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COLLECTIVE AGREEMENT

Between

Service Master Clean of Niagara, a Division of Helping Limited

ServiceMASTER Clean

0

-and-

SEIU Local 2, Brewery, General & Professional Workers' Union

Effective: June 14, 2013

Expiry: June 13, 2016

TABLE OF CONTENTS

ARTICLE 1- UNION RECOGNITION AND MANAGEMENT RIGHTS ......... 3

ARTICLE 2- UNION SECURITY ............................................................... 4

ARTICLE 3- GRIEVANCE PROCEDURE ................................................... 7

ARTICLE 4- SENIORITY ....................................................................... 10

ARTICLE 5 - WORKLOAD ..................................................................... 11

ARTICLE 6- LAY-OFF AND RECALL PROCEDURE .................................. 12

ARTICLE 7 - POSTI NGS ............................. ........................................... 12

ARTICLE 8- HOURS OF WORK ............................................................ 14

ARTICLE 9- OVERTIME ....................................................................... 15

ARTICLE 10 - SAFETY ............................................................................. 16

ARTICLE 11- STATUTORY HOLIDAYS .................................................... 16

ARTICLE 12- ANNUAL VACATIONS ....................................................... 17

ARTICLE 13 - LEAVES ............................................................................ 18

ARTICLE 14- NON-DISCRIMINATION .................................................... 19

ARTICLE15- PAYROLL .......................................................................... 19

ARTICLE 16- TECHNOLOGICAL CHANGE .............................................. 19

ARTICLE 17- TERM OF AGREEMENT ...... .............................................. 20

APPENDIX 11 A 11 ....................................................................................... 21

APPENDIX "B" ....................................................................................... 22

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COLLECTIVE AGREEMENT Between

ServiceMaster Clean of Niagara, a Division of Helping Limited

(Hereinafter called the .. Company .. or the "Employer")

-and-

SEIU Local 2, Brewery, General & Professional Workers' Union

(Hereinafter called the 11 Union 11)

ARTICLE 1- UNION RECOGNITION AND MANAGEMENT RIGHTS

1.01 The Employer recognizes the Union as the sole bargaining authority for all Employees

within the Region of Niagara, save and except, office and clerical employees, supervisors

and persons above the rank of supervisor.

1.02 Except to the extent explicitly abridged by specific written provision to this Agreement,

the Company reserves and retains, solely and exclusively, all of its inherent rights to

operate and manage its business and operations in accordance with its commitments,

its obligations and responsibilities.

Without in any way diminishing or limiting those rights, it is understood and agreed that

those rights include:

(a) The right to direct and supervise the work force, hire, schedule, promote, demote,

discharge, determine work assignments, equipment and materials to be used,

classify, transfer, lay-off, assign and discipline employees for just cause provided that

a claim by an employee who has acquired seniority that he has been disciplined or

discharged without just cause, may be the subject of a grievance and dealt with as

hereinafter provided.

(b) The Company agrees that its functions will not be exercised in a manner inconsistent

with the other provisions of this Agreement in an effort to maintain and promote a

harmonious relationship with the employees and the Union.

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ARTICLE 2- UNION SECURITY

2.01 All employees shall pay to the Union an amount equal to the Dues charged by the Union

to its Members.

2.02 The parties hereto agree that all present employees of the Company covered by the

terms of this Agreement shall within thirty (30) days of the signing date of this

Agreement, become and remain members in good standing of the Union as a condition

of continued employment. All new employees hired after the signing date of this

Agreement shall become members of the Union upon passing probation as a condition

of continued employment.

2.03 The Employer agrees to remit Union dues, fees and assessments no later than the

fifteenth day following the end of the month in which income was last earned by the

Employees. With this remittance there shall be an itemized list showing the name of

each Employee from whose wages such deductions were made and the amount of the

deductions. With these remittances there shall also be a list of New Employees hired

during the month with the Name and Address of each new Employee and a list showing

the names of the Employees who may have been terminated or are now on annual

vacation, sick leave, W.C.B., leave of absence, and/or who have been laid off. All dues

remittances and assessments shall be shown on all T-4 slips.

2.04 The Employer shall notify the Union in writing, within five (5) days of appointing an

Employee to a position which the Employer considers to be outside the bargaining unit.

2.05 In the event of a change in the schedule of fees, dues and assessments made by the

Union, the Employer shall make deductions in accordance with the revised schedule

after receiving two (2) months written notice from the Union by registered mail of such

change.

2.06 The Employer agrees to give notice by separate letter, to the Union, that the Employee

has terminated their employment because of retirement. The covering letter shall

indicate the Employee's name, current address, Social Insurance Number and

retirement date.

2.07 Supervisors, managers and owners may perform bargaining unit work for

experimentation, training purposes, emergencies purposes or as performed prior to the

date of ratification of this collective agreement so long as it does not directly cause the

lay-off of a bargaining unit employee.

2.08 The Employer and the Union shall share equally, the cost of producing pocket size

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Agreements which shall be distributed to the Employees and supervisory personnel.

2.09 There shall be no discrimination against any Employee for activity in the Union.

2.10 The signing of this Agreement shall be no reason for the Employer to cancel any existing

privileges that are not contrary to this Agreement. Working conditions and rest periods

presently existing shall be maintained unless changed by the terms of this Agreement.

2.11 The Union recognizes the responsibilities imposed upon it as the exclusive Bargaining

Agent of the unit and realizes that in order to provide maximum opportunities for

continuing employment, good working conditions and better than average wages, the

Company must be in a strong market position which means it must produce at the

lowest possible costs consistent with fair labour standards. The Union through its

bargaining position, assumes a joint responsibility in the attainment of these goals. The

Union therefore agrees it will cooperate with the Company, and support its efforts to

assure a full day's work on the part of its members, and it will actively combat

absenteeism and any other practices which restrict production.

2.12 Union Stewards, including a Chief Steward, shall be recognized by the Employer once

the name of the Steward in question has been provided to the Employer by the Union in

writing.

2.13 During the life of this Agreement, in the event of the Employer hiring Employees for

whom a wage rate and classification is not contained in this Agreement, the necessary

classification and wage rate shall be added by Amendment to this Agreement. If the

parties are unable to agree on the classification and/or wage rate, the matter may be

taken up under the Grievance Procedure and Arbitration Procedures contained within

this Collective Agreement.

2.14 The Employer shall copy the Union Office all correspondence to Employees related to

discipline, termination of employment or notice of layoff.

2.15 The Employer shall provide a dedicated Union bulletin board in the main work office

with unfettered access by Union members to view it and all postings will be subject to

the Employer's approval. The Employer shall also allow Union notices to be placed on

the Express Time System, subject to the Employer's approval.

2.16 Negotiations and Administration of the Agreement shall be conducted during normal

business hours.

2.17 The Union acknowledges that Stewards have their regular duties to perform on behalf of

the Company and that such persons shall not leave their regular duties to attend to the

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complaints and grievances of employees without having first secured permission from

their immediate supervisor, which permission shall not unreasonably be withheld.

Stewards shall state their destination to their immediate Supervisor and shall report

again to him at the time of their return to work, provided these steps are followed;

Stewards shall not suffer a loss of basic pay. The Company reserves the right to limit the

duration of such meetings. These limits shall not be unreasonable.

2.18 The Employer and the Union agree to establish a joint Labour/Management Committee.

The Committee will meet as outlined below, to discuss matters of mutual concern, to

develop a common understanding of workplace issues, to address operational concerns

and to improve communications and understanding between the parties.

2.19 The parties shall meet every six (6) months, or more often as necessary. Meetings shall

take place during normal working hours and a request for a meeting shall include an

agenda of matters proposed for discussion. Bargaining unit members attending these

meetings shall maintain their regular rate of pay.

2.20 Each party shall appoint up to two (2) members to this committee for each meeting and

all meetings shall be attended by an equal number of representatives from each party,

unless agreed otherwise.

2.21 The parties agree the Company will remove all discipline from the Employees personnel

file, provided that:

(a) No discipline is received for a period of twenty-four (24) months

(b) The misconduct did not involve a violation of law or an issue constituting breach of trust.

2.22 The Company acknowledges the right of the Union to appoint or elect up to three (3)

employees to serve as members of the negotiating committee. Employees will be paid

by the Company for time off work for the purpose of participating in mutually agreed

negotiations up to and including conciliation and the Union will reimburse the Employer.

2.23 During the investigation of a grievance, the Employee or Business Agent, shall be

entitled to review the Employee's personnel file.

All Employees shall be given copies of all information with regards to discipline, prior to

this information being placed in their file.

An Employee may review his/her file for personal reference no more than twice per

year.

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2.24 No Employee shall be disciplined or suspended without just cause and without being

apprised of the issue or concern prior to disciplinary action and shall have the right to

have a Union Steward present before such discipline is issued.

(a) A copy of a document placed on an Employee's file which might at any time be the

basis for disciplinary action shall be supplied concurrently to the Employee and the

Union office.

(b) The Employee's reply, if any, to such document shall also become a part of the

Employee's file.

(c) Documents referred to in (a) will become void provided that

i) No discipline is received for a period oftwenty-four (24) months

ii) The misconduct did not involve a violation of law or an issue constituting

breach of trust

(d) All letter of discipline shall provide an Employee with the option of accepting or

disagreeing with the discipline which shall be indicated by the employee's

signature.

ARTICLE 3- GRIEVANCE PROCEDURE

3.01 The purpose of this Article is to provide an orderly procedure for the resolution and

disposition of grievances.

3.02 A grievance is an allegation by an employee, the Union, or the Company that one party

has violated this Agreement.

3.03 Step 1

(a) An employee initiates a grievance by verbally notifying his Supervisor that he has a

grievance and then by providing the Supervisor with the details and circumstances

of the matter, along with the remedy sought. Such an employee may request the

presence of an available Steward at the meeting.

(b) This must occur within five (5) working days of the incident giving rise to the

grievance or when the employee ought to have reasonably known of the incident

giving rise to the grievance. The supervisor must respond verbally to the grievance

within five (5) working days after hearing the grievance.

(c) If the employee is satisfied with the Supervisor's response, the matter is

concluded and neither the grievance nor the response shall be binding or used as a

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precedent by the Company or the Union.

Step 2

(d) Failing satisfactory settlement at Step 1, the grievance may be reduced to writing

within five (5) working days of the response in Step 1 and submitted to the

Operations Manager.

(e) Upon receipt of such grievance the Operations Manager shall issue a written

response within five (5) working days.

Step 3

(f) Failing satisfactory settlement at Step 2, the grievance shall be submitted to the

company Head Office within five (5) working days and a meeting to discuss the

grievance shall be arranged between the griever, Steward, and/or Chief Steward,

Union Business Agent and Company Representatives at a mutually agreed to time

and date.

(g) A formal response will be issued by the Company to the Union's Business Agent

within five (5) working days ofthe above noted meeting.

3.04 Union, Discharge and Company Grievances

The Union or the Company may initiate a policy or group grievance directly into Step 2.

A claim by an employee, who has completed the probationary period, that he has been

unjustly terminated may be filed directly at Step 2.

The decision whether or not to retain probationary employees is at the sole discretion of

the Employer. A probationary employee shall not have access to the grievance and/or

arbitration provisions with respect to any discipline and/or termination of their

employment.

3.05 For the purpose of this Article, working days shall not include Saturdays, Sundays and

Holidays.

3.06 The parties agree to follow each of the foregoing steps in the processing of the

grievance; and if at any step the Employer's representative fails to give his/her response

within the time limit therein set forth, the Union may appeal the grievance to the next

step at the expiration of such time limit. Similarly, if the Union fails to comply with the

time limits therein set forth for their part in the Grievance Procedure, the grievance will

be considered to have been abandoned.

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Nothing will prevent the parties from extending the timelines by mutual agreement in

writing.

3.07 Grievance Mediation

The parties agree to implement a Grievance Mediation Procedure prior to proceeding to

Arbitration as set out below.

(a) Either party may submit the grievance to Grievance Mediation at any time within

ten (10) calendar days following the receipt of the reply at Step 3, or if no reply is

received, within ten (10) calendar days following the expiration of the period

limited for such reply. Where the matter is so referred, the Mediation process

shall take place before the matter is referred to Arbitration.

(b) Grievance Mediation will commence within twenty-one (21) calendar days of the

grievance being submitted to Mediation.

(c) The Grievance Mediation process is without prejudice to either party.

(d) No matter may be submitted to Grievance Mediation which has not been properly

carried through the grievance procedure, provided that the parties may extend

the time limits fixed in the grievance procedure.

(e) The parties may agree to the appointment of a Mediator by the Ministry of

Labour, provided that such Mediator is able to commence the Grievance

Mediation within the time periods set out in item (b) above, or where the parties

mutually agree to extend the time periods for such Mediator.

(f) Proceedings before the Mediator shall be informal. Accordingly, the rules of

evidence will not apply, no record of the proceedings shall be made and legal

counsel shall not be used by either party.

(g) If possible, an agreed statement of facts will be provided to the Mediator, and if

possible, in advance ofthe Grievance Mediation Conference.

(h) The Mediator will have the authority to meet separately with any person or

persons, but will not have the authority to compel the resolution of a grievance.

(i) If a grievance is not settled through the Grievance Mediation process, the

Mediator shall provide the parties with an immediate oral advisory opinion and

the grounds of such advisory opinion, unless both parties agree that no such

opinion shall be provided.

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(j) If no settlement is reached, the parties are free to submit the matter to Arbitration

within ten (10) calendar days following Grievance Mediation as hereinafter

provided. In the event that a grievance which has been mediated subsequently

proceeds to arbitration, the Mediator may serve as an Arbitrator if both parties

agree. Nothing said or done by the Mediator may be referred to at Arbitration.

(k) Any settlement reached shall not be referred to by the parties in respect of any

subsequent matter and in any other setting.

(I) The Union and the Company will share the cost of the Mediator, if any.

3.08 Arbitration

(a) The Union and the Company shall endeavour to jointly select a single arbitrator. If

the parties cannot agree on an arbitrator appointment of a single arbitrator will be

made pursuant to the guidelines established by the Minister. The expenses of the

arbitrator will be jointly shared by the parties.

(b) No person may be appointed as an Arbitrator who has been involved in an

attempt to negotiate or settle the grievance, unless mutually agreed to.

3.09 The Arbitrator shall not have the power to alter or change any of the provisions of this

Agreement; or to substitute any new provisions for any existing provisions; nor to

render any decision inconsistent with the terms and provisions of the Agreement.

3.10 Both parties to this Agreement agree that the time limits may be extended by mutual

agreement.

ARTICLE 4- SENIORITY

4.01 There shall be one seniority list which includes all Employees. Seniority for the purpose

of this list will be calculated and displayed by the Employee's most recent date of hire.

Probationary Employees shall be added to the seniority list upon completion of their

probationary period .

4.02 All new Employees shall be required to serve a probationary period of sixty (60) working

days starting from the commencement of employment. The probationary period may be

extended by the number of shifts missed during the probationary period. After

successful completion of the probationary period, seniority shall be credited back to the

date of hire.

4.03 A Seniority List shall be provided to the Union on January 30th and June 30th of each

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year. A copy shall remain posted on the Union bulletin board in Main Shop.

4.04 Seniority shall be maintained and continue to accrue during period of:

Vacation; W.S.I.B. claim and/or appeal; Union leave; leave taken pursuant to the

Employment Standards Act, 2000; approved leave of absence; and lay-offs in excess of

three (3) months if the employee has less than one (1) year's seniority or six (6) months

if the employee has one (1) or more years of seniority.

4.05 An employee who has completed the probationary period will endeavour to provide two

(2) weeks' notice of his desire to terminate his employment. This period, once notice

has been provided, may be waived by the Employer.

4.06 Seniority shall be lost and employment deemed terminated in the event that the

Employee:

(a) Is dismissed for just cause and not reinstated via the Grievance Procedure

(b) Resigns in writing

(c) Fails to report for work without justification or in violation of Article 6.04 (Recall)

(d) Is laid off in excess of three (3) months if the employee has less than one (1) year's

seniority or six (6) months if the employee has one (1) or more years of seniority

or

(e) accepts a negotiated offer of severance pay.

ARTICLE 5 - WORKLOAD

5.01 The parties agree that, while workloads may change from time to time, there will be no

unreasonable accretion of work to be performed without a commensurate adjustment

in the paid time to perform it.

5.02

(a) Employees will state their availability for emergency duty on an emergency call in

list.

This list will remain posted at all times and the Employer will call employees whose

name appears on that list from top to bottom on a rotating basis, providing such

employees have the skills, ability, qualifications and experience to perform the

work immediately without additional instruction or training and provided that the

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provision of such work will not result in the employee in question working in

excess of forty-four (44) hours in that week, unless there is no other employee on

the list that meets these criteria.

Employees unavailable or unwilling to accept the assignment will be considered to

have worked for the purposes of proceeding through the list.

(b) The list will be re-posted quarterly (by the second week of the quarter).

Employees must confirm in writing whether they wish to be on the list and what

their availability will be for the entire quarter by the first day of the quarter.

Employee availability will not be changed (except for an employee to remove him

or herself from the list) for the remainder of the quarter.

ARTICLE 6- LAY-OFF AND RECALL PROCEDURE

6.01 Lay-offs and recalls shall be on the basis of skill, ability and qualification, and where

those factors are relatively equal, by seniority, by classification.

6.02 An Employee who has been on lay-off for up to three (3) months if the employee had

less than one (1) year's seniority or six (6) months if the employee had one (1) or more

years of seniority at the date of lay-off, whichever is shorter, shall retain recall rights.

6.03 An Employee who has been laid-off and wishes to be recalled, must ensure that the

Employer has a current telephone number and address for the purpose of recall. The

Employer shall be entitled to rely upon the last address and telephone number

furnished to it by an employee for all purposes.

6.04 The Employer agrees that recall notification for steady employment will be by

Registered Mail. Any Employee failing to contact the Employer within (3) days, exclusive

of weekends or statutory holidays, from the time of such notification shall be considered

to have resigned without notice.

ARTICLE 7- POSTINGS

7.01

(a) When the Employer acquires work at a location (address) which it was not already

serving at the time the work was acquired, the work will be performed on a

temporary basis as assigned by the Employer in its sole and unfettered discretion

for a maximum period of twenty-one (21) calendar days. After twenty-one (21)

calendar days, the work will be performed pursuant to the results of the posting

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process set out in paragraph (c) below.

(b) When the Employer acquires additional work at a location (address) which it was

already serving at the time the work was acquired or when a vacancy arises at

such a location, the work will be performed on a temporary basis as assigned by

the Employer in its sole and unfettered discretion for a maximum period of

twenty-one (21) calendar days. After twenty-one (21) calendar days, the work will

be performed by the successful applicant pursuant to a posting as set out below

with the applicants limited to those employees already performing work at that

location and whose regularly scheduled weekly hours would not exceed forty-four

(44) hours if they were to be awarded the work. If no eligible applications are

received then the work will be assigned to a newly hired employee.

(c) Subject to paragraphs (a) and (b) above, when a vacancy occurs in a position

included within the scope of this Agreement a notice shall be posted requesting

applications to fill such a vacancy from Employees of the Employer.

Such notices shall be posted on the Union bulletin board in the office and also

entered on Express Time system. Interested employees will sign their name to the

posting during the posting period of seven (7) calendar days following the date of

the posting.

Applicants will indicate if they are applying for the work in addition to their

currently assigned work or as a substitution for their currently assigned work.

Applicants will not be considered if they have applied for an addition to their

currently assigned work and the additional work applied for would result in more

than forty-four (44) scheduled weekly hours for the applicant.

If the vacancy is not filled by an applicant from within the company, the Employer

will fill the position with an employee who is on lay-off in accordance with

seniority provided such employee is qualified to perform the work. If the vacancy

cannot be filled by recall then the vacancy will be filled in the Employer's sole and

unfettered discretion.

The Employer shall fill the vacancy during the posting and competition process in

its sole and unfettered discretion.

(d) A vacancy resulting from the placing of the successful applicant in the position so

posted shall be filled by the Employer in accordance with Article 6 of this

agreement, or where there are no employees on lay-off, it shall be filled in the

Employer's sole and unfettered discretion.

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(e) Vacancies will be awarded based on skilt ability and qualifications and a successful

applicant must in fact meet those criteria. If those criteria are relatively equal as

between the two {2) or more best applicants and if those particular applicants in

fact meet the criteria, then the vacancy will be awarded based on seniority among

those particular applicants.

(f) All job postings shall contain the following:

• Required qualifications, if any

• Place/location of work

• Number of daily hours

• Hours of work (start/stop time) and which days of the week

• Date to take effect

It is understood that this does not constitute a guarantee of hours

ARTICLE 8- HOURS OF WORK

8.01 The work "day" shall commence at 12:01 A.M. and end at 12:00 midnight. A shift

beginning on one day and continuing into the next day, shall be considered as work

performed on the day on which the shift commences.

8.02 The Employer shall assign work consistent with Article 7.

8.03 If a Cleaner loses a cleaning assignment through no fault of their own they may claim a

cleaning assignment of one of the six {6) least senior Cleaners on the seniority list

providing the Cleaner claiming the work has more seniority than the Cleaner from whom

the work is claimed. The weekly hours of the assignment claimed cannot exceed the

weekly hours lost although the Cleaner may claim part of an assignment up to the hours

lost. The junior Cleaner whose work is claimed cannot make use of this provision. An

employee outside of the Cleaner classification who is laid off or whose hours are

reduced may displace another employee with less seniority who is also outside of the

Cleaner classification if they have the skill, ability and qualifications to perform the work.

8.04 Each Employee, working a work day of five {5) hours or more shall have an unpaid lunch

period of at least one-half {1/2) hour.

8.05 Employees, who are required to be on telephone call, or to perform work of any kind

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during their lunch period, shall be paid wages for the lunch period .

8.06 If a Cleaner performs duties as scheduled at more than one address on a given workday,

he or she shall receive one dollar ($1.00) for each address. For clarity, if a Cleaner only

performs duties as scheduled at one address on a work day he or she shall receive no

payment under this provision for that day. No payment under this provision will be

made if a Cleaner chooses to perform duties on a day other than as scheduled, even

with the consent of the Employer.

8.07 If an employee reports for scheduled work but is not permitted to perform their

scheduled work they will be assigned alternate work of the same length or paid the

amount they would have earned if they had performed the scheduled work or a

combination of the two such that the employee's total compensation for the day will be

equal to what they would have earned if they had performed the scheduled work. The

employee is required to make reasonable efforts to obtain access to the assigned

account and notify supervision of any difficulties encountered in doing so.

8.08 An Employee who is absent from work because of a Compensation Claim, Illness, or

Annual Vacation, shall be returned to the job location and job duties with the same

hours of work, upon the Employee's return to work to the extent that the work in

question is still being performed by the Company. The Employee shall be returned to

work as soon as practicable but no later than seventy-two (72) hours of the Employee

notifying the Employer of the ability to return to work (or the next scheduled shift in the

employee's assignments if none falls with the seventy-two (72) hours) if such notice is

anticipated.

8.09 Floaters, Truck Route and Floor Specialists shall not work split shifts except by mutual

agreement between the Company and the Union.

8.10 Nothing in this Agreement constitutes a guarantee of hours of work.

8.11 The Employer has the right to request an acceptable justification for any absence.

ARTICLE 9- OVERTIME

9.01 All employees shall be paid overtime rates of one and one-half (1~) times their regular

rate after forty-four (44) hours in a week.

9.02 All work performed by an Employee in excess of said Employee's scheduled shift shall be

authorized by the Supervisor.

9.03 There shall be no change in shift scheduling/hours of work to avoid payment of

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overtime.

ARTICLE 10 - SAFETY

10.01 It is the desire of both parties to this Agreement to maintain the highest standard of

safety. No Employee shall be required to, and no Employee shall perform any work in a

hazardous manner. All unsafe working conditions and/or equipment shall be reported to

the Employer immediately.

10.02 The Employer shall ensure that there are "approved" First-Aid kits in all vehicles and at

all work locations where there is protected and safe storage for the kits.

10.03 The Employer shall furnish Employees with tools and working equipment and the

Employee shall be held responsible for same, except when ordered to leave tools on the

job or when left on the Employer's premises.

10.04 The Employer shall supply adequate hygienic protection for those Employees who need

such protection in the course oftheir job duties.

ARTICLE 11 - STATUTORY HOLIDAYS

11.01 The following Statutory Holidays shall be recognized by the Employer:

New Years Day Good Friday Victoria Day

Canada Day Thanksgiving Day labour Day

Boxing Day Christmas Day Family Day

11.02 All employees who work on a General or Proclaimed Holiday named in Article 11.01

shall be paid at one and one half (1.5) times the rate of pay for all hours worked in

addition to the holiday pay.

11.03 In the event of a General or Proclaimed Holiday falling on an Employees regular day off,

then the Employee shall receive:

(a) another day off with pay; OR

(b) another day's wages, as may be mutually agreed to by the Employer and the

Union.

11.04 If a General or Proclaimed Holiday falls during an Employee's Annual Vacation, the

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Employee shall receive another day off with Holiday pay at a date determined by the

Employer within three {3) months of the Holiday. The day off may be within twelve {12}

months of the Holiday if mutually agreed between the Employer and the Employee.

11.05 In the event of any of the foregoing General or Proclaimed Holidays falling on a Saturday

or Sunday, the holiday will be recognized by the Employer on whatever day is

proclaimed by the Government authority involved. If there is some doubt as to which

day is proclaimed, or which day is being generally celebrated, the Monday following the

holiday will be recognized as the holiday.

11.06 Holiday pay shall be calculated as per the Employment Standards Act, 2000.

ARTICLE 12- ANNUAL VACATIONS

12.01 For the purpose of determining an Employee's vacation entitlement and vacation pay,

the Employee's Anniversary Date shall be used. The Employee shall take the vacation on

or after the Anniversary Date except when mutually agreed between Employer and

Employee in writing.

12.02 Vacation time shall be scheduled in the sole and unfettered discretion of the Employer.

12.03 The Employer shall provide each Employee at the beginning of each year a Vacation

Request Form. The Employee shall have ninety days (January 1- March 31) to complete

the form and to return it to the Employer.

Employees shall receive written notification from the Employer of their scheduled

vacation time. This notification shall be presented to the Employee within thirty (30)

days of receiving the Employee's request.

The Employer may reschedule vacations due to operational requirements.

12.04 All employees shall be entitled to vacation time and vacation pay on the following basis:

(a) An Employee who has completed one {1) year of employment as of the

Employee's Anniversary Date, shall receive and take a vacation that year and each

year thereafter of two (2) weeks. Vacation pay shall be equal to four percent (4%)

of said Employee's gross earnings for the past year.

(b) An Employee with less than one {1) year of employment as of the Employee's

Anniversary Date, shall receive vacation pay of four percent (4%) of said

Employee's gross earnings.

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Gross earnings does not include vacation pay.

12.05 Employees shall be entitled to access vacation pay to offset lost wages as a result of

non-compensable sick leave/injury in excess of two (2) consecutive work days.

ARTICLE 13- LEAVES

13.01 TIME OFF FOR UNION BUSINESS

(a) Regular Employees shall be given time off without pay in order to attend Union

Conventions. The Union shall notify the Employer at least four (4) weeks in

advance, if possible. If less than four (4) weeks' notice is given, leave pursuant to

this Article shall be subject to reasonable operational requirements. No more than

three (3) employees shall be off pursuant to this paragraph at any one (1) time.

(b) Upon at least one (1) month's prior notice by the Union, the Employer shall grant

one (1) Employee a leave of absence without pay to attend to Union Business.

Such leave of absence may be extended by mutual agreement of the parties.

The Union shall notify the Employer, at least one (1) week prior, of the return to work of

the Employee granted such Leave.

13.02 PERSONAL LEAVES OF ABSENCE

Personal leaves of absence and extensions shall be requested in writing by Employees.

The Employer determines if a leave of absence is requested for good and sufficient

cause, this approval shall be in writing.

13.03 Any Employee requiring time off to attend Citizenship Court for themselves shall be

given such unpaid time off as requested.

13.04 The Employer shall pay the vacation pay to the Employee on a separate cheque,

designated as Annual Vacation Pay and shall include a statement showing the gross

wages earned during the year, the percentage of entitlement, the date of the period of

vacation covered, and a complete list of deductions, if any.

13.05 BEREAVEMENT LEAVE

The Employer agrees to pay a leave of absence of two (2) days with pay at straight time

for scheduled hours missed to Employees covered by this Agreement, in the event of a

death in the immediate family. The term immediate family shall mean: spouse,

common-law spouse, parent, child, brother, sister, father-in-law, mother-in-law,

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grandparent, grandchild or other person of which the employee is a guardian.

The Employer may request the Employee provide a proof of death certificate.

13.06 WSIB - An Employee injured on the job shall be transported to the nearest Hospital or to

his/her home at no cost to the Employee and shall suffer no loss of wages or benefits for

the day of injury.

ARTICLE 14- NON-DISCRIMINATION

14.01 Subject to the provisions of this Agreement, neither the Union nor the Company in

carrying out their obligations under this Agreement shall discriminate in matters of

hiring, training, promotion, transfer, lay off, discharge or otherwise; because of race,

colour, creed, national origin, age, sex, sexual preference, or marital status.

14.02 The Union and the Employer recognize the right of the Employee to work in an

environment free from sexual harassment

ARTICLE 15 - PAYROLL

15.01 Payment of wages to be paid biweekly.

15.02 A separate detailed statement of earnings shall be given to each and every Employee on

each and every pay day. This statement shall show all the regular hours worked, the rate

of pay, all overtime hours worked and the rate of pay, general holiday pay, the date of

the pay period, also a complete itemized list' of deductions.

15.03 Any Employee who is terminated by the Employer for any reason whatsoever or who

voluntarily leaves the employ of the Employer shall receive all wages due to said

Employee as required by the Employment Standards Act, 2000 and the Employee's

Record of Employment as required by law.

ARTICLE 16- TECHNOLOGICAL CHANGE

16.01 Any Employee whose employment is terminated as a result of technological change,

shall be entitled to bump a less senior employee in a similar position. The employee in

with the least seniority shall be laid off in accordance with the ESA standards.

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ARTICLE 17- TERM OF AGREEMENT

17.01 This Agreement shall be effective as of the date of ratification and shall expire three

years after the date of ratification. It shall continue in force for a further year unless, not

more than ninety (90) days before three years from the date of ratification, either party

furnishes the other party with notice of termination of, or proposed revision to this

Agreement.

'( (,_.

IN WITNESS IJYHEREOF the parties have hereto executed this Agreement this J day

of 1-+uj\J.s.<\:- .

SERVICEMASTER CLEAN OF NIAGARA A DIVISION OF HELPING LIMITED

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SERVICE EMPLOYEES UNION LOCAL 2 BPGWU

APPENDIX "A"

CLASSIFICATIONS

CLEANER

An Employee who performs cleaning duties including floor sweeping, spot mopping with light

weight mop, dust mopping, vacuuming carpets, emptying of waste baskets and ashtrays,

washing of ashtrays and desk tops, cleaning and servicing bathrooms, spot washing (daily

removal of hand prints of day to day traffic and scuff marks) of walls, door frames, door glass,

scrubbing, mopping, heavy sweeping, fill soap and paper towel dispensers.

FLOATER

An employee who travels to various work locations to perform special project work, cover for

employees shortages occasioned by sick leaves, vacations or other reasons. Duties include

regular cleaning duties, cleaning light fixtures, replacing light bulbs, deliveries, detail cleaning,

post-construction work, cleaning of windows which are reachable from the ground or by use of

a step ladder.

TRUCK ROUTE

An employee who travels to various work locations outlined on a daily work order performing

cleaning duties in a specific period of time.

FLOOR SPECIALIST

An Employee, whose primary duties include sweeping, mopping, stripping and waxing floors

and carpet cleaning.

It is understood that from time to time Floaters and Truck Route Employees may be required to

work together to cover work in emergency situations when a floater or truck route employee is

off sick, or on vacation, or rescheduling of contract cleaning requirements due to holidays.

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APPENDIX "B"

HOURLY WAGE RATES

Cleaner: 10.25 start probation

10.55 (2013)

10.80 (2014)

11.05 (2015)

Floater/Truck Route: 11.00 (2013)

Floor Cleaner:

11.50 (2014)

12.00 (2015)

13.00 (2013)

13.50 (2014)

14.00 (2015)

Employees will be paid the applicable wage rate shown above or the applicable minimum wage,

whichever is higher.

The wage rates shown above will not be altered if there is a change in the minimum wage.

Employees earning more than the wage rates shown above on the date of ratification shall

maintain their current wage rates.

Employees earning more than the wage rates shown above on the date of ratification shall

receive the following payments on separate cheques on the dates shown below:

6 months following ratification: 30 cents multiplied by hours worked in the previous six

months


months


months


months

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months


months

23