COLLECTIVE AGREEMENT BETWEEN: METROPOLITAN TORONTO … Estate... · 2017-06-09 · COLLECTIVE...

COLLECTIVE AGREEMENT

BETWEEN:

METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 638 (1 and 3 CONCORDE PLACE, NORTH YORK)

- and -

LIUNA LOCAL 183

TERM- JANUARY 1, 2017 to DECEMBER 31,2019

* All items in the enclosed Agreement shall beco me eflc ti v~.: on the date of signing the Collective Agreement except where specifically indicated olh •rwise.

AKT l<..:L 1, J - G li:N la~AL PURi>OSI~

1.01 The general purpose of this Agreement is to establish and maintain collective

bargaining relations between the Employer, its employees within the Bargaining Unit, and the

Union.

ARTICLE 2 - H.ECO(~NlTJON

2.01 The Employer recognizes the Union as the sole collective bargaining agent for

Resident Superintendents, cleaning-maintenance personnel at 1 and 3 Concorde Place, North

York, save and except Propetty Manager, those above the rank of Property Manager, otiice and

clerical staf1~ concierge, security staff, and students employed during the school vacation periods.

2.02 It is agreed that the word "employee" or "employees" wherever used in this

Agreement shall be deemed to refer only to an employee or employees in the bargaining unit as

hereinbefore defined.

- "~

lv/TCC 638 I & 3 Concorde Place (201 7-2019) Page;: I

2.03 Where the masculine pronoun is used in this Agrccrnent it shtdl be deemed to

include the feminine and vice versa, where the context so requires.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union recognizes that the management of the operations and the direction of

the employees are fixed exclusively in the Employer and shall remain solely with the Employer

except as expressly limited by the cJear and explicit language of some other provision of this

Agreement and, without restricting the generality of the foregoing, the Union acknowledges that

it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency;

(b) hire, assign, retire, promote, demote, classify, transfer, direct, lay-oft: recall,

and to suspend, discipline or discharge employees who have successfully

completed their probationary period for just cause provided that a claim by

an employee who has successfully completed his probationary period that

he has been disciplined, suspended or discharged without just cause may be

the subject of a grievance and dealt with as hereinafter provided;

(c) determine in the interest of efficient operation and high standards of service,

the hours-of-work, work assignments, methods of doing the work, and the

working establishment of the service, judge the qualifications of employees,

determine and evaluate the content and function of aU jobs and

classifications, revise work assigmnents at any time;

(d) determine the nature and kind of business conducted by the Employer, the

kinds and locations of operations, equipment and materials to be used, the

methods and techniques ofwork, the number ofcrnploycc·s to be employed,

the extension, limitation, curtailment or cessation of operations or any part

thereof~ and to detcrrn inc and exercise all other flmctions and prcrog;1tives

which shnll remain solely with the limployer except as specitically limited

by the express provisions of this Agreement;

NITCC 638 - J & 3 Concorde Place (2()J7 .. 20/I))

3.02

(e) make, enforce, and alter from time-to-time rules and regulations to be

observed by the employees which are not inconsistent with the provisions

of this Agreement.

It is agreed that persons engaged on a temporary basis, either through an agent, to

replace employees absent due to vacation, illness/disability, or any other absence during which the

Employer determines an outside replacement to be necessary will not be covered under the terms

of this Collective Agreement.

3.03 The Employer agrees that it will not exercise its functions in a manner inconsistent

with the provisions of this Agreement.

ARTICLE 4 · UNION SECURITY

4.01 The Employer shall deduct an amount equivalent to regular monthly Union dues

for the term of this Agreement, according to the following conditions:

4.02

(a) all employees covered by this Agreement shall, as a condition of

employment, have deducted from their pay due an amount equivalent to the

regular monthly Union dues.

(b) the amounts so deducted shall be remitted to the Secretary/Treasurer ofthe

Union no later than the fifteenth ( 151h) day ofihe month following the month

in which such deductions were made.

Regular monthly Union dues referred to in this article shall mean the regular

monthly Union dues uniformly assessed all members of the Union in accordance with its

constitution and by-laws as certified to the Employer in writing by the Union.

4.03 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.

MTCC 638 ... I & 3 Concorde !'lace (2017-2019)

4.04 In consideration of the deducting and forwarding of Union dues by the Employer,

the Union agrees to indcmni fy and save the Employer harmless in respect of all suits, actions or

causes of al:tion which may arise in respect of the operation of this A1ticle.

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

5.01 (a) During the term of this Agreement, it is understood that the Union will not cause,

permit or authorize its members or employees covered by this Collective

Agreement to strike, slow-down, or engage in any work-stoppage or picketing

which will interfere in any way with the Employer's operations.

5.02

(b) During the term of this Agreement, it is understood that no employee covered by

the tenns of this Agreement shall strike, sit-down, slow-down or engage in any

work-stoppage, picketing or collective activity which will interfere in any way with

the Employer's operations.

During the term of this Collective Agreement, it is lmderstood that no Union Officer

or Representative shall authorize, encourage, induce, participate in or assist in any such strike, sit

down, slowdown, work-stoppage, picketing, or collective activity which will interfere in any way

with the Employer's operations.

5.03 During the term of this Agreement, it is understood that the Union or any of its

Officers or Representatives will not cause, permit or authorize members or any employee in the

bargaining unit to refuse to cross any picket line, lawfully constituted or otherwise, at the site of

any Employer whatsoever, including the Employer herein.

5.04 During the term of this Agreement, it is understood that no employee covered by

the tcnns o('this Agreement sh<J11 refuse to cross any picket line, lawfully constituted or otherwise

at the site of the .Employer.

5.05 Any emp.loyce who ceases work or engages in any activity outlined in Paragraphs

5.01 to 5.04 may be discharged or otherwise disciplined by the Employer.

MTCC 638- 1 t~ 3 Concorde Place (201 7-2019}

5.06 The Employer agrees that it shall not lock-out employees during the term of this

Collective Agreement.

ARTICLE 6 - UNION REPRESENTATION

6.01 The Employer agrees to recognize one (1) employee who has completed his

probationary period as a Steward for the purpose of representing employees in the bargaining unit.

6.02 Such Steward shall be appointed by the Union from amongst employees in the

bargaining unit and, once appointed, the Union shall be required to notify the Employer of the

name of the Steward in writing.

6.03 The Union acknowledges and agrees that the Steward has regular duties to perform

in connection with his employment. Union business shall under no circumstances be conducted

during regular working hours.

6.04 Union business, including meetings with the Business Representative of the Union,

shall not take place on the premises of the Employer (except in the case of resident employees)

without the consent of the Employer. The Business Representative of the Union shall only have

access to the premises of the Employer when an appointment has been made with the Employer

and under no circumstances shall such visit interfere with the progress of work performed by

members ofthe bargaining unit.

ARTICLE 7 - NO ODISCRIMINATION

7.01 The parties agree that there will be no intimidation, discrimination, interference,

restraint or coercion exercised or practised by either of them or their representatives or members,

because of an employee's membership or non-membership in the Union or because of his activity

or lack of activity in the Union.

7.02 It is further agreed that there shall be no soLicitation of members, collection of dues,

or other Union activity on the premises of the Employer except as permitted by this Agreement or

specifically authorized by the Employer in writing.

M'l"CC 638 ··- 1 & 3 Concorde Place (2017-2019)

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 For purposes of this Agreement, a grievance is defined as a dilTerence arising

between the pmiies relating to the interpretation, application, administration or alleged violation

of this Agreement, including any question as to whether a matter is arbitrable.

8.02 It is the mutual desire of the parties hereto that complaints of employees shall be

adjusted as quickly as possible, and it is understood that an employee has no grievance until he has

first given the Employer the opportunity of adjusting his complaint. If an employee has a

complaint, such complaint shall be discussed with the Employer within three (3) working-days

after the circumstances giving rise to the complaint have originated or occurred. If the Employer

is unable to adjust the complaint to their mutual satisfaction within three (3) working-days the

employee may proceed with the Grievance Procedure within three (3) working-days following the

decision of the Employer.

8.03 A grievance of an employee properly arising under this Agreement shall be adjusted

and settled as follows:

Step No. 1

St ·p Nu. 2

The employee must submit a written grievance, signed and dated by the employee,

to the Employer. The nature of the grievance, the remedy sought, and the section

or sections of the Agreement which are alleged to have been violated shall be set

out in the grievance. The Employer will deliver its decision in writing within three

(3) working-days after receipt of the grievance in writing. Failing settlement, the

next step of the Grievance Procedure may be taken.

Within three (3) working-days following the decision under Step No. l, the

employee must submit the written grievance to the Property Tvlanager (or his

designate). Within three (3) working-days of the receipt of the grievance by the

Employer (or the Union in the case of a policy grievance), a meeting shall be held

to discuss the grievance. The gricvor must be present at this meeting. A decision

in writing shall be delivered by the party receiving the grievance within three (3)

working-clays after the meeting at which the grievance was discussed. Failing

settlement, either party may submit the matter to arbitration within five (5)

AHCC 638 - · 1 & 3 Concorde Place (2017-20/9) !'age 6

8.04

8.05

(a)

working~days after the reply at Step No. 2 is given. If no written request for

arbitration is received within such five (5) working-day period, the grievance shall

be deemed to have been abandoned.

Policv (;dcvancc

A grievance arising directly between the Employer and the Union concerning the

interpretation, application or alleged violation of the Agreement must be originated

under Step No. 2 within three (3) working-days of the event giving rise to the

grievance. Failing settlement under Step No. 2 within three (3) working-days, it

may be submitted to arbitration in accordance with Article 9. However, it is

expressly understood that the provisions of this paragraph may not be used by the

Union to institute a complaint or grievance directly affecting an employee which

such employee could himself institute and the regular Grievance Procedure shall

not be thereby bypassed. A policy grievance cannot result in a compensatory

remedy except a violation of Article 4 or 5.

I) isch a rge G l"icv :H1 ce

A grievance involving the discharge of an employee who has successfully

completed his probationary period must be reduced to writing and originated under

Step No. 2 within three (3) working-days of the employee being notified of his

discharge. Notwithstanding anything in this Agreement, a probationary employee

may be disciplined or discharged at the sole discretion of and for any reason

satisfactory to the Employer and the parties agree that such action shall not be

subject to the Grievance and Arbitration Procedures and does not constitute a

difference between the parties.

(b) Notwithstanding anything else in this Collective Agreement the following actions

sha 11 constitute just cause j()r immediate dismissal. It is agreed that whether or not

the act occurred is subject to the Grievance and Arbitration Procedures. However,

if an Arbi lrator finds that the act oceurrcd, the Arbitrator has no jurisdiction to

substitute a lesser penalty for the penalty of discharge as the parties agree that the

pt:nalty docs not constitute a ''difference" pursurmt to the {t1ho11r Ut•la ticw ·kl:

M!'CC 638- I & 3 Con cor de !'lace (20 17-20 19)

(i) sexual or physical harassment of any tenant/unit owner

8.06 No adjustment effected under the Grievance or Arbitration Procedure shall be made

retroactive prior to the date that the grievance was fonnally presented to the Employer, or, if

applicable, the date of alleged violation providing that it does not exceed the time limits set out in

Article 8.02

8.07 All agreements reached under the Grievance Procedures between the

representatives of the Employer and the Representative of the Union shall be final and binding

upon the Employer and the Union and the employee or employees involved.

8.08 No Union Representative or Steward may solicit grievances from employees during

the course of their normal duties.

8.09 Working-days for the purpose of the Grievance Procedure shall not include

Saturdays, Sundays or Statutory Holidays.

ARTICLE 9- ARBITRATION

9.01 If the Employer or the Union requests that a grievance be submitted to arbitration,

as hereinbefore provided, it shall make such request in writing addressed to the other party to this

Agreement and at the same time name a nominee. Within five (5) calendar days thereafter, the

other patty shall name a nominee provided, however, that if such patty fails to name a nominee as

herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shal1

have power to dTect such appointment upon application thereto by the party invoking the

Arbitration Procedure. The two (2) nominees shall attempt to select by agreement a Chairman of

the Arbitration Board. If they are unable to agree upon such a Chairman within a period of fourteen

(14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of

the Province of Ontario to appoint a Chainnan. If the parties mutually agree, a sole Arbitrator may

be substituted for a Board of Arbitration.

9.02 No person may be appointed as an Arbitrator who has been involved in an attempt

to negotiate or settle the grievance.

MTCC 638- J & 3 Concorde Place (2017-2019) Pane 8 "'

9.03 No matter may be submitted to arbitration which has not been properly carried

through all requisite steps of the Grievance Procedure.

9.04 The Board of Arbitration shall not have any power to amend, alter, modify or add

to any of the provisions of this Agreement or to substitute any new provision for any existing

provision, nor to render any decision inconsistent with the terms and provisions of this Agreement.

9.05 The Board of Arbitration shall not have power to substitute its judgement for that

of the Employer on any issue involving the exercise of discretion by the Employer under the terms

of the Agreement.

9.06 The proceedings of the Arbitration Board will be expedited by the parties hereto

and the decision of the majority, and where there is no majority, the decision ofthe Chairman will

be final and binding upon the parties hereto and the employee or employees concerned.

9.07 Each of the parties hereto will bear the expense of the nominee appointed by it and

the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration

Board.

9.08 The time limits set out in both the Grievance and Arbitration Procedures herein are

mandatory and the failure to comply strictly with such time limits except by the written agreement

ofthe parties shall result in:

(a) If the grievance has not been processed by tbe Employer within the prescribed time

limit, the grievance may be advanced to the next step by the grievor within the time

limit as prescribed;

(b) if the grievance has no l been processed by the gricvor (or in the case o C a policy

grievance by the Union) in accorclance with all of the time limits prescribed, the

grievance shall be deemed to have been settled and/or abandoned. Section 44(6) of

the L!.!!'.efl[_f(efr!!l!!L'.:~-'~t~J does not apply to this Agreement.

MTC'C 638-- I & 3 Concorde Place (2017-2019)

ARTICLE 10 - SENIORITY

10.01 New employees shall serve a probationary pe1iod of ninety (90) calendar days

before acquiring seniority rights, which shall then date back to their respective date of starting to

work with the Employer. Retention by the Employer of an employee shall be entirely and solely

within the discretion of the Employer. The above-noted probationary period may be extended by

agreement of the Union, the employee and the Employer. If the Employer decides to terminate an

employee at any time during the employee's probationary period or any extension thereof for any

reason whatsoever, such action by the Employer shall not be subject to the Grievance or Arbitration

Procedures and does not constitute a difference between the parties.

10.02 Upon successful completion of such probationary period, the employee's name will

be placed on the seniority list and credit shall be given for the number of days of work actually

completed by the employee with the Employer since the date of last hire.

I 0.03 In January of each year, the Employer shall prepare and post a seniority list of all

bargaining unit employees showing the employees' seniority according to the records of the

Employer. Seniority as posted shall be deemed to be final and not subject to complaint unless such

complaint is made in writing within ten (1 0) calendar days from the current date of posting, or in

the event the employee is on vacation at the time of posting, within ten (1 0) calendar days from

his return from vacation.

10.04 Loss nf Seniority and Ji:mploymcnt nights

An employee shall lose all service and seniority and shall be deemed to have been

terminated if he:

(a) quits, resigns, or is discharged;

(b) has been laid-off for three (3) calendar months or the employee's lengtJ1 of

seniority, whichever is shorter;

(c) is absent due to disability or illness (including W.C.B.) for a period of six

(6) calendar months or the employee's length of seniority, whichever is

shorter;

AnCC 638 --· I & 3 Concorde Place (2017--20/9)

(d) is absent from scheduled work for two (2) or more consecutive work-days

without obtaining written advance approval from the Employer;

(e) fails to return to work upon the expiration of a leave of absence, or utilizes

a leave of absence for a purpose other than that for which it was granted;

(f) when recalling an employee after lay-off, he shall be notified by registered

mail and any other reasonable method, and allowed seventy-two (72) hours

to report for work, and in the meantime, if an employee is recalled and is

not immediately available for work, other employees in seniority standing

shall be recalled but shall be temporarily employed until the senior

employee reports within the seventy-two (72) hour period as outlined. An

employee to whom a registered letter is sent in accordance with this Article

must contact the Property Manager within seventy-two (72) hours of the

notice of return to work if he wishes the Employer to hold the job open for

him for the full seventy-two (72) hour period. It shall be the employee's

responsibility to keep the Employer notified as to any change of his address

or telephone number so that they will be up to date at all times.

ARTTCLR 11 - STATUT{ RYHOLIDAYS

** Article 11.01 will only apply to Resident Superintendents and will not apply

to all other employees who shall be governed by Articles 11.02 through 11.1 0. Articles 11.02

through 11.10 shall not apply to Resident Superintendents.

11.01 (Resident Supcrin t •ntlcuts un lv) - Additional days-off on each of the following

days:

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day Civic Holiday

-MTCC 638 .. I & 3 Concorde Place (2017-2019)

Labour Day

'I'hanksgiving Day

Christmas Day Boxing Day

2 }.'Joater Days

The Resident Superintendent shall be granted, at the Employer's option, either:

(a) the day-off with no change in salary and no additional monies paid;

or

(b) if the Resident Superintendent is required to work by the Employer on one

(1) of the above-noted days, the Resident Superintendent shall receive time

off equal to the time required on the Statutory Holiday within thirty (30)

days of the holiday with no change in salary and no additional monies paid.

11.02 An employee who has completed his probationary period and otherwise qualifies

under Article 11.05 hereunder shall receive the following paid holidays:

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

2 Floater Days

11.03 Should the Employer be required to observe additional paid holidays as a result of

legislation, it is understood that one ( 1) of the existing holidays recognized by the Employer shall

be established as the legislated holidays after discussion with the Union, so that the Employer's

obligations to provide for ( 12) paid holidays remains unchanged.

11.04 Holiday pay is ddined as the amount of regular, straight-time hourly pay [eight (8)

hours] exclusive of premiums, which an employee would have received had he worked a normal

shift. on the holiday in question.

11.05 In order to qualify for pay for a holiday (holiday pay), an employee shall complete

3 full scheduled shift on each of his working-days immediately prcccd.ing and immediately

following the holiday concerned unless the employee was ahsent due to:

MTCC 638 -I & 3 C'oncorde !'lace (2017-2019)

(a) verified illness or accident which commenced in the fi vc (5) calendar day

period prior to the holiday;

(b) vacation granted by the Employer;

(c) the employee's regular scheduled day-off.

11.06 An employee entitled to holiday pay hereunder shall not receive sick leave pay to

which he may otherwise have been entitled.

11.07 An employee who is required to work on any of the above-named holidays and who

actually works, shall receive one and one-half (1 Y2) times his regular straight-time hourly pay times

the number of hours actually worked. In addition, if such employee also qualifies for holiday pay

under the provisions of this Article, the employee shall receive at the option of the Employer,

either:

(a) holiday pay as defined hereunder;

or

(b) another working-day substituted for the holiday by the Employer within

thirty (30) calendar days after the holiday or such other time as the

Employer and employee may mutually agree upon. Failing such mutual

agreement, the substitute day will be scheduled by the Employer.

11.08 An employee who is scheduled to work on a paid holiday and who fails to do so

shall lose his entitlement to holiday pay unless the employee provides a reason for such absence

which in the opinion of the Employer is legitimate.

11.09 If a paid holiday(s) falls during an employee's vacation, his vacation shall be

extended accordingly, provided the employee qualiJies for the holiday pay.

11 .10 Jf a paid holiday falls during an employee's regular day- off, another day-off shall

be scheduled by the Employer provided the employee qualities for tbc holiday pay.

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ARTICLE 12 - HOlJRS-OF-\VORK AND OVERTIME FOR HOURLY-RATED EMPLOYEES

12.01 The Employer does not guarantee any hours per day or days nfwork per week with

respect to any employee covered by this Agreement.

12.02 The nom1al hours-of-work for hourly cleaning staff shall be fot1y-three and one

qum1er ( 43YI) hours per week inclusive of a one-half ('l'2) hour paid meal period, and inclusive of

paid breaks.

12.03 Work schedules shall be detennined exclusively by the Employer including

designation of days-off, and the scheduling of lunch periods and break periods.

12.04 Hourly employees shall be entitled to one (1) paid fifteen (15) minute break period

during each one-half ('l'2) shift.

12.05 Overtime shall be paid at the rate of one and one-half (1 1;2) times the employee's

regular straight-time hourly rate and shall be paid for all hours worked in excess of forty-four (44)

hours per week. Hours worked up to forty-four (44) hours per week shall be at the employee's

regular straight-time hourly rate.

12.06 It is understood that overtime must be authorized by the Employer before overtime

rates become effective. It is also agreed and understood that overtime when required by the

Employer is mandatory.

12.07 An overtime prcmmm will not be duplicated nor pyramided nor shall other

premiums pursuant to this Agreement be duplicated nor pyramided nor shall the same hours

worked be counted as part of the normal work-week and also as hours for which the overtime

premium is paid.

12.0R ( ';rll-Bat·l, l'av:

An employee called-back to work after leaving the premises (or in the case of a

resident cleaner alter completing his normal shift) who reports to work outside his normal

MTCC 638-- I & 3 Concorde Place (2017-2019)

hourly rate, no m<~tter what period of time is actu<11ly worked, no less than the equivalent of two

(2) hours pay at time and one-half (J ~'2) his regular straight-time hourly rate.

For purposes of clarity, this paragraph shall not apply to employees who are

scheduled to work before the commencement of their nonnal shift. Any calls that occur during

the normal guarantee period will be covered by the minimum guarantee.

ARTICLE 13 - HOURS-OF-WORK AND OVERTIME FOR SALARIED EMPLOYEES (RESIDENT SUPERINTENDENTS)

13.01 The Employer does not guarantee any hours per day or days of work per week with

respect to any employee covered by this Agreement.

13.02 The normal hours-of-work for Resident Superintendents shall be forty (40) hours

per week and eight (8) hours per day exclusive of a one-half (~) hour unpaid meal period.

Additional hours may be required from time-to-time but the Employer shall endeavom to keep

such requests to a minimum.

If a Resident Superintendent is called-in to work during his scheduled days-off, he

shall receive pay at one and one-half times (I~) his daily average pay or time-off in lieu of

payment, at the option of the Employer.

13.03 Work schedules shall be determined exclusively by the Employer including

designation of days-off, and the scheduling of lunch periods and break periods.

13.04 Resident Superintendents shall be entitled to one (1) paid fifteen (15) minute break

period during each one-half('/:.~.) shift.

13.05

(a)

('all-Bad\ l'av:

As part of their norrncll duties, Superintendents will be reqnired to make themsc.lves

available and be on-call l'lx evening duties. Such on-call duty shall be scheduled

on an alternating basis by the Employer. Superintendents must be able to be

contacted during this on-call period, and he available to nssume whatever on-site

duties may be necessary within fifteen (15) minutes of the call .

(b) If a Superintendent who is not on-call on a particular evening but is called into

work, the Employer agrees to pay the Superintendent a flat rate of one hundred

dollars ($125 .00) per evening.

(c) In the event that a Superintendent who is scheduled to be on-call is unable to fulfil

on-call duties due to illness or vacation, the other Superintendent will assume the

on-call duties and the schedule will be adjusted accordingly to ensure that each

Superintendent assumes an equal number of on-call evening duties and weekend

duties. Such equalization will not trigger Paragraph (b).

ARTICLE 14 - VACATION PAY

[One (I) VACATION WEEK is equal to one (I) calendar week.]

I4.0I Hourlv-R.at d Emulovccs :

(a) Employees who have completed less than one (I) year of continuous service as of

May 3I st shall be entitled to an annual vacation of .833 days for each completed

month of service to a maximum of nine (9) working-days and shall be paid four

percent (4%) of their earnings since their date of hire.

(b) An employee with one (1) or more years of continuous service as of May 31 51 shall

be entitled to an annual vacation of two (2) weeks and shall be paid four percent

(4%) of their earnings during the twelve (12) month period preceding May 3I 51 of

each year.

(c) An employee with five (5) or more years of continuous service as of May 3 P 1

shall be entitled to an annual vacation of three (3) weeks and shall be paid six

percent (6%) of their earnings during the twelve (12) month period preceding

May 31st of each year.

(d) An employee with ten (1 0) or more years of continuous service as of May 3 P',

shall be entitled to an annual vacation of four (4) weeks, and shall be paid eight

(WY()) percent of their earnings during the twelve (12) monlh period preceding

May 31st of each year.

A4TCC 638-- I ell- 3 Concorde Place (2017-2019)

(e) An employee with twenty (20) or more years of service as ofMay 3P', shall

be entitled to an annual vacation of five (5) weeks, and shall be paid ten

percent (l 0%) of their earnings during the twelve (12) month petiod

preceding May 31st of each year.

(f) Vacation pay shall be determined on the basis of the employee's gross

earnings during the vacation year excluding the previous year's vacation

pay, calculated as of the pay period immediately preceding May 31st, and

paid to the employee at that time.

14.02 Salaried Employees- Resident Superintendents:

(a) Employees who have completed less than one (1) year of continuous service

as of May 3 P1 shall be entitled to an annual vacation of .833 days for each

completed month of service to a maximmn of nine (9) working-days.

(b) An employee with one (1) or more years of continuous service as of May

31 51 shall be entitled to an annual vacation of two (2) weeks.

(c) An employee with five (5) or more years of continuous service as of May

31 51 shall be entitled to an annual vacation of three (3) weeks.

(d) An employee with ten (10) or more years of continuous service as of May

31 5', shall be entitled to an annual vacation of four (4) weeks with pay.

(e) An employee with twenty (20) or more years of continuous service as of

May 31 5', shall be entitled to an annual vacation of five (5) weeks with pay.

(f) Vacation pay shall be an amount equivalent to the employee's salary

continuation during the period of absence on vacation.

14.03 Vacation shall not be cumulative from year-to-year.

A4TCC 638 1 & 3 Concorde 1'/ace (2017-2019)

14.04 The scheduling of vacation periods for all employees shall be mutually agreed

between the employee and the Employer. Should the parties be unable to mutually agree upon the

time, the decision will be that of the Employer. Should there be a dispute between two (2)

employees for the same time period off, seniority shall govern.

14.05 The vacation year shall be June P1 to May 3 P1 of each year and vacation pay for

hourly-paid employees shall be paid on the last pay date in May.

ARTICLE 15 - HEALTH AND WELFARE

15.01 The Employer agrees to contribute for those employees who have completed

probation, in the employ of the Employer the amounts set out below (plus applicable taxes) for

each employee, into Labourers' Local 183 Industrial Benefit Fund, jointly administered by an

equal number of Employer and Union Tmstees, for the purpose of purchasing life insurance,

major medical, dependent life, short term disability, dental plan or similar benefits for the employees

covered by this Agreement, represented by LIUNA Local 183.

Effective January 1, 2017 Effective January 1, 2018 Effective January 1, 2019 $250.00 $250.00 $260.00

15.02 Pension:

The Employer shall contribute the amounts set out below ,per employee per

hour to the Labourers' Pension Fund of Central and Eastern Canada. This is to be a flat

contribution of one hundred and fifty (150) hours per employee per month.

Effective January 1, 2017 Effective January 1, 2108 Effective January 1, 2019

$1.45 $1.55 $1.65

15.03 Retirement Fund:

The Employer agrees to contribute five cents ($0.05) per hour for each employee

covered by this Agreement and remi l into the locall83 Retiree Benefit Trust Fund for the

purpose of purchasing benefits as conlemplated by the Agreement and Trust establishing the

said Retiree Benefit Fund as follows:

MTCC 638-1 & 3 Concorde Place (2017-2019)

The Employer shall remit the contributions to lhe Retiree Benefit Fund

monthly, together with a duly completed Employer's Report Form by the Jifteenlh (15 1") day

of the month following the month for which the payment is due. After successful completion

of the probation period.

15.04 The Employer shall remit the contributions referred to in Article 15.01, 15.02

and 15.03 not later than the fifteenth (15th) day of the month following the month for which

the contributions were made. (October 15th remittance which is the September work-month,

pro vi des November 1 st, benefit coverage.)

15.05 The amounts payable pursuant to Articles 15.01, 15.02 and 15.03 shall

not exceed $35,640.00 fortheyear of2017, $36,720.00 for the year of2018 and $38,577.60

for the year of 2019, per during the term of this Collective Agreement, provided that if the

employer increases the number of its employees beyond the cun·ent number of six the

maxima above will increase pro rata.

ARTICLE 16 · SICK LEAVE

16.01 Employees shall be entitled to income protection for legitimate, verifiable illness

on the following basis:

(a) employees will only be entitled to income protection under this Article who

have successfully completed their probationary period;

(b) no pay shall be received under this Article for employees eligible for

Workers' Compensation benefits;

(c) benefits will commence on the first day if the disability (absence) is due to

accident (excluding W.C.B.) and on the third day if the absence is due to

sickness;

(d) income protection received shall amount to seventy percent (701X,) (less

withholding income tax) of the employee's average weekly wages;

(c) income protection shall be recei vcd commencing as stated above and

MTCC 638 I & 3 Concorde Place (2017-2019) P<Jgc 19

continuing to the tenth (I O'h) working-day to "until Government E.I.

comes into effect". Benefits provided by the .Employment Insurance

Commission, .if applicable, will apply thereafter;

(f) any absence due to illness or disability, whether or not covered by the

provisions of this Article, any, at the Employer's sole discretion, require

verification by a medical certificate that in the opinion of the Employer is

satisfactory as a prerequisite to the receipt of benefits under this Article.

16.02 In order to qualify for income protection as outlined above, employees must notify

the Employer, or designated representative of the Employer, at least two (2) hours prior to the start

of their shift.

16.03 No payments will be made for a disability resulting from pregnancy or any related

illness during the period commencing ten (10) weeks prior to the expected week of confinement

and ending six ( 6) weeks after the week of confinement.

ARTICLE 17 - JURY DUTY

17.01 An employee who has successfully completed the probationary period and who is

required, and reports for jury duty in any court of law, shall not lose pay at his regular straight

time hourly rate, for all regularly scheduled hours which the employee would otherwise have

worked because of such attendance provided that the employee:

(a) informs the Employer immediately upon being notified that the employee

will be required to attend court;

(b) presents proof of service requiring the employee's attendance;

(c) deposits with the Employer the full arnoullt of compensation received for

such jury duty, excluding mileage, travelling and meal allowances and an

official receipt thereof; and

(d) notwithstanding the above provJsJons, 111 order to qualify for payment

MTCC 638 · I & 3 Concorde Place (2017-2019)

hereunder, the employee will report to the Employer for work during those

regular hours of work or assignment that he is not required to attend cou1t.

ARTICLE 18 - BEREAVEM.EN'I' LEAVE

18.01 (a) Bereavement leave of five (5) days with pay will be granted by the Employer upon

the death of a parent, spouse, child, brother, sister or grandparent. Bereavement

leave of three (3) days with pay will be granted by the Employer upon the death of

a mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son

in-law, aunt, uncle, niece, and nephew. The Employer may request acceptable

proof to substantiate the employee's claim.

ARTICLE 19 - PERSONAL LEAVE OF ABSENCE

19.01 Upon application from an employee, the Employer may grant an unpaid leave of

absence for legitimate personal reasons. Such leave shall be considered on the following basis:

(a) The employee must have completed the probationary period successfully;

(b) The application must be received one (1) month in advance;

(c) The application must state the purpose ofthe leave and the duration, which

shall not exceed one (I) month;

(d) The Employer may determine in its sole discretion whether or not such

leave can be accommodated given the needs ofthe Corporation.

ARTICLE 20 - WAGES

20.01 for the purpose of caleulating any benefit under this Agreement to which an

employee is entitled, the regular straight- time rate-of-pay is that prescribed in Schedule "A" -

Wage Rates, of this Collective Agreement.

ARTICLE 21 - lJNIFORMS

-M1CC 638 ·- 1 & 3 Concorde Place (2017-2019)

21.01 The Employer shall continue its present practice (in effect as at the date of signing

this Collective Agreement) of providing uniforms provided that unifonns are required by the

Employer.

21.02 It is the responsibility of the employee to maintain the uniforms in good condition

and to return any uniforms in his possession on the last day of employment.

ARTICLE 22 - JOB POSTING

22.01 A determination ofthe existence of a vacancy shall be in the sole discretion ofthe

Employer.

22.02 When the Employer determines that a vacancy exists, a notice shall be posted in

the workplace for five (5) calendar days.

22.03 Nothing herein prevents the Employer from considering applicants from outside of

the bargaining unit if bargaining unit employees are not qualified for the vacancy as per Article

22.04.

22.04 In assessing the applicants, the Employer shall consider the following factors:

(a) skill, ability, experience, qualifications, suitability, competence, education and efficiency;

(b) seniority (if applicable) with the Employer.

When, in the sole judgement ofthe Employer, the factors in (a) are relatively equal,

seniority (if any) shall govem. It is understood and agreed that the Employer shall be the sole

judge of the overall requirements for the position and the sole judge of assessing the applicants as

per (a) above.

22.05 An employee selected as a result of a posted vacancy need not be considered for a

fu1iber permanent vacancy for a period of up to six (6) months from the date of his selection.

22.06 In the event that the vacancy referred to above IS filled by a member of the

--

MTCC 638 ~I & 3 Concorde Place (20/7-2019)

bargaining unit, the vacancy resulting from the transfer of the successful applicant shall not be

subject to the posting requirement.

ARTICLE 23 - LAY-OFF AND RECALL

23.02 When the Employer decides that a lay-off is necessary, or following a lay-off that

a re-call is warranted, the following factors should be considered:

(a) skill, ability, experience, qualifications, suitability, competence and efficiency;

(b) seniority.

When, in the sole judgement of the Employer, the factors in (a) are relatively equal,

seniority shall govern. It is understood and agreed that a claim of an improper lay-off or recall

may be grieved.

ARTICLE 24 - DURATION OF AGREEMENT

24.01 This Agreement shall remain in effect to and including December 31, 2019, and

shall automatically be renewed from year-to-year thereafter unless either party notifies the other

party in writing of its desire to amend or terminate this Collective Agreement. Such notice shall

be sent to the other party within ninety (90) days of the termination date of this Collective

Agreement noted herein.

DATED at Toronto, Ontario, this 611! day of March, 2017.

FOR THE EMPLOYER FOR THE UNION (MTCC#638

-MTCC 638- I & 3 Concorde Place (2017-2019)

SCHEDULE "A"

WAGES

A. Su pcrin tcndcn ts

A.O 1 Resident Superintendents shall receive as part remuneration for the position of

Resident Superintendent an apartment, basic telephone service and one (1) parking space (subject

to the provisions of the Jn cvnw 1'n. -Acl, as it relates to taxable benefits).

A.02 The existing Resident Superintendents shall be paid as follows during the terms of

this Collective Agreement:

January 1,2017

January 1, 2018

January 1, 2019

Yearly Salary

$51,350.25

$52,384.46

$53,439.35

A.03 Any new Resident Superintendents that may be hired after the date of ratification

shall be paid as follows:

Effective

Jarwary I, 2017

January J, 2018

.January 1,2019

* N .. B.

Start Rate

$36,665.26

$37,405.77

$38, I 61.08

12 Month Rate

$38.045.85

$38,813.97

$39,597.44

Employee(s) wilh three (3) or more years of continuous service shall

receive the same rate-of-pay/salary as the senior employee, employed in the same

classification.

MTCC 638 .... 1 & 3 Concorde Place (20 I 7-20 19)

As a result of the increase in taxable benefit, should the Superintendents net take

home pay decrease, both the Employer and the Union will agree to review the

matter.

A.04 In the event the Corporation decides to hire a "Non-Resident" Superintendent, the

Employer shall determine the rate-of-pay for such new classification and notify the Union of the

same. The Union shall have ten (10) calendar days to fotmally protest such rate-of-pay. If no

fom1al protest is lodged in writing within ten (1 0) calendar days of the date the original notice was

received by the Union by registered mail, a new classification shall be deemed to be a modification

of Schedule "A". In the event a fonnal protest is made by the Union, the party shall arrange for a

meeting for the purpose of endeavouring to resolve any difference within ten (1 0) calendar days

of receipt by registered mail by the Employer of the Union's protest. If the differences between

the pruiies are not resolved, the Union shall have the right to refer the matter to arbitration within

ten ( 1 0) calendar days of such meeting.

MTCC 638 · 1 & 3 Concorrle Place (20 17-2019)

B. Cleaners I lourlv R:1tc-of-Pav

B.O 1 The existing Cleaners shall be paid as follows during the term of this Collective

Agreement:

January 1, 20 l 7 $15.94

January 1,2018 $16.26

January 1,2019 $16.58

B.02 Any new cleaners hired following ratification, shall be paid on the following scale:

*

Effective Date

January 1,2017

January 1,2018

January 1,2019

Start Rate

$15.13

$15.43

$15.74

1 Year Rate

$15.45

$15.77

$16.08

N.D. Employee(s) with three (3) or more years of continuous service shall receive the same rate-of-pay/salary as the senior employee, employed in the same classification.

··---- -- - -==- ..,.,·===~~-~~~ ..... ·~-=-~~---MTCC 638 ·-·· J & 3 Concorde Place (2017-2019)

C.

January 1, 2017

January 1, 2018

January 1, 2019

SCHEDULE "C'

$16.28

$16.61

$16.94

J""ETTER OF UNDERSTANDING

BETWEEN:

METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 638

- and -

LIUNA LOCAL 183

It is agreed that all parties concerned that the taxable benefit for the Superintendent living accommodation is as follows:

1 Concorde Place DON MILLS, Ontario

Yearly fair market value X 70% = yearly taxable benefit

January 1,2017 $15,885.88 x 70% = $11,120.12

January 1,2018 $16,203.59 x 70% = $1 1,342.51

January 1,2019 $16,527.66 x 70% = $11,569.36

3 Concorde Place DON MILLS, Ontario

Yearly fair market value X 70% == yearly taxable benefit:

January 1,2017 $8,607.68 X 70%

January I, 2018 $8,779.S4 X 70%

January 1, 2019 $S,955.t.13 » 70%

MHX 638- I ,\l- 3 Concorde Place (2017-2019)

$6,025.38

$6,145.89

$6,26H.81

DATED at NORTH YORK, Ontario, this 6 11'" day of \1 ~ ,2017.

FOR THE CORPORATION (MTCC #638)

~~

MTCC 638- 1 & 3 Concorde Place (2017-2019)

FOR THE UNION

COLLECTIVE AGREEMENT BETWEEN: METROPOLITAN TORONTO … Estate... · 2017-06-09 · COLLECTIVE...

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