C O L L E C T I V E A G R E E M E N T

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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 WILFRID LAURIER UNIVERSITY - and - UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175 Chartered by The United Food & Commercial Workers International Union August 1, July 31, 2018

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3 TABLE OF CONTENTS Article 1... Bargaining Agency. 5 Article 2... Union Establishment... 6 Article 3... Union Representation. 8 Article 4... Management Rights 9 Article 5... Hours of Work and Overtime. 10 Article 6... Meal and Rest Periods 13 Article 7... Paid Holidays. 13 Article 8... Wages. 15 Article 9... Vacations 16 Article 10. Job Posting.. 18 Article 11. Leaves of Absence.. 19 Article 12. Probationary Period 21 Article 13. Seniority. 21 Article 14. Layoff, Termination and Contracting Out. 23 Article 15. No Strikes/No Lockouts. 24 Article 16. Grievance Procedure.. 25 Article 17. Discipline and Discharge 26 Article 18. Health and Welfare. 28 Article 19. Bulletin Board and Stewards Cards.. 31 Article 20. General 31 Article 21. No Discrimination.. 37 Article 22. Health & Safety.. 37 Article 23. Workplace Harassment and Discrimination.. 37 Article 24. Expiration and Renewal.. 39 Appendix A.. Full-time Wages & Classifications. 41 Appendix B.. Part-time Wages & Classifications. 43 Appendix C Wage Grid Hired After August 1, Appendix D Health & Dental Benefits Hired After August 1, Appendix E Part Time Tuition Waiver.. 49 Letter of Understanding #1. 50 Letter of Understanding #2. 51 Letter of Understanding #3. 52 Letter of Understanding #4. 53 Letter of Understanding #5. 54 Letter of Understanding #6. 55 Letter of Understanding #

4 COLLECTIVE AGREEMENT BETWEEN: Wilfrid Laurier University (hereinafter referred to as "the University" and/or "the Employer") - and - United Food & Commercial Workers Canada, Local 175 chartered by the United Food & Commercial Workers International Union (hereinafter referred to as "the Union") WHEREAS the Employer and the Union desire to cooperate in establishing and maintaining conditions which will promote a harmonious relationship between the Employer and the employees covered by this Agreement and in providing methods of a fair and amicable adjustment of disputes which may arise between them and to promote efficiency in service. NOW, THEREFORE, the Employer and the Union mutually agree as follows: 4

5 ARTICLE 1 Bargaining Agency 1.01 (a) The Employer recognizes the Union as the sole collective bargaining agency of all employees of Wilfrid Laurier University in Waterloo, save and except unit supervisors, those above the rank of unit supervisor, office and clerical staff, persons employed in a teaching or academic capacity and those persons for whom any trade union held bargaining rights as of July 7, (b) Persons whose jobs are exempt re Article 1.01 above, shall be permitted to perform the duties of a bargaining unit job in cases of an emergency, and for purposes of instruction or training, including demonstrating the proper method to accomplish the assigned task, but in no case shall the above result in a loss of employment, layoff, or the loss of any bargaining unit hours (a) Full-time employees mean those employees working more than twenty-four (24) hours in a week. (b) Part-time employees mean any employees normally scheduled to work twentyfour (24) hours or less per week. (c) Part-time employees may be scheduled to work in excess of twenty-four (24) hours to cover absences due to illness, accident, leave of absence and vacations, provided such absences do not exceed ten (10) weeks or in the event of maternity leave of seventeen (17) weeks and/or parental leave of thirty-five (35) weeks for a maximum leave of fifty-two (52) weeks. A copy of the schedule with the changes will be posted each week. (d) Casual employees may be scheduled to work any remaining hours of work following the schedule requirements for full-time and part-time employees set out in Articles 5.03 (a) and (b), 5.04 and 5.11 (a, b, c, d, e). Casual employees will not be scheduled until all full-time employees are scheduled to work forty (40) hours in a week and all part-time employees are scheduled to work twenty-four (24) hours in a week and both groups have refused the hours of work. Casual employees will not be scheduled to work greater than forty-eight (48) hours in a four (4) week period. It is agreed that casual employees will not be scheduled in such a manner that it results in a full-time or part-time employee losing hours of work or being laid off. 5

6 1.03 (a) The Employer may employ students to perform bargaining unit work providing they are scheduled in accordance with Article 1.02 (d). (b) (c)(i) (c)(ii) (d) (e) It is understood that students are otherwise excluded from the terms of the Collective Agreement. The parties agree that up to 20% of total hours worked can be performed by students. The University agrees to provide the Union with a report on the actual hours worked by students and UFCW members monthly and to provide the Union with a weekly work schedule for both union and students. Should the Employer not be able to fulfill its staffing requirements due to the restriction mentioned above, the Union agrees to meet with the Employer in an attempt to resolve the issue. No student(s) shall work in the event of any layoff in the bargaining unit providing the laid off bargaining unit employee(s) are willing to work the available hours The Employer shall not enter into any agreement or contract with those employees for whom the Union has bargaining rights, either individually or collectively, which would conflict with any of the terms of this Agreement. ARTICLE 2 Union Establishment 2.01 (a) The Employer agrees that all employees in the bargaining unit shall become and remain members in good standing of the Union as a condition of employment. Employees shall complete a membership application form which the Employer shall remit to the Union monthly. All employees who are covered by the terms of this Collective Agreement are required, as a condition of employment, to pay union dues. (b) (c) The Employer agrees to deduct from each employee affected the amount of union dues and initiation fee as authorized by regular and popular vote of the local Union. The Union will advise the Employer as to the amount to deduct on an installment basis. The union dues shall be deducted and submitted to the Union by the fifteenth (15 th ) day of the following month in which the deductions were made. The remittance statement shall be documented by location containing a dues and 6

7 initiation report which will be provided in the form of as well as a hard copy of the dues report being attached to the remittance cheque. The information shall be provided on a standard spreadsheet in Excel, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Employer will provide the following information as known to the Employer: 1. S.I.N. 2. Employee number if applicable. 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code. 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full or Part-time designation 10. Union dues deducted (or the reason a deduction was not made). If dues are deducted weekly, report required five (5) columns for reporting 11. Total dues deducted 12. Back dues owing 13. Initiation fees deducted 14. Total Initiation Fees deducted 2.02 In September of each year, the Employer will advise the Union in writing of the names, addresses, telephone numbers, and latest date of hire of all employees covered by this Collective Agreement. In addition, the Employer will advise the Union of any changes within two (2) weeks The University will include the amount of union dues deducted during the calendar year on the employee s T4 taxation form The Union agrees to save the University harmless from any action which may be instituted by the employee(s) arising out of any amount deducted from their pay and remitted to the Union as provided in this article There shall be no union activities on the premises of the University during working hours except as provided for by this Agreement On commencement of employment, the employee s immediate supervisor shall introduce the new employee to the Union Steward. A copy of the Collective Agreement will be provided by the Human Resources department to the new employee It will be the duty of the Employer to prominently display the Union Shop Cards in their establishment where the Union members are employed. Those cards shall remain the property of the Union and the Employer shall have their usage only 7

8 until such time as the Union shall request their return. The Employer agrees to surrender the same immediately upon demand by the Union. ARTICLE 3 Union Representation 3.01 The Union shall have the right to appoint or otherwise select five (5) Union Stewards, inclusive of one (1) Chief Steward from within the bargaining unit. The Union recognizes the value in members having access to union representation; as such the Union will endeavor to have steward representation on all shifts. The Chief Steward and/or Union Steward shall be provided with a list of new hires on a monthly basis and be entitled to twenty (20) minutes without loss of pay to meet with new hires on a monthly basis, or as needed, to discuss union membership and the Collective Agreement. Such meeting shall be on a mutually agreed upon date and time The Union may appoint and the University shall recognize a Union Bargaining Committee of three (3) employees one of which shall be the Chief Steward The University and the Union recognize the advantage of management representatives and employee representatives meeting together to discuss matters of mutual concern. To this end, a Labour-Management Committee shall be formed and shall consist of three (3) representatives of the Union, one of which will be the full-time representative, and three (3) representatives from the Employer. Meetings will be convened at the request of either party, which in any event will not be less than a minimum of one (1) per month from September to April inclusive and a minimum of one (1) during the of May, June, July and August each year In September of each year, the Union shall notify the Employer in writing of the names of the Union Stewards and all Committee members. In addition, the Union will notify the Employer of any changes within two (2) weeks Employees of the University, appointed to the Union Negotiating Committee, who are required to attend meetings with representatives of the University shall be paid at their regular hourly rate for eight (8) hours per day for full-time employees, and part-time employees shall be paid at their regular hourly rate for the hours they would normally work to a maximum of eight (8) hours per day It is understood that Union Stewards have regular duties to perform in connection with their employment with the University and such persons will not leave their regular duties without first receiving permission from their immediate supervisor, such permission will not be unreasonably withheld. 8

9 3.07(a) 3.07(b) The full-time union representative wishing to meet with an employee during regular working hours, will first receive permission from the Food Services Director and/or designate. It is further understood that such a meeting will take place in a location designated by the Employer and shall normally not exceed fifteen (15) minutes. Where more time is required, the union representative will request an extension from the Food Services Director and/or designate and such permission will not be unreasonably withheld. The bargaining unit employees have the right, at any time, to have the assistance of a Representative of the United Food and Commercial Workers Union when dealing with the Employer. Such Representatives shall have access to the Employer s premises with the approval of the Employer which shall not be unreasonably denied, in order to interview employees, inspect working conditions or generally service the membership The employer and the union will share equally the fees and expenses of meeting rooms associated with negotiations including conciliation and mediation. Where possible the parties agree to use university facilities The Chief Steward or designate will be allowed eight (8) hours of release time per month between September 1 st and April 30 th to allocate to Union business. The Chief Steward or designate must coordinate this with the Food Services Director and/or designate to be incorporated into the bi-weekly schedule. There will be no carryover of these hours if not used Neither party (Employer or Employee(s)) will enter into agreements that are inconsistent with the terms of this Collective Agreement. ARTICLE 4 Management Rights 4.01 It is recognized and agreed that the Employer has the exclusive right and responsibility to manage its business, to maintain order and efficiency in the Food Services operation, including the right to plan, direct and control the work force, to hire or decrease the work force, assign work hours, promote and transfer employees, provided the employer exercises these rights in a manner consistent with the terms of the Collective Agreement The Employer has the right to establish and enforce reasonable rules and regulations and to discipline, suspend or discharge employees for just cause. 9

10 ARTICLE 5 Hours of Work and Overtime 5.01 Due to the nature of the Food Service operation, it is understood that this Article does not constitute a guarantee of hours per day or hours per week. For the purposes of payroll only, the work week shall be Sunday through Saturday. For scheduling purposes only, the work week shall be Monday through Sunday The Employer will post a bi-weekly hours-of-work schedule for all employees by 6:00pm of the Thursday preceding the commencement of the period. Failure to do so will result in the previous schedule remaining in effect for the following two (2) week period. No changes in the schedule posted will be made except where changes are necessary due to fire, flood or other instances beyond the control of the Employer. In the case of catering, the schedule may be changed up to five (5) days prior to the function without those hours assigned being deemed as additional The maximum basic work schedule for employees shall be eight (8) paid hours per day or forty (40) paid hours per week. As far as is reasonably practicable, in the bi-weekly scheduling of hours, employees will be scheduled as follows: (a) full-time employees by seniority in each classification to a maximum of eight (8) paid hours per day and forty (40) paid hours per week; then, (b) part-time employees by seniority in each classification to a maximum of eight (8) paid hours per day and twenty-four (24) paid hours per week, except as provided in Article 1.02 (c) Hours of work that become available due to an employee not reporting for work as scheduled in 5.02 or additional hours required by the Employer shall, if required, be offered in accordance with 5.03 (a) and (b) to employees in that classification, where possible. Failing this, the Employer will offer the available hours by seniority to other bargaining unit employees possessing the necessary skill, ability and efficiency to perform the available work Employees will not be scheduled or required to work split shifts unless mutually agreed Employees reporting for work at their scheduled time shall be guaranteed a minimum of four (4) hours work or four (4) hours pay. This provision shall not apply to employees notified three (3) hours prior to their scheduled starting time not to report for work or to employees who have notified the Employer that their availability is less than four (4) hours. Employees are required to keep the Employer informed of their current telephone number. 10

11 5.07 There shall be a minimum of eleven (11) hours from the time the employee concludes one (1) scheduled work shift and commences the next scheduled work shift, unless otherwise mutually agreed Employees may indicate a preference of shifts, which the Employer will consider when scheduling employees hours. The Employer will endeavor to schedule preference of shifts by seniority based on skill and ability It is recognized that overtime hours are required on certain occasions and to this end, employees are expected to act in the full spirit of cooperation. Overtime hours must be authorized by management prior to being performed, and there shall be no pyramiding of overtime. Employees at work, possessing the necessary skill and ability, will be given opportunity by seniority, on a rotational basis, to perform the available overtime work. Should the senior employees refuse the overtime, the Employer will schedule the most junior employee to perform the overtime work. The Employer will maintain records for the purpose of equalization of overtime opportunities, which shall be posted on a monthly basis (a) All authorized time worked in excess of eight (8) hours per day or forty (40) hours per week excluding the meal period, shall be paid at the rate of one and one-half (1 ½) times the employee s regular wage rate. (b) Hours paid under Article 7 Paid Holidays, will be considered to be hours worked for purposes of calculating overtime payment (a) During the period from September 1 st to April 30 th, all overtime worked as per Article 5.10 (a) on Saturday shall be paid at the rate of one and one-half (1 ½) times the employee s regular wage rate. (b) (c) During the period from September 1 st to April 30 th, all overtime worked as per Article 5.10 (a) on Sunday shall be paid at the rate of two (2) times the employee s regular wage rate. During the period of May 1 st to August 31 st, a full-time or part-time employee who has worked a minimum of forty (40) hours in that week in accordance with Article 1.02 (c), shall be paid at the rate of one and one-half (1 ½) times the regular wage rate for all time worked on a Saturday and two (2) times the regular wage rate for all time worked on a Sunday. Any shift that would be premium will be offered by seniority. (d) The Employer agrees that when scheduling overtime work, employees possessing the necessary skill, ability and efficiency will be given equal opportunity by seniority to perform the required work. 11

12 (e) When scheduling regular bi-weekly work hours under Article 5.02 of the Collective Agreement, the University will not require those employees of the bargaining unit as of April 1995, to work on a Saturday or Sunday. Accordingly, these employees will have the option of continuing to be scheduled on a Monday through Friday basis Employees called back to work after completing a shift shall be guaranteed a minimum of three (3) hours pay at their regular wage rate or the applicable overtime rate for the actual hours worked, whichever is greater During student organized functions, student volunteers excluded from the bargaining unit may perform bargaining unit work, as per current practice or as mutually agreed by the parties (a) The Employer will not reduce the regular scheduled hours of a full-time employee and replace those hours with other employees, including any combination of parttime employee hours. (b) The Employer will not reduce the regular scheduled hours of a part-time employee and replace those hours with any combination of students The Employer agrees to call in bargaining unit staff to fill in for vacancies created whenever an employee does not report for work as scheduled, before management assumes these duties. Such calls will be made within one (1) hour of the time that management is made aware of the employee s absence. Employees who agree to report for work must do so within one (1) hour The University s food service operation is considered an essential service and will therefore be required to continue operations should the University be officially closed. There may be a need to temporarily reduce the workforce, if so, this will be done in accordance with Article 13 of the Collective Agreement. Those employees who are required to work during such a closure will be compensated at one and one-half (1 ½) times their normal hourly rate. Those employees scheduled to work, but are not required to report to work due to the closure, will be compensated at their regular rate of pay for the number of hours they were scheduled to work that day If required attendance at a union-management meeting, at the university s request, causes employees to exceed the normal eight (8) working hours per day, the additional time will be paid at straight time. Where possible, meetings will be scheduled during the employee s schedule shift. 12

13 ARTICLE 6 Meal and Rest Periods 6.01 (a) Employees working three (3) hours but less than five (5) hours shall be entitled to one ten (10) minute paid rest period each day. (b) (c) Employees working five (5) hours but less than six (6) hours will be entitled to one thirty (30) minute unpaid meal period each day which shall be scheduled as near as possible to the midpoint of the shift. This thirty (30) minutes can be taken together or, if agreed upon by the Employee and the Food Services Director and/or designate, split up. Employees working six (6) hours but less than seven (7) hours shall be entitled to one ten (10) minute paid rest period and one thirty (30) minute unpaid meal period each day. (d) Employees working seven (7) hours or more shall be entitled to two ten (10) minute or one twenty (20) minute paid rest period(s) per day, before or after the thirty minute unpaid meal period. Employees cannot take the meal & rest periods together unless approved by the Food Services Director and/or designate. The times that all meal & rest periods are taken must be approved by the Food Services Director and/or designate The Employer will not schedule an employee s meal period prior to the completion of three (3) hours work nor later than the completion of five (5) hours work unless otherwise mutually agreed. ARTICLE 7 Paid Holidays 7.01 The following days shall be recognized as holidays by the University: New Year s Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day New Year s Eve Day 13

14 In addition, there will be three (3) floating days which will be designated annually by the parties An employee shall qualify for payment on the above-named holidays and floater days, unless he/she fails, without reasonable cause, to work their last scheduled work day immediately preceding the holiday and their first scheduled work day immediately following the holiday. The request for an exception based on reasonable cause must be supported by appropriate documentation (a) Full-time employees shall receive their regular hourly rate of pay for their normal working hours to a maximum of eight (8) hours for each holiday and floater day listed in Article 7.01 above. (b) Part-time employees shall receive their regular hourly rate of pay for each of the holidays and floater days listed in Article 7.01 above, based on the following: One twentieth (1/20 th ) of their total wages earned, including paid vacation time during the four (4) weeks immediately preceding the week in which the holiday is observed Employees required to perform work on any of the holidays or floater days listed in Article 7.01 shall receive, in addition to their holiday pay, two times (2X) their regular rate of pay for all hours worked. During the period September 1 st to April 30 th, shifts scheduled for any of the holidays or floater days listed in 7.01, shall be offered by seniority on a rotational basis. Shifts scheduled on a holiday or floater days listed in 7.01 which fall during the period May 1 st to August 31 st, shall be offered by seniority, to employees who have accepted a position to work during such period. Employees scheduled to work on any of the holidays listed in 7.01 and who fail to attend work shall not be paid for the holiday, except where such failure is for a bona fide reason Holidays that fall on a Saturday or Sunday will be observed on the same schedule as the University. If Food Services is open on either the day that the holiday falls and/or the day that the University observes the holiday, each employee will only be eligible for one day as the official holiday Scheduled hours of work on the preceding Thursday will not be reduced as a result of a Paid Holiday being observed on a Friday A full-time employee working a regular schedule inclusive of weekends that loses any hours as a result of the following weekend closures, may bump for two (2) shifts as long as it does not put them into overtime. Weekend Closures are: 14

15 Weekend preceding Reading Week Easter Weekend Thanksgiving Weekend ARTICLE 8 Wages 8.01 The minimum hourly wage rates and wage rate progression schedules are set out in Appendix A and Appendix B attached. Wage rates will be increased through the progression steps based on calendar of employment All wage adjustments will become effective on the start of the next full pay period following the entitlement date Employees assigned to work on a higher paid classification for a period in excess of two (2) consecutive hours will be paid at the higher rate for all time worked, as outlined in 8.05 (a) Employees assigned to work on a lower paid classification will be paid their regular wage rate for all such time worked. This does not include employees, who during summer layoff, elect to sign for a different position that is at a lower paid classification (a) Employees who transfer to a higher-rated classification, and such transfer is not requested by the Employer, shall receive the progression step wage rate which is next highest above their current wage rate for the classification to which they are transferred. Should this result in an increase of less than fifteen cents ($0.15) per hour, the employees shall receive the next higher progression step. (b) (c) Employees transferred to a lower-rated classification and such transfer is not at the request of the Employer, shall receive the progression wage rate for that classification which is applicable to their length of employment. Employees transferred as outlined in 8.05 (a) and (b) above shall be credited for the sole purpose of future progression rate increases with the applicable of employment equaling their wage rate for that classification. Employees moving from part-time to full-time are not eligible for credit for past part-time service, however part-time employees who are awarded a temporary full-time position shall receive credit for the purpose of wage progression. (d) During the life of the Agreement, part-time employees hired prior to August 1, 2015 that accept a continuing full-time position will move to Appendix A. Appendix A will be closed to all new appointments effective July 31,

16 8.06 The Employer agrees that employees will be paid by Thursday of each pay week Both parties agree to maintain the joint pay equity plan as appended to this agreement. Please refer to Appendix C. ARTICLE 9 Vacations 9.01 For all full-time employees and part-time employees hired prior to August 1, 2015, the vacation year is the period from December 1 to November 30. Vacation pay is based on all wages paid to an employee during the immediately preceding vacation year. Vacation will be paid in the period in which the employee takes their vacation, at the employee s current rate of pay for each hour taken as vacation. Any vacation unused at the end of the vacation year will be paid out. Prior to the end of the vacation year, members may request in writing to carryover a maximum of one (1) week (5 days) of unused vacation time from the previous vacation period. The carryover must be used by August 31 st of each year. Vacation entitlement should be taken within the twelve (12) following the December 1 st eligibility. Vacation hours taken are paid at the employee s regular hourly rate. If the vacation entitlement does not equal the maximum vacation days, an employee may take the remaining days unpaid For all full-time employees and part-time employees hired prior to August 1, 2015, employees shall be entitled to vacation with pay based on their service as of December 1 st, and in accordance with the following schedule: (a) Employees with less than one (1) year of service, vacation pay of four percent (4%); (b) Employees with one (1) year but less than three (3) years of service, ten (10) days vacation with pay calculated at four percent (4%); (c) Employees with three (3) years but less than ten (10) years of service, fifteen (15) days vacation with pay calculated at six percent (6%); (d) Employees with ten (10) years but less than fifteen (15) years of service, twenty (20) days vacation with pay calculated at eight percent (8%); 16

17 (e) Employees with fifteen (15) years but less than nineteen (19) years of service, twenty-two (22) days vacation with pay calculated at eight point eight percent (8.8%); (f) Employees with nineteen (19) years or more of service, twenty-five (25) days vacation with pay calculated at ten percent (10%) For all full-time employees and part-time employees hired prior to August 1, 2015, vacations will be granted at times which are suitable to the efficient operation of the department. (a) Employees are expected to take their vacation during the period May 1 st to August 31 st, over the December shut down, or during reading week (b) Vacations of up to a maximum of one (1) week may be granted at times outside the expected period when an employee so requests in writing to the Food Services Director and/or designate prior to November 15 th of the vacation year. The Director and/or designate shall reply in writing to the employee by November 30 th of the vacation year. In the event that two (2) or more employees request the same vacation period, preference will be given to the senior employee Part-time employees hired on or after August 1, 2015 will receive vacation pay in accordance with the following, to be paid out on each pay: Part-time employees shall be eligible for vacation pay based on their years of service. Vacation pay will be calculated and paid on the gross pay earned for each pay period. The percentage in lieu of vacation shall be earned as follows: Years of Service Vacation Pay Percentage (%) Up to five (5) years 4% Five (5) years but less 6% than ten (10) years Ten (10) years or greater 8% 17

18 ARTICLE 10 Job Posting (a) The University will maintain two (2) separate seniority lists. One of these lists will list the employees, in seniority order, who are employed on a full-time and part-time basis. The second list will list the employees, in seniority order, who are employed on a casual basis. (b) When a job vacancy or newly created position occurs, the University will post the position both on the union bulletin board and on the University web site for a period of seven (7) calendar days. The notice will set out a job description, qualifications required, classification and hours of work. Applicants from within the bargaining unit, who wish to be considered for such vacancy, must sign the applicant list for the job posting within the posting period. Postings will be displayed on the staff scheduling board. The job will be awarded within fifteen (15) calendar days of the posting with preference being given to the most senior applicant having the necessary skill, ability and efficiency to satisfactorily perform the work required An employee attaining a position through a job posting who fails to meet a satisfactory standard of performance or who finds themselves unsuited to performing the duties of the new position, shall within a maximum of twenty (20) days worked, return to their former position without loss of benefits or seniority. This review period may be extended, upon mutual agreement. Should the former position no longer exist, Article shall apply Vacant full-time positions will be staffed as full-time positions unless the business requirements of the food services operation necessitate a change or reorganization of staff duties. The Employer will notify the Union in such a case The Employer agrees that when a job posting occurs while an employee is absent due to a layoff, WSIB or maternity leave, the university will attempt to notify the employee of the job posting by or by phone, within the first two (2) days of the posting. To facilitate this process, it is the responsibility of the employee to keep the employer informed of their current address and phone number during any leave. Employees have seven days from the time of posting to apply for the position after which the position will be filled as per

19 ARTICLE 11 Leaves of Absence Pregnancy & Parental Leave Pregnancy and parental leave will be granted in accordance with the provisions of the Employment Standards Act of Ontario. An employee who is entitled to the leave is required to provide two (2) weeks written notice of the date the leave is to begin, together with a medical certificate estimating the date of delivery. An employee wishing to return from a pregnancy or parental leave prior to the original date of return will notify their manager in writing, at least four (4) weeks in advance, giving the revised date Unpaid Leave of Absence All requests for personal leave of absence for three (3) days or less shall be made in writing by the employee to their immediate Manager who will respond in writing within five (5) days of receipt of the request. All requests for personal leave of absence for more than three (3) days shall be made in writing to the Food Services Director and/or designate indicating, in full, the reasons for the leave. The Director and/or designate shall respond in writing to the employee, with a copy to the Union Steward, within twenty-one (21) days of the receipt of the request. Vacation and sick leave credits will not accumulate during leaves of more than thirty (30) days. If the leave is for thirty (30) calendar days or fewer, benefit coverage and premium payments will not change. If the leave is for more than thirty (30) calendar days, the employee will be required to make both the employee and the university s contributions toward the cost of the available benefits that the employee wishes to continue during the leave. The University will continue to make employer contributions to the pension plan unless the employee has advised the University that they do not wish to continue to make employee contributions. If the leave is granted, a forwarding address for correspondence should be relayed to the Director and/or designate and Human Resources for future reference. At least four (4) weeks written notice should be given if the employee plans to request an extension, return early or not return at all An employee elected or appointed to a paid full-time position within the Union shall be granted up to one (1) year leave of absence without pay and without loss of seniority, provided such leave is requested in writing fourteen (14) calendar days prior to commencement of such leave. 19

20 11.04 Personal Leave Employees are eligible for up to three (3) days of paid leave per calendar year to accommodate absence resulting from any of the following: Illness in the immediate family, relocation of the household, writing exams, legal appointments, or for a unique circumstance with the prior approval of the Food Services Director and/or designate. Where possible, such absence is to be arranged with their immediate supervisor as far in advance as possible, otherwise any such absence is subject to the reporting procedure as set out in Article (e) of this Agreement (a) Bereavement Leave In the event of death in an employee s immediate family which shall include: spouse, common-law spouse, same-sex partner, son, daughter, children of the employee s spouse, children of common-law spouse, step-children, ward, brother, sister and parent, an employee will be entitled to a leave of absence with full compensation and benefits for up to five (5) consecutive working days. In the event of a death of a non-immediate family member, defined as father-inlaw, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, grandmother and grandfather, and grandparents of the employee s spouse, the Employee will be entitled to a leave of absence with full compensation and benefits for up to three (3) consecutive working days. (b) (c) With prior notice, one (1) day may be carried forward in the event of a deferred internment or memorial service. No payment will be made under this Article during vacation periods or other prearranged absence Court Duty Leave An employee who is called for jury duty or as a subpoenaed witness in any court proceeding will be reimbursed by the University the difference between the amount paid for such services less expenses, and the amount they would have earned had they worked on such days. The University reserves the right to obtain from the employee a certificate which confirms the term of the attendance in court and the amount of money received by the employee for such attendance. This article does not apply when the employee is excused from jury duty for the balance of the day or days and fails to report back to work, or if the duty occurs on the employee s scheduled day off. 20

21 11.07 Compassionate Care Leave An employee shall be granted Compassionate Care Leave in accordance with Provincial Legislative Standards, for up to eight (8) weeks, without pay, to provide care and support to a family member whose illness is potentially fatal. ARTICLE 12 Probationary Period New employees shall be on probation for forty (40) working days. Probationary employees may be discharged at the sole discretion of the Employer within the above time limit. The Union agrees to consider the Employer s request for an extension to an employee s probationary period. Upon successful completion of the probationary period, the employee will have their name placed on the seniority list with a seniority date in accordance with Article ARTICLE 13 Seniority Seniority shall be defined as length of continuous employment with the University in the bargaining unit from the 1 st shift worked In the event of a layoff or reduction of work hours or a recall of employees after a layoff, seniority shall govern subject to the requirement that the employees who are retained or who are recalled shall have the skill, ability and efficiency to perform the available work. (a) When a layoff or a reduction of work hours is necessary, the junior employee in the classification affected will be laid off in the following sequence: (i) Casual employees; then (ii) Probationary employees; (iii)part-time employees; (iv) Full-time employees. (b) Where the layoff or a reduction of work hours is expected to exceed two (2) consecutive work days, the laid off employee(s) will be given the opportunity to displace the junior employee(s) in another classification for which the laid off employee(s) possess the necessary skill, ability and efficiency to perform. The University will make every reasonable effort to train a senior employee in other classifications, if requested, for this purpose. 21

22 (c) Recalls from a layoff will be on the basis of seniority and in reverse sequence to the order set out in (a) above. (d) If it becomes necessary to reduce the hours of work of a full-time employee to part-time, the junior full-time employee s hours will be reduced. (e) When a position is declared redundant, the employee holding the redundant position will be issued layoff notice and will be allowed to exercise seniority under If, within twenty (20) days worked, the employee fails to meet a satisfactory standard of performance, the employee will have one (1) additional opportunity to displace a junior employee Notwithstanding Article (a), in the event of a layoff of twenty-five percent (25%) or more bargaining unit employees, the employees with greater seniority may elect, in writing, to be laid off prior to the layoff of junior employees, providing the remaining employees possess the necessary skill, ability and efficiency to perform the available work. Should the number of employees electing layoff be less than that determined by the Employer, then the provision of Article (a) will apply During the period between May 1 st and August 31 st, preference of additional available hours will be given by seniority to employees who have accepted a position to work during such period, then to employees on layoff who have indicated to the Employer such preference. Employees must indicate such preference by April 1 st An employee shall lose seniority, and will be deemed to have terminated their employment with the University if they: i. Voluntarily terminate their employment in writing; ii. iii. iv. Is discharged for just cause, and not reinstated through the grievance and arbitration procedures of this Agreement; Fails to report for work on the date and at the time specified in the official recall notice, unless just cause exists. The official recall notice shall be sent at least seven (7) calendar days prior to the recall date, to the latest address given to the University by the employee; Is absent for two (2) consecutive work days without notifying the University, unless they are physically unable to notify the University; v. Fails to report back to work after the expiration of the term of a leave of absence unless just reason exists; 22

23 vi. vii. viii. Has been laid off for a period greater than their length of seniority at the time of layoff or twenty-four (24), whichever is the lesser; Is absent from work for a continuous twenty-four (24) month period, subject to the Employer s obligations under the Human Rights Code; Terminate their full-time or part-time employment status and move to, or return at a later date as, a casual employee. The employee will then be added to the Casual Seniority List (as per Article 10.01(a)) based on their new date of hire The Union shall be notified of all new hires, terminations, layoffs, transfers and recalls of employees within the bargaining unit An employee promoted to a position outside the bargaining unit who, within sixty (60) calendar days following the date of promotion, is found unsatisfactory, shall be transferred to the original position from which they were promoted, without loss of seniority or benefits. An employee promoted to a position outside the bargaining unit for a period in excess of sixty (60) calendar days, shall retain their seniority accumulated in the bargaining unit to the date of transfer. In the event they return to the bargaining unit they shall be credited with such accumulated seniority Seniority will be the deciding factor in the selection and scheduling of vacation periods providing it will not interfere with the proper operation of the food services No new employee will commence their first shift, exclusive of training, until those laid off have been recalled to work provided the employee possesses the necessary skill, ability and efficiency to perform the available work. ARTICLE 14 Layoff, Termination and Contracting Out In the event of a layoff of five (5) working days or more, except during the Christmas period and reading week, the Employer shall give the affected employees one (1) week s written notice or pay in lieu thereof. This section does not apply to employees notified of layoff during the period May 1 st to August 31 st provided the employees were recalled from layoff during the aforementioned period. 23

24 14.02 Whenever the Employer finds it necessary to terminate the employment of an employee covered by this Agreement, it agrees to give written notice or pay in lieu of notice as set out in the Employment Standards Act for the Province of Ontario It is not the intention of the University to reduce the work force or the regular hours of work of the employees in the bargaining unit during the term of this Agreement as a result of contracting out If, during the life of this Agreement, a change in the operation is anticipated that would adversely affect the employees in the bargaining unit, the University agrees to notify the Union three (3) prior to the anticipated change and meet as soon as possible after the notification to discuss alternate methods or arrangements in an effort to minimize the adverse effect on the employees in the bargaining unit In the event alternate employment opportunities within the University, or the contractor within the University, at comparable rates of pay and benefits are not available, the bargaining unit employees shall be paid the following severance pay: (a) Employees with one (1) year or less service; one (1) weeks pay (b) Employees with more than one (1) year service; two (2) weeks pay for each year of service to a maximum of fifty-two (52) weeks pay A week s pay is an employee s normal hours worked based on an average of the previous thirteen (13) normal weeks (not to include the period of May 1 st to August 31 st ) worked prior to notice given to the bargaining unit employees. ARTICLE 15 No Strikes/No Lockouts There shall be no strikes or lockouts as long as this Agreement continues to operate. 24

25 ARTICLE 16 Grievance Procedure (a) An employee who has a complaint or disagreement is encouraged to immediately discuss it with their supervisor and, failing to resolve the issue, may approach the Union to file a grievance. (b) The use of problem solving processes to resolve the issue is encouraged prior to filing a grievance. If the Union still deems it necessary to file a grievance, problem solving processes will be used at each step. The time lines in all the grievance steps may be extended by mutual agreement to accommodate problem solving (a) A grievance shall be defined as any difference arising out of interpretation, application, administration or alleged violation of the Collective Agreement, including discipline matters. (b) (c) A grievance shall clearly describe the alleged violation of the Agreement. The grievance shall set forth the relief sought by the grievor Policy Grievance Where the Union believes the University has violated the Collective Agreement, and where more than one employee is affected, the Union may initiate a policy grievance at step one Grievance Steps Step One If informal discussion (as in (a)) does not result in a satisfactory solution to an issue, the Union may file a formal grievance with the Food Services Director and/or designate within fourteen (14) working days of the said discussion. The Food Services Director and/or designate shall arrange to problem solve the grievance within five (5) working days of receipt of the grievance. A written response from the Food Services Director and/or designate will be provided within five (5) working days of the problem solving meeting. Step Two The Union can file for a Step Two meeting with the Director, Employee and Labour Relations or designate within ten (10) working days of receipt of an unsatisfactory response at Step One. The Director, Employee and Labour Relations or designate will arrange for a problem solving meeting within five (5) 25

26 working days. The University will be represented by the Director, Employee and Labour Relations or designate and the Assistant Vice President, Student Services or designate. The Union will be represented by the Chief Steward, the Steward who filed the grievance, the grievor and the Business Representative. A written response by the University will be provided to the Union within ten (10) working days of the problem solving meeting Arbitration (a) (b) (c) (d) If the grievance is not resolved to the Union s satisfactions by the aforementioned procedure, it may then be referred to arbitration, provided that it is submitted in writing within 90 days following the reply in Step Two (2). Time limits to arbitration may be extended by mutual agreement between the parties. The University and the Union will jointly agree on the selection of a three-person Arbitration Panel. The parties may agree to the use of a single Arbitrator instead of a panel. The decision of the Arbitration Panel or Arbitrator, will be final and binding. All costs related to the arbitration will be shared equally between the Union and the University Neither party shall raise or proceed on a timeliness issue argument regarding filing for arbitration without having notified the other party of its final position on any given grievance, in writing. Should either party serve such notice on the other party, the parties further agree that the final time frame in the collective agreement respecting filing for arbitration shall be triggered. The parties further agree that any Board of Arbitration or single Arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing. ARTICLE 17 Discipline and Discharge The Employer will give a copy of the reasons for discipline to the employee and the Union. A copy of the employee s discharge letter will be sent to the Union office within forty-eight hours following discharge. 26

27 (a) (b) (c) The Employer agrees that whenever an employee is to be interviewed regarding his work or conduct, a steward will be present as a witness. The employee may request that the steward leave the meeting. In the event a steward is not available, this condition will be brought to the attention of the employee. The action that becomes part of the employee s record will then be postponed until the steward is available. The Employer agrees that discipline is intended to be constructive and corrective in nature, rather than punitive. As such, the Employer agrees to apply the principle of progressive discipline. Notwithstanding the above, the parties agree there may be acts of misconduct or behavior that are serious in nature and may be subject to more serious disciplinary measures up to and including dismissal When an employee has a disciplinary letter on file which does not involve violence, abuse or harassment, and has been provided with a copy and where no related disciplinary documents have been filed for a period of eighteen (18) such disciplinary letter shall be removed from the employee s file. This will only apply to situations where employees are actively available for work throughout the eighteen (18) month period. The record of an employee shall not be used against the employee at any time after the eighteen (18) following disciplinary action, including letters of reprimand, and provided the employee has kept his/her record clean during such period. Where an employee has a disciplinary letter on file which does involve violence, abuse or harassment, and has been provided with a copy, and where no related disciplinary documents have been filed for three (3) years, the employee may ask to have the letter removed. This will only apply to situations where the employee(s) are actively available for work through the three (3) year period. The record of an employee shall not be used against the employee at any time after three (3) years following disciplinary action, including letters of reprimand, and provided the employee has kept his/her record clean during such period Grievances related to discharge will normally begin at Step Two The Employer agrees that the employee will not be held responsible for cash shortages unless the employee has 100% control over the cash drawer that they are using. The only exception would be where there was clear evidence that the employee is responsible. 27

28 ARTICLE 18 Health and Welfare (a) Subject to (c) and (d) below, during the term of this Agreement, the University agrees to maintain the existing Benefit Plans listed below, except as they are modified by this Agreement, or except as, with the consent of the Union, improvements are made to the benefits provided to eligible employees under these plans. All changes will be extended to eligible employees as of the effective date of the change. (i) Extended Health Care Plan; (ii) Dental Care Plan: (iii)basic Group Life Insurance Plan; (iv) Optional Life Insurance Plan; (v) Long Term Disability Plan (if available); (vi) Optional Accidental Death, Dismemberment and Loss of Sight Plan. The University shall pay 100% of the costs for the plans listed above, except for (d) Optional Life Insurance Plan, (e) Long Term Disability Plan, and (f) Optional Accidental Death, Dismemberment and Loss of Sight Plan. (b) (c) (d) The Employer will maintain full benefit coverage for employer paid benefits during the layoff period for each year. The Employer will facilitate the continuance of available Employee paid benefits if the employee advises the University in writing that they wish to continue and provided the employee continues to pay the applicable premiums. Layoff period will be defined as the period from May 1 st to August 31 st of each year. Part-time employees hired on or after August 1, 2015 who have completed their probationary period, will be eligible for compensation in lieu of benefits, as per Appendix C. Full-time employees hired on or after August 1, 2015, who have successfully completed their probationary period, shall be entitled to health and welfare benefits as detailed in Appendix D The Employer will provide an updated hard copy of the benefits booklet to any employee who requests one (a) Upon completion of the probationary period, all employees covered by this Collective Agreement, who were hired prior to August 1, 2015, will accumulate one and one-half (1 ½) days personal sick leave credit for each month of service, and may carry forward the unused portion of any sick leave from one year to 28

29 another up to, but not exceeding, a maximum of one hundred and five (105) working days. Full-time employees hired on or after August 1, 2015, after successful completion of the probationary period, shall be entitled to eight (8) days sick leave on January 1 of each year. These sick days do not carry forward to the following year. Part-time employees hired on or after August 1, 2015, after successful completion of the probationary period, shall be entitled to four (4) days sick leave January 1 of each year. These sick days do not carry forward to the following year (b) (c) (d) (e) (f) (g) (h) (i) An employee s accumulated sick leave credits will be reduced equal to the period of absence on personal sick leave. Sick leave credits will not accumulate during periods of layoff or during a leave of absence which exceeds five (5) consecutive work days; however, an employee shall retain any sick leave credits accumulated at the commencement of such layoff or leave of absence. Upon termination of employment for any reason, an employee shall not be entitled to any allowance or pay out for the accumulated personal sick leave. Employees are responsible for notifying the Food Services Director and/or designate or appointee of the duration of their sickness at the time of sickness and every two (2) days thereafter unless the Food Services Director and/or designate or appointee is aware of the return-to-work date. Where an employee so requests, the Employer will furnish a statement showing their accumulated personal sick leave credits. Sick leave with pay provided for in this Article is intended to compensate an employee who is absent from work because of illness or accident which is not covered under the Workplace Safety and Insurance Act and for which no other compensation and benefits are being received. For absences of five (5) consecutive working days or more, or where there is a pattern of habitual absences, employees may be required to provide a satisfactory medical progress report signed by a qualified physician. Refusal to comply with these requirements could result in a denial of paid sick leave during the period of absence. Employees are also eligible to use their sick leave to a maximum of three (3) days per calendar year when prevented from attendance at work in order to attend to an immediate family member who is sick and dependant upon the Employee for health care. In exceptional circumstances, a Director and/or designate may 29

30 approve additional sick leave. The Employee may be required to verify the basis for the absence by providing supporting documentation If an LTD insurer can be found, the university agrees that employees can join an LTD plan at their own expense. Post-Retirement Benefits For employees hired before August 1, 2015: Employees who have retired according to the provisions of the existing Agreement will be able to participate in the following plans based on the terms and conditions specified in the plans: i. The Extended Health Care Plan to a maximum of $30,000 per calendar year; ii. The Dental Care Plan. Employees retiring prior to January 1, 2017 must have completed at least five (5) years of consecutive, full-time service at the University immediately prior to retirement in order to continue as members of the Extended Health Care Plan and/or Dental Care Plan. Employees retiring on or after January 1, 2017, must have completed at least ten (10) years of consecutive full-time service at the University immediately prior to retirement in order to be eligible to continue as members of the Extended Health Care Plan and/or Dental Care Plan. Effective January 1, 2016, members who at retirement withdraw the commuted value of their pension will not be eligible for Post-Retirement Benefits. Employees retiring on or after January 1, 2017, who are eligible for postretirement benefits, will pay fifteen percent (15%) of the cost of the benefits premiums and the University will pay 85%. The Parties agree that no Employees, employed prior to August 1, 2015 shall be denied post-retirement benefits due to the change where eligibility for such benefits changed from five (5) years of consecutive, full-time service to ten (10) years of consecutive, full-time service. Employees hired on or after August 1, 2015 will not be eligible for Post- Retirement Benefits. 30

31 ARTICLE 19 Bulletin Board & Stewards Cards The Employer will provide one (1) bulletin board in the workplace for the convenience of the Union in posting notices of Union activities and educational material The Employer agrees to make space on the bulletin board available to the Union for a card indicating the name of the Stewards of the food services; the size of the card to be by mutual agreement of the Employer and the Union. ARTICLE 20 General The Employer agrees to maintain proper washroom and locker facilities for the employees in the bargaining unit It is the intention of the University to form a committee to discuss Food Services issues as soon as possible after the ratification of this agreement. Management agrees that UFCW will have a representative on this committee When the Employer requires an employee to be present at a meeting called by the University, time spent at such meeting will be considered as time worked Meal Allowance: Employees who primarily work in the Fresh Food Company, are required to participate in the meal plan. Employees may request to opt out of this meal program, with medical documentation satisfactory to the university, to support this request. The effective date of this change will be the ratification date of this Agreement. In year 1 of this agreement, employees will be required to pay two dollars and seventy-five cents ($2.75) per meal taken, in year 2 the cost will increase to three dollars ($3.00) per meal taken and in year 3 the cost will increase to three dollars and twenty-five cents ($3.25) per meal taken. It is understood that such meal period amounts are subsidized by the Employer and as such is deemed a taxable benefit by CRA. As such, the applicable amounts per meal will be added to the employee s Statement of Remuneration Paid (T4 Form) at year-end. This taxable benefit amount is to be reported by employees to Revenue Canada as additional income for the year. Purchases under this meal allowance must be made at the Fresh Food Company location. Management will track purchases for tax benefit purposes. 31

32 Employees who primarily work in the retail locations, may choose to participate in the meal plan program as outlines above, or pay at the retail locations with a 50% discount off the retail price. For the period of September 1 st to April 30 th, each employee must choose their preferred option before September 1 st of each year and will not have the ability to alter that choice until the following year. During the period of May 1 st to August 31 st, employees will have the ability to pay at the retail locations with a 50% discount off the retail price The Steward shall receive a copy of the bi-weekly hours of work schedule at the time of posting and at the completion of the bi-weekly period. The Food Service Supervisor will endeavor to inform the Steward of any schedule changes as soon as is reasonably practicable following such amendments Supplementary agreements, if any, shall form part of this Agreement and are subject to the grievance and arbitration procedure (a) The Employer may require employees to wear a uniform or other special article while performing their duties and the Employer shall provide the same. The employee will be responsible to see that the uniform is properly cared for and laundered regularly. (b) (c) (d) In accordance with Article (a), the University will provide each new employee who is regularly scheduled to work greater than twenty-four (24) hours per week, four (4) complete uniforms consisting of both pants and top. The University will provide each employee working less than 24 hours per week with three (3) complete uniforms consisting of both pants and tops. During the term of the Collective Agreement, uniforms considered by the Director and/or designate to be worn out or no longer suitable can be exchanged for new replacements. For positions where wear is particularly damaging, replacement uniforms will be provided by management. In exceptional circumstances, the Food Services Director and/or designate may approve additional uniforms. The Employer will require employees that are scheduled to work Banquet or Catering functions to wear appropriate black pants. The Employer will provide tops for these functions. Upon proof of purchase, the Employer will reimburse full-time employees up to one hundred and fifty dollars ($150) and part-time employees one hundred and fifteen dollars ($115) every two (2) years for the purchase of slip resistant shoes. In exceptional circumstances the Food Service Director and/or designate may authorize up to an additional seventy-five dollars ($75) every two (2) years per employee based on demonstrated need. 32

33 20.08 The level of recovery for athletic membership fees is the same as that charged to Faculty using the athletic facilities and services The level of recovery for parking expense is the same as that charged to WLUSA / OSSTF staff using this service, or as parties otherwise mutually agree. Employees who apply for parking privileges for a period of less than twelve shall be charged on a pro rata basis. The University will arrange for employees to pay this fee by installments, through regular payroll deductions The Employer agrees to pay one hundred percent (100%) of the cost of printing the Collective Agreements. The Employer will print ample copies of the Collective Agreement and return to the Union Office thirty (30) days after the proofreading by the parties Full-time employees required to take a course which is directly related to their job shall have one hundred percent (100%) of any course fee reimbursed upon successful completion of the course. If attendance is required during the employee s scheduled work period, such time shall be paid at the applicable wage rate. If travel is required, an appropriate travel allowance will be paid by the Employer. Tuition Fees (a) Full-time employees who have completed their probationary period are eligible to receive a 100% waiver of domestic academic tuition fees (or equivalent) for any undergraduate or graduate courses taken at Wilfrid Laurier University and at the Waterloo Lutheran Seminary, with the exception of the MBA program offered at the Toronto campus, and any executive style graduate degree program. This waiver provision is limited to three (3) full courses or six (6) half courses in each 12 month period commencing May 1 st each year. Employees will be responsible for the cost of private instruction, course material, books, registration and examination fees, exemption fees, and other incidental fees. Full-time employees are eligible to receive 100% reimbursement of tuition fees for the successful completion of work-related courses at a college or university other than Wilfrid Laurier when such course is not available at Laurier, and when the course is recommended by the employee s Director and/or designate. With the approval of the employee s Director and/or designate, and where such courses are offered only during working hours, the employee may take the course, and make up lost time through flexible work arrangements. The University and the Union may from time to time sponsor joint educational workshops during or following the regular working day to be held on the University premises. 33

34 Employee s dependent children or spouses are eligible to receive 100% waiver of domestic academic tuition fees (or equivalent) for undergraduate and graduate courses offered at Wilfrid Laurier University and at the Waterloo Lutheran Seminary, with the exception of the MBA program offered at the Toronto campus, and any executive style graduate degree program. For the purpose of this section the following definitions apply: a) dependent children means sons or daughters who are under twenty-six (26) years of age and either live at home or are financially supported by the employee; b) spouse means either i) A man or women who is married to an employee; or ii) A person who has been cohabiting with an employee continuously for a period of not less than one year and where the employee has publicly represented that person as his or her spouse (b) Part-time employees are eligible for a partial waiver of tuition fees, as per Appendix E. Pension Plan 20.13(a) The Parties agree to continue the Wilfrid Laurier University Pension Plan, in effect and as revised and restated on 1 July 2012, or as the same may be amended by the Board from time to time during the term of this Agreement. Any amendment to the Plan during the term of this Agreement will be subject to the agreement of the Union. For the purposes of any dispute arising under this Article (Pension Plan), the terms and conditions of the WLU Pension Plan will be those described in the copy of the Plan filed with the Pension Commission. (b) (c) (d) All full-time Employees are eligible to become enrolled in the WLU Pension Plan on the first day of the month coinciding with or following their first day of employment with the University. All part-time Employees are eligible to become enrolled in the WLU Pension Plan following two consecutive calendar years of employment in which they have either earnings greater than thirty-five percent (35%) of the Canada Pension Plan Yearly Maximum Pensionable Earnings, or have worked seven hundred (700) hours in each of the two (2) years. Effective November 1, 2012 Employees shall make contributions of seven and a half (7.5) percent for earnings below the YMPE and nine (9) percent for earnings above the YMPE of an Employee's Reference Salary to the Employee's Money Purchase Account. The University shall make contributions of seven (7) percent of an Employee's Reference Salary to the Employee's Money Purchase Account 34

35 and in addition, shall contribute such amount as is certified by the plan Actuary as appropriate to make provision for the funding of the benefits to be provided from the Minimum Guarantee Pension. Effective January 1, 2015, Employees shall make contributions of eight (8) percent for earnings below the YMPE and nine and a half (9.5) percent for earnings above the YMPE of a Member s Reference Salary to the Employee s Money Purchase Account. The University shall make contributions of seven (7) percent of an Employee s Reference Salary to the Employee s Money Purchase Account and in addition, shall contribute such amount as is certified by the plan Actuary as appropriate to make provision for the funding of the benefits to be provided from the Minimum Guarantee Pension. Effective January 1, 2016, Employees shall make contributions of eight (8) percent for earnings below the YMPE and ten (10) percent for earnings above the YMPE of an Employee s Reference Salary to the Employee s Money Purchase Account. The University shall make contributions of seven (7) percent of an Employee s Reference Salary to the Employee s Money Purchase Account and in addition, shall contribute such amount as is certified by the plan Actuary as appropriate to make provision of the funding of the benefits to be provided from the Minimum Guarantee Pension. (e) (f) (g) Subject to legislative limitations, the Minimum Guaranteed Pension Benefit will be adjusted annually by an amount equal to the increase in the Consumer Price Index for the previous year, to a maximum of four percent (4%) per year, cumulative from retirement for service accrued up to December 31, For service accrued under the Minimum Guarantee Pension Benefit on or after January 1, 2013 the Minimum Guaranteed Pension Benefit will be adjusted annually by an amount equal to fifty (50) percent of the increase in the Consumer Price Index (CPI) for the previous year, to a maximum adjustment of four percent (4%) per year, but no accumulation from retirement will apply. For Employees who take early retirement from active service with the University, the current early retirement reductions will apply to the portion of the Employee's Minimum Guaranteed Pension Benefit for service accrued up to December 31, For the Minimum Guaranteed Pension Benefit based on service accrued on or after January 1, 2013 the reduction will be 3% per year if retirement is between age 60 and age 65 and an additional reduction of 5% per year for each year prior to age 60. An Employee who is eligible to transfer funds from a previous employer's pension plan directly to the WLU Pension Plan may choose to have such funds placed as additional voluntary contributions or placed in the Money Purchase Plan with service credit for the funds transferred. In the case of service credit, the Employee shall receive from the University the actuary's report which will 35

36 include a statement of the years of service credit and an estimate of the pension income resulting from the proposed transfer. (h) (i) (j) Annually, the University will distribute to all Employees and to the Union a WLU Pension Plan Annual Information Brochure, including a summary of the WLU Pension Plan, a statement of the Minimum Guarantee Formula including any limits which may apply, and a listing of all actuarial assumptions. The University will provide the Union with three (3) copies of the WLU Pension Plan and any amendments as filed with the Pension Commission. The University will provide to the Union actuarial reports and other information concerning the funding, liabilities, and terms and conditions of operations of the WLU Pension Plan as soon as reasonably possible after such information is available. (k) Employees who, at August 1, 2015, are active members of the WLU Pension Plan will remain active members of the WLU Pension Plan and will continue to accrue service and earnings under the terms of the WLU Pension Plan as may be amended from time to time; Employees hired prior to August 1, 2015 who, as at August 1, 2016, have met the eligibility criteria to join the WLU Pension Plan but have not yet enrolled in the WLU Pension Plan will be provided with a one-time option to enroll in the WLU Pension Plan. This irrevocable option to enroll will be open to employees until October 1, Employees hired prior to August 1, 2015 who, as at August 1, 2016, have not met the eligibility criteria to join the WLU Pension Plan will no longer be a class of employees eligible to join the WLU Pension Plan. Employees hired on or after August 1, 2015 will not be eligible to join the WLU Pension Plan. (l) Group RRSP Plan Full-time employees hired on or after August 1, 2015 shall be enrolled in a group RRSP Plan, upon successful completion of their probationary period. Employees shall contribute a minimum of three percent (3%) of bi-weekly earnings up to a maximum of six percent (6%) which shall be matched by the Employer. Part-time employees hired on or after August 1, 2015 will receive compensation in lieu of RRSP, as detailed in Appendix C. 36

37 ARTICLE 21 No Discrimination The Employer and the Union agree that neither they nor their agents shall discriminate against any employee, or intimidate, interfere, restrain, or coerce any employee by reason of membership or non-membership in the Union, or by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, same sex partnership status, family status or disability. ARTICLE 22 Health and Safety The Employer agrees to provide protective equipment wherever it is required for the safe and effective performance of duties. The Employer shall make all reasonable provisions for the occupational safety and health of its employees during the hours of their employment. Protective devices on machinery and other devices deemed necessary to properly protect employees from injury shall be provided by the employer. It is the responsibility of all employees to wear safety equipment which is supplied, to observe safe working practices and to report unsafe conditions to the Employer. All rights and privileges established under the laws of the Province of Ontario in respect to health and safety shall form part of this agreement For its part, the Union agrees to promote any education programs of information and instruction initiated by the Employer or as required by relevant legislation that will promote health and safety awareness and training among employees in the bargaining unit The Employer acknowledges that that Union has the right to appoint a representative to the University s Joint Health and Safety Committee No employee shall be disciplined for refusal to perform work they believe is unsafe. The employee shall immediately report the unsafe condition to a supervisor or certified Health & Safety representative. ARTICLE 23 Workplace Harassment and Discrimination The Union and the Employer agree with and are committed to providing a work environment that is free from harassment. The parties agree to cooperate with 37

38 each other in preventing and eliminating any form of behaviour which may undermine work relationships within the locations covered by this Collective Agreement Harassment means engaging in a course of vexatious comments or conduct, related to one or more of the prohibited grounds under the Ontario Human Rights Code, that is known or might be reasonably be known to be unwelcome. Harassment also includes sexual harassment which is defined as, but not limited to, sexual assault, verbal abuse or threats, unwelcome sexual invitations or request, demand for sexual favours, or unwelcome and repeated innuendos or taunting about a person s body, appearance or sexual orientation, and constitutes sexual harassment when: (a) submission to or rejection of such conduct is made either explicitly, or implicitly a term or condition of an individual s employment; or (b) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or (c) such conduct interferes with an individual s work; or (d) such conduct creates an intimidating, hostile or offensive working environment Complaints under this Article shall be processed through the University s Harassment/Discrimination Policy. Nothing herein is intended to in any way, prevent an employee from seeking resolution through the grievance procedure set out in Article 16. Workplace Violence Both parties are committed to providing an environment that is free of violence, bullying and domestic violence as per the Occupational Health & Safety Act (OHSA). When there is a threat of violence, violence is in progress, or violence is imminent, employees shall immediately contact Special Constable Service or dial The employee shall report any incidents of workplace violence to their manager and inform the Union. The employee may also contact the Senior Advisor, Dispute Resolution & Support. Procedures for filing a complaint of workplace violence will be in accordance with University Policy 7.18 as revised June 30, 2013 and the Workplace Violence Prevention Program as amended May 20,

39 ARTICLE 24 Expiration and Renewal This Agreement shall be in force and effect from August 1, 2015 to July 31, 2018, and until all provisions of the Ontario Labour Relations Act have been expended. Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15) days of such notice being received. The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union. 39

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41 APPENDIX A FULL TIME UFCW Full-time Wages and Classifications Effective August 1, 2015 December 31, 2015 Full-time Start Classifications Lead Hand Culinary Lead Hand Production Cook Grill Cook Food Services Assoc Porter Effective January 1, 2016 July 31, 2016 Full-time Start Classifications Lead Hand Culinary Lead Hand Production Cook Grill Cook Food Services Assoc Porter Effective August 1, 2016 December 31, 2016 Full-time Start Classifications Lead Hand Culinary Lead Hand Production Cook Grill Cook Food Services Assoc Porter

42 APPENDIX A continued FULL TIME UFCW Full-time Wages and Classifications Effective January 1, 2017 July 31, 2017 Full-time Start Classifications Lead Hand Culinary Lead Hand Production Cook Grill Cook Food Services Assoc Porter Effective August 1, 2017 July 31, 2018 Full-time Start Classifications Lead Hand Culinary Lead Hand Production Cook Grill Cook Food Services Assoc Porter

43 APPENDIX B PART TIME (NO PENSION) UFCW Part-time Wages and Classifications Full-time Classifications Start 6 Effective August 1, 2015 July 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering Full-time Classifications Start 6 Effective August 1, 2016 July 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering Full-time Classifications Start 6 Effective August 1, 2017 July 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering

44 APPENDIX B PART TIME (WITH PENSION) UFCW Part-time Wages and Classifications Full-time Classifications Start 6 Effective August 1, 2015 December 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering Full-time Classifications Start 6 Effective January 1, 2016 July 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering Full-time Classifications Start 6 Effective August 1, 2016 December 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering

45 Full-time Classifications Start 6 APPENDIX B continued PART TIME (WITH PENSION) UFCW Part-time Wages and Classifications Effective January 1, 2017 July 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering Full-time Classifications Start 6 Effective August 1, 2017 July 31, Part-time Production Cook Part-time Grill Cook Part-time FSA Part-time Porter Casual Catering

46 APPENDIX C EMPLOYEES HIRED ON OR AFTER AUGUST 1, 2015 UFCW Full-time Wages and Classifications Effective August 1, 2015 July 31, 2016 Full-Time Classifications Probationary Rate Full Rate Lead Hand Culinary $18.17 $18.67 Lead Hand $15.85 $16.35 Production Cook $15.85 $16.35 Grill Cook $13.52 $14.02 Food Services Associate $13.52 $14.02 Porter $13.52 $14.02 Effective August 1, 2016 July 31, 2017 Full-Time Classifications Probationary Rate Full Rate Lead Hand Culinary $18.44 $18.95 Lead Hand $16.09 $16.60 Production Cook $16.09 $16.60 Grill Cook $13.72 $14.23 Food Services Associate $13.72 $14.23 Porter $13.72 $14.23 Effective August 1, 2017 July 31, 2018 Full-Time Classifications Probationary Rate Full Rate Lead Hand Culinary $18.72 $19.23 Lead Hand $16.33 $16.85 Production Cook $16.33 $16.85 Grill Cook $13.93 $14.44 Food Services Associate $13.93 $14.44 Porter $13.93 $

47 APPENDIX C continued EMPLOYEES HIRED ON OR AFTER AUGUST 1, 2015 UFCW Part-time Wages and Classifications Full-Time Classifications Effective August 1, 2015 July 31, 2016 Probationary Rate Full Rate In lieu of benefits In lieu of retirement savings plan Full Rate Total Lead Hand Culinary $18.17 $18.67 $0.75 $0.75 $20.17 Lead Hand $15.85 $16.35 $0.65 $0.65 $17.65 Production Cook $15.85 $16.35 $0.65 $0.65 $17.65 Grill Cook $13.52 $14.02 $0.56 $0.56 $15.14 Food Services Associate $13.52 $14.02 $0.56 $0.56 $15.14 Porter $13.52 $14.02 $0.56 $0.56 $15.14 Full-Time Classifications Effective August 1, 2016 July 31, 2017 Probationary Rate Full Rate In lieu of benefits In lieu of retirement savings plan Full Rate Total Lead Hand Culinary $18.44 $18.95 $0.76 $0.76 $20.47 Lead Hand $16.09 $16.60 $0.66 $0.66 $17.93 Production Cook $16.09 $16.60 $0.66 $0.66 $17.93 Grill Cook $13.72 $14.23 $0.57 $0.57 $15.37 Food Services Associate $13.72 $14.23 $0.57 $0.57 $15.37 Porter $13.72 $14.23 $0.57 $0.57 $15.37 Full-Time Classifications Effective August 1, 2016 July 31, 2017 Probationary Rate Full Rate In lieu of benefits In lieu of retirement savings plan Full Rate Total Lead Hand Culinary $18.72 $19.23 $0.77 $0.77 $20.77 Lead Hand $16.33 $16.85 $0.67 $0.67 $18.20 Production Cook $16.33 $16.85 $0.67 $0.67 $18.20 Grill Cook $13.93 $14.44 $0.58 $0.58 $15.60 Food Services Associate $13.93 $14.44 $0.58 $0.58 $15.60 Porter $13.93 $14.44 $0.58 $0.58 $

48 APPENDIX D Health and dental plan for full-time employees hired on or after August 1, 2015 Health Coverage: Drugs and medical 80% reimbursement up to $5000 annual out of pocket, with 100% reimbursement thereafter. Subject to lowest cost generic equivalent. $8 dispensing fee cap 80% up to $300 annually 80% up to $300 per practitioner per year Private/semi private hospital no coverage Vision $200/ 24 Out of country no coverage Dental Coverage: Fee guide 1 year prior Basic dental services 80% reimbursement up to $1200 per year 9 month recall Major dental no coverage Orthodontics no coverage Cost Sharing Single coverage - 100% employer paid Family coverage - 50% employer co- pay on premiums 48

49 ELIGIBILITY APPENDIX E UFCW Part-time Tuition Waiver 1. Eligibility is determined at the beginning of each academic term and no partial waivers will be made. 2. All employees, spouses and dependents must meet the admissions requirements of the programs and be registered as Wilfrid Laurier University students to receive the waiver. 3. If an employee, making use of the Tuition Waiver Program for self, spouse or dependent(s), terminates employment during an academic term, they will be responsible for paying for the refundable portion of the tuition cost available at the time of termination. Drop dates and refund rates are outlined in the academic calendar. Eligibility for part-time employees is determined as per the employee s respective collective agreement or handbook. The following individuals are eligible to receive the tuition waiver: 1. Part-time staff with a continuing status and who have been employed for a minimum of two consecutive years at the University. 2. Spouses and/or dependents of eligible part-time employees. The eligible employee s written permission must be provided. 3. Spouses and/or dependents of eligible part-time employees who die while employed at the University. COURSE/PROGRAM ELIGIBILITY 1. All Wilfrid Laurier University undergraduate and graduate programs offered at the Waterloo, Kitchener and Brantford campuses or at the Waterloo Lutheran Seminary are eligible for the Tuition Waiver Programs. 2. Off-campus programs, as well as the Waterloo executive style MBA program (should one be added) or other deregulated graduate degree programs are not eligible for the tuition waiver. TUITION WAIVER BENEFIT 1. Part-time staff who meet the eligibility criteria are eligible to receive up to $500 waiver per academic year towards tuition fees for the member, spouse, and dependents combined for undergraduate and graduate courses taken at Wilfrid Laurier University. 2. A tuition waiver is a non-taxable benefit if the course is being taken by the staff member for the purpose of maintaining or upgrading work-related skills. 3. Tuition waivers for courses being taken by the staff member that are non work-related are a taxable benefit for employees. 4. Non-tuition fees, including but not limited to registration and examination fees, incidental and ancillary fees, and fees for course materials, are not included in the benefit. 5. Courses will be taken outside of normal working hours. 6. The eligible employee s written permission must be provided for all spouse and dependent tuition waivers. The tuition waiver for all spouses and/or dependents is classified as income for the student in accordance with Canada Revenue Agency regulations. 49

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