SECURITY PERSONNEL
COLLECTIVE AGREEMENT
BETWEEN:
THE CADILLAC FAIRVIEW CORPORATION LIMITED CF FAIRVIEW MALL
(hereinafter called the "Company'')
-and-
UNIFOR and its Local 2003E
(hereinafter called the "Union")
March 1, 2017 to February 29,2020
1 TABLE OF CONTENTS
PAGE NO.
ARTICLE 1 PURPOSE OF AGREEMENT ...... 4
ARTICLE 2 SCOPE AND RECOGNITION ...... 4
ARTICLE 3 MANAGEMENT RIGHTS ...... 4
ARTICLE 4 UNION SECURITY ...... 5
ARTICLE 5 NO STRIKES OR LOCKOUTS ...... 6
ARTICLE 6 UNION REPRESENTATION ...... 6
ARTICLE 7 DISCIPLINE AND DISCHARGE ...... 8
ARTICLE 8 NO DISCRIMINATION ...... 8
ARTICLE 9 GRIEVANCE PROCEDURE ...... 9
ARTICLE 10 ARBITRATION ...... 10
ARTICLE 11 SENIORITY ...... 11
ARTICLE 12 CONTRACTING OUT...... 12
ARTICLE 13 SEVERANCE PAY ...... 13
ARTICLE 14 JOINT CONSULTATION ...... 13
ARTICLE 15 LEAVE OF ABSENCE ...... 13
ARTICLE 16 HEALTH AND SAFETY ...... 15
ARTICLE 17 JOB POSTING ...... 17
ARTICLE 18 VACATIONS ...... 18
ARTICLE 19 HOLIDAYS ...... 20
ARTICLE 20 HOURS OF WORK AND OVERTIME...... 21
ARTICLE 21 BENEFITS ...... 22
ARTICLE 22 BEREAVEMENT LEAVE ...... 23
2 ARTICLE 23 JURY DUTY/ COURT APPEARANCE ...... 23
ARTICLE 24 WAGES AND CLASSIFICATIONS ...... 24
ARTICLE 25 REPORTING PAY ...... 25
ARTICLE 26 TEMPORARY EMPLOYEES ...... 25
ARTICLE 27 COMPLIANCE WITH LEGISLATION ...... 25
ARTICLE 28 JOB PROFILES ...... 25
ARTICLE 29 SUCCESSOR RIGHTS ...... 26
ARTICLE 30 INCORPORATION OF LmERS OF INTENT & APPENDICES ...... 26
ARTICLE 31 NOTICES PURSUANT TO AGREEMENTTERM OF AGREEMENT...... 26
ARTICLE 32 RETROACTIVITY ...... 26
ARTICLE 33 TERM OF AGREEMENT ...... 27
SCHEDULES "A" ...... 28 "B" Wages ...... _ ...... 29 "C" Job Profiles ...... 30 "D" Achievement of Job Rate ...... 32
LETTERS OF UNDERSTANDING No. 1 Benefits ...... 33 No.2 Scheduling Time Off...... 33 No.3 Procedure for filling Additional Shifts ...... 34 No.4 Surveillance ...... 35 No. 5 Privacy Compliance ...... 36 No.6 Observance of Religious Holy Days ...... 36 No. 7 Operating Protocol...... 36 No.8 Part-Time Employee Eligibility for Benefits ...... 37 No. 9 Disciplinary Suspensions ...... 38 No. 10 Cadillac Fairview Code of Business Conduct...... 38 No. 11 Security Dispatch ...... 38 No. 12 Senior Security Guard ...... 39
3 ARTICLE 1 - PURPOSE OF AGREEMENT
1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the Company and its employees covered by this Agreement through the Union regarding wages, hours and working conditions for the employees. It is recognized by this Agreement to be the desire of the Company, the Union and the employees to cooperate fully, individually and collectively for the advancement of the said conditions.
ARTICLE 2- SCOPE AND RECOGNITION
2.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all Security Personnel employed by The Cadillac Fairview Corporation Limited at 1800 Sheppard Avenue East in the City of Toronto, save and except supervisors, persons above the rank of supervisor, private investigators, dispatch, guest services, operations, maintenance, office and clerical staff.
2.02 The parties acknowledge that there may be occasions when the Security Supervisor may be called upon to perform or assist with licensed Security Guard duties during the course of their duties. This assistance will not result in the replacement of a regular scheduled Security Guard shift. Company personnel excluded from the bargaining unit shall perform the work of any employee in this Bargaining Unit in cases of emergency, strike, or lockout. In cases where an employee has been called on site or has been called in due to an emergency, and where the Company is awaiting the employee to arrive, Company personnel, excluded from the bargaining unit, may cover/perform the work until such time as the employee arrives.
2.03 Words imparting the masculine gender shall include the feminine. "Employee" and "employees" as used in this Agreement refer only to employees within the bargaining unit and described above unless otherwise stated.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 Except as limited by a provision of this Agreement, the Company will continue to have the undisputed right to take any action it deems appropriate in the management and direction of the work force. All inherent and common law management functions and prerogatives which the Company has not expressly modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Company.
These rights, management functions and prerogatives include but are not limited to, the right to:
(a) reprimand, suspend, discharge or otherwise discipline employees for just cause including, without limitation, for the reasons set out in Schedule A;
(b) subject to section 11.01, select, hire, direct, assign to shifts, promote, demote, classify, transfer, lay off and recall employees to work;
4 (c) determine the requirements of a job, labour standards, the qualifications of an employee to perform work required (including the right to establish and administer relevant tests which could assist the Company in assessing an employee's qualifications to perform the essential duties of a job when hiring and promoting employees or for training purposes), starting and quitting times, the number of hours and shifts to be worked and when overtime will be worked;
(d) maintain the efficiency of employees;
(e) determine the location of operations or offices or close down its operations or offices or any part thereof or expand, reduce, alter, combine, transfer, assign or cease any job, department, operation or service; control and regulate the use of equipment and other property of the Company;
(f) sub-contract work into or out of its operations, determine the services to be provided, the schedules of service or production, the assignment of work, the size and composition ofthe work force;
(g) make, change and enforce rules, regulations, policies and practices, in the form of standing orders or otherwise, to be observed by employees;
(h) The Company may establish reasonable rules with respect to working conditions not covered by a specific provision of the Collective Agreement, and it is understood that such provisions will not conflict with the Collective Agreement.
(i) decide on the number of employees needed by the Company at any time; introduce new or improved research, development, production, maintenance, services, and distribution methods, materials and equipment and otherwise generally manage the Company's operations, direct the work force and establish terms and conditions of employment except as expressly restricted by a specific provision of this Agreement.
3.02 No employee shall ask or be permitted to make any verbal or written agreement which may conflict with this Agreement.
The Company will not exercise its rights in a manner inconsistent with the provisions of this Agreement.
An allegation that a specific provision of this Agreement has been violated may be processed under the grievance procedure as hereinafter set forth.
The Company's non-exercise of any right or function will not be deemed a waiver of its right to exercise such right or function.
ARTICLE 4- UNION SECURITY
4.01 (a) All employees covered by this Agreement shalf, as a condition of employment, authorize the Company to deduct regular monthly Union dues commencing with the employee's first pay period.
5 (b) All employees to whom this Agreement applies shall be required to join the Union. 4.02 The Company agrees to deduct regular monthly Union dues and initiation fees as certified by the Union to be currently in effect according to the Constitution and Bylaws of the Union from the wages of each employee and to remit the amount so deducted to the Local Union Financial Secretary with a list of the applicable employee names, their respective classification, and the employees' current address and phone number no later than the end of the month in which the dues are deducted, if possible, and in any case not later than the 15th day of the following month. If no deduction is made the reason for such failure to deduct will be provided by the fifteenth ( 15) day of the month following.
4.03 Union dues deduction receipts for income tax purposes will be issued by the Company on the employee's yearly T-4 slip.
4.04 The Union will indemnify the Company and save it harmless from any and all claims or demands which are made to it by any employee as a result of any action taken by the Company pursuant to the provisions of this Article.
4.05 The Company will deduct dues as per the Union Dues Deduction Policy in effect at the time. The union will provide the Company with a copy of Union Dues Deduction Policy and any amended versions as applicable. Currently the Dues Deduction Policy states that where an employee has been off work on an unpaid leave or due to illness or injury for an entire calendar month, the Company will not deduct Union dues from any payments received by the employee during that calendar month. There will be no retroactive deductions from the wages of such an employee on his or her return to work.
ARTICLE 5 - NO STRIKES OR LOCKOUTS
5.01 The Union agrees that there will be no strikes or other collective action which will stop, interfere with or restrict the operation of the Company during the operation of this Agreement and the Company agrees that it will not cause or direct any lock-out of the employees during the operation of this Agreement.
5.02 In the event of a legal strike by another group of employees at the CF Fairview Mall, the Union further agrees that, if any employee engages in any activity in violation of this Article, it will instruct its members to carry out the provisions of this Agreement and to return to work and perform their duties in the usual manner. It is agreed that such instruction will not be for the performance of the struck work, nor will it be given where safe passage cannot be secured.
5.03 The terms "strike" and "lock-out" will be as defined in the Ontario Labour Relations Act.
ARTICLE 6 ·UNION REPRESENTATION
6.01 The Company recognizes two (2) Union Stewards who shall be chosen from employees in the bargaining unit and who have acquired seniority under this Agreement. The Union shall notify the Company in writing of the names of such Stewards at the time of their appointment.
6 6.02 It is recognized that Stewards have their regular work to perform. A Steward may, however after obtaining the prior permission of his or her Supervisor, take time to attend meetings with management for the purpose of representing employees at discipline or grievance meetings. All such activities shall take place on the Company's premises and only after permission has been granted from his or her Supervisor. Such permission shall not be unreasonably withheld. It is understood that one (1) Steward will be sufficient for such discipline or grievance meetings. When meetings are scheduled with Management, stewards will request scheduling accommodation from their supervisors to attend such meetings where necessary and such requests will not be unreasonably denied. The Stewards shall be paid for reasonable time spent attending such meetings with management during working hours.
6.03 The Company agrees to permit the stewards appointed in accordance with 6.01 who would otherwise be scheduled to work to be absent from the workplace without loss of pay for the purpose of negotiation of renewals of this Agreement.
6.04 Subject to the prior approval of the Company, which approval shall be sought as far in advance as possible (and in any event, no less than fourteen (14) days before any affected shifts), leave of absence without pay but without loss of seniority or other benefits may be granted to the two (2) stewards, not to exceed a total of eight (8) scheduled shifts combined in any twelve (12) month period, for the purpose of attending authorized Union functions.
6.05 The Company agrees to endeavour to permit the National Representative of the Union or his or her designate to speak with a Union Steward for a reasonable period of time during his or her working hours provided permission is obtained from management in advance and provided the employee remains on site and available in case of an emergency. The National Representative or his or her representative and the Union Steward shall use their best efforts to minimize any disruption of the work of other employees. Such permission shall not be unreasonably withheld.
6.06 The Company will provide each employee of the bargaining unit with a copy of the Collective Agreement as soon as possible after the agreement is signed.
6.07 The Company further agrees to provide stewards with copies of the Collective Agreement and the opportunity to meet with the new employee for an orientation meeting and to provide them with a copy of the Collective Agreement.
6.08 There will be no Union ~ctivity on the premises of the Company and the Union will not distribute or cause or permit to be distributed on its behalf on the property of the Company any pamphlets, advertising or political matter or other kinds of literature, except to the extent permitted by this Agreement or the Labour Relations Act.
6.09 The Company shall provide the Local Union office and the Union Stewards with:
(a) A list of employees in the Bargaining Unit ranked according to seniority and job classification every twelve (12) months.
(b) Notification in writing as soon as is reasonably possible of: discharges, suspensions, layoffs, recall, any written discipline.
7 A copy of all Company bulletins pertaining solely to Union members shall be given to the Stewards prior to posting or distribution, whenever possible.
6.10 The Company will provide a Bulletin Board for the purpose of posting Union notices. Notices must be signed by a Union Steward and the Manager, Security and Life Safety or their designate prior to posting.
6.11 Recognizing that stewards often work on different shifts, the Company agrees to use best efforts to provide stewards with up to four (4) hours off per month without pay, upon a minimum of 72 hours' notice for the purposes of conducting union business off site.
ARTICLE 7- DISCIPLINE AND DISCHARGE
7.01 (a) No seniority employee will be disciplined or discharged without just cause.
(b) A Steward shall be made available and be present during any meeting between the Company and any bargaining unit employee whose conduct is under investigation or any discipline meeting involving a bargaining unit employee unless the employee objects to the Steward's presence and signs a waiver at that time. The Company will give notice in writing of the reasons for the discipline to the employee and the Steward at the time the discipline is imposed.
If the Company decides to discipline an employee for an infraction, the Company will do so as soon as possible after becoming aware of the infraction and after it has had a reasonable period of time to investigate the matter.
If necessary, the Company may remove an employee from the premises until such time as a Steward is present. In the event a Steward is not present at the request of an employee, the Company shall provide a written copy to the Steward of the discipline levied and notice that the employee requested that a Steward not be present, immediately following the discipline.
(c) When an employee has been dismissed and the circumstances permit, the employee shall be allowed to meet with a Steward for a reasonable period of time (not to exceed twenty (20) minutes) at a time convenient to the Company before the employee leaves the Company's premises.
(d) An employee's files will have all disciplinary actions removed from said file after a period of eighteen (18) consecutive months have elapsed, provided that the offence has not been repeated and no further discipline has been issued within the above-noted period. If an employee works for twelve (12) months without unauthorized absenteeism or lateness, any penalties on his or her record with respect to absenteeism or lateness shall be cleared.
(e) A claim by a seniority employee that he has been unjustly discharged shall be treated as a grievance beginning at Step #2 of the grievance procedure provided such claim is lodged with the Company no later than ten (10) calendar days following the employee's discharge.
8 (f) The representative of the Union or his/her designate with the permission of the employee, shall be entitled to review the employee's personnel file, in the presence of the employee, at any disciplinary meeting. The Company will not prevent the employee from attending his disciplinary meeting. Employees may review their file in accordance with Company POlicy.
ARTICLE 8- NO DISCRIMINATION
8.01 The Company, the Union and the employees covered by this collective agreement agree to comply with the Ontario Human Rights Code.
8.02 It is the policy of the Company to maintain a workplace free from prohibited discrimination and harassment. The Company has developed and posted a Harassment, Discrimination and Workplace Violence Policy. The Union shall be provided with copies of such policy and will be notified of any changes in such policy from time to time.
ARTICLE 9- GRIEVANCE PROCEDURE
9.01 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Agreement. The reason(s) for a grievance and the remedy sought and an indication of the provision(s) of this Agreement alleged to have been violated shall be submitted in writing within the mandatory time limits provided herein and shall be signed by the employee and a Steward. An earnest effort will be made on the part of both parties to settle the dispute promptly.
No employee may file a formal grievance under Step 1 until the employee has first gone to his or her Supervisor, with or without the assistance of the Steward, as the employee prefers, in an attempt to adjust the complaint
Step 1. Failing a satisfactory settlement of a grievance through oral discussion with their Supervisor, an employee alone or with the assistance of a Steward shall present a grievance in writing to the Manager, Security and Life Safety or designate within seven (7) working days of when the matter came to or ought to have come to the attention of the employee concerned. A meeting shall then be arranged within five (5) working days with the employee and the Steward and the Manager, Security and Life Safety or designate and such other management representative as may be appropriate. The decision by the Company following this meeting shall be given in writing within five (5) working days of the meeting.
Step 2: If a satisfactory resolution of the grievance is not reached at Step 1 then the matter may be appealed to the General Manager or designate within five (5) working days of the delivery of the decision at Step 1. A meeting shall then be arranged within five (5) working days of the appeal or on such date as is mutually agreed between the employee, a designated representative of the Union and the General Manager or designate together with such additional persons as the parties may deem appropriate. The decision of the General Manager or designate shall be rendered in writing within five (5) working days of the meeting and failing settlement, the Union may within fifteen (15) working days of such decision (but not thereafter) refer the matter to arbitration as hereinafter provided.
9 9.02 Either the Union or the Company shall have the right to file a written grievance regarding the interpretation, application or administration of this Agreement at Step 2 of the grievance procedure. No grievance shall be filed under this section which could be filed by an individual employee. Such grievance will be submitted within ten (10) working days from the date on which the circumstances upon which the grievance is based are known or should reasonably have been known to the party grieving.
9.03 An employee who claims that he or she has been wrongfully discharged may lodge a grievance within ten (10) calendar days after the actual discharge and such grievance shall be taken up at Step 2 ofthe grievance procedure.
9.04 The time limits are mandatory under the grievance and arbitration procedures but may be waived where mutually agreed in writing. Working days shall not include holidays, as defined in this Agreement, Saturdays and Sundays.
9.05 Any grievance which is not commenced (or processed through the next stage of the grieva nee or arbitration procedure) within the time specified shall be deemed to have been abandoned.
ARTICLE 10-ARBITRATION
10.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether an allegation is made that this Agreement has been violated, either party may, after exhausting any grievance procedure established by this Agreement, notify the other in writing of its desire to submit the grievance to arbitration. The party wishing to refer a grievance to arbitration must do so within fifteen (15) working days (but not thereafter unless mutually agreed upon) of the answer at Step 2 of the grievance procedure.
10.02 The Arbitrator shall be selected by the parties. Should the parties be unable to mutually agree on an Arbitrator after fifteen (15) calendar days since notice as required in 10.01 was given, either party is entitled to request the appointment of an Arbitrator by the Office of Arbitration, of the Ministry of Labour. The Arbitrator shall hear and determine the grievance and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it.
10.03 Each of the parties hereto will jointly share the fees and expenses of the Arbitrator, if any.
10.04 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement.
10.05 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.
10 ARTICLE 11 -SENIORITY
11.01 Newly hired employees will serve a probationary period of five hundred and sixty (560) hours worked for full-time employees and three hundred and thirty-six (336) hours worked for part time employees. Upon completion of the probationary period, a new employee will have his/her seniority dated back to the first day worked from the most recent date of hire. A probationary employee may be discharged where, in the opinion of the Company, any of the employee's performance, attitude, conduct, ability, attendance or ability to get along with other employees or supervisors appears unsatisfactory, provided that in making such evaluation the Company will do so in good faith. Part-time employees are those employees who are regularly scheduled to work twenty-four (24) hours or less per week.
For the purposes of calculating the total number of hours worked by the probationary employee, the hours worked as overtime shall not be counted under this provision. This shall not affect the pay of the employee for overtime hours worked
11.02 Seniority, as referred to in this Agreement shall mean length of continuous service in the bargaining unit.
11.03 The Company will maintain a seniority list showing the date upon which each employee's seniority commenced and the classification to which the employee belongs. The Company will supply the Union with an up-to-date copy of the seniority list every twelve (12) months. Where two (2) or more employees have the same seniority date, their names will be placed on the seniority list in alphabetical order by last name.
11.04 When reducing the work force, the employee having the least seniority in the affected classification will be laid off first provided that, if there is an employee with less seniority in a lower paid classification, the senior employee may, at his or her option, bump the junior employee in the lower paid classification, provided that, in the opinion of the Company formed at the time of the layoff, the senior employee will be able to perform the duties of the junior incumbent in a manner equivalent to the junior incumbent based on skill, competence and efficiency after a familiarization period of 24 hours worked. If a senior employee bumps a junior employee but, in fact, cannot perform in a manner equivalent to the junior incumbent after the 24 hour familiarization period, the senior employee will be immediately laid off and the junior employee recalled. On successfully bumping into a new classification on a layoff, the employee bumping will be paid the rate of the classification into which he or she has bumped. Recalls to work following the layoff will be by classification and will be in the reverse order of the layoff for that classification, subject to the employee who is recalled having the ability to perform the work required.
11.05 An employee will lose seniority and will be deemed to have terminated employment for any of the following reasons:
(a) if the employee quits;
(b) if the employee is discharged and such discharge is not reversed through the grievance and arbitration procedure;
11 (c) if he/she is laid off and fails to return to work within fourteen (14) calendar days after he/she has been notified to do so by telephone and by registered mail to his/her last known address;
(d) if the employee overstays a leave of absence without cause acceptable to the Company or uses a leave of absence for a purpose other than the one for which it was granted;
(e) if the employee is absent for more than three (3) consecutive scheduled working days without notifying a Supervisor or without providing a reason acceptable to the Company. In the event an unexpected accident or illness prevents the employee from advising a Supervisor immediately, the employee must do so as soon as possible and must supply a medical certificate satisfactory to the Company where so requested; and (f) if the employee has been laid off for a period of one (1) year unless the employee notifies the Company and Union in writing (delivered or sent by registered mail) during the 12th month of layoff of his or her continuing interest in recall rights with the Company. If the notices are received, the one-year recall period will be extended by a further one (1) year period for a total of two (2) years.
~ (g) Failure to maintain a security license, in good standing, will be reviewed by the Company and the Union on a case by case basis before the employee would be deemed terminated.
11.06 When recalling an employee from layoff, he/she shall be notified by telephone and registered mail. If an employee is recalled and is not immediately available for work, another employee may be recalled and will be temporarily employed until the senior employee reports within the fourteen (14) calendar day period as outlined above. An employee to whom a registered letter is sent in accordance with this Article must contact the Company within seven (7) calendar days of the notice of return to work if he wishes the Company to hold the job open for him/her. It shall be the employee's responsibility to keep the Company notified as to any change of his/her address or telephone number so that the Company records will be up-to-date at all times.
11.07 Employees temporarily transferred to a position not covered by this Agreement will continue to pay Union dues and be represented by the Union. The Union will be notified in such instances. Such employees will retain their seniority and will be returned to the same classification if transferred back into the bargaining unit within a period of up to six (6) months. After six (6) months employees will lose their seniority unless otherwise agreed to by both parties.
11.08 Employees promoted to Security Dispatch or supervisory positions not covered by this Agreement will retain their seniority if they return to a position in the bargaining unit (as per Article 17- Job Posting) within a period of six (6) months. After six (6) months employees will lose their seniority unless otherwise agreed to by both parties. ARTICLE 12 -CONTRACTING OUT
12.01 In the event that the Company decides to contract out bargaining unit work that would result in the termination of more than two (2) bargaining unit employees, the Company agrees to immediately notify the Union and provide the employees with one (1) month's paid notice in addition to the severance and notice arrangements outlined in Article 13 -Severance pay. The employees may not be required to report to work during the one month notice period.
12 ARTICLE 13- SEVERANCE PAY
13.01 In the event of a partial or full cessation of operations or partial discontinuance of any Part of the operation for whatever cause, which results in the layoff of any of the bargaining unit members, such employees will be provided with notice and severance arrangements in the following manner:
a) Two (2) weeks per each year of service completed as of the date of termination for any employee with up to five (5) years of service; and
b) Three (3) weeks per year of service completed as of the date of termination for employees with more than five (5) years of service;
Up to a maximum of seventy-eight (78) weeks, and inclusive of any notice of termination, pay in-lieu of notice and/or severance pay payable pursuant to the Employment Standards Act, 2000 (Ontario).
A copy of the notice as referred to in Article 12 - Contracting Out shall be given to the Shop Steward and a further copy forwarded to the Union at the same time as it is issued to the affected employee.
ARTICLE 14- JOINT CONSULTATION
14.01 The Company or the Union may request a meeting of the parties to discuss issues relating to the work place. Such request will be in writing and will indicate the issues which the party requesting the meeting wishes to discuss. The other party may respond by identifying further issues for discussion in writing prior to the meeting. The meeting will deal only with issues identified in advance in writing.
If requested, such meetings shall occur once every two (2) months or less frequently if mutually agreed. Up to two (2) Stewards will attend and the National Representative will attend if invited. The meetings shall take place at a mutually agreeable time.
Such meetings will not be used as a substitute for the grievance procedure and will not be used to discuss outstanding grievances without the consent of both parties.
ARTICLE 15- LEAVE OF ABSENCE
15.01 It is agreed that an employee may be granted a· leave of absence for legitimate personal reasons at the sole discretion of the Company. Application must be made in writing and submitted to the Manager, Security and Life Safety for approval.
The Company may, in its sole discretion, grant an unpaid leave of absence for legitimate personal reasons. Requests for such leaves shall be made in writing to the Manager, Security and Life Safety at least twenty (20) working days prior to the intended commencement of the leave wherever possible. Any such leave of absence shall not exceed six {6) months but may be extended by agreement of the parties in writing. In all cases, the Manager, Security and Life Safety shall notify the employee in writing of their decision within ten (10) working days of the request being received.
13 The request for a leave of absence must utilize any remaining paid time balances, i.e. vacation time, personal days before unpaid time will be considered
15.02 (A) The parties agree that in order to address lateness among employees, a system of docking pay will be implemented as follows:
(a) up to 5 minutes late- no deductions from pay;
(b) 6 to 15 minutes late- 15 minutes deduction from pay;
(c) 16 to 30 minutes late- 30 minutes deduction from pay;
(d) 31 to 45 minutes late- 45 minutes deduction from pay;
(e) 46 to 60 minutes late- 60 minutes deduction from pay.
(B) The Company and Union are agreed that culpable absenteeism is cause for discipline and that each absence may constitute an offence for which an employee may be penalized according to the following scheme of penalties. An employee will not, however, be disciplined hereunder until he or she has been given a preliminary warning that his or her absenteeism will henceforth be subject to penalty:
First offence: Preliminary warning Second offence: Written warning Third Offence: One (1) working day's suspension without pay Fourth offence: Forty (40) hours' suspension without pay Fifth offence: Dismissal
In addition, an employee may not be paid for time not worked due to culpable absenteeism.
Non-culpable absenteeism will be treated separate and apart from the disciplinary procedure.
If an employee works for twelve (12) months without unauthorized absenteeism or lateness, any penalties on his or her record which relate to absenteeism hereunder shall be cleared.
15.03 Parental leave and pregnancy leave will be provided in accordance with the Employment Standards Act as amended from time to time. Employees will receive Maternity and Adoption Leave Top-Up pay in accordance with the CF Maternity and Parental Benefits Policy.
15.04 Union Leave -The Company agrees to provide unpaid leave to one (1) employee at a time for up to one (1) year maximum at any given time, without loss of seniority, and without benefits coverage to employees who are hired by the Union.
15.05 Employees who are entitled to a Family Medical Leave under the Employment Standards Act, 2000 (the "Act") as amended from time to time, will be entitled to take such a leave in accordance with the terms of the Act. Employees entitled to take such a leave may be eligible to receive Employment Insurance benefits.
14 15.06 Emergency Leave - Employees are entitled to take Emergency Leave under the Employment Standards Act, 2000, (the "Act") as amended from time to time of up to ten (10) days of unpaid time off work every calendar year because of the employee's illness, injury or medical emergency or the death, illness, injury, medical emergency or other urgent matter concerning a relative as defined in the Act. Employees must request such days in accordance with the Act. Days that qualify as both a statutory Emergency Leave Day and a leave day pursuant to the Collective Agreement, including Bereavement Leave, Sick Leave or a Leave of Absence will automatically and simultaneously count as both Emergency Leave Days and as Bereavement I Leave of Absence or Sick Leave days as applicable.
15.07 Exchanging of Hours in the Same Day:
Employees may exchange shifts on the same day after giving their Supervisor, or designate, not less than twenty-four (24) hours' notice ofthe request in writing. Requests with less notice will not be unreasonably denied.
Exchanging of Shifts on Different Days:
Employees may exchange shifts after giving their Supervisor, or designate, not less than twenty four (24) hours' notice of the request in writing. Consent of the Supervisor, or designate, will not be sought or granted more than four (4) weeks in advance of the exchange of the shifts. The shift exchange must be for shifts during the same payroll calendar week. Requests with less notice will not be unreasonably denied.
The person agreeing to perform the relief will be subject to discipline if he/she is late or if he/she fails to report. The exchanging of shifts shall not result in any additional cost to the Company. If the person agreeing to perform the relief is late or if he/she fails to report without reasons acceptable to the Company, he/she will in future be denied any request to exchange shifts for a one (1) year period following such unexcused absence or lateness.
For employees wishing to utilize mutual relief for extended or long-term purposes on a regular basis (for example, to take courses), advance approval shall be requested by such employees in advance of enrolment in any such course.
ARTICLE 16 - HEALTH AND SAFETY
16.01 The Company and the Union agree to promote the health and safety of all employees at the work place. The Company agrees to take all reasonable precautions for the safety of its employees during working hours and the employees will comply with all Company safety requirements.
16.02 The Company agrees that the Union has the right to choose one (1) employee to sit on the Joint Health & Safety Committee. The selected employee will be provided with 11COre certification" by the Company. Further, the Company agrees to pay the employee as required by the Collective Agreement and the Occupational Health & Safety Act.
15 16.03 In recognition of the obligation of employees to deal with tenants and the public, the Cornpany has agreed to supply uniforms to employees. Uniforms shall be provided in accordance With the CF National Uniform Program as amended from time to time. The Company shall make available all necessary safety equipment in order for employees to perform their jobs and as rnay be required under the Occupational Health & Safety Act. In addition to uniforms provided, Security Guards will also be provided with the items listed below:
Security Guards
Full-time Part-time Seven (7) pants Five (5) pants Eleven (11) shirts Seven (7) shirts Kevlar Gloves (1) Kevlar Gloves (1) Two (2) Sweaters One (1) Sweater Protective Vest (1) and external Protective Vest (1) and external carrier. carrier. Security Jacket (1) Security Jacket (1) Toque (1) Toque (1) Winter Gloves (1) Winter Gloves (1)
CF Fairview Mall wants to maintain a professional working atmosphere that promotes a positive Company image. Security Guards will be required to wear all parts of the provided uniform. The Company will be responsible for cleaning of uniforms.
If the summer bike patrol program is in effect at the property, participating employees wiil be provided with shorts, short sleeved shirt, hat, and sunscreen. Additional items may be provided at managements' discretion.
Employees must maintain an acceptable groomed appearance and to the extent that it is reasonable, must keep physically fit; however, such requirements will not be applied in a manner that would violate the Ontario Human Rights Code. Employees will not wear the uniform supplied on premises licensed by the Liquor Licensing Board of Ontario, except to procure food, in the course of performing their duties and responsibilities or with the permission of their Supervisor to attend a Company-sponsored event. Security Guards may not wear their uniform off Company premises.
The parties agree that when new classifications are created or needs change, they will meet to discuss the nature and adequate supply of uniform requirements.
Employees must refrain from smoking in all tenant and public areas of Company premises and must comply with all applicable smoking by-laws. Employees are permitted to smoke outside in designated areas.
16.04 The Company agrees to pay up to $175.00 towards the cost of approved footwear for full-time employees no more than once per eighteen (18) months and provided proof of purchase is supplied.
16 The Company agrees to pay up to $175.00 towards the cost of approved footwear for Part-time employees no more than once every two calendar years and provided proof of purchase is supplied.
The Company also agrees to replace the above footwear as needed if it is destroyed or Worn out in the performance of an employee's work as determined by the Joint Health and Safety Committee Representatives.
16.05 The Company and the Union agree to fully abide by the provisions of the Occupational Health and Safety Act.
16.06 Should an employee be sent home or sent for treatment as a result of an accident covered by the Workplace Safety & Insurance Act, they shall be paid for the remainder of their normal shift of work on the day of the accident by the Company at the rate of pay lost. The parties agree that they will abide by the Workplace Safety & Insurance Act in effect during this Agreement.
The parties understand their respective obligations pertaining to WSIB Duty to accommodate. Therefore the parties will cooperatively work together in fulfilling this obligation.
16.07 The Company shall provide and maintain adequate change room (lockers), lunchroom, and washroom facilities for the use of the employees.
ARTICLE 17 -JOB POSTING
17.01 When a permanent vacancy occurs in one of the classifications covered by this Agreement or when a classification is created, the Company will post a notice of the vacancy, to the Bargaining Unit only first for a period of seven (7) calendar days. The notice will specify the classification, the nature of the job, and qualifications required. An employee who wishes to be considered for the position so posted will signify their desire by making written application to the person designated on the posting within the seven (7) calendar day posting period.
17.02 When filling any job vacancy under this Article, the Company will consider the requirements and efficiency of operations, the work performance and attendance record of the applicants and the present skill, ability and quanfications of the applicants to perform the required work and, where these are relatively equal, in the opinion of the Company, seniority shall govern. Before considering outside applicants, the Company must consider whether any internal applicants have the present skill, ability and qualifications to perform the required work as set out in this section.
17.03 Any job which is vacant because of illness, accident, vacation, leave of absence, temporary transfer or temporary promotion and temporary vacancies will not be deemed to be vacant for the purposes of this Article.
17.04 The Employer will notify the Union as soon as possible of any decision not to fill a vacant position.
17 ARTICLE 18-VACATIONS
18.01 The vacation year is from June 1 through May 31. An employee's vacation entitlement is determined by length of service on May 31.
18.02 New hires will receive a vacation of 1.25 days for each month or half month (i.e. 15th day of the month) of employment worked up to May 31st in any year up to a maximum of three (3) weeks. As of June 1st of any year employees will receive three (3) weeks of vacation, to be taken in the current vacation year.
18.03 (a) Employees with five (5) years of service or more as of May 31 in any year will be entitled to receive a vacation of four (4) weeks during the following vacation year.
(b) Employees with fifteen (15) years of service or more as of May 31 in any year will be entitled to receive a vacation of five (5) weeks during the following vacation year.
(c) Effective June 1, 2011, the six (6) weeks' vacation entitlement is eliminated and the following employees are grandfathered:
(i) Those employees who had six (6) weeks' vacation as at May 31, 2011;
(ii) Employees who had completed sixteen (16) years of service as of May 31, 2011 will receive six (6) weeks of vacation effective June 1st following their twenty-two (22) years of service date.
(d) Cadillac Fairview's vacation year runs from June 1 of one year to May 31 of the following year. Employees hired during the vacation year will receive 1.25 days of vacation time for each month of employment from their hire date (credit for the full month will occur for employees who start prior to the 15th of the month) to May 31 and must take such vacation time prior to May 31 ofthat year. Vacation pay will be calculated based on the employee's regular wages, pro-rata over the amount of vacation time earned to May 31.
During their first full vacation year of employment following their hire date and for each subsequent vacation year, employees will accrue vacation time and vacation pay in one year and be eligible to take the accrued vacation time during the following vacation year. At the conclusion of each vacation year, Cadillac Fairview will calculate the vacation pay accrued by each employee during the previous vacation year. Vacation pay will be calculated as being 2% of all regular wages, overtime and premiums paid to the employee (excluding sick pay and vacation pay) during the previous vacation year for each week of vacation the employee is eligible to take during the following vacation year (e.g. 3 weeks' vacation time equals 6% vacation pay). If an employee's entitlement to vacation time increases during the vacation year, his/her vacation pay accrual calculation will be based on a percentage blend (e.g. 6% for portion of vacation year in which entitlement is 3 weeks, and 8% for portion of vacation year where vacation entitlement increases to 4 weeks).
18 Once Cadillac Fairview has calculated the total amount of vacation pay accrued by an employee during the previous vacation year, Cadillac Fairview will calculate the amount of vacation pay required to provide the employee with paid vacation time off at his/her regular wages for each week of vacation the employee is eligible to take during the following vacation year. Cadillac Fairview will retain that amount and pay it to the employee when such vacation time is taken during the following vacation year. The remaining amount of accrued vacation pay, if any, will be paid to the employee on either the last pay June or the first pay in July each year.
If the vacation pay accrued by an employee during the previous vacation year is less than the amount of vacation pay required to provide the employee with vacation pay at his/her regular wages for each week of vacation the employee is eligible to take during the following vacation year, Cadillac Fairview will supplement such accrued vacation pay as necessary to ensure that the employee is provided with vacation pay at his/her regular wages for each week of vacation the employee is eligible to take during the following vacation year.
(e) For the purpose of clarity, it is agreed that one (1) week is equal to forty (40) hours for full time employees.
(f) Vacation pay will be paid out within three (3) pay periods after the end of the vacation year (currently May 31) each year.
18.04 Vacation requests will be granted on a first come, first served basis.
18.05 Vacation pay will not be allowed for vacation not taken. Any unused vacation privileges will only be allowed to accumulate in the sole discretion of the Manager, Security and Life Safety until conditions permit them to be exercised during the next vacation year.
18.06 When an employee's scheduled vacation day coincides with their regularly scheduled paid holiday or another day established by statute or decreed by the Company for its observance, such holiday will be taken on a day mutually agreeable to the Company and the employee, failing prior agreement, will be added to the end of the employee's scheduled vacation.
18.07 Where an employee is recalled from layoff who has been paid vacation pay under this Agreement or the Employment Standards Act at the time of or after the layoff, the employee's vacation pay will be reduced by the amount of vacation pay paid at the time of after the layoff.
18.08 Where an employee's scheduled vacation is postponed due to illness, accident or hospitalization (verified by a medical certificate), which commenced prior to and continues into the scheduled vacation period, the employee will notify his/her Supervisor prior to commencing his/her vacation and the period of such illness shall be considered sick leave.
18.09 The Company agrees that employees in the bargaining unit will be granted any improvements made to the corporate Vacation Policy in regard to entitlement should such occur during the life of this Agreement.
19 ARTiaE 19- HOLIDAYS
19.01 Subject to section 19.03, all employees will be paid as per the Employment Standards Act, 2000 at their straight time hourly rate for the following statutory and Company holidays, subject to the following conditions:
Statutory Holidays Company Holidays New Year's Day Labour Day Staff Appreciation Day Family Day Thanksgiving Day Civic Day Good Friday Christmas Day Victoria Day Boxing Day Canada Day
In order to be eligible for public holiday pay, employees must have worked both the regular scheduled shift preceding and following the holiday, unless they had a reasonable cause for failing to do so. All employees who are on extended leave or who otherwise had reasonable cause to be absent and who do not work their scheduled shift preceding and following the holiday will be paid in accordance with the Employment Standards Act, 2000. Employees who are scheduled to work on the holiday or any day designated as the holiday and who do not report for work or do not work their scheduled hours without reasonable cause will not be entitled to public holiday pay.
The parties agree that the Employer is a "continuous operation" within the meaning of the Employment Standards Act, 2000, as amended from time to time.
19.02 If any such holiday falls on a Saturday or Sunday and another day is established by statute or decreed by the Company for its observance, it will be deemed to be the holiday for the purpose of this Agreement. For shift workers, the following holidays will be celebrated on the day they occur: Christmas Day, Boxing Day, New Year's Day and Canada Day.
Employees who are regularly scheduled to work weekends are treated as shift workers for the purposes of this clause. Employees who are not regularly scheduled to work weekends are not shift workers for the purposes of this clause and the replacement day is the observance day.
For Clarity- An employee will receive payment in accordance with Article 19.03 for working either the actual holiday or the observance day but not both.
19.03 Employees who work on holidays, except Staff Appreciation Day, will be paid at the rate of:
(i) two and one-half times (2Y2x) pay for the hours worked on the holiday; or
(ii) one and one-half times (1Y2x) pay, and will be given a regular day off with pay at a later date;
at the employee's option. Every employee who is employed as of January 1 of any year and who has successfully completed his or her probationary period, will be given a regular day off with pay as their Staff Appreciation Day. The Staff Appreciation Day must be taken before December 31 of the same year and no payment will be made for time not taken.
20 19.04 Individual employees who work on holidays or who work overtime will be given the option of taking days off to correspond with the number of holidays so worked or the amount of overtime earned. Such days off shall be scheduled at a later date to a maximum of sixteen (16) hours at any one time, not to exceed a maximum of forty (40) hours per fiscal year. Once the forty (40) hour maximum is reached for the fiscal year, all remaining overtime will be paid out. With respect to holidays, payment will be made at the rate of time and one-half (1Yi x) for working on the holiday and straight-time payment will be banked for payment when the day off is scheduled. Employees who wish to take advantage of this option for the current year will so advise the Company two (2) weeks before the holiday. Banked days not used by October 31st of each year will be paid out within two (2) pay periods.
Banked days cannot be used Black Friday, Christmas Day, Boxing, New Year's Day or during the month of December or the two (2) weeks of March Break (Should there be more than one (1) week).
Please see Letter of Understanding #2 for guidelines related to the scheduling of time off
ARTICLE 20- HOURS OF WORK AND OVERTIME
20.01 This Article only provides the basis for the calculation of time worked and will not be construed as a guarantee of the hours of work in a day or a week or a guarantee of days of work or otherwise. Work Schedules shall be posted at least two weeks in advance for all employees.
20.02 The Company may reduce the number of hours in a day or in a week for business reasons or in order to avoid the necessity of layoffs. The Company will inform the Union in advance of a general permanent reduction in hours in a day or in a week.
20.03 Overtime opportunities for bargaining unit work will be offered to members of the bargaining unit in accordance with Letter of Understanding #3 attached to this Agreement.
20.04 Employees will be paid overtime for hours worked in excess of forty (40) hours weekly. Overtime will be paid at the rate of time and one-half (1Yix), provided that the employee works all hours regularly scheduled in the workweek. WSIB leaves will be considered hours worked for the purpose of this clause. In its discretion, the Company may give employees, who request it, time off instead of overtime pay to compensate them for overtime worked. Time off will be given on the basis of one and one-half (1Yix) hours of time off for each hour of overtime worked and will be taken at a time approved by the Manager, Security and Life Safety in accordance with Article 19.04.
It is understood that all overtime worked by employees is voluntary and no employee can be compelled to work overtime if they do not wish to do so.
And further it is hereby agreed that no employee shall be requested nor required to take time off in lieu of overtime payment for work performed. 20.05 It is understood that, unless mutually agreed to otherwise, scheduled hours of work contain:
(a) For eight (8) hour employees, two (2) paid fifteen (15) minute breaks. In addition, employees scheduled to eight (8) hours will receive a paid half hour (0.5) hour lunch break at approximately the midpoint of their shift.
21 (b) In order to provide appropriate breaks and lunches for employee(s) working shifts outside of the standard shifts (8 hours or 12 hours) the parties agree the following will reflect the manner in which such employees will receive breaks or lunches.
Employees working: hours less than 1.99 hrs = 0.00 2.0 hrs- 3.99 hrs = .25 hrs 4.0 hrs - 5.99 hrs = .50 hrs 6.0 hrs- 7.99 hrs = .75 hrs 8.0 hrs- 9.99 hrs = 1.00 hr 10 hrs - 11.99 hrs = 1.25 hrs 12 hrs- 13.99 hrs = 1.50 hrs 14 hrs - 15.99 hrs = 1.75 hrs 16 hrs = 2.00 hrs
20.06 Upon presentation of a receipt, the Company will pay a meal allowance of up to twelve dollars ($12.00) to any employee who works two (2) or more hours of unplanned overtime during any one shift.
20.07 Pyramiding of Benefits - It is agreed that there will be no pyramiding of premiums under this Agreement. However, where an employee may be entitled to two rates of pay under the provisions of this Agreement, the higher rate will prevail.
20.08 The Company will pay a shift premium, for the night shift which is currently 12:00 a.m. and 8:00 a.m., as follows:
March 11, 2018 $0.60/hr March 1, 2019 $0.61/hr
20.09 Call-in - An employee who is called in and who reports for work as required thereafter shall receive a minimum of four (4) hours' pay at their straight time hourly rate unless Article 20.04 is triggered, provided that such call-in shall not apply to hours which fall within his/her scheduled shift and the call-in pay and overtime premium shall be reduced should such occur. The Company will pay time and a half ·(l.Sx) to employees who are called in to work on Article 19 holidays. ARTICLE 21 - BENEFITS
21.01 The Company and the Union agree that employees in the bargaining unit will be eligible to participate in the Company-wide benefit program according to the terms of the program as in effect or amended from time to time, which includes, as of the date of this Agreement, extended medical, dental, disability and life insurance, the Company pension plan, the Bridging Service Plan Policy, the Milestone Policy and the Tuition Reimbursement Policy. Eligibility, coverage, benefits and other items will be determined in accordance with official Company policy, insurance contracts or the registered pension plan text. Changes in the plans will be applied to employees in the bargaining unit at the same time as other Company employees. The benefits noted above may be viewed on CF Mosaic.
22 21.02 Employees will be required to tender an acceptable doctor's certificate at the employee's expense if requested by the Company due to frequent or pattern absenteeism or if absent for twenty-four (24) hours of consecutive scheduled work due to illness and as required by the terms of the Short and Long Term Disability Plans. The Company reserves the right to require an employee to visit a specialist to ensure an employee is fit to return to work or determine if an employee is capable of modified work. An acceptable doctor's certificate will stipulate that the employee was unfit for work on the days he or she was absent and the certificate will indicate that the employee is fit for work or when the employee will be fit for work and any medical restrictions. For long-term absences, a more extensive certificate may be required for purposes of entitlement to group disability benefits.
21.03 The Company will not be liable for the payment of any insured benefits as provided in the plans referred to in Articles 21.01 and 21.02 and any claim by an employee for such benefits will be adjusted between the employee and the insurer concerned, provided that the Company will give reasonable assistance to employees in adjusting such claims.
ARTICLE 22- BEREAVEMENT LEAVE
22.01 In case of a death in the immediate family of an employee who has completed the probationary period, the Company will grant leave of absence with pay, not to exceed four (4) days at the employee's normal straight time hourly rate, as may be necessary for the purpose of attending the funeral and making funeral arrangements. Immediate family means mother, father, brother and sister, spouse (including common-law and same-sex spouse), children, step-mother, step father, step-sister, step-brother and step children.
22.02 Employees will be granted a one (1) day leave of absence with pay to attend the funeral of their mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle and cousin.
22.03 Additional unpaid bereavement leave may be granted at the discretion of the Manager, Security and Life Safety. Bereavement leave is not vacation time and can only be taken when required. Employees may request additional unpaid time or request to schedule their banked time or their vacation time in conjunction with the bereavement leave, and such request will not be unreasonably denied. An employee will not receive bereavement pay when it duplicates pay or any other allowance received for time not worked for any other reason. Time lost and compensated for will not be counted as hours worked for purposes of determining overtime.
ARTICLE 23- JURY DUTY/COURT APPEARANCE
23.01 The Company will pay to any employee who may be required to serve as a juror in any court of law in the country in which the employee resides, the amount the employee would have received for his or her regularly scheduled hours, had the employee worked, at his or her normal straight time hourly rate, provided that, where practicable, such employee will return to work each day before or immediately upon being discharged from jury duty. In such event, based on an eight hour shift rotation, an employee shall not be required to work more than eight (8) continuous hours in any twenty-four {24) hour period, including jury duty. The employee may be required to present written proof that he or she was required and did serve as a juror during the period for which the employee is requesting pay. Hours paid for time spent
23 serving on a jury are not considered hours worked for the purposes of computing overtillle. For the purpose of this clause, employees who work shift work will be deemed to be working on a day shift.
23.02 The Company will pay to any employee who may be required to make any work-related appearances in court, the amount the employee would have received for his or her regularly scheduled hours, had the employee worked, at his or her normal straight time hourly rate, provided that, where practicable, such employee will return to work each day before or immediately upon being discharged from court. Hours paid for time spent in work-related court appearances will be considered hours worked for the purposes of computing overtime.
ARTICLE 24- WAGES AND CLASSIFICATIONS
24.01 The Company agrees that employees employed in the bargaining unit will be paid in accordance with Schedule "B".
24.02 The Company reserves the right at any time to install a time management system, (namely swipe cards) which employees will be required to use in order to prove time worked for the Company. In the event that any employee does not properly use the time management system, he will not be paid for hours allegedly worked.
The above applies if an employee does not swipe in/out, however the employee will be paid if he/she can reasonably demonstrate that he/she was at work for the period he/she failed to swipe in or out and notifies his/her supervisor to make the necessary adjustment. If the problem is corrected prior to the submission deadline for the pay period in which it occurs the employee will be paid on their normal pay day. Any shortage in pay discovered after the submission deadline for the pay period in question will be paid to the employee in their next pay period.
An employee who receives an overpayment in wages or benefits shall be required to advise and arrange the return of such overpayment to the Company. Any such overpayment which is not discovered for three (3) weeks shall however be recouped in gradual amounts rather than in a lump sum so as not to impose financial difficulties on the employee concerned save under circumstances where the employee has obtained such overpayment through fraud or wilful misrepresentation. The employee will be provided with a revised pay statement, if required.
If an employee is shorted $150 or more from their earnings in a pay period, the employee will be paid for the shortage within a period of twenty-four (24) to forty-eight (48) hours Monday through Friday (excluding Article 19 Company Holidays) after it is brought to the attention of the Human Resources Department.
24.03 An employee who is assigned work in a higher classification shall be paid at the higher applicable rate, providing the work involved is for four (4) hours or more. An employee who is assigned work in a lower classification shall be paid at their regular rate regardless of the number of hours of work performed at the lower rate. An employee who requests to be assigned work in a lower classification for whatever reason shall be paid at the lower applicable rate regardless of the number of hours of work performed at the lower rate.
24 24.04 New Classifications - Should the Company create a new classification during the life of this Agreement, it shall negotiate rates of pay with the Union. Should the parties be unable to reach an agreement, the Company will establish a temporary rate, taking into consideration the pay of the existing classifications, the nature of the work, responsibilities, etc. and the dispute may be the subject of a grievance.
24.05 Employees will be paid by the Company bi-weekly on Fridays.
ARTICLE 25- REPORTING PAY
25.01 Unless employees are notified in advance not to report for work, employees who report for work at their regular starting time and for whom no work is available shall receive four (4) hours pay at their straight time hourly rate.
25.02 The provisions of this Article shall not apply in the event of any condition beyond the control of the Company which prevents the Company from providing work or where the Company is unable to advise the employee or leave a message not to report to work because the employee has not provided a current address and telephone number to the Company.
ARTICLE 26 -TEMPORARY EMPLOYEES
26.01 The Company may hire temporary employees, including summer help, to cover long-term absences, to assist with workload fluctuations and emergencies, including filling in until a vacancy has been filled, or to help out during the vacation period. A temporary employee may be terminated upon the absent employee's return to work, when the workload declines or emergency ends, the posting is filled or at the end of the vacation period.
26.02 Temporary employees will not acquire seniority rights under this Agreement and may be laid off at any time for any reason without right of recall. Temporary employees who apply for and are accepted for permanent positions must successfully complete the probationary period after which their seniority will date from their most recent date of hire. The probationary period will begin after the employee has applied for and been accepted for a permanent position.
ARTICLE 27- COMPLIANCE WITH LEGISLATION
27.01 Should any Clause, Article or Section of this Agreement be held to be in violation of an applicable statute by a court or the administrative tribunal responsible for the administration of that statute then this Agreement shall be read as if such Clause, Article or Section did not form a part of this Agreement and all other Clauses, Articles or Sections of this Collective Agreement shall continue to apply.
27.02 The parties agree to abide by the Employment Standards Act in effect during the Agreement to the extent that such Act provides a greater benefit than the provisions of this Collective Agreement.
27.03 Security Guards must immediately notify their Supervisor if their licence is suspended, revoked or expires.
25 ARTICLE 28 - JOB PROFILES
28.01 For the classification(s) outlined in Schedule "C", the attached job profiles shall be used as general guidelines as to the purpose, primary duties and qualifications for each classification. These job profiles are not intended to be job descriptions and may be amended from time to time within the management rights provision of this Agreement.
ARTICLE 29- SUCCESSOR RIGHTS
29.01 The provisions of this Agreement shall be binding upon any future successor employer as defined under the Ontario Labour Relations Act.
ARTICLE 30- INCORPORATION OF LETTERS OF INTENT AND APPENDICES
30.01 Any Letters of Understanding negotiated between the Company and the Union shall be deemed to form part of this Agreement as if it had been incorporated herein. All Letters of Understanding shall be located at the back of the Agreement, identified by a heading and a number. Any new Letters of Understanding must be signed by authorized representatives of both parties.
30.02 Schedules "A", "B", "C", and "D" are attached to and form part of this Agreement.
ARTICLE 31 - NOTICES PURSUANT TO AGREEMENT
31.01 Notices required to be given under the provisions ofthis Agreement shall be in writing and shall be sufficient if scanned by e-mail to the appropriate recipient or delivered to the appropriate recipient personally. The e-mail addresses of the recipients are:
The Company Rachael Jensen Regional Manager, Human Resources & Labour Relations E-mail: rachael.je nsen @cadillacfa irview .com
The Union Dan Valente National Representative Unifor E-mail: [email protected]
The parties agree to notify each other of a change to the appropriate recipient as soon as possible.
ARTICLE 32- RETROACTIVITY
32.01 The parties agree that none of the provisions of this Agreement except wages will be retroactive prior to the date of ratification by both parties of the Memorandum of Settlement of all matters in dispute.
26 ARTICLE 33- TERM OF AGREEMENT
33.01 This Agreement shall become effective as of March 1, 2017 and shall continue in effect until February 29, 2020 and thereafter from year to year until terminated or amended by either party. Ninety (90) days prior to the expiration of this Agreement or any subsequent anniversary date, either party may notify the other of its desire to negotiate amendments and both parties shall thereupon enter into negotiations for a renewal of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Collective Agreement on this .J..Z_ day of =;)\a\\ 1 , at Toronto, Ontario. '"I THE CADILLAC FAIRVIEW UNIFOR LOCAL 2003E CORPORATION LIMITED, cfti~p~ Dan Valente
Roy Manias
27 SCHEDULE "A"
The parties have agreed that the following offences are of such a degree that continued employment may not be desirable and they, therefore, may be treated by the Company as just cause for immediate discharge without warning.
1. Refusal to follow the reasonable directions or orders of their Supervisor or a designated person in their absence.
2. Wilfully falsifying any pertinent Company records, including medical certificates.
3. Punching the time card for another employee or permitting another employee to punch his or her time card.
4. Deliberately destroying, damaging or defacing Company property, including documents, tools, equipment or the property of others on Company premises.
5. Deliberately delaying or restricting production or inciting others to delay or restrict production.
6. Deliberately assaulting, punching or striking anyone including a fellow employee, customer, Manager or Supervisor except in cases of self-defence.
7. Bringing narcotics other than prescribed drugs on Company premises, or using narcotics other than prescribed drugs on Company premises, or consuming alcohol on Company premises during the employee's working hours, or reporting for duty under the influence of alcohol or narcotics other than prescribed drugs.
8. Carrying firearms or other dangerous weapons onto Company premises.
9. Theft of Company, customer or employee property.
10. Committing a criminal offence during working hours, for which police charges have been laid.
11. Endangering the health or safety of persons by failing to comply with Company safety requirements or failing to use protective equipment as required by the Company.
12. Disclosure of confidential information identified as being confidential and belonging to the Company or relating to its operations that the Company has advised is confidential.
It is understood that other misconduct may also be grounds for immediate discharge without warning or for other discipline.
28 SCHEDULE "B"
WAGES
Job Classification March 1, 2017 March 1, 2018 March 1, 2019 Security Guard
Probation $16.50 $16.83 $17.17
Upon Completion of Probation $16.75 $17.09 $17.43
Job Rate $18.87 $19.25 $19.63
Present employees who make more than $18.87 per hour will be green circled and maintain their 5 current hourly rate and will receive the negotiated annual general wage increases on March 1 t each year. General wage increase of 2% in 2017 (for employees making more than the job rate), 2018 and 2019.
29 SCHEDULE 11 C:'
JOB PROFILES
Classification Job Duties Qualifications
Security Guard - Provide exceptional service to maximize on -Community College education opportunities of a positive customer in Law Enforcement/Security or experience; equivalent is preferred; -Maintain compliance with property -High school Diploma or standards, rules and regulations. equivalent - Detect and report on safety concerns, - Minimum one (1) year of hazards and deficiencies. shopping centre security -Patrol all areas of CF Fairview Mall experience preferred; - Follow direction from Security Dispatch with -Valid PSISA Security License; respect to attending calls for emergency or -Complete CF Serve and Secure other related security details and Use of Force program(s) -Maintain a detailed memo book and prepare with annual recertification; incident reports on all matters dealt with - CPR/First Aid Certification; -Work closely with other departments (Guest -Working knowledge of Services, Operations, Marketing and Occupational Health and Safety Management), to provide customer service Act; support to clients. - WHMIS and other safety -Maintain high visibility in the performance courses an asset; of duties to detect, deter and respond to - Knowledge of applicable incidents, Federal, Provincial and Municipal -Respond and seek resolution to customer Legislation and regulations is concerns/complaints; preferred; -When necessary, enforce the property's -Good computer skills rules and regulations in a fair and responsible (Microsoft Office; Google Suite) rna nner as outlined in Standard Operating - Prior work experience in a Procedures and training programs. customer service environment is - Remain vigilant for signs of criminal and/or a definite asset; suspicious behaviour related to the property -Ability to use and inspect and initiate the appropriate steps to safety, fire and security systems; respond/report/follow up as per operating - Strong interpersonal and guidelines; customer service skills; - Remain prepared to respond to crime, -Strong written and verbal disturbances, fire and other emergency communication skills; situations as outlined in Standard Operating -Ability to exercise sound Procedures and Emergency Response Plans.; judgment, discretion and overall -Where authorized to do so, respond to decision-making skills; crimes that have occurred and ensure -Ability to demonstrate tact and appropriate law enforcement authorities are diplomacy in dealings across a summoned; range of settings and situations; -Respond to medical emergencies and -Ability to work in a challenging, provide first aid, CPR or AED support as fast-paced environment. necessary until medical professionals arrive;
30 -conduct visual inspections of service rooms as required -conduct Tenant Safety Inspection Audits -Prepare written reports using the Company's standard report-writing program; -Support of JH&S program to ensure occupational safety is prioritized and effectively practiced throughout all areas of property operations; -Attend all training sessions and successfully complete course requirements - Inspect fire equipment and escalators as required; -complete procedures related to building operating hours and traffic management programs -Security Guards in the bargaining unit will provide back-up for Security Dispatch as required in the absence of the Senior Security Guard or Dispatcher - Memo delivery as requested - Perform other duties as assigned.
31 SCHEDULE "D"
ACHIEVEMENT OF JOB RATE
The job rate is achieved once a Security Guard has completed the following: • Twelve (12) months of active service (vacation and statutory and Company holidays taken shall form part of active service). • Successfully completed the Serve and Secure Training Program; The Serve and Secure Training Program must be completed within the first four (4) months from the date of hire. • Successfully completed the Use of Force Training Program; The Use of Force Training Program must be completed within the first four (4) months from the date of hire. • Successfully completed additional Company required training programs.
Failure of an employee to achieve certification and annual re-certification in Serve and Secure and Use of Force will be reviewed by the Company and the Union on a case by case basis.
Serve and Secure Program:
The Security Guard will be paid for the time spent attending the company required training programs and necessary recertification. Should a Security Guard not be successful on any examination, make up sessions will be provided prior to that Security Guard attending any subsequent module training. New Security Guards shall be enrolled in the Serve and Secure Training Program on the next upcoming module. Once a Security Guard has achieved the job rate, he or she will be required to attend refresher courses from time to time and will be paid for time spent attending such training. Examinations shall be as set out by the Serve and Secure Program.
Examination
At the end of each session there is an examination using a variety of methods to evaluate the guards. The guard must receive a mark of 75% or higher on each examination in order to receive a certificate of completion in the Serve and Secure program. Each year after, the guard will have to recertify by passing a 100 question multiple choice examination on the entire program, in which a passing grade is again 75%.
The number of questions in each test will be dependent upon course material, but all questions will be on the material that is covered in the lecture.
A certificate of completion will be issued to the Security Guard upon completion of the entire program. As indicated above Security Guards must recertify on a yearly basis. This must be done within 13 months of their completion date (e.g. program completed on April 1st, in one year, recertification must be administered by May 31, of the following year)
Serve and Secure Framework
• Timeframe of each module is eight (8) hours. Each module contains three (3) sessions. One (1) module has four (4) sessions • The modules are taught and graded by the Supervisors. Records of examinations are forwarded to National Operations.
32 • Security Guards must pass each session within a module before participating in the next module • New Security Guards will join the program in progress • Participation in the program is mandatory
The Security Supervisor will be the Guard's key resource throughout this program. However, the main accountability for the Guard's development will rest with the Guard.
Use of Force/Handcuff Training & Recertification: • Training is a two day course (16hrs) on site or at another CF property that is hosting the training. (TEC, TD Centre). The Security Guard will be paid for the time spent attending the company required training program and annual recertification. • The training is with a certified CF approved instructor for Use of Force/Handcuff Certification. • Security Guards must pass all sections of the training in order to receive a certification. Handcuff, Physical Skills and Academic skills will be evaluated and graded by the instructor. • New Security Guards will join the program in progress • Participation in the program is mandatory
LETTER OF UNDERSTANDING #1 RE: BENEFITS
Notwithstanding Article 21, this will confirm that the Company has informed the Union during the collective bargaining that it will not reduce benefits covered by Article 21 of the Collective Agreement during the first two (2) years of the term of the Collective Agreement. Further the Company has informed the Union that it is not currently planning to reduce benefits covered under Article 21 of the Collective Agreement during the term of the Collective Agreement.
In the event that the Company does decide in the third (3rd) year ofthe Collective Agreement to reduce benefits covered under Article 21 of the Collective Agreement, the Company shall provide the Union with three (3) months' notice of such reduction and shall meet with the Union to discuss viable alternatives prior to making any final decision.
LETTER OF UNDERSTANDING #2 RE: SCHEDULING TIME OFF
We write to confirm an agreement reached during negotiations for the current Collective Agreement regarding the scheduling of time off, as follows:
No employee shall work on a day that they are scheduled to be off on Company paid leave.
1. Absence Requests: • Employees must complete absence requests through the online Absence Request System which will be sent to the Supervisor for approval. • Vacation/Lieu Time requests are to be submitted at least two weeks in advance ofthe requested date and an online e-mail confirmation or denial will be provided within one week. • For Personal Day requests employees will provide as much notice as possible.
33 2. Vacation and Lieu Time Scheduling: • No more than two (2) Security Guards will be granted vacation leave or lieu time on the same day. Vacation leave or lieu time will be allocated on an as available first-come first served basis dependent upon staffing levels and restrictions imposed by the needs of the department.
• Vacation requests will take priority over lieu time requests.
• The minimum amount of time off that can be requested is four (4) hours.
The parties agree that vacation scheduling is within Management Rights. All such days off must be agreed to by the Company. However, the Company agrees to meet with the union to discuss any difficulties with vacation scheduling requiring changes to the manner in which vacations are scheduled.
LETTER OF UNDERSTANDING #3 RE: PROCEDURE FOR FILLING ADDITIONAL SHIFTS
Overtime or Additional shifts shall be allocated fairly and equitably to those employees who seek it. To be eligible for overtime or additional hours, employees are required to submit their availability electronically as out lined in the Procedure for Submitting Availability below. Hours will be offered to employees as follows: (In accordance with Article 20.04, additional shifts may not attract overtime pay)
1. Additional hours will first be offered to available Part-Time Employees, up to a maximum of forty (40) per week.
2. If there are no Part-Time Employees available to work the additional hours or they have reached the forty (40) hours per week maximum, they will be offered to available Full-Time Employees as overtime in accordance with 20.04.
3. Additional shifts/overtime shifts will be awarded to the available employee with the lowest number of combined additional or overtime hours worked & hours refused in the calendar year.
4. If two available employees have the same number of additional or overtime hours worked & hours refused, the shift will be awarded to the employee with the most seniority.
5. When same day overtime is required, employees on duty who normally do the work which is required will be offered the additional/overtime hours first, in order of seniority.
6. If no Part-Time or Full-Time employee is available to work the additional/overtime hours required, the Company reserves the right to allocate the hours to 3rd party contract staff.
New Hires will be assigned the highest number of hours (+12 hours) at the commencement of their employment.
All employees' additional/overtime hours balance will be re-set to zero on January 1 of each calendar year. At the beginning of each calendar year, additional/overtime hours will be allocated to available employees based on seniority until additional/overtime hours balances accumulate.
34 PROCEDURE FOR SUBMITTING AVAILABILITY
Employees are required to provide their availability two (2} weeks in advance, stating which days and hours they are available to work during the subsequent two week period. Availability is to be submitted electronically via the designated Additional/Overtime Shifts Google Sheet.
PROCEDURE FOR ASSIGNING ADDITIONAL/OVERTIME HOURS
The management team will utilize the Additional/Overtime Shifts Google Sheet to call in employees who have indicated availability for additional/overtime shifts one (1} week prior to the shift. Management will call or e-mail the employees on the Additional/Overtime Shifts Google Sheet in the order dictated by this letter of understanding. Management will wait two (2} hours before contacting the next person on the list. If no one agrees to take the shift forty-eight (48} hours prior to the commencement of the shift, management will attempt to contact other available employees in order to fill any commitments. The Management team will make calls based on the lowest allotment of hours and will give employees 10 minutes to return the call prior to moving to the next person on the list. COMMITMENT TO OVERTIME I ADDITIONAL SHIFTS
Once employees have signed up for overtime or additional shifts, those shifts are to be treated as scheduled hours of work.
Full-time and part-time employees who subsequently do not complete these scheduled hours, will not be eligible to pick up open shifts for one (1} month from the date of the missed shift. After the third occurrence of such infraction (i.e. on the fourth occurrence) employees will not be eligible to pick up open shifts for the remainder of the calendar year.
Hours already scheduled during the restricted period will remain scheduled hours of work. A no show for a scheduled overtime or additional shift is subject to the same discipline as a no show for a regularly scheduled shift.
BACKFILLING OF TEMPORARY SR. PATROL VACANCIES
In regards to backfilling temporary Senior Patrol shift vacancies, the Company reserves the right to decide, in its sole discretion, as to how the shift will be staffed and whether the shift vacancy will be filled as a Senior Patrol position or whether the vacanc;y will be filled with another classification.
The parties will meet to discuss any problems that arise from the implementation of this letter of Understanding.
LETTER OF UNDERSTANDING #4 RE: SURVEILLANCE
The parties acknowledge there are CCTV cameras throughout the CF Fairview Mall. The parties also acknowledge that employees may be visible on camera while performing their job duties. The Company will not use these CCTV cameras to continuously monitor employees. The purpose of these cameras is for protection of property, persons, and information. The Company will disclose the location of the camera to employees.
35 The Company agrees that it shall only conduct surveillance of employees in areas of the Fairview Mall in circumstances where:
(a) it is reasonable to conduct surveillance;
(b) such surveillance is conducted in a reasonable manner; and
(c) the Company has determined that there are no other reasonable methods available to obtain the information sought.
LETTER OF UNDERSTANDING #5 RE: PRIVACY COMPLIANCE
The parties agree to abide by the Cadillac Fairview Corporate Privacy Policy and the Federal Personal Information Protection and Electronic Documents Act and/or any other legislation as may be applicable.
LETTER OF UNDERSTANDING #6 RE: OBSERVANCE OF RELIGIOUS HOLY DAYS
The Company agrees to maintain a Religious Holy Days Policy. The union shall be provided with copies of such policy and will be notified of any changes in such policy from time to time.
LETTER OF UNDERSTANDING #7 RE: OPERATING PROTOCOL
The parties have agreed to the following operating protocol, which is intended to reduce the potential for conflicts of interest arising out of the representation by the Union of the Company's Security Guards who work at CF Fairview Mall (the "Security Guards").
1. The Security Guards employed are required to perform their jobs in accordance with the dictates of the Company and the recognized standards of their profession. Among other duties, the Security Guards:
(i) investigate the actions of other employees of the Company and/or other employees who work at CF Fairview Mall for other employers;
(ii) observe, investigate and report any unusual occurrences or situations, some of which may involve other employees who work for CF Fairview Mall;
(iii} protect the Company's assets and enforce the CF Fairview Mall's Rules and Regulations, the Trespass to Property Act and by-laws, as they relate to all persons, including other employees of the Company and/or other employees who work at CF Fairview Mall for other employers; and
(iv} maintain a detailed log book and prepare daily occurrence reports on all matters dealt with by them in CF Fairview Mall, including matters affecting other employees of the Company and/or other employees who work at CF Fairview Mall for other employers.
36 Such investigations and other functions are a part of the job duties of the Security Guards. The parties agree that a Security Guard must cooperate fully and carry out such functions to the best of his or her ability and must not give special treatment to other members of the Union when carrying out his or her investigations or other duties, nor should other members of the Union be treated any differently than any other person who is subject to investigation or otherwise affected by the work of a Security Guard.
Under no circumstances should Security Guards ever show favouritism toward another employee because that person is a member of the Union. The parties agree that for a Security Guard to display such favouritism is a serious offence and is cause for suspension or discharge by the Company.
2. A Security Guard may be called upon to testify against another Union member in a hearing. A Security Guard is obligated to cooperate fully prior to the hearing, to respond to any summons and to tell the truth at a hearing. The Union understands this obligation and confirms that it expects Security Guards to fulfill their obligations to the Company and to the legal process. The Union confirms that it does not request, want, expect nor would it condone any special treatment by Security Guards of other members of the Union who may be affected by the carrying out of these or any other responsibilities of a Security Guard. The Union agrees that it has not discouraged and never will discourage a Security Guard in any way from fulfilling his or her obligations.
3. In the event of a strike by other Union members at CF Fairview Mall, Security Guards are expected to continue working, whether or not a picket line is in place. A Security Guard who refuses to do so violates his or her own Collective Agreement and the labour laws of Ontario. The Union agrees that it would not counsel a Security Guard to refuse to cross a picket line but rather, to the contrary, would advise a Security Guard to cross such a picket line and to act in accordance with the Company's instructions during a strike. The Union agrees that Security Guards are not to treat striking or locked out members of the Union any differently because of their membership in the Union.
4. The Union agrees that it will not take nor threaten to take disciplinary action or other proceedings against a Security Guard nor expel nor threaten to expel a Security Guard from membership in the Union because of anything that Security Guard did or did not do in the carrying out of his or her duties for CF Fairview Mall or because the Security Guard failed to honour a picket line set up by the Union.
LETTER OF UNDERSTANDING #8 RE: PART-TIME EMPLOYEE ELIGIBILITY FOR BENEFITS
In determining whether a bargaining unit employee works the minimum number of hours of work per week necessary to participate in the Company Employee Benefits program under Article 21 (for inclusions see below) of the Collective Agreement, a bargaining unit employee's hours worked per week shall be reviewed twice annually, in June and December. Employees that are eligible to receive benefits will be enrolled effective August 1st and February 1st in each year pending receipt of the completed benefits enrolment form. New hires must work a minimum of six months before they will be reviewed as part of the next scheduled review date. Periods when a Part-time employee is temporarily transferred to a full-time position will be counted as 40 hours per week for benefit entitlement purposes.
37 Benefit coverage inclusions: • Health and Dental coverage (excludes out of Province/Country coverage) • Health Care Spending Account (Pro-rated per 6 months) • Employee Assistance Program • Best Doctors • Tuition Reimbursement Policy (the employee must be active in the benefit plan in order for the completion portion of the tuition reimbursement to be paid).
NOTE: Changes to any of the coverage noted above will be applied to employees in the bargaining unit at the same time as other Company employees.
Should a bargaining unit employee request that his/her hours of work be reduced to a level which is below the minimum number of hours per week required for participation in the Company-wide benefit program, refuses to accept hours of work offered to him/her by the Company, or is no longer eligible to participate based on the average hours worked, he/she will no longer be eligible to participate in the Company-wide Benefits program.
LETTER OF UNDERSTANDING #9 RE: DISCIPLINARY SUSPENSIONS
For the duration of this collective agreement, the parties agree that when an employee receives a suspension as discipline, one (1) day of suspension shall equal eight (8) hours loss of pay.
Employees will be required to work their remaining scheduled shift hours on the day of the suspension. Leave of absence requests will not be approved on these days.
The parties will meet to discuss any problems that arise from the implementation of this Letter of Understanding.
NEW LETIER OF UNDERSTANDING #10 RE- CADILLAC FAIRVIEW CODE OF BUSINESS CONDUCT
The Cadillac Fairview Code of Business Conduct applies without exception to all employees of Cadillac Fairview, including all employees in this Bargaining Unit.
The Company retains the right to require all employees to complete an annual review of the Code of Conduct, with the opportunity for employees to ask questions to confirm their understanding; and upon request to provide written acknowledgement of compliance with the Company's Statement on Business Conduct, as amended from time to time.
Any action taken by the Company for non-compliance with the Company's Code of Business Conduct, as amended from time to time shall be subject to the Collective Agreement including but not limited to discipline, discharge, grievance, arbitration and just cause provisions.
This company and the union understand and agree to the above noted terms and conditions.
NEW LETIER OF UNDERSTANDING #11 RE- SECURITY DISPATCH
The parties acknowledge that in extraordinary circumstances the Security Dispatcher may be called upon to perform or assist with licensed Security Guard duties.
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LETTER OF UNDERSTANDING #12 RE- SENIOR SECURITY GUARD
The parties agree to create a new job classification called Senior Security Guard in this bargaining unit on a trial basis following ratification of this agreement until February 29, 2020 as follows:
• Upon ratification, the Company will post the temporary full-time Senior Security Guard Position as per article 17 (Job Posting). • The successful candidate will be selected in accordance with article 17 (Job Posting). • The rate of pay for the Senior Security Guard will be $1.00 per hour more than the Security Guard hourly rate. Effective March 1, 2018 the rate will be $20.25 per hour. Note: If the successful candidate for this trial position currently makes more than $20.25 per hour, they will receive one ($1.00) dollar per hour more than their individual regular rate. • Effective March 1, 2020, the temporary Senior Security Guard will return to the Security Guard position and their rate of pay will be adjusted back to that of the Security Guard unless the parties agree to extend the term or to make the position permanent. • If the temporary Senior Security Guard vacates the position prior to February 29, 2020, the temporary position will be posted and filled as per article 17 (Job Posting). • The creation of this job classification will enable job duties to overlap between Security and Dispatch. • In addition to the Security Guard duties outlined in Schedule "B", the Senior Security Guard will also be responsible for:
o Act as a resource to Security Guards by providing mentorship, leadership and guidance based on knowledge and experience. o Provide onsite training and complete relevant sections of the new hire on boarding packages. Provide documentation and feedback to Security Management. o Provide coverage when dispatchers are not available, i.e. breaks, meetings, etc. Dispatch related duties include but are not limited to: o Fire Alarm Monitoring o Camera Surveillance System monitoring o Emergency response coordination o Provide assistance to internal/external stakeholders in person and by phone • In addition to the Security Guard qualifications outlined in Schedule "B", the Senior Security Guard will have: o 3-year minimum Security experience at Cadillac Fairview o Maintain safe working practices and demonstrate same to co-workers; o Serve and Secure Training including "Train the Trainer" courses will be completed within three (3) months of start date. • The following articles have reference to more than one job classification: 11.04, 15.07, 17.01, 24.03 and Letter of Understanding #3. These articles will be amended as needed if this position is not made permanent after February 29, 2020. • Security Guards in the bargaining unit will provide back-up for Security Dispatch as required in the absence of the Senior Security Guard or Dispatcher.
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