COLLECTIVE AGREEMENT

BETWEEN:

ION FACILITY SERVICES INC

(UNIVERSITYOF TORONTO, VARIOUS LOCATIONS)

(hereinafter called "the Employer")

- and -

L.I.U.N.A. LOCAL 183

(hereinafter called "the Union")

ARTICLE 1 -RECOGNITION

1.01 The Employer recognizes the Union as the exclusive bargaining agent for all

employees of the Employer engaged in Carpet Cleaning and Special Services throughout the

University of Toronto in Various Locations as per Contract in Ontario . Where employees of the

Employer perform such work, save and except supervisory personnel, office and clerical staff.

ARTICLE 2- MANAGEMENT RIGHTS

2.01 The Union recognizes and acknowledges that the management of the plant and its

facilities and direction of the working forces are fixed exclusively in the Employer and without

limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of

the Employer to :

(a) maintain order, discipline and efficiency and in connection .therewith to make, alter

and enforce from time-to-time rules and regulations, policies and practices to be

observed by its employees, discipline or discharge employees for just cause provided

that a claim by an employee who has acquired seniority that he/she has been

discharged or disciplined without cause may be the subject of a grievance and dealt

with as hereinafter provided;

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2.02

(b) select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall, retire

employees or select employees for positions excluded from the bargaining unit;

(c) establish and administer tests for assisting the Employer in determining an

employee's qualifications, and require medical examinations for any justifiable

reason;

(d) determine the location of operations, and their expansion or their curtailment, the

direction of the working forces, the schedules of operations, the number of shifts;

determine the methods and processes to be employed, job content, quality and

quantity standards, the establishment of work or job classifications; change, combine

or abolish job classifications; determine the qualifications of an employee to perf01m

any particular job; the nature of tools, equipment and machinery used, to use new or

improved methods, machinery and equipment, change or discontinue existing tools,

equipment, machinery, methods or processes; decide on the number of employees

needed by the Employer at any time, the number of hours to be worked and require

employees to work overtime; the determination of financial policies, including

general accounting procedures and customer relations;

{e) have the sole and exclusive jurisdiction over all operations, buildings, machinery,

equipment and employees.

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

with the provisions of this Agreement and the express provisions of this Agreement constitute the

only limitations upon the Employer's rights.

2.03

Employer policies shall be communicated and available to the employees where

applicable.

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3.01 The Employer shall, for each pay period, deduct from the wages of each employee in

the unit affected by the Collective Agreement, the amount of regular Union dues as a condition of

employment. The Union shall notify the Employer in writing of the amount of regular Union dues to

be deducted in accordance herewith and the Employer may, for all purposes, rely upon such w1itten

noti tication as conclusive evidences that the amounts so deducted are in accordance with the Union's

constitution and by-laws. The Union shall indemnify and save the Employer hannless from any

claims, suits, judgements, attachments and from any fonn of liability as a result of making such

deductions in accordance with the written direction of the Union and the Union will refund directly

to all employees any amount for which wrongful deductions were made by the Employer in

accordance with the written notification provided by the Union.

3.02 The Employer will remit the amount so deducted from the wages of each employee to

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

deduction, together with the Social Insurance Number for each employee in respect of whom a

deduction has been made.

3.03 E mplo ee Attendance at taffMcetings

ARTJ

4.01

a) Where an employee is directed by the Employer to attend a staff meeting, in-service

or a committee meeting during his/her regular working hours, the employee shall be

compensated at his/her regular hourly rate for the time spent in such attendance

(including their lunch and/or break times).

(b) Where an employee is directed by the Employer to attend a staff meeting, in-service

or committee meeting outside ofnonnal working hours, he/she shaH be credited with

equivalent time off or his/her basic rate of pay, this is not limited to negotiations for

their renewal of their Collective Bargaining Agreement.

The Union agrees it will not discriminate against, coerce, restrain or influence any

employee because of his/her membership or non-membership, his/her activity or his/her lack of

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4.02 The Employer agrees that it shall not interfere with, restrain, coerce or discriminate

against employees in their lawful right to become and remain members of the Union and to

participate in its lawful activities.

4.03 With the employees' consent, on a form prescribed by the Union, the Employer agrees

to provide the Union upon request an updated list of employees covered by this Agreement, their

classification, employee status and updated contact information including addresses, phone numbers,

etc.

ARTI LE 5 - NO STRIKES OR LOCK-OUTS

5.01 The Employer agrees that it will not cause or direct any lock-out of its employees for

the duration of this Agreement. The Union agrees that neither it, nor its Representatives will, during

the term of this Agreement, authorize, call, cause, condone, sanction, encourage, support or take part

in any strike, work stoppage, picketing, slowdown or curtailment or restriction of production, or

interference with work in the Employer's plant or premises.

ARTICLE 6- UNION ACTIVJTY ON EMPLOYER'S PREMISES

6.01 Except as expressly permitted by this Agreement, there shall be no Union activities on

Employer's time or on Employer's property without the prior permission of the Employer.

ARTICLE 7- UNION REPRESENTATION

7.01 The Employer acknowledges the right of the Union to appoint or otherwise select one

( 1) Steward for the purposes of representing Employees in the handling of grievances.

7.02 The Union will infonn the Employer in writing of the name of the Steward and any

subsequent change in the name of such Steward. The Employer shall not be asked to recognize any

Steward until such notification from the Union has been received.

7.03 No Steward shall leave his/her work station to investigate or process a grievance

without the prior consent of a member of management which consent shall not be unreasonably

withheld .

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7.04 The Employer agrees that the Steward shall not suffer loss of pay (straight-time) for

reasonable time spent in the handling of grievances provided that such reasonable time shall not,

except in extraordinary circumstances expressly agreed to by the Employer, exceed in the aggregate

one (I) hour during any one (I) shift.

7.05 The Union Steward shall exercise the privileges herein provided in such a manner as

to promote good order and discipline and with the least possible interference with the regular duties

of their employment. All time spent away from his/her work station by the Steward shall be devoted

to the handling of particular grievance necessitating his/her absence.

7.06 The Union Business Agent will not enter any premises of the Employer without

obtaining the prior consent of the Manager, which shall not be unreasonably withheld.

7.07 No Individual Agreement

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.

7.08 Right to Have Steward Present

An employee, who is subject to disciplinary action (i.e. written reprimands,

suspension or termination) that is to be recorded within the employee's Personnel File, shall have

the right to have a Steward to represent hirnlher at such meetings. The Employer agrees that the

employee shall be notified in advance of the purpose of such meeting. It shall be the responsibility of

the Employer to contact the Steward and if one is not available the employee being disciplined may

request the presence of another co-worker at such meeting.

A Union Steward, who is subject to discipline, shall have the right to the presence of a

Union Representative or another official1y appointed Union Steward.

This provision shall not apply to those discussions that are of an operational nature

and do not involve imposition of disciplinary action.

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7.09

(a)

Harassment

All employees have the right to work in an environment free from sexual harassment.

Sexual harassment will be grounds for the imposition of discipline up to and

including dismissal pursuant to this Agreement. Where an employee alleges that

sexual harassment has occurred on the job, the employee shall have the right to

grieve under this Agreement.

(b) "Sexual harassment" means any unwelcome sexual advances, remarks or demands

for sexual favors of an unwelcome or physical nature, insulting or offensive

comments or conduct of a sexual nature.

ART ICLE 8 - GRIEVANCE PROCEDURE

8.01 Should any dispute arise between the Employer and an employee or between the

Employer and the Union as to the interpretation, application, administration or alleged violation of

any of the provisions of this Agreement, an earnest effort will be made to settle such differences

without undue delay in the following manner.

Step 1

The employee involved shall, within and not after three (3) working-days of the date upon

which the incident giving rise to the grievances first occurred, present the grievances to

his/her supervisor either orally or in writing.

Step 2

If the grievance is not settled within three (3) working-days of the date the matter was taken

up with the supervisor the Union may within and not after five (5) working-days of that date,

take the matter up with the Manager or his/her nominee. All grievances submitted at Step 1

shall be in writing, and shaH indicate the nature of the grievance, the Article alleged to be

violated, and the adjustment sought. The Manager or his/her nominee wil1 upon request meet

with the Union within ten {1 0) working-days of the date the written grievance is filed. The

Manager of his/her nominee will give his/her answer or decision in writing within fifteen

( 15) working-days of the date the written grievance was filed with him/her.

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Step 3

If the grievance is not settled at Step 2, the Union may within and not after ten (I 0) working­

days of the date of the answer or decision of the Manager or his/her nominee at Step 2 refer

the grievance to arbitration under Article 9. Such notice shall state the specific matter to be

dealt with at arbitration and the specific relief sought by the party.

ARTICLE 9- RBITRATION

9.0I Any properly constituted grievance concerning the interpretation, application,

administration or alleged violation of this Agreement, which has been properly processed through all

of the steps of Article 8, but has not been satisfactorily settled may be referred to arbitration, in

accordance with the Ontario Labour Relations Act.

9.02 The Official Arbitrator shall hold a hearing within ten (I 0) working days from the

date of receiving a Notice to Arbitrate.

9.03 The Arbitrator shall after be hearing all of the evidence and submissions from all

parties concerned, submit a final and binding decision in writing.

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.

9.04 The Arbitrator sha11 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.

9.05 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; nor to render any

decision inconsistent with the tenns and provisions of the Agreement.

9.06 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.

9.07 The Union and the Employer shall equally share any expenses of the Arbitrator.

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ARTICLE 10- SE IORITY

10.01 (a) An employee will be considered a probationary employee for the first ninety (90)

calendar days of his/her employment, and will have no seniority rights during this

period. After ninety (90) calendar days, his/her seniority shall date back to hire at the

location.

(b) It is understood that notwithstanding the expiration of a probationary period, nothing

herein shall prevent the Employer from discharging an employee for purposeful

falsification of records, theft or other fraudulent conduct which is hereby agreed to

constitute just and sufficient cause for discharge.

l 0.02 A seniority list of all employees covered by this Agreement shall be posted in January

of each year.

10.03 In the event of a lay-off, employees with the least seniority, shall be laid-off first,

providing that the employees who remain on the job have, the necessary skill, ability, and

qualifications to perfonn the work in question.

10.04 In the event of a recall, employees will be recalled in the reverse order that they were

laid-off provided the employee to be recalled has the necessary skill, ability and qualifications to

perfonn the work in question.

10.05 An employee will lose all seniority and his/her employment shall be deemed to be

tenninated ifhe:

(a) quits his/her employment;

(b) is discharged and not reinstated through the Grievance or Arbitration Procedures;

(c) is absent from work for a period of two (2) consecutive working-days without

notifying the Employer;

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(d) fails, upon being notified of a recall to work from lay-off: to report for work within

three (3) calendar days after such notification has been given by telephone or by

registered mail, unless approval has been received by the employee to postpone

his/her retum. Where such notification is given by registered mail, it shall be deemed

to have been received by the employee five (5) days after it is mailed. It is the

employee's responsibility to ensure that his/her home address and telephone number

are current at all times. If the employee fails to do this, the Employer will not be

responsible for failure to notify;

(e) obtains a leave of absence for one purpose and uses it for another;

(f) accepts other employment during any leave of absence granted by the Employer;

(g) is absent from work because of sickness or accident for more than twelve (12)

consecutive months or his/her length of seniority, whichever is the lesser;

(h) is laid-off for more than twelve (12) consecutive months.

ARTICLE 11 - SAFETY AND HEALTH

I I .0 I The Employer and the Union recognizes the importance of promoting safe working

conditions and the safe handling of equipment at all times. It is equally recognized to be in the best

interests of all parties to at all times comply with the statutes and regulations which pertain to the

Employer's operation.

11.02 In the event that an employee alleges the existence of any unsafe practice or unsafe

conditions, any employee concerned has an obligation to immediately report such a practice or

condition to the Employer.

11.03

(a)

Health and afctv

Employees shall report any work related accident/injury to his/her immediate

supervisor as soon as it occurs and follow through with all responsibilities outlined in

the Workplace Safety and Insurance Act. Jon Facility Services Inc. (Universities of Toronto, Ontario} 2017-2020 Page 9

(b) Employees returning from Sick leave must provide a cleared Fitness for Duty report

by a medical practitioner to ensure they are physically able to perform their duties

and maintain their safety at work.

ARTICLE 12 -JURY DUTY

12.01 An employee who has completed the probationary period and who is summoned to

serve as a juror and reports for jury duty will be paid an amount equal to the difference of the daily

jury fee paid by the court for each day on which he/she reports or performs jury duty and the amount

he/she would have received from the Employer had he/she otherwise been scheduled to work. The

amount of such difference shall be calculated on the employee's regular straight-time hourly rate to a

maximum of eight (8) hours per day.

ARTICLE 13- LE VE OF ABSENCE

13.01 The Employer may grant a leave of absence without pay to employees for personal

reasons, having due regard to the operations of the Employer, provided such request is made in

writing, reasonable notice of the request is given to the Employer whenever the circumstances permit

and the reasons for requesting the leave of absence are stated. When the Employer grants a leave of

absence, it shall be in writing, and shall set out the length of the leave of absence granted, the

purpose of it and the terms, if any, on which it is granted.

ARTICLE 14- BULLETIN BOARDS

14.0 I The Employer agrees to provide a bulletin board for the purpose of posting Union

notices and official infonnation provided such notices are signed by an authorized Union Officer or

Official and approved by the Employer.

RTICLE IS- BERE EMENT LEA E

15.01 An employee who but for the bereavement would otherwise have been at work shall

be allowed up to three (3) consecutive days leave of absence from work on any normal work-day that

occurs during the three (3) days immediately following the day of the death of members ofhis/her

immediate family in order to make arrangements for the funeral or memorial service, without loss of

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regular pay provided the employee attends the funeral or memorial service. Immediate family shall

mean father, mother, sister, brother, husband, wife, child, mother-in-law of current spouse and

father-in-law of current spouse, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grand­

parent or grandchild.

In the event, the death occurs outside Canada, the employee shall be entitled to one

( 1) day's leave of absence with pay if they do not attend the funeral.

15.02 An employee who would otherwise have been at work shall be allowed one (1) day

leave-of-absence with pay in the event of the death to attend the funeral of his/her aunt, uncle, niece

or nephew.

15.03 In addition to the foregoing, an employee shall be allowed a leave-of-absence, without

pay, to attend the funeral of a relative listed in Articles 15.01 and 15.02, ifneeded.

ARTICLE 16- PAID HOLIDAYS

16.01 The following shall be recognized as holidays to be paid for on the basis of the

employee's straight-time hourly rate specified in this Agreement (See Schedule 'A') or days

celebrated in lieu thereof, regardless ofthe day on which it falls, subject to the following conditions:

16.02 An employee wi11 be paid for a holiday provided he/she,

(a) works his/her last full scheduled shift before and his/her first full scheduled shift after

such holiday if he/she is scheduled to work, unless he/she is excused by the

Employer;

(b) is. on the active payroll of the Employer and not on a leave of absence, sick leave,

Workers' Compensation or lay-off;

16.03 If any of the above holidays fall or are observed during an employee's vacation, he/she

shall be entitled to an extra day's pay at his/her straight-time hourly rate.

r 16.04 If any employee works any of the said holidays, he/she shall be paid for all hours

worked on the holiday at one and one-half( 1 Y2) times his/her regular straight-time hourly rate-of-pay

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in addition to his/her holiday pay as herein provided for.

ARTICLE 17- HOURS-OF-WORK AND OVERTIME

17.01 The regular work-week shall consist of up to forty-four (44) hours worked.

Scheduling ofhours to continue as per present practice.

17.02 TI1e Employer does not guarantee to provide work for an employee for regularly

assigned hours or for any other hours.

17.03 Employees will be allowed a one-half(Yz) hour lunch period without pay, if they work

more than five (5) consecutive hours.

17.04 Employees will be allowed one ( 1) fifteen ( 15) minute rest period during each half

(Yz) shift.

I 7.05 Overtime

Whenever an employee works in excess of forty-four (44) hours per week, he/she

shall be paid one and one-half ( 11/z) times his/her regular straight-time hourly rate-of-pay.

ARTICLE 18- WAGES

18.01 Pa me11t of Wages

Wages shan be paid by cheque or direct deposit to each employee to the bank account

information provided by the employee and according to employer's policy.

The Employer shall provide with a statement which defines hours worked, overtime

hours, hourly rate (where applicable), deductions for Income Tax, Employment Insurance, Canada

Pension Plan, Union Dues, etc. The cheque statement shall be given to all employees in a sealed

envelope if they are not handed directly to the employee.

Wages shall be in accordance with Schedule "A".

18.02 Pav Error

Should any error occur in a pay cheque representing a short fall of more than one days

pay and which is attributable to the Employer, the Employer agrees to correct the error within two (2)

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business days, with a record of deductions, following notification of the error to the Employer.

ARTICLE J 9- JOB POSTING

19.01 When a permanent vacancy is detem1ined to exist or a new job classification is

created, the Employer will post a notice of vacancy for a period of five (5) working-days on a

bulletin board provided for this purpose. The notice shall state the classification in which the

vacancy exists, the nature of the duties, the qualifications required and the rate-of-pay. An employee

who wishes to be considered for the position so posted sha11 signify his/her desire by making written

application to the Manager.

ARTICLE 20- VACATION PAY

20.01

a)

Employees shall receive vacations with pay on the following basis:

Employees with less than one ( 1) year of service shall be entitled to one (1) day of

vacation for each month worked and shall receive Vacation Pay equal to four percent

(4%) of the employee's total wages.

b) Employees who, on June JS1 of each year, have one (1) year or more of continuous

service but less than five (5) years, shall be entitled to two (2) weeks of vacation and

shall receive Vacation Pay equal to four percent (4%) of the employee's total wages.

c) Employees who, on June P1 of each year have five (5) years but Jess than ten (10)

years of continuous service shall be entitled to three (3) weeks of vacation and shall

receive Vacation Pay equal to six percent (6%) of the employee's total wages.

d) Employees who, on June I 51 of each year have ten (I 0) years but Jess than twenty (20)

year of continuous service shall be entitled to four (4) weeks of vacation and sha11

receive Vacation Pay equal to eight percent (8%) of the employee's total wages.

e) Employees who, on June 151 of each year have twenty (20) years or more continuous

service sha11 be entitled to five (5) weeks of vacation and shall receive Vacation Pay

equal to ten percent ( 1 0%) of the employee's total wages.

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20.02 For the purpose of this Article "total wages" shall not include the Vacation Pay

received during the year in question.

20.03 Vacation Pay to be paid out on the second pay period in June of each year, by separate

cheque, to permanent staff and every pay day for temporary staff.

ARTICLE 21- REPORTING PAY

2I.O I Unless employees are notified not to report to work, employees who report for work

at their regular starting time and for whom no work is available, shall receive as a minimum, either

four (4) hours or the number ofhours they were scheduled to work, whichever is less, at the straight­

time hourly rate, or if no work is available at this time, shall receive either, four (4) hours, or the

number of hours they were scheduled to work pay at the straight-time hourly rate.

2I.02 The provisions of this paragraph shall not apply in event of strikes, power failures, or

other conditions beyond the control of the Employer which prevent the Employer from providing

work or where the Employer is unable to advise the employee not to report for work because the

employee has changed his/her address and not advised the Employer.

ARTICLE 22- PAY ON DAY OF INJURY

22.0 I Any employee injured on the job shall be paid for the balance of his/her shift on

which the injury occurred at the straight-time hourly rate if, as a result of such injury, the employee is

sent home by an officer or representative of the Employer, or the attending doctor, or is hospitalized.

RTlCLE 23- UNIFORM

23.01 The Employer will supply two (2) sets of uniforms as needed, including coats and

gloves if required for outdoor work.

23.02 The Employer shal1 reimburse employees who are required to wear safety boots up to

one hundred and twenty five dollars ($125.00) each contract year upon presentation of proper receipt.

23.03 The Employer will withhold final pay until the employee returns the Unifonns at time oftennination.

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LE 24- DISCIPLI E

24.01 Personnel File

An employee shall have the right to request that any disciplinary action including, but

not limited to, warnings and suspensions be removed from the Personnel File after twelve (12)

months has expired, provided that:

(a) No discipline is received for a period of twelve (12) months;

(b) The misconduct did not involve a violation oflaw or an issue constituting breach of

trust.

An employee or Union Representative, with the employee's written authority, shall be entitled to

view the employee's Personnel File once every twelve (12) months and access to the employees

Personnel File shall be provided within fourteen ( 14) calendar days of the request. The viewing of

such files shall take place at the Employer's Human Resources Office.

ARTI LE 25- DURATION OF AGREEMENT

25.0 I This Agreement shall be binding and remain in effect from December 11, 2017 to

December 31, 2020 and shall continue in force from year-to-year thereafter unless either party shall

furnish the other with written notice of termination or proposed revision at least one ninety (90)

days' notice to commence negotiations prior to expiry.

Dated at Toronto, Ontario this j) day of 9eC£H6t..rYL , 2017

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APPENDIX 'A'

ARTICLE 1 -WAGES, CLASSIFICATIONS AND HOURS OF WORK

1) PAID HOLIDAYS

1.01 New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Civic Holiday

** One (1) Personal Day per Calendar Contract.

Qualifier: Three (3) months of service in the bargaining unit. Floater holidays must be

requested at least one (1) week in advance and must receive management's written approval.

ARTICLE 2- EXTENDED HEALTH BENEFITS

2.01 Full-Time Health Benefits

Employer

The Employer agrees to contribute for those employees in the employ of the

Employer, who are covered by this Agreement and work thirty-seven and half

(37.5) hours or more per week (Consistent) to the Local 183 Industrial Benefit

Fund, for the purpose of purchasing Plan "E" Taxes Included, as follows:

March 1118 Jan 1119 Jan 1120 $165.00 $170.00 $175.00

Self-pay for any employee that would like to upgrade to Plan "B" the amount to pay is $102.84 taxes included (per month) and for the term of this agreement.

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 (151h) of each month. (Example: June 15 remittance [which represents the May work-month] provides July 1 benefit coverage).

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ARTICLE 3- WAGES AND ALL CLASSIFICATIONS

Carpet Cleaners and Special Services

Lean Hand

Dec 11/17

$ 16.25

$ 17.25

Jan 1/19

$ 16.75

$ 17.75

Jan. 1/20

$ 17.25

$ 18.25

Any employee being paid over and above the rates listed above shall be Red Circle

In order to qualifY for benefits an employee must be employ for a minimum of 3 Months and according to Article 2 "Appendix A" and while on probation for the first 3 month, the rate of pay would be $0.50 cents less in their respective Category.

NOTE AND FOR CLARIFICATION: It is understood that staff/members will commence enjoying their benefits two months after first contribution is received by the Insurance Company and/or Liuna Local 183 Benefit Plan Administration.

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