BETWEEN: WYNN AVIV CORPORATION › sites › mol › drs › ca › Real Estate...Wynn Aviv...

THIS AGREEMENT made and entered into th,is 13m day of June, 2013.

BETWEEN:

WYNN AVIV CORPORATION (Beacon Hill Tower and Riverside To)ver)

-and-

(hereinafter called the "Employer") OF THE FIRST PART

UNIVERSAL WORKERS UNION L.I.U.N.A. LOCAL 183

ARTICLE 1- RECOGNITION

(hereinafter called the "Uoion") OP THE SECOND PART

1.0 l The Employer recognizes the Union as the sole collective bargaining agent for all

of its own employees employed to perform work normally performed all work associated with

building maintenance and janitorial cieaning. including Resident Superintendents (as defined. in

Appendix "A" of this Collective Agreement) save and except Property Manager, Property

Management office and clerica.l staff and surnmer students, at and out of such buildings,

complexes of buildings or central maintenance department as referred to in Schedule. "A" hereto

as the same may be amended or added to ft"9m time~to-time, it being understood that any

additions to Schedule "A" shall be limited to buildings, complexes of buildings or central

maintenance departments located within Ontario Labour Relations Board Construction

Geographic Area No. 8.

ARTICLE 2 -UNION SECURITY

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

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

bargaining unit described in Article I of this Agreement.

Wynn Aviv Corporation (Beacon Hill & Riverside Towen~ 2012-2015

2.02 The monthly Union dues shall be equivalent to one point eight percent (L8%) of

each employee's grQss monthly earnings and the Employers shall make such deductions from the

pay due to the employees and shall forward such deductions to the Secretaryn'reasurer of the

Union not later than the fifteenth (15th) day of the month following the month in whi'ch the

deductions were made.

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

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

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

2.04 The Uhio!l shall indemnify the Employer from any claim which may arise from

deductions made pursuant to this Article.

2.05 'No' employee covered by this Agreemenr shall as a result of same suffer and/or

incur any loss or reduction in hours, wages or any other benefits and/or conditions of

employment, monetary or otherwise for purposes of benefit coverage etc.

2.06

(a)

Employee Attendance of Staff Meetings

Where an employee is directed by the Employer to attend a staff meeting in

service or a committee meeting during his/her regular working hours, the

employee shall be compensated at his/her regular hourly rate for the time spent in

such attendance (including their lunch and/or break times.

(b) Where an employee is directed by the Employer to attend a staff meeting, in~

service or committee meeting outside of normal working hours, he/she shall be

credited with the equivalent time off at his/her basic rate of pay.

2.07 The Employer agrees to provide the Union upon request an updated list of

employees covered by this Agreement, their classification, employee status and updated contact

information including addresses, phone numbers, etc.

Wynn Aviv Corporation (Beacon Hill & Riverside Tower~~ 2012·2015

ARTICLE3 -MANAGEMENT RIGHTS

3.01 The Employer shall have the exclusive functioning option to conduct their

business in all respects in accordance with their commitments and responsibilities, including but

not limited to the right to;

(a:)

(b)

(c)

(d)

(e)

manage, locate, extend, schedule, curtail or cease maintenance operations;

determine the n\lmber of workers required for any or all operati:ons; judge the

qualificati'on of employee,s; as~ign or reassi_gn work loads of employees;

determ ine .and evaluate th.e content and functions of all jQbs and ~lassifications;

revise work assignments ·at any time and maintain an efficient mobile work force

with diverse skills;

detennine the types and placement of machines, t0ols, materials and equipment;

and to intr_oduc.e new or improved. systems and equipment;

hire, classify .. promote, transfer and lay-off employees and to discharge~ demote

and suspend employees, provided that a claim by an employee that he has been

classified, transferred, laid~off, discharged, demoted, suspended or unjustly

treated shall be subject to the provisions of the Grievance arid Arbitration

Procedure as set out in Articles 4 and 5 of this Agreement;

establish, revise from time~to~time, and enforce, reasonable rules of conduct and

procedure for its employees and;

(f) maintain order, discipline and efficiency in the workplace.

3.02 Management will undertake to complete a list of reasonable job descriptions of all

members of the bargaining unit within six (6) months of the completion of the re~negotiation of

these Collective Agreements. This list will fom1 a part of the Collective Agreement.

U')mn Aviv Corporation (Beacon Hifl & Riverside TowerJ) 2012-2.015

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

provisions and intent ofthis Agreement.

3.03 Employer Policies

Employer policies shall be communicated and available to the employees where

applicable.

ARTICLE 4"' GRIEVANCE PROCEDURE

4.Ql The immediate attention to complaints and grievances is of the utmost

importance. Properly constituted grievances may be processed through the following procedures:

ST'EP 1

STEP2

STEP3

Within ten (1 0) working:-days after the alleged grievance incident, the aggrieved

may present the grievance to an immediate Supervisor, either in writing or orally.

Should no settlement satisfactory to the aggrieved be determined within five (5)

working-days, the next step of the Grievance Procedure may he jmplemented

within five (5) working-d;:tyS following.

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

grievance to an authorized agent of the Employer, in writing; and the responsible

parties shall meet within five (5) working,-days following. Should no settlement,

satisfactory to the aggrieved be determined within five (5) working-days

following this meeting, the next step of the Grievance Procedure may be

implemented within five (5) working-days following.

Should no settlement, satisfactory to the aggrieved be determined within five (5)

working-days following, the grievance may be submitted to arbitration within ten

( 1 0) working,.days following, as provided for in Article 5 -Arbitration.

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

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

of such alleged grievance incident.

Wynn Aviv Corporation (Beacon Hill & Riverside Tower5) 2012-2015

Satisfactoryjudgement of such grievances may be retroactive from the first day of

the grievance incident.

4.03 Employees with less than six (6) months' service (probationary employees) may

submit grievances pertaining only to alleged violations of monetary matters.

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

allowed in any of the Steps of t)le proc;edure and with no action being taken, the grievance is

considered: abando,ned.

ARTICLE 5 -ARBITRATION

5.01 Any prop-erly constituted grievance conce:ming the interpl'etation, applicalion,

administration or alleged violation of this Agreement, which has been properly processe-d

through all of the Steps of Atiicle 4',_ but has not b-een satisfactoril.y settled, may be referred to

arbitration.

5.02 There shall be three (3) Official Arbitrators selected to serve during the term of

this Agreement. The first three (3} Arbitrators who are to be mutually agreed upon by the

Employer and the Union, in any grievances presented under this Agreement, shall be the Official

Arbitrators. The said three (3) Official Arbitrators shall be utilized on a rotating basis; If the

Official Arbitrator selected on the rotating basis is not able to arbitrate the grievance within tel1

(1 0) working-days of receiving a Notice to Arbitrate, then the grievance shall be arbitrated by the

next Arbitrator on the rotating .basis.

The Official Arbitrator shall hold a hearing within the (1 0) working-days from the

date of receiving a Notice to Arbitrate.

5.03 During the term of this Agreement, should an Official Arbitrator serve notice of

resignation, the Employer and the Union shall meet within (1 0) working-days of such notice and

agree to appoint a replacement Official Arbitrator. Should the Employer and the Union be

unable to agree upon an Official Arbitrator, the Minister of Labour for the Province of Ontario

shall be asked to nominate a replacement Official Arbitrator.

Wynn Aviv Corporation (Beacon Hill & RiveJ:~ide Towers) 2012·2015

5.04 The Arbitrator shall, upon receiying a Notice to Arbitrate, arrange a hearing at the

earliest date. All concerned parlies shall be given a minimum of ten (lO) business days' notice.

5.05 The Arbitrator shall, ~fter hearing all of the evidence and sublhissions from all

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

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

provided within a reasonable perio-d of time thereafter..

5..06 The Arbitrator shall be provided with written records containing the details of the

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

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

5.07 The Arbitrator shall not have the power to alter or change any of the provisiens of

this Agreement; or to substitute any new provisions for ail)' ·existing prov.isions, nor to render any

decision inconsistent with the ternis and provisions of the A~eement.

5.08 Statutory Holidays and Sundays shall be excluded from the times provided for the

various Steps. Time limits may be· adjusted by agreement of th~ parties con·cerned.

5.09 The Union and the Employer shall equally share any expens~s of the Arbitrator.

ARTICLE 6- EMPLOYERS' GRIEVANCE AND UNION GRIEVANCES

6.01 The Employer may submit a grievance to the Union in a manner similar to the

procedure outlined in Article 4 - Grievance Procedure. Should no settlement, satisfactory to the

parties concerned, be determined, such grievances may be submitted to Arbitration in a manner

similar to the procedure defined in Article 5 - Arbitration.

6.02 A Union grievance which is defined as an alleged violation of the Agreement,

involving all or a substantial number of employees in the bargaining unit, in regard to which a

substantial number of employees have signified an intention to grieve, or a grievance involving

the Union itself, including the application or interpretation of this Agreement, may be brought

Wynn Aviv Corpora/ion (Beacon Hill & Riverside Towers) 2012-2015

forward at any time in accordance with Artide 4 ~ Grievance Procedure and, if it is not settled, it

may be referred to an Arbitrator in a manner similar to the procedure outlined in Article 5 ~

Arbitration.

ARTICLE 7 ~APPENDICES OF WAGE RATES, HOURS~OF'~WORK, AND SPECIFIC WORKING CONDITIONS

7.01 Attached to this Agreement are appendices which specifically set forth and define

hourly rates, salaries, hours~of- work, job classifications, job descriptions and working

conditions, all of which are an integral part of this Agreement.

ARTICLE 8- UNION REPRESENTATION

·s.O I Shop Stewards may be appointed as follows:

(a) 0 Je ( 1) Unjon Steward may be appointed for each building or complex of

buildings .having four (4) or more employees who come within the subject

bru·gaining urut.

(b) Two (2) Union Stewards may be appointed for each building or complex f

buildings having twenty (20) or more empJoyees wllo come with·in the

subject bargaining unit.

The Union shall submit to the Employer in writing the names of the Union

Stewards and the building or complexes of buildings in relation to which they have been

appointed Union Steward.

Union Stewards shall, in their specific Job Classification, be the employees

retained the longest in their respective building or complexes of buildings.

8.02 The Union Steward shall perform the required duties of an employee of the

Employer and Union business shall not be conducted during regular working-hours without

express permission from an authorized agent of the Employer, and such permission shall not be

unreasonably withheld.

Wynn Aviv Cmporation (Beacon Hill & Riverside Towers) 2012·2015

8.03 A Union Business Representative shall be required to advise the Employer's

authorized agent in writing of an intended visit and shall provide Union identification after which

the Employer's authorized agent shaH grant to the Union Business Representative reasonable

access to ahy of the subject buildings or complexes of buildings as the case may be, save and

except occupied residences, Employer Offices, or other locations not relevant to those issues

related to the Representative's visit, The Union Business Representative shall not conduct Union

business during regular working hours without express written permission from ari authorized

agent of the Employer, such permission not be unreasonably withheld.

8.04 No Individual Agreements

No employee shall be compelled to or allowed tp enter any individpal contract or

agreement with the Employer concerning the conditions of employment varying the conditions

of employment herein. Notwithstanding, the wage rates outlined in this Agreement are

minimum wage rates and they do not prevent the Employer from paying a higher wage rate-.

8.05 Right to Have Steward Present

An employee, who is subject to disciplinary action (i.e. written reprimands,

suspension or tenninatio~) that is to be recorded within the employee's Personnel File, shall have

the right to have a Steward to present him/her at such meetings. It shall be the responsibility. of

the Employer to contact the Steward and if one is not available, the employee being disciplined

may request the presence of another co-worker at such meeting.

A Union Steward, who is subject to discipline, shall have the right to presence of

a Union Representative. or another officially appointed Union Steward.

8.06 Harassment

All employees have the right to work in an environment free from sexual

harassment. Sexual harassment will be grounds for the imposition of discipline pursuant to this

Agreement. Where an employee alleges that sexual harassment has occurred on the job, the

employee shall have the right to grieve under this Agreement.

Wynn Aviv Corporation (Beacon Hill & Riverside Towers) Z012c2015

"Sexual Harassment" means any unwelcome sexual advances, remarks or

demands for sexual favours of an unwelcome or physical nature, insulting or offensive comments

or conduct of a sexual nature in compliance with Bill 168 as amended from time to time.

8.07

(a)

(b)

Health & Safety

Employees shall report ahy work tel!lted accitlent/injury to his/her immediate

supervisor as soon as it occurs and follow throug)l With all responsibilities

outlined in the Workplace Safety and Insurance Act.

Employees returning from sick leave must provide a cleared Fitness for Duty

report by a medical practitioner to -ensure they are physically able to' :perform their

duties and maintain their safety at work.

ARTICLE 9- PRODUCTIVITY

9.01 The Union and the Employer recegnize the reciprecal value of improving, by aJI

proper and reasonable means, the productivity of the individual employee, and undertake joi-ntly

and severally (O promole and encourage such improved productivity.

9.02 The Union, during the term ofthis Agreement, shall not eause picketing or strikes,

and the Employer, during the term qfthis Agreement, shall not cause a 16ck-out of jLs employees.

ARTICLE 10 -SENIORITY

lO.Ol Seniority is defined as the duration of an employee's service with his or her

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

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

I 0.02 Seniority shall operate on a basis of Job Classification and within the Employer's

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

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

may be.

Wynn Aviv Corporation (Beacon Hill & Riverside Tower.~) 2012-2015

10;03 All new employees shall be considered probationary for the first ninety (90)

calendar days of employment, during which time such employee shall have no seniority rights.

Any days the probationary employee is scheduled to work and does not work

during the probationary period, shall be added to the probationary period.

I 0.04 Seniority shall be retroactive. to the first day o.f employment after the probationary

period is completed.

I 0.05 Se11iority of enipJo¥ees who have been laid-off and subsequently rehired, shall be

detennined by th~ a~tual ne[ time en the Employer's payroll, and subject to all of the conditions

of Article I 0- Seniori'ty.

I 0.06 Any employee who has been off the payroll for a continuous period of eight (8)

months or length of employment~ whichever is shorter; shall Jose all previously established

seniority rights, and if subsequently rehired~ shall he considered as a new employee.

1.0.07 Authorized leaves of absence; sickness and recognized ho.liday periods shall not

be deduGted from an empJoye.e's length of set'V·ice.

10.08 Seniority shall be discontinued if an employee:

(a) voluntarily terminates employment;

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

Grievance and Arbitration Procedure;

(c) is absent from work for three (3) consecutive working-days without proper

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

acceptable to the Employer;

(d) fails to report for work within five (5) days after recall by the Employer;

Wynn Aviv Corporation (Beacon Hill & Riverside Towers) 2012-2015

(e) fails to return to work upon termination of an authorized leave of absence

unless a reason satisfactory to the Employer is given in writing by the

employee for failure to return to work as scheduled at least 30 days prior

to the employee's scheduled day to return to work. The onus of providing

proofis with the employee;

(f) utilizes an absence for purposes other than those for which the leave of

absence was granted.

ARTICLE 11 - BEREAVEMENT LEAVE

11.0 l rn the event of a death in the family, the employee will be granted leave with. pay .

.Such leave sJiall be for a maximum of up to three (3) days for the death of a spouse, son,

daughter, brother, slster, mother father, father-in-law, mother-in-law, grandparent or grandchild

of the employee. Such paid leave shall tetminate on the day of the fimeral, with the exception

that, i the ftmera l fakes place a distance of greater that two hundred (200~ miles from Toronto,

the day afier the funeral will be Included in the. maximum number of days allowed, but in no way

will increase the specified number of qays allotted above. In Lhe evenl of a death (ih the

immediate fami ly as defined above) outside Canada, one (I) scheduled day-off witb pay will be

granted if t)1e employee does not attend the funeral. There will be one (I) day•s paid leave in the

event of the death of the employee' s sister-in-law or brother-in-law if the day is a scheduled

work day.

l l .02 The Employer may, at its discretion, grant to an employee, a further period of

leave without pay.

1 1.03 The Employer may request acceptable proof of bereavement prior to any payment

under Article I 1.


ARTICLE 12 -STATUTORY HOLIDAYS

12.01 The following Statutory Holidays shall be recognized:

*

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Floating Holiday *

Floating Holiday to be taken with thirty (30) days' notice or added to the

employee's annual vacation.

12.02 The employee must have worked ·the regular s.oheduled shift' of each of the

working-days i'tnmedjately preceding and immediately followJng each of the noted holidays

before qualifying for holiday pay, for any of the noteo Statutory Holidays. The no.ted

requirements are not mandat,ot:y if an em'p.loyec is prev~nted from working by ill'ness or any othe1·

reason acceptable to the Employer.

12.03 Hourly-paid employees shall receive hOliday pay equal to a normal day's pay or

equivalent calculated at the employee's regular hourly rate. Salaried employees shall receive

holiday pay equal to their wage for a single working·day calculated on the basis of the

employee's salary. In effect, salaried employees' regular wages shall have no deductions in the

.event the employee does not work on the holiday.

12.04 An employee required by an Employer to work any of the above-noted Statutory

Holidays shall be paid as follows:

(a) Hourly-paid employee: at the rate of one and one-half (1 Y2) times the

employee's regular hourly wage for each hour worked;

(b) Salaried employee: at the rate of one and one-half (1 !1:2) times the

employee's regular daily wage;

in addition to receiving the specifically defined holiday pay.

1-Vynn Aviv Corporation (Beacon Hill & Riverside Towers) 2012c2015

ARTICLE 13- VACATION PAY

13.01 Vacation Pay shaH be predicated on the length of employment with hls or her

present Employer, in accordance with the following:

(a) Employees with less than one (l) year's employment shall receive

Vacation Pay equal to fourpercent ~4%) of their total gross wages earned.

(b) Hourly-paid employees with one ( 1) year or more, but Jess than four (4)

years' employme.nt, shall receive Vacation Pay equal to five percent (5%)

of their total gross wages earned.

Salaried employees with one (I). year or mo·re, but less tban four ( 4) years'

employment, shall re.ceive Vacation Pay equa l tCl two and one-half (212)

weeks' salary.

(c) Ho.urly-p.aid employees with four (4) ye-ars' or more, but less than eight (8)

years. employment, shall receive Vacation Pay equal to six percent (6%) of

their total gros.s wages earned.

Salaried employees with four (4) years' or more employment, but less than

eight (8) years' employment, shall recdve Vacation Pay equal to three (3)

weeks' salary.

(d) HoutJy-paid employees with eight (8) years' or more employment shall

receive Vacation Pay equal to eight percent (8%) of their total gross wages

earned.

Salaried employees with eight (8) years' or more employment shall receive

Vacation Pay equal to four (4) weeks salary.

13.02 Vacation periods shall be scheduled by mutual consent of the Employer and

employees.

IYynn Aviv Corporation (Bet~con F!ill & Riverside Towers) 2012-2015

13.03 Vacation periods are limited to a maximum of five (S) weeks per calendar year.

13.04 An employee requiring a Leave of Absence from work, without pay, shall request

the same in writing ftom the Employer at least three (3) rnOrtths in advance of the intended Leave

of Absence (except in the case of emergency). Management shall review the request and. give its

decision in a timely fashion.

13.05 (a) Hourly-paid employees' Vacation Pay shall be submitted to them on the pay

period following July I st of each calendar year following the date of the

employee's initial employment.

(b) A sqlaried employee's Vacation Pay shall be paid on the pay day immediately

preceding tl1e date of the commencement of the salaried employee!s vacation

unl.ess the said vacation is to commence-at a time other than during. the balance 0f

the week following the pay day in which eve:nt the- Vacation Pay .shall be paid in

the. next pay day foJlowing the crnploye·e's.retlirn to work after his. vacation.

ARTICLE 14 ~WELFARE AND PENSION

14.0 I The Employer shall contribute to Local 183 Indus.trial Benefit Trust Fund 3.$

follows:

Effective December I, 2012 -

Effective December I, 20 13 -

Effective December 1, 2014-

$220.00 per month per employee - which

includes a $20.00 per month employee

contribution;



contribution;



contribution;

plus applicable taxes,


jointly administered by an equal number of Employer and UniOn Truste.es, for the purpose of

purchasing weekly indemnity, life insurance; major medical, dental plan, or similar benefits for

the employees covered by this Agreement represented by Universal Workers Union L.I.U.N.A.,

Local 183.

(a)

(b)

(c)

(d)

No contribution shall be made for the month of hire of new

employees.

Contribution shall be made foe the month of recall of recalled

employees.

New Hires after December I 2012, shall be eligible for benefit

coverage after six (6) months.

Empleyees who are schedule·d for more than twenty (20) hours per

week are eligible. for benefits-.

14.02 The Employer shall contribute to the Labourers' Pension Fund of Central and

Eastern Canada as folJows:

One dollars and twenty cents ($1 .20) per employee per hour * effective December 151

, 2012;

One dollars and twenty-;five cents ($1.25) per employee per hour * effective December 1, 2013:;

One dollars and thirty cents ($1.30) per ·employee per hour * effective December 1, 20 14;

* N .B. This is to be a flat contribution of 150 hours per employee per month.

The same qualification concerning n.ew and recalled employees specified under

Article 14.01 above shall apply.

Wvnn Aviv Corporation (B'eacon Hill & Riverside Towers) 2012-2015

14.03 The Employer shall remit the contributions referred to in Articles 14 .. 0 1 and [ 4.02

no later than the fifteenth (I S1h) day of the month following the month for which the

contrioutions were made.

ARTICLE 15- PAYMENT OF WAGES

15.01 Wages shall be paid by direct deposit to each employee. The Employer shaH

provide with the wages a statement which defines hours worked, overtime hours., hourly rate

(where applicable), deductions for JncQme. Tax, Emph:~yment Insurance and Canada Pension.

Tf an Employer intends to change the payroll system, two (2) months' notice will

be given prior 'to impl.ementation. Employees shall be paid weekly, bi-weekly or semi-monthly

whatever the Empleyer's present practice may be.

15.02 (i)

15.02 (ii)

In the .event of an intended lay-off. the affected employee shall receive

notice Jn accordan.ee with the Employment Standards Act, with the

exception of Resident .Superfnteridents as defined in ArtiCLe 1.

Arli¢Ie 15.02 (i) does not apply to Resident Superintendents as defined in

Article l, who shaH receive a minimum of fifteen (15) calendar days

notice. If giVen payment in lieu of notice, the Resident Superintendent

will have seven (7) days to vacate the premises. These seven (7) days free

of charge on the premises will be gratuitous.

I 5.03 The Employer shall, by the next pay period after discharging an employee, send

by registered mail, to the said employee's last known address on file, all outstanding

documentation, including: Record of Employment and all benefits, including: Vacation Pay,

Statutory Holiday remunerations and accumulated pay.

15 .04 The Employer shall, no later than the next regular pay following an employee's

voluntarily terminated employment, send by mail, to the employee's last known address on file,

the said employee's pay cheque.


15.05 If a Resident or Assistant Superintendent is for any reason either unable to

perform their duties or goes on disability leave for a period exceeding thirty (3) days, their right

to be provided with rent-free accommodation shall terminate at the at,: which is sixty (60) days

from the day of either first being unable to perform their duties or the day they go on disability

leave whichever is earlier. At the end of such sixty (60) day period, the Resident or Assistant

Superintendant must vacate the suite provide to them pursuant to this agreement. The Union

hereby agrees to indemnify the Landlord for any loses caused to it by an over-holding tenancy of

a Resident or Assistant Superintendent who remairrs in their suite beyond the sixty (60) day

period at current market rates.

15.06 PayStubs

Employer has agreed to make sure that the stubs are available by Friday.

Management will fill out the punch cards.

ARTICLE 16 .. JURY SERVICE

16.01 Employees who are called to serve as Jurors shall be granted leave of absence and

paid regular wages less pay received for jury duty with wages to be received for a period not

exceeding cme (l)..month.

16.02 Each employee serving such jury duty shall be required to provide. to the

Employer satisfactory proof ofsuch duty being served.

ARTICLE 17 -PROTECTIVE CLOTHING

17.01 The Employer will provide protective clothing and safety boots where necessary,

for the employee's use.

17.02 The Employer will supply uniforms, at no cost to the employees in the bargaining

unit. Where the uniforms are provided the employees shall wear them provided they are

properly fitted.

In addition to the existing unifonns provided, the Employer will provide, eight (8)

shirts pants immediately.

~-flynn Aviv Corporation (Beacon Hill & Riverside Towers) 2012-2015

17.03 The Employer shall contribute one hundred and twenty-five dollars ($125.00) per

contract year, the Employer to provide a coupon to each employee who has twelve (12) months'

service or more, who is required by the Employer to wear approval safety footwear. The

employee shall provide the Employer with a receipt of purchase prior to re-imbursement The

wearing of the safety footwear shall be a condition of employment.

17.04 The Employ~r to provide a pair of winter coveralls aod gloves to employees who

·work Qutside. (Grounds keepers).

ARTICLE 18- STAFF CHANGES

18.01 Whenever a vacancy of a permanent nature occurs Within the bargaining unit, the

Employer shall post in the place of employment, a notice setting forth details of such vacaJicy.

Employees applying for such vacancy shall make application to the Employer; in writing, within

two (2) working-days after the noted posting. Applications will be considered on the basis of the

applicants' skills, abilities and qualifications and seniority shall be the governing factor should

applicants be relatively equal in all other respects. The Employer may fill the vacancy at its

discretion, should no applicants be considered Sl.Jitable; The Employer may fill the vacancy

temporarily, pending the consideration of employee's applications. The Employer may consider

any applicant ineligible should such applicant have successfully applied under similar procedure,

within the six ( 6) months preceding the date of posting.

18.02 Employees unable to perfonn their customary or traditional work, owing to age or

infirmity, shall be given consideration, at the discretion of the Employer, for work within such

employee's capabilities and qualifications.

ARTICLE J9- LUNCH AND REST PERIODS

19.0 I There shall be one (1) paid ten (1 0) minute rest period for each half (Yi) shift

worked.

Employees wishing to leave the worksitc during a workday on a break must

request the same of management in advance of break.

19.02 There shall be one-half (Y:i) hour unpaid lunch period pennitted daily.

Wynn Aviv COJporalion (Beacon Hill & Riverside Towers) 2012-2015

19.03 The Employer shaH provide a room equipped with a seating area where the

employees are to take their rest periods and lunches.

ARTICLE 20- CALL-OUT. REPORTING ALLOWANCE AND OVERTIME

20.01 An hourly-paid employee who:

(a)

(b)

has completed a regular shift and is requested to continue into

overtim~ work shall be paid at one and one~half (l 1A) times his

regular rate;

has been called-,out to report for work on other than a regular work

shift shall be paid at one and one-half (lYz) times the regular

hourly rate for each hour worked.

It bei'ng understood that the employee shall be paid a minimum of four (4)Jl.O.ur.s'

pay tor such call-_out at stmight-time rate, whichever is the greater, if that emplG>yee in fact

workCiCI or is predisposed by the Employer.

20.02 A salaried employee, resident in the building, who is directed to report to work on

other than the regUlar scheduled shift shall be paid at one and one-half ( 1 Yz) times the regular

pro- rated weekly salary, Further, notwithstanding the above, the Employer and employee

concerned may, by mutual agreement, arrange for other time-off in lieu of the above.

ARTICLE 21 -LAY-OFF AND RECALL

21.01 In the event of a lay-off within a classification, employees within the

classification shall be laid-off in the reverse order of their seniority within the classification.

21.02 The Employer shall notify employees who are to be laid- off five (5) working

days prior to the effective date of lay-off, or award pay in lieu thereof, unless a greater period of

notice ls required by legislation, in which case such greater period of notice, or pay in lieu

thereof, shall be given.

Wynn Aviv Corpora/ion (Beacon Hill & Riverside Towers) 2012-2015

21.03 In the event of a recall to a classificatibn, employees who have been laid-off from

that classification shall be recalled in the order of their seniority within the classification

provided they have the ability to perfonn the job following a trial or training period. The

Employer shall give notice of recall by registered mail to the last recorded address of the

employee. The employee shall keep the Employer advised of all times of his current address by

registered mail.

2L04 Laid-off employees who wish to be notified of job vacancies in a classification

other than the classification from which they were laid-off and to which they would otherwise

have no recall rights, may signify their desire in writing prior to lay-off and sfiall be entitled to

apply for such jobs. A copy of the employee's request shall be given to the Employer and shall

be sent to the U11ion.

21.05 No new employee shall be hired in a classiftcation until the qpportunity of recall

has first been given to those employees to whom Article 21.03 applh!'s and has. secqmily, been

given to employees to whom Article 21.04 applies.

2.1.06 Union Officers and Stewards shall be the last persons laid-off and the first persons

recalled.

ARTICLE 22 -SICK PAY

22.01 In the event that an employee who is sick within the meaning of the Local lS3

Industrial Benefit Trust Fund qualifies for sickness benefits under the said Fund, the Employer

shall pay up to five (5) days wages to the employee as sick pay only once during a calendar year

(non-cumulative).

22.02 Sick Days

Employees are entitled to two (2) sick days, these sick days not fonnjng part of

the requirements for the Union short term disability coverage.

Wynn Aviv Corporation (Beacon Hill & Niverside Towers) 2012-2015

ARTICLE 23 -MISCELLANEOUS

23.01 No employee covered by this Collective Agreement, shall as a result of the same,

receive, suffer or incur any loss or reduction in wages or any other benefits or conditions of

employment, monetary or otherwise.

23.02 The Employer bound by this Collective Agreement shall not be required to

c.ontinue to provide benefits which duplicate any of those benefits provided for and required to

be given by this Collective Agreement.

23.03 The masculine, feminine or neuter gender and the. singular or plural number shall

be deemed to includ·e the others whenever the context so indicates.

ARTICLE 24- DURATION OF AGREEMENT

24.01 This Agreement shal1 continue in fujl force and effect from December 15\2012 to

and until November 301h, 2015 inclusive and thereafter shall pe automatically renewed and

remain in force from year• to-year from its· expiration date unless; within the period of ninety (90)

days before the Agreement ceases to operate, either party gives notice in writing to the other

party of its desire to bargain with a view to the renewal with or without notifications of tbe

Agreement. On receipt of such notice the parties to the Agreement shall convene a meeting

within fifteen (15) days and bargain in good faith to endeavour to reach an Agreement.

J-.1- ---- c) DATED at Toronto, Ontario, this ;;2'?. day of JCV\tl'-;r , 201't FOR THE EMPLOYER Wynn Aviv Corporation

FOR THE UNION

IVynn Aviv C01poration (Beacon Hill & Riverside Towers) 2012-2015

SCHEDULE ''A" TO AN AGREEMENT ENTERED INTO ON THE 1st DAY OF DECEMBER, 1994 BETWEEN REMAR CONSTRUCTION (Formerly known as PARKVIEW MANAGEMENT for Beacon Hill Tower and Riverside Tower) AND UNIVERSAL WORKERS UNION, L.I.U.N.A., LOCAL 183.

ADDRESS. OF BUILDING OR COMPLEX OF BUILDINGS COVERED BY THIS AGREEMENT

2737 Kipling Avenue - (Beacon Hill Tower)

1757 Kipling Avenue- (Riverside Tower)

NAME & ADDRESS OF EMPLOYER COVERED :U¥ TillS AGRE.EMENT

Wynn Aviv Corporation 330 Dupont Street, znct Floor

Toronto, ON M5R 1V9

DATE THIS AGREEMENT EFFECTIVE FROM IN RELATION TO SUCH BUILDING OR COMPLEX OF BUILDINGS

December 15\ 1994

/JI'ynn Aviv Corporation (Beacon Hill & Riverside Towers) 2012-201S

APPENDIX "A II

I. Resident Superintendents Schedule

Dec.l/12 Dec.l/13 Dec. 1114

200-249 Suites

Beginner $2312.27 $2351.57 $2391.54-

3 Months $2432.96 $2474.3"2 $2516.39

1 Year $2556.19 $2599.65 $21)43-.84

4 Years $2640.05 $2684.93 $2130.57

*

250-349 Sui-res

Beginner $2289.92 $2328.85 $2368.44

3 Months $2404.37 $2445.24 $2486.81

l Year $251·7.62 $2560.42 $2603.95

4 Years $2596 .. 66 $2640.80 $26~85.70

*

350 Suites and Over

Beginner $2397.28 $2438.03 $2479.48

3 Months $2511.72 $2554.42 $2597.85

1 Year $2621.43 $2666.00 $2711.32

4 Years $2705.20 $275 1.19 $2797.96 *

The rates of employees with four (4) years' service or more with his or her Employer, may be increased up to an additional forty dollars ($40.00) per month for merit, as determined by the Employer.


II. Resident Superintendent and Assistant s ·upcrintendent

Work-week shall be from Sunday to Saturday, with the Resident

Superintendent/Assistant Resident Superintendent getting two (2) days-off from 8:00a.m. to

7:59 a.m. the next morning, of which there shall be at least one (1) weekend-off, i.e.: Saturday

and Sunday, within each four (4) week pay period or monthly pay period as the case may be.

The scheduling of days-off shall be by mutual agreement between the Employer and the

employee.

Determination of the above shall be by mutual agreement between the Employer

and employee. The full one (1) day·off only m:.ty be accumulated to a maximum of two (2) days

for any one (1) occurrence,

The a:b~yve are minimum allow·all'ces for timc:;-off which shall no_t prevent other

arrangemeflts to be made between the Resident Supel'intendent and the Empl0,yer.

The Employer will undertake a program to familiarize tenants in the buildings

with the rules and regulations pertaining to the working conditions of the Resident

Superintendent.

Determination of work schedule shall be in the absolute discretion of the

Employer.

The Employer will attempt to familiarize owners in the Employer's premises of

the work schedule.

III. Common Conditions for All Resident Superintendents

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

shall be provided without direct charge; however, subject to the provisions of The Income Tax

Act, as it relates to taxable benefits; and is included exclusively as part remuneration for the

position ofResident Superintendent.

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

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

H)mn Aviv Corporation (Beacon Hill & Riverside Tmvers) 2012-201 S

(ii) where alten1ate office facilities have been provided for the Resident

Superintendent;

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

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

underground parking.

4. A Resident Superintendent's spouse shall ne"ither be required by an Employer to

perform any bargaining unit work nor shall he or she, as the case may be, perform such work at

any time except as follows:

5.

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

C01leetive Agre~ment shall iil all respects apply to the said spouse and the work

performed by him or her;

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

Superintendent and with the mutual consent of Management, substitute for the

said Resident Superintendent in the performance of any part of the said

Superintendent's normal and regular duties. In the event the Resident

Superintendent's spouse substitutes for the said Superintendent as aforesaid then

the subject Collective Agreement shall not apply while spouse is performing such

work.

Assistant Resident Superintendents,, where employed, shall be paid according to

the following schedule:

(i) in buildings containing 56 - 119 suites, the Resident Superintendent's schedule

less twenty-five dollars ($25.00) per month;

(ii) in buildings containing 200 or more suites, the Resident Superintendent's schedule

less forty dollars ($40.00) per month.


APPENDIX "B"

I. Maintenance Schedule (Not applicable to Cleaners, Housekeepers and persons

employed in general outside ground maintenance.)

The Employers shall pay to employees engaged in maintenance the foll<>wing:

Dec.l, 2012 Dec.1,2013 Dec.l,2014

Traine·e $19.19 $19.51 $19.84

General Handyman $21.96 $22.34 $22.72

Spec·ialized

Licensed

(a)

(b)

(c)

$23.23 $23.63 $24.03

$26. L9 $26.64 $27.09

Working Supervisors are to be paid by category plus fifty cents .($0.50)

per hour more ..

A Supervisor to be e.ligible_ for s.upervisory pay, musl supervi·s·e three (3,)

or more employees.

Car allowance for maintenance pers<>nnel who supply their own motor

vehicle shall be paid on the basis of one hundred and seventy-five dollars

($175.00) per month.

PERMISSABLE MERIT VARIANCE

1. Range basis plus up to twenty-five cents ($0.25) per hour.

2. Range basis plus up to fifty cents ($0.50) per hour.

The Union shall have the right to submit a recommendation to an Employer for

merit increases, all subject to Article 3.01 (d) of the subject Collective Agreement.

Wy1m Aviv Corporation (Beacon Hill & Riverside Towers) 2012-2015

Jl. the regt}lar work-we¢k shall be: for,ty (40) hour~ and the wqrk, day shall not

exceed eight (8) hours. The Trainee classincation is ln effe¢t for aU maintenance employees

with less than one (1) year's. e){petience,

Maintetumt:e employe,es: are• petn'iitted .to work on $a,tordays at straight:-time, bttt

are to receive a day"off.in the rollowin$. we-e.k. :ror such Saturday work. Where there are. no

Resident Supertfitendents i.n a bu.itdbJ~~Jilen:m~iiltetutMe staff are petmitted to work o:n, a..tolling shif.l basi~ from St:~ndeay to S~tprday, a.~ long. as ~lt(}Y d9: J1Qt W<lt~.· lqnger th~n the. :maximum

permitted on straight" time pay.

Wynn Aviv Corporation (Beacon Hill & Riverside Towers) 2012~2015

APPENDIX "C"

1. Cleaners' and Housekeepers' Schedule

l.

.of-pay:

The Employers shall pay to cleaners and housekeepers the following hourly rates-

Deed, 2012 Dec. l, 2013 Dec. l, 2014

Cleaner $16.65 $16:94 $T7.22

CJeanerll $16.01 $16.29 $16.56

Working SuperYisors are to be paid by category plus fifty. cents ($0.50) per hour

rn:ore.

AH staff on probation for the fir.st three (3) months are to be paid by category less

twenty-five cents ($0.25.) per hour.

MERIT VARIANCE AP11 LICABLE ONLY TO CLEANERS

1. Employees for the balance of the contract may be paid a merit increase of up to

twenty cents ($0.20) per hour.

The Union shall have the right to submit recommendations to the Employer for

merit increases, all subject to Article 1.0l(d) of the subject Collective Agreement.

IJ. Employees working less than nineteen (19) hours per week or less will not be part

of the bargaining unit.

H'.vnn Aviv Corporation (Beacon Hill & Riverside Towers} 2012-2015

III. The regular work-week shall be forty (40) hours and the regular working~day

shall not exceed eight (8) hours. The work-week shall be any five (5) days out of six (6). Work

for Sunday shall be at the rate of one and one-half (1 Y2) times the regular rate-of-pay.

lV. (a) Housekeepers: Those employees who do, among other things, the

following types of work: vacuuming and dusting, cleaning glass and mirrors;

cleaning garbage room drops; cleaning laundry rooms and amenities; cleaning

elevators, etc.

(b) Cle·ancrs: Those employees who do among ofher things the

following types of work: loca l snow removal, heavy washing of floors, garBage

remova l, etc.

Wynn Aviv Cmporation (Beacon Hill & Riverside Towers) 2012-2015

APPENDIX "D"·

I. Gen·eral Outside Ground Maintenance Schedule·

J. The Employ¢rs shall p~y :wage:s as foUowsi

Dec~ f. ·2ot2 Decd,;2o.i3 Dec~l, 2014

Landscape Gardener $2196 $22.14 $22.72

Landscaper $"16.65 $"16.94 $•17.22

Helper $16.01 $16.29 $·16.56

11.

the regular working day sha:U ngt e;c~~!},ni:q~ (9) hours. ['he EroplQyer will aU.ow ~~mltk:e-up"

time li>ecause ofinctement: weather d1Jrif.lg a r~g\lla.r work..,wee:~· on f1: Saturday at regqlar pay. Students employed between May l~t and S~ptember JO\~ ,sh~H not be covered by the subject

Collective Agreement,


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