C O L L E C T I V E A G R E E M E N T THE CENTRE IN THE SQUARE INC. LOCAL No. 357 INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,

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1 C O L L E C T I V E A G R E E M E N T BETWEEN THE CENTRE IN THE SQUARE INC. AND LOCAL No. 357 OF THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA Effective June 1st, 2014 to May 31st, 2016 (Maintenance Employees)

2 TABLE OF CONTENTS ARTICLE ONE (1) PURPOSE... 1 ARTICLE TWO (2) RECOGNITION... 2 ARTICLE THREE (3) MANAGEMENT RIGHTS... 3 ARTICLE FOUR (4) ACCESS TO PREMISES... 4 ARTICLE FIVE (5) COMPLAINT AND GRIEVANCE PROCEDURE... 5 ARTICLE SIX (6) ARBITRATION PROCEDURE... 7 ARTICLE SEVEN (7) EMPLOYEES... 8 ARTICLE EIGHT (8) HOURS OF WORK ARTICLE NINE (9) SPECIFIED HOLIDAYS ARTICLE TEN (10) VACATION ARTICLE ELEVEN (11) LEAVES OF ABSENCE ARTICLE TWELVE (12) BENEFITS ARTICLE THIRTEEN (13) UNION DUES CHECK-OFF ARTICLE FOURTEEN (14) BEREAVEMENT AND JURY DUTY ARTICLE FIFTEEN (15) RATES OF PAY / WAGES ARTICLE SIXTEEN (16) HEALTH AND SAFETY ARTICLE SEVENTEEN (17) JOB POSTINGS, PROMOTIONS, SENIORITY, LAYOFFS, AND RECALL ARTICLE EIGHTEEN (18) STRIKE AND LOCK OUT ARTICLE NINETEEN (19) DURATION AND RENEWAL AND SIGNATURES APPENDIX A EMPLOYEE BENEFIT PROGRAMME APPENDIX B SICK LEAVE BENEFITS... 29

3 ARTICLE ONE (1) PURPOSE 1.01 It is the general purpose of this agreement to set forth the conditions of employment, the rates of pay, and the hours of work to which both parties have agreed and to provide a procedure for prompt and fair settlement of grievances The Board of Directors of the Centre In The Square Inc. shall be referred to hereinafter as The Centre and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of The United States, its Territories and Canada, Local No. 357, shall be referred to hereinafter as The Union. 1

4 ARTICLE TWO (2) RECOGNITION 2.01 The Centre recognizes the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories, and Canada, Local No. 357 as the bargaining agent for all maintenance employees of the Centre In The Square Inc. in the City of Kitchener, save and except supervisors and those above the rank of Supervisors, and office clerical employees Local 357, I.A.T.S.E. is a member of the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories, and Canada. Nothing in this contract shall ever be misconstrued so as to interfere with any obligation the Union owes to such International Alliance by reason of prior obligation. The foregoing shall in no event be construed or applied so as to contravene any applicable Federal, Provincial, or Municipal law. 2

5 ARTICLE THREE (3) MANAGEMENT RIGHTS 3.01 The Union recognizes that the Management of The Centre directs the control of its properties and premises The Centre shall have the right to make such rules and regulations as it may deem necessary for the conduct and management of the performances and working conditions; the right to the direction of its work force and to dismiss for cause subject to the grievance procedure. Further, the Union agrees that its members shall obey all rules and directions of any authorized representative of The Centre All matters concerning the operations of The Centre s business not specifically dealt with herein shall be reserved to the management and be its exclusive responsibility. Prior to implementation The Union will be advised of rules and regulation changes affecting members of Local 357 that are not covered by this collective agreement. 3

6 ARTICLE FOUR (4) ACCESS TO PREMISES 4.01 The Business Agent of The Union or his/her designated representative shall be admitted at all times, subject to normal Centre security provisions, to any area under the jurisdiction of the Union The Union will not engage in Union solicitation or engage in any other union activity on the premises at any time except with the permission of The Centre s Management. 4

7 ARTICLE FIVE (5) COMPLAINT AND GRIEVANCE PROCEDURE 5.01 Where a dispute arises in respect of any of the matters covered by this Agreement including, the interpretation, application, or administration of this Agreement, or whether a matter is arbitral, or where an allegation has been made that this Agreement has been violated, it is agreed that all possible means will be used to settle disputes within the framework of the Centre and The Union The time limits fixed in the Complaint and Grievance Procedures may be extended by written consent of the parties to this agreement. COMPLAINT: 5.03 Whenever an employee wishes to register a complaint, they shall do so within five (5) days from the time the circumstances upon which the complaint is based were known or ought to reasonably have been known to the complaining party. The employee will discuss the complaint with Centre Management, in the presence of a Union Steward if the employee wishes. If no resolution is reached within two (2) days of the complaint, the complaining party may refer the complaint to grievance as outlined in Article GRIEVANCE: 5.04 a) Particulars of any grievance shall be set out in writing and presented to the opposite party within seven (7) days after failure to resolve a complaint. In the case of the grievance by an employee or by The Union, the written grievance shall be presented to the Centre Management of The Centre and, in the case of a grievance by The Centre; the grievance shall be presented to the Business Agent of The Union. b) Within five (5) days of the presentation of the written grievance, the parties shall meet to attempt to resolve the grievance. If no resolution is reached within two (2) days of the meeting, then the grieving party may refer the grievance to arbitration in accordance with Article Six (6). c) Any employee grieving must be notified, and may attend, or may be required to attend, at the request of either party, any meeting scheduled in accordance with Article 5.04 (b) A claim by an employee that he or she has been discharged or disciplined unfairly shall be treated as a grievance and shall commence at the beginning of the grievance procedures as set forth herein. 5

8 5.06 Saturdays, Sundays, and Specified Holidays (Article Nine (9)) shall not be included in calculating the time limits specified in Article Five (5) A Policy grievance filed by either The Union or The Centre shall commence at step 5.04 of the grievance procedure Failing settlement, the matter in dispute may be referred by The Centre or the Union to arbitration in accordance to Article Six (6). 6

9 ARTICLE SIX (6) ARBITRATION PROCEDURE 6.01 The party desiring to submit to arbitration shall deliver to the other party a notice in writing of its intention to arbitrate within thirty (30) days after the completion of the grievance procedure provided in Article Five (5). This notice shall include the alleged Article(s) and Clause(s) of the agreement that have been violated or misinterpreted, and will stipulate the nature of the relief or remedy sought. The notice will also indicate a list of suggested Arbitrators to hear the issue. If no written request for arbitration is received within the aforementioned timeframe, the grievance shall not be eligible for arbitration Within five (5) days after the date of delivery of the said notice of intention, the other party shall choose an Arbitrator from the suggested list, or, propose alternative arbitrators for the other party to consider Within five (5) days after the date of delivery of the above list, the grieving party may choose an arbitrator from the list or indicate a disagreement Should the representatives be unable to agree on an arbitrator within the time frames specified, the representative of either party may request the Minister of Labour to appoint an Arbitrator The Arbitrator so selected shall schedule a hearing as soon as possible, wherever possible within sixty (60) days of the selection being made If the hearing date is longer than sixty (60) days from the date of appointment of the Arbitrator, then either party may request a meeting sixty (60) days prior to the scheduled arbitration hearing to further discuss the grievance, in order to determine if an appropriate settlement may be reached prior to the hearing taking place The decision of the Arbitrator shall be final and binding on both parties The jurisdiction of the Arbitrator shall be limited to deciding the matters at issue and the Arbitrator shall not have power to add to, subtract from, alter or amend the Collective Agreement Each party to this agreement shall pay half the fees and expenses of the Arbitrator Saturdays, Sundays, and Specified Holidays (Article Nine (9)) will not be included in the limits of the specified time of Article Six (6). 7

10 ARTICLE SEVEN (7) EMPLOYEES 7.01 The Centre may contract or sub-contract out work provided it does not result in a lay-off of a full time employee A shift reduction shall not occur as a result of work otherwise regularly assigned to, or performed by, an employee covered by this agreement being assigned to employees not covered by this agreement The Centre shall, whenever possible, give credits to each full time Maintenance employee in its programmes and shall request the proper crediting of each employee in any radio, television, or film production produced at The Centre A statement of weeks worked and rates paid will be supplied on the form provided by the Employment Insurance Commission on request All other documents including, but not limited to, OHIP transfer papers will be received with the terminating pay cheque or within ten (10) days Whenever the singular is used in this agreement, it shall be considered as if the plural term has been used, where context so requires. Whenever the masculine is used in this agreement, it shall be considered as if the feminine term has been used as well The word employee as used in this agreement shall be understood to mean any full time employee holding seniority rights under the terms of this agreement Temporary and Part time employees shall not be regarded as falling within the definition of full time employee as set out in Article 7.07 and shall only come within the terms of this agreement for the purposes of check-off and wages, unless otherwise stated herein. Temporary employees shall be defined as those persons hired to work the regular number of hours per week at The Centre as set out in Article Eight (8), for a specified period not to exceed six (6) months of continuous employment in any one work period. This term can be extended by mutual agreement by the parties. Part time employees will not work more than twenty (20) hours per week on a regular basis. 8

11 7.09 The Centre shall supply all full time maintenance employees with an initial issue of winter jackets, snow pants, hats and gloves, one set of coveralls, work gloves, one lab-coat, and one pair of rubber boots, which will be replaced on an as required basis at no cost to the Employees. a) The Centre shall reimburse full time employees up to Five Hundred Dollars ($500.00), on a required basis for winter jackets and snow pants combined upon presentation of a receipt. b) Winter jackets and snow pants will remain the property of The Centre and will be retained by The Centre if the employee departs from the organization The Centre shall endeavour to provide parking spaces for full time employees at no charge, at the Centre In The Square facility. However, it is understood by the parties that this is not a guarantee and is subject to change in Centre policy Centre Management shall grant full time employees two (2) paid Professional Development Days to allow for Employees to participate in professional development activities. These activities shall include but are not limited to, attendance at courses or classes (in person or via the internet) visits to other venues, trade shows and suppliers premises. Activities shall be approved by Centre Management prior to the development activity being undertaken by the employee, with consideration given to the performance calendar and scheduling of activities on non-show days as well as the availability of the professional development budget funds sufficient to cover all costs (including travel) of such activities. Approval shall not be unreasonably withheld. All travel costs incurred for these activities shall be in accordance with the Centre s established travel policy. Professional Development Days must be used within the calendar year and cannot be rolled forward to a subsequent calendar year. 9

12 ARTICLE EIGHT (8) HOURS OF WORK 8.01 A full time employee shall not be scheduled to work a shift that is less than three and one-half (3 ½) hours Time shall be computed to the next fifteen minutes or quarter hour for payroll purposes The standard work week for Maintenance employees will be five (5) days between 00:01 Thursday to 24:00 Wednesday. However, if necessary the standard work week can be altered to include a sixth day. Maintenance employees may be scheduled to work within this work week with starting times to suit each day s activities. All employees shall be paid one and one-half (1 ½) times the basic hourly rate when the hours of work exceed seven (7) hours per day or thirty five (35) hours per week Employees shall have an eight (8) hour turn around between the conclusion of one shift and the commencement of the next shift All employees shall be provided with a paid fifteen (15) minute rest period at the midpoint of each half shift and a one hour unpaid lunch period at or about the mid point of the shift Should Centre activity or change in the requirements of a particular production cause the Centre Management or designate to make a schedule change which results in a full time employee having to work on their designated full day off, without seven (7) days prior notice, then such employee shall be paid for such work at a rate of one and one-half (1 ½) times the basic hourly rate The Centre agrees that where possible, employees will have scheduled two (2) consecutive days off per week Twelve (12) hours shall be the minimum notice of cancellation of a scheduled shift for reasons other than Acts of God. In lieu of such minimum notice, each employee that was scheduled shall be paid for the scheduled shift. 10

13 8.09 The Centre agrees that for Maintenance Employees, any call back of an employee to perform emergency work or any other work and/or meeting after they have left work for the day shall be compensated as follows: a) First thirty (30) minutes of the call back, time in lieu of at the prevailing rate or, b) After thirty (30) minutes of the call back a minimum call of two (2) hours at the prevailing rate The work week will commence and terminate at a time consistent with Centre payroll procedures. 11

14 ARTICLE NINE (9) SPECIFIED HOLIDAYS 9.01 The following days shall be considered Specified Holidays for all employees: New Years Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Full time employees shall also be entitled to three (3) additional paid holidays called floaters which shall be granted upon mutual agreement of the employee and The Centre Management. The following qualifications will apply to the floating holidays: 1. They must be taken during the calendar year. 2. Failure to take the floaters forfeits all entitlements to the holiday. 3. It will be on a first request basis. 4. Entitlement to the floater holidays will not apply to full time employees with less than ninety (90) days of continuous service Any full time employee who wishes to be absent for two (2) hours to attend memorial services on Remembrance Day shall be allowed to do so, understanding that up to two (2) hours will be paid If any of the above Specified Holidays falls on a full time employee s designated day off or when on vacation, the full time employee shall receive a day s (seven (7) hours) pay or another day off with pay, at a time mutually agreed A Statutory Holiday shall begin at 24:00 hours the preceding day and shall end twenty four (24) hours later at 24:00 the following day. 12

15 9.05 Entitlement to Specified Holiday payment shall be computed as follows: FULL TIME EMPLOYEES: If no work is performed at the Centre by the employee the Specified Holiday shall count as seven (7) hours worked and shall be paid. The provisions of this Clause shall not apply to a full time employee who is on an approved leave of absence in excess of thirty (30) calendar days or any employee in receipt of payments from a third party (i.e. Workers Compensation, Employment Insurance, Long term Disability Benefits). PART TIME and TEMPORARY EMPLOYEES: If no work is performed at The Centre by the employee the Specified Holiday shall be paid in accordance with the Employment Standards Act. The employee must work their regularly scheduled shift preceding the holiday and the regularly scheduled shift succeeding the holiday, unless absent with reasonable cause. All employees must work on the holiday if scheduled to do so, unless the employee is on vacation or has already been scheduled off Employees who work at The Centre on a Specified Holiday shall be paid as follows: Full time employees shall be paid at the rate of time and one-half (1 ½) times the Basic Hourly rate for all hours worked plus an additional day off with pay at their regular rate of pay at a time mutually agreed to by the employee and their manager. Part time and temporary employees who qualify for a Specified Holiday, as set out in the Employment Standards Act, shall be paid at the rate of time and one-half (1 ½) of the Basic Hourly Rate and the Basic Hourly Rate for any hours as calculated by the Employment Standards Act Should the Provincial Government introduce any additional holidays to the Employment Standards Act, such additional Public Holidays shall affect this agreement in the same manner. 13

16 ARTICLE TEN (10) VACATION Full time employees shall be eligible for vacation time on June 1 following their start date. Thereafter, eligibility shall be determined on June 1 of each year. The qualifying year shall be the preceding 12 months from June 1 to May 31. Employees whose first day of work begins prior to the fifteenth of the month will have credits start as though service began on the first of the month. Vacations shall be computed based on the following schedule: Less than 1 year Not less than 1 year But less than 3 years Not less than 3 years But less than 10 years Not less than 10 years But less than 17 years Not less than 17 years But less than 28 years Not less than 29 years 1 day per completed calendar month of service (maximum ten (10) working days) 2 weeks 4% of gross earnings 3 weeks 6% of gross earnings 4 weeks 8% of gross earnings 5 weeks 10% of gross earnings 6 weeks 12% of gross earnings Vacation pay shall be paid in accordance with the above schedule. For purpose of clarification of gross earnings, it shall consist of pay for the prior vacation period, pay for Specified Holidays and in addition to gross wages earned, including overtime. Full time employees shall receive vacation pay at the time of their vacation. Full time employees shall, in addition to receiving vacation pay at the time of their vacation, receive an appropriate vacation catch up cheque, to be paid no later than the second pay period in July of each year. 14

17 10.03 All vacations shall be scheduled by The Centre having regards to the employee s preference and the work and service required to be done and provided. A vacation schedule for full time employees shall be posted by The Centre Management and completed and submitted to the General Manager no later than May 15th of each year for the following twelve (12) month period commencing June 1st. Failure to submit vacation request by May 15th shall result in The Centre scheduling vacations on the employee s behalf. Full time employees will be allowed to change their vacations with the agreement of Centre Management. All requests for vacation time or changes in vacation time referred to in this paragraph shall be approved or denied within five (5) business days of the request for such vacation time being submitted to Centre Management. In the event Centre Management denies a vacation request or a change of vacation request, the employee will receive the reasons in writing within two (2) days with a copy to the Business Agent. Vacations must be taken in the year in which they are due and shall not be accumulated except as provided hereunder: 1. Employees entitled to three (3) or more weeks of vacation, vacations may, with the written approval of Centre Management, be granted the privilege of carrying up to one (1) weeks vacation to the next vacation period, at which time the employee s total vacation entitlement, plus all vacation credits carried forward, must be taken. In the event Centre Management does not approve such a request of the employee he/she shall, within two (2) business days, give his/her reasons in writing to the employee concerned and the Business Agent of The Union. 2. Vacation time will be at the mutual consent of the employee and The Centre. Unless otherwise agreed, vacation time must be taken in the twelve (12) months following the period in which it was earned All other employees shall be paid vacation equal to the percentage of all monies earned by the employee as specified by law. 15

18 ARTICLE ELEVEN (11) LEAVES OF ABSENCE UNION LEAVE: The Centre may grant leaves of absence without pay to employees elected or appointed to attend conventions, meetings, or contract negotiations with the Centre (or other companies for whom the Union supplies employees) provided such leaves of absence shall not unduly affect the efficient operation of The Centre. It is also agreed that The Centre will be notified one (1) week in advance of such absences, whenever possible. If one (1) week s notice is not possible, The Centre will be notified immediately that it becomes known that the person will be absent PERSONAL LEAVE: The Centre may grant a personal leave of absence without pay and without loss of seniority to employees. A request for such leave shall be made in writing to Centre Management, as far in advance as possible and the granting of such leave must have approval in writing of Centre Management An employee on approved leave of absence of more than thirty (30) continuous calendar days shall not receive sick leave credits, or be paid specified holidays commencing the thirty-first (31st) day of such leave. An employee on an approved leave of absence will still be eligible to receive vacation credits on the basis of months of service, excluding the period of approved leave. 16

19 ARTICLE TWELVE (12) BENEFITS The Centre shall contribute, deduct and remit (hereinafter Remittance ) on behalf of employees in the Benefit Trust Funds of the Union the amount(s) listed below: a) RETIREMENT BENEFITS: For Employees hired after January 26th, 2005, a deduction of six and one half percent (6½%) of each employee s gross earnings as defined in Article Ten (10). The Centre shall contribute an equal amount for these employees. The Centre shall deduct and remit any additional amounts the employee may designate to be deducted from the employee s weekly wage as retirement benefits. Retirement deductions and contributions described in this clause will be extended to all employees up to the maximum age allowable under the law. Employees beyond the maximum age allowable under the law or those employees not eligible to join the retirement benefit plan shall receive the cash equivalent of the Centre s retirement contribution included in their weekly wages. The Centre agrees that Bill Sharpe shall remain and continue to participate in the Ontario Municipal Employees Retirement Savings Plan (OMERS). In addition to the foregoing, The Centre shall pay the employer's portion of the Canada Pension Plan Contributions. b) INSURANCE BENEFITS: Insurance Benefits for full time employees shall be in accordance with Appendix "A", attached hereto The remittances in Articles (deductions and/or contributions) shall be remitted to the Administrator of the I.A.T.S.E. Local 357 Benefit Trust Fund monthly by the fifteenth (15th) day of the month following the last pay period of each month by cheque(s) made payable to I.A.T.S.E. Local 357 Benefit Trust Fund and sent to the Fund Administrator. The Union shall inform and keep the Centre current on the mailing address of the Fund Administrator on a timely basis. 17

20 The remittance(s) shall be accompanied by a statement showing the name(s) in alphabetical order and Social Insurance Numbers of all those employees for whom deductions and/or contributions have been made in accordance with Articles and the respective amounts in each case (including nil reports). The Centre will apply its best efforts to ensure the correctness of the report and remittance. If any corrections are required subsequent to a reporting period, The Centre will ensure that the adjustment is unique to the employee and may need to delay adjustment until the employee returns to work Remittances to the Trust Fund(s) due and/or payable by the Centre shall be, and are deemed to be, held in trust by the Centre for the Trustees of the Trust Fund(s) until remitted to the Trust Fund(s) If the Centre defaults in remitting payments required to be made pursuant to the collective agreement and if such default continues for 10 days, thereafter the employer shall pay to the Trust Fund(s), as liquidated damages and not as penalty, an amount equal to 10% of the arrears for each month or part thereof in which the Centre is in default. In addition to the liquidated damages, interest shall run at the rate of 2% per month (24% per year compounded monthly) on any unpaid arrears, including liquidated damages." The Centre's obligation to make remittances to the Trust Fund(s) shall not be subject to any right of set-off or counterclaim which the Centre may have respecting any liability owed to it by the Union or by an Employee. WSIB BENEFITS The Centre shall make the appropriate arrangement, including the payment of the appropriate premiums, to ensure that each and every employee working under this Collective Agreement has coverage for injuries arising from accidents suffered in the course of employment at The Centre for the purposes of the Workplace Safety and Insurance Act. The Centre will provide the Union with a copy of any notice of accident (form 7) involving an employee within the bargaining unit as and when the notice is filed with the Workplace Safety and Insurance Board. Disputes to entitlement to benefits under the Workplace Safety and Insurance Act including but not limited to duration, extent and nature of such benefits, will be governed by the Workplace Safety and Insurance Act and are not arbitrable under this Collective Agreement. 18

21 SICK LEAVE BENEFITS Full time employees (hired after April 1st, 2005) will receive an initial sick leave credit of one hundred and forty (140) hours after one (1) full day of employment. The sick leave credit will increase by seven (7) hours for each month of employment to a maximum of eight hundred and forty (840) hours sick leave credit. When a full time employee has been ill for a continuous period of time and has used all of their sick leave days, an advance of up to 140 hours may be granted when they return to work. Full time employees hired prior to April 1st, 2005 will remain in the attached sick leave plan (Appendix B ). Full-time employees will receive full pay for time absent due to illness or injury up to the sick leave credit in effect at the time. It is understood that injury and illness as defined in this clause is not that which is payable under Workplace Safety and Insurance Act. If illness extends for more than a two (2) day period, The Centre reserves the right to require that a Doctor's certificate be presented. Sick leave credits are not cashable or useable at retirement or termination of employment The Centre shall reimburse full time employees, up to One Hundred Fifteen Dollars ($115.00) per calendar year, upon presentation of a receipt, for the purchase of CSA approved protective footwear. 19

22 ARTICLE THIRTEEN (13) UNION DUES CHECK-OFF During the term of this Agreement, there shall be a compulsory check-off of Union Dues for all employees of the Centre to which this Agreement applies. The amount to be deducted shall be such sum as the Union may from time to time advise. The Centre shall be notified in writing forty-five (45) days prior to any required change in Union dues structure and or change in rates Such deductions will be made by the Centre from the Payroll weekly; and shall be forwarded to Treasurer, I.A.T.S.E. Local 357 P.O. Box 908 Stratford, Ontario N5A 6W3 not later than the 15th day of the month following the month in respect of which deductions are made, accompanied by a list of all employees in alphabetical order from whose wages the deductions have been made. A copy of the list shall be sent to the Business Agent of Local 357. Cheque to made payable to I.A.T.S.E. Local

23 ARTICLE FOURTEEN (14) BEREAVEMENT AND JURY DUTY In the event of a death in the immediate family of a full time employee, the employee shall be entitled to three (3) working days off with pay at the appropriate rate if scheduled to work, but not to exceed twenty one (21) hours at the basic hourly rates, to be taken within either five (5) calendar days before or after the day of the funeral. For the purposes of this clause the immediate family of the employee shall be defined as: Mother, Father, Spouse, Children, Brother, Sister, Motherin-Law, Father-in-Law, Grandparents. In respect of attendance at the funeral of the full time employee s Sister-in- Law or Brother-in-Law, the full time employee shall be entitled to one (1) working day off with pay within three (3) calendar days before or after the funeral. The term Spouse shall be deemed to include a Common-Law Spouse provided that the full time employee has previously declared the common law relationship in writing to The Centre in the manner and form prescribed by The Centre An employee who is required to serve as a juror or is subpoenaed as a witness in any court, shall receive an amount from The Centre equivalent to the difference between normal wages and any remuneration received from the Crown for Jury Duty upon receipt of a certificate from the Court verifying the amount for jury pay received and time served. 21

24 ARTICLE FIFTEEN (15) RATES OF PAY / WAGES The Centre shall pay hourly wages in accordance to the following schedule: Wage Rates for IATSE 357 Maintenance Workers June 1st, 2014 to May 31st, 2016 Movement between the steps for both positions shall occur annually on their anniversary date. Effective June 1st 2014: Step 1 Step 2 Step 3 Step 4 Chief Maintenance Eng. $28.50 $29.36 $30.26 $31.17 Maintenance Assistant $23.85 $24.63 $25.33 $26.11 Effective June 1st 2015: Step 1 Step 2 Step 3 Step 4 Chief Maintenance Eng. $29.00 $29.87 $30.79 $31.72 Maintenance Assistant $24.26 $25.06 $25.77 $26.57 Note: Effective June 1, 2014 the 2013 rates to be increased by 2% Effective June 1, 2015 the 2014 rates to be increased by 1.75% 22

25 ARTICLE SIXTEEN (16) HEALTH AND SAFETY The Union and The Centre jointly agree that they will co-operate to the fullest in the maintenance of supplied safety appliances and observe appropriate safety practices and the Board approved policies of the Centre s Health and Safety Committee. 23

26 ARTICLE SEVENTEEN (17) JOB POSTINGS, PROMOTIONS, SENIORITY, LAYOFFS, AND RECALL When a vacancy of a current position occurs or a new position is created within the Bargaining Unit as defined in Article 2.01, notice of such vacancy will be posted for five (5) days. There shall be no outside applicants considered until the internal process has been exhausted Any application for the posted position shall be in writing and shall be addressed to the Centre Management of The Centre, and shall be signed by the applicant and delivered to said office on or before the date specified in the posting Appointments shall be made based on the applicant having the skill, ability, and qualifications to perform the job Where the skill, ability, and qualifications between two or more employees are relatively equal, seniority shall be the governing factor The Union shall be notified in writing of all vacancies or new positions covered by this agreement at the time of the posting(s), and will be notified of the results of the posting procedure upon completion Each permanent employee shall have their name placed on a seniority list upon completion of their probationary period (three (3) months) in accordance with their term of continuous service with The Centre from the employee s last starting date A lay-off shall be defined as a reduction in the workforce as defined in Article Two (2) In the event of a lay-off, employees shall be laid off in reverse order of seniority providing the remaining employees have the necessary skill, ability, and qualifications to perform the work A full time employee who is laid off may displace a part time employee, provided that the laid off employee accepts all of the terms and conditions of employment applicable to the part time position and possesses the required skill, ability, and qualifications to perform the job In the event of a lay-off in excess of five (5) working days the employee affected will receive a minimum of two (2) weeks notice or pay in lieu Employees shall be recalled in order of their seniority providing they have the necessary skill, ability, and qualifications to perform the work. 24

27 ARTICLE EIGHTEEN (18) STRIKE AND LOCK OUT During the term of this agreement, The Centre agrees that there shall be no lockouts and The Union agrees that there shall be no slow down, strikes, work stops, or suspension of work, either complete or partial. 25

28 COLLECTIW AGREI'4ENT BETVJEEN CEt\,fRE IN T1{E SQUARE INc. AND I.A.T.S.E. LOCAL MAINTIEI\IANJCS EM?LOWES JUNE 7i, 207+ TO MAY 37i, 2016 ARTICLE NINETEEN (19) DURATION AND RENEWAL AND SIGNATURES The Collective Agreement is to be in force from 1" d"y of June, 2014 to the 31" day of May, lt shall be renewed automatically from year to year thereafter unless either The Employer or The Union gives notice in writing, within a period of not more than ninety (90) days prior to the expiration date or as defined by the Labour Relations Act, at which time the parties shall meet and confer to negotiate the terms of a new Collective Agreement to take effect upon termination of this Collective Agreement. Signed by the Parties hereto on the 21"1 day of January For The Centre In The Square Inc. For IATSE Local 357 Technical Services Jason 26

29 APPENDIX A EMPLOYEE BENEFIT PROGRAMME ALL BENEFIT CHANGES WILL BECOME EFFECTIVE 1ST OF THE MONTH FOLLOWING DATE OF RATIFICATION. Appendix A Employee Benefit Programme The Following is a short list of the most common coverage provided in the employee benefit programme. A complete list of coverage can be found in the Employee's Benefits Handbook. A current copy of the Employment Benefit Handbook and subsequent amendments shall be supplied to the full time employees by The Centre. The Centre will pay 100% of the cost of the premiums for the following benefits, subject to the terms and conditions of the carrier. a) Employer Health Tax for Ontario Health Insurance Plan (OHIP) b) Extended Health Care Plan as provided by Manulife or equivalent as follows; Prescription Drugs - Formulary 2 - $10 deductible per year Hearing Aids - $ every 36 months effective upon mutual ratification Audiology test paid by the carrier maximum of $ every three (3) years. Eye Glass Coverage (including regular eyewear, work-related eyewear and/or eye examinations) - $ every 24 months per family member. Specialized Lab Tests: Full Payment of lab tests: - PSA (for detection of prostate cancer) - CA 125 (for detection of ovarian cancer) Clinical Psychologist - maximum $200 per year Masseur - $ per year per family member with no limit per visit and no deductible. Speech pathologist - $200 per year Chiropractor coverage $ per year per family member with no limit per visit and no deductible. Physiotherapy coverage $20.00 per visit per family member. 27

30 Deluxe Travel Plan Semi-private Hospital Coverage c) Dental Plan equivalent to Liberty Health Plan #9, current ODA fee schedule with 50% co-insurance on Riders 2 and 3. Rider 2 - $500 per 60 months (dentures) Rider 3 - $2,000 per person per lifetime (orthodontics) d) Group Life Insurance Plan - equivalent approximately to 200% of total annual earnings. (Life Insurance coverage is not extended to include dependents.) Life Insurance coverage will be based on the employee's salary or wages received in the previous calendar year from The Centre. Any change in earning will be effective on February 1 of each year for those actively employed. e) Long Term Disability Insurance Plan (L.T.D.) equivalent to policy with present Insurance Carrier carrying a monthly maximum of $4,000 based on gross earnings. 28

31 APPENDIX B SICK LEAVE BENEFITS Sick leave benefits through the commencement of long term disability benefits. Effective January 8th, Length of Service (at Commencement of illness) from date of employment up to the completion of the 6th year of service Sick Leave Benefit up to 17 weeks, 60% of salary 6 years but less than 7 years 18 weeks full salary 7 years but less than 8 years 19 weeks full salary 8 years but less than 9 years 20 weeks full salary 9 years but less than 10 years 21 weeks full salary 10 years and over 26 weeks full salary This sick leave schedule provides a continuation of income to employees with length of service acting as a guide to reimbursement. On this basis, the plan would qualify for full rather than partial UIC premium reduction. Full reduction for this in1989 is $0.40 per $100 of insurable earnings. On return to work for at least two (2) full weeks at normal duties, benefits, as described above, would again be made available. 29