001 2. CERT. FILE FEB 2 2010 AGREEMENT TOTAL EMPS … Services... · 2016. 3. 30. · cert. file...

FEB 2 2 2010 COLLECTIVE BARGAINING INFClRMATION SERVICES

AGREEMENT

Between

ALE No. l S? · 001 o ·· i 2.

CERT. FILE

CERT.DATE

TOTAL EMPS (fJ

EFF. DATE APR~ L ou; ?.00')

EXP. DATE MGlRC11 0•, :WI'l.

CODING CONTROL DATE CODER

!DENT CODED -~

RECEIVED- Fee. 'l.rJ., 2.010

UNION 111 EMPLOYER I t"'TI r:;n 1 v1dcn

UNICCO FACILITY SERVICES CANADA COMPANY

UNILEVER REXDALE

And

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 772

April1, 2009 through March 31, 2012

Unilever (Rexdale Plant) Rexdale, Ontario

Local 772, IUOE

Article

Article 1

Article2

Article 3

Article4

Article 5

Article 6

Article 7 Article 8

Article 9

Article 10

Article 11

Article 12

Article13

Article14

Article 15

Articlel6

Article 17

Article18

TABLE OF CONTENTS

Page No.

Preamble ...................................................................................................... ! Union Shop .................................................................................................. 1 Union Dues .................................................................................................. 2 Wages .......................................................................................................... 2 Hours ofWork ............................................................................................. 3 Premiums ..................................................................................................... 4 Call-In .......................................................................................................... 5 Statutory Holidays ........................................................................................ 5 Vacation ....................................................................................................... 6 Shop Steward ............................................................................................... 8 Seniority ....................................................................................................... 8 Probation ...................................................................................................... 9

Grievance ................................................................................................... 1 0

Arbitration .................................................................................................. 11 No Discrimination or Intimidation .............................................................. 12

Working Clothing ....................................................................................... 13

Benefits ...................................................................................................... 14 General ....................................................................................................... l6 Duration ..................................................................................................... 19

Appendix "A" Cost of Living Allowance ................................................... 21 Appendix "B" Letter ofUnderstanding ....................................................... 23

Appendix "C" Successor Employer Agreement .......................................... 2 7 Appendix "D" Letter of Understanding ...................................................... .29

Addendum "A" Letters of Agreement... ...................................................... 31


AGREEMENT

Preamble

Local 772, IUOE

This Agreement entered into on this ____ day of _____ , 2010 by and

Between:

UNICCO Facility Services Canada Company (hereinafter called the Employer).

And:

International Union of Operating Engineers, contracting by its Local 772 (hereinafter

called the Union).

Whereas, the parties are desirous of concluding an Agreement respecting the terms

and conditions of employment of engineer or engineers, being herein later refen·ed to as

employee or employees who are employed by the Employer at its operations located at the

Unilever Plant in Rexdale, Ontario, Canada, except those employees covered by a collective

bargaining agreement, Supervisors and those above the rank of Supervisors.

And Whereas, the parties hereto for the purpose of assuring proper conditions for

collective bargaining and for the promotion and maintenance of industrial stability and

harmony have agreed each with the other as follows:

Article 1

Union Shop

1.1 The Employer recognizes the Union as the sole bargaining agent for all employees

covered by this Collective Bargaining Agreement.

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Local 772, IUOE

1.2 The Employer agrees to inform all new employees hired (who are to be covered by

this Agreement) that Union membership is a condition of employment after thirty (30)

working days.

1.3 The Union office and the Steward concerned shall be informed at the time of all such

new employees; (cards for this purpose to be supplied by the Union). They shall be

required to submit an application card with full initiation fee to the Shop Steward at

the end of thirty (30) working days. Failing to do so, they shall be taken offthejob at

the request of the llnion. Such requests must be i..11 writing.

1.4 All members of the Union must maintain membership in the union during the life of

this Agreement.

Articlc2

Union Dues

2.1 The Employer will, during the life of this Agreement, deduct from biweekly the

regular Union dues, not to exceed the equivalent of the monthly deduction, and

initiation fee for new hires and remit same prior to the twentieth (20th) day of the

month following the month deduction is made to the Financial Secretary of the Union.

The Employer will, atthe time of making such paymentto the Financial Secretary for

the Union, name the employee from whose pay such payment has been deducted. The

Local Financial Secretary shall notify the Employer, in writing, the amount to be

deducted monthly as regular Union dues or special assessments.

Article3

Wages

3.1 The wages to be paid to employees shall be at least on the following scale from the

dates shown:

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Position

z•d Class Maintenance Coordinator

2"d Class Shift Engineers (Lead Hand)*

z•d Class Maintenance Engineers

3rd Class Shift Engineers

... rr! ....... ... ~ • . ,....., •

.5--~._;rass Maintenance .1:1ngmeers

Effective 04/01/09

$39.20

$38.91

$38.01

$37.45

$37.75

... *Second Class Shdt Engmeer Rate mcludes Lead Hand responstbthty.

3.2 Lead Hands

Local 772, IUOE

Effective Effective 12/01/09 04/01/11

$40.10 $41.30

$39.81 $41.01

$38.91 $40.11

$38.35 $39.55

$38.65 $39.85

a. The most senior qualified engineer on each shift shall be designated Lead

Hand. The Lead Hand is expected to exert supervisory control over the

operation and to assume the powers and responsibility of the Chief Engineer

when he is absent from the Plant, subject to Appendix "D", Letter of

Understanding.

b. In the event an employee performs the job duties of a higher classification, the

employee shall receive the higher rate of pay. However, if an employee is

assigned to a lower classification he shall receive his rate of pay.

Article4

Hours of Work

4.1 The two (2) methods of scheduling hours of work under this Collective Agreement

are as follows:

1. Twelve (12) Hour Shifts - Persons assigned to continuous shift

operation or Shift Engineers.

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Unllever (Rexdale Plant) Local 772, IUOE Rexdale, Ontario

n. Eight (8) Hour Shifts - Persons not assigned to continuous shift

operation or Maintenance Engineers.

a. The hours of work, premium time and overtime provisions, along with other

modifications of the Collective Agreement that govern twelve (12) hour shifts

are contained in Appendix "B" of this Collective Agreement.

b. The eight (8) hour shift provisions are contained in this Agreement (as set out

in part, below) and apply to all employees unless specifically amended by

alternate agreements or appendices.

c. The regular hours of work shall be forty ( 40) hours per week, composed of five

( 5) days of eight (8) consecutive hours each. Days off shall be consecutive

wherever possible. Maintenance shifts shall be 7:30 am to 3:30pm daily.

4.2 All work per day or per week, performed other than during the regular scheduled

hours of work, shall be overtime work and shall be paid for at the rate of time and

one-half (1 Y:z) or at the appropriate rate as otherwise stated in this Agreement.

4.3 The Employer will post weekly schedules for work as well as in advance as possible.

It should be understood and agreed that schedules may be varied to meet sickness and

emergencies. Forty-eight ( 48) hours notice will be given to engineers for change of

schedule.

Article 5

Premiums

5.1 Shift Premiums

a. A premium of one dollar and twenty cents ($1.20) per hour shall be paid for

hours worked from 3:30 pm to 7:30 am.

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5.2 Weekend Premium

Local 772, IUOE

a. Double-time (2x) will be paid for all hours worked between 11:30 pm Friday

and 11:30 pm Sunday.

Article 6

Call-In

6.1 Any employee called in on his off-time shall be paid at least four (4) hours pay at time

and one-half (1 'h) except when the appropriate premium rates shall apply.

If an employee is required to report back for work within nine (9) hours of finishing

his or her regular shift, they shall be guaranteed four ( 4) hours work at time and one

half ( 1 'h) and to continue at this rate beyond four ( 4) hour for all hours worked.

6.2 One individual will be designated as standby for each statutmy holiday. This man

must make himself on-call and available for call-in, if required. The individual will

be compensated for four (4) hours pay at straight time (lx) or may elect to save these

four ( 4) hours as time in lieu.

Article 7

Statutory Holidays

7.1 The following statutory holidays to be paid by the Employer:

• New Year's Day • LabomDay

• Good Friday • Thanksgiving Day

• Victoria Day • Day Before Christmas Day

• CanadaDay • Christmas Day

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Uni!ever (Rexdale Plant) Rexdale, Ontario

• Civic Day

• Family Day (3'd Monday/February)

Local 772, IUOE

• BoxingDay

• Day Preceding New Year's Day

If worked all hours to be paid for at the rate of double-time (2x) plus the regular day's

pay. A regular day's pay for Maintenance Engineers shall be eight (8) hours. A

regular day's pay for Shift Engineers shall be twelve (12) hours. Alternatively,

employees may elect to take a day off in lieu and to take their regular day's pay at that

time. The Employer must be notified within three (3) days of the employee's

decision. A maximum of four ( 4) lieu days may be accumulated and the timing is

subject to mutual agreement. Standby lieu time can be accumulated as part of the four

(4) day maximum.

7.2 If a statutory holiday falls on an employee's regular day off or during vacation the

employee shall receive an additional day's pay.

7.3 Should an official holiday fall on a Sunday, the Employer will regard the following

Monday as a paid holiday. Should any such holiday fall on a Saturday, the Employer

may, at its discretion, recognize the preceding Friday or the following Monday as a

paid holiday.

Article 8

Vacation

8.1 It is agreed that employees in the service of the Employer for a period of one (1) year

or more shall receive two (2) week's vacation annually with pay. (It is understood

that years of service in the Article shall include time worked for Unilever.) As of July

151 in any year, employees with less than twelve (12) months of service shall be paid

four(4%) percent of eamings to that date and be entitled to one-half(Y,) day vacation

time per month served.

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Local 772, IUOE

Further, as of the twelve (12) month anniversary, such an employee will be paid four

(4%) percent of earnings for the period between July 1" and his anniversary. As of

this anniversary, the employee will be entitled to ten (10) days vacation less days

already consumed by virtue of his previous July 1" entitlement. On July 1" following

his anniversary, the employee will be paid according to paragraph 8.3 and be entitled

to two (2) weeks vacation in the vacation year commencing on this July 1".

Employees will be given holidays on a seniority basis.

8.2 Additional vacation time is to be taken at some period other than at the time the

regular two (2) weeks is allowed, unless some mutually satisfactory arrangements can

be worked out between the Employer and the employees.

8.3 Vacation entitlement and pay shall be based on completed years of service with the

Employer. The amount of vacation pay shall be the appropriate percent of the pay of

the employee for all work done in the twelve (12) month period ending July I" as

follows:

Years of Completed Service Vacation Entitlement Vacation Pay by December 31'1

1 year 2 weeks 4%

3 years 3 weeks 6%

8 years 4weeks 8%

17 years 5 weeks 10%

28 years 6weeks 12%

8.4 Should an employee take his vacation prior to July I'' he will have the option to be

paid at the time of the vacation the appropriate earned vacation pay to that date. Any

U nilever (Rexdale Plant) Rexdale, Ontario

Local 772, JUOE

balance owing shall be paid after July 1 ". If this option is not exercised, the employee

will receive the full vacation pay after July 1 ''.

Article9

Shop Steward

9.1 Shop Steward shall mean an employee elected by members of the bargaining unit to

act on its behalf and to assist employees in presenting their grievance to

representatives of the Employer in accordance with the Grievance Procedures.

Stewards shaH be paid for time spent in handling grievances while on Unilever

premises within their scheduled hours of work or at the appropriate overtime rate for

off-shift meetings, with authorization from Management.

9.2 During negotiations the Employer agrees to pay a regular day's pay for one Shop

Steward and one Assistant for each day ofbargaining. Overtime shall not be paid for

replacements for this purpose.

9.3 Steward to be allowed paid leave of absence to attend educational training courses

(i.e., Health and Safety, Union Educational Seminar, etc.), subject to management's

approval.

ArticlelO

Seniority

10.1 Seniority, as referred to in this Agreement, shall mean length of continuous service

with the Employer and with Unilever in one or more job classifications covered by

this Agreement.

10.2 In the event oflayoff, the amount of seniority an employee can exercise is the amount

of seniority acquired in that job classification or higher qualified position within the

bargaining group.

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Unllever (RexdnJe PJant) RexdaJc, Ontario

Local 772,1UOJ>

10.3 The employee in the job classification affected by the reduction having the least

exercisable seniority shall be laid off. Such employee may then exercise his seniority

in the next lower job classification. The amount of seniority exercisable in such lower

job classification shall be the seniority acquired in that job classification and a higher

job classification within the bargaining group.

10.4 The Union Steward shall be notified before any layoffs.

10.5 Rehiring shall be in reverse order oflayoffs.

10.6 In the event of promotions or new classifications covered by this Agreement, other

than to supervisory position, the qualified applicant employee with the greater amount

of seniority acquired in the department shall be promoted, providing applicants have

the equal skill and ability. The employee shall have the option of returning to his

previous position within ninety (90) calendar days.

10.7 Notice of vacant positions shall be posted in the power plant control room within five

(5) working days of a vacancy. Such vacancy shall remain posted for a period of

fourteen (14) calendar days. Notwithstanding, an employee may be assigned to the

vacant position for a period of time not to exceed thirty (30) calendar days.

10.8 The Employer agrees to post any new position and provide the job description to the

Union. If mutoally agreed, the new position and job description will be deemed to

form part to the Agreement.

Article 11

Probation

11.1 It is agreed that in the event of any engineer being hired, the Employer shall consider

the first ninety (90) working days ofhis employment as a probationary period, during

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Unllever (Rexdale Plant) Rexdale, Ontario

Local 772, IUOE

which time the Employer and Shop Steward shalljointlyreview his capabilities. The

Employer reserves the right to retain or dismiss said engineer.

11.2 While on probation, the services of such engineer shall be governed as to hours,

wages and conditions as stated in the Agreement.

Article 12

Grievance

12.1 The employees, through their accredited representatives, shall have the right to

discuss, at a suitable time, any written grievance involving any controversy,

complaint, misunderstanding or dispute with the Account Manager. The meeting

shall be held within three (3) working days ofthe time of the alleged grievance or if

not practicable at a time mutually convenient to the parties. The Account Manager

shall give his answer within forty-eight ( 48) hours in a written response on an

appropriate grievance form, as supplied by the Union.

12.2 If the reply is not satisfactory, and the grievance remains unsettled, the Union may

submit the issue to the Employer's Labor Relations Department for a response. The

Employer's Labor Relations Department shall respond to the grievance within ten

(1 0) calendar days of receipt of the grievance. If the response is not satisfactory, the

Union may forward to arbitration. If no actual agreement is reached at any step of this

grievance procedure, the matter will proceed in accordance with paragraphs 13.1 and

13 .2 or 13 .3 of this procedure.

12.3 It is further agreed that the Union and the Employer shall have the right to originate a

grievance at a time not later than six ( 6) days from the date of the alleged grievance

with regard to any dispute in the interpretation or manner in which the contract is

being complied with. The Union and the Employer representatives shall first discuss

the complaint, such complaint to be either discussed or resolved within a period of

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Local 772, IUOE

three (3) days. If no actual agreement is reached either party shall submit to the

arbitration procedure.

12.4 It is understood that wherever hours or days are referred to in this Article, Saturday,

Sunday and Statutory Holidays shall be excluded.

12.5 Timelines herein may be extended by written mutual agreement only.

Articlel3

Arbitration

13.1 Failing settlement by adjustment of any dispute concerning the interpretation of an

alleged violation of this Agreement, within fifteen (15) days after management's

decision is given, in writing, the matter shall be deemed to have been settled or

abandoned. If either party requests arbitration in accordance with the foregoing

Article, the parties in such event shall set up an Arbitration Board consisting of a sole

Arbitrator acceptable to both parties. The parties hereto shall jointly bear the expense,

if any, of the Arbitrator. Should the parties fail to agree on an Arbitrator within five

( 5) days they shall apply to the Minister of Labour for the Province of Ontario, who

shall appoint an Arbitrator.

13.2 Where an Arbitration Board determines that an employee has been discharged or

otherwise disciplined by the Employer for cause and the Collective Agreement does

not contain a specific penalty for the infraction, that is the subject matter of the

arbitration, the Arbitration Board may substitute such other penalty for the discharge

or discipline as to the Arbitration Board seems just and reasonable in all the

circumstances.

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13.3 Alternative Dispute Resolution Process

Local 772, IUOE

a. Failing a satisfactory settlement, the parties may, on mutual agreement, submit

the grievance to the Panel for final settlement. The Panel shall be comprised

of four ( 4) persons: two (2) of whom shall be selected by the Employer and

two (2) of whom shall be selected by the Union from the list of candidates

provided by the coordinator of the Panel. In the eventfour ( 4) persons are not

available, the Panel shall be comprised of two (2) persons: one (1) of whom

shall be selected by the Employer and one (1) of whom shall be selected by the

Union. The Employer and the Union shall only select experienced

representatives as nominees to the Panel, as required. In the selection of

representatives, neither the Employer nor the Union shall name representatives

who are involved in the Agreement.

b. In resolving the grievance, the Panel shall have the same judicial powers as a

Board of Arbitration and shall be governed by its rules of procedure as set by

the Panel from time to time. Any decision rendered by the Panel shall be final

and binding on the parties, but not precedent setting. Where the Panel is

deadlocked and unable to render a decision, the grieving party must, within

fourteen (14) days of the declared deadlock, unless it wishes to withdraw the

grievance, proceed to Schedule 2 of the Panel's grievance process or

alternatively to arbitration in accordance with Article 13 - Arbitration.

Article 14

No Discrimination or Intimidation

14.1 The Employer agrees that no discrimination or intimidation will be practiced or

permitted by any of its officials, officers, foremen or othe1wise, against any employee

by reason of or arising out of, directly or indirectly, trade union membership or

activity or because of race, colour or creed.

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Local 772, IUOE

14.2 The Union agrees not to conduct any Union activity on the Employer's time or on

Unilever's premises.

14.3 No Strike No Lock-Out

a. There shall be no strikes, walk-outs, lock-outs, or other similar interruption of

the work during the life of this Agreement. The Union agrees that it will not

involve the Employer in any controversy or dispute arising outside of the

Agreement.

b. In case of lock-out or legal strike of any Union which has a Collective

Agreement with any Employer operating at this site, it shall not be considered

a violation of the Agreement for any member of this Union to refuse to supply

steam or refrigeration where such a controversy is going on. However, the

Union agrees that employees shall be required to provide steam and

refrigeration for the protection of any Employer's equipment and the

preservation for disposal or otherwise of the inventories on hand at the time

such strike begins.

Article 15

Working Clothing

15.1 The Employer agrees to supply shuts and pants to be worn by engineers and to

launder same. Coveralls, rubber boots and work gloves will be supplied for work on

Unilever's premises that require their use. The Employer will supply each employee

with a replacement coat for outdoor work, as required, on an individual basis.

15.2 The Employer shall supply safety shoes, as needed, to a maximum of two (2) pairs per

year. On-site vendors may be utilized in the purchase of the safety shoes.

- 13 .


Article 16

Benefits

Local 772, IUOE

16.1 All benefit items as of September 2006 are now replaced with the Employer's

Employee Benefits Plan package insured through Great West Life. The Employer

shall provide a Summary Plan Description, where available, to outline the following

benefits and coverage amounts, as well as applicable Employer policies:

Basic Life Insurance with AD&D

Major Medical Insurance

Dental Plan

Disability Income Benefits

Retirement Benefits

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1 \1, times employee's salary.

Extended healthcare.

Short and long-term disability.

The Employer agrees to open Registered

Retirement Savings Plans on behalf of each

employee. The Employer shall contribute

three (3%) percent of the employees' gross

salary to the Retirement Plan.

Contributions will be remitted on a

monthly basis based upon the previous

month's earnings.

Effective January 1, 2010, the Employer

shall contribute three and one-half (3 \1,)

percent of the employee's gross salary to

the Retirement Plan. Employees will be

required to contribute three (3%) percentto

the Retirement Plan from their own salary


Bereavement Leave

Local 772, IUOE

and will have the option of contributing up

to another two (2%) percent of their salary

to the Plan.

Up to five (5) consecutive working days

(including the day of the funeral) in the

event of the death of a member of the

immediate family (i.e., father, mother,

law, son/daughter-in-law, stepfather,

stepmother, stepson, stepdaughter or

grandchildren).

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Up to two (2) consecutive working days

(including the day of the funeral) in the

event of the death of a grandparent,

sister/brother-in-law or any other relative

by blood or marriage residing with the

employee.

An employee requesting bereavement leave

and being authorized same may be

requested to furnish evidence of the death.

In special cases, additional time off,

without pay, may be authorized depending

upon circumstances.

Bereavement During an Employee's

Vacation: In the event of a death during an

employee's vacation, the employee will be


Moving Day

Local 772, IUOE

entitled to take the appropriate number of

vacation days lost due to the death at a time

convenient to the Employer and the

employee.

In the event of change of personal

residence, the employee will be entitled to

take one (l) day off with pay.

Article 17

General

17.1 The Employer agrees to check off monies for the Credit Union upon receipt of

authorization by the employees. Changes in amount may be made every three (3)

months.

17.2 The Superintendent or Manager will recognize the Steward and shall inform him of

all laying off or discharge and all Union personnel changes. This information shall be

considered confidential.

17.3 The Employer shall entertain no complaint involving an alleged breach of any

provision ofthis Agreement until the complaining party has given a written statement

of each complaint to the Steward or Business Agent.

17.4 A copy of Employer's bulletins pertaining to Union members shall be given to the

Steward.

17.5 The Union representative shall have access to the Employer's premises at any

reasonable time to see that the Agreement is being complied with.

17.6 The Employer will supply Union notice boards.

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Local 772, IUOE

17.7 The Employer may discharge or dismiss any employee for good cause upon one (1)

week's notice or one (1) week's pay in lieu of notice, except that the Employer shall

have the right to summary dismissal or discharge upon any of the following grounds

or similar serious cause:

a. Stealing or dishonesty.

b. Drinking while on duty or being under the influence of liquor or drugs while

on duty.

c. Direct refusal to obey orders given by the proper party unless such orders

jeopardize life, health or safety of the employees.

Any record of discipline on an employee's file will not be used for further progressive

discipline after eighteen (18) months from the date of issuance provided it was not a

matter of dishonesty, theft, assault or direct refusal to obey orders given by the proper

pmty, unless such orders jeopardize life, health or safety of the employee.

17.8 Leave of Absence

a. In the event of sickness of an employee, or in the event of sickness in an

employee's family necessitating time off, leave of absence may be granted for

a period of up to six (6) months by mutual agreement between the Employer

and the Union without loss of seniority.

b. Where defmite proof is given of extreme necessity this leave of absence may

be extended by mutual agreement between the Union and the Employer.

c. No employee shall be given leave of absence for the purpose of going into

other employment.

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Local 772, IUOE

d. Leave of absence to attend Union Convention shall be granted providing

Employer has the necessary replacement and providing there is no additional

cost to the Employer.

e. Leave of absence to hold office in the Union shall be granted up to one ( 1)

year without loss of seniority.

17.9 No employees shall be asked or permitted to make any verbal or written agreement

which may conflict with this Agreement.

17.10 Where it is necessary for any employee to be absent from work on Union business on

matters pertaining to the Agreement, the Employer agrees to release such employee

for the time necessary at the request of the Union, at no expense to the Employer.

Overtime shall not be paid for replacements for this purpose. Effective January 1,

2010, the Employer shall pay for one (1) days pay for one (1) employee to be released

from work for Union business.

17.11 Where an employee is called on jury duty they shall be paid his full pay by his

Employer in return.

17.12 Tool Allowance

a. An annual tool allowance will be provided to be paid out as the

commencement of each contract year. This will be two hundred and eighty

dollars ($280.00) for Operators and four hundred dollars ($400.00) for

Maintenance Engineers. Effective April 1, 2007, the allowance shall be

increased to three hundred dollars ($300.00) for Operators and four hundred

twenty dollars ($420.00) for Maintenance Engineers. Tool allowance is pro

rated for newly hired employees after they have completed their probation.

17.13 Engineers to have a representative on the Plant Safety Committee.

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17.14 Management Rights

Local 772, IUOE

a. All functions of Management, unless expressly limited by the Agreement, are

reserved to and are vested exclusively in the Employer. The Chief Engineer,

representing Management shall have the right to hire, suspend and discipline

employees. The Employer, the Union and the employees agree to comply with

the Technical Standards and Safety Act and the Operating Engineers'

Regulation of Ontario, as amended from time to time.

17.15 Persons outside the bargaining unit shall only perform work of persons within the

bargaining unit when bargaining unit personnel are not available or have refused

overtime.

17.16 If a maintenance employee is required to work ten (1 0) consecutive hours on one shift

he shall be granted a meal allowance often dollars ($10.00).

17.17 The Employer shall reimburse employees for the full cost of any license or certificate

required for the legal and safe operation/maintenance of the Power Plant and related

equipment and areas.

17.18 No bargaining unit employee shall be laid off or suffer a reduction in their regular

hours of work while the Employer simultaneously contracts out work which they are

qualified to perform.

Article 18

Duration

18.1 This Agreement shall remain in effect from April!, 2009 until March 31, 2012.

Notice of termination of this Agreement or notice of intention to negotiate

amendments to this Agreement shall be given by either of the contracting parties not

more than ninety (90) days and not less than thirty (30) days from the expiry date of

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Local 772, IUOE

this Agreement. Negotiation, if so requested, shall co=ence within fifteen (15) days

after the date upon which such notice has been given by either party.

In Witness Whereof the parties hereto have hereunto set their hands and seals, the

}!)_ 1A day of (-0. , 2010.

Signed on behalf of the Employer UNICCO Facility Services Canada Company ~ By: ~f>-~

James B. Canavan Vice President- Labor Relations

Date: 1..-ft ~/tv

Signed on behalf of the Union International Union of Operating Engineers,

~;~al772 & Qi.;:Jk . Gregt1oam Business Manager

Date: ~. (.2._ /1 o

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Appendix "A"

Cost of Living Allowance

Local 772, IUOE

All employees covered by this Agreement, except students, seasonal employees and

probationary employees, shall be entitled to a Cost of Living Allowance (COLA) based upon

the Consumer Price Index (CPI- all items, Canada- base, 1971 - 100) published by

Statistics Canada as set forth below:

a. The entire COLA of$1.49 per hour has been folded into the base rate effective April

1, 1987 leaving zero float.

b. The CPI published in April1981 shall be compared with the CPI published in July

1981. An allowance of one cent ($0.01) per hour shall be incorporated into the base

rate for each hour worked from August 1 to October 31 for each zero point five (0.5)

point increase by which the July 1981 CPI exceeds the April 1981 CPl.

c. The October 1981 CPI shall be compared with the CPI published in July 1981. The

base rates shall be adjusted by an additional one cent ($0.01) for each hour worked

from November 1 to January 31, 1981, for each zero point five (0.5) point increase by

which the October 1981 CPI exceeds the July 1981 CPl.

d. A similar comparison shall be made thereafter on the basis of the CPI published every

succeeding three (3) month period during the remainder of the term of the Agreement.

e. If there is a decrease in the CPI on the basis of the quarter to quarter comparison, an

employee's applicable hourly rate shall not be reduced.


Local772, IVOE

f. Continuation of the COLA formula shall be conditional upon the continued

availability of the official CPI in present form and calculated on the same basis as in

April1981. No adjustment retroactive or otherwise shall be made due to any revisions

which may later be made in a published index, unless due to a mathematical error in

its calculation.

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Appendix "B"

Letter of Understanding

Unilever Rexdale Plant 12-Hour Continuous Shift for Operating Engineers

Purpose

Local 772, IUOE

The purpose of this agreement is to provide an equitable means of adapting current contract

clauses that would be affected by a twelve (12) hour shift schedule.

General Understanding

It is understood that the implementation of a twelve ( 12) hour shift schedule will not result in

an additional cost to the Employer. This shift schedule shall cover Shift Engineers required

to work on a continuous shift basis and Maintenance Engineers required to cover shifts for

Shift Engineers (i.e., vacation).

During the period the twelve (12) hour shift schedule is in effect, the following shall be

deemed to amend the appropriate paragraphs of the collective agreement, as applicable to the

twelve (12) hour shift schedule.

Hours of Work

Shift Engineers' hours will be 7:30am to 7:30pm and 7:30pm to 7:30am or as required for

site operation. The twelve (12) hour schedule will be considered the regular scheduled hours

for purposes of Article 4- Hours of Work, paragraphs 4.1 and 4.2. Consecutive hours

worked shall not exceed sixteen (16) hours at one time or sixty (60) hours per week

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Shift Premium

Local 772, IUOE

A premium of one dollars and twenty cents ($1.20) per hour shall be paid for hours worked

between 3:30pm and 7:30am as per Article 5- Premiums, paragraph 5.1.

Weekend Premium

As per Article 5- Premiums, paragraph 5.2.

Statutorv Holidav Pav

When an employee's regular scheduled twelve (12) hour day falls on one of the Statutory

Holidays as detailed in Article 7 - Statutory Holiday, paragraph 7.1, such employee shall

receive holiday pay for twelve (12) hours plus pay at double time (2x) for all hours worked

on that holiday or may utilize lieu time provisions as per paragraph 7 .I. Four ( 4) lieu days

shall equal a maximum of forty-eight ( 48) hours.

Vacation/ Absenteeism

Vacation pay will be calculated as per Article 8 - Vacation, paragraph 8.3 and will be

granted in periods of no less than one (1) week (7 days). Coverage for vacation will be paid

the same way as for Shift Engineers. If Maintenance Engineers covers Shift Engineers for

absenteeism, they will receive the applicable rates of pay according to their regular

maintenance schedule.

Group Benefits

As per the Collective Agreement.

-24-


Bereavement Leave

Local 772, IUOE

A working day off with pay shall mean twelve (12) hours pay at the regular hourly rate when

scheduled to a maximum of five ( 5) days.

Meal Allowance

If an employee is required to work overtime after twelve (12) consecutive hours of work he

shall be granted a meal allowance of$10.00.

COLA

As per the Collective Agreement

Short-Time Disabilitv

As per the Collective Agreement

Implementation

The twelve (12) hour shift schedule will take affect the first Sunday, mutually agreed to,

following the signing of this Agreement.

It may be necessary to amend this Appendix to cover discrepancies as they arise from the

twelve (12) hour shift schedule and the parties agree to negotiate any such discrepancies.

Failure of the parties to agree may become the subject of a grievance and dealt with as herein

provided.

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Unilever (Rexdale Plant) Rexdale, Ontat·io

12-Hour Continuous Shift Schedule

Local 772, IUOE

The twelve (12) hour continuous shift operation will operate on a four ( 4) week cycle as

follows:

s M T w TH F s

1 D D N N N

') N D D M

3 N N N D D

4 D

52/4 - 13 cycles

This schedule may be changed as required by mutual consent of the Employer and the Union.

Signed on behalf of the Employer UNICCO Facility Services Canada Company

By: ~13 ~~<!!(,., James B. Canavan Vice President- Labor Relations

Date: 2-'1/-10

Signed on behalf of the Union International Union of Operating Engineers, Local 772/JA :" 1 .tr By: ~J~

GregHoath Business Manager

Date: {ice.. j"J ) (0 l

-26-


Appendix "C"

Successor Employer Agreement

Local 772, IUOE

Whereas, Unilever and UNICCO Facility Services Canada Company entered into an

Agreement dated March 10.2006 for management and operation by UNICCO of the

Boiler Plant and associated systems owned by Unilever, UNJCCO and Local 772, IUOE

agree to the following:

1. That this transfer will result in UNICCO becoming a successor Employer and,

therefore, UNICCO is bound by the cun·ent Collective Agreement in accordance with

the provisions of the Ontario Labour Relations Act as amended.

2. That the transfer will result in UNICCO becoming a successor Employer within the

meaning of the Employment Standards Act as amended, and, therefore, the

employment of employees transferred shall not be te1minated and the period of

employment with Unilever shall be deemed to have been employment with UNICCO.

3. That the transferred employees shall not be laid off for the term of the Collective

Agreement except for plant closure (pmtial/total) or circumstances beyond the control

ofUNICCO.

4. UNICCO and the International Union of Operating Engineers, Local772jointly agree

that if, during the term of Unilever's contract with UNICCO, the management and

operation of the facilities, in whole or in pa1t, is transferred back to Unilever or

transferred to a new operator, those parties will be considered a successor employer

bound by the collective agreement in existence at that time and those employees have

the right to be transferred back to Unilever or to the new operator with all seniority,

service and union rights recognized.

-27-


Local 772, IUOE

5. That, if during the term the operation is sub-contracted, the Union shall receive sixty

( 60) days written notice and the sub-contractor will be deemed a successor employer.

Signed at _H._· _/11V\.'---'(_l. f<~• ~'--- on this the __,i_::J..._--tH __ , day of __,(-1'--~----'-' _,, 20 1 0.

Signed on behalf of the Employer UNICCO Facility Services Canada Company...-.-- 4 By: ~_3.~

James B. Canavan Vice Piesident- Labor Relations

Date: ?... -li-te)


~;~al772&~ Greg Roath Business :t"vfanager

Date: F£!> -)2-.. /1 o

-28-


Appendix "D"

Letter of Understanding

Local 772, IUOE

When the Chief Engineer is absent from the plant such that the Company is required by law

to replace him, the Company shall assign a qualified member of the bargaining unit as

"Acting Chief'. This assignment shall be as follows:

a. The Company shall inform all qualified members of the bargaining unit that it

requires a volunteer representative to be the "Acting Chief' for a specified period. Of

these volunteers, the Company shall then assign the most senior qualified employee

whose schedule allows him or her to accept the assignment without requiring the use

of overtime, subject to any unforeseen circumstances. When possible, notice will be

provided by the Company in advance to allow as much flexibility in schedules as

possible.

b. In the event that no qualified member of the bargaining unit volunteers to be "Acting

Chief', the Company may assign the most junior qualified member of the bargaining

unit to be "Acting Chief' for the specified period, with respect to Article 4-Homs of

Work, paragraph 4.3 of the Collective Agreement (48 hours notice).

c. A member of the bargaining unit assigned to be "Acting Chief' shall, so long as

required by law, have the same work schedule as the Chief Engineer. Upon

completion of his or her assignment as "Acting Chief', the member of the bargaining

unit shall return to his or her regular schedule unless he or she agrees otherwise with

the Company.

d. The hourly rate received by a member of the bargaining unit for the period of the

"Acting Chief' assignment shall be equal to the Lead Hand Shift Engineer rate plus a

premium often percent (10% ). Normally the assigned period is eight (8) hours per day

plus any overtime required carrying out the duties of the Chief Engineer as may be

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Unilever (Rexdale Plant} Rexdale, Ontario

Local 772, IUOE

required by the "Acting Chief' role (as per Article 4.l(ii) and 4.2 of the Collective

Agreement).

e. The "Acting Chief' is a member of the bargaining unit and shall not exercise

managerial functions of a labour relations nature.

This Letter of Understanding is part of the collective agreement and is enforceable as such. It

is agreed to on a without precedent or prejudice basis and expires with the current Collective

Agreement, lvfarch 31, 2012.

Signed on behalf of the Employer UGL Unicco

By:~{~ James B. Canavan Vice President- Labor Relations

Date: 2..-1}-/0


~;~al77~ LJ~ GregHoath Business Manager

Date: fi:&.;Q__j{o

-30-

IUnicco

Mr. Greg Roath Business Manager

Addendum "A"

Letters of Agreement

December 17, 2009

lnternational Union of Operating Engineers Loca1772 1030 Upper St. James Street, Suite 401 Hamilton, Ontario, Canada L9C 6X6

Dear Mr. Roath:


This letter is to confirm our discussions in the recent negotiations for collective bargaining agreements with the Engineers as well as Custodial Maintenance concerning the issue of plant policy and safety shoes and the issue of prescription safety glasses.

In the event that Unilever implements anew policy with respect to the requirement of safety shoes at the Rexdale facility, UGL Unicco agrees to adhere to such policy as it relates to its employees at the site.

All employees are required to use safety glasses in the production areas of the Rexdale plant. In the event an employee needs prescription safety glasses the Employer will replace them once every two (2) years, if needed.

I trust thallhis letter is consistent with our discussions.

Very Truly Yours,


JBC/hd

UOl Unicco • 200 Brood acres Drive • Bloomfield, NJ 07003 • Phone: 973-771-254 I • !"ax: 973-771-0181 • E-mail: [email protected]

~Unicco I!Iilll

Mr. Greg Hoath Business Manager Local 772 IUOE 370 Main Street, East - Suite 302 Hamilton, Ontario L8N 1J6

James B. Canavan Vice President- Lnbor ReiDiions

January 21,2010

Regarding: Unilever, Rexdale- Great West Benefit Plan

I am writing in reference to the above captioned job location and pursuant to our discussions concerning the Great West Life Benefit Plan and any potential discrepancies which might in the future exist between the Unilever Stationary Engineers' Group Benefits Plan effective April!, 1999. While UNICCO believes that the Great West Plan presented as recently in their letter of September 1, 2006 sufficiently mirrors the coverage your members currently receive under the current Unilever Plan especially with Tespect to the covered dollar amounts, we understand your concerns and questions regarding the level of detail in the Great West Plan.

Since Great West will need a number of weeks to prepare a complete booklet that will provide you with this level of detail, UNICCO is prepared to expedite the process of ratification of our tentative · Agreement by making the following representation:

UNICCO will agree to assume the same level and detail ofbenefits as currently exist in the Unilever Plan for the Dental and Major Medical/Prescription Drug Coverages.

Other parts of the Benefit Plan have been addressed by the parties through the Collective Agreement, side letter or have been addressed/waived by the parties in the bargaining process.

I trust that this resolves any and all outstanding issues concerning the benefit issues. It is our expectation based upon the above that the Union will move towards ratification of the parties' tentative Agreement early next week. I have made revisions to the Collective Agreement consistent with the modifications that the Union requested and will forward these to you along with a signed copy of the Agreement ready to be executed by the Union after ratification.

i:1.~urs, JamesB.C~ Vice President- Labor Relations

JBC/hd

UGL Unicco • 200 Broadacres Drive • Bloomfield, NJ 07003 • Phone: '913-771-2541 • Fax: 973-771-018-1 • E-mail: [email protected]

001 2. CERT. FILE FEB 2 2010 AGREEMENT TOTAL EMPS … Services... · 2016. 3. 30. · cert. file...

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