THIS AGREEMENT 111 BETWEEN: YORK … Estate and Rental...BETWEEN: YORK CONDOMINIUM CORPORATION NO. 111 ... York Condominium Corporation No.111 ... lay-off, recall, promote, demote,

THIS AGREEMENT made and entered into this 4111 day of April, 2017.

BETWEEN:

YORK CONDOMINIUM CORPORATION NO. 111

-and-

(hereinafter referred to as "the Employer") OF THE FIRST PART

LIUNA LOCAL 183 (hereinafter referred to as "the Union")

OF THE SECOND PART

ARTICLE 1 - GENERAL PURPOSE

1.01 The purpose of this Agreement is to establish an orderly collective bargaining

relationship between the Employer and the employees concerned and to provide an orderly

procedure for the prompt and equitable disposition of grievances and to establish and maintain

satisfactory working conditions, hours-of-work and wages for all employees within the bargaining

unit, and to secure the efficient operation of the Employer's business without interruption or

interference with work. It is the desire of the parties hereto to co-operate fully, individually and

collectively for the advancement of the said conditions.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 This Agreement shall apply to all employees in the bargaining unit engaged in

Superintendent and maintenance at 10 Sunny Glenway, Don Mills, Ontario, and 5, 25, 35, 40, 50

and 55 Town Houses "Chapel Glen", save and except Property Manager, Supervisor, office and

clerical staff, and students hired during the school vacation periods.

2.02 The Employer recognizes Labourers' International Union of North America, Local

183 as the sole collective bargaining agent of those employees of the Employer who are covered

by this Agreement.

ARTICLE 3 - UNION SECURITY

3.01 Each of the pm1ies hereto agrees that there will be no discrimination, interference,

restraint or coercion exercised or practised upon any employee because of membership or

non-membership in the Union.

York Condominium Corporation No.1 11 (2016-2021) Employer __ Page 1

3.02 Employees who at the date of this Agreement are within the bargaining unit may

become members of the Union if they wish to do so.

3.03 The regular monthly Union dues shall, as a condition of employment, be deducted

from and checked-off from the wages of each employee employed in any position within the

bargaining unit described in Article 2 of this Agreement.

3.04 The monthly Union dues shall be equivalent to one point eight percent (1.8%) of

each employee's gross monthly earnings. The said monthly dues shall be accepted by the Union as

the regular monthly dues of those employees who are or may become members of the Union, and

the sum so deducted from non-members of the Union shall be treated as their contribution towards

the expense of maintaining the Union.

3.05 The Employer agrees during the lifetime of this Agreement to make such

deductions and to remit such deductions to the Secretary/Treasurer of the Union not later than the

fifteenth (15111) day of the month following the month in which the deductions are made.

3.06 The Employer shall, when forwarding such dues, provide a list for the

Secretary/Treasurer of the Union, listing the names and corresponding Social Insurance Numbers

of the employees from whose pay such deductions have been made.

3.07 The Union will save the Employer hannless from any claims that may arise either

from any deduction for wages in respect of check-off of monthly assessments or any action taken

at the request of the Union.

3.08 No employee covered by this Agreement shall be laid-off, reclassified or suffer a

monetary loss as a result of the contracting-out work.

ARTICLE 4- STRIKE AND LOCK-OUTS

4.01 The Union agrees that for the duration of this Agreement or any extensions thereof,

it will not cause, direct, or consent to any strike action on the part of the employees represented by

the Union, nor shall any employee(s) threaten an unlawful strike and that if such action should be

York Condominium Corporation No.111 (2016-2021) Employer _ _ Page2

taken by the employees, the Union will instruct the said employees to return to work and perfonn

their usual duties and to resort to the Grievance Procedure established herein for the settlement of

any complaint or grievance. If any such employee shall strike he/she will be subject to disciplinary

action or dismissal and such shall not be the subject of a grievance to be dealt with as hereinafter

provided.

4.02 The Employer agrees that it shall not threaten an unlawful lock-out of any

employee(s) and that there will be no lock-outs of its employees for the duration of this Agreement

or any extension of the same.

4.03 For the purpose of this Agreement a strike shall be deemed to include an intentional

slow down, any intentional interruption of work, or suspension of work, any stoppage, picketing

or other collective interference with service or entry to the Employer's property. The words

"strike" and "lock-out" as used herein are also agreed to have the meanings defined in the present

Ontario Labour Relations Act, R.S.O. 1980 Chapter 228.

ARTICLE 5 -MANAGEMENT RIGHTS

5.01 The Union recognizes and acknowledges that all management rights and

prerogatives are vested exclusively with the Employer and without limiting the generality of the

foregoing, the Union acknowledges that it is the exclusive function of the Employer:

(a) to determine and establish standards and procedures for the care and

maintenance of the Employer's premises;

(b) to maintain order, discipline, efficiency and in connection therewith to

establish and enforce reasonable rules, regulations, policies and practices

from time-to-time to be observed by its employees. The Employer reserves

the right to amend or introduce new rules from time-to-time;

(c) to select, hire, transfer, lay-off, recall, promote, demote, classify, assign

duties, retire, select employees for positions excluded from the bargaining

unit, discharge, suspend, or otherwise discipline employees for just cause;

provided that a claim of discriminatory transfer, promotion, demotion, or

classification or a claim that an employee who has completed probation has

been discharged or disciplined without just cause, may be the subject of a

grievance and dealt with as hereinafter provided;

(d) to have the right to plan, direct and control the work of the employees and

the operations ofYork Condominium Corporation No. 111. This includes

the right to introduce new and improved methods, facilities, equipment and

to control the amount of supervision necessary, combining or splitting up of

work schedules, and the increase or reduction of personnel in any particular

area or on the whole, and the number of employees required for the

Employer's purposes;

(e) to exercise any of the rights, powers, functions or authority which the

Employer had prior to the signing of this Agreement except as those rights,

powers, functions or authorities are specifically abridged or modified by

this Agreement;

(f) to establish and administer reasonable tests for the purpose of assisting the

Employer in detennining an employee's qualifications and require medical

examinations for any reason;

(g) to detennine the location of the operations, and their expansion or their

curtailment, the schedules of operations, the number of shifts, job content;

combine or abolish job classifications; determine the qualifications of an

employee to perfonn any particular job; decide on the number of employees

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

starting and quitting times, when overtime shall be worked and require

employees to work overtime; the determination of financial policies,

including general accounting procedures.

5.02 It is agreed that these functions shall not be exercised in a manner inconsistent with

the express provisions of this Agreement. The exercise of any of the above rights may be the

subject of a grievance and/or arbitration only if they are exercised contrary to the express

provisions of this Agreement.

York Condominium Corporation No.111 (2016-2021) Employer __ Page 4

ARTICLE 6- REPRESENTATION

6.01 (a) The Employer acknowledges the right of the Union to appoint one (1) Union

Steward;

(b) The Union shall be required to notify the Employer in writing of the identity of the

Steward and the Employer shall not be obliged to recognize such Steward until he

has been so notified;

(c) A Union Steward shall have a minimum of six ( 6) months seniority prior to his/her

appointment.

6.02 The Union acknowledges that the Steward has regular duties to perform on behalf

of the Employer and that such person must continue to perform his/her regular duties and that so

far as possible all activities of the Steward will be carried on outside regular working-hours, unless

otherwise mutually arranged.

6.03 The Business Representative of the Union shall have access to the premises of the

Employer during working-hours for necessary Union business, but in no case shall his/her visit

interfere with the progress of the employee's work. The Union Business Representative shall be

required to advise the Employer or his/her authorized agent of an intended visit in advance, and

will first advise and identify himself/herself to the authorized agent of the Employer prior to

entering onto the premises.

6.04 The Union Steward shall be the last person laid-off in his classification and the first

recalled in his/her classification provided that he/she is willing and capable of performing the job.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 The immediate attention to complaints and grievances is of the utmost importance.

Properly constituted grievances may be processed through the following procedures:

York Condominium Corporation No.lll (2016-2021) Page 5

STEPNO.l

Within five (5) working-days after the alleged grievance incident, the aggrieved may present the

grievance to an immediate supervisor, either in writing or orally. Should no settlement satisfactory

to the aggrieved be determined within five (5) working-days, the next step of the Grievance

Procedure may be implemented within five (5) working-days following.

STEP NO.2

The aggrieved, through an authorized Union Representative, may submit the grievance to an

authorized agent of the Employer, in writing, and the responsible parties shall meet within five (5)

working-days following. Should no settlement satisfactory to the aggrieved be determined within

five (5) working-days following, the grievance may be submitted to Arbitration within five (5)

working-days following, as provided in Article 5 - Arbitration.

7.02 Grievances pertaining to alleged violation of hours-of-work, rates-of-pay,

overtime, vacation with pay and other monetary items, may be submitted within three (3) months

of such alleged grievance incident.

7.03 Satisfactory judgment of such grievances may be retroactive from the first day of

the grievance incident.

7.04 Employees with less than three (3) months' service (probationary employees) may

submit grievances pertaining only to alleged violations of monetary matters.

7.05 It is herein agreed that immediately upon expiry of any of the time periods allowed

in any of the Steps of the procedure and with no action being taken, the grievance is considered

abandoned.

ARTICLE 8- SUSPENSION- DISCHARGE GRIEVANCE

8.01 An employee who is discharged shall be given a reasonable opportunity to

telephone his/her Business Representative at the Union office before leaving the Employer's

premises.


8.02 In the event an employee who has completed probation and is discharged or

suspended from employment and the employee feels that the discharge or suspension is unjust, the

case may then be taken up as a grievance.

8.03 An employee who has completed probation and who is discharged or suspended for

more than three (3) working-days may file a grievance at Step No.2 of the Grievance Procedure

within three (3) working-days after notice of the discharge or suspension was given or within three

(3) days after the employee ceases to work for the Employer, whichever is the earlier. Such

grievance may be presented in writing, dated and signed by the employee.

8.04 An employee who has completed probation and who has been suspended for three

(3) working-days or less shall take tlp his/her grievance at Step No. 1 of the Grievance Procedure.

8.05 Such special grievances may be settled by confinning the Employer's action in

dismissing the employee, or by reinstating the employee in a manner that is just and equitable in

the opinion of the conferring parties, or the Board of Arbitration as the case may be.

ARTICLE 9 -EMPLOYER'S GRIEVANCE

9.01 The Employer may institute a grievance, consisting of an allegation of a general

misinterpretation or violation by the Union or any employee covered by this Agreement, in writing

dated and signed by forwarding a written statement of said grievance to the Business Agent of the

Local of the Union, providing it is presented within ten (1 0) working-days after the circumstances

giving rise to the grievance have originated or occurred. A meeting will then be held between the

Employer and the Business Agent within ten (1 0) working-days. When submitting the grievance

the Employer shall specify at least three (3) alternative days, and reasonable times and places at

which the meeting may be held. Failure to hold the meeting shall be a deemed to be a denial of

the grievance. The Business Agent of the Union shall give his/her decision in writing within ten

(1 0) working-days after the meeting. Failure to render such decision shall be deemed to be a denial

of the grievance. Failing settlement, a grievance may be referred to arbitration by the Employer

by written Notice oflntent delivered in accordance with Step No. 3 of the Grievance Procedure.


ARTICLE 10- UNION POLICY GRIEVANCE

10.01 The Union may institute a grievance consisting of an allegation of a general

misinterpretation or a violation by the Employer of this Agreement, in writing at Step No.2 of the

Grievance Procedure, providing that it is presented within ten (10) working-days after the

circumstances giving rise to the grievance have originated or occurred. However, it is expressly

understood that the provisions of this clause may not be used to institute a grievance directly

affecting an employee or employees which such employee or employees could themselves initiate

and the regular Grievance Procedure shall not be thereby by-passed.

ARTICLE 11 -ARBITRATION

11.01 Where a difference anses between the parties relating to the interpretation,

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

arbitrational, or where an allegation is made that this Agreement has been violated, either party

may after exhausting any Grievance Procedure established by this Agreement, notify the other in

writing of its desire to submit the difference or allegation to arbitration.

11.02 Within thirty (30) calendar days of the date of receipt of a request for arbitration,

the parties shall endeavor to agree on the name of an Arbitrator. If an agreement is not reached,

the pmiy requesting arbitration may then request to the Ministry of Labour to appoint an Arbitrator

and advise the other party accordingly. Such request to the Ministry of Labour must be made no

later than fourteen (14) calendar days following the thirty (3) day period referred to in this

paragraph.

11.03 The Official Arbitrator shall hold a hearing ten (I 0) working days from the date of

receiving Notice to Arbitrate or on a mutually agreeable date to all patiies involved.

11.04 The Arbitrator shall, after hearing all of the evidence and submissions from all

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

Reasons for the decision need not be given at the time of decision but shall be

provided within a reasonable period of time thereafter.


11.05 The Arbitrator shall be provided with written records containing details of the

grievance, the section or sections of the Agreement which are alleged to have been violated and

the requested remedy, none of which is subject to change.

11.06 The Arbitrator shall not have the power to alter or change any of the provisions of

this Agreement; or to substitute any new provisions for any existing provisions; nor to render nay

decision inconsistent with the tenns and provisions of the Agreement.

11.07 Statutory Holidays, Saturdays and Sundays shall be excluded from the times

provided for the various steps. Time limits may be adjusted by agreement of the parties concerned.

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

11.09 All agreements under the gnevance and arbitration proceedings between the

Employer and its representatives and the Union and its Representatives, will be final and binding

upon the Employer, the Union and the employee(s) involved.

11.10 Any grievance involving the interpretation or application, administration or alleged

violation of this Agreement, which has been disposed of hereunder, shall not be made the subject

of another grievance. No costs of any arbitration shall be awarded to or against any party.

11.11 The foregoing shall not preclude either party to this Agreement from exercising

their rights under Section 44 of the present Ontario Labour Relations Act as amended from time

to-time.

ARTICLE 12 - SENIORITY

12.01 Seniority is defined as the duration of an employee's service with his or her present

Employer, from the date the employee starts to work, and all things being equal, shall be the

detennining factor governing order of lay-off and/or recall.


12.02 Seniority shall operate on a basis of Job Classification and within the Employer's

specific building (which is not part of a complex of buildings referred to in Schedule "A" hereto,

as the same may be amended or added to from time-to-time), or complex of buildings as the case

maybe.

12.03 During the first ninety (90) calendar days of his/her employment excluding leaves

of absence, a new employee shall be recognized as being a probationary employee and may, during

such probationary period, be laid-off, disciplined, suspended or discharged without cause as

exclusively determined by the Employer in it sole and absolute discretion.

12.04 Seniority shall be retroactive to the first day of employment after the probationary

period is completed.

12.05 Seniority of employees who may be laid-off and subsequently rehired shall be

determined by the actual net time on the Employer's payroll and subject to all of the conditions of

Article 12 - Seniority.

12.06 Any employee who has been off the payroll for a continuous period of twelve (12)

months or more shall lose all previously established seniority rights, and if subsequently rehired,

shall be considered as a new employee.

12.07 Authorized leaves of absence, sickness and recognized holiday periods shall not be

deducted from an employee's length of service.

12.08 Seniority shall be discontinued if an employee:

(a) Voluntarily tenninates employment;

(b) Is discharged for reasonable cause and ts not reinstated through the

Grievance and Arbitration Procedure;

York Condominium Corporation No.111 (2016-2021) Page 10

(c) Is absent from work for five (5) consecutive working-days without proper

notice to the Employer; and does not, subsequently, provide a reason

acceptable to the Employer;

(d) Fails to report for work within five (5) working-days after recall by the

Employer.

ARTICLE 13 -JOB POSTING

13.01 In the event new jobs are created or vacancies occur in existing job classifications,

unless the Employer notifies the Union that it intends to postpone or not fill the vacancy, the

Employer will post such new jobs or vacancies for a period of two (2) working-days before new

employees are hired in order to allow employees with seniority to apply.

13.02 Until the vacancy is filled resulting from the job posting provisions, the Employer

is free to fill the vacancy on a temporary basis as he/she sees fit.

13.03 If no applications are received by the end of the second day following the posting,

the Employer may start proceedings to secure pennanent applications for the vacancy from outside

labour forces.

13.04 In the event one (1) or more employees apply, the Employer shall consider the

qualifications, experience, attitude, ability and seniority of the applicants. Where the other factors

are relatively equal, the applicant with the greatest seniority shall fill the vacancy. The Employer

reserves the right to hire outside help provided that in its opinion the applicants are not capable of

perfonning the work required.

13.05 The Union acknowledges that in matters of promotions or transfer within the

Employer's premises, the Employer's considered judgment as to the efficiency and suitability of

any employee for any particular task must be accepted and that the function of the Union in dealing

with complaints or grievances arising out of such promotions or transfers will generally consist of

satisfying itself that the aforesaid procedures have been followed, and that all relevant facts and

circumstances have been adequately considered by the Employer. Any grievance arising out of

promotions or transfers shall be confined to these considerations.


13.06 (a) A successful applicant shall be placed on trial in the new position for a

period of ninety (90) calendar days excluding leaves of absence. Such trial

promotion or transfer shall become permanent after the trial period unless:

(i)

(ii)

(iii)

the employee, at any time in the trial period mentioned

above, feels that he/she is not suitable for the position and

wishes to return to his/her former position; or

the Employer at any time within the trial period mentioned

above, feels that the employee is not suitable for the position

and requires that he/she return to his/her former position;

In the event of either (i) or (ii) above, the employee will

return to his/her fanner position and salary without loss of

seniority. Any other employee promoted or transferred as a

result of the rearrangement of positions shall also be returned

to his/her former position and salary without loss of

seniority.

(b) The above provisions shall also apply in the event of a transfer to a position

outside the bargaining unit. It is understood however, that no employee

shall be transferred to a position outside the bargaining unit without his/her

consent.

ARTICLE 14- HOURS-OF-WORK

14.01 The following provisions are intended to define the normal hours-of-work for

employees but shall not be interpreted as a guarantee of hours-of-work per day, or per week, or

days of work per week.

York Condominium Corporation No.111 (2016-2021) Union Employer __ Page 12

14.02 Clea.ne.rs & Housekeepers: The regular work-week shall be forty (40) hours and

the regular working-day shall not exceed eight (8) hours. The work-week shall be any five (5)

days out of six (6). Work for Sunday shall be at the rate of one and one-half (1 V2) times the regular

rate-of-pay, if and when applicable.

14.03 (a)

(b)

Housel{eepers: Those employees who do, among other things, the following types

of work: vacuuming and dusting; cleaning glass and mirrors; cleaning garbage

room drops; cleaning laundry rooms and amenities; cleaning elevators, etc.

Cleaners: Those employees who do, among other things, the following types

of work: local snow removal; heavy washing of floors, garbage removal, etc.

14.04 Resident Superintendent and Assistant Superintendent

Each Resident Superintendent shall be entitled to two (2) days-off each week as

well as every other evening-off, as can be mutually agreed upon, but failing agreement, the

Employer shall schedule the days- and evenings-off, and such scheduling shall be in the absolute

discretion of the Employer.

It is agreed that while one Resident Superintendent shall be on his/her days-off or

evenings-off, the other Resident Superintendent shall replace him/her and shall be responsible for

perfonning any work that is assigned by the Employer.

At no time will a Resident Superintendent have a day-off or an evening-off while

there is no Resident Superintendent available to replace him/her. A Resident Superintendent shall

be on duty at all times.

Nothing in this Article shall be construed to mean that there shall be at least two (2)

Resident Superintendents employed at all times.

14.05 Common Conditions for All Resident Superintendents

1. One 2-bedroom apartment with telephone and one (1) underground parking

space shall be provided without direct charge; however, subject to the


provisions of The Income Tax Act, as it relates to taxable benefits; and is

included exclusively as part remuneration for the position of Resident

Superintendent and Assistant Superintendent.

2. Said 2-bedroom apartment need not be provided under the following

conditions:

(i) where a given building is without 2-bedroom apartments;

(ii) where alternate office facilities have been provided for the Resident

Superintendent;

(iii) where a precedent for other accommodation has been previously

established.

3. An alternate parking space shall be provided if a given building is without

underground parking.

4. A Resident Superintendent's spouse shall neither be required by an

Employer to perform any bargaining unit work nor shall he or she, as the

case may be, perform such work at any time except as follows:

(i) by mutual agreement of the Employer and such spouse in which

event the subject Collective Agreement shall in all respects apply to

the said spouse and the work perfonned by him or her;

(ii) a Resident Superintendent's spouse may, at the request of such

Resident Superintendent, substitute for the said Resident

Superintendent in the performance of any pmi of the said

Superintendent's nonnal and regular duties. In the event the

Resident Superintendent's spouse substitutes for the said

Superintendent as aforesaid then the subject Collective Agreement

shall not apply while the spouse is performing such work.


ARTICLE 15- CALL-OUT, REPORTING ALLOWANCE AND OVERTIME

15.01 Cleaners:- Overtime shall be paid to the cleaners, for all hours worked over eight

(8) hours in a shift and forty ( 40) hours per week at the rate of time and one-half ( 1 'li) the cleaner's

regular rate-of-pay. All overtime must be authorized by the Employer or his/her designated

representative, if and when applicable.

15.02 Overtime shall be based upon the cleaner's regular rate-of-pay and there shall not

be any pyramiding of overtime under this Article. (Overtime and paid holiday, etc.)

15.03 It is understood that the hourly paid employee shall be paid a minimum of one (1)

hour pay for such call.

15.04 A salaried employee, resident in the building, who is directed to report to work at

any time other than a time within the regularly scheduled shift shall be paid at one and one-half

(1 'li) times the regular pro-rated weekly salary for the amount of time worked for each call.

Further, notwithstanding the above, the Employer may arrange for other time-off in lieu of the

above.

15.05 A Resident Superintendent shall respond to a call-out concerning the following:

a) flood, other than those a tenant can stop;

b) total loss of power in a unit;

c) total loss ofheat in a unit;

d) fire or fire alarm, false or not; e) tenants locked-out, at the employee's discretion;

f) personal injuries in common areas;

g) the lock-out of elevators required for tenant's moves;

h) garage door malfunctions;

i) plugged garbage chutes;

j) loss of domestic hot water;


k) any additional emergency.

15.06 A salaried employee's regular shift shall be of a continuous eight (8) hours worked

anytime between the hours of eight (8) o'clock a.m. and five (5) o'clock p.m. Regular shifts shall,

when employees are on duty include Saturdays and Sundays. No overtime shall be paid for hours

worked between eight (8) o'clock a.m. and five (5) o'clock p.m.

ARTICLE 16- RELIEF PERIODS

16.01 Employees shall be allowed one (1) paid fifteen (15) minute rest period for each

four (4) hours worked.

16.02 There shall be a one (1) hour unpaid lunch period permitted daily, for cleaners who

are required to work more than five (5) hours in a shift.

ARTICLE 17- LEAVE OF ABSENCE

17.01 The Employer shall have the discretion to grant a leave of absence without pay for

extenuating personal reasons provided that the Employer receives at least three (3) month's

advance notice in writing, and that such leave may be arranged without undue inconvenience to

the normal operations of York Condominium Corporation No. 111. Applicants when applying

must indicate the date of their departure and specify the date of their return.

17.02 Employees who are on leave of absence will not engage in gainful employment on

such leave, and if an employee does engage in gainful employment while on such leave, he/she

will forfeit all seniority rights and privileges in this Agreement, and shall be deemed to have

tenninated his/her employment.

17.03 An employee who has been granted a leave of absence of any kind and who

overstays his/her leave without permission of the Employer shall be considered to have tenninated

his/her employment without notice unless in the Employer's discretion a reasonable explanation is

given by the employee to the Employer.

17.04 No employee will accumulate seniority, vacation allowance, be paid for holidays,

nor will any other benefits in this Agreement accrue or be paid while the employee is on leave of

absence, but seniority established at the point ofleave will be reinstated on return to work.


ARTICLE 18- PAY DAYS

18.01 Pay Days will continue as per present practice.

ARTICLE 19- PAID HOLIDAYS

19.01 Employees who have completed their probationary period shall receive the

following Paid Holidays:

New Year's Day

Family Day

Victoria Day

Labour Day

Christmas Day

Boxing Day

Good Friday Canada Day

Thanksgiving Day

Remembrance Day

Civic Holiday

19.02 Holiday pay will be computed on the basis of the number ofhours the employee

would otherwise work had there been no holiday at his/her regular rate-of-pay.

19.03 In order to qualify for holiday pay, an employee must work his/her full scheduled

shift immediately preceding and immediately following the holiday.

19.04 Any employee scheduled to work on a holiday and who does not report for work

shall forfeit his/her holiday pay unless he/she is excused by the Employer.

19.05 It is agreed that the Resident Superintendents are employed in a continuous

operation so as to maintain the highest standard of maintenance of the Employer's premises.

19.06 (a) Resident Superintendents who are required to work on any of the above mentioned

holidays shall be paid at the rate of one and one-half (llh) times the employee's

regular hourly wage for each hour worked.

(b) Cleaners who are required to work on any ofthe above mentioned holidays except

for the float holidays shall be paid at the rate of one and one-half (llh) times the

employee's regular hourly wage for each hour worked.


19.07 If one of the above named holidays occurs during an employee's vacation period,

one (1) extra day with holiday pay will be added to the vacation at the request of the employee.

Failing such request, the Employer may schedule a lieu day or pay an additional day's pay.

19.08 If another federal, provincial or municipal holiday should be proclaimed during the

tenn of this Agreement, such additional proclaimed holidays will replace one (1) of the Paid

Holidays specified above which is not a Statutory or Float Holiday and which has not yet been

observed in the year in question. The intent is that there will be no more than ten (1 0) paid holidays

per calendar year for the duration of this Agreement.

ARTICLE 20 - VACATIONS

20.01 For the purpose of calculating eligibility, the vacation year shall be the period from

July 1st, of any year to June 30th of the following year.

20.02 Periods of which employees shall take vacations shall be based on the selection by

the employees according to seniority but shall be finally determined by the Employer having due

concern for the proper operation of the Employer's premises.

20.03 Vacations are not cumulative from year-to-year and all vacations must be taken by

April 30th, following the June 30th cut-off date.

20.04 Employees who have not completed their probationary period as of the June 30th

cut-off will receive no scheduled vacation but shall receive vacation pay equal to four percent ( 4%)

of their gross earnings during the vacation year.

20.05 (a) Each employee who has completed probation and who has less than two (2) years

of seniority as of June 301h cut-off date shall be entitled to one (1) day of vacation

for each full month of services as of the cut-off date to a maximum of two (2)

calendar weeks of scheduled vacation time with pay equal to four percent (4%) of

the gross earnings of the employee during the vacation year.

York Condominium Corporation No.111 (2016-2021) Union Employer __ <.-'"""-=-

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20.06

(b) Employees with more than two (2) years ofseniority as ofthe cut-off date but less

than five (5) years seniority shall receive three (3) calendar weeks of scheduled

vacation with pay equal to six percent (6%) of the gross earnings during the

vacation year.

(c) Employees with more than ten (10) years of seniority as ofthe cut-off date shall

receive four ( 4) calendar weeks of scheduled vacation with pay equal to seven (7%)

percent of the gross earnings during the vacation year.

(d) Employees with more than twenty-five )25) years of seniority as of the cut-off date

shall receive (5) calendar weeks of scheduled vacation with pay equal to ten (1 0%)

percent;

An employee who leaves the employ of the Employer due to separation or lay-off

shall receive his/her vacation pay based on his/her gross earnings between the most recent July 1st

and the date of separation or lay-off. Employees shall receive vacation pay no later than the first

regular pay period following termination of employment.

20.07 Employees vacation pay remuneration shall be submitted to them on the first

payday immediately after July 1st of each calendar year following the date of the employee's initial

employment.

ARTICLE 21- HEALTH AND SAFETY

21.01 The Employer and the Union agree that they mutually desire to maintain standards

of safety and health in the Employer's premises in order to prevent injury and illness.

21.02 The Employer, the Union and the employees will co-operate in the prevention of

accidents and enforce of safety rules on the Employer's premises.

York Condominium Corporation No.111 (2016-2021) ~ Employer __ Page 19

ARTICLE 22 - BENEFITS

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

the Employer, who are covered by this agreement to the Local 183 Industrial Benefit Fund, for the

purpose of purchasing Plan A, plus applicable taxes, the employer further agrees to deduct the

employee's co-payment and include in the monthly remittances as follows: (each party is

responsible for their own applicable taxes)

March 1, March 1, March 1, March 1, March 1, 2016 2017 2018 2019 2020

Employer $255.00 $255.00 $260.00 $265.00 $265.00 Contributions

Employee's $0 $0 $5.00 $5.00 $5.00 Contributions

It is understood that the Employer shall not be constructed to be an insurer nor shall it have any

liability other than making the payment as aforesaid to the Trust Fund that the union agrees to

indemnify and save harmless the Employer against any or all claims which may be made against

in respect of any claims by an employee for the insurance coverage provided herein. Remittances

are to be forwarded to the Trust Fund by the fifteenth (15th) of each month. Remittances that are

not submitted on time will be subject to a two percent (2%) charge.

22.02 Pension:

The Employer agrees to pay into the Labourers' Pension Fund of Central and

Eastern Canada based on a flat contribution of one hundred and fifty hours ( 150) hours per member

the following:

March 1, 2016 $1.30/hr

March 1, 2017 $1.30/hr

March 1, 2018 $1.30/hr

March 1, 2019$1.30/hr

March I, 2020 $1.30/hr


The Employer shall remit contributions to the Labourer's Local 183 Member's Pension Fund

monthly, together with a duly completed Employer's Report Fonn, by the fifteenth (15th) of the

month following the month for which the payment is due. Each monthly contribution shall include

all obligations arising from hours worked up to the close of the Employer's payroll ending nearest

to the last day of the preceding month.

22.03 Retirement Fund:

The Employer agrees to pay for each hour of regular time worked by each employee

covered by this Agreement into the Labourers' Local 183, Retiree Benefit Fund, the following

sums:

March 1, 2016 $0.02/hr

March 1, 2017 $0.02/hr

March 1, 2018 $0.02/hr

March 1, 2019 $0.03/hr

March 1, 2020 $0.03/hr

The Employer shall remit contributions to the Labourer's Local 183 Retiree Benefit

Trust Fund monthly, together with a duly completed Employer's Report Fom1 by the fifteenth

(15th) of the month following the month for which the payment is due. Each monthly contribution

shall include all obligations arising from hours worked up to the close of the Employer's payroll

ending nearest to the last day of the preceding month.

The Employer's responsibility and liability for the Pension and Retirement Funds

are set out above is strictly limited to the obligation to make contributions as set out in the relevant

provision.

22.04 Casual employees shall not be entitled to the benefits and shared cost aiTangements.

ARTICLE 23 -JURY DUTY

23.01 The Employer shall grant leave of absence with pay to an employee who serves as

a JUror. The employee shall notify the Employer as soon as possible after selection for jury duty.

Each employee serving such jury duty shall be required to provide to the Employer, satisfactory

proof of such duty being served.


23.02 The employee shall come to work during those regularly scheduled hours that

he/she is not required to attend at court.

ARTICLE 24 -BEREAVEMENT LEAVE

24.01 When a death occurs in the immediate family of an employee who has completed

the probationary period, the employee shall be granted absence of three (3) days ending with the

day following the funeral. The employee shall be paid for shifts during the leave he otherwise

would have worked. Upon completion of probation, any employee who is otherwise entitled but

did not receive bereavement leave will be paid in accordance with the foregoing.

24.02 Where the burial occurs outside the Province of Ontario, such leave shall also

include reasonable travelling time without pay.

24.03 Immediate family shall be defined as "parent", "spouse", "child", "brother",

"sister", "grandchild", "parent-in-law", "grandparent", "daughter-in-law or son-in-law"

24.04 Bereavement Leave is to apply only where the employee is in attendance at the

funeral, and pay for such absence is limited to actual scheduled working-days and does not include

pay for normal days off.

24.05 An employee may be required to provide satisfactory proof of death to substantiate

his/her claim.

24.06 In addition to three (3) days' leave of absence with pay, the Employer will not

unreasonably withhold pem1ission for a fu1iher leave of absence with pay

ARTICLE 25 - PROTECTIVE CLOTHING

25.01 The Employer will provide protective clothing, where necessary, for the employee's

use.

25.02 The Employer will supply protective clothing and uniforms at no cost to the

employees in the bargaining unit if the job required at the time necessitates such clothing, e.g. in

case of painting duties overalls or coat may be required.

York Condominium Corporation No.111 (2016-2021) U~Employer __ Page 22

ARTICLE 26 -INABILITY TO PERFORM WORK DUE TO AGE OR INFIRMITY

26.01 Employees who are unable to perfonn their customary or traditional work, owing

to age or infirmity, shall be given consideration, at the sole discretion of the Employer, for work

within such employee's capabilities and qualifications. If such employees are capable of

performing duties that have been assigned to them by the Employer, their employment shall be

continued until such time as they are not so capable in the Employer's own discretion at which

time they shall be retired.

ARTICLE 27 - NOTICE

27.01 Any notice to any employee under this Agreement may be given personally or by

prepaid registered post addressed to the employee at his/her last known address on the Employer's

records or by telegram and such notice shall be deemed to have been given when delivered to the

postal or telegraph authorities.

ARTICLE 28- INVALIDITY

28.01 In the event of any legislation now in force or hereafter enacted invalidating the

application of any section or article of this Agreement, the remainder of this Agreement shall

remain in full-force and effect.

ARTICLE 29- JOB CLASSIFICATION AND RATE-OF-PAY

29.01 Employees covered by this Agreement shall be classified according to Schedule

"A" appended hereto and shall be paid not less than the rate indicated for the classifications in that

Schedule.

ARTICLE 30- INTERPRETATION

30.01 The word "employee" or "employees" as used in this Agreement shall mean the

employees refened to in Article 2 of this Agreement, who are within the bargaining unit for whom

the Union is recognized as the bargaining agent.


30.02 A casual employee is one who is called-in to work occasionally, usually on a "call"

basis, but who does not work a regular schedule or does so only for a specified period, but not for

the purpose of depriving another employee of employment. The terms of this Agreement shall not

apply to the casual employee.

30.03 The terms "regular-pay" and "straight-pay" when used in this Agreement shall

mean these amounts indicated in the wage classification shown in Schedule "A" only, and shall

not include any amounts other than those hourly earnings.

30.04 Whenever the singular, masculine or feminine is used in this Agreement, it shall be

considered as if the plural masculine or feminine has been used where the context of the party or

parties hereto so require.

ARTICLE 31- NO PYRAMIDING

31.01 In no event shall there be pyramiding of benefits or payments.

ARTICLE 32 -NON-DISCRIMINATION

32.01 The Employer shall not discriminate against employees with respect to terms or

conditions of employment on the grounds of race, creed, colour, age, sex, marital or parental status,

religion, nationality, ancestry or place of origin, Union membership or activity, family relationship,

place or residence, political affiliation or activities or sexual orientation.

ARTICLE 33- DURATION

33 .01 This Agreement shall be effective from February 29th, 2016 and shall continue in

effect until February 28th, 2021, and shall remain in effect from year-to-year thereafter unless

either party gives to the other party written notice of tennination or desire to amend this

Agreement.

33 .02 Notice that amendments are desired or that either party wishes to amend this

Agreement may only be given within the period of not more than ninety (90) days prior to the

expiration date of this Agreement or to any anniversary of such expiration date.

York Condominium Corporation No.111 (20 16-2021) Union Employer __ Page 24

3 3. 03 During the period of negotiation resulting from any of the provisions above, this

Agreement shall remain in full force and effect.

DATED at Toronto, Ontario, this 2 tJ9 day of '2017.

IN WITNESS WHEREOF the parties have signed this Agreement.

YORK CONDOMINIUM CORPORATION NO. 111

~ SW5ii/I)A CMf, tf/16

S £ e.~ ~ "T A fl. "/

York Condominium Corporation No.lll (2016-2021)

FOR THE UNION

Union ~Employer __ Page 25

SCHEDULE"A"

WAGES & WORIUNG CONDITIONS FOR RESIDENT SUPERINTENDENT

1. Resident Superintendent

Current March 1, March 1, March 1, March 1, March 1, Wages 2016 2017 2018 2019 2020

0% 0% 2.00% 2.00% 2.00% Resident Superintendent

Probation $2,422.75 $2,422.75 $2,422.75 $2,471.21 $2,520.63 $2,571.04 Apartment & Townhouse Unit Resident Superintendent After

$2,623.20 $2,623.20 $2,623.20 $2.675.66 $2,729.18 $2,783.76 Apartment & Probation Townhouse Unit

York Condominium Corporation No. III (2016-2021) Employer __ Page 26

Suoerintendent Duties REQUIRED -Dailv Schedule Weeklv Schedule Monthly Schedule

Inspect Boilers and mechanical equipment and log all readings, troubleshoot problems, carry

Inspect all townhouse walks and stairwells Perform and log monthly life safety. out minor repairs and preventative

maintenance. inspect all roof top fans, replace faulty belts

Replace burnt out lights and exit signs Inspect all extinguishers, hoses, fire alarm

and carry out preventative maintenance panels and emergency lighting batteries inspect pool area and maintain proper water

backwash pool filter and maintain water at temperature, drain compressor and stock

desired level Lubricate all mechanical motor pumps

washrooms "inspec-i fire sprinkler system, log readings for

Mail delivery to board of directors check and adjust al"ltime clockSfor proper

sprinkler, fire and water booster system operation and daylight hours inspect all laundry rooms for leaks, defective machines and vandalism report to property Check all locker rooms to ensure no debris in Drain drip drums in underground parking

management and laundry maintenance hallways garage company.

ensure all main locker doors are secured update manager on events of past week inspect garage for e\oidence of leaks, remove any water puddles, check and replace burnt re\oiew any outstanding work

out lights

Assist trades by pro\oiding access so that they ad\oise manager on any overtime hours Other Duties may complete their work in a timely fashion

Carry out repairs to the common elements of check elevators for proper operation the corporation and in-suite work which is

1-· - -- required under the declaration Open and close the gate for garbage truck

call for repairs when necessary access on Tuesdays and Fridays

removal of litter from common elements Follow procedures for residents mo\oing in and including parking lots, driveways, grass areas, out. Inspect elevator and walls for any damage

courtyard and lobbies and ad\oise office. inspection oftownhouse fire system, domestic

~ .. .... ,_,..,,

hot water, mechanical rooms, elevators, Inspect party room prior to and after any rental lobbies and lockers

update manager on status of on going repairs, Replace defective shut off valves in suites

maintenance. etc. Inform manager of any defects noted while

Window screen replacement walking the complex

Change any burnt out light bulbs and ballasts Changing of common area locks and key within all building and common areas cutting

Respond to emergency calls after 5:00pm and on weekends - ·- ·-·- ·--·· '_, , .. ___ ,_ ·- Remove graffiti fromaTicomili.Cin .. area-5-·-·-·-·

--·--·--·······-... ·· · ~'""""~ ' ,_,, "'~ ' "" """" "" '"' ' .. ~ ................. Maintain proper heat in all buildings during the

- ·-·--- ·-···· ·-·~· ·-- · -·~ ·- ·-·-··-·~··-

heating season

Mail delivery to onsite residents as necessary f--.· ...... _,_

OO.HO

Maintain common areas in a clean litterfree··· state. Clean garage ramps, sweep curbs

Minor painting and plastering to both interior and exterior common elements

Snow removal in the winter months from walkways, ramps, etc., apply salt. Ensure

clean safe surfaces for pedestrians. Carry out water conservation in-suite by

repairing leaky taps, toilets, etc. Minor asphalt repairs on common area road

and parking area ·-- ---·---"··---·-·- ·-· ··Request approval for all non-urgent overtime

-···-· work from manager. Open office on time and respond to owners

appropriately when required

York Condominium Corporation No.111 (2016-2021) Un~ Employer __ _ Page 27

Cleaning Related Duties - As Needed Daily Schedule Weekly Schedule Monthly Schedule

Entrance I Vestibule Entrance I Vestibule Lounge I Lobby Sweep under canopy Clean light fixtures Clean light fixtures

-clean door and window glass clean walls and cei lings

wash ...esllbule noor Loung_e Lobby clean nameplate a11d board . and fire paging

Clean exterior mailboxes Halls and Corridors board

Spot clean marks on walls Lounge I Lobby Elevators

~

clean ceilings

Clean doors and glass Clean fan wash light fixtures and baseboards as

required. was h lobby floor through to back· door clean ligh.ts and ceiling

vacuum mats and runners Stairways Halls and "corridors clean walls and ceilings

Elevators Wash tiles - twice weekly Clean light fixtures dean doors and frames Vacuum Garpets - iwice week ly clean buttons and plates Clean light fixtures - one floor per week Locker Rooms

clean walls clean garbage rooms- one floor per w-;ek Sweep floors

woah Ooora clean hose cabinets and fire extinguishers -

olean walla and ocilingo one floor per week

clean tracks Clean exit lights I doors - 1 floor per week Clean light fixtures

Halls I Corridors I Stairwells Stairways Garbage Rooms

Clean ashtrays Cle.an steps, landings, door stops~- tiand.raiis~-

Clean containers when empty posts, etc .

remc~oe litter -~_TIJUndry Roo.m

.. --. .. Moving Room

Laundry Room Clean ...entilation system. • Clean walls and ceilings and fixtures wash floors clean drains

clean machines, tubs and faucets Exterior Grounds clean lollet. Moving Room Clean light fixtures

empty waste receptac le Wash floor Other Common Elements

Sauna Rooms Party Room Sweep and generally clean Wash floors a11d hose inside of saunas Wash floors

clean showers, loilets and fixtures clean toilets, equipment, furniture, etc. Egul(!ment Malntenanc·e Grease laundry room fan e...ery 3 months

Garbago Room Office Grease garage door- all mo\ing items, grease

fans Hose doWn room vacuum carpet Check fire alarm paging system

change containers as required clean filters in all heating and air conditioning

units in common elements

Exterior grounds clean and check drains on roof and in grounds

including canopy roof Office put chemical in dog run {If required)

clean ashtrays, empty garbage and dUsl adjust timer for lights

Exterior Grounds Egul[!ment maintenance remO\e litter from grounds Test generator (if required)

empty garbage bins I patrol grounds each e~oen ing I Gymnasium vacuum carpets

Other Common Elements clean walls cheek all rooms and roofs clean mirror and light fixtures

patrol building each e~oening clean equipment

Egul[!ment Ma intenance check pump room pressure

Misce ll aneous I Repa.r bumt-out light bulbs as required I Other duties as rnay be assigned

I Minor repairs such as touch p<unting,etc.

York Condominium Corporation No.1 11 (2016-2021) Employer __ Page 28

Documents

THIS AGREEMENT 111 BETWEEN: YORK … Estate and Rental...BETWEEN: YORK CONDOMINIUM CORPORATION NO. 111 ... York Condominium Corporation No.111 ... lay-off, recall, promote, demote,