table of contents · authorized agent of an intended visit and shall provide union identification...
TRANSCRIPT
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION .................. ........ ...... ...................................... .................. ..... .... ............. .. .... 1
ARTICLE 2 - UNION SECURITY ................................................................ ........ .......... .. ..................... ..... 1
ARTICLE 3 - MANAGEMENT RIGHTS ........................................................ ............... .. .......................... 2
ARTICLE 4 - GRIEVANCE PROCEDURE ................ .... ........... .......................................... .......... .. .. .... .. .. 4
ARTICLE 5 -MEDIATION/ARBITRATION ................................................................ ... ................ ........ . 5
ARTICLE 6 -EMPLOYER GRIEVANCES AND UNION GRIEVANCES ........... .. ....................... ......... 6
ARTICLE 7 - APPENDICES OF WAGE RA TES, HOURS OF WORK .................... ....... .......... ..... ........ 6
ARTICLE 8 - UNION REPRESENT A TI ON ......... ....... .......... ....... .. ....... .. ................ ....... ............... ............. 7
ARTICLE 9 - PRODUCTIVITY ............ ......... .. ................ ......... .. .......... ............ ............ ................ ............. 8
ARTICLE 10 - SENIORITY ............... .................. ............. ... ........... .................. .. ........ ... ....... ......... ..... ...... .. 8
ARTICLE 11 - LEAVE OF ABSENCE ...... ....... .. ......... ...... ........... ..... ............... .. ..... ....... .... .. ...................... 9
ARTICLE 12- STATUTORY HOLIDAY ....................................................... ....... .......... .. .......... ............ 10
ARTICLE 13-VACATION PAY ................... ........ .. ... ....................... ..... .... ............ .. .... .. .. .. ............... ...... 11
ARTICLE 14- WELFARE BENEFITS AND RETIREMENT FUND .. ...................................... .. ........... 13
ARTICLE 15 - PAYMENT OF WAGES .................. .................... ...... ........ ... ........................................... 15
ARTICLE 16 - JURY SERVICE ............ ........................ .......... ........................ ..................... ............. ....... 15
ARTICLE 17 - PROTECTIVE CLOTHING .... ....... ...................................... ......... ........ .. ..... .......... .. ........ 15
ARTICLE 18 - STAFF CHANGES ........... ......................... .......................................... ... .. ....... ....... .. ........ 16
ARTICLE 19 - LUNCH AND REST PERIODS ......................................................... .. ....... ..................... 16
ARTICLE 20 - CALL OUT, REPORTING ALLOWANCE AND OVERTIME ........... ............... ........... 17
ARTICLE 21 - LAYOFF AND RECALL .. .. .............................. ......................................................... ...... 17
ARTICLE 22- HEALTH & SAFETY .. .... ............ .. ............... .... .... .. .... .. ............ ................ ......... ........... .... 18
ARTICLE 23 - DISCHARGE & SUSPENSION CASES ........................ ................ .. ............. ........ ... ...... . 18
ARTICLE 24 - MISCELLANEOUS ................. ............ .................................. .......... .. .. ... ............... .. ... ..... . 18
ARTICLE 25 - DURATION ........... ................................................... .............................. .. ........................ 19
APPENDIX "A" - RESIDENT SUPERINTENDENT ........... ......................................... .................... ...... 20
APPENDIX "B" - CLEANERS & HOUSEKEEPERS ......... ....................... ............................ .................. 23
APPENDIX "C" ...... ... ... ......... .. .. .. .......... .. .. .. ... ......... ... .. ................................. .......... .......... .......... ....... ..... ... 25
COLLECTIVE AGREEMENT
BETWEEN:
METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 710
(hereinafter called the "Employer")
- and-
LIUNA LOCAL 183 (hereinafter called the "Union")
ARTICLE 1 - RECOGNITION
1. 01 The Employer recognizes the Union as the sole Collective Bargaining Agent for all of
its own employees employed to perform all work associated with building maintenance and janitorial
cleaning, including Resident Superintendents at 236 Albion Road, Rexdale, Ontario, save and except
Property Manager, Property Management Office and Clerical staff, or executive personnel in
positions above Property Managers.
ARTICLE 2 - UNION SECURITY
2.01 The regular monthly Union dues shall, as a condition of employment, be deducted
from and checked-off from the wages of each employee employed in any position within the
bargaining unit described in Article I of this Agreement.
2.02 The monthly Union dues shall be equivalent to one- point eight percent (1.8%) of
each employee's gross monthly earnings and the Employer shall make such deductions from the pay
due to the employees and shall forward such deductions to the Secretary/Treasurer of the Union no
later than the fifteenth (151h) day of the month
following the month in which the deductions were made.
2.03 The Employer shall, when forwarding such dues, provide a list for the
Secretary/Treasurer of the Union, listing the names and corresponding Social Insurance Numbers of
the employees from whose pay such deductions have been made. The Employer shall notify the
Union of any and all termination of employees (Voluntary or otherwise.)
MTCC 710 (2019-2020) Page 1
2.04 The Union shall indemnify the Employer from any claim which may arise from
deductions made pursuant to this Article.
ARTICLE 3 - MANAGEMENT RIGHTS
3.01 The Employer shall have the exclusive functioning option to conduct their business in
all respects in accordance with their commitments and responsibilities including the right to:
(a) manage, locate, extend, schedule, curtail or cease maintenance operations;
(b) determine the number of workers required for any or all operations; judge the
qualification of employees; assign or reassign work loads of employees; determine
and evaluate the content and functions of all jobs and classifications; revise work
assignments at any time and maintain an efficient mobile work force with diverse
skills;
( c) determine the types and placement of machines, tools, materials and equipment; and
to introduce new or improved systems and equipment;
( d) hire, classify, promote, transfer and lay-off employees and to discharge, demote and
suspend employees for just cause;
(e) establish, revise from time-to-time and enforce reasonable rules of conduct and
procedure for its employees, maintain order, discipline and efficiency; all subject to
the provisions of Articles IV and V herein. It is agreed that these functions shall not
be exercised in a manner inconsistent with the express provisions and intent of this
Agreement, and any bargaining unit work, as defined on the Ontario Labour
Relations Certificate, shall not be sub-contracted to non-union.
3.02 Employer Polices
(a) Employer policies shall be communicated and available to the employees where
applicable. Any revisions or amendments to the policy shall be presented or
disclosed within one (1) week of the final draft.
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3.02 (b) An Employee's signature on an employer policy will constitute proof that the
employee has read and understood the document signed. The employee's signature
shall not be construed as an agreement with the contents of the documents signed.
3.03
3.04
(a)
No employee covered by this Collective Agreement, shall as a result of same, suffer
and/or incur any loss or reduction in hours, wages or any other benefits and/or
conditions of employment monetary or otherwise for purposes of benefit coverage,
etc.
No Individual Agreements No employee shall be compelled to or allowed to enter into any individual contract or
agreement with the Employer concerning the conditions of employment varying the
conditions of employment herein.
(b) Notwithstanding the above, the wage rates outlined in this Agreement are minimum
wage rates and they do not prevent the Employer from paying a higher wage rate.
Work of the Bargaining Unit
Persons whose jobs are not in the bargaining unit shall not work on any jobs which are included in
the bargaining unit except for the purpose of instruction, experimenting, emergencies, or special
duties which are not normally performed by the bargaining unit as mutually agreed upon by the
parties.
3.05 Casual Employee
(a) The Employer shall have the right to assign bargaining unit work referred to in
Article 1.01 to casual employees who are not members of the bargaining unit, for
only the purpose of vacation coverage, leave of absence or emergency situations
where there are no bargaining unit members available and capable.
The Employer agrees that that no casual employee will be hired where it would lead
to a regular employee being laid off, prevent a regular employee from being re-called
from lay-off, or reduce the number of regular employees to less than two (2). The
Employer shall notify the Union of work performed by individuals outside the
bargaining unit under this provision and shall pay union dues with respect to their
work.
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ARTICLE 4 - GRIEVANCE PROCEDURE
4.01 The immediate attention to complaints and grievances is of the utmost importance.
Properly constituted grievances may be processed through the following procedures:
STEP N0.1
STEPN0.2
STEPN0.3
Within ten (10) business days after the alleged grievance incident, the aggrieved may
present the grievance to an immediate supervisor either in writing or orally.
Should no settlement satisfactory to the aggrieved be determined within five (5)
business days, the next step of the Grievance Procedure may be implemented within
five (5) business days following.
The aggrieved, through an authorized Business Representative, may submit the
grievance to an authorized agent of the Employer, in writing; and the responsible
parties shall meet within five (5) business -days following.
Should no settlement, satisfactory to the aggrieved be determined within five (5)
business days following this meeting, the next step of the Grievance Procedure may
be implemented within five (5) business days following.
Should no settlement, satisfactory to the aggrieved be determined within five (5)
business days following, the grievance may be submitted to arbitration within ten
(10) business days following, as provided for in Article V - Arbitration.
4.02 Grievances pertaining to alleged violation of hours-of-work, rates-of-pay, overtime,
vacation with pay and other monetary items may be submitted within three (3) months of such
alleged grievance incident.
4.03 Satisfactory judgment of such grievances may be retroactive from the first day of the
grievance incident.
MTCC 710 (2019-2020) ~nion
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4 .04 Employees with less than four hundred and eighty ( 480) hours of service
(probationary employees) may submit grievances pertaining only to alleged violations of monetary
matter. The probation may be extended mutual agreement.
4.05 Statutory Holidays, Saturday and Sundays shall be excluded from the times provided
for the various steps. Time limits may be adjusted by agreement of the parties concerned.
ARTICLE 5 - MEDIATION/ARBITRATION
5.01
(a)
Mediation
Any properly constituted gnevance concernmg the interpretation, application,
administration or alleged violation of this Agreement which has been properly
processed through all of the steps of Article 4, but has not been satisfactorily settled
may be referred to arbitration.
(b) A mediator will be appointed as mutually agreed to by both parties and the cost of
the mediator will be shared equally between the parties. Neither party is bound by the
mediator's recommendation( s). Should no settlement, satisfactory to the aggrieved
be reached, Step No. 3 in Article 4.01 may be implemented.
(c) Timelines shall be suspended for the period of mediation however, either party can
decide to implement Step No. 3 in Article 4.01 by providing the other party written
notice of their intention to proceed to arbitration.
5 .02 Within thirty (30) calendar days of date of receipt of a request for arbitration, the
parties shall endeavour to agree on the name of an Arbitrator. If agreement is not then reached, the
party requesting arbitration may then request the Ministry of Labour to appoint an Arbitrator and
advise the other party accordingly. Such request to the Ministry of Labour must be made no later
than fourteen (14) calendar days following the thirty (30) day period referred to in this paragraph.
5.03 The Arbitrator shall, upon receiving a Notice to Arbitrate, arrange a hearing at the
earliest date. All concerned parties shall be given a minimum of two (2) full-days' notice.
5.04 The Arbitrator shall, after hearing all of the evidence and submissions from all parties
concerned, submit a final and binding decision in writing.
MTCC 710 (2019-2020) ~Union
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Reasons for the decision need not be given at the time of the decision but shall be
provided within a reasonable period of time thereafter.
5.05 The Arbitrator shall be provided with written records containing details of the
grievance, the section or sections of the Agreement which are alleged to have been violated and the
requested remedy, none of which is subject to change.
5.06 The Arbitrator shall not have the power to alter or change any of the provisions of this
Agreement; or to substitute any new provisions for any existing provisions; or to render any decision
inconsistent with the terms and provisions of the Agreement.
5.07 Statutory Holidays, Saturdays and Sundays shall be excluded from the times provided
for the various steps. Time limits may be adjusted by agreement of the parties concerned.
5.08 The Union and the Employer shall equally share any expenses of the Arbitrator.
ARTICLE 6 - EMPLOYERS GRIEVANCES AND UNION GRIEVANCES
6.01 The Employer may submit a grievance to the Union in a manner similar to the
procedure outlined in Article IV - Grievance Procedure. Should no settlement, satisfactory to the
parties concerned, be determined, such grievance may be submitted to arbitration in a manner similar
to the procedure defined in Article V - Arbitration.
6.02 A Union grievance which is defined as an alleged violation of the Agreement
involving all or a substantial number of employees in the bargaining unit in regard to which a
substantial number of employees have signified an intention to grieve, or a grievance involving the
Union itself, including the application or interpretation of this Agreement, may be brought forward
at any time in accordance with Article IV - Grievance Procedure and if it is not settled, it may be
referred to an Arbitrator in a manner similar to the procedure outlined in Article V - Arbitration.
ARTICLE 7-APPENDICES OF WAGE RATES; HOURS-OF-WORK; AND SPECIFIC WORKING CONDITIONS
7.01 Attached to this Agreement are appendices A, B, and C which specifically set forth
and define hourly rates, salaries, hours-of-work, job classifications, job description and working
conditions all of which are an integral part of this Agreement.
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ARTICLE 8 - UNION REPRESENTATION
8.01 (a) It is agreed that a Union Steward shall be appointed by the Union. The Union shall
be required to notify the Employer of the name of the Union Steward in writing.
8.02
(b) The Union Steward shall, in his/her specific job classification, be the employee
retained the longest in the building and shall be the last person laid-off and the first
person recalled provided he/she can do the job.
( c) The Union Steward shall not be discriminated against or disciplined for the proper
performance of their duties on behalf of the Union.
( d) The Union Steward will be responsible for reporting any disputes to the Employer
and Union Representative, so that these can be taken up in the proper manner without
any delay.
The Union Steward shall perform the required duties of an employee of the
Employer; and the Union business shall not be conducted during regular working-hours without the
express permission from an authorized agent of the Employer, and such permission shall not be
unreasonably withheld.
8.03 A Union Business Representative shall be required to advise the Employer's
authorized agent of an intended visit and shall provide Union identification after which the
Employer's authorized agent shall grant to the Union Business Representative access to any of the
subject buildings, as the case may be. The Union Business Representative shall not interfere with
the progress of work during such visit.
8.04 The Union Representative or designated shall have one (1) hour with a new member
during his/her probationary period to answer any Union related questions without any loss in his/her
regular pay, within their regularly scheduled shift.
8.05 (a) An employee, who is subject to disciplinary action (i.e. written reprimands,
suspension or terminations) that is to be recorded within the employee's Personnel
File, shall have the right to have a Steward to represent him/her at such meetings.
MTCC 710 (2019-2020) ,¥Employer _$-union Page 7
(b) A Union Steward, who is subject to discipline, shall have the right to the presence of
a Union Representative or another officially appointed Union Steward.
( c) In either a) orb) if no Union Steward has been appointed, or Union Representative is
not available the Employer shall schedule the disciplinary meeting within the next
forty-eight ( 48) hours and it shall then become the sole responsibility of the
employee concerned to arrange for a Union Representative to be in attendance in
person or by phone when the meeting occurs.
( d) This provision shall not apply to those discussions that are of an operational nature
and do not involve imposition of disciplinary action.
ARTICLE 9 - PRODUCTIVITY
9.01 The Union and the Employer recognize the reciprocal value of improving, by all
proper and reasonable means, the productivity of the individual employee; and undertake jointly and
severally to promote and encourage such improved productivity.
9.02 The Union, during the term of this Agreement, shall not cause picketing, strikes or
slowdowns which will interfere with the regular schedule of work of the employees of the Employer,
and, the Employer, during the term of this Agreement, shall not cause a lock-out of its employees.
ARTICLE 10 - SENIORITY
10.01 Seniority is defined as the duration of an employee's service with the Employer, from
the date the employee starts to work; and all things being equal, shall be the determining factor of
lay-off and/or recall.
10.02 Recalls shall be by individual job classification in reverse order oflay-off.
The Employer shall notify the employee of recall by registered letter forwarded to the
last known address on file with the Employer.
10.03 Seniority shall operate on a basis of job classification and within the Employer's
specific building.
MTCC 710 (2019-2020) ~nion
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10.04 All new employees shall be considered probationary for the first four hundred and
eighty ( 480) hours of employment, during which time such employees shall have no seniority rights.
The probation may be extended by mutual agreement.
10.05 Seniority shall be retroactive to the first day of employment, after the probationary
period is completed.
10.06 Seniority of employees, who have been laid-off and subsequently rehired, shall be
determined by the actual net time on the Employer payroll; and subject to all of the conditions of
Article X - Seniority.
10.07 Any employee who has been off the payroll for a continuous period of twelve (12)
months or more shall lose all previously established seniority rights; and if subsequently rehired,
shall be considered as a new employee.
10.08 Authorized leaves of absence, sickness, [sickness not exceeding sixty (60) days] and
recognized holiday periods shall not be deducted from an employee's length of service.
10.09 Seniority shall be discontinued if an employee:
(a) voluntarily terminates employment;
(b) is discharged for reasonable cause and is not reinstated through the Grievance
and Arbitration Procedure;
(c) is absent from work for five (5) consecutive working-days without proper
notice to the Employer; and does not, subsequently, provide a reason
acceptable to the Employer;
(e) fails to report for work within five (5) working-days after recall by the
Employer.
ARTICLE 11- LEA VE OF ABSENCE 11.01 Bereavement leave of three (3) days with pay shall be granted by the Employer to an
employee subsequent to the death of any employee's spouse, child, parent, sibling, grandparent,
grandchild, mother-in-law, or father-in-law.
MTCC 710 (2019-2020) ~mployer ~nion Page 9
11.02 The Employer, at its discretion, may grant to an employee a further leave of absence
without pay.
11.03
a)
Paid Sick Leave
An employee who has completed his or her probation will be entitled to six (6) paid
sick days per year (January 1st to December 31st). All unused personal days as of
December 31st will be paid out by January 15th of each calendar year.
b) It is understood by both parties that cashable sick days shall only apply to salary
employees in the bargaining unit.
c) Both parties recognize if the Collective Agreement provides a greater benefit than the
Employment Standards Act with respect to sick days, the Collective Bargaining
Agreement will govern.
11.04 Personal Emergency Leave
Every employee may take up to two (10) days of unpaid personal Emergency
leave per calendar year. The Employer agrees during this time, the employees' job is protected.
ARTICLE 12 - STATUTORY HOLIDAYS
12.01 The following Statutory Holidays shall be recognized:
New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day 4 hours New Year's Eve
Thanksgiving Day Remembrance Day Christmas Day Boxing Day 4 hours Christmas Eve
12.02 The employee must have worked the regular scheduled shift of each of the work-days
immediately preceding and immediately following each of the noted holidays before qualifying for
holiday pay for any of the noted Statutory Holidays.
The noted requirements are not mandatory if an employee is prevented from working
by illness or any other reason acceptable to the Employer.
MTCC 710 (2019-2020) Page 10
12.03 Hourly-paid employees shall receive holiday pay equal to a normal day's pay or
equivalent calculated at the rate of the employee's pay.
Salaried employees shall receive holiday pay equal to his wage for a single working
day calculated on the basis of the employee's salary.
12.04 An employee required by the Employer to work any of the above-noted Statutory
Holidays shall be paid as follows:
(a) Hourly-paid employee: - at the rate of double (2x) times the employee's
regular hourly wage for each hour worked;
(b) Salaried employee: - at the rate of double (2x) times the employee's regular
hourly wage for each hour worked calculated on the basis of the employee's
salary;
in addition to receiving the specifically defined holiday pay.
12.05 Employees employed on a continuous operation, may, by mutual consent of the
Employer and the employee, have such Statutory Holidays added to their vacation period or receive
other mutually agreed upon time-off periods, in lieu of Statutory Holidays.
ARTICLE 13 - VACATION PAY
13.01 Vacation Pay shall be predicated on the length of employment with the Employer, in
accordance with the following below. For the purpose of calculating vacation
entitlements, the vacation year shall be from January 1st to December 31st.
(a) Employees with less than one (1) year's employment shall receive Vacation
Pay equal to four percent (4%) of their gross wages earned.
(b) Hourly-paid employees with one (1) year or more, but less than four (4)
years' employment, shall receive Vacation Pay equal to five percent (5%) of
their total gross wages earned.
MTCC 710 (2019-2020) ~Union
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Salaried employees with one (1) year or more but less than four (4) years'
employment, shall receive Vacation Pay equal to two and one-half (2Y2)
weeks' salary;
(c) Hourly-paid employees with four (4) years or more but less than eight (8)
years employment shall receive Vacation Pay equal to six percent (6%) of
their total gross wages earned.
Salaried employees with four (4) years or more but less than eight (8) years
employment shall receive Vacation Pay equal to three (3) weeks' salary;
(d) Hourly-paid employees with eight (8) years employment shall receive
Vacation Pay equal to seven percent (7%) of their total gross wages earned.
Salaried employees with eight (8) years or more but less than ten (10) years
employment shall receive Vacation Pay equal to three and one-half (3Y2)
weeks' salary;
( e) Hourly-paid employees with ten (10) years or more employment shall receive
Vacation Pay equal to eight percent (8%) of their total gross wages earned.
Salaried employees with ten (10) years or more employment shall receive
Vacation Pay equal to four ( 4) weeks' salary.
13.02 Vacation periods shall be scheduled by mutual consent of the Employer and
employees. Should a dispute arise between two employees for the same vacation period seniority
shall govern.
13.03 Vacation periods are limited to maximum of five (5) weeks per calendar year.
13.04 Notice Required
Employees are required to submit vacation request in writing to the Employer.
Vacation request of one ( 1) week but less than three (3) weeks shall be submitted to the Employer at
least (1) month in advance. Once submitted all vacations request will be responded to in writing
MTCC 710 (2019-2020) _5-union Page 12
within five (5) business days of the requested being submitted. In cases of emergencies, the
employee will give as much notice as possible and the vacation will not be unreasonably withheld
Employees requiring longer vacation periods of one ( 1) month or greater shall submit
vacation request in writing to the Employer at least two (2) months in advance of the intended
vacation period. Once submitted, all vacations request will be responded to in writing within five (5)
days of the request being submitted and shall not be unreasonably withheld. Should a dispute arise
between two (2) employees for the same vacation period, seniority shall govern.
13.05 All employees Vacation Pay remuneration shall be submitted to them the first pay
period in January of each calendar year following the date of the employee's initial employment or
shall be paid upon request when the employee goes on vacation.
13.06 Employees shall receive Vacation Pay no later than the first regular pay period
following termination of employment.
13.07 The vacation entitlement set out in 13.01 is not cumulative. Any vacation entitlement
that an employee does not use on or before the end of the calendar year in which it was earned shall
not be carried forward.
ARTICLE 14 - WELFARE BENEFITS AND RETCREMENT FUND
14.01 The Employer agrees to contribute for those employees who are covered by this
Agreement who are classified as Resident Superintendent and/or Cleaners, upon completion of their
probationary period, to the Local 183 Industrial Benefit Fund, plus applicable taxes, for the purpose
of purchasing Plan "A" benefits, as follows:
RESIDENT SUPERINTENDENT and/or CLEANERS BENEFITS
December 1, 2019 December 1, 2020 December 1, 2021
$ 275.00/month $ 280.00/month $ 285.00/month
The Employer agrees to contribute for those employees who are covered by this
Agreement who are classified as Housekeepers, upon completion of their probationary period, to the
Local 183 Industrial Benefit Fund, plus all applicable taxes, for the purpose of purchasing Plan C
benefits, as follows:
MTCC 710 (2019-2020) 5Unlon Page 13
HOUSEKEPPER BENEFITS
December 1, 2019 December 1, 2020 December 1, 2021
$ 125.00/month $ 130.00/month $ 135.00/month
It is understood that the Employer shall not be construed to be an insurer nor shall it
have any liability other than making the payment as aforesaid to the Trust Fund and that the Union
agrees to indemnify and save harmless the Employer against any or all claims which may be made
against it in respect of any claim by an employee for the insurance coverage provided for herein.
Remittances to be forwarded by the fifteenth (15th) of each month. (Example: June 15 remittance
[which represents the May work-month] provides July 1 benefit coverage).
14.01 b) The Employer will pay the benefit premium for a period of one ( 1) year or length of
service, whichever is shorter when an employee is off work due to verified illness or non-work
related injury.
Delinquencies
In the event that Welfare or any other employee benefit fund payments are received
by the Union after the fifteenth (15th) of the month following the date due, the Employer shall pay,
as liquidated damages to the Union, at the rate of two percent (2%) per month, twenty-four percent
(24%) per annum or fraction thereof, on the outstanding overdue amount.
Such late payments received from the Employer shall be applied firstly to arrears or
contributions already owing, starting with amounts owing from the earliest month forward.
14.02 Pension: Resident Superintendent, please refer to Appendix A
Pension: Cleaners and Housekeepers, please refer to Appendix B
14.03 Retirement Fund
The Employer agrees to pay from each employee covered by this Agreement and
remit on their behalf into the Labourers' Local 183, Retiree Benefit Fund, the following sums:
MTCC 710 (2019-2020)
December 1, 2019 - $6.50 per month, per employee
December 1, 2020 - $7.00 per month, per employee
December 1, 2021 - $7 .50 per month, per employee
~niun Page 14
The Employer shall remit contributions to the Labourers', Local 183 Retiree Benefit Trust Fund
monthly, together with a duly completed Employer's Report Form, by the fifteenth (15) of the month
following the month for which the payment is due.
ARTICLE 15 - PAYMENT OF WAGES
15.01 Wages shall be paid by direct deposit or by cheque bi-weekly, to each Employee at
the Building which the employee is employed.
The Employer shall provide with the wage cheque a statement which defines hours
worked, overtime hours, hourly rate (where applicable) deductions for Income Tax, Employment
Insurance, Canada Pension, Union dues, etc.
15.02 In the event of an intended lay-off, the affected employee shall receive notice in
accordance with the Emplovment Standards Act, with the exception of Resident Superintendents as
defined in Article I, who shall receive a minimum of fifteen (15) calendar days' notice.
15.03 The Employer shall, within seventy-two (72) hours after discharging an employee,
send by registered mail, to the said employee's last known address on file, all outstanding
documentation, including: Record of Employment and all benefits, including: Vacation Pay,
Statutory Holiday remunerations and accumulated pay.
15.04 The Employer shall, no later than the next regular pay following an employee's
voluntarily terminated employment, send by mail, to the employee's last known address on file, the
said employee's pay cheque.
ARTICLE 16- JURY SERVICE
16.01 Employees who are called to serve as Jurors shall be granted leaves of absence. The
Employer agrees to pay to such employee the difference between the employee's wage rate and the
Juror rate for up to a maximum period of two (2) weeks.
16.02 Each employee serving such jury duty shall be required to provide to the Employer
satisfactory proof of such duty being served and the Juror rate.
ARTICLE 17- PROTECTIVE CLOTHING
17.01 The Employer will provide protective clothing, where necessary, for the employee's
use.
MTCC 710 (2019-2020) ~Un ion
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17.02 The Employer will supply uniforms, at no cost to the employees in the bargaining
unit, whenever such is the Employer's practice.
ARTICLE 18 - STAFF CHANGES
18.01 Whenever a vacancy of a permanent nature occurs within the bargaining unit, the
Employer shall post in the place of employment, a notice setting forth details of such vacancy.
Employees applying for such vacancy shall make application to the Employer, in
writing, within two (2) working-days after the noted posting.
Applications will be considered on the basis of the applicants' skills, abilities and
qualifications and seniority shall be the governing factor should applicants be relatively equal in all
other respects.
The Employer may fill the vacancy at its discretion should no applicants be
considered suitable.
The Employer may fill the vacancy temporarily, pending the consideration of
employees' applications.
The Employer may consider any applicant ineligible should such applicant have
successfully applied under similar procedure, within the six (6) months immediately preceding the
date of posting.
18.02 Employees unable to perform their customary or traditional work, owing to age or
infirmity, shall be given consideration, at the discretion of the Employer, for work within such
employee's capabilities and qualifications.
ARTICLE 19 - LUNCH AND REST PERIODS
19.01 There shall be one (1) paid fifteen (15) minute rest period for each half (Yz) shift
worked.
19.02 There shall be one-half (Yz) hour unpaid lunch period permitted daily.
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ARTICLE 20 - CALL-OUT, REPORTING ALLOWANCE AND OVERTIME
20.01 An hourly-rated employee who:
(a) performs work in excess of eight (8) hours per day or forty (40) hours per week
shall be paid at the rate of one and one-half (1 Y2) times their regular rate.
(b) has been called-out to report for work on other than a regular work shift shall
receive one and one half (1 Y2) times their regular rate for each hour worked.
It being understood that the employee shall be paid a minimum of four ( 4) hours' pay
for such call-out at straight-time rate, whichever is the greater, ifthat employee in fact worked or is
pre-disposed by the Employer.
20.02 A salaried employee, resident in the building, who is directed to report to work on
other than the regular scheduled shift, shall be paid at straight time for all hours worked. These hours
must be reported to the Property Manager verbally or in writing the following day after the work is
performed. A duly completed report form, supplied by the Employer, must be filled out by the
employee and submitted by the employee to the Employer by Friday of the week that the work took
place.
ARTICLE 21-LAY-OFF AND RECALL
21.01 In the event of lay-off, employees shall be laid-off in the reverse order of their
bargaining unit and job classification seniority.
21.02 The Employer shall notify employees who are to be laid-off ten (10) working-days
prior to the effective date oflay-off, or award pay in lieu thereof, unless a greater period of notice is
required by legislation, in which case such greater period of notice, or pay in lieu thereof, shall be
given.
21.03 Employees shall be recalled in the order of their seniority, where jobs become
available in their specific job classification. The Employer shall give notice of recall by registered
mail to the last recorded address of the employee. The employee shall keep the Employer advised at
all times of his current address. The employee shall return to work within seven (7) working-days
from the time that he receives notice of recall unless, on reasonable grounds, he is unable to do so.
An employee who has been given notice ofrecall may refuse to exercise such right after which all
obligations of the Employer to recall said employee shall be ended.
MTCC 710 (2019-2020) _5union Page 17
21.04 No new employees shall be hired until those laid-off have been given the opportunity
of recall.
21.05 Stewards shall be the last persons laid-off and the first persons recalled in their
specific job classification unit.
ARTICLE 22-HEALTH AND SAFETY
22.01 The Employer and the Union agree that they mutually desire to maintain high
standards of health and safety in the Employer's operation in order to prevent industrial injury and
illness. Therefore, the Employer, the Union and the employees will co-operate in the prevention of
accidents and enforcement of safety rules in the Employer's operations
22.02 An employee who is injured during working hours and who is required to leave for
treatment, or is sent home for such injury, shall receive payment for the remainder of the scheduled
shift at regular rate of pay
22.03 The Employer shall, at his own expense provide transportation to a hospital or to a
physician. It is further agreed that an ambulance shall be used where necessary and possible.
22.04 The Employer shall provide adequate change room facilities and access to a personal
locker for each employee save and except the Resident Superintendent who shall be provided with a
personal locker only if he/she requests one.
ARTICLE 23 - DISCHARGE & SUSPENSION CASES
23.01 Copies of all suspension and terminations notices issued to the employees shall be
forwarded to the Union Representative within twenty-four (24) hours of being issued.
23.02 In general, discipline shall remain on an employee's record for a period no longer
than twelve (12) months from the date the discipline was imposed provided that during such period
the employee does not receive any further discipline of the same nature during that time period.
ARTICLE 24 - MISCELLEANOUS
24.01 No employee covered by this Collective Agreement, shall as a result of the same,
receive, suffer or incur any loss or reduction in wages or any other benefits or conditions of
employment, monetary or otherwise.
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24.02 The Employer bound by this Collective Agreement shall not be required to continue
to provide benefits which duplicate any of those benefits provided for and required to be given by
this Collective Agreement.
24.03 Employees shall acknowledge receipt of performance evaluation after being requested
by the Employer to do so and after being provided a reasonable amount of time to review such
performance evaluation. An employee's signature on performance evaluations will constitute proof
that the employee has received the document signed, but the Employees signature shall not be
construed as an agreement with the contents of the documents signed.
ARTICLE 25- DURATION OF AGREEMENT
25.01 This Agreement shall continue in full force and effect from December 15\ 2019, up to and
until November 301h, 2020, inclusive and thereafter shall be automatically renewed and remain in
force from year-to-year from its expiration date unless, within the period of ninety (90) days before
the Agreement ceases to operate, either party gives notice in writing to the other party ofits desire to
bargain with a view to the renewal with or without modifications of the Agreement. On receipt of
such notice, the parties to the Agreement shall convene a meeting within fifteen (15) days and
bargain in good faith to endeavor to reach an agreement.
~1-'1 DATED AT: TORONTO, ONT ARIO, THIS _ ___:;;.C/ _ _ DAY OF January 2020.
For the Employer: For the Union:
~~ Ihaveauority t0bi1ldthe corporation (Signature)
&oblh frreSJ-Print Name Print Name
~~!M-I have authority to bind the Corporation (Signature)
tJ'""A L,JA. +~a.EK Print Name Print Name
MTCC 710 (2019-2020) ~Union
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APPENDIX "A"
I -RESIDENT SUPERINTENDENTS'S SCHEDULE - ANNUAL SALARY
Resident Superintendent - Annual Years of Service Job Classification December 1, 2019 Start to 10 Years SUPERINTENDENT $40,010
10 Years or more SUPERINTENDENT $42,010 Start to 10 Years ASSISTANT $39.010
SUPERINTENDENT 1 0 years or more ASSISTANT $41,010
SUPERINTENDENT
II. Resident Superintendent and Assistant Superintendent
The normal daily work shift for Resident Superintendents shall be eight (8) working
hours per day exclusive of meal periods. The eight (8) working-hours per day shall be worked
within an eight and one-half (8lfi) hour period.
The normal hours-of-work for Resident Superintendents shall be forty ( 40) hours per
week exclusive of meal periods and the work-week shall be from Sunday to Saturday.
As part of their normal duties, Resident Superintendents will be required to make
themselves available and be on-call for evening duties.
Each Resident Superintendent shall be entitled to two (2) days-off each week as can
be mutually agreed upon but failing agreement the Employer shall schedule the days-off.
Determination of the work schedule shall be in the absolute discretion of the
Employer.
It is agreed that while the Resident Superintendent shall be on his or her days-off the
Employer may assign another employee to replace him (her) and the assigned employee shall be
responsible for performing any work that is assigned by the Employer.
The Employer will attempt to familiarize tenants in the Employer's premises of the
work schedule.
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III. COMMON CONDITIONS FOR ALL RESIDENT SUPERINTENDENTS
1. One 2-bedroom apartment with a cell phone and one (1) underground parking space,
if an employee is the owner of a car, shall be provided without direct charge subject to the provisions
of the Income Tax Act, as it relates to taxable benefits, and is included exclusively as part
remuneration for the position of Resident Superintendent.
As a result of a cell phone being provided, the Corporation will not provide a landline
to the Superintendent.
2.
3.
Said 2-bedroom apartment need not be provided under the following conditions:
(i) where a given building is without 2-bedroom apartments.
(ii) where alternate office facilities have been provided for the Resident Superintendent.
(iii) where a precedent for other accommodation has been previously established.
An alternate parking space shall be provided if a given building is without
underground parking.
4. A Resident Superintendent's spouse shall neither be required by the Employer to
perform any bargaining unit work nor shall he or she, as the case may be, perform such work at any
time except as follows:
(i) by mutual agreement of the Employer and such spouse in which event the
subject Collective Agreement shall in all respects apply to the said spouse
and the work performed by him or her.
(ii) a Resident Superintendent's spouse may, at the request of such Resident
Superintendent, and with mutual agreement of the Employer, substitute for
the said Resident Superintendent in the performance of any part of the said
Superintendent's normal and regular duties. In the event the Resident
Superintendent's spouse substitutes for the said Superintendent as aforesaid
then the subject Collective Agreement shall not apply while the spouse is
performing such work.
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IV-PENSION
The Employer shall contribute to the Labourers' Pension Fund of Central and Eastern
Canada the following amounts based on one hundred and fifty (150) hours monthly (*flat rate) for
all employees that covered by Appendix A the following amounts:
Effective December 1, 2019 - three dollars and fifteen cents ($3.15) per employee per hour*
The Employer shall remit contributions to the Labourers' Local 183 Pension Fund of
Central and Eastern Canada monthly, together with a duly completed Employer's Report Form, by
the fifteenth (151h) of the month following the month for which the payment is due.
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I. of-pay:
APPENDIX "B"
The Employer shall pay to Cleaners and Housekeepers the following hourly rates-
Housekeeping and Cleaners Hourly Rate December 1, 2019
Housekeeping $16.38
Cleaners $19.00
*All Employees on Probation must complete 480 hours of service and are to be paid by the category less twenty-five cents ($0.25) per hour.
II. The regular work week for Full-time Cleaners and Housekeepers shall be forty ( 40)
hours per week, eight (8) hours per day, exclusive of mealtime, any five (5) consecutive days,
Monday to Sunday between 7:00am to 5:00pm. Overtime rates prescribed above will only be paid
on those hours worked in excess of eight (8) hours per day and forty ( 40) hours a week.
Hours of work: Part- time
III. The regular work week for Part-Time Cleaners and Housekeepers shall not exceed
thirty (30) hours per week Monday to Sunday. Part-time employees shall not be scheduled for a
shift consisting of less than four ( 4) working hours. Overtime rates prescribed in Article 20 will
only be paid on hours worked in excess of eight (8) hours per day.
IV. The Employer agrees that no part-time employees will be hired where it would lead to
a regular employee being laid off, prevent a regular employee from being re-called from lay-off, or
reduce the number of regular full-time employees to less than two (2). In addition, there shall not be
more than one (I) part-time employee in the employ of the Employer at any one time."
v. A part time Cleaners or housekeeper shall receive the same hourly wages as a full-
time cleaners or housekeeper
VI. Housekeeper and Cleaners
Housekeeper:
Those employees who do, among other things the following work: local snow
removal, heavy washing of floors and garbage removal, etc.
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As part of their regular normal duties, cleaners job description shall include "relieving
the superintendent" during their regular schedule shift.
The Employer shall provide the cleaner with a cell phone to the contacted on while
the Resident Superintendent is unavailable.
Cleaners:
Those employees who do among other things the following type of work: local
snow removal, heavy washing of floors garbage removal, etc.
VII. Pension
The Employer shall contribute to the Labourers' Pension Fund of Central and Eastern
Canada the following amounts based on one hundred and fifty (150) hours monthly* (flat rate) for
all employees that covered by Appendix B the following amounts:
Effective December 1, 2019 - One dollar and ninety cents ($1.90) per employee per hour*
The Employer shall remit contributions to the Labourers' Local 183 Pension Fund of
Central and Eastern Canada monthly, together with a duly completed Employer's Report Form, by
the fifteenth (15th) of the month following the month for which the payment is due.
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APPENDIX "C"
The Employer will give at least 30 days' notice to the Union of the Employer's
intention to hire a joumeyperson. And should the Employer actually hire a tradesperson,
joumeyperson or apprentice with respect to the maintenance or operation of the property at 236
Albion Road, Rexdale, Ontario, the Employer and the Union shall first negotiate the terms and
conditions of the employees' employment and shall enter into an agreement to amend the Collective
Agreement, prior to such person commencing work. This agreement to amend the Collective
Agreement will be titled "Memorandum of Understanding".
Furthermore, the parties agree the Memorandum of Understanding will not take effect
until the Employer has actually hired a joumeyperson.
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