutually convenient for the Employer and the employee, Such an employee

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will also be given his birthday off, or another day which is mutually convenient for the Employer and the employee. The employee will· be paid for these days at his/her regular rate multiplied by the regular (non-overtime) hours normally worked per day by the employee, and Articles 12.02 and 12.03 do not apply to these days.

ARTIClE 13 =VACATIONS

13a01 (a) Subject to the Employer's operational needs and with the exception of the period December 20 to January 5, and the month of April when only one employee at a time may be on vacation, vacation may be taken at any time during the calendar year which is convenient for the employee.

(b) Scheduled vacation time for an employee may be changed where the employee has a legitimate personal reason and there is another employee available and able to perform the required work. Where another employee is not available and/or not able to perform the required work, and more than one employee has scheduled vacation time for the required period, the employee with the least seniority who is able to do the work shall have their scheduled vacation time changed and shall be assigned the work. The Employer will attempt to advise the employee of a change in the employee's scheduled vacation time as far in advance as possib~e.

( t6) Employees shall not take more than three (3) consecutive weeks of vacation time at any one time. Up to two (2) employees at a time may be off on a vacation of three (3) consecutive weeks, subject to the operational needs of the Employer and the availability of other employees who are both skilled and able to perform the work of those two (2) employees.

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(d) Employees with greater seniority shall have preference for vacation time. Employees shall submit vacation time requests for the following calendar year by December 1. The Employer shall post the approved vacation schedule by December 30.

13t02 "Vacation time" may not be carried forward from year to year.

13.03 (a) An employee with less than one (1) year of continuous and active service and a seasonal employee shall be paid four percent ( 4°/o) of his/her gross earnings as vacation pay in a vacation year.

(b) A seasonal paid employee shall be paid six percent (6°/o) of his/her gross earnings as vacation pay in a vacation year upon accumulation of sixteen months of seniority. All vacation pay payable to seas01~a! employees under this paragraph and paragraph 13.03(a) will be paid out ·bi-weekly based on the employee's earnings for the preceding bi-weekly pay period. Articles 13.03( c), (d), (e) and (f) do not apply to seasonal emp~oyees.

(~) An employee with one (1) year but iess than ten (10) years of service on his/her anniversary date shall be eligible for a vacation of three (3) weeks (15 working days) with pay in a vacation year.

(dl) An employee with ten (10) years but iess than fifteen (15) years of service on his/her anniversary date shall be eligible for a vacation of four (4) weeks (20 working days) with pay in a vacation year.

(~) An employee with fifteen (15) years but less than twenty-five (25) years of service on his/her anniversary date shall be eligible for a vacation of five (5) weeks (25 working days) with pay in a vacation year.

(f) An employee with twenty-five (25) years of service on his or her anniversary date shall be eligible for a vacation of six (6) weeks (30 working days) with pay in a vacation year.

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13.C4 "Vacation year" means the period January 1 through to December 3L

13"05 (a) In order to receive vacation time and vacation pay in Articles 13.03 (c) to (f) in each vacation year, an employee must be in actual attendance at work and working his/her regularly scheduled shifts. An employee wiJI be deemed to be in actual attendance at work and working his/her regularly scheduled shifts if the employee is on vacation pursuant to this Article, on a Public Holiday pursuant to Article 12, or receiving payment pursuant to Article 14, 15, or 16. Vacation time and vacation pay shall be pro­rated for an employee who is in actual attendance at work and works his/her regularly scheduled shifts for part of a vacation year.

(b) An employee who is not in actual attendance at work and working his/her regularly scheduled shift in a vacation year is not eligible for vacation time and vacation pay in that vacation year.

ARTIClE 14 =BEREAVEMENT lEAVE

14"01 A bereavement leave of absence of up to three (3) consecutive calendar days wm be granted to an employee, upon the death of a member of his/her immediate family to enable the employee to arrange and attend the funeral or memoria! service. The leave shall only be granted for the two calendar days immediately before the funeral or memorial service and the day of the funeral or memorial service.

14.02 "Immediate family", for the purpose of Artide 14.01, means current spouse, common ~aw spouse or partner, son, daughter, mother, father, sister or brother, and step parents.

14.1!]3 A bereavement leave of absence of up to three (3) consecutive calendar days will be granted to an employee upon the death of his/her mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to enable the employee to attend the funeral or memorial service. The leave shall only be granted for the two calendar days immediately before

22

the funeral or memorial service and the day of the funeral or memorial service.

14.04 A bereavement leave of absence of one (1) day, will be granted to an employee upon the death of his/her aunt, uncle, niece, nephew, brother-in-law, sister-in""law, or grandparents-in-law to enable the employee to attend the funeral or memorial service.

14.05 To qualify for bereavement leave of absence in Articles 14.01, 14.03 and 14.041 the employee must be employed full-time or, in the case of a seasonal employee, must have at least sixteen (16) months seniority, and shall notify the Manager or his/her designate as soon as possible following the death.

I

14.06 Where an employee qualifies for a bereavement leave of absence under Articles 14.01, 14.03 and 14.04, and any of the leave days are a scheduled working day for that employee, he/she shall be paid for such day(s) on the basis of the standard number of hours (excluding overtime) which he/she would have worked at his/her regular rate of pay,

ARTIClE 15 =JURY DUTY

15.01 When an employee who has completed his/her probationary period as defined in Article 10.03 is summoned for jury duty, he/she shaU receive for each day absent from regularly scheduled working hours the difference between regular pay (exduding overtime) lost and the amount of

· jury fee received.

15.02 In order to receive payment pursuant to Artide 15.01, the employee shall furnish the Employer with a Certificate of Service signed by the Clerk of the Court showing the dates and times of service and the amount of

any fee received.

15.03 On a day in which an employee is summoned for jury duty when the jury duty is scheduled to begin at any time after 12:00 p.m. or is completed at any time before 12:00 p.m., the employee must work regularly

23

scheduled hours that remain possible before the jury duty starts or after the jury duty finishes, as the case may be.

15.04 Upon receipt of a summons, an employee shall, within three (3) days, notify the Manager of the requirement to attend for jury duty. If an employee fails to notify the Manager of the receipt of such a summons within three (3) days, the Employer may deny such payments as an employee may otherwise be entitled to under Article 15.01.

ARTIClE 16 = ABSENCE FROM WORK

16.01 When unable to attend work, the employee must, prior to his/her scheduled start time, contact the Foreman or, the Manager or his/her designate (in cases of vacation or extended leave), and provide the reason he/she is unable to attend work, the date of his/her expected return, if known, and the details as to where he/she can be contacted during his/her absence. If the employee is unable to reach the foreman, Manager or designate, the employee must prior to his/her scheduled start time, leave this information in the message in the Cemetery general mailbox. If, in extenuating circumstances, the employee cannot contact the Manager or his/her designate, prior to his/her scheduled start time, he/she must advise the Emp!oyer as soon as possible of his/her explanation for the delay, or !eave a voicemai! message in the general voice mailbox at the Assumption Cemetery. If requested, an employee must provide satisfactory reasons for any absence.

16.02(aJ} Each full-time employee who has completed one (1) full year of continuous and active service since date of last hire shall be credited with fifteen (15) sick day credits on the employee's anniversary date.

(b} A seasonal employee who has accumulated sixteen (16) months of seniority shall be credited with one ( 1) sick day credit per . month of active service to a maximum of five (5) days credit within a calendar year. In such a case, there shall be no accumulation or carry-over from year to year.

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(c) Articles 16.05 and 16.06 do not apply to seasonal employees.

16.03 An employee who has sick day credits standing to his/her credit may use those credits to continue his/her regular pay (excluding overtime) to the extent of the available credits on occasions when the employee is scheduled to work but is unable to attend work because of the employee's own illness or injury (other than an illness or injury for which Workplace Safety and Insurance benefits are payable). Sick leave credits standing to the employee's credit shall be reduced as they are used.

16.04 The Employer may request medical documentation from an employee where the circumstances of the employee's absence and/or the employee's absenteeism record warrant such a request The Employer shall only request such medical documentation as is necessary for the purpose of substantiating the absence from work and/or for the purpose of the employee receiving payment under Article 16.03. Upon submitting proof of payment, the employee shall be reimbursed for any medical documentation requested by the Employer.

1(5.05 (a) .. Sick day credits which are not used in any one year shall accumulate to a maximum of 120 days.

(b) An employee with one hundred and twenty (120) accumulated sick days on his or her anniversary date, who is not absent from work due to illness or injury on any day in the year leading up to his or her next anniversary date, shall be entitled to receive five hundred dollars ($500.00).

((!:). An employee with one hundred and twenty (120) accumulated sick days on his or her anniversary date, who is absent from work due to illness or injury on only one day in the year leading up to his or next anniversary date shall be entitled to receive three hundred and fifty dollars ($350.00),

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(d) An employee with one hundred and twenty (120) accumulated sick days on his or her anniversary date, who is absent from work due to illness or injury on only two (2) days in the year leading up to his or her next anniversary date shall be entitled to receive two hundred dollars ($200.00).

(e) Once an employee becomes entitled to receive payment under article 16.05(b ), (c), or (d), such payment shall be made in the month following his or her anniversary after the employee becomes so entitled.

Employees shall receive the following payments:

(~) An employee with eight (8) or more years seniority who retires or whose employment terminates for any reason, other than by resignation or dismissal for just cause, shall receive a payment equivalent to fifty percent (50°/o) of his/her regular (non-overtime) pay for each accumulated sick day credit (to a maximum of 120 days), less deductions required by law.

(b) An employee with ten (10) or more years seniority who retires or whose employment terminates for any reason, other than by resignation or dismissal for just cause, shall receive a payment equivalent to seventy-five percent (75°/o) of his/her regular (non-overtime) pay for each accumulated sick day credit (to a maximum of 120 days), less deductions required by law.

(«::) An employee with twenty (20) or more years seniority who retires, or whose employment terminates for any reason, other than by resignation or dismissal for just cause, shall receive a payment equivalent to one hundred percent (100°/o) of his/her regular (non­overtime) pay for each accumulated sick day credit (to a maximum of 120 days), less deductions required by law.

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(d) An employee with eight (8) or more years seniority who resigns

his/her employment shall receive a payment equivalent to fifty percent (50°/o) of his/her regular (non-overtime) pay for each accumulated sick day credit (to a maximum of 120 days), less deductions required by law.

ARTIClE 17 = lEAVE Of ABSENCE

11.01 Subject to the Employer's operational requirements, the Employer

may grant a leave of absence without pay, not exceeding two months, to an

employee for legitimate personal reasons. An employee who is granted such

leave will not be permitted a further leave of absence without pay in the same

calendar year. A request for such leave shall be made in writing to the

Manager stating the reasons for such request and proposed duration at least

two (2) weeks in advance, except in the case of an emergency. Such a

request will not be unreasonably denied.

11.02 Pregnancy Leave, Parental leave, Family Medical leave and

Emergency Leave shall be granted in accordance with the provisions of the Employment Standards Act

ARTIClE 18 = PERSONAl PROTECTIVE EQUIPMENT

18.01 The Employer shall provide personal protective equipment to all

employees as provided in this Article. The Employer shall bear the cost of

replacing all personal protective equipment due to normal wear and tear, with

the exception of safety footwear referred to in Article 18.05.

18.(!]2 The employee shall be solely responsible for ali personal

protective equipment supplied by the Employer. The employee shall take all

reasonable care to ensure that personal protective equipment as provided for

in this Article are not lost, stolen, or destroyed, other than through normal

wear and tear.

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1~t03 The Employer shall provide the following personal protective equipment when necessary or when specified below:

(a) rain coats and rain pants; (b) hard hats; (c) hearing protection; (d) safety and eye protection; (e) rubber gloves; (f) surgical masks; (g) surgical gloves; (h) hard hat liners; (i) individual eye safety glasses; (j) disposable PVC clothing; (k) winter gloves; and (I) summer gloves

An employee who loses one or both winter gioves ~ess than three (3) months

after the gloves are issued to the employee, shall be required to cover the replacement cost for a new pair of winter gloves.

18o04 The personal protective equipment listed in Article 18.03 are the

property of the Employer and shall not be removed from the Employer's premises by any employee. When a seasonal employee's employment is

terminated for any reason, or the employee resigns, the Employer may deduct from the employee's final pay the replacement cost of the rainwear issued to

the employee prior to accumulating sixteen (16) months seniority, if such

rainwear is not returned to the Employer in good condition, subject to normal

wear and tear.

:ll$"(0)5(~) Ali employees are required to wear CSA steel toed safety footwear while at work. Upon completion of his/her probationary period,

· an employee, other than a seasonal as defined in Article 10.02, shall be provided with safety footwear, within a criteria specified by the employer and through a company sponsored vendor, to a maximum value of two hundred and fifty dollars ($250.00) in each calendar year. Any unused amount may be credited to the

28

employee for the purchase of a second pair of safety footwear (up to the actual cost of the second pair of safety footwear) in the following calendar year. The unused amount in any calendar year may only be carried over to the next year and only if the employee purchases at least one new pair of safety footwear in each of those years.

(b) Once a calendar year, seasonal employees with sixteen months of accumulated seniority shall receive one hundred and seventy five dollars ($175.00) toward the cost of safety footwear.

18.06 The Employer shall provide full height individual lockers for all

employees. It is the responsibility of each employee to maintain and clean

his/her locker.

ARuiCl!E 19 = HIEAIL TH & SAfETY COMM!ITEE

19.01 The parties agree that the Health and Safety Committee shall be established in accordance with the provisions of the Occupational Health &

Safety Act The Joint Health & Safety Committee shall consist of one (1)

Management Certified Representative and one (1) Certified Grounds

Representative.

ARTIClE 20 = GROUP INSURANCE

20.01 It is understood and agreed that the group insurance plans do not

form part of this Agreement and are not subject to the grievance and

arbitration procedures hereunder.

~@.(0)2 Notwithstanding 20.01 the Employer agrees that the following

forms part of the Collective Agreement: (a) The Employer agrees during the term of this Agreement to

maintain the premium coverage for eligible employees in the active

employ of the Employer excluding seasonal employees under the group insurance plans presently in effect, subject to their respective terms and conditions including enrolment requirements. The waiting

period is waived for any new full time employee who previously 29

accumulated a minimum of sixteen (16) months seniority as a seasonal

employee,

(b) The Employer reserves the right to change insurance carriers for

any part of the group insurance plan and amend the term and

conditions of any part of the pian, provided that the benefit coverage

as a whole is not fundamentally affected,

ARTIClE 21 = PENSION PlAN

21.01 The Parties agree to continue the group pension pian presently in effect, during the term of this Agreement It is understood that the group

pension plan does not form part of this Agreement and is not subject to the

grievance and arbitration provisions hereunder. Seasonal employees with less

than sixteen (16) months seniority are excluded from membership and

participation in the group pension plan,

21"02 During the term of this Agreement, the Employer wiil maintain a registered pension plan exclusively for seasonal employees who have

accumulated a minimum of sixteen months seniority, Under such plan, eligible

seasonal employees in the active employ of the Employer will be entitled to

contribute between 2,9°/o and five percent (5°/o) of their gross annual earnings

to the plan, The Employer will match one hundred percent (100°/o) of ail

contributions made to the plan,

21o03(a) It is agreed that the Employer shall remit payments into the

established labourers' Pension Fund of Central and Eastern Canada

(the "Fund'') in accordance with this Article 2L03, It is understood

that the Employer's "Contribution Rate" to the Fund will be an

amount determined by the Union and Employees, which shall be

deducted from the overall negotiated wage increase over rates of

pay in the prior Collection Agreement, and will not exceed such

wage increase, In no event shall the Contribution Rate be an amount

that would exceed pension contribution limits under IncomeTax

Act

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(b) The Employer shall not be required to participate in the Fund or

make Employer Contribution to the Fund until the Union notifies the

Employer in writing of the amount of the negotiated wage increase

that will be allocated as the Employer's "Contribution Rate" to the

Fund.

(c) Such contributions shall be paid to the Trustees of the Fund on

or before the 15th day of the month following the month such hours are

worked and shall be accompanied by a remittance form prescribed by

the Trustees of the Fund. Each ·monthly report shall include all

contributions from the hours worked up to the close of the Employer's

payroll ending nearest to the !ast day of the proceeding calendar

month. The failure of the Employer to make such contributions in

accordance with this provision may be the subject of a grievance.

(d) Notwithstanding any provision of the Trust Agreement or the

plan text relating to the Fund, The Employer's sole responsibility for,

and obligation to, the Fund is set out in Article 21.03 of this Collective Agreement Except as set out in this Artide 21.03, the

Employer shall have no other liability or obligations in respect of

Fund or benefits payable under the Fund. In no event shall the

Employer be liable for any funding deficiencies, costs1 daims1 losses or

damages of the Fund,

(<e) The Fund does not form part of this Agreement and is not

subject to the grievance and arbitration provisions hereunder.

22.({)1 Employees who perform disinterments shaii receive the foiiowing

payment in addition to their regular rates of pay:

(a) Disinterment of Adult from Ground - $650.00 (with outer

container) $700.00 (with no outer container)

(b) Disinterment of Adult from Mausoleum - $600.00

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22.02 The payment referred to in Article 22.01 shall be shared equally amongst the employees performing the disinterment work.

22.03(ial) The payments in Article 22.01 shall not apply to the Disinterment of Cremated Remains.

(b) The disinterment bonuses in Article 22.01 will only be paid when a contract has been signed by the interment rights holder for a set fee. No payment will be made where the disinterment is performed to correct an Interment or Entombment error, regardless of the cause of the error.

22a04 Where possible, full time employees shall be given first opportunity to perform disinterments. Where the work schedule permits, and where employees have the necessary skills, ability and qualifications to

perform the required duties, the Employer shall rotate employees to enable such employees to earn the payments in Article 22.01.

ARTIClE 23 =BUllETIN BOARD

23a01 The Employer shall provide a bulletin board which is easily accessible to employees for the posting of appropriate Union notices pertaining to matters relating to employees covered by this Agreement

Copies of all notices shall be given to the Manager or his/her designate prior

to posting and the Employer retains the right to approve the posting of any

materiaL

ARTIClE 24 = JOB POSTENGS

24.\rlll Where the Employer determines that a permanent vacant position

exists or a new job is created, the Employer shall post notice of such vacancy or new job for a period of seven (7) working days. Employees entitled to

apply for such vacancy or new job must make application to the Manager no later than the seventh (7th) working day. Employees who have completed their probationary period and for whom movement to the position would be a promotion or la.teral move may apply.

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24.02( a} For the purposes of this Agreement a promotion shall be defined as a movement from one classification to another classification

within the bargaining unit, where the maximum rate of pay

applicable to the new classification exceeds the maximum rate of

pay applicable to the employee's present classification.

(b) For the purposes of the Collective Agreement a laterai move shall

be defined as a movement from one classification to another

classification within the bargaining unit, where the maximum rate

of pay applicable to the employee's present classification.

24.03 A job posting may be cancelled by the Employer at any time

after it is posted. The Employer will advise the Union of its reason for

cancellation of the job posting within ten (10) business days of the

cancellation.

24.04 A vacant position shall be filled from among the employees who

applied for the original job posting where there is at least one (1) applicant

who has the necessary skill, abmty and qualifications to perform the duties of

the vacant position, whose attendance, in the six months immediate preceding

the date of the job posting, is at or better than the annual CCAT Attendance

Standard listed in Schedule B and who has not been disciplined in the 6 month

period preceding the date of application, Where two (2) or more applicants

have the necessary skill, ability and qualifications to perform the duties of the

vacant position, then the applicant with the greater seniority shall be selected.

Notwithstanding an employee's seniority, the Employer may give preference to

an applicant who has not successfully applied for a posting during the prior

twelve (12) month period.

14"05 This Article will not apply where the vacancy is seasonal and

exists anytime between the months of April and November each year or where

the vacancy is caused by vacation, leave of absence or is of an otherwise

temporary nature,

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24.(!)6 An employee promoted to a new position shall serve a thirty (30) day work trial period. If within the trial period the employee's work is not satisfactory, or if the employee is not satisfied with the new job expectations, the employee shall, without loss of seniority, return to the position from which he/she was promoted, in such a case, the employee's wage rate also shall revert back to the wage rate attached to the position formerly held by the employee. The parties may mutually agree to extend the trial period for an additional fifteen (15) days in the event they agree that the employee did not have full opportunity to demonstrate his/her skills and ability in the new position.

24.07 The employer may transfer employees on a temporary basis to any of its other cemetery properties to ensure that its operational needs are met. Such transfers wil.l be made based upon the skill and ability of employees to perform the required work. In the event that one or more employees have the skill and ability for such work, the assignment will be made on the basis of seniority.

24.08(@)) A full-time CCAT employee who transfers into the bargaining unit from another CCAT property that is not covered by this Agreement shall be credited with all non-bargaining unit and bargaining unit service at CCAT for the purpose of all entitlements under this Agreement that are determined by service or active service. For all other purposes, the employee will be treated as a new hire.

( (6) A seasonal employee with at !east 16 . months service who transfers into the bargaining unit from another CCAT property that is not covered by the Agreement shall be credited with notional seniority equivalent to such service for the purpose of the entitlements under the following articles in this Agreement: 13.03(b), 14.05, 16.02(b), 18.05, 20.01, 21.02 and 26.01. For a!! other purposes, the employee will be treated as a new hire.

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ARTIClE 25 =TRAVEl AllOWANCE

25.01 When an employee is required to work at more than one

Employer location during one work day, he/she shall receive a travel

allowance of $0.45 per kilometer for travel between locations, in respect of

that day, except where transportation is provided by the Employer.

25.[J2 Where an employee is required to report to work at another

Employer location at the beginning of his/her shift, or return home from

another location at the end of his/her shift, he/she shall receive a travel

allowance of $0.45 per kilometer for travel in excess of the distance between

the employee's home and Assumption Cemetery, except where, transportation

is provided by the Employer,

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ARTEClJE 26 = RATES Of PAY

~6J01(a) For the duration of this Agreement, the employees working in the

classifications listed below shall be paid the hourly rate of pay set out as

follows:

C~assnfkatnon De~ 20111 Dec 2012 Dec 2013

2@/@ 2.5©/@ 2@/@

lkensed Me~hank I Assista H'Bt, f«JJrema fl1l ~

licensed Mechanic 29.140 29.869 30.466

Assistant Foreperson 29.140 29.869 30.466

la bo lUl rrerr /l!l n ~ kelrilsed Me!bhal!ilHC~

Start 24.361 24.970 25.469

One Year Service 25.145 25.774 26.289

Two Years Service. 26.715 27.383 27.931

Seas~H!ll(d]~ Emfl]~«:rryee~

Start 16,933 17.356 17.703

Eight Months Seniority 18.502 18.965 19.344

Sixteen Months 19.286 19.768 20.164

Seniority

(b)The rates of pay shall be effective on the first day of the first

whole pay period occurring in December each year.

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26.02 The Employer shall pay a premium of one dollar and eighty cents ($1.80) per hour to employees engaged in the operation of the backhoe boom controls and/or the operation of a vehicle for which a Class "A" driver's license is required. When an employee is engaged in such work, he/she shall receive the premium for a minimum of four ( 4) hours.

26.04 When an employee is temporarily transferred to another classification in the bargaining unit for a minimum of four ( 4) hours, he/she will receive the greater of his/her non-overtime rate of pay in his/her regular classification or the non-overtime rate of pay for the classification into which the employee has been temporarily transferred.

26.05 Employees are encouraged to learn the duties of other positions in the bargaining unit Where training opportunities arise, the Employer will invite employees to apply. An employee will be selected for training based on the Employer's assessment of his/her experience, demonstrated skill and ability, and seniority and any other factor(s) that the Employer considers relevant. An employee's regular rate of pay shall not be affected during any training directed by the Employer.

27/.01 This Agreement shall be in force for a period of three years from the 1st day of December, 2011, and shall continue in force from year to year thereafter, unless either party gives notice in writing to the other between one hundred and twenty (120) and ninety (90) days preceding the expiration of the Agreement of its desire to bargain with a view to the renewal, with or without modification of this Agreement, or to the making of a new Agreement

37

\:

ARTIClE 28 = GENDER NEUTRAliTY

28.01 In this Agreement, any references to the masculine gender shall include the feminine gender and references to the feminine gender shall include the masculine gender.

tJI.___ ~ J THIS AGREEMENT executed this fl) day of ~-!.,.2£,tf/OJ~Ji20 I.~J, in the City of Mississauga in the Province of Ontario,

~~ '--Forlhe Employer For the Union

38

lETTER OF UNDERSTAJNDING FOR lNHEGOTIATJrONS

The Employer and the Union agree to meet on or before September 1 prior to the expiry date of this Collective Agreement, for the purpose of commencing negotiation of a renewal of this Collective Agreement

This Letter of Understanding does not form part of the Collective Agreement and may not be the subject of a grievance under the grievance and arbitrations procedures of the Collective Agreement It is provided only for the purpose of clarification.

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SCHEDUlE "B"

LETTER OF UNDERSTANDING FOR SATURDAY OFF (Article 11.03)

Prior to December i each calendar year, the CCAT and the Union shall review the attendance record of bargaining unit employees at all CCAT properties covered by the Collective Agreement. Each employee who is at or below the "CCAT Annual Standard Rate of Attendance", will automatically be rewarded with i in every 2 Saturdays off for the period of May i to October 3 i in the following year, starting 20 i 4.

In addition, at each CCAT property covered by the Collective Agreement where the individual attendance record of any bargaining unit employee is better by one day or more than the 'CCAT Standard Rate of Attendance', that employee will automatically be rewarded with i in every 2 Saturdays off for the month of April in the following year, starting 2014.

The CCAT Standard Rate of Attendance is fixed at 5 days for all bargaining unit employees' at each CCAT property covered by the Collective Agreement, during such period. ·

If the application of this Letter of Understanding conflicts with Article i 1.03 of the Collective Agreement, this letter of Understanding prevails only to the extent of the conflict.

For he Umon

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SCHEIDULIE "C"

LETTER OfF UNDERSTANDING !FOR CEMETERY PRA YEIR GARDENS

Effective in 2013, the Employer agrees that it will permit employees to perform any landscape maintenance tasks in and around Cemetery Prayer Gardens, except for servicing, repairs, redesign work and other work which, in the Employer's opinion, requires a different level of skills and ability. The Employer shall retain the right to contract out the landscaping maintenance tasks at its sole discretion if the work is not performed by the employees to the Employer's satisfaction and standards. Any concerns regarding the skill and ability level of Employees or in the event the Employer elects to contract out the landscape maintenance of the Cemetery Prayer Gardens, the Employer shall inform the Steward of its decision.

This Letter of Understanding does not form part of the Collective Agreement, and may not be the subject of a grievance under the grievance and arbitrations procedures of the Collective Agreement. It is provided only for the purpose of clarification.

~d·· ~/---FortileDnion

" !'" f~~~- ( '\ ~ .\'

(~><'- \\~_cy' -r6rthe Employe~'!

SCHIEDUliE"ID"

!LETTER OfF UJNDEIRSTANDffNG !FOR !LABOURER MANAGEMENT COMMffTTEE:

For the term of this Agreement, the Employer agrees to establish a Labour Management Committee that will meet on quarterly basis.

This Letter o'f Understanding does not form part of the Collective Agreement, and may not be the subject of a grievance under the grievance and arbitrations procedures of the Collective Agreement. It is provided only for the purpose of clarification.

c:_~ t=:> For the Union

.r~~ D ~~"'t--'7~~~ -r-·--­

e: __ For the Employ~~

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