COLLECTIVE AGREEMENT BETWEEN: DURABOND JANITORIAL SERVICES ... and Wast… · COLLECTIVE AGREEMENT...

COLLECTIVE AGREEMENT

BETWEEN:

DURABOND JANITORIAL SERVICES

(hereinafter referred to as "the Employer")

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

(hereinafter referred to as "the Union")

ARTICLE 1 - SCOPE AND RECOGNITION

1.01 This Agreement shall cover all employees of the Employer engaged in cleaning and

maintenance at 50 Cordova Avenue and 24 Mabelle Avenue, in the City of Toronto, save and

except Supervisors, persons above the rank of Supervisor, office and clerical staff.

1.02 The Employer agrees to recognize and bargain collectively and exclusively with

the Union for all employees of the Employer as defined in Article 1.01 above.

1.03 In this Collective Agreement, it is presumed that gender references to male or

female employees apply equally to the other sex.

ARTICLE 2- UNIO~ SECURITY

2.01 All employees ofthe Employer who are members of the Union on the effective date

of this Agreement shall remain members of the Union as a condition of continued employment.

2.02 All employees of the Employer who are hired after the effective date of this

Agreement shall be required to become and remain members of the Union as a condition of

continued employment.

2.03 The Employer shall deduct from every employee any dues, initiation fees or

assessments levied by the Union on its members .

Durabond Janitorial Services

5() Cnrdnva Avrmue, 24 1\1/abelle Avenue

2.04 The Union shall indemnify and hold harmless the Employer against any and all

liability which may arise by reason of the check-off by the Employer of dues, initiation fees in

accordance with this Agreement.

ARTICLE 3 -UNION DUES

3.01 During the term of this Agreement, the Employer agrees to deduct, on each pay

day, regular monthly Union dues as certified by the Union and to remit the amount so deducted to

the authorized Representative of the Union.

3.02 Dues deductions shall be forwarded to the Union no later than tl)e fifteenth (15th)

of the month following the month for which the dues were deducted, together with a list of the

names and Social Insurance Numbers of those employees for whom deductions have been made.

Instances where dues have not been deducted from an employee, the reason - eg.

leave of absence- shall be stated.

3.03 The Employer will send to the Union within a week following the first pay period

after their hiring, the names, addresses, telephone numbers and classifications where applicable,

of new employees.

ARTICLE 4- MANAGEMENT FUNCTIONS

4.01 The Employer shall have the exclusive functioning option to conduct its businesses

in all respects in accordance with its 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; assess

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;

Durabond Janitorial Services 50 Cordova Avenue, 24 ]vfabelle Avenue

(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,

de~ote and suspend employees;

(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 4 and 5 herein. It is agreed that these functions shall not

be exercised in a manner inconsistent with the express provisions and intent of this Agreement.

ARTICLE 5 - PRODUCTIVITY

5.01 The Union and Employerrecognize the reciprocal value of improving, by all proper

and reasonable means, the productivity of the individual employee; and undertake jointly and

severely to promote and encourage such improved productivity.

5.01 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 6 - UNION REPRESENTATION AND ACTIVITY

6.01 The Union shall notify the Employer of the name of the Steward. The Union will

be entitled to one (1) Steward per shift for the bargaining unit.

The Union recognizes that the Steward is an employee of the Employer, and that

he/she will not leave his/her work during working-hours except to perform his/her duties under

this Agreement. The Steward shall first obtain permission from his/her Supervisor before leaving

his/her work area. Such permission shall not be unreasonably deriied.

Union Stewards shall be appointed by Local 183 's Business Representative.

Dura bond JaniLoriul S~::rvices

50 Cordova Avenue, 24 Mabelle Avenue

6.02 The Employer shall provide bulletin boards for the use of the Union at locker

rooms, or other appropriate locations as the parties may agree from time-to-time, upon which the

Union shall have the right to post notices.

6.03 The Employer will use its best efforts to facilitate the Union Representative's access

to the premises for the investigation and settlement of grievances. For the purpose of Union

materials and for Union meetings, the Employer will make available the employee's lunch room

before and after work and during break and coffee time.

It is understood that the foregoing rights may have to be limited in accordance with

the building's security requirements.

6.04 The Employer agrees that the Union Steward shall be the last employee laid-off in

the event of a lay-off temporary or otherwise and shall be the first employee recalled after lay-off

so long as they are capable and willing to perform the available work.

ARTICLE 7 - DISCRIMJNATION

7.01 The Employer, the Union and the employees agree that every person has a right to

equal treatment with respect to employment without discrimination because of race, ancestry,

place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of

offences, marital status, same-sex partnership status, family status, or handicap as these tenns are

defmed by the Ontario Human Rights Code.

7.02 The parties agree that there will be no intimidation, discrimination or coercion

exercised or practised by either of them or their representatives or members because of the

employee's membership or non-membership in the Union. The tenns and obligations contained

in the Article shall be interpreted in accordance with the provision of the Ontario Labour Relations

Act, 1995.

ARrOCLE 8 -GRIEVANCE PROCEDURE

8.01 A grievance shall be defined as any reasonable difference ansmg out of the

interpretation, application, administration or alleged violation of the Collective Agreement.

Dura bond Janitorial Services

50 Cordova Avenue, 24 .Mabelle Avemte Page4

8.02 A grievance should be brought to the attention of the employee's immediate

Supervisor within :five (5) days after the employee became aware of the circumstances giving rise

thereto.

Grievances shall be dealt with in the following manner:

a) Step 1 The employee or group of employees may, with the assistance of

his/her Steward, submit a written grievance to his/her immediate

Supervisor, who shall render his/her decision within five (5)

working-days;

b) Step 2 Failing satisfactory settlement at Step 1, the grievance may be

submitted to the Manager who shall reply in writing within five (5)

working-days after receipt of the grievance;

c) Step 3. Failing satisfactory settlement at Step 2, the Steward, the Chief

Steward, the grievor and the Union's Representative and advisor

shall meet with representatives of Management within five (5)

working-days, or at a time mutually agreed upon, to discuss the

grievance. The Employer will schedule grievance meetings during

the grievor's working-hours.

If the grievance is not settled within five (5) working-days, it may be referred to

arbitration as hereinafter provided.

8.03 The Union or the Employer may initiate a grievance beginning at Step 2 of the

Grievance Procedure.

8.04 For the purpose of Article eight (8), working-days shall not include Saturdays,

Sundays and/or Holidays.

8.05 Employees with less than two (2) months service (probationary employees) may

submit grievances pertaining only to violations of monetary matters.



ARTICLE 9- DISCHARGE, SUSPENSION AND DISCIPLINE

9.01 An employee who has completed his/her sixty (60) calendar-day probation period

may be dismissed, but only for just cause, and only upon the authority of the Employer, as defined

in this Agreement.

Prior to the imposition of discipline or discharge of an employee, the Employer

shall endeavour to give the affected employee reason in the presence of his/her Steward if the

Steward is present in the building.

9.02 An employee who is discharged or suspended may file a grievance at Step 3 of the

Grievance Procedure within five (5) working-days after such discharge or suspension.

9.03 The Union shall receive copies of all disciplinary letters presented to employees.

9.04 Any discipline given to an employee will not be relied upon by the Employer in

further progressive discipline where the employee's disciplinary record has been free of further

discipline for a period of twelve (12) months.

9.05 The parties recognize that it is occasionally necessary to require employees to work

a portion of a shift in a different work area. On such occasions the employee involved may not be

able to clean his/her work area to the normal standard. Therefore, the parties agree that any

complaints regarding the nature of the cleaning on such occasions will be considered with this

transfer in mind before any discipline is imposed.

ARTICLE 10 - ARBITRATION

I 0.01 Where a difference arises between the parties relating to the interpretation,

application or administration of this Agreement, including any question as to whether a matter is

arbitrable, or where an allegation is made that this Agreement bas been violated, either party may,

after exhausting any grievance procedure established by this Agreement, notify the other in writing

of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to

the other party within ten (1 0) working days of the reply under Step 3 of the Grievance Procedure.


50 CordovaAvenue, 24 Mabelle Avenue

I 0.02 The arbitration procedure incorporated in this Agreement shall be based on the use

of a single arbitrator.

10.03 The grieving party's notice as referenced in Article 10.01 above shall also contain

a list of three arbitrators for consideration. If none of the three is chosen, then the other party shall,

within one week of the date of the ftrst list, submit a list of three different names for consideration.

If none is selected, either party may ask the Minister of Labour to make an appointment.

10.04 If either party feels that the time taken for a chosen arbitrator to hear the case is too

long, the parties may by mutual agreement choose another arbitrator or ask the Minister to make

an appointment.

10.05 Each of the parties will bear its own expense with respect to any arbitration

proceedings. The parties will bear jointly the expenses of the arbitrator on an equal basis.

10.06 The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to

alter, modify or amend any part of this Agreement, nor to make any decision inconsistent with the

provisions thereof, or to deal with any matter not covered by this Agreement.

10.07 For purposes of this Article, Working Days shall not include Saturdays, Sundays,

and Holidays.

ARTICLE 11 -SENIORITY

11.01 (a) In cases of lay-off or permanent reduction of the workforce, or recall from lay-off,

the employee with the greatest seniority provided that he/she has the slcill and

ability to perform the required work, shall be the last to be laid-off and conversely

the first to be recalled from lay-off.

(b) In cases of applications for promotion or transfer within the complex, where two

(2) or more employees are relatively equal in skill and ability, the employee with

the greatest seniority shall be given the promotion or transfer.

11.02 The Employer shall maintain a seniority list showing the date upon which each

employee's service commenced at the location(s) outlined in Article I . Where two (2) or more

Durabo11d Janiturial Services

50 Cordova Avemte, ?.4 Mabelle Avenue

employees commenced work on the same day, preference shall be in accordance with the date of

application for employment. An up-to-date seniority list shall be sent to the Union and posted on

all bulletin boards yearly.

11.03 All employees employed during the term of the Agreement shall be on a

probationary period for a maximum of sixty ( 60) calendar days from their ftrst date of employment

for the purpose of giving the Employer an opportunity to assess their qualifications for work

assignments, and will have no recourse to the Grievance Procedure for lay-off or termination

during that sixty (60) day probationary period.

11.04 An employee will lose his/her seniority and will be considered to have terminated

employment for any of the following:

a) if the employee quits;

· b) if the employee is discharged and such discharge is not reversed through the Grievance Procedure;

c) if the employee is laid-off and fails to return to work within five (5) working-days after he/she bas been notified to tlo so by Registered Mail to the employee's last known address;

d) if he/she overstays a leave of absence without just cause or by not informing the Employer of the overstay;

e) if the employee is absent from work for two (2) consecutive days without notifying the Employer of reason for the absence;

f) if the employee has been on lay-off for a period of one ( 1) year.

In the event an unexpected accident which prevents the Employee from advising

the Employer immediately, the employee must do so as soon as possible, and must supply a

medical certificate where requested.

11.05 No employee shall be transferred to a position outside the bargaining unit without

bjs/her consent.


50 Cordova Avenue, 24 Mabelle Avenue PageS

If an employee is transferred to a position outside of the bargaining unit, he/she

shall retain his/her seniority accumulated up to the date ofleaving the unit, but will not accumulate

any further seniority.

Such employee shall have the right to return to a position in the bargaining unit

during his/her trial period of thirty (30) days.

11.06 Employees shall be required to notify the Employer of any change of address or

telephone nwnber. The Employer shall be entitled to rely upon the last address and telephone

number furnished to it by an employee for all purposes.

ARTICLE 12-LEAVE OF ABSENCE

12.01 a) An employee shall be entitled to leave of absence without pay and without loss of

seniority once every two (2) years to those who request it in writing to management

at least three (3) months prior to departure, except in the case of emergency.

The Employer reserves the right to limit the number of people on leave of absence

atone time.

Such approval shall not be withheld without just cause.

b) Leaves of absence taken from May to September for the purpose of overseas

vacation must be taken in conjunction with vacation entitlement to a maximum of

one ( 1) month unless approved otherwise.

An employee returning from such leave shall be placed in his or her former job,

shift and floor, if applicable, provided such leave of absence does not exceed sixty

( 60) working-days.

12.02 PregnancyLParental Leave: - The Employer will abide by the Employment

Standards Act of Ontario, 2000 as amended from time to time .


50 Cordova Avenue. 24 Jl4.ahelle Avenue

ARTICLE 13 -TEMPORARY TRANSFERS

13.01 An employee temporarily assigned, for the convenience of the Employer, to another

classification shall be paid the higher of the rate for his/her regular classification or the

classification to which he/she is temporarily transferred.

ARTICLE 14 -HOURS-OF-WORK AND OVERTIME

14.01 The regular hours-of-work are seven and one-half (7'12) hours per day, Monday

Friday, and part-time on Saturday and Sunday, eight (8) hours per day. Overtime at the rate of time

and one-half (1 Y2) shall be paid for all hours worked in excess of eighty-eight (88) hours in a

fourteen (14) day period or when any employee who is not regularly scheduled to work on Saturday

or Sunday. This clause does not guarantee eighty-eight (88) hours of work in every fourteen (14)

day period.

14.02 Employees working up to eight (8) hour day shall receive a half ('h) hour unpaid

hmch break. There shall be a fifteen (15) minute paid break for each four ( 4) hour duration of a

shift.

14.03 There shall be no pyramiding of overtime rates under the Articles of this

Agreement.

14.04 The Employer shall have the right to schedule overtime work amongst those

employees who normally perform the work when it is required. However, the Employer will allow

any reasonable request from an employee to be excused from overtime work on any particular

occasion.

14.05 Call-In: When an employee is called-in to work on his/her day-off, he/she

shall be guaranteed a minimum of four ( 4) hours pay.

14.06 Employees shall be paid as per present practice, the pay stub shall have a full

description of all deductions.


50 Cordova Avenue, 24 lvfabelle Avenue

ARTfCLE 15- PAID l:lOLIDAYS

15.01 The Employer agrees that the following days will be recognized as holidays to be

paid for on the basis of the employees' straight-time hourly rate multiplied by the number of hours

the employee would have normally worked on such day:

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

August Civic Holiday

One ( 1) float day*

or days celebrated in lieu thereof.

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

*The float day will come into effect the 3ro year ofthe Collective Agreement (January l, 2018).

To qualify for holiday pay, the employee shall work his/her scheduled working-day

immediately prior to and his/her scheduled working-day immediately following the l}oliday.

15.02 Should any employee be required to work on a Statutory Holiday as stated above

he/she shall receive one and one-half (Ph) times his/her regular rate plus his/her holiday pay or

one-half (112) his/her regular rate plus a day-off in lieu with pay at his/her request.

15.03 In the event of a holiday, as specified in this Article, falling within an employee's

vacation period, the Employer has the choice of either:

a) extending the vacation period by one ( 1) working- day with pay;

or

b) paying an extra day's vacation pay

In either case, the rate-of-pay will be the same as that used in calculating an

employee's holiday pay.


50 Cordova Avmu~·. 24 ft.fabelle Avenue

ARTICLE 16- YACA T TONS

16.01 An employee who has:

a) less than one (1) year of continuous service shall be entitled to four percent

(4%) vacation pay;

b) one (1) year or more continuous service but less than five (5) years of

continuous service with the Employer shall receive two (2) weeks' vacation

per year with pay equal to four percent ( 4%) of the amount of the employee's

total wages in the previous year;

c) five (5) years or more continuous service but less than ten (10) years of

continuous service with the Employer shall receive three (3) weeks'

vacation per year with pay equal to six percent ( 6%) of the amount of the

employee1s total wages in the previous year~

d) ten (10) years or more continuous service with the Employer shall receive

four (4) weeks' vacation per year with pay equal to eight percent (8%) of

the amount of the employee's total wages in the previous year.

Vacation pay to be paid prior to employees commencing their vacation period or

by the znd pay period of July every year by separate cheque.

ARTICLE 17 -REPORTING TIME

17.01 An employee who is sent home due to lack of work shall receive a minimum of

four (4) hours pay for his/her scheduled shift.

ARTICLE18-BEREAVEMENTLEAVE

18.01 In the event of the death of an employee1s spouse, child, mother, father, brother,

sister, grandparent, grandchild, mother-in-law or father-in-law, the Employer agrees to grant paid

time-off from scheduled work up to three (3) scheduled, consecutive days. The three (3) days

must include or immediately precede or follow the day of the funeral. In the event of a death (in

the immediate family as defined above) outside Canada, one (l) scheduled day-off with pay will

be granted if the employee does not anend the funeral.



There will be one ( 1) day's paid leave in the event of the death of the employee's

sister-in-law, brother-in-law, daughter-in-law or son-in-law if the day is a scheduled work-day.

Proof of bereavement may be requested.

ARTICLE 19 -JURY DUTY

19.01 Any employee called for jury duty or subpoenaed as a witness shall be reimbursed

by the Employer for the difference between jury or witness fees and the wages he/she would have

otherwise received.

This clause does not apply to employees subpoenaed by the Union.

The employee will provide evidence that he/she reported for jury duty or was

subpoenaed as a witness.

ARTICLE 20- JOB POSTING

20.0 l When a job vacancy occurs or when a new position is created, the Employer shall

post notice of the position on designated bulletin boards for a minimum period of three (3)

working-days.

Such notice shall contain the following information: Nature of position,

qualifications required, location (including floor, where applicable) and wages.

Vacancies are to awarded on the basis of ability being equal, seniority shall govern

the Employer.

When an employee successfully applies for a lateral transfer, such employee shall

not be permitted to apply for another lateral transfer for a period of six ( 6) months from the date

of transfer.

The vacancy that arose as a result of the posting shall be filled by employees who

have no specific assigned area by seniority. Once existing staff have been approached and the

vacancy still exists, either the most junior employee will be assigned or the Employer may hire a

new employee.


50 Cordova Avenue, 24 1\1abel/e Avenue

ARTICLE 21 -UNIFORM,'

21.01 The Employer will supply required uniforms as needed after the initial charge of

fifty percent (50%) of the first uniform cost is deducted from the employee, as per present practise.

21.02 The Employer will provide parkas for employees required to do out~door work.

Worn out parkas must be returned before they are replaced with a new one.

21.03 The Employer will provide non-disposable rubber gloves as required.

A RTTCLE 22- WAGES & BENEFITS

22.01 The rates-of-pay under this Agreement shall be as follows:

Light Duty

Heavy Duty

Effective Dec. i/16

$11.80

$12.44

Effective Apr.l/17

$12.04

$12.69

Effective Apr.l/18

$12.28

$12.94

22.02 The Employer agrees to pay a premium of fifty cents ($0.50) per hour for all the

employees that work the midnight-shift.

22.03 Probationary employees shall receive a wage rate of fifty ($0.50) less that the grid

rate. Upon successful completion of one's probationary period, the employee will receive grid

rate.

22.04 The Employer sha11 contribute for those employees who have completed six (6)

months of service and are scheduled to work thirty-seven and one-half (37.5) hours per week or

more, one hundred and fifteen dollars ($115.00) per month per employee, plus applicable taxes,

into the Labourers' Local 183 Industrial Benefit Fund, jointly administered by an equal number of

Employer and Union Trustees, for the purpose of purchasing dental insurance for the period

starting December 1, 2016


50 Cordova Avenue, 24 fldabelle Avenue

April I, 2017 the Employer wi11 remit one hundred and twenty dollars ($120.00)

per month per employee.

April I, 2018 the employer will remit one hundred and twenty-five dollars ($125.00) per month per employee.

The Employer shall remit the contributions referred to above no later than the

fifteenth (15th) day of the month prior to benefit coverage taking effect. (April 15113 remittances

provides May 1113 benefit coverage;)

It is understood that the Employer shall not be constructed 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 inderrmify and save hannless the Employer against any or all claims which may

be made against it in respect of any claims by an employee for the insurance coverage provided

herein. Remittances are to be forwarded electronically to the Trust Fund by the fifteenth (15th) of

each month. Remittances that are not submitted on time will be subject to a 2% charge.

ARTICLE 23 - TERlVI OF AGREEMENT

23.01 Upon ratification by the members of the bargaining unit, this Agreement shall be

binding and remain in effect from December 1, 2016 to December 31, 2018, and from year-to-year

thereafter unless either party gives the other notice in writing within ninety (90) days prior to the

expiry date of the contract that it desires to terminate or amend its provisions.

Where notice to amend the Agreement is given, the provisions of this Agreement

shall continue in force until a new Agreement is signed, or the right to strike or lock-out accrues,

whichever ftrst occurs.

DATED at '{Or~+o , Ontario, this 3o '2016.

Durubund Janitorial Services

50 Cordova A venue, 24 Mabelle Avenue

COLLECTIVE AGREEMENT BETWEEN: DURABOND JANITORIAL SERVICES ... and Wast… · COLLECTIVE AGREEMENT...

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