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COLLECTIVE AGREEMENT RCSS INC. Operating Business As REAL

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COLLECTIVE AGREEMENT RCSS INC. Operating Business As REAL COLLECTIVE AGREEMENT BETWEEN RCSS INC. operating business as REAL CANADIAN SUPERSTORE AND UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 & 633 ARTICLE INDEX PAGE 1. RECOGNITION ........................................................................................................... 1 2. NO DISCRIMINATION ................................................................................................ 2 3. MANAGEMENT .......................................................................................................... 2 4. UNION SECURITY...................................................................................................... 2 5. NO CESSATION OF WORK ....................................................................................... 4 6. ADJUSTMENT OF GRIEVANCES .............................................................................. 4 7. BARGAINING UNIT SENIORITY ................................................................................ 7 8. LEAVE OF ABSENCE ................................................................................................ 9 9. UNION SHOP CARDS ................................................................................................ 9 10. TEMPORARY ASSIGNMENTS .............................................................................. 10 11. WEARING APPAREL ............................................................................................. 10 12. HOURS OF WORK AND OVERTIME ..................................................................... 10 13. CALL OUT AND REPORTING TIME ...................................................................... 12 14. PAID HOLIDAYS ..................................................................................................... 12 15. BEREAVEMENT LEAVE ........................................................................................ 13 16. JURY DUTY ............................................................................................................ 13 17. VACATIONS WITH PAY ......................................................................................... 13 18. COMPENSATION FOR ACCIDENTS AT WORK .................................................. 14 19. HEALTH AND WELFARE ....................................................................................... 15 20. BULLETIN BOARDS ............................................................................................... 16 21. UNION REPRESENTATIVE - VISITS TO STORE ................................................. 16 22. INTERPRETATION ................................................................................................. 16 23. WAGES ................................................................................................................... 17 24. BARGAINING UNIT WORK .................................................................................... 17 25. GENERAL ............................................................................................................... 17 26. TERMINATION AND RENEWAL ............................................................................ 20 SCHEDULE "A": Part-time Employees ......................................................................... 21 SCHEDULE “B”: Minimum Wage Rates and Classifications ......................................... 25 - 2 - ARTICLE PAGE LETTER OF AGREEMENT #1, Re: Incentive Program ................................................ 29 LETTER OF AGREEMENT #2, Re: Garden Center ..................................................... 30 LETTER OF AGREEMENT #3, Re: Paid Holidays ....................................................... 31 LETTER OF AGREEMENT #4, Re: Sunday Work ....................................................... 32 LETTER OF AGREEMENT #5, Re: Full-time Job Security ........................................... 33 LETTER OF AGREEMENT #6, Re: Part-time Job Security .......................................... 34 LETTER OF AGREEMENT #7, Re: Joint Labour Management Meetings .................... 35 LETTER OF AGREEMENT #8, Re: Timmins Real Canadian Superstore .................... 36 LETTER OF AGREEMENT #9, Re: Master Collective Agreement ............................... 37 LETTER OF AGREEMENT #10, Re Part-time Scheduling (Sudbury RCSS only): ....... 38 LETTER OF AGREEMENT #11, Re: Department Mergers .......................................... 39 LETTER OF AGREEMENT #12, Re: JOE FRESH Staffing .......................................... 40 LETTER OF AGREEMENT #13, Re: Temporary Urgent Needs ................................... 41 COLLECTIVE AGREEMENT BETWEEN: RCSS INC. operating business as REAL CANADIAN SUPERSTORE 1485 Lasalle Boulevard, Sudbury (Ontario) (hereinafter called the “Employer”) AND: UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 & 633 (hereinafter called the "Union") ARTICLE 1 - RECOGNITION: 1.01 Real Canadian Superstore recognizes the Union as the sole collective bargaining agency for all employees of the Employer located at the Real Canadian Superstore (s) in the District of Sudbury, and the City of Timmins in the Province of Ontario, save and except: - Store Manager, persons above the rank of Store Manager, - Assistant Store Managers (maximum of 3 per store), - Food Department Managers, CAO Manager, Bookkeeper, - DSTM Managers (up to twelve 12), - DSTM Assistant Department Managers (up to eight 8), - the Pharmacy, Loss Prevention and EDS Department The Employer shall not enter into any agreement or contract with those employees for whom the Union has bargaining rights either individually or collectively. 1.02 This agreement shall set out the terms and conditions of employment of Real Canadian Superstore (s) in the District of Sudbury and the City of Timmins which have 35% or more of their selling square footage in the department store type merchandise (DSTM). Department store type merchandise shall include but is not be limited to: Home Décor, Bed and Bath, Cook and Table, Kids Kloz, Photo Lab, Photo Studio, Electronics, Seasonal, HABA, Home Office, Books and Magazines, Cards and Party, Cosmetics, Housewares, Sporting Goods, Toys, Leisure, Automotive, Hardware, Footwear and Apparel. It is recognized by the parties that the variety of DSTM will change and evolve as the business changes. When a new DSTM department is established, the Manager for that department may be added to the exclusions under Article 1 by mutual agreement of the parties. From time to time, the Employer may establish new DSTM departments according to the following criteria: i) a new group of products or commodities are to be sold; ii) the pre-existing mix of products or commodities is substantially altered to the extent that merchandising and staff requirements are substantially altered. The Employer will provide the Union with a list of the current DSTM departments in each store and will advise the Union prior to implementing any changes to those lists. The Department Managers, DSTM Managers and Assistant DSTM Managers will not normally perform work outside of the department that they are managing, except as follows: - they may perform work outside their department for coverage in other departments and/or scheduling regions (i.e. off hours, days off, absence, vacation, meal periods, breaks, inventory counts etc). - when acting as the store manager, when the store manager and assistant store managers are absent from the store, they may perform the functions normally performed by the store manager. The Employer agrees that for each violation of this section, they will pay a penalty of one hundred dollars ($100.00) payable to the Union’s Education Fund. ARTICLE 2 – NO DISCRIMINATION: 2.01 The Employer and the Union agree that every employee has the right to work in an environment free of harassment. In any harassment investigation, the Company will advise the Union in advance of any investigation and provide a Union Steward/Representative to employees in each meeting. All meetings will be conducted in a private are. The Union, on behalf of any employee, shall have the right to file a grievance on any such complaint. ARTICLE 3 - MANAGEMENT: 3.01 The Union acknowledges the right of the Employer to manage its business in all respects, to direct the working force, to introduce new and improved methods and facilities and to establish and maintain reasonable rules and regulations. 3.02 The Union acknowledges further that is the function of the employer to hire, promote, demote, transfer and lay-off employees, to suspend, discipline and discharge employees for just and sufficient cause. Any exercise of these rights in conflict or inconsistent with the provisions of this agreement shall be subject to the provisions of the grievance procedure set forth in Article 7. 3.03 The Union agrees that the Employer has the exclusive right and power to study or introduce new or improved production and/or handling methods and facilities. 3.04 The parties agree that the foregoing enumeration of Management's rights shall not be deemed to exclude other recognized functions of Management not specifically covered by this Agreement. The Employer, therefore, retains all rights not otherwise specifically covered in this Agreement. ARTICLE 4 - UNION SECURITY: 4.01 The parties agree that all employees covered hereunder shall, as a condition of their employment, become and remain members of the Local Union in good standing in accordance with the By Laws and Constitutions of the Union. 4.02 Any new employees hired after the signing of this agreement shall, prior to the completion
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