COLLECTIVE AGREEMENT BETWEEN TORONTO & YORK REGJON LABOUR COUNCIL AND CANADIAN OFFICE & PROFESSIONAL EMPLOYEES UNION LOCAL343 JANUARY 1, 2016 TO DECEMBER 31,2018 cope 343 INDEX ARTICLE# TITLE PAGE# 1 Recognition 3 2 Union Security 3 3 Seniority 3 4 Wages 4 5 Hours of Work, Overtime and Mileage Allowance 4/5 6 Paid Holidays 5 7 Vacations 5/6 8 Grievance and Arbitration 6 9 Discharge and Disciplinary Action 6 10 Severance Pay 7 11 Registered Retirement Savings Plan 7 12 Sick Leave 7 13 Leave of Absence - General 8 14 Leave of Absence - Maternal/Paternal 9 15 No Strikes or Lockouts 10 16 Discrimination 10 17 Health and Safety 10 18 Welfare 10/11 19 Retirement Benefits 11 20 Skills Development 12 21 Union Label 12 22 Savings Clause 12 23 Rights and Privileges 12 24 Contracting Out 12 25 Technological Change 12/13 26 Acting Pay 13 27 Negotiating Committee 14 28 Termination 14 AGREEMENT BETWEEN TORONTO & YORK REGION LABOUR COUNCIL (hereinafter referred to as "the Employer") AND CANADIAN OFFICE & PROFESSIONAL EMPLOYEES UNION, LOCAL 343 (hereinafter referred to as "the Union") ARTICLE 1 - RECOGNITION 1.01 The Employer recognizes the Union as the sole collective bargaining agent for all its clerical employees. ARTICLE 2 - UNION SECURITY 2.01 Any person hereafter employed shall be required to join the Union immediately. All present employees who are members of the Union on the effective date of this Agreement, or who subsequently become members, shall remain members in good standing in the Union during the term of this Agreement. All employees who are not members of the union shall become members of the Union as of the effective date of this Agreement and shall remain members in good standing in the Union of the month following such deduction. 2.02 The Employer agrees to deduct from the first pay of each month the monthly union dues of any employees covered by this Agreement and to forward monies so deducted to the Union not later than the tenth day of the month following such deduction. ARTICLE 3 - SENIORITY 3.01 Seniority shall be accumulated on the basis of length of service in any office of the Employer and shall be granted to each employee at the completion of the probationary period of ninety (90) calendar days. Seniority shall then be effective from the date of hire. 3.02 In promotions and layoffs, seniority shall be the only consideration providing the employee•s ability is sufficient to perform the work required. 3.03 Seniority shall be considered broken when an employee voluntarily leaves the service of the Employer or is discharged with cause. The seniority status of an employee who is laid off or granted leave of absence shall be retained . ... 4 -4- ARTICLE 4- WAGES 4.01 The schedule for weekly wages shall be the following:­ Effective January 1, 2016 Communication and Administration Co-Ordinator $1,308.73 Administrative Assistant $1,308.73 Support Staff 2 $1,028.23 Effective January 1, 2017 Communication and Administration Co-Ordinator $1,327.05 Administrative Assistant $1,327.05 Support Staff 2 $1 ,028.23 Effective January 1, 2018 Communication and Administration Co-Ordinator $1,345.62 Administrative Assistant $1,345.62 Support Staff 2 $1 ,028.23 Wage schedule for new employees:- Starting rate: $100.00 below classified rate After 3 months: $80.00 below classified rate After 6 months: $60.00 below classified rate After 9 months: $40.00 below classified rate After 12 months: Top rate of classification 4.02 A permanent, part-time employee shall be paid the proportion of the above rates that their work week bears to the regular work week. 4.03 If an employee is hired in a new classification, the rates for such classification shall be negotiated and mutually agreed upon by the parties. ARTICLE 5 - HOURS OF WORK. OVERTIME AND MILEAGE ALLOWANCE 5.01 The work week shall consist of five (5) days of six and one-half (6%) hours each, Monday to Friday inclusive. The regular hours of work will be from 9:00 a.m. to 4:00 p.m .. 5.02 Employees shall be granted one hour for lunch daily and a fifteen (15) minute rest period both morning and afternoon. 5.03 Each employee hired before January 1, 2003 shall be granted Y2 hour for lunch daily, a fifteen minute rest period both morning and afternoon, and shall have every third Friday as a scheduled day off. ... 5 - 5- 5.04 It is understood that the scheduled days off are transferable only by mutual consent by both parties. If an employee's scheduled day off coincides with a statutory holiday (Article 6- 6.01 and 6.03), it shall be taken at a time mutually acceptable to both parties. 5.05 All time worked over six and one-half (6¥2 ) hours in a day, Monday to Friday, and all time worked on Saturday, Sunday or a paid holiday, at the request of the Employer, shall be paid at double the regular rate of pay. However, on Labour Council General Membership, the parties agree that an employee will work flexible hours so as to accommodate work necessary at the meeting. The employee will take equivalent time off the day before of or the day after the meeting, or at such other time as is mutually convenient. 5.06 Overtime will not be recognized unless such overtime has first been authorized by the President or designated representative. Overtime will not be unreasonably assigned. All overtime shall be voluntary, however, we do recognize that from time to time emergency situations may occur requiring overtime to be performed. It is understood by both parties that efforts to accommodate these situations will be made. However, if no other solution is available employees shall not unreasonably refuse to work such emergency overtime. 5.07 If an employee is required to work two (2) hours beyond their normal quitting time they shall be entitled to a meal allowance of $15.00, including Saturday, Sunday and holidays as provided for in this Agreement. ARTICLE 6 - PAID HOLIDAYS 6.01 Employees shall be given the following holidays without deduction of pay: New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day 2 Floater Days and any other holidays as proclaimed by Federal, Provincial or Municipal governments. 6.02 If a paid holiday falls on a day which is not a regular working day, the first working day thereafter shall be considered the holiday. 6.03 The period beginning December 24th through to December 31st inclusive shall be considered as holidays with pay. ARTICLE 7- VACATIONS 7.01 Vacation credits shall be calculated as of January 1st of each year. 7.02 An employee who has been employed for less than one year shall receive one and one-quarter (I ~) days vacation with pay for each month of service. ... 6 - 6- 7.03 The vacation schedule shall be as follows:- 1 year of service but less than 8 years - 4 weeks 8 years of service but less than 16 years - 5 weeks 16 years of service and over - 6 weeks For employees hired before January 1, 2003, 6 weeks of vacation shall apply after 8 years of services and 7 weeks of vacation shall apply after 12 years of service. 7.04 An employee leaving the service of the Employer for any reason shall receive pay for all unused vacation credits on file. 7.05 Employees shall be given an opportunity to take more than 4 consecutive weeks of vacation provided operational requirements of the Labour Council permit. Employees may carry over a maximum of 2 weeks vacation into the following year. Additional weeks may be carried over by mutual agreement. 7.06 When a paid holiday falls within an employee's vacation period, such holiday will not be counted as vacation, and another day off will be taken at a mutually agreed time. ARTICLE 8- GRIEVANCE AND ARBITRATION 8.01 The Union shall have 60 calendar days in which to file a grievance arising with regard to the meaning, interpretation, application or breach of this Agreement. The duly authorized representatives of both parties shall meet to attempt to resolve the grievance. 8.02 If the representatives of the parties are unable to agree on any such question within two weeks, it shall be submitted within 45 days to an arbitrator. The decision of the arbitrator shall be final and binding upon the parties hereto. The compensation of the arbitrator shall be borne equally by the Employer and the Union. If the parties cannot agree on an arbitrator, the Minister of Labour for the Province of Ontario shall be asked to appoint one. ARTICLE 9 - DISCHARGE AND DISCIPLINARY ACTION 9.01 The Employer shall not discipline or discharge an employee without just cause. 9.02 When considering discharging an employee, the Employer shall first discuss with the employee and the Union Representative the reason for which the discharge is being considered. 9.03 Employees with more than sixty (60) calendar days service shall be given a minimum of two weeks notice of discharge or pay in lieu of. 9.04 When an employee is discharged for gross misconduct, dismissal shall be instantaneous. ... 7 - 7- ARTICLE 10- SEVERANCE PAY 1 0.01 The Employer will continue to maintain the Severance Trust Fund currently in existence and payment shall be made to each qualifying employee upon termination of employment. In the event of the death of a qualifying employee, the payment shall be made to the employee's estate or designate.