33
lU.Jllj 1 U/ [..U 1 /1 lllV l l I [...J JI.L1J J.l 11'11 Ill .UJ.'r.IJ.J.).J.VJ. 1',_..1 J.1V, llU L,l_.,_J VVUI Page 2 Page 2 Page 3 Page 3 Page 3 Page 6 Page 9 Page 10 Page 13 Page 14 Page i5 Page 15 Page 17 Page 17 Page 18 Page 18 Page 18 Page18 Page 22 Page 22 Page 22 Page 22 Page 22 Page23 Page 23 Page 24 Page 24 Page 25 Page 26 Page 26 Page27 Page 27 Page 29 Page 30 Page 32 Page33 Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 3.2 TABLE OF CONTENTS Recognition and Bargaining Unit Union Security UFCW Canada Rights (NO LANGUAGE) Seniority Grievance and Arbitration Procedures Discrimination Vacations Paid Holidays Severance Pay Pension Health and Welfare Per Diem Telephone Calls (NO LANGUAGE) Transportation (NO LANGUAGE) Weekends and !ravelling (NO LANGUAGE) Transfers (NO LANGUAGE) Sick Leave, Maternity Leave and Leaves of Absence Union Activities (NO LANGUAGE) International Union Conventions (NO LANGUAGE) No Strike- No Lockout (NO LANGUAGE) Separability Salary Christmas Bonus Temporary, ParHime and Probationary Employees Existing Benefits (NO LANGUAGE) Tuition Reimbursement Annuity Plan Jury Duty Bereavement Term of Agreement Hours of Work and Overtime Miscellaneous Wages Schedule A Letter of Understanding Number One Letter of Understanding Number Two 1 J., UV._I

lU.Jllj 1 U/ [..U 1 I J.l 11'11 Ill .UJ.'r.IJ.J.).J.VJ. 1 ... · Agreement. ARTICLE 5 ··GRIEVANCE AND ARBITRATION PROCEDURE 5.01 For the purpose of this Agreement a grievance shall

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Page 1: lU.Jllj 1 U/ [..U 1 I J.l 11'11 Ill .UJ.'r.IJ.J.).J.VJ. 1 ... · Agreement. ARTICLE 5 ··GRIEVANCE AND ARBITRATION PROCEDURE 5.01 For the purpose of this Agreement a grievance shall

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Preamble

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 3.2

TABLE OF CONTENTS

Recognition and Bargaining Unit

Union Security

UFCW Canada Rights (NO LANGUAGE)

Seniority

Grievance and Arbitration Procedures

Discrimination

Vacations

Paid Holidays

Severance Pay

Pension

Health and Welfare

Per Diem

Telephone Calls (NO LANGUAGE)

Transportation (NO LANGUAGE)

Weekends and !ravelling (NO LANGUAGE)

Transfers (NO LANGUAGE)

Sick Leave, Maternity Leave and Leaves of Absence

Union Activities (NO LANGUAGE)

International Union Conventions (NO LANGUAGE)

No Strike- No Lockout (NO LANGUAGE)

Separability

Salary

Christmas Bonus

Temporary, ParHime and Probationary Employees

Existing Benefits (NO LANGUAGE)

Tuition Reimbursement

Annuity Plan

Jury Duty

Bereavement

Term of Agreement

Hours of Work and Overtime

Miscellaneous

Wages Schedule A

Letter of Understanding Number One

Letter of Understanding Number Two

1

J., UV._I

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PREAMBLE

This Agreement is entered into and is effective on April27, 2014 between the United Food -- --· ~----.. -..

and Commercial Workers International Union, cu5-;-li-€:r~h1after referred to as UFCW Canada,

and UNIFOR CURE LOCAL 2, referred to as CURE.

Terminology

(a) Where the feminine or masculine is referred to in this Agreement it shall also

mean the other in singular and plural.

(b) Where the singular or plural is referred to in this Agreement, it shall also mean

the other.

(c) Where the term 11spouse 11 is used ln this Agreement, it shall mean, except where

prohibited by law, the legal partner, of eitl1er sex, of an employee covered by this

Agreement.

CURE agrees that UFCW Canada retains all rights except as otherwise provided in this

Agreement. UFCW Canada agrees it will not exercise these rights in an arbitrary or

discriminatory manner. RE Ministry O< '-'""-''·:ur

ARTICLE 1 -- RECOGNITION DRS - MEDIATION SEF\VICES

1.01 UFCW Canada recognizes CURE as the sole and exclusive collective bargaining agent

for its office and clerical employees employed in Canada, excluding all persons who are

covered by another collective bargaining agreement. It is expressly agreed that the

Confidential Secretaries to the National President, Executive Assistants to the National

President, Assistants to the National President, Collective Bargaining Representatives, and

Professional Staff are supervisors and are not within the bargaining unit.

2

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1.02 In the event UFCW Canada mergers with another union, the successor organization

shall be bound by the terms of this Agreement.

ARTICLE. 2 ~- UNION SECURITY

2.01 UFCW Canada shall retain only members in good standing of the CURE to perform all

work in the bargaining unit.

2.02 New employees shall be required to join CURE immediately upon hiring and shall be

credited with seniority from the first date of employment after the completion of the

probationary period of sixty (60) working days.

2.03 Initiation fees and dues shall be deducted by UFCW Canada, as prescribed by CURE

from the wages of each employee and remitted to the Secretary-Treasurer of the CURE

wlthin ten (1 0) days thereafter.

ARTICLE 3 -UFCW CANADA RIGHTS

(No Language)

ARTICLE 4 ~- SENIORITY

4.01 An employee's status, as a permanent or temporary employee, shall be determined at

the time of employment and the employee shall·be informed of his or her status.

4.02 A new or rehired employee shall establish seniority after a sixty (60) working days

probationa1y period, or such longer period as may be agreed to. Seniority shall be the period

of time since the employee last entered the service of UFCW Canada ln CURE's bargaining

unit.

3

-- - - -· -----------·--· ·--------·---- --·- ,,_, _____________ ------ -------------------

1 I

. I

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4.03 Job Posting

(a) Where a permanent vacancy is to be filled, notlce containing the job

classification and job rate will be posted for seven (7) working days during which time

employees may apply, in writing.

(b) In promotions and layoffs seniority shall be the only consideration where the

employee has the ability to perform the required work satisfactorily. In case of

disagreement about an employee's ability, he or she shall be given a trial period of

sixty (60) calendar days.

(c) An employee may apply for a posted job that is beyond the scope of this

Agreement, understanding that UFCW Canada l1as the sole discretion to fill the position. Out­

of-scope vacancies wl1ich UFCW Canada plans to fill, shall be posted on the main employee

bulletin board.

4.04 Seniority shall be considered broken when an employee voluntarily leaves the service of

UFCW Canada or is discharged for cause.

4.05 Lay~off and recall

(a) An employee who is laid off shall have the right to recall for a period of twelve

(12) months.

(b) If an employee chooses to forfeit her right to recall at any time during this period,

she shall receive severance pay.

(c) An employee who retains the right to recall shall receive their severance pay

after the aforementioned twelve (12) month period.

(d) No skilled and available regular employee shall be laid-off while any casual,

contingency, or temporary employees remain at work. If an employee is designated to

4

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be laid"off out of order because of not having the skills to remain at work, the said

employee shall remain at work a.nd be given a reasonable opportunity to attain the

required skills.

(e) No casual, contingency, or temporary employee shall be recalled while skilled

and available regular employees are laid-off. If an employee is to be recalled in order

and does not have the required skills, the said employee shall be recalled and given

reasonable opportunity to obtain the required skills,

(f) In case of lay-off, closure or redundancy, medical, dental, vision, and major

medical benefits at termination shall be continued for six (6) consecutive months,

subject to the rules of the plan, following the earlier of the date of such termination or

the date of lay-off preceding the date of such termination provided the employee has

no other coverage available. The employee may continue the coverage for an

additional six (6) months by paying in advance the monthly group rate determined ,

annually. The maximum period of coverage provided shall be twelve (12) consecutive

months.

(g) All employees on layoff or redundancy shall be rehired before hiring externally.

All employees must respond to the recall letter sent to them, at their last know address

recorded with UFCW Canada, not more than ten (10) days after the date of postmark

on the envelope of the letter, letting UFCW Canada know his or her decision. Layoffs

and re-employment shall be based on seniority, i.e., the last person hired shall be the

first laid off, and the last laid off shall be the ftrst rehired, provided the senior employee

has the ability to perform the required work satisfactorily.

(h) No bargaining unit member will be laid off as a result of assignment of

bargaining unit work to an outside contractor or agency or other UFCW Canada

employee.

4.06 Seniority is defined as the length of service in the bargaining unit and shal.l include

service with UFCW Canada prior to the recognition of CURE.

5

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If an employee is transferred to a position outside the bargaining unit, he or she shall retain

his or her seniority accumulated up to the date of leaving the unit, but will not accumulate any

further seniority while outside of the bargaining unit.

4.07 An updated seniority list of bargaining unit employees will be provided to CURE upon

request. The current seniority list is as per attached, and will form part of the Collective

Agreement.

ARTICLE 5 ··GRIEVANCE AND ARBITRATION PROCEDURE

5.01 For the purpose of this Agreement a grievance shall mea.n a dispute between a member

or a group of members of the bargaining unit or CUR.E and UFCW Canada, regarding the

appllcationj interpretation or alleged violation of this Agreement.

Step 1 -The aggrieved employee and/or the designated representative of CURE

shall discuss the grievance with the National President, or his or her designated

representative, wlthin fifteen ( 15) working days of the date of the occurrence/ incident.

If a settlement of the grievance is reached in this step, CURE shall be notified.

Step 2 ~ In the event the grievance is not settled in Step 1, it shall, within ten ( 1 O)

working days after the discussion with the National President, be presented, in writing,

by the aggrieved and/or the Union to the National President, who will answer within

fifteen (15) working days of receipt of the grievance.

Step 3- If the grievance is st1llnot settled in Step 2 above, it may within fifteen (15)

working days be referred by either party to arbitration.

In the case of a grievance where discharge is the lssue1 the grievance procedure will

commence at Step 2 within four ( 4) working days of the termination,

6

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5.02 The arbitrator shall be mutually selected by CURE and UFCW Canada. If the parties

cannot agree on the arbitrator, the Minister of Labour for the Province of Ontario shall be

asked to appoint the arbitrator. Where a grievance is filed by a member of this bargaining

unit, who works outside the province of Ontario, U1e arbitration referred to in this Article will be

held in Ontario a.nd UFCW Canada wJII bear the round-trip costs of transporting the grievor to

such arbitratlon procedure.

5.03 Arbitration shall be the sole and exclusive remedy for the settlement of any grievance

arising hereunder.

5.04 The arbitrator shall have the authority only to determine the grievance or grievances

submitted to him/her. The arbitrator shall not have tile authority to add or detract from or

amend in any way any provision set forth in this Agreement. All expenses and fees of the

arbitrator shall be borne equally by CURE and UFCW Canada. Each party shall be

responsible for reimbursing its own representatives and witnesses.

5.05 The decision of the arbitrator shall be final and binding upon all parties involved.

5.06 The time limits mentioned above may be extended by mutual agreement of CURE and

UFCW Canada. Requests for time limit extensions shall be put in writing_

5.07 Discipline

When an employee is to be disciplined by UFCW Canada, a representative of CURE shall be .

present In the event such disciplinary action is reduced to writing, a copy of the written

notice shall also be given to the employee and CURE. No employee shall be disciplined

except for just cause. The value of progressive discipline with the aim of being corrective in

application is recognized by both parties. Therefore, except in extreme cases, discipline or

discharge for just cause should be preceded by a documented record of counseling, warnings

(oral and written) and/or suspension. The CURE Steward or CURE Representative must be

present at all dlsciplinary meetings and be copied on all disciplinary notations. Where the

Steward is not on the premises, the Assistant Steward shall be substituted. In the event the

CURE Representative, the Steward and the Assistant Steward are not on the premises, the 7

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disciplinary meeting shall be deferred to a time when the Steward is on the pr·emises, except

in cases of gross misconduct.

5.08 Disciplinary notice or reprirnand will be removed from the files of employees after a. twelve (12) month period from the date of issuance and will not be used in any disciplinary

proceedings,

Written warnings shall become null and void after one (1) year from the date of issuance. If at

the time a warning notice is given there is a similar type of warning notice in the file, the

earlier shall remain in the file for a total of eighteen (18) months.

5.09 Termination of Employment

(a) Except for reductions in staff or other justifiable reason UFCW Canada shall not discharge

an employee unless his or her work has proven unsatisfactory.

(b) When considering discharging an employee, UFCW Canada shall inform, in writing, and

discuss thoroughly with the employee the reasons for which he or she ls being considered for

discharge. If at the end of one (1) month from the date of this discussion the ernployee's work

is still unsatisfactory, UFCW Canada may give the employee notice of discharge.

(c) Except in case of gross misconduct, an employee shall be given two (2) weeks' notice of

discharge or two (2) weeks' salary in lie1..1 of n?tice. Notice of dismissal shall be given in writing

and the reason for dismissal stated.

(d) If a dismissed employee is reinstated as a result of the grievance procedure 1 he or she

shall suffer no loss of seniority.

(e) An employee who intends to terminate his or her employment shall give UFCW Canada

two (2) weeks' notice in writing.

5.10 Stewards duly appointed or elected shall be permitted to confer with bargaining unit

employees and CURE representatives during working hours for purposes of investigating

8

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CURE grievances after receiving permission from the immediate supervisor. P~rmiss{on shall

not be unreasonably withheld and such time spent by the Steward shall be considered time

worked.

5.11 Employees shall have the right to a copy, at least once a year, of any material placed in

their personnel files during the last year. If they have never received a copy of the entire

contents of their personnel files, the employee is entitled to the entire contents. Such req1.1est

must be made by the employee, in writing. Nothing of a disciplinary nature shall be placed in

an employee's personnel file, unless the employee has been made aware of it.

ARTICLE 6 ww DISCRIMINATION AND HARASSMENT

6.01 UFCW Canada and CURE are opposed to any discrimination on the basis of sex, age,

race, creed, colour, religion, national origin, ethnicity, background, political affiliation, sexual

or[ entation, gender identity marital status, parental or family status, place of residence, mental

or physical disability, record of non employment related offences, or for any other reason not

affecting the person's ability to perform the work of UFCW Canada. The parties and the

employees covered by this Agreement, agree, each with the others, that to condone

discrimination is ~o condone the acts of discriminatton and to further disadvantage the victim.

6.02 UFCW Canada and CURE are opposed to harassment a.nd bullying in tt1e workplace,

including with respect to conduct or language intended to hwniliate, insult or degrade another

employee which the offender knows, or should reasonably know, would do so. The parties,

and the employees agree, each with the others, to promote a harassment-free and bullying­

free environment without limiting the generality of UFCW Canada to direct and control its

operations and to maintain order, discipline, and efficiency amongst all employees while at

work.

9

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The parties and the employees covered by thls Agreement, acknowledge that an allegation of

harassment does not constitute or imply the guilt or innocence of the accused or any person

but, rather, rnay initiate the bringing of a complaint or a grievance by either party or an

employee.

In the event of the determination of harassment, any resolution to a complaint or a grievance

reached between the parties or by the decision of an arbitrator shall be commensurate with

the seriousness of the incident giving rise to the complaint or grievance and will be

rehabilitative in nature.

AR.TICLE 7 ~- VACATION

7.01 Employees shall receive vacation as follows:

(a) Three (3) weeks' paid vacation after twelve (12) consecutive months of full-time

employment.

After an employee has qualified for three (3) weeks' vacation, the employee

automatically qualifies for future three (3) weeks' vacation as of January 1 of each

year.

(b) Four(4) weeks' paid vacation after eight (8) consecutive years of full-time

employment.

After an employee has qualified for four (4) weeks' vacation, the employee

automatically qualifies for future four ( 4) weeks' vacation as of January 1 of each year.

(c) Five (5) weeks' paid vacation after sixteen (16) consecutive years of full-time

employment.

1.0

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After an employee has qualified for five (5) weeks' vacation, the employee

automatically qualifies forfuture five (5) weeks' vacation as of January 1 of each year.

(d) Six (6) weeks' paid vacation after twenty-five (25) consecutive years of fuiHime

employment.

After an employee has qualified for six (6) weeks' vacation, the employee

automatically qualifies for future six (6) weeks' vacation as of January 1 of each year.

7.02 Vacation eligibility dates are based upon the employee's full~time employment date with

UFCW Canada.

7 .. 03 Vacations must be taken during the twelve (12) month period immediately following the

date the employee becomes eligible. Employees shall not under any circumstances receive

vacation pay in lieu of time off.

7.04 lf an employee's vacation is delayed with the approval of UFCW Canada beyond the

twelve (12) month period immediately following the date the employee becomes eligible, such

employee's vacation shall not be forfeited. Such vacation shall be given to the employee

upon mutual agreement as soon as circumstances permit during the successive vacation year

in addition to the affected employee's new vacation entitlement for the successive year.

Under no circumstances shall vacation be taken by an employee following the fifteenth (15th)

month after the employee becomes eligible, and in no event shall the vacation from one

entitlement period be combined with that of another except with the express concurrence of

UFCW Canada. All vacation earned but not taken shall be forfeited by the employee on the

first day following the end of the twelfth (12t11) month after the employee became eliglble

unless the vacation period has been extended with the express concurrence of UFCW

Canada. In such latter instances, all vacation earned but not taken shall be forfeited by the

employee if not taken in the extended period as arranged, or on the flrst day following the end

of the fifteenth (15 111) month, whichever occurs earlier,

11

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7.05 Employees who have qualified for three (3) or more weeks of vacation can split their

vacation, or take all at once, provided that it is mutually agreeable to the employee and

UFCW Canada.

7.06 When a holiday occurs during a time when an employee is on va'catlon, such holiday will

be observed on the date of the holiday and the affected employee's vacation will be displaced

by one day for each such holiday, or, at the request of the affected employee, an additional

day's vacation will be given to the employee for each such holiday at another time mutually

agreed by UFCW Canada and the affected employee.

7.07 Employees wlll be paid any vacation earned upon separation of employment.

7.08 One employee will be scheduled to work the period between Christmas and New Year.

All other employees will not be required to work or use their vacation during this period.

7,09 Effective December 1 of every year, UFCW Canada will provide a vacation schedule for

employees to make their vacation selection for the subsequent year. The approval process

will recognize the principle of seniority, provided that the employees make their selection prior

to January 1. Vacation selections made after January 1, will then be considered on a first­

come-first~serve basis. For seniority purposes, requests submitted prior to December 1 for the

following year shall not be approved but placed on hold for resubmission on December 1.

UFCW Canada. reserves the right to limit the number of employees taking vacation at the

same time. In cases of emergency, UFCW Canada also reserves the right to cancel va.cation.

Following the deadline, the employer will issue a response within 14 days. For all vacation

submissions after January 1, that are on a first come first serve basis, the employer will

respond within 14 days.

12

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ARTICLE 8 ··PAID HOLIDAYS

8.01 Employees shall be given the following holidays, and any other holidays which ma.y

hereafter be declared a general holiday by either the Federal or Provincial Governments,

without deduction of pay:

New Year's Day

Third Monday in February (Family Day/Heritage Day)

Good Frlday

Easter Monday

Victoria Day

St~Jean~Baptiste Day (Quebec Only)'

Canada Day

Civic Holiday

Labour Day

Friday before Thanksgiving

Thanksgiving Day

Remembrance Day (All Provinces except Quebec)

Christmas Eve

Christmas Day

Boxing Day 13

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New Year's Eve

8.02 Pay for all time worked on the above holidays shall be at two (2) times the employee's

regular rate, in addition to the regular rate for the day.

8.03 If a holiday falls on Saturday, it shall be observed on the immediately preceding Friday,

and if a holiday falls on Sunday, it shaJ[ be observed on the immediately following Monday or,

in either case~ another day mutually agreed upon by UFCW Canada and CURE.

8.04 UFCW Canada will endeavour to continue its practice of allowing the employees their

birtMay off with pay, or the first normal working day closest to the employee's birthday if the

employee's birthday falls on a week-end or paid holiday.

ARTICLE 9 -~SEVERANCE PAY

9.01 Employees shall be entitled to severance pay computed as follows:

(a) One (1) through ten (1 O) years of continuous service: One (1) week's pay for each

year of continuous service.

(b) Eleven (11) through twenty (20) years, add to the computation for ten (1 0) years:

One and three-qua1ters (1~) weeks' pay for each year of continuous service above ten

(10) years.

(c) Twenty-one (21) years and over, add to the computation for twenty (20) years: Two

(2) weeks' pay for each year of continuous service above twenty (20) years.

(d) To the separation allowance, add pay for the vacation, if any, for which the

employee has qualified but not taken.

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9.02 Such severance pay will be paid only in the event of a lay-off. Severance allowance

shall not be paid in cases where the employee was discharged for cause or in cases of

retirement or voluntary resignation.

9.03 An employee with two (2) or more years of continuous service who is terminated as a

result of shortage of work will be eligible to participate in the tuition reimbursement plan as

outlined in Article 15.06 until such time as his or her recall rights expire.

ARTICLE 10 ··PENSION

10.01 The Pension Plan covering eltgible officers and employees of UFCW Canada and its

chartered bodies shall continu.e to be applicable to the employees covered by this Agreement.

The Pension Plan mentioned above shall be controlled by the UFCW Canada Constitution

and any changes in the Pension Plan shall be made in accordance with the UFCW Canada

Constitution. Nothing in this Agreement shall prevent UFCW Canada from maklng changes in

the Pension Plan.

ARTICLE 11 •w HEALTH & WELFARE AND RRSP & RESP

Health and Welfare

11 .01 The health and welfare and life insurance benefits uniformly provided to employees of

UFCW Canada shall be applicable to the employees covered by this Agreement. During the

term of this Agreement, UFCW Canada shall have the right to mal<:e cl1anges in the present

health and welfare and insurance benefits so long as such changes apply uniformly to all

employees of UFCW Canada.

15

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11.02 UFCW Canada will pay the premiums to the National Councll Benefit Plan on behalf of

the CURE bargaining unit. The terms and level of benefits of the pla.n are set by the Trustees.

Such plan will have coverage for the following: life insurance, hospitalization, major medical,

accidental death and dismemberment, vision, L TO, and out of country coverage.

UFCW Canada will pay the premiums to a Trusteed Dental Plan on behalf of the CURE

bargaining unit. The terms and level of benefits of the plan are set by the Trustees.

UFCW Canada shall provide an allowance of up to $500 per year for all. This allowance may

be used to reimburse employees for expenses (medical, pr-escription drugs, dental, medical

prescribed massage therapy) not covered by the Health and Welfare and Dental Plans.

UFCW Canada wtll provide an allowance of $200 per year for employees with children under

1 o years of age that reside out of the province of Quebec. This allowance will only be

provided to reimburse for dental expenses for children under 1 0 years of age not covered by

the current Denta.l Plan

UFCW Canada will, upon valid and reasonable proof of payment continue to reimburse the

employees covered by this Agreement for the costs of government- sponsored health care.

RRSP & RESP

11.03 UFCW Canada wlll provide aU members of the bargaining unit the contribution

matching benefjt as uniformly provided to all UFCW Canada employees according to UFCW

Canada policy.

Upon presentation of written documentation of a contribution to a Registered Retirement

Savings Plan (RRSP) and or Registered Education Savings Plan (RESP) by either the

employee or the employee's spouse, UFCW Canada will match 50% of RRSP and or RESP

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combined contributions up to a combined maximum of $1,200. Requests must be submitted

no later than15 months of date of contribution in order to be eligible for matching. Following

one year of continuous service with the International Union an employee shall becorne eligible

to make a claim for this benefit retroactive to the employee's date of hire.

RRSP contributions made within the first 60 days of the calendar year can be applied to the

prior calendar year limit or the current calendar year 11m it RESP contributions made within the

calendar year will be applied to the current year only.

Humanity Fund

11.04 UFCW Canada shall, upon reasonable valid proof of contributions, match the

contributions to the CEP Humanity Fund by the employees covered by this Agreement to a

maximum of $20 -per year, per contributing employee, and record the same at the appropriate

location on the employee's T4 slip.

ARTICLE 12 -- PER DIEM

12.01 Ernployees who are required by UFCW Canada to attend conventions, conferences,

meetings, seminars, or other such approved events or functions will be entitled to have

authorized expenses reimbursed to them and will be entitled to receive allowances and/or per

diem, as agreed to with CURE. If UFCW Canada improves the said policy, such

improvements shall be deemed to apply to the employees, s1..1bject to the terms of application

of this Section.

ARTICLE 13 ··TELEPHONE CALLS

(No Language)

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ARTICLE 14 ··TRANSPORTATION

(No Language)

ARTICLE 15-- WEEKENDS & TRAVELLING

(No Language)

ARTICLE 16 ··TRANSFERS

(No Language)

ARTICLE 17-- SICK. LEAVE, MATERNITY LEAVE, AND LEAVE OF ABSENCE

17.01 An employee may be granted a leave of absence without pay. Requests for such leave

mu.st be submitted in writing and approved by the National President. Such leave shall not be

unreasonably withheld.

17.02 Sick Leave

(a) Short Term Sick Leave- Employees may use up to twelve (12) days of paid sick

leave per calendar year. (New employees may use a prorated amount of sick leave

based on whole months remaining in the calendar year following the date of hire.) Sick

leave may be used for dental and/or doctor's appointments, provided the employee

gives his or her supervisor notice of such appointment at least one ·working day in

advance thereof, exc~pt in case of emergency, in which event notice will be given as

soon as possible. Employees may also use sick. leave in the event of illness of

dependents residing with the employee which requires the employee to be absent from

work, Employees may also use up to five ( 5) days sick leave per calendar year for any

personal reasons not involving sickness, except that sick leave shall not be used for

personal reasons, in conjunction with holidays or vacation.

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(b) Employees who use not more than two (2) days of the annual12 paid sick days

each year shall receive the equivalent of six (6) days pay in January of the following

year.

(c) Employees who qualify shall be provided with a short and long term sick benefit

plan as outlined below:

Short Term Disability

During the first four (4) weeks of illness or non-occupational accident, the employee will

receive one hundred percent (1 00%) of their regular salary. Accumulated sl1ort term sick

leave credits must be used to cover such payment up to six (6) days. An employee with less

than six days accumulated sick leave will receive payment for the six days on a prorated

basis.

For the balance of the first three (3) months of illness or non-occupational accident, the

employee will receive ninety percent (90%) of their regular salary.

Long Term Disability .

After three months of illness or non-occupational accident, the employee shall be covered by

a long term disability plan. This plan is based on eighty percent (80%) of monthly earnings as

at the commencement of the disability up to a maximum benefit of $6,933 per month. The

LTD Plan is as provided by, and governed by, the Group Benefit Plan underwritten by Great

West Life and adiTJinistered by PBAS.

UFCW Canada may at its sole discretion require the employee to produce a medical

certificate verifying illnesses. UFCW Canada will cover the costs not otherwise covered for

providing medical information it requests.

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Adjudication of the eligibility and entitlement to short term and long term disability payments

will be done by PBAS or a medical representative of PBAS.

17.03 Any employee using sick [ea.ve for a purpose other than that provided for herein shall

be subject to disciplinary action up to and including termination of employment.

17.04 An employee wtth one (1) year of service adopting a child shall be granted an adoption

leave for a maximum one ( 1) year.

17.05 Where an employee qualifies for approved leave during her period of vacation, there be

no deduction from vacation credits for such absence. The vacation so displaced shall be

reinstated for use at a later date, to be mutually agreed between UFCW Canada and the

employee.

17.06 UFCW Canada wlll grant a leave of absence, without loss of seniority to a maximum of

one (1) member of the bargaining unit at any given time for up to two (2) weeks to attend

union cotiferences, conventions or seminars and up to one (1) year for members elected or

appointed to full-time Representative positions in CURE. Such leave may be extended by

mutual agreement. UFCW Canada shall be given the right to hire replacement employees, on

a temporary basis, where such leave of absence extends beyond the time limits set out in

Article 7.

17.07 Pregnancy and Maternity Leave

(a) All maternity and parental leave shall be in accordance with the legislation of the

province in which the employee resides.

(b) An employee on maternity leave may elect to return to work on a part-time basis

for a maximum of three (3) months, provided that the employee has given the National

President thirty (30) days prior written notice of her intent to do so. Part-time work shall

consist of a minimum of three (3) days of work per week. Such employee's salary will

be prorated according to the reduced work schedule.

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(c) Maternity Leave

UFCW Canada will provide a supplementary unemployment benefit ("SUB") to female

employees on approved pregnancy or matemtty leave of absence who have qualified for and

are in receipt of Government of Canada Employment Insurance benefits or the Quebec

"Regime quebecois d'assurance parentale'' for pregnancy or maternity leave ("E1 11). The

benefit shall be paid by separate ct1eque in such an amount so as to result in the employee's

combtned El and SUB not exceeding eighty percent (80%) of the employee's regular gross

earnings before health and welfare and other deductions. The SUB shall continue for the

same weeks as the employee is in receipt of El benefits to a maximum of twenty (20) weeks

and shall be subject to such required deductions as UFCW Canada may be required to make

and remit. In no event shall an employee receive the SUB in addition to UFCW Canada or

government-sponsored sick benefits, nor shall the employee's combined El and SUB result in

a greater net income than the employee would have made if she had remained at work.

Parental Leave

/

UFCW Canada will provide a. supplementary unemployment benefit (''SUB 11) to all employees

on approved parental leave of absence who have qualified for and are in receipt of

Government of Canada Employment Insurance benefits or the Quebec "Regime quebecois

d'assurance parentale" for parental leave ("EI"). The benefit shall be paid by separate

cheque in such an amount so as to result in the employee's combined El and SUB not

exceeding eighty percent (80%) of the employee's regular gross earnings before health and

welfare and other deductions. The SUB shall continue for the same weeks as the employee

is in receipt of El benefits to a. maximum of five (5) weeks and shall be subject to such

required deductions as UFCW Canada may be required to make and remit. In no event shall

an employee receive the SUB in addition to UFCW Canada or government-sponsored sick

benefits, nor shall the employee's combined El and SUB result in a greater net income than

the employee would have made if the employee had remained at work.

In the case of a female employee, the parental leave shall be taken immediately following the

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approved pregnancy or maternity leave; when combined, the total SUB shall not exceed

twenty-five (25) weeks.

AR.l'ICLE 18 -- UNION ACTIVITIES

(No Language)

ARTICLE 19 ··INTERNATIONAL UNION CONVENTIONS

(No Language)

ARTICLE 20 -- NO STRIKE- NO LOCKOUT

(No Language)

ARTICLE 21 .... SEPARABILITY

21.01 Should any Article, Section, or portion thereof, of this Agreement be held unlawful and

not enforceable by any court of competent jurisdiction, such decision of the court shall apply

only to the specific Article, Section, or portion thereof directly specified in the decision;

provided, however, that upon such a decision, the parties agree immediately to negotiate a

substitute for the invalidated Article, Section or portion thereof.

ARTICLE 22 .... ·SALARY

22.01 See Appendix "A".

22.02 Employees who are required to utilize their bilingual skills, in the day-to-day course of

their employment, will recetve a premium of $20.00 per week.

22.03 When an employee is temporarily assigned to replace an employee who is in a higher

paid classification, the employee shall receive the next higher rate of pay in the classification

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~AX No. 4lb :LLJ ~UU'/ 1-'. un

she is replacing, but in no event will the replacing employee's rate of pay be reduced for the

duration of such assignment.

22.04 If UFCW Canada establishes a new classification in the CURE's bargaining unit, it will

meet with the designated representatives of CURE to negotiate the rate of pay for the

classification.

ARTICLE 23 -- CHRISTMAS BONUS

23.01 All benefits or privileges, including payment of Christmas bonus, now enjoyed by

employees shall remain unchanged during the life of this Agreement.

ARTICLE 24 ··TEMPORARY, PART-TIME, AND PROBATIONARY EMPLOYEES

24.01 The salary of a part" time employee shall be pro-rated to the full-time salary for his or

her classification and shall be increased with length of service in accordance with the

progression schedule. Part-time employees shall be cover~d by this Agreement.

24.02 Except when hired for a specific period to replace an employee on leave or vacation, no

person shall be employed as a temporary employee for longer than ninety (90) consecutive

days. A temporary employee shall be paid not less than the starting rate for the classification

for which he or she is hired.

24.03 The probationary period for an employee hired for a permanent position shall be sixty

(60) working days, A probationary employee shall be covered by the terms of this Agreement

except for its discharge provision. Upon a mutual request. in writing, being signed by the

employee concerned and UFCW Canada, the probationary period may be extended for an

additional thirty (30) working days. A copy of such written agreement will be forwarded to the

Steward and the CURE President.

23

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ARTICLE 25 ~- EXISTING BENEFITS

(No Language)

ARTICLE 26 ··TUITION REIMBURSEMENT

26.01 Tuition reimbursement- UFCW Canada provides a tuition reimbursement program to

encourage the professional growth of employees and to provide a vehicle for continuing the

development of job~related skills. The benefits of til is program are available after you have

been employed for one (1) year with UFCW Canada. The following requirements govern

administration of this program.

1. The educational institution that you plan to attend must be an accredited local

university or community college, licensed or otherwise professionally recognized as

qualified to offer instruction in the academic areas you are pursuing,

2. The course or courses of study you pursue must be supportive of your current job

responsibilities or serve to enhance your qualifications for future job movement with

UFCW Canada.

3. A request for reimbursement of the cost of the course(s) must be made and

approval received prior to actual enrollment.

4. You must present evidence of having satisfa.ctorily met the requirements of the

course (letter grade "C" or above, certiflcate of achievement, etc.).

5. Reimbursement Formula - Reimbmsement is made after receipt of evidence that

you have satisfactorily completed the class. Reimbursement is based on the following

formula:

(a) For a class or course of study required by UFCW Canada to perform your

job assignment~ 100% of the incurred expenses;

24

i

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(b) For a course of study taken to improve ability to perform current job

assignment - up to $1 ,800.00 per year, or

(c) For courses that may prepare the employee for future job improvement with

UFCW Canada, an annual amount, based on service with UFCW Canada:

1 -3 years

3 or more years

$600.00 per year

$1,800.00 per year

Tile maximum amount payable in any calendaryeat- under items (b) and (c)

above is $1,800.00

ARTICLE 27 ··ANNUITY PLANS

27.01 Although the UFCW Employees Annuity Plan (Old Plan) was terminated April30, 1984,

UFCW Canada will continue its practice of providing an annuity benefit. The annuity benefit

shall be calculated in accordance with the Canadian Annuity Plan formula in effect as at the

date of ratification of this agreement and the employee may elect to take the benefit payment

in U.S. or Canadian dollars.

UFCW Canada shall provide to each bargaining unit employee on an annual basis, a

prospectus indicating an estimated distribution that would be theoretically allowed to the

employee if the employee was eligible for such a distribution on the date of preparation of the

prospectus.

25

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ARTICLE 28 ~-JURY DUTY

28.01 Employees called for jury duty shall be granted time off with full pay, with the

understanding that all money except expenses received for jury duty w111 be returned to

UFCW Canada and that in the event U1e employee called for jury duty does not have to serve,

he or she will return to work immediately.

ARTICLE 29 -· BEREAVEMENT

29.01 If a death occurs In the immediate family, an employee shall be allowed up to five (5)

days' leave with full pay, providing that the employee attends the funeraL The five (5) days

provided to the employee shall be determined by the employee's assigned working days.

(a) 11 lmmediate family" shall mean parents or step-parents and their siblings in either

case, mother-in-law, father-in-law, son, daughter, son-in-law, daughter-in-law, step­

children, brother, sister, brother-in-law, sister-in-law, spouse, common law spouse,

grandparent, grandchildren, or a relative living in the same household as the employee.

(b) If such death occurs while an employee is on vacation, upon notification to UFCW

Canada, bereavement leave shall be granted and shall be excluded from the vacation

period.

(c) One day of bereavement leave may be taken separately, at the employee's request

and with the concurrence of UFCW Canada along with supporting documentation. ln

event of splitting the bereavement leave, additional vacation may only be taken in

conjunction with the single bereavement day.

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ARTICLE 30 •• MISCELLANEOUS

.CURE Union Label

30.01 All employees shall liSe the CURE Union label on all typewritten and mimeographed

material.

Health & Safety

30.02 UFCW Canada shall make all reasonable provisions for the safety and health of

employees during working hours. AI! rights and privileges respecting occupational health and

safety established in the laws of any province in which bargaining unit members are working

shall form part of this Agreement as to the respective bargaining unit member(s).

Bargaining Committee

30.03 CURE shall be entitled to elect or appoint a maximum two (2) members of the

bargaining unit to its bargaining committee. CURE shaH, before the commencement of

bargaining, notify UFCW Canada as to the names of those duly elected or appointed, and

shall promptly advise UFCW Canada. in writing of any changes thereto. Time spent in

bargaining by bargaining unit employees so elected or appointed shall be considered time

worked.

ARTICLE 31 •• HOURS OF WORK AND OVERTIME

31.01 The regular work week shall consist of five working days, Monday through Friday,

inclusive; for a total of thirty-five (35) hours per week.

31.02 The daily t1ours of work shall be between 8:30a.m. and 4;30 p.m., Monday through

Friday, 7 hours per day, unless otherwise agreed, in k.eeping with Article 3.07.

27

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31.03 Employees shall be entitled to one fifteen (15) rnint..Ite rest period each morning and

afternoon,

31.04 Employees shall be granted one (1) hour off work daily for lunch at a time mutually

agreed upon.

31.05 Employees shall be reimbursed in full for all expenses for transportation and meals,

incurred as a result of directed overtime ..

31.06 Hours of work in excess of thirty-five (35) hours per week shall be paid at one and one­

half ( 1 ).-1) times the employee's regular rate of pay for work. performed Monday through Friday,

and for work performed on Saturdays. Two (2) times the employee's regt..tlar rate of pay shall

be paid for all work performed on Sundays.

31.07 Various alternative work schedules whlch provide scheduling flexibility mutually

advantageous to UFCW Canada and the employees may be implemented by mutual

agreement of the parties. UFCW Canada will give at least thirty (30) calendar days written

notice to discontinue alternative work schedule(s).

A condensed work week shall be implemented with the majority consent of the members of

the bargaining unit during the months of July and August ("Summer Hours"). Summer Hours

shall normally start Monday at 8:30 a.m. and end Fr1day at 2:00 p.m. The normal daily hours

of work for Summer Hours shall be divided equally, Monday through Thursday. The hours of

work for the Friday shall be 8:30a.m. through 2:00p.m., unless a paid holiday other than the

birthday holiday occurs, in which case the normal quitting time for the Friday shall be 2:30

p.m. The total regular weekly hours during the condensed work week shall be thirty-five (35).

If for any reason other than the occurrence of a paid holiday other than the birthday holiday,

approved sick leave or other approved leave of absence, an employee works less than the

thirty-five (35) hours in a week during Summer Hours, UFCW Canada shall be entitled without

further authorization to adjust the bi-weekly pay for that employee to reflect payment for the

actual number of hours worked.

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ARTICLE 32 ··TERM OF AGREEMENT

This Agreement shall be effective as of April 27, 2014 and shall continue in full force and

effect until.April29, 2017 and sha.ll be automatically renewed from year~to~year un.less either

party serves notice, in writing, wrthin nine (9) months prior to the expiration date, of a desire to

change, modify or terminate this Agreement. In the event either party serves notice with

respect to changes in or modification of the Agreement, the parties shall, within fifteen ( 15)

days from the date of such notification, schedule negotiations. Nothing in tl1is Agreement shall

prevent the parties from agreeing to conduct the bargaining of this Agreement concurrently

and ln the same sessions as bargatning for other CURE units in UFCW Canada.

Signed this~ day of __ ~-----'' A.D., 20 __

FOR UFCW CANADA: FOR CURE:

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WAGES SCHEDULE A

CURRENT April27,2014 ~ril26, 2015 April 24, 20 16

ADMINISTRATIVE STAFF A:.

START

Weekly $g3Q.30 $930.30 $939.60 $949.00

6MONTHS

Weekly $964.46 $964.46 $974.10 $933.85

12 MONTHS

Weekly $999.80 $999.30 $1,009.80 $1,019.90

18 MONTHS l

Weekly $1,025.71 $1,025,71 $1,035.97 $1,046.33

ADMINISTRATIVE STAFF B:

RECEPTION AND FILE MAINTENANCE

START

Weekly $754.85 $754.85 $762AO $770.02 6 f\•10NTHS

Weekly $811.38 $811.38 $819.49 $827.69 12 r..•lONTHS

Weekly $869.10 $869.10 $877.79 $886.57 18 MONTl-IS

Weekly - N/A NfA NiA N/A

30

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DEPARTMENT SU PPO.RT STAFF April27, 2014 I I

- April 26, 2015 April24, 2016 I

START !

Weekly $1,050.00 $1,060.50 $1,071.11

!

6MONTHS I '

Weekly $1,100.00 $1,111.00 $1,122.11 I

12 lvlONTI-l S

Weekly $1,150.00 $1,161.50 $1,173.12

18 MONTI-lS

Weekly _g,J,OO.OO $1,212.00 $1,224.12

--- - - - -

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Letter of Understanding Number One

On a trial basis, UFCW Canada will extend the Summer Hours period for the Toronto Office from the first full week in May thrm1gh to the last full week before Labour Day Long Weekend in September.

Up to three employees will be given the opportunity to leave at 1 :30 prn every other Friday. The week shall consist of four days at 7.5 hours with a 30 minute lunch break (8:30 am to

4:30 pm) and the Friday shall consist of 5 hours with no lunch break (8:30 am to 1 :30 pm).

For the weeks in which employees are not scheduled to leave at 1 :30 pm on the Friday,

employees will schedule a day mutually agreed between them and the employer.

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.O.!a• • • I ~ Vt t.J'V ~ I t • ~• - ~ J,. ' '-' ~ • •••• - ' " " ' ' • - - •• - -- - - - I '-'

L.etter of Understanding Number Two

Re: Article 8.08

The following is the Christmas Period Coverage Schedule which will be in effect December 2014 through to December 2018:

2014 Noelle Byer

2015 Nohora Castaneda

2016 Bessie Argyros-White

2017 Tammy Cruikshank

2018 Lesley Prince

New staff hired to replace any of the above employees will assume the year scheduled for

that employee.

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