collective agreement - ontario · 2017-12-21 · collective agreement: february 1, 2016-january 31,...

«CLAC

COLLECTIVE AGREEMENT

Between CITY CABS

and CLAC

better together

DURATION: February 1, 2016- January 31, 2021


Between 421532 ONTARIO LTD. o/a CITY CABS (hereinafter referred to as "the Employer")

and CHRISTIAN LABOUR ASSOCIATION OF CANADA (hereinafter referred to as "the Union")

DURATION: February 1, 2016- January 31, 2021

TABLE OF CONTENTS

Article 1- Purpose .. ... ........ ......... ...................... ........... ... ........ .. .... ...... 1 Article 2- Recognition ..................... .. .... .... .............................. ......... .. 1

Article 3 - Management Rights .... .. .......................... .......... ............ .. ... 3 Article 4- Union Representation ........................................................ 4 Article 5 - No Strikes Or Lockouts ........ .... .......... ................ .... ............. 7 Article 6- Employment Policy On Hire ................................................ 8 Article 7- Check Off And Union Membership .................... ................. 8

Article 8- Wages, Rates Of Pay And Shift Premiums ........................ 10 Article 9- Hours Of Work, Overtime And Call-Ins .. ........................ ... 11 Article 10- Vacancies, Job Posting, Hiring & Transfers ..................... 14 Article 11- Vacation And Vacation Pay ............................................. 18 Article 12 - Public Holidays .............. ............................ ...... .. .. .......... . 20 Article 13 -Seniority, Layoffs And Recall .................. ...................... .. 21

Article 14- Labour Management Committee ....................... ............ 24 Article 15- LOAs, Illness, Bereavement Leave & Jury Duty .......... ..... 25 Article 16- Sick Time And Absenteeism Management ................ .. ... 27 Article 17- Discipline & Discharge ...... ...... .... .. .... .. .......... .......... ........ 28 Article 18- Complaints And Grievances .... ........................................ 30 Article 19- Arbitration ...................................................................... 32 Article 20 - Definitions ................................................ .. .. .................. 33 Article 21- Duration ....................................................................... .. 34 Schedule "A" ..................................................................................... 35 Letter Of Agreement #1 ........................... ......................................... 37 Letter Of Agreement #2 .................................... ... .................. .......... . 39 Letter Of Agreement #3 .. .. .. ... .. ........ ............ ... ... ... ... ... ... ........ .. ..... .... 40 Letter Of Agreement #4 ....... ... ... .... ... ... ............................................. 42 Letter Of Agreement #5 .............. ...... ............ .............. .... .. ................ 43

Letter Of Agreement #6 .................................................................... 44 Letters Of Agreement- Signing Page ............................................ ... 45

CITY CABS

COLLECTIVE AGREEMENT: February 1, 2016- January 31, 2021


ARTICLE 1- PURPOSE

1.01 The general purpose of the Agreement is to develop and achieve a relationship between the Union, the Employer and the employees which will be conducive to their mutual wellbeing, to provide measures for the prompt and equitable disposition of grievances, to establish an orderly system for the promotion, transfer, layoff and recall of employees and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of the Agreement.

The Union acknowledges that to achieve these goals, the Employer must be in a strong market position, which means that it must serve its clients effectively, at the lowest possible cost, consistent with fair labour standards. The Union will support the Employer's efforts to eliminate waste, conserve materials and supplies, prevent unsafe work conditions, and to strengthen the goodwill between the Employer, the employee, the customer and the public.

1.02 The parties recognize that where various legislation overrides the provisions contained herein, such legislation shall prevail. This shall include, but not be limited to, such statutes as the Ontario Human Rights Code, the Employment Standards Act, the Workplace Safety & Insurance Act and the Occupational Health and Safety Act.

ARTICLE 2- RECOGNITION

2.01 The Employer recognizes the Union as the exclusive bargaining

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agent for all its office and clerical employees working in Kitchener save and except drivers, supervisors and those above the rank of supervisor.

2.02 There shall be no revision, amendment or alteration of the bargaining unit as defined herein, or of any of the terms and provisions of the Agreement, except by mutual agreement, in writing, of the parties. Without limiting the generality of the foregoing, no classification may be removed from or added to the bargaining unit except by mutual agreement, in writing, of the parties. In the event that a new classification(s) is established during the term of the Agreement, and the Employer and the Union fail to successfully negotiate a wage rate, the parties agree that the sole issue of the establishing such wage rate may be submitted to arbitration in accordance with Article 19- Arbitration, as set forth in this Agreement.

2.03 a. The Employer shall not subcontract, sublet, utilize outside

agency staff, or otherwise assign any person to perform work normally performed by employees covered by the Agreement when bargaining unit members are on layoff. The Employer shall also exhaust the call in procedure in Article 9 before resorting to any subcontract, sublet or utilization of outside agency staff.

b. Notwithstanding the restriction in 2.03 (a) the Employer may divert incoming calls to an external service provider where the telephone is not answered by an employee after forty

five (45) seconds.

c. Where there is a substantial pattern of reliance on assignments and/or diversions under a) and/or b) over a

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CITY CABS COllECTIVE AGREEMENT: February 1, 2016- January 31, 2021

period of ninety (90) days sufficient to constitute a vacancy, the Employer shall post a vacancy in accordance with Article 10.

2.04 The Employer agrees that other employees who are excluded from the bargaining unit will not perform the normal work of members of the bargaining unit except in case of emergency, for the purpose of instructing or training employees in the bargaining unit, for relief and assistance during the night shift to accommodate breaks and high call volume, or as may otherwise be provided by Article 9.08(c) of this Agreement.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges that it is the exclusive function of the Employer to manage its operations, personnel, facilities, equipment and resources. Provided such actions are consistent with the further terms of this Agreement, the Employer•s rights include but are not limited to the following:

a. The right to maintain order, discipline and efficiency; to make, alter and enforce reasonable rules, policies and

practices to be adhered to by its employees including the right to continue to develop, administer and maintain workplace policies provided such policies are reasonable, that such rules or policies are not inconsistent with any of the provisions of the Agreement, and that employees are given reasonable notice before any new rules or policies are introduced to the workplace;

b. The right to select, hire and direct the workforce and employees; to transfer, assign, promote, demote, classify, layoff and recall employees; to discipline and discharge

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employees for just cause; to select and retain employees for positions excluded from the bargaining unit;

c. The right to operate and manage the Employer's business in order to satisfy its commitments and responsibilities; the right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards; the right to use improved methods or equipment, and the right to determine the number of employees needed by the Employer at any time.

d. The right to determine all other functions and prerogatives previously vested in and exercised by the Employer, except as specifically limited by the express provisions of this Agreement.

ARTICLE 4- UNION REPRESENTATION

4.01 For the purpose of representing its members, the Union shall function and be recognized as follows:

a. Stewards are representatives of the Union, authorized to act on behalf of the Union for the purposes of administering the terms and conditions of the Agreement, particularly for the purpose of processing grievances and enforcing the employees' collective bargaining rights as

well as any rights under the Agreement and under the law. The Union may appoint up to two (2) stewards. Stewards will not absent themselves from their work to deal with grievances without first obtaining permission from the

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Employer, which shall not be unreasonably withheld . Stewards that are absent from work to attend a Step 2 or 3 grievance meeting or disciplinary meeting will receive their regular hourly rate for such attendance to a maximum of one (1) hour. Stewards shall not be paid for attendance at arbitration, mediation, or any other proceeding that arises from the administration or enforcement of this Agreement.

b. Bargaining committee members shall be recognized as having authority to participate in the negotiations for a collective agreement and any renewals thereof. Bargaining committee members shall be granted paid leave from their regular duties to participate in negotiations, to a maximum of sixteen (16) hours per member. The number of bargaining committee members shall not exceed the number of stewards, as determined by Article 4.01(a).

c. CLAC Representatives are representatives of the employees in all matters pertaining to the Agreement, particularly for the purpose of processing grievances, negotiating amendments to and renewals of the

Agreement and enforcing the employees' collective bargaining rights as well as any rights under the Agreement and under the law.

4.02 The Union agrees to notify the Employer in writing of the names of its stewards and bargaining committee members, and the effective dates of their appointments. The Employer shall not

be required to recognize a steward or bargaining committee member until such notice is received.

4.03 All new employees shall be referred by the Employer to a Union

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steward so that the steward has opportunity to describe the Union, its purpose, representation policies, and any other information relevant to such new employees. The steward may take up to fifteen (15) minutes of paid time to meet with any

new employee for such purpose.

4.04 CLAC Representatives shall have the right to periodically visit the workplace without disrupting productivity and without unreasonable intrusion into the Employers' premises. The Union's Representative shall provide advance notice of his arrival, shall report to the office manager upon arriving at the workplace, and shall abide by all necessary directions as determined by the Employer.

4.05 The Employer will provide a bulletin board for exclusive use by the Union in the employee lunch room, The Employer is permitted to remove from the bulletin board any postings that may be considered slanderous or defamatory of the Employer or any of its representatives.

4.06 When the Employer calls a staff meeting to discuss a matter that is relevant to the provisions of this Agreement, a CLAC Representative may attend such meeting. The Employer is not

obliged to send invitation, or to provide advance notice to the Union of such meeting.

4.07 There shall be no Union activity at any time on the Employer's premises, or in connection with the Employer's business

operations that interfere with an employee's work, or during an employee's paid time, except for that which is contemplated

by Article 4- Union Representation.

4.08 The Employer will notify the Union office in writing on the last business day of every month of the names, addresses, telephone

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CITY CABS COLLECTIVE AGREEMENT: February 1, 2016- January 31, 2021

numbers and classifications of all new employees hired the previous month who are subject to the Collective Agreement.

4.09 The Employer agrees to grant leaves of absence for Union business to employees selected by the Union to attend

conventions, conferences and to participate in other Union business providing Employer conditions permit. The total of all such leaves shall not exceed fifteen (15) days for the bargaining unit in any calendar year. Requests for all such leaves shall be made in writing at least two (2) weeks in advance. The Employer shall maintain the employees' wages and benefits for the duration of such leave and bill the Union for reimbursement of such costs.

ARTICLE 5 - NO STRIKES OR LOCKOUTS

5.01 In view of the orderly procedure established by the Agreement for the settling of disputes and the handling of grievances, the Union agrees that during the term of the Agreement, or while negotiations for a renewal Agreement are being held, neither the Union, its members or any employee shall take part in or cause or encourage any strike, picketing, slowdown or any stoppage or suspension of, or interference with work, which shall in any way affect the operations of the Employer, nor shall there be any sympathy strikes, or secondary strikes and boycotts.

5.02 The Employer agrees that during the term of the Agreement, or while negotiations for a renewal Agreement are being held, the

Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work or deliberately send employees home when such action is not warranted by the workload.

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ARTICLE 6- EMPLOYMENT POLICY ON HIRE

6.01 The Union and the Employer shall cooperate in maintaining a desirable and competent work force. The Employer will inform the Union when employees are laid off and when new employees are hired. The Employer has the right to hire new employees as needed provided that no new employee(s) will be hired while there are employees with seniority available on layoff who are qualified to perform such work.

6.02 New employees will undergo a probationary period commencing from the date of hire and concluding after five hundred and twenty (520) hours worked. During the probationary period, the following shall apply:

a. Regular union dues and fees are to be deducted and remitted from the first day of employment.

b. Upon completion of the probationary period, an employee will be awarded seniority retroactive to her date of hire.

c. During the probationary period an employee may be discharged at the discretion of the Employer and notwithstanding Articles 3.01(b), and 18.01, such discharge shall not become the subject of a grievance. The Employer will not act in a manner that is arbitrary, discriminatory or in bad faith when discharging a probationary employee.

ARTICLE 7- CHECK OFF AND UNION MEMBERSHIP

7.01 Neither the Employer nor the Union will compel employees to become members of the Union. The Employer will not discriminate against employees because of Union membership or lack thereof, and it will inform all new employees of the

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contractual relationship with the Union.

7.02 The Employer shall deduct from each pay of all employees covered by the Agreement, including probationary employees, an amount of money equal to union dues, and shall remit the same monthly to the Union office not later than the fifteenth of the month following the month in which such dues are deducted.

7.03 The Employer shall report annually on each employee's T-4 slip the amount of union dues deducted and remitted on behalf of the employee during the preceding year.

7.04 The Union shall hold harmless, and agrees to indemnify the Employer, its successors, administrators and assigns against any liability incurred by each of them by reason of having made any deductions, remittances or payments required by the Agreement.

7.05 The Employer shall remit dues on a form prescribed by the Union and shall include on such remittance the following information for each employee:

a. name;

b. rate of pay, including any premiums;

c. gross earnings;

d. total regular and overtime hours worked in the month for which such deductions are made;

e. dues deducted and remitted on behalf of the employee;

f . initiation or other fees deducted from each employee as may be prescribed by the Union;

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g. any change in employment status.

7.06 When the Employer hires new employees who are not members of the Union, the Employer shall also include on the next remittance the following information from the new employee, which may be used for legitimate Union business only:

a. address; b. telephone; c. date of hire; d. classification

7.07 Employees who cannot support the Union because of a conscientious objection as determined by the Union's internal guidelines may apply to the Union in writing.

ARTICLE 8- WAGES, RATES OF PAY AND SHIFT PREMIUMS

8.01 Wage rate schedules applicable to various job classifications are as set forth on Schedule "A" attached hereto and made part hereof. The wages shall apply to all work performed by the employees. Advancement through the wage levels connected to each classification shall occur in accordance with each employee's length of service with the Employer. For part-time employee's, and for the purposes of advancement to the next wage level, years of service shall be computed as the number of hours worked, such that eighteen hundred (1800) hours worked is equal to one (1) year of service.

8.02 Wages shall be paid bi-weekly by cheque or direct deposit and shall be accompanied by a separate statement identifying both the Employer and employee, outlining regular hours worked,

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the hourly rate, overtime hours worked, the total earnings for the pay period, a description and the amount of each deduction and net earnings.

8.03 An employee shall receive a shift premium of twenty-five cents (2SC) per hour worked for all hours on the night shift, which is any shift where the majority of hours worked are between 10:00 p.m. and 6:00 a.m. For clarity, this would include the entirety of the "Bar Shift" which is for hours normally worked between 8:00 p.m. and 4:00a.m.

8.04 When a member assumes the role of a supervisor, she shall receive a premium of seventy-five cents (75C) per hour for each hour worked.

8.05 When a member is required to orientate a new employee she shall receive a premium of fifty cents ($0.50) per hour spent orientating a new employee.

ARTICLE 9- HOURS OF WORK, OVERTIME AND CALL-INS

9.01 The following sections and paragraphs are intended to define the normal hours of work, for the purpose of calculating overtime only and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week.

9.02 The regular work day shall be comprised of three (3) shifts of eight (8) hours duration, and, for the purpose of determining weekend work, and statutory Holidays, the first shift of each work day shall be the night shift.

9.03 The Employer shall post work schedules on a four (4) week basis at least two (2) weeks prior to the effective day of the schedule. No changes shall be made in the schedule after it has been

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posted unless there is agreement between the Employer and the affected employee(s). If there are scheduling difficulties the Employer and the Union shall meet to arrive at a mutually satisfactory solution.

9 .04 All work performed in excess of forty (40) hours in a work week, or ten (10) hours per day shall be paid at the rate of one and one-half times (1~x) the regular rate of pay, including any premiums as outlined in Schedule "A", attached hereto. Overtime hours that result from the daily overtime, as provided in this Article, shall not be included when calculating the regu lar hours worked in a week.

9.05 Employees shall receive two (2) paid, uninterrupted breaks of fifteen (15) minutes on each shift or three (3) paid, uninterrupted breaks of ten (10) minutes in lieu of a thirty (30) minute eating period as provided by the Employment Standards Act, 2000. Employees shall be entitled to an additional paid break for every two (2) hours worked beyond eight (8) hours per day.

9 .06 An employee who reports to work in the usual manner and is sent home because of a lack of work before she has worked four (4) hours, or who is called in to work outside of her regular scheduled shift shall receive a minimum of four (4) hours pay at the appropriate rate of pay. If the employee has arrived at work and none is available, the Employer may assign her to perform other duties during the four (4) hour period for which she is entitled to payment.

9.07 Employees may exchange working days and days off with one another, subject to scheduling requirements, and providing such request for an exchange is submitted to and approved by

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the Employer at least one (1) business day in advance of the exchange. Such requests shall be submitted on a form provided

by the Employer and must be signed by the individuals that are party to the exchange, including the Employer. The Employer

shall not unreasonably exercise its discretion to approve or reject such requests. The Employer shall not be responsible for

overtime claims that occur as a result of the exchange of shifts.

9.08 The Employer shall maintain a list of employees employed as monitors and call-takers for the purpose of call-ins, which shall

be available for inspection by the Union. This call-in list shall be used to distribute overtime opportunities and to fill all vacant

shifts when such vacancies are, or are anticipated to be of less

than four (4) weeks' duration. For vacancies that are, or are

anticipated to be of more than four (4) week's duration, the

Employer shall refer to the job posting procedure set forth in

Article 10.

a. The Employer shall make every reasonable effort to fill a

vacant call taker or monitor shift with employees on the call-in list who shall be called in order of seniority. Call

takers that are not qualified to work a monitor shift may

be bypassed when filling a vacant monitor shift. Call takers may request orientation as a monitor in order to be

available for those shifts.

b. The Employer shall bypass on the list an employee already

scheduled to work that day or who would otherwise

become eligible for overtime rates of pay due to the call

in. If no employee is available to work the shift, then the

shift shall be offered to employees who were originally

bypassed during the initial pass through of the list at overtime rates, in order of seniority.

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c. Where a shift becomes vacant part-way through the shift such that less than four {4) hours of that shift remains, or additional unscheduled hours that are contiguous with the beginning or end of a shift need be worked, the Employer shall not be required to fill that shift with the call-in procedure, and shall instead offer the work to employees that are on, or anticipated to be on the premises. If no employee is immediately available, or none willing, the Employer may use non-bargaining unit personnel to work those hours.

d. Where a vacant call taker shift is offered to an employee who is normally scheduled to work as a monitor, the employee shall receive no reduction in her regular rate of pay for such hours worked as a call taker.

9.09 Office clerks may request in writing to be placed on the call-in list in order to be available to work vacant call taker or monitor shifts, and provided they are qualified to perform the work. An employee that submits such a request will be placed on the callin list in order of their seniority.

ARTICLE 10- VACANCIES, JOB POSTING, HIRING & TRANSFERS

10.01 The Employer shall post all vacant positions that are expected to be vacant for a period of four {4) weeks or longer and indicate:

a. the job classification and job description;

b. the start date and, where applicable, the expected end date;

c. the shift(s) to be worked and the normal number of shifts per pay period;

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d. whether the position is full time, part time, or casual, and permanent or temporary.

10.02 Vacant positions shall be posted for at least five (5) consecutive days, and such postings shall be affixed to the Union bulletin boards. Applicants must apply in writing to the office manager before the end of the posting period to indicate that they are interested in the vacant position.

10.03 When filling a vacancy, the Employer shall give preference to an applicant employee with the most seniority provided such an employee has the skill, and ability to perform the required work. For full-time positions priority will be given to applicants that are already full -time employees. If no full-time employee is eligible, the Employer shall then consider applicants who are

part-time employees. In the event a part-time vacancy exists, no priority shall be given to full -time applicants.

10.04 An employee selected to fill a vacant position shall hold that position for a trial period of twenty (20) worked days. After the trial period, the position shall become hers, on either a permanent or temporary basis as per the job posting unless the employee herself, or the Employer determines that she is not suitable for the job. In either case, the employee will return to her former position and wage rate without loss of seniority.

10.05 If during or at the conclusion of the trial period an employee returns to her former position, any other employee promoted or transferred as a result of the rearrangement of position(s) shall also be returned to her former position and wage rate without loss of seniority. These provisions shall also apply in the event of a transfer to a job with the Employer outside the bargaining unit. It is understood, however, that no employee

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shall be transferred without her consent to a position outside the bargaining unit.

10.06 In the event that the first successful applicant does not maintain the position after the trial period, the Employer shall rely on the original list of applicants and award the position on a trial basis to the next most appropriate person in accordance with Article 10.03.

10.07 Only the original job vacancy and the f irst vacancy resulting from the award of the original vacancy will be posted . Any subsequent vacancies shall be filled by the Employer at its discretion.

10.08 An employee selected to fill a temporary position shall return to her former position without loss of seniority when the temporary position has expired. Any other employee promoted or transferred as a result of the temporary posit ion shall also be returned to her former position without loss of seniority.

10.09 Employees who are on vacation, maternity/parental leave, jury duty, or approved leave of absence may indicate, in advance, in writing, to the Employer their desire to apply for a posting if such posting should occur during their absence. In the event that an employee on a leave of absence as described herein is the successful applicant, the Employer shall fill the vacancy temporarily using the posting procedure as outlined in the Agreement until such employee returns provided suitable candidates can be found, fa iling which the Employer may permanently fill the role as it determines necessary.

10.10 An employee who is awarded a vacant position shall not apply for any subsequent job postings for a period of six (6) months

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following her first day worked in the awarded positions unless otherwise agreed to by the Employer and the Union. The restriction does not apply to temporary postings.

10.11 Nothing contained in Article 10 shall be construed to limit the Employer's right to hire employees from outside the bargaining unit if there are no qualified employees immediately available within the bargaining unit to fill the vacancy, and no qualified employees on layoff.

10.12 When an employee transfers to a new job classification, and,

a. The position is a higher paid classification, and the transfer is at her own request, she will receive the rate of pay consistent with her length of service with the Employer. She will then progress through the wage levels based on length of service with the Employer.

b. The position is a lower paid classification, and the transfer is due to a reduction in staff or at the employee's request, the employee will receive the rate of pay at the level on the wage grid commensurate with her length of service with the Employer.

c. The position is a lower paid classification, and the transfer is at the Employer's request, and only on a temporary basis, the employee shall not experience any reduction in her current rate of pay per hour.

10.13 In the event the Employer seeks to fill a vacant supervisor

position, the bargaining unit members shall be invited to apply for such position. The Employer reserves the right to hire from within or outside the bargaining unit.

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ARTICLE 11- VACATION AND VACATION PAY

11.01 The Employer agrees to pay each employee an amount of vacation pay consistent with the schedule below, and to provide vacation time as per same;

Length of Service Vacation Time Vacation

Pay

Less than 1 yr 1 day per month, max.

4% 10 days

More than 1 yr of service 2 calendar weeks 4%

More than 5 yrs of service 3 calendar weeks 6% More than 10 yrs of service 4 calendar weeks 8%

More than 15 yrs of service 5 calendar weeks 10%

11.02 For the purpose of determining vacation pay and vacation time for part-time employees, the length of service requirement shall be computed as the number of hours worked by the parttime employee, such that eighteen hundred (1800) hours worked equals one (1) year of service. For the purposes of determining length of service, leaves of absence due to workplace injury, maternity and/or parental leave shall be

considered time worked.

11.03 Vacation pay for full-time employees shall be increased on an employee's employment anniversary date as per the schedule in Article 11.01. Vacation time entitlement shall be determined by the length of service of each employee as of April 1st of each year. All vacation time to which an employee is entitled shall

be used up before March 30th and no employee shall be permitted to carry over vacation time from year to year.

11.04 Employees shall be entitled to take vacation at a mutually convenient time, it being recognized that having regard to the

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exigencies of the Employer's business, and subject to the Employer's discretion, which shall not be unreasonable exercised, the total number of people from each classification on vacation at the same time may be restricted in order to meet the Employer's business needs.

11.05 The parties agree to the following for the purpose of determining vacation schedules:

a. On February 15th and September 15th of each year, the Employer shall post a blank vacation request schedule. Employees may indicate their vacation requests on that schedule.

b. On both March 15th and October 15th, the Employer will remove the posted schedule and shall before, March 30th

and October 3Pt, post the finalized vacation schedule, which shall recognize the employees' vacation requests, subject to Article 11.04. The final schedule, once posted, shall not be changed except with the consent of the Employer and the employee(s) affected.

c. Where there are conflicting vacation requests on the vacation request schedule, the Employer will rely on the seniority of the affected employees to determine which employee's request is to be granted. An employee that is denied a vacation request will be advised by the Employer by March 15th and/or October 15th, and may elect to choose another time for her vacation, provided she does so before the final schedule is posted. If the request conflicts with another employee's request, seniority shall again determine the successful request.

d. Any employee who requests vacation time after March

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15th and /or after October 15th or between January pt and March 30th, shall be granted such request on a first come, first served basis, and subject to the Employer's ability to grant such request in accordance with Article 11.04.

11.06 Vacation pay shall be paid to an employee on the payday immediately prior to the commencement of her vacation, or at any other time that the employee so requests. At the time that an employee requests her vacation pay, she may identify the amount she desires to receive, provided such amount does not exceed the amount of vacation pay owing to her. Requests shall be submitted on a form to be provided by the Employer and must be submitted in advance of the pay period ending to be received on the next pay date.

11.07 For those hired on or after February 1, 2016, Vacation pay shall be paid to an employee on their regular pay and the amount of such vacation shall be separately noted on pay statements.

ARTICLE 12 - PUBLIC HOLIDAYS

12.01 The following days shall be recognized as Public Holidays:

New Year's Day~ Family Day~ Good Friday, Victoria Day, Canada

Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.

12.02 Employees will receive Holiday Pay for each of the days listed in Article 12.01. Holiday Pay for full-time employees shall be calculated as the employee's regular rate of pay multiplied by

the number of hours regularly worked in a day. Holiday Pay for

part-time employees shall be calculated as the sum of the employee's gross wages during the preceding two (2) pay

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periods and divided by 20. An employee that is absent on the scheduled shift immediately preceding or following the holiday, and without a medical certificate or note from her physician for such absence, shall forfeit her Holiday Pay for that holiday.

12.03 An employee required to work on a day listed in Article 12.01 shall receive Holiday Premium Pay which shall be calculated as one and one-half times (lXx) the employee's regular hourly rate for all time worked, in addition to the Holiday Pay described in Article 12.02.

12.04 Should a paid holiday occur during an employee's leave of absence where such leave is in excess of four (4) weeks, she shall not be paid for such holiday.

ARTICLE 13- SENIORITY, LAYOFFS AND RECALL

13.01 Seniority is the ranking of employees in accordance with their length of employment based on their last date of hire. New employees, after successfully completing their probationary period, shall be added to the seniority list with seniority attributed back to the date of hire.

13.02 Seniority lists shall be maintained for employees hereinafter described and established by the Agreement. In establishing the seniority list, the most senior part-time employee will be shown as the next junior employee to the least senior full-time employee, and each part-time employee ranked thereafter, accordingly.

13.03 For part-time employees, the Employer shall also report the employees' length of service as hours worked. In determining the length of service, leaves of absence due to workplace injury,

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maternity and/or parental leave shall be considered as hours worked, such hours being consistent with the employee's regularly scheduled hours.

13.04 The seniority lists shall be posted in the workplace and updated semi-annually in January and July of each year. Any decisions or privileges for which seniority is a factor shall be determined by relying on the seniority of the affected employees as at the last posting of the seniority list.

13.05 Seniority rights shall terminate and an employee shall cease to

be employed when she:

a. voluntarily quits her employment with the Employer;

b. is discharged, and is not reinstated through the grievance procedure or arbitration;

c. is absent from work without notice to the Employer, for three (3) consecutive shifts;

d. is laid off for a period of more than six {6) consecutive

months;

e. fails to report on the first day following the expiration of a leave of absence without just cause;

f . is absent for a period of more than twenty-four (24) months due to a bona fide injury, or illness;

g. fails to report to work following a recall within two (2) days if unemployed, or five (5) days if employed elsewhere;

h. is employed as a casual employee and refuses three (3) or more shifts in any sixty (6) day period falling within her identified periods of availability in accordance with 20.06,

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whether such shifts are scheduled in advance or offered on an as-needed basis.

13.06 The Employer shall provide as much advance notice of a temporary layoff as is reasonably possible and shall act in accordance with Part XV of the Employment Standards Act if the layoff is, or becomes permanent.

13.07 In the event of layoffs, and provided the ability to perform the available work is relatively equal, seniority shall prevail so that

the employee having the highest seniority shall be laid off last and recalled first.

Bumping Rights 13.08 An employee who holds a job posting that is eliminated or

reduced, and as a result would be laid off, shall have the right to displace an employee in a position from another classification, provided that:

a. she has more seniority; and that,

b. she immediately possesses the skills, qualifications, and experience to perform the work performed by that junior employee.

c. in displacing the more junior employee, the senior employee does not acquire more hours per pay period than was regularly scheduled in the position that is being eliminated or reduced.

13.09 An employee that is displaced as a result of an employee's exercise of the privilege described in Articles 13.08 may also rely on the provisions of that Article.

13.10 In advance of any layoffs, the Employer shall consult with the

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stewards committee to consider the input of the stewards with regard to the proper application and administration of Article 13.

13.11 An employee who is recalled to work after a layoff must return to work within the time period described at Article 13.05(g). It shall be sufficient for the Employer to send notice of recall to the employee by registered mail or courier to the employee's last known address.

13.12 An appeal in regard to a layoff must be submitted in accordance with the grievance produce as hereinafter set out within the Agreement within five (5) days of receipt of the layoff notice.

13.13 Any employee transferred to a position outside the bargaining unit, upon return to a position, which is at the sole discretion of the Employer, within the bargaining unit within one year of leaving the bargaining unit, and provided the employee has been continuously employed by the Employer while outside the bargaining unit, shall be credited with all seniority formerly accumulated as of the date of transfer but, shall receive no credit for time worked outside of the bargaining unit.

ARTICLE 14- LABOUR MANAGEMENT COMMITTEE

14.01 The parties agree to establish a labour-management committee, as follows:

a. The committee shall be made up of an equal number of Employer representatives and Union stewards. CLAC

representatives may also attend such meetings. Employees serving on the committee shall be paid at their regular hourly rate for time spent in committee.

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for her regularly scheduled hours to make arrangements for and to attend the funeral of her spouse or common-law spouse, parent, or parent-in-law, child, brother, or sister.

15.05 An employee shall be granted one (1) days leave of absence to be paid at her regular rate of pay for her regularly scheduled hours to attend to the funeral of the sibling of her spouse or common-law spouse, or her grandparent.

ARTICLE 16- SICK TIME AND ABSENTEEISM MANAGEMENT

16.01 Absence from Work and Reporting If an employee in unable to report to work, she shall, if possible, give the Employer four (4) hours' notice. Employees scheduled to work the day shift shall endeavour to provide one (1) hours' notice.

An employee who is absent due to illness or injury for a "short" term shall advise the Employer or her intent to work at least twenty-four (24) hours in advance of her scheduled shift. In case of a "long" term absence, the employee must inform the Employer at least forty-eight (48) hours in advance of her scheduled shift. "Short" term absence shall mean any absence of four (4) days or less. "Long" term absence in this Article shall mean five (5) days or more.

16.02 Medical Certification An employee who is absent due to illness may be asked to provide the Employer with a doctor's note if:

a. Absent for more than two (2) consecutive scheduled workdays;

b. Absent for more than three (3) separate occasions in a

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CITY CABS


calendar year; c. The employee has demonstrated a pattern of absence,

which has been brought to the employee's attention as part of the Employer's absenteeism management program. In such a case, the Employer may then request verification of illness/injury for all subsequent absences for the remainder of that calendar year.

The payment of such notices will not be covered by the Employer.

Employees that have been absent from work due to illness for more than one (1) week, or who have been injured may be asked to provide a medical certificate that confirms they are fit to return to work. Such documentation may be requested for absences of shorter periods when necessary to satisfy the Employer's duty to accommodate an injury/illness. All such documentation shall provide a meaningful prognosis, and when necessary, information pertaining to the employee's functional capacity, or physical restrictions. The Employer shall pay for such medical certificates.

ARTICLE 17- DISCIPLINE & DISCHARGE

17.01 The Employer may warn, suspend, demote or discharge an employee for just cause. If the conduct or performance of an employee warrants disciplinary action, such action shall be confirmed in writing and issued in the presence of a union steward unless the employee declines such representation, provided such steward is available to meet within forty-eight (48) hours of being requested. A copy of all such documentation shall be provided to the employee(s) involved, and forwarded to the office of the Union at the time they are issued.

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17.02 Any disciplinary notice shall be issued only after, or during the meeting with the employee being disciplined. An employee and the union steward shall be advised of the nature of the meeting prior to entering. Unless the employee wishes otherwise, she

shall be accompanied by a steward who shall be paid for such time in accordance with Article 4.01. Where more than one steward is on the premises, the employee shall be accompanied by a steward of her choosing. The employee and the steward shall be allowed to meet for a reasonable period of time in private during or after such meeting.

17.03 Disciplinary meetings shall normally take place during the affected employee's scheduled shift. If the employee is not at work and is not scheduled to work within three (3) days of the incident, or if the incident giving rise to the meeting is so serious that more immediate action is warranted, she may be called in at a time when she is not scheduled, but will be paid for such time during the meeting.

17.04 Any record of discipline older than twelve {12) months shall be removed from an employee's file, provided that there is no subsequent discipline of any reason issued during such period.

17.05 Within five {5) workdays following a suspension or discharge, the employee involved (provided she has completed the probationary period) may, together with a Union representative, process her complaint by by-passing Step 1 and proceeding directly to Step 2 of the grievance procedure.

17.06 An employee may review her personnel file on twenty-four (24) hours' notice and during regular business hours in the presence of a management representative.

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ARTICLE 18- COMPLAINTS AND GRIEVANCES

18.01 It is the mutual desire of the parties that the complaints of employees be adjusted as quickly as possible. It is understood that in all cases an employee or her steward shall first give her immediate supervisor an opportunity to address her complaint before proceeding further with any grievance in accordance with this Article. An employee shall not leave her regular duties in order to submit a grievance.

18.02 The Employer or the Union shall not be required to consider or process any grievance, which arises out of any action, or condition more than five (5) days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run

until the action or condition has ceased .

18.03 Grievances properly arising under the Agreement shall be adjusted and settled as follows:

a. Step 1: Within five (5) days after the circumstances giving cause for the grievance have occu rred, the employee, together with her steward, shall address the matter with the employee' s manager. The manager shall have three (3) days to adjust the complaint of the employee.

b. Step 2: Within five (5) days of having received the manager's response, or within five (5) days of the date on which such response was to have been provided, the grievance shall be presented to the manager in writing on

the Union's standard form. The parties shall meet within the next five (5) days and shall endeavour to settle the grievance. The manager shall issue her written decision respecting the grievance within five (5) days of the meeting

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contemplated by this Article.

c. Step 3: Within five (5) days of having received the manager's response, or within five (5) days of the date on which such response was to have been provided, the grievance shall be presented to the president or his designate, in writing on the Union's standard form. The parties shall meet within the next five (5) days and shall endeavour to settle the grievance. The president or his designate shall issue a written decision respecting the grievance within five (5) days of the meeting contemplated by this Article.

18.04 A Group Grievance is defined as a single grievance, signed by a steward or Union representative, on behalf of a group of employees who have the same complaint. A Group Grievance shall be processed beginning with Step 2, in accordance with Article 18.03. The names of the employees having the same complaint and advancing such Group Grievance shall be identified and listed on the grievance form.

18.05 A Policy Grievance is defined as one that involves a question relating to the interpretation, application, or administration of this Agreement, or alleged violation of any provision of the Agreement, including any question as to whether a matter is arbitrable. A Policy Grievance may be submitted by either the Union or the Employer at Step 3 in accordance with Article 21.03. In the case of a policy grievance submitted by the Employer, all references to "Union" and "Employer" shall be

interchangeable. Such Policy Grievance shall be signed by a steward or a CLAC representative or, in the case of an Employer's Policy Grievance, by the Employer or its representative.

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ARTICLE 19 - ARBITRATION

19.01 Each party to the Agreement may refer a grievance to arbitration provided the referral is made within ten (10) days of the written decision described in Article 18.03(c) or the date that the written decision should have been provided. A

grievance that is not referred to arbitration in accordance with this Article shall be deemed to have been abandoned and shall be inarbitrable.

19.02 Both parties to the Agreement agree that any grievance concerning the interpretation, application or administration of the Agreement, or alleged violation of any provision of the Agreement, including any question as to whether a matter is arbitrable, which has been properly carried through all the steps of the grievance procedure outlined at Article 18 above and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto.

19.03 The Board of Arbitration will be composed of a sole arbitrator chosen by agreement of the parties.

19.04 Within two (2) days of the request of either party for a Board, each party shall notify the other of the names of three (3) arbitrators it proposes to act as the sole arbitrator.

19.05 Should the Employer and the Union fail to agree on a sole arbitrator within five (5) days of the notification mentioned in Article 19.04 above, the Ministry of Labour of the Province of Ontario shall be asked to nominate an impartial person to act

as the sole arbitrator.

19.06 The decision of the sole arbitrator shall be binding on the employees, the Union and the Employer.

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19.07 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute

any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

19.08 Each of the parties to this Agreement shall bear its own expense of arbitration, and the parties shall jointly bear the expenses, if any, of the sole arbitrator.

ARTICLE 20- DEFINITIONS

20.01 In this Agreement, any references to the masculine gender shall include the female gender and references to the female gender shall include the masculine gender.

20.02 In this Agreement, any reference to days or hours when such reference pertains to deadlines shall be interpreted to mean regular business hours, excluding weekends and public holidays.

20.03 Full-time employees are those who normally work twenty-four (24) hours or more per week.

20.04 Part-time employees are those who normally work less than twenty-four (24) hours per week.

20.05 Student employees are those hired to work normally between May 1 and August 30 and on a limited basis throughout the rest of the year. Student employees shall not be eligible to participate in the Health Fund and Pension Plan provided by this Agreement.

20.06 A Casual employee is an employee that is available on an as-

33


requested basis and has no regularly scheduled shifts. Casual Employees are eligible to be on the call in list established pursuant to Article 9.08. Causal employees shall advise the

Employer in writing as to their availability over successive ninety {90) day periods.

ARTICLE 21- DURATION

21.01 This Agreement shall be effective on February 1, 2016 and it shall remain in effect until January 31, 2021. The Agreement

shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination or proposed revision of the Agreement not more than ninety (90) days before the expiration date of the Agreement, or in any like period in any year thereafter.

20 \ b I --

Signed on behalf of 421532 ONTARIO LTD. o/a CITY CABS

Per~4~- Per-------~7=----~-----Signed on behalf of CHRISTIAN LABOUR ASSOCIATION OF CANADA

Per>~

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SCHEDULE "A" CLASSIFICATIONS AND RATES OF PAY

Feb 01/16 Feb 01/17 Feb 01/18 Feb 01/19 Feb 01/20

Start 11.50 11.71 11.92 12.13 12.35

Call Taker After Probation 12.02 12.24 12.46 12.68 12.91 After 1 year 12.55 12.78 13.01 13.24 13.48

Start 13.16 13.40 13.64 13.89 14.14

Monitor After Probation 14.06 14.31 14.57 14.83 15.10

After 1 year 14.51 14.77 15.04 15.31 15.59

Start 16.00 16.29 16.58 16.88 17.18

Clerk "A" After Probation 16.43 16.73 17.03 17.34 17.65

After 1 year 16.86 17.16 17.47 17.78 18.10

Start 15.04 15.31 15.59 15.87 16.16 Clerk "B" After Probation 15.47 15.75 16.03 16.32 16.61

After 1 year 15.90 16.19 16.48 16.78 17.08

Effective upon ratification, Linda Aubin will be compensated at the hourly rate of $15.22 and receive a 1.8% lump sum payment calculated on her hours worked for each subsequent year until the grid meets or exceeds such hourly rate whereupon she will receive increases on her hourly rate in accordance with the grid .

Effective upon ratification, Queyhn Tran will be compensated at the hourly rate of $13.09 and receive a 1.8% lump sum payment calculated on her hours worked for each subsequent year until the grid meets or exceeds such hourly rate whereupon she will receives increases on her hourly rate in accordance with the grid.

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12.57

13.14 13.72

14.39

15.37 15.87

17.49 17.97

18.43

16.45 16.91 17.39


All adjustments to compensation, including the retroactive adjustment to wages, will be paid no later than the second pay period following notice of ratification and are only applicable to those employees actively employed in the bargaining unit on the notice of ratification date.

Notes:

1. A Clerk's Assistant is the person assigned to a position which includes clerk duties, and to assist as a call taker/monitor. The Clerk Assistant will receive SOC less than the Clerk.

2. The level of pay within each classification is determined by the years of service that an employee has with the Employer. For parttime employees, one year of service shall be credited for each 1800 hours worked. Wage increases for experience shall occur on an employee's anniversary date, or upon reaching 1800 hrs in the case of part-time employees. Each February pt the Employer shall adjust all wages by the appropriate percentage, as indicated in the appropriate column.

3. The parties agree that advancement from Call Taker to Monitor will occur after an employee has completed 400 hours of training and work as a Monitor.

4. If a Monitor or Call Taker is temporarily assigned to perform the duties of the Clerk "A", she will receive a $1.50 premium for each hour so worked. In the event she is temporarily assigned to the

Clerk "B" position, she will receive a $1.00 premium per hour worked. This premium shall only apply when the assignment is of such temporary nature that a job posting would not be necessary.

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LEITER OF AGREEMENT #1

Between 421532 ONTARIO LTD. o/a CITY CABS

and CHRISTIAN LABOUR ASSOCIATION OF CANADA

WORKPLACE MONITORING

The ongoing call monitoring/recording will continue. The Employer agrees that it will not implement any further audio/video surveillance without at least thirty (30) days notification to the Union and will only do so where it determines such steps are necessary to address demonstrable gaps in investigations into serious issues such as misconduct, theft, staff safety and security and otherwise unexplainable gaps in service responsiveness. The Union will not challenge the implementation of surveillance, should it occur, by way of a policy grievance but reserves the right to challenge the reasonableness of such evidence if used against any members for

discipline.

Any surveillance of the workplace will not be used to actively monitor employees and the Union will be advised as to recording sight lines and/or audible areas. The recordings will be protected by a dual password system, which requires Union and Employer passwords to gain access. The recordings will therefore only be accessed in the

presence of a Union Steward and where demonstrably necessary to assist in the investigation of an employee or an incident involving a member of the public. The Union Steward will be provided with an unedited copy of such surveillance within five {5) days after it is

37


reviewed by the parties. Any recordings not accessed will only be retained for ninety (90) days and then be irrevocably destroyed.

The Employer agrees that it will not engage in any audio surveillance of the call takers' office.

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LETTER OF AGREEMENT #2



STAFF FUND

Proceeds from the maintenance and operation of the vending machines in the workplace shall continue to be set aside in a staff fund and shall be made available to the staff for the purpose of hosting staff parties.

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HARASSMENT POLICY

The Union and the Employer agree to abide by the Ontario Human Rights Code (OHRC).

"Harassment" means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome". OHRC, Sec. 10{1)

1. Every person who is an employee has a right to freedom from

harassment in the workplace by the Employer or agent of the Employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, same-sex partnership status, family status or handicap. OHRC, Sec. 5(2).

2. Every person who is an employee has a right to freedom from

harassment in the workplace because of sex by his or her Employer or agent of the Employer or by another employee. OHRC Sec. 7(2).

The employee rights set out above shall be interpreted within the context of the OH RC.

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An employee who believes that she has been harassed, contrary to

this provision shall follow the process set out in the Grievance and Arbitration procedure in Articles 21 and 22 of the Collective Agreement, or as may otherwise be prescribed by the Employer's harassment policy, prior to filing a complaint with the Ontario Human Rights Commission.

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ARTICLE 9.08(b)

AVAILABILITY OF ADDITIONAL WORK OPPORTUNITIES/ OVERTIME

In the event that an employee who would have been entitled to an additional work I overtime opportunity is by-passed, the employee's relief will be limited to an additional work opportunity paid at the employee's regular rate of pay, which will be offered I created within three months of the missed call-in. The additional work opportunity will be shall not deprive any other individual of a call-in opportunity.

In the event that there is more than one such incident in the course of any calendar month, the Union shall not be prevented from seeking an alternate form of relief that it considers fitting for such missed work opportunity.

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PERFORMANCE SUCCESS MEASURES

The Employer shall establish the means by which to measure the frequency of call and dispatch errors. It shall include only, those errors that are directly attributable to the action, or inaction of the members of the bargaining unit, relative to the total calls booked. The Employer shall publish such data for review by the members, but in so doing, shall not disclose to whom such errors are attributable. The parties will rely on the frequency of error data to establish a meaningful performance benchmark. The Employer shall also communicate examples of what are considered major and minor errors.

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ARTICLE 9: HOURS OF WORK, OVERTIME AND CALL-INS

Within ninety {90) days of ratification, the parties will meet to discuss the design and implementation of a Master Schedule with changes in lines to be determined in accordance with the Job Posting procedure outlined in Article 10. The number of shifts, start times and days of work will be specific to each line. The Employer may amend the Master Schedule on ninety (90) days' written notice to the Union, provided the Employer engages in consultations with the Union during such period to consider employee concerns.

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LETTERS OF AGREEMENT- SIGNING PAGE



The parties agree to abide by the six (6) Letters of Agreement contained herein.

DATEDat ~\~~eA , ON, this \?.rday of ajn'oer , 20jlL

Signed on behalf of 421532 ONTARIO lTD. o/a CITY CABS

Per ~4~ Signed on behalf of

Per_.,.. __ "?~~=~-:...____-

CHRISTIAN LABOUR ASSOCIATION OF CANADA

Per~

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CAMBRIDGE MEMBER CENTRE 45 Commerce Crt Cambridge, ON N3C 4P7 T: 519-653-3002 TF: 877-701-2522 F: 519-653-3004 [email protected]

CLAC RETIREMENT 1-800-210-0200

CLAC BENEFITS 1-800-463-2522

clac.ca/myCLAC

CLAC TRAINING 1-877-701-2522

CLACJOBS 1-877-701-2522

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