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561-91858-21 COLLECTIVE AGREEMENT BETWEEN: HALLMARK HOUSEKEEPING SERVICES INC. 483 Bay Street, Toronto, Ontario (hereinafter called the "Employer"} -and- LIUNA LOCAL 183 (hereinafter called the "Union") ARTICLE 1 - OBJECTS OF THIS AGREEMENT 1.01 The parties are agreed that in accordance with the general purpose of this Agreement it is mutually advantageous that the Employer operates in an efficient and profitable manner under methods which will further to the fullest extent possible the level of service to the client, the economy of operation, the quality and quantity of output, the cleanliness of the premises and the protection of property. 1.02 This Agreement is designed specifically to provide orderly collective bargaining relations between the Employer and its employees who are subject to the provisions of this Collective Agreement to secure prompt and equitable disposition of grievances and to maintain mutually satisfactory hours-of-work, wages and working conditions. ARTICLE 2- BARGAINING UNIT 2.01 The Employer recognizes the Union as the sole and exclusive bargaining representative of all employees of the Employer engaged in cleaning at Bell Trinity Square, 483 Bay Street, in the Municipality of Metropolitan Toronto, save and except Supervisors, persons above the rank of Supervisor, office and clerical staff and students employed during the school vacation period. Hallmark Housekeeping Services Inc. Bell Trinity Square, 483 Bay Street (20 19-2021) Page 1 2.02 Work of the Bargaining Unit: - Persons whose jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit except for the purpose of instruction, experimenting, emergencies, or special duties which are not normally performed by the bargaining unit as mutually agreed upon by the parties. It is understood that two (2) Supervisors who do bargaining unit work shall continue and these people are not in the bargaining unit. The above conditions apply to the present employees only. 2.03 This Agreement shall not be construed to extend to or to effect in any way any other phase of the Employer's business. The term "employee" or "employees" as used in this Agreement shall be construed to include only the classifications of employees set forth in this Article and Appendix "A" and shall not be construed to include any other employees of the Employer in any of the Employer's other divisions, branches or components. ARTICLE 3 - RELATIONSHIP 3.01 The Union agrees that it, its Stewards, Representatives and members will not engage in Union activities on Employer time or at the employees' work area except as authorized by this Agreement. 3.02 All present and new employees in the bargaining unit hired after the date hereof shall be required to become and remain members of the Union as a condition of continued employment. 3.03 The Employer shall deduct from the pay due each month an amount equivalent to the regular Union dues and assessments uniformly levied against the members of the Union and to remit same by the fifteenth (15 1h) of the month following the month for which dues were deducted to the Secretary/Treasurer of the Union. The said sums shall be accepted by the Union as the regular monthly dues of those employees who shall become members of the Union, and the sums so deducted from non-members of the Union shall be treated as their contribution toward the expenses of maintaining the Union. Hallmark Housekeeping Services Inc. Be// Trinity Square, 483 Bay Street {20 19-2021) Page 2 3.04 The Union shall indemnify the Employer and hold it harmless against any and all suits, claims, demands or other forms of liability that shall arise out of or by reason of any action taken or not taken by the Employer for the purpose of complying with any of the provisions of this Article or in reliance on any list, notice or assignment that shall have been furnished to the Employer under any of such provisions. ARTICLE 4- UNION REPRESENTATION 4.01 Allocation of Stewards: - The Employer shall recognize one ( 1) Steward from the day shift, two (2) Stewards from the evening shift [one (1) to be selected from each location], one (1) Steward from the night shift (if applicable). 4.02 Qualifications of Stewards: - All Stewards must be employees of the Employer who have acquired seniority and each Steward must be employed on the shift he represents and can only act on grievances pertaining to the employees of that shift. 4.03 Limitations on Stewards: - No Steward or Union Representative shall exercise or attempt to exercise any authority or control over the functions of Management as set forth in Article 5 hereof. 4.04 Notification to Employer of Union Stewards: - The Union shall notify the Employer in writing of the names of all Stewards and the name of the Chief Steward and of any changes that may occur therein from time-to-time. The Employer shall not be required to recognize a Steward until his name has been certified to the Employer in writing by the Union. 4.05 Time-Off for Stewards: - The Stewards will be afforded such time-off, without loss of pay for regular scheduled hours, as may be required to attend meetings with Employer representatives in the various steps of the Grievance Procedure in which they are authorized to act under this Agreement pertaining to discharges or other matters which cannot reasonably be delayed until after working-hours. 4.06 The privileges of Stewards to leave their work without loss of basic pay to attend to Union business is granted on the following conditions: Hallmark Housekeeping Services Inc. Bell Trinity Square, 483 Bay Street (2019-2021) Page 3 (a) Such business must be between the Union and the Management. Employees having grievances can discuss these with their Stewards during their coffee break or lunch period. The Stewards lunch period may be changed on request to accommodate the Grievor. In the case of a discharge or disciplinary action resulting in the loss of pay, a Steward may be entitled, upon request, to leave work during working-hours in order to prepare and present a grievance. (b) The time shall be devoted to the prompt handling of necessary Union business. (c) The Steward concerned shall obtain the permission of the Supervisor, if no Supervisor is available then permission shall be obtained from the foreperson concerned before leaving his work. Such permission shall not be unreasonably withheld. (d) The time away from productive work shall be reported in accordance with the time-keeping methods of the area in which the Steward is employed. (e) The Employer reserves the right to limit such time if it deems the time so taken to be excessive. (f) Should the Steward find it necessary to assist employees in presenting a grievance during a shift when there is no supervision, the Union agrees that the Steward will not abuse his privilege under this paragraph, by absenting himself from work in an unreasonable manner and for more time than reasonably required to handle the grievance. 4.07 If the Union Representative wants to speak to the Steward about a grievance or other official Union business relating to this Agreement, he shall first obtain the permission of the Employer, which will not be unreasonably withheld, who shall then call the local Union Representative to a location where they may confer privately. 4.08 Jointly with Management, a selected Steward shall be given an opportunity to meet once with new employees for a maximum of ten (10) minutes during regular Hallmark Housekeeping Services Inc. Bell Trinity Square, 483 Bay Street (2019-2021) Page 4 working-hours at a time and place arranged by the Employer within the first two (2) months of employment for the purpose of informing such employees of the contents of the Collective Agreement. 4.09 Prior to the imposition of discipline to an employee, the Supervisor shall notify the employee in advance of the purpose of the interview in order that the employee may contact a Steward to be present at the meeting. 4.1 0 The Employer agrees to provide the union, upon request, an update list of employees covered by this Agreement, their classification, employee status and updated contact information including addresses. 4.11 Where an employee is directed by the Employer to attend a staff meeting, in-service or a meeting during his/her regular working hours, the employee shall be compensated at his/her regular hourly rat for the time spent in such attendnance (including their lunch and/or breat times). ARTICLE 5 - MANAGEMENT RIGHTS 5.01 The Union acknowledges and agrees that the Employer shall continue to reserve all the rights, powers and authority to manage and direct its working forces. Without restricting the generality of the foregoing, such rights of the Employer shall include the right to: (a) Maintain order, discipline and efficiency; (b) Hire, retire, discharge, transfer, classify, promote, demote or discipline employees provided a claim that a non-probationary employee has been discharged or disciplined without just cause; or that a probationary employee has been disciplined or discharged in violation of the standard set out in Article 7.06 may be the subject of a grievance and dealt with as hereinafter provided; (c) Generally to manage the industrial enterprise in which the Employer is engaged, and to exercise all the rights of Management except to the extent that such rights are modified by this Agreement, to determine the Hallmark Housekeeping Services Inc. Bell Trinity Square, 483 Bay Street (20 19-2021) Page 5 services to be rendered, the kinds of machines to be used, the method of operating, and control of materials or goods to be used; (d) Make and alter from time-to-time rules and regulations governing the conduct of employees during working-hours provided that such rules and regulations are not inconsistent with the provisions of this Agreement.
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