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COLLECTIVE AGREEMENT

Between:

TEAMSTERS LOCAL UNION 847

TEAMSTERS

And:

CANADIAN CORPS of COMMISSIONAIRES Hamilton By-Law Officers

C•J COMMISSIONAIRES TRUSTED·EVERYDAY·EVERYWHERE

January 1, 2013- December 31, 2014

Article

Article I - Purpose of Agreement

Article 2 - Scope & Recognition

Article 3 - Union Security

Article 4 -Management Rights

A1ticle 5 - Union Representation

Article 6 - Grievance Procedure

Alticle 7 -Arbitration

Article 8 - Strikes and Lockouts

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INDEX

A1ticle 9 - Classitlcations, Rates of Pay & Special Allowm1ces

A1ticle l 0 -Holidays

A1ticle ll -Vacations

Article 12- Seniority

A1ticle 13 -Job Postings, Promotions, Trm1sters

Article 14 -Leave of Absence I Bereavement

Article 15- Hours of Work and Overtime

Alticle 16 - Generalltems

Article 17 -Health and Satety

Article 18 -Duration of Agreement

Letter Of Understanding

Appendix "A"

Appendix "B"- Licensing

Page No.

2

2

3

4

5

6

8

9

9

10

ll

12

14

14

15

16

17

17

19

20

21

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ARTICLE 1 - PURPOSE OF AGREEMENT

1.01 The Union and the Employer agree that the general purpose of this Agreement is to promote co-operation and harmony, to recognise mutual interests, to promote a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Employer and the Union, to promote efficiency and service, and to set forth herein the basic agreement and unde1taking covering rates of pay, hours of work, grievance procedures and conditions of employment.

1.02 This Agreement shall be binding upon parties hereto, their successors, administrators, executors and assigns. In the event that the entire operation is sold, leased, transfelTed to, taken over by sale, transfer, lease, assignment, receivership of baulauptcy proceedings such operation shall continue to be subject to the tenns and conditions of this Agreement for the life thereof

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Canadian Corps of Commissionaires at Hamilton, performing By-Law work assigned to the City of Hamilton, save and except supervisors, persons above the rank of superVIsor.

2.02 The word "employee" or "employees" wherever used in the Agreement shall mean respectively an employee or employees in the bargaining unit, and wherever the masculine gender is used in this Agreement, it shall include the feminine gender.

2.03 Persons not covered by this Agreement shall not perfmm work normally perfmmed by members of the bargaining unit while seniority bargaining unit employees who are qualified to perform such work are laid off or working less than a standard workweek, nor to deprive them of ove1time which would normally be assigned to them, except:

a) for the purpose of instruction or training, or b) for situations requiring inunediate action

2.04 The Employer agrees not to enter into any agreement or contract with the employees covered by this Agreement, individually or collectively which in any way conflicts with the terms and provisions of this Agreement.

2.05 Pmt-tirne, casual and temporary employees shall be covered by this Collective Agreement but only to the extent specifically set out in appendix "A" to this Agreement.

2.06 No Contracting Out Work

Work nonnally performed by the bargaining unit will not be subcontracted unless agreed between the-Employer- and- the-Union p!'ior-to -subGontraGting.- --If the- parties-are-unable to reach an agreement the matter may be refelTed to arbitration as per Alticle 7. 01 for final determination. No work will be subcontracted until the m·bitrator's decision is known.

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2. 07 Printing of the Collective Agreement

The Employer and the Union will share the cost of printing the Collective Agreement at a Unionized Printing Shop.

2.08 The Union will notifY the Employer in writing of any an·ears in dues caused for any reason or any anears in initiation or re-initiation fees and the Employer will immediately commence deductions in amounts prescribed by the Local Union in such written notice and forward such monies to the Local Union along with the monthly dues as provided for above.

Such notice of anears served on the Employer shall prescribe payroll deductions of not more than twenty-five dollars ($25.00) per pay. The Union will refund directly to the employee any such monies deducted in error.

2. 09 The Employer agrees to continue to use the Union's pre-billing system for dues and other requested deductions and will fmward all required information.

ARTICLE 3 - UNION SECURITY

3.01 It is agreed that the Union and the employees will not engage in union activities during working hours OT hold meetings at anytime on the premises of the Employer or the client's site without the prior express written permission of management.

3.02 It shall be a condition of employment for employees covered by this Collective Bargaining Agreement at the time of ratification to become and/or maintain their Union membership in good standing with Teamsters Local847.

3.03 All new employees who perform work covered by this Collective Bargaining Agreement shall make application for Union membership on cards supplied by the Union prior to the completion of their probationary period. The Employer will forward to the Union Office the new employee(s) membership card(s) following the successful completion of the employee(s) probationary period.

3.04 The Employer agrees to deduct Union dues and initiation fees or assessments and weekly dues as specified in the Union Constitution fi'om each eligible employee and remit monthly on or before the 15tl' day of the following month, the monies so deducted, together with a list showing fi'om whom and in what amounts deductions were made, to the Secretary-Treasurer of the Union.

3.05 The dues cheque shall be accompanied by a statement showing in alphabetical order the name of each employee from whose pay deductions have been made and the total amount deducted for the month.

3.06 The Employer will, at the time of making each remittance herem1der to the Secretary­Trea~lll'er_ QJ the lJniQn, _ypdat~ JhLlJni@'S l'reo:Billing_stat~menLshow:ing the. following information fi'om whose pay deductions have been made. The Secretary Treasurer of the Union shall notifY the Employer by letter of any change in the amount of Union dues and such notification shall be the Employer's authorization to make deductions specified.

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a) All monthly dues for members to be submitted with current address (as provided by the employee), postal code and Social Insurance Number;

b) Monthly:

r. New members to be listed in alphabetical order with current address (as provided by the employee), postal code, Social Insurance Number;

ii. Te1minations or resignations to be clearly identified with name, current address (as provided by the employee), postal code, Social Insurance Number and date of termination or resignation.

3.07 The employer agrees to record on each employee's Tax T-4 Statement the total Union dues paid by that employee in that year.

3.08 The Union agrees to indemnify the Employer and save it harmless against any and all claims, which may arise in complying with the provisions of Article 3.

ARTICLE 4 -MANAGEMENT RIGHTS

4.01 The Union recognizes that, subject to the te1ms of the contract to which the Employer is bound the management, supervision and direction of the workplace is fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited in this Collective Agreement. 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, discharge, assign, direct, classify, transfer, promote, demote, lay-off and suspend or otherwise discipline employees for just cause provided that a claim that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the grievance procedure;

c) evaluate employee's competence, knowledge, efficiency and abilities in accordance with the Employer's policies and procedures, subject to the grievance and arbitration procedure;

d) establish and enforce rules, regulations, policies and practices to be observed by employees, provided that they are not inconsistent with the provisions of this Agreement;

e) determine, in the interest of efficient operations and the highest standards of service, classifications, hours of work, assignments, methods of doing work, job content, scope of services to be provided to clients, the numbers of employees r~q11ired, tl!e_~tand<trds of pf:rf011J:t<tnce for_ all_e111pl()ye~s,_ the lQ<:ationof _woxk and the equipment to be used in connection therewith and all other matters conceming the Employer's operations, not otherwise specifically dealt with elsewhere in this Agreement;

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f) put into effect rules on safety and progressive discipline as described in the Employer's policies and procedures, subject to the grievance and arbitration procedures; and

g) generally to manage, operate and direct staff in all respects in accordance with its obligations, service requirements, service and/or operational contracts and legislated responsibilities.

4.02 The Employer agrees to provide to the employees and to the Steward a copy of any mles, regulations, policies and practices as and when they change from time to time. Whenever a mle is changed or a new mle is established by the Employer, the reasonableness of such changed or new rule may be made the subject of the Grievance Procedme within two (2) weeks of the date of the posting of same or the Union and employees will be presumed to agree that it is a reasonable rule and within the meaning of the Agreement.

ARTICLE 5- UNION REPRESENTATION

5.01 The Employer acknowledges the right of the Union to appoint or otherwise elect one (l) steward and one (1) alternate. All stewards shall be regular employees of the Employer actually at work who have completed their probationary period. The Employer will recognize and deal with the stewards as hereinafter set fmth.

5.02 The Union shall advise the Employer in writing of the names of the Stewards, and Alternate Stewards, who shall be employees who have completed their probationary period, at the time of signing of the Agreement and within five (5) days of any change of employees selected to so act during the term of the Agreement.

5.03 The Union acknowledges that the Stewards have regular work to perfmm and that they shall only absent themselves from such work with the permission of their Supervisor, which permission shall not be unreasonably withheld, and upon resmning their regular duties, they shall again repmt to their Supervisor. The Stewards shall not lose pay for time spent during their regular scheduled working hours assisting in the presentation of any grievances that may anse.

5.04 An authorized representative of the Union shall have access to the Employer's establishment when in the accompaniment of an authorized official of the Employer during working hours for the purpose of adjusting disputes, provided that the permission of the Employer is obtained beforehand, such permission not to be unreasonably withheld.

5.05 The Employer shall pay, at their normal rate of pay, a maximum of one (1) employee on the Union negotiating co111111ittee for time spent dming their regular working hours negotiating the renewal of this Agreement with the Employer.

5.06 The Employer agrees to recognize any employees selected by the Union, to act as alternate Stewards to assist in the presentation of any proper grievances that may arise, in the event that Hie Steward is absent fi·on1wark. -- · · -- - - ·- · - ·· - ·---- -- -- - -- ·· --- -- · ·

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5.07 The Union and the Chief Steward shall be copied on all conespondence regarding letters of discipline. The Chief StewaTd shall also be copied on all posting notices.

ARTICLE 6 - GRIEVANCE PROCEDURE

6.01 It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible, and it is agreed that an employee has no grievance until he/she has first given the Employer the opportunity to adjust Ius/her complaint by advising his/her supervisor of his/her complaint.

6.02 For the purpose of facilitating meaningful discussion, the grievance form will briefly smmnarize the facts upon which the Union relies and the Articles of the Collective Bargaining Agreement alleged to have been violated. The Employer agrees that the Union will not be prevented fi:om raising at a subsequent step or in arbitration any additional Article in the Collective Agreement, which was omitted by oversight, provided the original intent of the grievance is not changed.

6.03 A grievance shall be defined as a dispute arising over the administration, interpretation or alleged violation of this Agreement, and shall be submitted in triplicate on forms supplied by the Union and signed by the grievor or grievors. Such grievance must be submitted within seven (7) calendar days from the occmrence of the incident giving rise to the grievance. There shall be an earnest effort on the paTt of both piDties to settle such grievance promptly through the following steps:

6.04 Step 1 By a conference between the aggrieved employee and his/her Supervisor or Detachment Commander the employee shall be accomp81lied by his Steward. The employee's supervisor or Detachment Commander shall give his decision in writing within ten (1 0) calendar days.

6.05 Step 2 Within ten (1 0) calendar days after the decision at Step One has been or should have been given, the employee shall present the written grievance to the Account Manager, or person designated to handle such matters at Step Two. The Account Manager or designate shall schedule a meeting to be held within ten (1 0) calendar days fi'om the time when such grievance was presented to him, or his designate.

At the Step Two meeting, the employee shall be accompanied by his Steward, and the Account Manager, or designate who may be accompanied by officials of the Employer. The business Representative ofthe Union shall be present at the meeting. The Account Manager, or designate, shall give a decision in writing on behalf of the Employer within ten (1 O) calendar days immediately following the date of such meeting.

6.06 Step 3 If no satisfactory settlement is reached at Step 2, the grievance may be presented within five ( 5) working days to Management, who shall 81Tange a meeting with the Union

. Business- Agenf,. the;-Steward-ancl grievoi:-m-an aW~iiipCto- resolve tne giievlliice. -The Director of Operations, or designate shall give a decision in writing on behalf of the Employer within five (5) calendar days immediately following the date of such meeting.

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6.07 A Union policy grievance or a group grievance may be submitted at Step 2 to the Employer, as the case may be, within seven (7) calendar days of the circumstance giving rise to the grievance, and the grievance procedure shall apply, to the Union policy or group grievance. A Union policy grievance shall not be used by the Union to process a grievance directly affecting an employee or employees that such employee or employees could have initiated themselves, and the regular procedure for an employee's grievance shall not be by-passed. A Union group grievance shall only be used to process a grievance where the facts suppmiing the grievance are the same for all employees within the group.

6.08 Any grievance which arises directly between the Employer and the Union concerning the interpretation, application, administration or alleged violation of the provisions of the Agreement may be submitted by either ofthe pmiies to the other, and shall constitute a policy grievance. Notice of the grievance shall be in writing within thirty (30) calendm· days of the occunence of the matter giving rise to the grievance. The Manager, or his designate, shall schedule a meeting between the pmiies to be held within thirty (30) calendar days after notice has been given by either of the pmiies to the other. The decision of the pmiy being grieved against shall be given in writing within thniy (30) calendm· days following the date of such meeting. If no settlement is reached, the grievance may be refe1red to arbitration in accordance with the provisions of Article 7 of the Agreement.

6.09 No matter may be submitted to arbitration, which has not been properly carried through the grievance procedure within the time specified. The parties may extend the time limits in the grievance procedure by mutual agreement. Such extensions must be confirmed in writi11g. Any and all tune limits set forth in Aliicle 6 for the taking of action by either pmiy or by an employee may be extended at any time by mutual agreement of the pmiies, which shall be confirmed in writing.

6.10 If the Employer suspends or discharges an employee, it shall notifY both the employee concerned and the Steward, either verbally or by email, within two (2) working days, giving the reasons for such dischm·ge or suspension.

6.11 If an employee who has acquired seniority believes that he has been discharged or suspended without just cause, the grievance shall be presented at Step Three within ten (1 0) calendar days after notice has been given to the employee and the Steward. If a suspension is grieved, the Employer may elect not to put the suspension into effect until the grievance is settled, abandoned, or determined by reference to arbitration.

6.12 If an employee is discharged, such dischm·ge will take effect nmnediately, except such that the employee shall be given the right to a ten (1 0) minute interview with his Steward, then said employee will immediately leave the premises.

6.13 A Steward shall be present in any formal meeting between an employee and the Employer, where the matter discussed is to become pmi of the employee's performance record save and except perfonnance appraisals.

A Steward shall be permitted to attend a disciplinary meeting involving an employee even though the meeting may be held during a different shift. Such Steward shall be paid for time so spent at his hourly rate.

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A Steward, where practicable shall be present at any disciplinary meeting regarding verbal, written warnings, suspensions and discharges or any other meeting that could lead to discipline.

6.14 Any action or decision in respect of any employee shall not be based on any item in his personnel record, which has been on file for more than twenty-four (24) months.

6.15 Any employee with twenty-four (24) hours' notice and, on Iris/her own time, shall be allowed to inspect his/her own personnel file. The Business Agent acting on behalf of the Union, with the written pernrission of the employee, shall be pernritted to inspect the personnel file of the employee upon reasonable notice of such request. Such review will occur only with a member of management present.

ARTICLE 7 -ARBITRATION

7.01 If the grievance is not resolved at Step 3 ofthe grievance procedure contained within Article 6 of this Agreement, the grieving party may refer the grievance to arbitration by giving notice in writing to the other party within thirty (30) calendar days after receipt of the Step 3 response, but not thereafter. If the request for arbitration is not given within the thirty (30) day calendar period, the decision at Step 3 shall be final and binding on both patties to this Agreement and upon any grievor involved and the grievance shall be deemed to be withdrawn without prejudice or precedent.

7. 02 After the notice to arbitrate has been given, but before an arbitrator has been selected, the pat·ties may mutually agree to extend the time for selecting an arbitrator in order for the patties to engage the services of a grievance settlement officer to assist the patties in resolving the dispute. The cost of the grievance settlement officer shall be shared equally between the patties. If the grievance settlement officer is unable to settle the dispute, then the parties will proceed to select an at·bitrator under the tetms of this Agreement. A grievance which has been referred to an at·bitrator, who shall be selected by the Employer and the Union within thirty (30) calendar days from the receipt of the notice to arbitrate or the meeting of the grievance settlement officer as the case may be. If the Employer and the Union are unable to agree on a sole arbitrator within the thirty (30) day calendar period then either patty may request the Ontario Minister of Labour to appoint an at·bitrator.

7. 03 The arbitrator appointed shall hear and determine the matter and shall issue a decision, which shall be final and binding upon the patties and upon any employee affected by it.

7.04 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modifY or atnend any part of this Agreement.

7. 05 The patties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister.

7.06 Any and all time limits fixed by Atticle 7 for the taking of action byeit!let: party 1llayo11Iy be extende[by fli.e-mui.ual a~:eemeirt ofthe-paitTe8~ which. ffilii£ile confirmed in writing.

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A!IT!.Q.LE 8 - STRIKES AND LOCKOUTS

8.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the parties agree that during the life of this Agreement there will be no strikes or lockouts within the meaning given to those terms by the Ontario Labour Relations Act.

ARTIQ~E 9- CLASSIFICATIONS, RATES OF PAY AND SPECIAL ALLOWANCES

9.01 (a) The following straight-time hourly rates shall be in effect during the term of this agreement.

Classification 2013 to 2014 Officer (Foot Patrol) $12.39

Driver I Corporal $12.98

Sergeant $13.78

9.02 When the Employer makes alterations to shift statt times or work weeks they shall provide one week's advance notice to employees affected by the shift change and notifY the Union Steward.

9.03 Pay Cheques;

Employees shall be paid on a bi-weekly weekly basis. Wages will be paid by direct deposit and employees will receive their pay statement in envelopes or by electronic mail, listing straight time hours worked and overtime hours worked, together with all deductions.

9.04 An employee who reports for work and has not been advised not to do so prior to the start of his/her scheduled shift and no work is available, will be paid a reporting allowance equal to three (3) hours at the employees standard hourly rate.

9.05 When new work is required for which there is not a suitable classification established by this Agreement, the Employer shall notifY the Union in writing to this effect and shall negotiate an appropriate classification and rate with the Union. It shall be open to the Union to allege in writing at any time that there is new work and the Employer shall discuss the matter with the Union. Where the matter is not disposed of between the Employer and the Union, it may be refeiTed to arbitration by either party pursuant to Article 7 hereof.

9.06 In the event of payroll errors exceeding fifty ($50.00) dollars, the Employer agrees to provide a separate cheque in the proper amount within three (3) business days after the employee completes a Payroll Discrepancy Form and presents it to the Employer.

9.07 By Law Enforcement Officers employed by the Canadian Corps of Commissionaires _ (}Ia1JJj[t()n) will b_e (Jligi!Jle _tQ_ re<:eive their _im!i'lidul!Lp_ortion of any_ armuaLsurplus payment­in a year in which a surplus is available and paid out duling the course of this collective agreement.

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9.08 Employees employed on the "date of ratification" shall be paid a retroactive payment equal to one percent (1 %) per hour for each hour worked from January 1, 2013 through to the date of Ratification of this Agreement.

ARTICLE 10- HOLIDAYS

10.01 The Employer recognizes the following declared holidays and agrees all employees who qualifY in accordance with Article 10.04 shall receive payment for such holidays based on their regular rate multiplied by the number of hours in a normal workday. When a declared holiday falls on an employee's regularly scheduled work day, the employee shall be required to work on any of these holidays and shall be paid at the rate of one and a half (1 1/2) times their regular rate, in addition to receiving holiday pay or, alternatively offered a day off in lieu at a time mutually agreed between the Employer and the employee.

-New Years Day -Labour Day -Family Day -Boxing Day - Good Friday - Thanksgiving Day - Victoria Day - Christmas Day -Canada Day

10.02 If a Holiday or Holidays fall(s) within an employee's vacation period, he will be entitled to pay for the same and shall be entitled to an additional day of vacation prior to or immediately following his vacation period, or a mutually agreed upon time.

10.03 All employees shall be eligible for holiday pay irrespective of whether they are required to work on the holiday or not, subject to the provisions of Section 10.04

10.04 To qualifY for holiday pay an employee must work on his last regularly scheduled shift prior to and his first regularly scheduled shift after the holiday and on the holiday itself if the employee has agreed to work, except when an employee's absence on either one or both of the qualifYing shifts is due to a verifiable illness, or is absent with permission from the Employer. The Employer may require proof of reasonable cause for such absences.

To qualifY for the full holiday pay entitlement for a consecutive holiday period i.e. a holiday of more than one day's duration (such as Christmas Day and Boxing Day) an employee must work his shift on the last regularly scheduled shift prior to the holiday and on the first regularly scheduled shift after the holiday period. Failure to work one of these qualifYing shifts will result in the loss of one day of holiday pay; and failure to work on both qualifYing shifts will result in the loss of two days of holiday pay. In both cases the balance of the holiday pay entitlement for the period will be paid and the qualification exceptions in the paragraph above apply.

10.05 In the event that a Statutory (General) Holiday is proclaimed by either the Federal or Provincial Government, such holiday shall also be observed, if not ah·eady listed in the above Holid<!YS~

10.06 In recognition of Remembrance Day, all employees shall receive on a separate cheque, a non­taxable bonus of fifty dollars ($50.00) on the pay period inrmediately following Remembrance Day.

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ARTICLE 11- VACATIONS

11.01 The Employer will grant all employees to whom this Agreement is applicable a vacation period.

11.02 The basis for payment of vacation pay and length of vacation will be as follows:

11.03 In the event that a Commissionaire with previous years of service from outside this bargaining unit is assigned to work covered by this Collective Agreement, he/she shall have those years of service respected for the purposes of vacation pay and allotment only.

EFFECTIVE JANUARY 1, 2013

Years of Service Days/Weeks of Vacation Percent of Gross Earnings

1 year but less than 1 0 years 2 Weeks (10 days) 4% 10 Years+ 3 Weeks (15 days) 6% 15Years+ 4 Weeks (20 days) 8%

11.04 Accrued vacation pay shall be directly deposited into the bank in the pay period immediately preceding the employee's vacation as a separate deposit entry provided that the employee submits their vacation request within the timeline stated in Sections 11.06 and 11.07.

Employees may request receipt of their unused, accrued vacation pay at any time provided that such request is provided in writing to the employer at least two (2) weeks in advance of the pay period in which they would like to receive the accmed vacation pay.

11.05 The vacation period shall be fi·om January 1 to December 31 of each year.

11.06 Employees will advise management of their preferred vacation dates(s) in wntmg between November 1 and November 15 of the preceding vacation period. By November 30, management will post the approved vacation schedule for the vacation year. Vacation dates will be allocated based upon operational requirements and the employee's seniority provided that the employee submits their request between November 1 and November 15 of the preceding vacation period.

11.07 Subsequent to November 30, an employee may advise management of preferred vacation date(s) in writing and the request will be approved or denied within ten (1 0) days. These requests will be evaluated on a time of submission basis (i.e. first come, first served). At any time, vacations may be altered upon mutual agreement of the Employer and the employee.

11.08 Following the death of an employee, his estate may claim the compulsory anuual vacation pay.

11.09 All unused, accmed vacation pay shall be paid in full to all employees on the first regularly s_cheduleci pay peri()d .fol!o\'liJ1g .!_he. eml ()f the_ya_c"ijtiQ11 PeriQcl.(i.e,_ :Qecen1l;>er._31) Qf _each year.

11.10 Vacations may not be transferred or carried over fi·om one vacation period to the next.

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ARTICLE 12- SENIORITY

12.01 Seniority shall be defmed as an employee's years of service within the bargaining nnit since that employee's date of hire. Upon completion of the probationary period, an employee will be credited with seniority back to the employee's last date of hire. Seniority shall be bargaining nnit wide.

12.02 New employees will be probationary employees for the first ninety (90) days fi"om their date of hire. The discharge of any such employee shall be at the sole discretion of the Employer. In the event a part-time employee is hired to a full-time position within the unit of which he/she had served the probationary period he/she shall not endure a second probationary period.

Following completion of the probationary period, an employee shall have his/her name placed on a seniority list and he/she shall have seniority dating from the date of hire.

12.03 (a) The parties recognize that job oppmiunity and secmity shall increase in proportion to length of service as set out herein. It is therefore agreed that in all cases of vacancy, promotion, demotion, transfer, lay-off; and recall after lay-off the following factors shall be considered by the Employer.

1. ability and qualifications n. seniority

Where the factors in ( i) are relatively equal, factor ( ii) shall govern.

(b) In the event oflay-off, seniority will determine the employees to be retained, skill and ability being sufficient. Employees being displaced due to lay-off or job elimination, or because of alterations made to shift start times or work weeks, will exercise their seniority by bumping in order of seniority. On1y an employee bumped from his shift or classification shall be eligible to exercise his/her seniority subject to 12.03 (a) in accordance with the above.

(c) The Employer shall give seniority employees at least fmiy-eight (48) homs' notice of a temporary lay-off whenever possible. If the period oflay-offis expected to exceed thirteen (13) consecutive weeks, the Employer shall give employees with two (2) or more years of service one (1) weeks' notice of lay-off or, or notice under the Employment Standards Act, whichever is greater. Such notice shall not apply in any case where an employee is displaced upon the retmn to work of another employee whom he was replacing.

12.04 (a) When temporarily recalled, laid off employees shall be paid the appropriate rate of pay for the classifications to which they are assigned.

(b) When temporarily recalled, laid off employees will be given preference of available hours of work before casual employees.

- -- -- - - - -- -- ---

12.05 Employees who have not forfeited their seniority rights as hereunder provided shall be recalled in order of seniority, skill and ability being sufficient.

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12.06 A seniority list shall be placed on the bulletin boards and will be revised by the Employer every six (6) months. Copies of these lists shall be fmwarded to the Union Office.

12.07 It shall be the duty of the employee to notifY the Employer and the Union office promptly of any change of address. If the employee fails to do so, the Employer or the Union shall not be held responsible for failure of notice to reach such employee.

12.08 Seniority rights and an employee's employment shall be deemed to have been terminated if the employee:

(a) resigns or retires;

(b) is discharged and is not reinstated through the grievance and arbitration procedure;

(c) has been absent Ji"om work for tln·ee (3) or more working days without notifYing the Employer and providing a reasonable and verifiable explanation for tllis absence, unless the employee can demonstrate the failure to notifY the Employer is due to circmnstances beyond the employee's reasonable control, otherwise he is considered to have abandoned his job;

(d) fails to return to work promptly upon termination of an authorized leave of absence, unless the employee can demonstrate the reason for not notifYing the Employer in advance is due to some emergency beyond the employee's reasonable control;

(e) fails to report for work within one (1) week when recalled by the Employer after a lay­off, or failure of the employee to inform the Employer within three (3) working days of recall that he/she will report for work, unless he/she has a bona fide reason; notice to return to work shall be in writing and shall be deemed to be sufficient if sent by registered mail to the employee's last known address on file with the Employer. When work of a temporary nature of a continuous four ( 4) weeks or less becomes available while seniority employees are on lay-off and they are recalled, they shall have the right to refuse or accept;

(f) is laid off for a period of twelve (12) consecutive months, or the number of months equal to their months of service, whichever is less, in the case of full time employees;

(g) utilizes a leave of absence for purposes other than those for which the leave of absence was granted;

12.09 For any employee who accepts a position with the Employer outside the bargaining unit the following will apply:

Within the first one hundred and eighty (180) days after the employee begins his new job, the employee shall retain all his seniority rights including bumping if he desires to retum to the pJ>sition he_kft;_therea_fter, the_emphy:ee_shall forfeiLall_seniority rights_and be placed aLthe bottom of the seniority list. This Article applies provided the employee maintains paying union dues for the 180 days.

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ARTICLE 13 -JOB POSTINGS, PROMOTIONS, TRANSFERS

13.01 The Employer will post all permanent job opening(s) for a period of seven (7) calendar days. In the event that an employee(s) is absent Ji"om his/her job assignment during the aforementioned period, the Employer, with the Steward present, will place a phone call in an attempt to contact said employee(s) to advise him/her of said posting(s). In filling these jobs the Employer shall consider the employees who have made application. In the event no applications are received, the Corps reserves the right to assign the job via reverse seniority.

13.02 When skill and ability are sufficient, seniority shall be the goveming factor in filling the position(s), in accordance with 12.03 (a).

13.03 An employee, who is temporarily transferred at the request of the Employer to another classification, will receive his own rate or the rate for the other classification, whichever is the higher.

13.05 Employees shall conduct themselves in an orderly and respectful manner when addressing the Employer or its representatives, and in retum the employee or his representatives shall receive fair and courteous treatment from the Employer or its representatives.

ARTICLE 14- LEAVE OF ABSENCE/BEREAVEMENT

14.01 During an authorized leave of absence, an employee shall maintain and accumulate seniority.

14.02 The Employer will grant pregnancy leave and/or parental leave, without pay, and without loss of seniority and benefits, in accordance with the provisions of the Employment Standards Act of Ontario to those employees who make application on forms supplied by the Employer.

14.03 Where an employee is required to serve as a juror or as a Crown Witness and provides proof of that obligation to the Employer, the Employer will grant the employee paid court leave to serve as a juror or as a CroWn witness for up to one (1) week. An employee who is granted court leave will be paid for that employee's regularly scheduled hours of work, during the period of the leave, at the employee's gross rate (regular rate plus applicable premium), minus any amount received by the employee for acting as a juror or as a Crown Witness.

14.04 When an employee suffers an injury or illness which requires his or her absence from work, they shall report the fact to the Employer immediately, and at least prior to the actual stmting time of their next shift, so that adequate replacement may be made if necessary.

14.05 When an employee suffers such an injury, whether on the job or not, or suffers from an illness preventing him or her from reporting to work, upon written request he or she will automatically be granted a leave of absence, without pay, until such time as they can properly return to work. Such absence will not exceeq one (1) calendar yem· except by mutual written consent of the parties. The Employer may request written medical evidence to substantiate an ~mploy_ee's_ absen(;e _and/o_r to_support_aretmn_ to work. Emplo:y:ees must-keep-the Employer notified of cmTect address and phone number at all times.

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14.06 The Employer must consider an employee's request for a leave of absence without pay or benefits for a legitimate reason for up to ninety (90) days without loss of seniority, provided the employee makes the application in writing stating the legitimate reason for such leave of absence and the length of time and return date. The granting of such Leave of Absence is subject to operational requirements.

14.07 In the event of the death of a member of the employee's innnediate family, the employee is entitled to tln·ee (3) days' paid leave of absence. For clarity, the Employer shall pay the employee up to tln·ee (3) days' pay at the employee's regular hourly rate of pay up to and including the day of the funeral provided that these days were scheduled days of work. The employee's ilrnnediate family means a spouse, common law spouse (as defined in the Family Law Act), legal guardian, father, mother, child, sister, brother and grandchild, grandparent, father-in-law, mother-in-law, brother-in-law and sister- in-law. In the event that an employee is notified of the death of a spouse, common law spouse (as defined in the Family Law Act), child or parent during working hours, that employee will be inunediately relieved from their shift and paid regular straight time for the remainder of their scheduled hours of work for that day~

ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 A normal work week shall consist of shifts ranging from six and one half (6.5) to nine (9) hours, subject to operational requirements.

15.02 All employees shall be entitled to two (2) fifteen (15) minute paid rest periods and up to one (1) one sixty (60) minute unpaid lunch period per day. Where possible, each employee shall receive the first fifteen (15) minute break between the second (2nd) and fourth (4th) lhour and the tlrirty (30) minute lunch break between the fourth (4th) and sixth (6th) hour and the second fifteen (15) minute break between the sixth (6th) and eighth (8th) hour.

Employees shall notify then· Supervisor of the exact time of their intended hmch break. It is also agreed that the patiies will co-operate with each other in administering the above as operational restrictions may impede exact interpretation. Employees will be informed of variations attached to individual sites or assigmnents.

15.03 The Employer will endeavour to provide notice to employees at least seven (7) calendar days in advance of the implementation of a work schedule. The Employer will provide a copy to the Chief Steward (or designate) upon request.

The Employer, however, may change posted work schedules due to unforeseen circumstances in which case the Employer shall endeavour to contact the employee(s) concerned at their residences, at least twenty-four (24) hours before such change. The Employer will endeavour to provide notice to employees at least seven (7) calendar days in advance of the implementation of a work schedule. The Employer will provide a copy to the Chief Steward (or designate) upon request.

15.04 The parties agree that when management determines that additional hours of work per week or pay period m·e required management may schedule additional hours of work. It is understood that the scheduling of additional hours of work may exceed 44 hours in a week

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and overtime shall not apply until hours of work have exceeded 88 in the 2 week pay period_ Overtime is therefore calculated based on the pay period and approved hours worked in excess of eight-eight (88) hours in the two week pay period. Such hours in excess of 88 in the two week pay period shall be paid for at time and one-half the basic rate.

15.05 Each employee is expected to work overtime if requested to do so by the Employer.

15.06 Overtime will be offered according to the criteria as established in Section 12.03 (a)

15.07 Any employee who is temporarily transferred to a lower rated classification during their shift, for the convenience of the Employer, shall continue to receive their usual rate.

An employee who is temporarily transfened to a higher rated job during their shift, shall receive the higher rate whilst so employed.

Employees who are transferred to a lower rated classification to avoid layoff will receive the lower while so employed.

15.08 The Employer does not guarantee to provide work for any employee, according to any prescribed schedule, or to maintain the work week or hours of work at any time in effect. In the event of a layoff, the provisions of Section 12 will apply.

15.09 Employees must submit, with at least twenty-four (24) hams' notice, their written request to management to exchange a shift with another employee. Management reserves the right to reasonably exercise its discretion to either (i) accept the request as provided or (ii) to re-assign the shift according to the criteria as outlined in Section 12.03 (a) The Employer will grant a maximum of two (2) switches per month; further requests may be considered. In the event that either or both of the employees fail to work the exchanged shifts, both employees shall lose their shift exchange privileges for thirty (30) days. Section 15.01 shall not apply to the hams an employee works in excess of the standard hours as a result of exchanging a shift with another employee. The pmiies agree that all hours exchanged will be in the same pay period.

ARTICLE 16- GENERAL ITEMS

16.01 The Employer will provide the Union with access to one (1) bulletin board, for the pmpose of posting of Union notices. It is agreed that only notices on Union letterhead, approved by the Corps and authorized by the Union will be posted.

The Employer agrees to provide space that is readily accessible for the official Union notices of direct interest to the employees and that there shall be no interference by the Employer with said Notice Bom·ds

16.02 The Employer will cover all associated costs for any employee hired before 1 July 2012 for attending First Aid! CPR training. All employees will be paid eleven dollm·s ($11.00) per hour

_for the _time_ spent dming such_training. __

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16.03 All employees employed on the date of ratification of this agreement will be entitled to one short sleeve shirt free of charge.

ARTICLE 17- HEALTH AND SAFETY

17.01 The Employer, the Employees and the Union recognize the benefits to be derived fi:om a safe and healthy place of employment. It is agreed that the Employer, the employees and the Union will co-operate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures as established by the governing regulatory authorities and defined in the Occupational Health and Safety Act.

17.02 The Employer requires that employees comply with all safety rules and regulations pertaining to the work environment.

17.03 The Employer shall not require employees to operate any equipment which is not equipped with safety appliances required by law, or which is in unsafe operating condition.

17.04 The employees will co-operate in the strict observance of all safety regulations at all times.

They will make full use of all safety and accident prevention devices and equipment as provided, and maintain safe working practices during their hours of employment. It is the responsibility of the employees to observe all safety provisions and to immediately advise the Management and the Safety Committee Member of any unsafe working conditions.

17.05 The Employer agrees to continue to maintain provisions for the safety of its employees during the hours of employment and to provide an accident prevention program with reference to accident hazards, for the safety of employees, the Union members of the Safety Committee shall be elected by the members involved.

17.06 Any outstanding matter relevant to the safety conditions may be raised with management and dealt with at a meeting between the Union and Management should the matter not be resolved between the Safety Committee and the Employer.

ARTICLE 18- DURATION OF AGREEMENT

18.01 This Agreement shall, unless changed by mutual consent become effective as of January 1, 2013 and shall continue in full force and effect until the 31st day of December, 2014 and shall continue thereafter for annual periods of one year each unless either pruty notifies the other in writing not more than ninety (90) days inrmediately prior to the expiration date that it desires to amend this Agreement.

18.02 Negotiations shall begin as soon as possible following notification for amendment as provided in the preceding paragraph .

.. 18~03 ·1:1;-pumuant-to-suehnegotiations,-anagreement is not reached on-the renewal or amendment of this Agreement prior to the cmTent expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties, or until Conciliation proceedings

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prescribed under the Ontario Labour Relations Act have been completed, whichever date should first occur.

Signed this 'bd~ Day of_~,h1,_._u.4""''11-----·• 2013

ON BEHALF OF THE EMPLOYER: Canadian Corps of Commissionaires

dn--£11~ .... Donald Clannon, Direct r of Human Resources & Admm.

9jn,., p .LQ_

Tom Lee, Director of Operations

ON BEHALF OF THE UNION: >ffr')'fJ.C;rt)Union 847

Ke~Representativ~: s

, LM,r c...Lu r= Va erie Benoit, Steward

ada

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LETTER OF UNDERSTANDING

BETWEEN: CANADIAN CORPS of COMMISSIONAIRES (HAMILTON BY-LAW)

AND: TEAMSTERS LOCAL UNION 847

RE: 2013-2015 COLLECTIVE AGREEMENT; HAMILTON BY-LAW

The Parties hereto agree as follows:

Effective the date of ratification, the individual listed below working as a Sergeant will be incorporated into the bargaining unit and will retain their supervisory responsibilities and schedule with the exception of the issuance of discipline.

Sharon Richards

The current title of Sergeant will remain unchanged and their rate of pay will be the rate of thhteen dollars and seventy-eight cents ($13.78) per hour.

From the date of ratification onward, any Sergeant position that becomes available through attrition or incorporation of new positions will be posted and all qualified employees will be interviewed and selection will be based on the provisions in Article 12.

Effective on the date of ratification, the current Sergeant will be placed on the seniority list and will be subject to the terms and conditions of the Collective Agreement.

Signed this ~Day of r/h1 , 2013

ON BEHALF OF THE EMPLOYER: canzr_;;;:::::_ Donald Clannon, Diri?CtOfOfHuman Resources & Admin.

9.(0p f]g, Tom Lee, Director of Operations

ON BEHALF OF THE UNION: ~...!J'J-..'I">r'll Union 847

Ke~ Dey, Representative, eamsters Canada

r/a4ut,4' v ' Valerie Benoit, Steward

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Appendix "A"

1. Pmt-time employees who work more than twenty-four (24) hours in a month shall be required as a condition of employment to pay an amount equal to the monthly union dues paid by full­time employees, pursuant to Aliicle 3.03 of this Agreement, except that they shall not pay initiation fees.

n. Pmi-time employees will be considered probationary and only acquire seniority only after they have been employed for ninety (90) days and then will be placed on a separate seniority list.

iii. Seniority for pmi- time employees shall be for the purpose ofbeing scheduled for work and in the event the employer decides to post a full-time position. Should a pati-time employee, with seniority, be accepted for a full-time position, the pmt-time probationmy period shall be deemed sufficient to satisfy the full-time probationary period ..

IV. Part-time employees shall not be used while full time bargaining unit employees m·e on lay­off until said employees are first offered recall to work or for the available hours of work.

v. Part-time employees will only work ove1time after all full-time employees have been offered the overtime opportunity first.

VI. The pmt-time employees shall not be used in such a mmmer that will cause the lay-off of a full time seniority employee.

vn. Part-time employees will:

(a) Be granted rest periods as set out in Article 15 of this of this agreement; (b) Receive vacation pay in accordance with relevant provisions of the Employment

Standards Act; (c) Receive the paid holidays listed in Article 10 and be paid a rate outlined in Alticle I 0; (d) Be entitled to file grievances according to the grievance and arbitration procedures of

this Agreement.

Whenever fmty ( 40) hours of work per week shall be regularly available to a single casual employee in excess of the regularly scheduled work then guaranteed to full-time employees in five (5) or less consecutive days and exclusive of relief work perfOrmed for employees who are absent or on vacation or job posting or mandato1y ove1time and exclusive of seasonal work, over a period of four ( 4) consecutive weeks, then another employee will be added to the full-time list. This employee will be the senior qualified casual employee who has indicated a desire for full-time employment, if any. Scheduled shifts within seven (7) days need not be consecutive.

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Appendix "B"

Licensing

With respect to licensing under the Private Security and Investigative Act, the parties agree to the following:

i. All employees hired prior to June 1, 2009 assigned to work at the By-Law detachment providing parking by-law enforcement for the City of Hamilton are not required to have a current and valid security guard license. However, all employees who fall into this categ01y are encouraged by both the Commissionaires and the Union to obtain a license;

ii. All employees assigned to work in By-Law who were hired prior to June 1, 2009 who choose not to obtain a license and subsequently lose their assignment in By-Law for any reason, will be given an opportunity to obtain a license in a period not to exceed three (3) months immediately following their deproture from the By-Law Unit. Those choosing this option will have an opportunity for assigmnent to work Ji-om the "Spare Board" once liceosed. Those who choose not to exercise this option will not be employable and may be subject to dismissal fi·om the Corps;

iii. All employees hired after June 1, 2009 assigned to work at the By-Law detachment providing pro·king by-law enforcement for the City of Hamilton are required to have a cuneot and valid security guard license;

iv. All employees hired after June 1, 2009 assigned to work at the By-Law detachment providing pro·king by-law enforcement for the City of Hamilton are required to be licensed under PSISA and to renew their license prior to its expiration;

v. All employees hired after 1 July 2012 assigned to work at the By-Law detachment providing parking by-law enforcement for the City of Hamilton are required to maintain and cover the cost of a valid Emergency First Aid Certificate. Failure to maintain qualifications will result in exclusion from a work assignment until a valid cetiificate is acquired and/or could result in dismissal from employment.