ONTARIO LOTTERY AND GAMING C.O.B. AS OLG CASINO

gs'1-
,..,·.PO
C0
L L E CT IV E
AGREEME NT
oo '75- t ~
I(;~ F6b -- c2A r 0
1s-F~6-
betw een
2.-o 12...
ONTARIO LOTTERY AND GAMING
C.O.B. AS
OLG CASINO BRANTFORD
(Hereinafter referred to as the "Employer'}
-and -
SEIU LOCAL2
BREW ERY GENERAL AND
PROFESSIONAL WOR KERS ' UNIO N
(Hereinafter referred to as the "Union")
Effective:
FEBRUARY 16, 2010
Expiry:
FEBRUARY 15, 2012
RATIFIED MAY 10,201 0
INDE X
Article
ARTICLE 1
ARTICL E2
ARTICL E3
ARTICL E4
ARTICLES
ARTICL ES
ARTICLE 7
ARTICLES
ARTICL E9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICL E18
ARTICLE 19
ARTICL E20
ARTICLE21
ARTICL E22
ARTICL E23
ARTICL E24
ARTICL E25
ARTICLE 26
ARTICL E27
ARTICL E28
ARTICL E29
Description
~
PURPOSE
1
RECOGNITION
1
NO HARASSMENT I DISCRIMINATION
2
MANAGEMENT RIGHTS
2
NO STRIKE I NO LOCKOUT
3
DUES DEDUCTION
3
UNION REPRESENTATION
4
OCCUPATIONAL HEALTH AND SAFETY
5
DISCIPLINE OR DISMISSAL
6
SENIORITY
8
GRIEVANCE PROCEDURE
10
POSTING
14
HOURS OF WORK
16
WAGES
19
LEAVES
19
LAYOFF
24
VACATIONS
26
DESIGNATED HOLIDAYS
29
ABSENCES FROM WORK
31
HEALTH, DENTAL AND LIFE
31
WORKPLACE SAFETY AND INSURANCE
32
SHORT TERM SICKNESS PLAN AND LONG TERM INCOME PROTECTION PLAN 33
SHORT TERM SICKNESS PLAN (STSP)
33
PENSIONS
34
BULLETIN BOARDS
34
GENERAL
34
PERSONNEL FILE
36
DEFINITIONS
36
TECHNOLOGICAL CHANGE
36
DURATION
37
SCHEDULE A- CONTRACT EMPLOYEES
38
LETTER OF UNDERSTANDING #1- COMPUTER PURCHASE PROGRAM
39
LETTER OF UNDERSTANDING #2- RED CIRCLE RATES
39
LETTER OF UNDERSTANDING #3- MONITORING
39
LETTER OF UNDERSTANDING #4- START TIMES
39
LETTER OF UNDERSTANDING #5- OVERTIME ALLOCATION
39
LETTER OF UNDERSTANDING #6- PART TIME SCHEDULING
40
LETTER OF UNDERSTANDING #7 -STAFF ING COMPLEMENT
40
LETTER OF UNDERSTANDING #8
41
ARTICLE 1 - PURPOSE
1.01
The purpose of this Agreement is to establish and maintain a collective
bargaining
relationship between the Parties in accordance with the provisions herein
, within the
context of providing the highest level of service and value to custom
ers and
recognizing the paramount importance of integrity and security in an indust
ry where
all involved must be regulated, licensed or registered by the Alcohol
and Gaming
Commission of Ontario (AGCO).
1.02
This Agreement is the full agreement between the parties and there
are no
representations, practices or warranties made prior to the ratification
of this
collective agreement which add to, interpret or create any rights or obliga
tions which
are not expressly stated or contained herein.
ARTICLE 2 - RECOGNITION
2.01
(a) The Employer recognizes the Union as the sole and exclusive bargaining
agent
of all Table Games Inspectors (formerly Floor Supervisors) and Dual Rate
Pit
Managers, when performing the duties of Table Games Inspectors, of
OLG
Casino Brantford, in the City of Brantford.
(b) For clarity, this agreement does not apply in any respect to Dual
Rate Pit
Managers while working as a Pit Manager.
2.02
Dual Rate Pit Managers
(a) Dual Rate Pit Managers are Inspectors who have been hired and pre-ap
proved
to fill the role of Pit Manager on an occasional basis. The employee will
not
lose any seniority under this agreement while working outside the barga
ining
unit in this capacity and will upon return to the unit pay an amou nt equal
to
the dues that they would have paid in his or her hourly position.
(b) It is agreed that where an employee acts outside the bargaining unit
as a Pit
Manager the Employer will ensure that this person is identifiable as
a Pit
Manager to employees in the bargaining unit.
(c) While acting in this role, a Dual Rate Pit Manager is a Pit Manager
and the
Employer will not agree to limits on the duties or selection thereof. Howe
ver,
as discussed, the Employer will remain aware of the issues that
could
potentially arise if these individuals impose discipline.
(d) A Dual Rate Pit Manager who is not meeting the Employer's expectation
s as a
Pit Manager will be returned to their primary position of ·Table Game
s
Inspector.
ljPag e
(e) A Dual Rate Pit Manager who wishes to relinquish their Pit Manager
role may
do so by providing two weeks notice. The employee will be accommodated
as
soon as is operationally possible.
2.03
SEIU Local 2 must remain a Registered Supplier under the Gaming Contro
l Act and
agrees to inform the Employer of any loss or suspension of the Registration
for it or
any of the Individual Registrants dealing with the Employer prior to condu
cting any
furthe r representation.
ARTICLE 3- NO HARASSMENT I DISCRIMINATION
3.01
The Employer, employees and the Uni'on agree that there will be no haras
sment or
discrimination exercised or practised by them or their representatives
because of
activity or lack of activity in the Union.
3.02
The Employer, employeet? and the Union agree they all have rights and
obligations
under the Ontario Human Rights Code.
ARTICLE 4 - MANAGEMENT RIGHTS
4.01
The Union recognizes and acknowledges that the management of the
operation by
the Employer and direction of the working forces are fixed with the Emplo
yer and
that all rights heretofore exercised by the Employer or inherent in the Emplo
yer not
expressly contracted away by a specific provision of this Agreement are
retained by
the Employer. Without restricting the generality of the foregoing,
the Union
acknowledges that it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency;
(b) hire, transfer, assign duties, direct, promote, demote, classify, layoff,
recall
and to suspend, discharge or otherwise discipline employees for just
cause
(including a continued inability to perform) in accordance with this agree
ment
subject to the right of employees who have completed probation to grieve
;
(c)
discipline or discharge probationary employees, provided such action
is not
motivated solely by bad faith and recognizing that such discipline or discha
rge
is not subject to the grievance;arbitration procedure set out in
this
Agreement, except where such bad faith can be proven;
(d) determine the nature and kind of business conducted by the
Employer,
number of personnel to be employed, the manner and level of supervision
,
the methods and techniques of work, the schedules of work, to make studie
s
of and to institute changes in jobs and job assignments and
job
classifications, the extension, limitation, curtailment or cessation
of
operations;
(e) make, enforce, and alter from time to time reasonable policies, rules and
regulations to be observed by the employees, which policies, rules and
regulations shall not be inconsistent with the provisions of this collective
agreement;
(f)
have jurisdiction over all operations, buildings, facilities and equipment and
all decisions related to same;
(g) generally manage and operate the activities of the Employer.
4.02
The Employer agrees that it will exercise its management rights reasonably and in
good faith.
ARTICLE 5 - NO STRIKE/ NO LOCKOUT
5.01.
The Union will not cause nor condone its members to cause or threaten, nor will any
membe r of the Union take part in any strike, sit down, stay in, picket, work slow
down, or any curtailment, restriction, interruption, or interference of the operations of
the Employer, either full or partial. Should such an event occur, the Union, its
Stewards and representatives will publicly call for an immediate end to prevent any
damage to the Employer's business.
5.02
The Employer shall not call or authorize or threaten to call or authorize a lockout and
no officer, official or agent of the Employer shall counsel, procure, support or
encourage a lockout or threaten a lockout during the term of this Agreement.
5.03
For the purpose of this Article "strikes" and "lockouts" are as defined in the Ontario:~;~,
Labour Relations Act.
ARTICLE 6 - DUES DEDUCTION
6.01.
The Employer shall deduct from the earnings of each employee, starting with the pay
period nearest to the ratification of this agreement, an amount equivalent to such ·
union dues as may be designated by the union from time to time. Union initiation
fees will also be deducted if so directed by the Union certified in writing by the
Secretary Treasurer of the Union.
6.02
The deduction of Union dues shall be made in each pay period. No deduction of
Union dues shall be made unless any employee has actually worked or been in
receipt of vacation pay for at least one (1.) day in the pay period for which the Union
dues have been calculated.
3jPage
T;
6.03
On or before the fifteenth (15th) day of the month following the month for which the .. ·
deductions were made, the Employer shall remit the total of the deductions to the
Union. The remittance shall be accompanied by a list of names of all employees and
the amount of dues deducted. New employees' names and addresses will also be
provided monthly.
6.04
The Employer will include the amount of union dues deducted on annual T-4 slips.
6.05
The Union will advise the Employer in writing of the amount of its regular dues. The
amounts specified shall continue to be deducted until changed by further written
notice to the Employer following which the new deductions will commence within
thirty (30) days.
6.06
The Union agrees to save the Employer harmless and to indemnify the Employer with
respect to any claim made against the Employer by any employee or group of
employees arising out of the deduction of union dues as herein provided.
6.07
The Union and the employees consent to the collection, use, retention and disclosure~: ·
of such employment related information as is necessary for the administration and ·· · ·
management of the employment relationship (including pension, benefits) and this
collective agreement under the Personal Information Protection and Electronic
Documents Act.
ARTICLE 7 - UNION REPRESENTATION
7.01.
Union Stewards
(a) "J:he Union may elect · Union Stewards from among the non-probationary
employees in the bargaining unit. The Employer agrees to recognize six (6) of
these Stewards and one (1.) of these Stewards shall be called the Unit Chair.
(b) The Union will inform the Employer, in writing, of the names of the Stewards
and of any changes in Stewards following an election. The Employer will only
recognize such Stewards upon receipt of notification from the Union.
(c) The duty and obligation of the Stewards shall be to represent employee(s) and
to process grievances or complaints as outlined in the grievance procedure of
this Agreement, and to attend required grievance meetings.
(d) The Employer will provide a cumulative total of up to eight (8) hours of paid
release time from regular duties each pay period which may be used by the
Unit Chair and or the Stewards as appropriate to attend to matters at the
workplace. The Union acknowledges that the Stewards have regular duties to
perform on behalf of the Employer. Stewards may not leave their post and/or
regular duties without notifying and receiving· permission from their
4JPage
immediate Supervisor. It is understood that consent to leave a post and/or
regular duties will be prearranged and will only be sought where necessary to
attend at grievance Step meetings, disciplinary meetings or meetings set by
and with the Employer relating to the bargaining unit. Such permission will
not be unreasonably denied. Upon return to regular duties, the Steward is
required to report back to the immediate Supervisor.
(e) The Union will be responsible for ensuring that there is a Steward on shift
andfor will ensure that a Steward is present when required on no less than
two (2) hours of notice by the affected employee. If no Steward is available
then the Employer may proceed without a Steward despite any express
provisions in this Agreement and will notify the Union of any action taken.
(f)
7.02
For the purposes of this Agreement, Union Representatives means paid staff
of the Union and does not include the Stewards, or employees of any other
Employer.
Negotiating Committee
(a) The Employer agrees to recognize a Union Negotiating Committee, comprised
of Union representatives and up to three (3) Stewards who shall be elected
from amongst the non-probationary employees in the bargaining unit for the
purpose of negotiating the renewal of the Agreement.
(b) Upon the provision of at least two (2) weeks of notice and as far in advance as
reasonably possible, the Stewards on the Negotiating Committee will be
granted leaves of absence for negotiating days and for such preparation and
caucus time as agreed upon by the Employer up until the date a no board
report is issued. The Employer will continue the wages of the Stewards and
will invoice the Union for reimbursement.
7.03
Union Representatives registered with the AGCO may provide assistance to
employees subject to any limitation imposed by the registration but will not interfere
with the Employer's operation. Union Representatives will not visit with employees in
the bargaining unit during working hours without previous arrangements being made
with the Human Resources Manager nor will they attend in non-public areas of the
Employer's facility without accompaniment being arranged with the Human
Resources Manager. The Union Representatives agree to inform the Employer of any
loss or suspension of their Registration and agree to cease all activities until
reregistered.
ARTICLE 8- OCCUPATIONAL HEALTH AND SAFETY
8.01
(a) The Employer, the Union and the employees understand and agree that they
all have rights and obligations under the Occupational Health and Safety Act.
5IPage
(b) The Employer, the Union and the employees understand and agree that they
must take reasonable precautions to ensure the safety of all employees at
work.
8.02
Joint Health and Safetv Committee (JHSC)
The Employer will have a Joint Health and Safety Committee in accordance with the
provisions of the Occupational Health and Safety Act. One (1) worker representative
selected by the Union from amongst the employees in the bargaining unit will join
the existing Committee. The worker representative shall suffer no loss of pay for
attendance at such meetings. The Joint Health and Safety Committee will establish
its own policies and procedures for the attendance of other persons or resources at
its meetings.
8.03
Modified Work
The Employer, the Union and any affected employee have obligations to participate
in developing a modified work plan based on medical limitations to ensure the
earliest possible safe return to work following a workplace injury, accident or other
medical problem giving rise to a need for accommodation. Employees with a
medical problem giving rise to a need for accommodation must disclose that need,
provide medical evidence and request accommodation at the earliest possible time
in accordance with the Employer's Disability Management Program.
ARTICLE 9- DISCIPLINE OR DISMISSAL
9.01
Discharge
A claim by an employee who has completed his probationary period that he has
been unjustly discharged shall be treated as a grievance if a written statement of
such grievance is lodged with the Employer within five (5) days after the date the
discharge is effected.
Such grievance may be settled under the grievance or arbitration procedure by:
(a) confirming the Employer's action in dismissing the employee;
(b) reinstating the employee with or without compensation for time lost less any
unemployment insurance received by the employee which he is not obligated
to repay and any additional compensation received from any source during
the period from the date of his discharge to his reinstatement;
(c)
by any other arrangement which may be deemed just and equitable by the
parties or the Arbitration Board;
6IPage
(d) ending employment and providing reasonable termination pay in lieu of
notice.
9.02
Discipline or discharge of a probationary employee is not subject to the grievance or
arbitration procedure, except where the action Is motivated solely by bad faith on the·
part of the Employer. This constitutes a lesser standard for the purposes of the
Ontario Labour Relations Act, and the parties agree that no Arbitrator will have the
remedial authority to reinstate a probationary employee save and except where
there is jurisdiction for reinstatement under the Employment Standards Act,
Occupational Health and Safety Act or the Ontario Human Rights Code.
9.03
(a) When an employee is called to a meeting by the Employer where discipline or
discharge will be imposed, the employee will be informed of the right to have
a Union Steward present. In the event of discipline, the interview will not
proceed without a Steward and this is mandatory although an employee may
waive this right in writing in the presence of the Steward if he or she wishes.
The employee is expected to return to work immediately following a
disciplinary meeting. In the case of a discharge, the meeting will not proceed
without a Steward. On occasion, Stewards may be required to attend these
meetings during a paid break.
(b) Where discipline or discharge is sent to an absent employee by letter rather
than in person, the Union Representative will be provided with a copy of the
letter.
9.04
(a) Where an employee maintains a record free from discipline for a period of
twelve (12) months, all records of discipline (save and except for serious
misconduct) will not be relied upon in future discipline. Discipline under the
attendance management policy will be treated as a separate stream of
discipline for the purposes of this provision except where the employee's
disciplinary record cumulatively is such that the attendance discipline is a
culminating incident.
(b)
Serious misconduct includes but is not limited to:
(i)
material and detrimental breach of confidentiality; .
(ii) clear and obvious breach of the employee signed Code of Business Conduct
and/or the conflict of interest policy;
(iii) a clear finding of harassment or discrimination under the Ontario Human
Rights Code;
(iv) being under the influence of, or the use or possession during regular ;
working hours of alcoholic beverages or non-prescription drugs;
71Page
(v)
violence in the workplace;
(vi) use of a camera or recording device on any Ontario Lottery or other Gaming
premises;
(vii) possession of a weapon or explosive device on any Ontario Lottery or other
Gaming premises;
(viii) threatening or intimidating any employee or customer of the Employer;
(lx) knowingly making materially false statements or omissions on Employer or
AGCOforms;
(x)
9.05
leaving the premises with sensitive items, such as but not limited to keys,
cards, dice and patron information (or other sensitive items as defined by
the AGCO), for which the employee had direct accountability.
Where a dismissal is for theft, attempted theft, embezzlement or any other
fraudulent actions (whether involving the Employer, coworkers or customers), the
Employer must establish that the employee committed the offence and will do so on
the basis of clear and cogent evidence. If it is established to an Arbitrator's
satisfaction that the employee committed the offence then the dismissal shall be
deemed to be for just cause and the arbitration board shall have no power to alter or
substitute the penalty.
In discussions with the Union, the Employer may impose a disciplinary penalty short
of discharge for an offence listed above, in light of the specific circumstances of the
case and such penalty shall also not be subjected to an Arbitrator's discretion. The
imposition of such a penalty in one case shall not operate as a limit to
management's discretion to impose the penalty of discharge in another case.
ARTICLE 10 - SENIORITY
:1.0.01
(a) "Seniority", as referred to in this Agreement, shall mean length of continuous
service in the bargaining unit from the last date of hire into current
classification within the bargaining unit.
(b) "Service", as referred to in this Agreement, shall mean length of employment
with the Employer from the date of last hire.
(c)
Full-time and part-time employees shall accrue seniority on the basis of
duration of employment in hisjher current classification since last date of hire
into the classification.
8/Page
(d) Seniority under this Agreement has no application elsewhere with the
Employer.
10.02
The Employer will maintain one seniority list for non-probationary employees. The
list shall be in seniority sequence and will indicate name, service date and seniority
accrued. The list shall be updated and posted annually, and a copy of the list shall be
supplied to the Union at the time of posting. Employees shall have thirty (30) days
from the date of posting of the list to advise the Employer, in writing, of any errors
with respect to their respective seniority dates. Thereafter the employees shall be
deemed to have accepted the seniority dates posted. Where one or more employees
commenced employment on the same date, their respective seniority order will be
determined by the drawing of names, which draw shall occur in the presence of a
Steward.
10.03
Where an employee moves from part-time to full-time status, or vice-versa, he/she
shall retain accrued seniority and service attained at the date of the move.
10.04
Probation
Employees will be probationary employees until they have completed the greater of
either the first ninety (90) calendar days or five hundred and twenty (520) actual
hours worked within the bargaining unit, or such greater period as is agreed upon by
.
the parties, and will then be awarded seniority back to the date of hire.
10.05
10.06
(a)
It is understood and agreed that seniority shall continue to accrue during any
period up to but not exceeding twelve (12) months while the employee is on
maternity, parental or adoption leave or approved leave and any period of time
up to twenty four (24) months spent on WSIB, medically approved disability
leave or a temporary transfer outside the bargaining unit.
(b)
Where, for reasons outside and unconnected with employment or any
employment consequences, an employee has his or her AGCO licence
suspended he or she will not receive pay or benefits or seniority accrual during
the period of suspension. The employee will have up to six (6) months of
seniority reinstated if he or she has his or her licence reinstated within that
time.
Loss of Seniority and Termination of Employment
Seniority will be lost and employment terminated where an employee:
(a) resigns or retires;
(b) is dismissed and is not reinstated;
9IPage
--
,;; .__ -~
_--::X
(c) fails to report to work at the expiration of a leave of absence except where a
reason satisfactory to the Employer is provided in advance of the expiration of
the leave, or works· elsewhere without authorization while on a leave of
absence;
(d) is recalled and refuses the recall, foregoes recall rights or is recalled and does
not return to work within seven (7) days of the notice of recall;
(er is absent from work for more than three (3) consecutive working days without
notifying the Employer or providing a reason satisfactory to the Employer for
the failure to call;
(f)
is laid off for a period in excess of eighteen (18) months;
(g) if the employee has his or her AGCO licence revoked or suspended for in
excess of six (6) months.
ARTICLE 11- GRIEVANCE PROCEDURE
11.01
Any dispute involving the application, interpretation, administration, or alleged ··
violation .of this Collective Agreement, including any question as to whether a matter
is arbitrable, may be made the subject of a grievance and an earnest effort shall be
made to settle such a grievance as quickly as possible.
··· i
11.02
For the purposes of this Agreement, reference to "days" shall mean calendar days}·
including Saturday, Sunday and Holidays.
11.03
In the interest of the early resolution of disagreements, time limits referred to in this
Article are mandatory, but may be extended by mutual agreement. Where there is a
basis for the request to extend time limits and where the request is made in writing
(including by electronic mail) in advance of the expiry of the time limits, consent to a •
brief extension will not be unreasonably withheld. Notwithstanding the provisions of
subsection 48(16), no Board of Arbitration, shall have jurisdiction to hear any
grievance which is not in strict compliance with the time limits in this Article. Such
grievances are deemed abandoned.
11.04
Where no response has been given by the Employer within the time limit specified,
the grievance will be deemed to have been submitted to the next step within the
requisite time frame.
11.05
Grievances are the property of the Union and therefore a Union Steward shall be
present at all grievance meetings following the filing of a grievance under this Articie.....
11.06
There are 4 (four) types of grievance under this collective agreement:
10 I Page
An Individual Grievance which is an unresolved complaint of an
individual employee
wherein hejsh e believes that the collective agreement has
been improperly
interpreted, applied or administered to his/h er detriment.
A Group Grievance which is an unresolved complaint of a group
of employees
wherein they believe that the collective agreement has been impro
perly interpreted,
applied or administered to their collective detriment. Written
grievance shall be
originated under Step 2 and the time limits set out with respe
ct to that Step shall
appropriately apply. Each affected employee shall sign the grieva
nce to be entitled
to any financial or wage adjustment remedy.
A Polic y Grievance which is an unresolved issue arising between
the Union and the
Employer around the interpretation, application or administration
of the collective
agreement but does not include matters which could· be pursu
ed either as an
Individual or Group Grievance. A policy grievance shall be initiat
ed at Step 2 of the
grievance procedure.
An Employer Grievance which the Employer may, at any time,
bring forward to the
Union any complaint. If such complaint by the Employer is not settle
d to the mutual·.>; · · ·
satisfaction of the parties, or if the Union fails or refuses to meet
with respect to the
matter, it may be treated as a grievance at Step 2 of the grieva
nce procedure, and
referred to arbitration in the same way as the grievance of an emplo
yee.
11.07
It is the mutual desire of the parties hereto that complaints of
employees shall be
addressed as quickly as possible.
(a) Informal Procedure:
It is understood that an employee has no grievance until he has first
given the
Casino Shift Manager the opportunity of resolving hisjh er comp
laint. If an· .... ,.. ..
employee has a complaint he or she shall discuss it with the
Casino Shift . ·.
Manager within five (5) days after the circumstances giving
rise to the
complaint having occurred or have or ought to have reasonably
come to the
attention of the employee. The Casino Shift Manager shall give
his response
to the complaint within five (5) days and, failing settlement
, or failing a
response, it may then be taken up as a grievance within a furthe
r five (5) days ·
following the Casino Shift Manager's decision as set in the Formal
Procedure.
(b) Formal Procedure:
Step 1
The employee may file a grievance in writing to the Table Game
s Manager or
designate. The Table Games Manager or designate shall delive
r his decision
in writing within seven (7) days following the presentation of the
grievance to
him.
lliPa g
Step2
Within seven (7) days after the decision in Step 1, the grievor may submit the
grievance in writing to the Human Resources Manager or designate. The
Human Resources Manager may establish a grievance meeting. In any event,
the decision of the Human Resources Manager or designate shall be
delivered in writing within seven (7) days following the presentation of the
grievance.
,,
-
,-:-,-
Step3
Within seven (7) days after the decision in Step 2, a Union Representative or
Steward may submit the grievance in writing to the General Manager or
designate. At either party's request, a meeting will then be held between the
General Manager or designate and the grievor and his/her representative.
Such meeting shall be held within fourteen (14) days of submission of the
grievance at Step 3 unless extended by written (including email) agreement
of the parties. The decision of the General Manager or designate shall be
delivered in writing within seven (7} days following the date of such meeting.
11.08
The Formal grievance shall be in writing on a grievance form and shall include:
_-
~·
(a) The·date of the alleged breach of the agreement;
(b) Article(s) of the agreement alleged to have been breached and the events on
which the grievance is based where the Union grievance form does not
provide an applicable check box.
(c) What specific remedy is being sought.
11.09
It is agreed that a grievance arising directly between the Employer and the Union
shall be originated under Step 2 and will be filed in writing within ten (10) days of the
day the events arose or ought reasonably have come to the knowledge of the
affected party. It is understood, however, that the provisions of this Section may not
be used with respect to a grievance directly affecting an employee or employees and
that the regular grievance procedure shall not be thereby by-passed.
11.10
A grievance, which has not been resolved through the grievance procedure, may be
referred to Arbitration. The grievance procedure shall not be by-passed and no
matter shall proceed to arbitration that has not been properly and fully processed
through that procedure and only where notice of intent to arbitrate has been given in
writing within twenty one (21) days of the response to Step 3 in the grievance
procedure.
11.11
No adjustment effected under the grievance procedure shall be made retroactive
prior to the date that the grievance was formally discussed or presented to the
121 Page
-~ ~
-_.- - -
Employer or, if applicable, the date of the violation providing it does not exceed the
time limits.
11.12
Single Arbitrator
(a) When either party requests a matter be submitted to arbitration, it will be
heard by a single Arbitrator.
(b) Once per year of the Collective Agreement, the Union and the Employer will
each exchange a list of seven (7) Arbitrators and any common names on
those lists will be placed on a rotating Arbitrator pool. The parties will each
also select two (2) additional Arbitrators from the other's list and these
names will also be placed in that year's Arbitrator's pool.
(c)
Each grievance that is referred to arbitration will be assigned to the next
Arbitrator in the pool in rotation unless the parties agree otherwise.
(d) The parties will equally share the fees and expenses of the Arbitrator.
(e) A single Arbitrator has the same authority as a Board of Arbitration, as set out
in this Article.
11.13
Board of Arbitration ("Board")
(a) Where the parties agree to the matter being heard by a Board, each party
shall respond to the other within ten (10) calendar days by indicating the
name and address of its nominee to the Board. The two (2) nominees so
selected shall proceed to appoint a third person who shall be the Chairperson.
(b) If either party fails to name a nominee within the time frame, the matter will
be reverted to a single Arbitrator.
(c)
If the two nominees fail to agree on a Chairperson, and upon request by either
party in writing to the Minister of Labour of Ontario, an appointment may be
made by the Minister to constitute the Board of Arbitration, pursuant to the
provisions of the Ontario Labour Relations Act.
(d) The decision of the majority is the decision of the Board, but if there is no
majority, the decision of the Chairperson governs. Such decision will be final
and binding upon the parties hereto and the employees.
(e) No person may be appointed to the Board who has been involved in an
attempt to negotiate or settle the grievance accept with the consent of both
parties.
BIPage
(f)
The Board shall not be authorized to alter, modify or amend any part of the
terms of this collective agreement, or to substitute any new provisions in lieu
thereof, or to deal with any matter that is not a proper subject for grievance
under the collective agreement, nor give any decision inconsistent with the
terms and provisions of this collective agreement.
(g) The Board may, in cases involving discipline or discharge, substitute such
penalty as the Board considers to be just and reasonable in all the
circumstances.
(h) Each party shall pay one-half(%) of the fees and expenses of the Chairperson
of the Board. Each of the parties hereto shall bear the expense of its own
nominee.
11.14
Expedited Arbitration
Either party may apply for expedited arbitration or consensual mediation-arbitration
under the provisions of Ontario Labour Relations Act, provided that the grievance
procedure shall not be by-passed and no matter shall proceed to arbitration that has
not been properly and fully processed through that procedure, and provided the
referring party first makes some attempt to find a mutually agreeable date and
arbitrator.
:1..1.15
Following referral to arbitration under the grievance procedure above, the parties
may consider the use of assessment meetings for individual or multiple grievances
in an effort to prevent unnecessary arbitrations. If an Assessor is used to support
such a meeting then the parties will agree who that person is and will share equally
in any costs or fees. All grievances being taken to assessment will be dealt with at
one meeting and the Union may settle or withdraw the grievances on such terms as
it considers just and fair. All grievances that remain following an assessment
meeting will continue to Arbitration in the normal course.
11.16
In this Article, it is understood and agreed that any employee (except the grievor)
who is summonsed or subpoenaed and whose attendance is required at arbitration
hearings, and who provides seven (7) days of notice, shall receive permission to be
absent from work without Joss of pay. An employee who is summonsed or
subpoenaed to attend, and who does so with pay from the Employer, shall remit to
the Employer any appearance fees or conduct monies so received.
ARTICLE 12 - POSTING
12.01
Where a full-time line becomes available and the Employer deems that the line
needs to be filled, the Employer will post the availability of the line and days off
schedule for three (3) days and will assign the line to the most senior qualified fulltime employee in the classification who expresses a desire by placing his or her
141Page
name on the notice and indicating his or her line and
schedule preference. The next
two (2) subsequent line vacancies will be filled as part
of the same process above.
Once this process is complete the Employer may cont
inue to post the vacant line or
may assign the necessary shifts amongst part-time emp
loyees. It is the responsibility
of interested employees to indicate their interest
in the posting in writing on a
Departmental Shift Posting Form. The Employer will
post temporary available lines
using the same process where a full-time employee
is expected to be away from
work for a mini mum of ninety (90) days. It is
understood that in cases of a
temporary line posting that the employee will be requ
ired to return to their original
line when the employee on leave returns to work.
12.0 2
Where there Is a position vacancy in the bargaining
unit which the Employer intends
to fill, the Employer will post and fill the vacancy acco
rding to the procedures in this
Article.
12.0 3
Postings shall be placed on a designated bulletin boar
d, and shall clearly indicate the
deadline date for the application and the location or
persons to whom applications
shall be made. The posting period shall be for not less
than seven (7) calendar days
from the date of posting. The successful applicant will
be placed in the new position
as soon as possible.
12.0 4
No applicant from outside the bargaining unit will be
hired unless the posting and
selection process is completed and no bargaining unit
applicant was selected.
12.0 5
Afte r the deadline for applications has passed, the
Employer may schedule and
arrange any tests and interviews.
12.0 6
Where more than one (1) employee from within the
bargaining unit applies for a job
posting, the position will be awarded in accordance with
this Article. Employees will
be considered for the vacancy based upon the follo
wing criteria: skill, knowledge,
qualifications and ability, including a review of work
experience, work performance,
training, testing, registration, education, and disciplina
ry record including culpable
absenteeism. Should several candidates be relatively
equal, seniority will be the
governing factor. If no applications are received from
seniority employees, or if none
of the applicants is awarded the posted vacancy, the
Employer may fill the vacancy
in such manner as it determines.
12.0 7
If additional personnel are required within 45 days
of the closing of the original
posting, all applicants from the original posting will
be considered, however the
Employer reserves the right tore-post the position vaca
ncy.
12.0 8
Where an employee is successful in becoming a Dual
Rate Pit Manager, efforts will
be made by the Employer to prevent vacation canc
ellation however scheduled
vacation will only be honoured where it can be acco
mmodated within the vacation
schedule of the Dual Rate Pit Managers.
151 Page
ARTICLE 13 - HOURS OF WORK
13.01
(a) The normal hours of work for all full-time employees shall be eight (8) hours
per day and eighty (80) hours per two (2) week period, excluding a half hour
(1/2) unpaid meal break per day, as established by departmental schedules
of work except where such longer or shorter regular shift schedule is
established in accordance with a negotiated work week arrangement that is
cost neutral.
(b) All full-time employees will be scheduled at least forty eight (48) consecutive
hours off work in every work week except in those instances where there is a
need for additional employees and there are no available non-overtime
employees or where required for rotational schedules or where a negotiated
work week agreement exists.
{c)
Part-time employees will be scheduled in shifts of variable length. Part-timers
are required to be available up to twenty four (24) hours per week, although
this is not a guarantee of hours. Part-time employees may pick up extra
shifts or work extended regular hours when operational needs require.
13.02
It is understood that there will be a minimum of eleven (11) hours free from
performing work in each day unless otherwise agreed to by the employee or to
address an emergency, unforeseen circumstance or urgent work.
13.03
It is understood and agreed that the provisions of this Article are intended only to
provide a basis for calculating time worked and shall not be considered a guarantee ..
as to the hours of work per day, the days of work per week, nor a guarantee of
working schedules.
13.04
Employees may be required to leave work in advance of the end of the scheduled
shift. Employees shall be paid only for hours worked except where the departure is
involuntary in which case the employee will be guaranteed a minimum of four {4)
hours work or pay at his or her regular rate.
13.05
Scheduling
A two (2) week shift schedule for full-time employees will be posted at least two (2)
weeks prior to the commencement of the next schedule, and changes to the ·
schedule shall be made forty eight (48) hours in advance except where
circumstances outside the control of the Casino dictate. The Employer agrees not to
implement a rotating schedule during the life of this agreement.
13.06
For part-time employees a two {2) week shift schedule will be posted at least two (2)
weeks in advance for all work available to be performed at the time of posting. It is
understood that the schedule is subject to change as shifts become available andjor
are assigned. Part-time employees are responsible for checking the schedule for
16jPage
.-."•
additions, deletions and changes and where a part-time employee's schedule is
changed to add, delete or change a shift prior to his or her next scheduled
attendance at the Casino, he/she will be advised by the Employer of the change.
Employees must be able to receive such calls by maintaining a voicemail or returning
calls on· call display and failure to do so relieves the Employer of its obligations.
13.07
If an employee is called into work, he or she will be paid for all hours worked. Where
the employee is called Into work on less than twelve (12) hours notice he or she will
be paid for a minimum of four (4) hours work at the employee's regular rate or the
applicable overtime rate. This also applies to an employee being called into a
meeting with less than forty eight (48) hours notice. The employee will be paid a
minimum of four (4) hours at his/her regular rate.
13.08
Shift Exchange
With a minimum of forty eight (48) hours of notice, employees may submit shift
exchange forms to a Manager, signed by both employees involved, indicating a
desire to switch shifts within the same pay period. The shift exchange will be granted
where it is cost neutral, is a shift of equal length; is in accordance with this
Agreement, does not give rise to any operational considerations in the opinion of the
Employer and is in accordance with all applicable legislation.
The Employer will not be responsible or liable for overtime rate claims that might
arise or occur as a result of the exchange of shifts.
Those employees, who initiate the desire to switch shifts and then subsequently call
in sick on said shift, on two separate occasions within a rolling twelve (12) month
period, shall have their shift switching privileges revoked for a period of three
months.
·~
It is agreed that the maximum duration of a shift switch will not exceed six (6)
months in a twelve (12) month period.
13.09
Overtime
The parties to this Agreement recognize that the needs of the business require the
performance of overtime work from time to time. All overtime will be approved in ..
advance by the applicable Manager or designate. All hours worked will be counted . .. ,,
for the purpose of determining entitlement to overtime pay.
13.10
Overtime pay shall be paid in quarter-hour increments aUhe rate of one and one-half
(11h) times the employee's regular hourly rate in respect of all pre-authorized hours.
worked:
17jPage
(a) In excess of eight (8) hours worked per day, in the case of a full-tim~.~<"'""
"
employee assigned to eight (8) hour shifts, or in excess of such longer shift as ·"
have been agreed by the parties for full-time or part-time employees.
(b) In excess of forty (40) hours a week or eighty (80) hours worked per two (2)
week period for Dual Pit Managers due to a change in the shift length for Pit
Managers. Paid lieu time, paid vacation time and paid WSIB are included in
the calculation of hours worked.
(c)
Overtime will be calculated to the nearest quarter (%) hour and will be paid
startin g after the completion of the first fifteen (15) minutes.
13.11
The Employer will distribute overtime as equitably as practicable amongst qualifie
d
employees available to perform the work. It is understood and agreed however that
any valid claim of inequitable distribution shall result only in an employee's
entitle ment to the next opportunity to perform scheduled overtime in his depart ment
that he is qualified to perform. Where there is no willing employee the most junior
employee(s) will be assigned.
. ·~· . •>
13.12
There shall be no duplication or pyramiding of hours worked or pay for the purpos
e of
compu ting overtime or any other premium payment.
13.13
Rest Periods
(a) The Employer will continue its current practice with respect to rest periods
,
which endeavours to provide Table Games Inspectors with a thirty (30) minute .
break after each two (2) hours of work. One (1) of these breaks will be unpaid ·
(b) Paid breaks will be taken on location and all breaks will be taken away from
the gamin g area out of the public eye and in a designated area.
13.14
If employees are required to work more than two (2) hours beyond a regular
ly
scheduled shift of at least eight (8) hours in length, with less than two (2) hours
notice of overtime, they will be eligible to receive a meal voucher (up to a maxim
um.··
of $7.00) upon their request. The meal vouchers have no cash value, no balanc
e is
payable and cannot be transferred to another employee. If the employee receive
s
three (3) or more meal vouchers in one (1) week, they will be subject to
tax
requirements as per Canada Revenue Agency.
181 Page
'.
ARTICLE 14-- WAGES
14.01
The hourly wages for employees in the bargaining unit are as set out below
.
Classification
Start
80%
Rate After Six (6) After
Twelve
Months
(12)
Months
90%
100%
Table Games Inspectors $17.4 8
$19.6 7
$21.8 5
14.02
In the event that the Employer provides a standard across the board hourly
wage
increase to all other non-bargaining unit hourly direct gaming employees
at OLG
Casino Brantford for the one year period commencing April 1, 2011,
then it will
implement the increase for employees in the unit. Those employees who
are redcircled will only receive the increase if their red-circled rate is below the
new hourly
rate. This increase will not cause any employees wage rate to exceed
the newly
established rate. Where an employee is on leave when a pay
increase is
implemented, he or she will receive the new pay rate upon return to active
service.
14.03
In event that the Employer provides an annual incentive payment to all
other nonunion hourly direct gaming employees at OLG Casino Brantford for the
fiscal year
ending March 31, 2010, then it will implement the same incentive for the
employees
within the bargaining unit under the same terms and conditions as establ
ished for ·
other non-unionized hourly employees.
-·-
In event that the Employer provides an annual incentive payment to all
other nonunion hourly direct gaming employees at OLG Casino Brantford for the
fiscal year
ending March 31, 2011, then it will implement the same incentive for the
employees
within the bargaining unit under the same terms and conditions as establ
ished for
other non-unionized hourly employees.
ARTICLE 15 - LEAVES
15.01 All leaves of absence must be requested using a Leave Authorizatio
n Form (LAF).
15.02
'· '"- ,__
Subject to any policy restrictions, an employee may maintain health
and dental ··· •·'
benefits (save and except disability benefits) during an approved leave
if he or she
arranges in advance to pay the cost of such benefits. During a pregnancy
or parental
leave benefits will be maintained provided the employee make
s advance
arrangements to pay his or her share of the premium payments.
BEREAVEMENT
15.03
In the event of a death in the immediate family of an employee who has
completed
his or her probationary period, he or she will be granted up to four (4) days
leave of
absence commencing with the date of death and concluding with the
day of the
19j P a g e
'·······<u
·:e•,
funeral. It is agreed and understood that "days leave" in the case of part-time
employees, means the next four (4) days commencing with the date of death,
whether scheduled or not, and in the case of full-time employees, means the next ·
four shifts. Such leave shall be without loss of pay in accordance with the employee's
scheduled hours of work.
15.04 ·
Immediate family for the purposes of this Article shall mean the employee's spouse
including common-law or same sex partner, and the employee and their spouse's
parent, step-parent, child, step-child, spouse of child, grandparent, step-grandparent,
grandchild, step-grandchild, brother or sister, brother-In-law, sister-in-law, stepbrother, or step-sister. The Employer reserves the right to request proof of the
bereavement.
15.05
One (1) day of bereavement leave with pay will be provided on the same basis as a
leave in 15.03 in the case of the death of an aunt, uncle, niece or nephew of the
Employee to attend the funeral.
15.06
Up to two (2) additional days of leave without pay will be provided to attend at the ·····" '"
funeral of a listed relative in 15.03 or 15.04 above where the distance to the funeral ·
is greater than eight hundred (800) kilometres from the Casino and where sufficient
proof of need is provided.
PREGNANCY AND PARENTAl lEAVE
PREGNANCY LEAVE
15.07
A pregnancy leave will be granted, in accordance with the conditions contained in the .
Employment Standards Act 2000, to any female employee who has completed at '•
least thirteen (13) weeks of service with the Employer prior to the expected due date.
This unpaid leave will be for a seventeen (17) week period.
An employee may begin her pregnancy leave no earlier than the earlier of:
-
(a)
(b)
~.
the day that is 17 weeks before her due date; and
the day on which she gives birth.
-
'"' ..__ -.
Pregnancy leave must begin no later than the date the baby is born.
The pregnancy leave of an employee who is not entitled to take parental leave ends .;~
on the later of the day that is seventeen (17) weeks after the pregnancy leave began · ·
or the day that is six (6) weeks after the birth, still birth or miscarriage of the child.
An employee on pregnancy leave will continue to participate in the Employer's
benefit plans for the period of their leave unless they elect in writing not to do so,
20[Page
provided that they continue to pay the contributions, if any, for the period of such
leave.
Where an employee elects to make her pension contributions under existing
practice, pensionable service shall also accrue and the Employer shall continue to
make its contributions.
15.08
Employment Insurance Top Up - Pregnancy Leave
A full-time employee who has at least one (1) full year of service (12 months) with
the Employer, entitled to pregnancy leave and who provides proof that she is in
receipt of Employment Insurance benefits pursuant to the Employment Insurance
Act (Canada) shall be paid an allowance in accordance with the Supplementary
Benefit Plan.
In respect of the period of pregnancy leave, payments made according to the
Supplementary Employment Benefit Plan will consist of the following:
(a) for the first two (2) weeks at 93% of regular weekly base salary; and
(b) for fifteen (15) weeks at the difference between their Employment Insurance
benefits and 93% of regular weekly base salary.
15.09
For an hourly paid employee, an average of the regular weekly earnings for the prior
twenty-eight (28) weeks is used to determine regular average weekly salary. Regular
earnings include regular pay, paid leaves of absence such as bereavement, jury duty,
vacation, sick and lieu time payments, WSIB payments and training time paid.
Statutory holiday pay is also included if considered a regular day's pay. Overtime pay
is not included as regular earnings.
The Top Up payment will not be adjusted as a result of any pay adjustments that
occur during the leave period.
··· ·· ' ....
Under El Pregnancy benefits provisions, the mother can start collecting pregnancy
benefits either up to eight (8) weeks before she is expected to give birth or the week
she gives birth, whichever is later.
All copies of Employment Insurance stubs must be provided (as proof) to calculate
and process the El Top Up payments.
PARENTAL LEAVE
15.10
Parental leave will be granted, in accordance with conditions contained in the
Employm ent Standards Act 2000. An employee who has completed at least thirteen
{13) weeks of service with the Employer and who is the parent of a child, is entitled
21 [Page
to a leave of absence without pay following the birth of the child or the coming of the
child into the employee's custody, care and control for the first time.
Parent includes a person with whom a child is placed for adoption and a person who
is in a relationship of some permanence with a parent of a child and who Intends to
treat the child as his or her own, and "child" has a corresponding meaning.
Parental leave may begin:
(a) no earlier than the day the child is born or comes into the custody, care and
control of the parent for the first time; and
(b) no later than 52 weeks after the day the child is born or comes into the
employee's custody, care and control for the first time.
Parental leave for an employee who also took pregnancy leave shall commence
immediately following the expiry of the pregnancy leave if one is taken unless the
child has not yet come into the custody, care and control of a parent for the first
time.
An employee wishing to take parental leave shall give the employer written notice at
least two (2) weeks before the day the leave is to begin.
Parental leave ends thirty-five (35) weeks after it began for an employee who takes
pregnancy leave and thirty-seven (37) weeks after it began for an employee who did
not take pregnancy leave. Once an employee begins a pregnancy/parental leave, the
leaves must be taken without interruption.
An employee on parental leave will continue to participate in the Employer's benefit
plans for the period of their leave unless they elect in writing not to do so, provided
that they continue to pay contributions, if any, for the period of such leave.
Where an employee elects to make his or her pension contributions under existing
practice, pensionable service shall also accrue and the employer shall continue to
make its contributions.
15.11
Employment Insurance Top Up - Parental Leave
A full-time employee who has at least one (1) full year of service (12 months) with
the Employer, entitled to parental leave and who provides proof that he or she is in
receipt of Employment Insurance benefits pursuant to the Employment Insurance
Act (Canada) shall be paid an allowance in accordance with the Supplementary
Benefit Plan.
In respect of the period of parental leave, payments made according to the
Supplementary Employment Benefit Plan will consist of the following:
221Page
(a) first two (2) weeks of the leave will be paid at 93% of regular weekly base
salary (except where already taken or declined by El); and
(b) for :10 weeks at the difference between their Employment Insurance benefits
and 93% of regular weekly base salary.
:15.:12
For an hourly paid employee, an average of the regular weekly earnings for the prior
twenty-eight (28) weeks is used to determine regular average weekly salary. Regular
earnings include regular pay, paid leaves of absence such as bereavement, jury duty,
vacation, sick and lieu time payments, WSIB payments and training time paid.
Statutory holiday pay is also included if considered a regular day's pay. Overtime pay
is not included as regular earnings.
All copies of the Employment Insurance stubs must be provided (as proof) to
calculate and process the El Top Up payments~
The Top Up payment will not be adjusted as a result of any pay adjustments that
occur during the leave period.
PERSONAL LEAVES
:15.:13
(a) Subject to the employee first exhausting all entitlement to vacation and lieu
days, the Employer may grant a leave of absence without pay for reasons
which the Employer determines to be legitimate.
Only in the most
exceptional of circumstances are such leaves to be less than seven (7)
consecutive days or longer than sixty (60) consecutive days in any calendar
year.
(b) Except in cases of emergency leave, such request must be made at least two
(2) weeks prior to the requested starting date of the leave, and may only be
made by employees with six (6) months of continuous employment.
(c)
Extensions of personal leaves will only be granted if sought in advance of the
expiry of the original leave and are subject to the same considerations.
(d) No outside work may be entered into nor may hours of work elsewhere be
expanded, while on a personal leave of absence unless specific
15.14
Upon return from a leave of absence the employee will be reinstated in his former
position and location, or to alternative work of a comparable nature if the former
position no longer exists.
:15.:15
Leaves of absence may be granted by the employee's Manager. The Manager will
respond in writing within three (3) days of receipt of written request from the
employee.
23jPage
JURY DUTY
15.16
A full-time or part-time employee who has completed his or her probationary period·
is granted a leave of absence if called for jury duty or are subpoenaed as a Crown
witness. Under such circumstances, the employee must submit any fees (excluding
parking and meal allowance) received from the court to OLG to receive their regular
salary for scheduled shifts/days. The employee must furnish the Employer with a
Certificate of Service signed by the Clerk of the Court showing the amount of any fee
received. Time spent on jury duty is not used in calculating overtime.
UNION LEAVE
15.17
(a) When an employee is elected or appointed to a full-time position with the
Union, the Employer shall, upon four (4) weeks' written notice, grant a leave
of absence without pay and without loss of seniority for the duration of such
leave for up to two (2) years. During this time period, the employee may, upon
four (4) weeks' written notice, be returned to the position held immediately
prior to the commencement of the leave. This leave of absence is limited to
one (1) employee during the life of the agreement.
(b) The Employer may be asked to grant a leave of absence without loss of pay
for up to four (4) persons in any twenty four (24) hour period to attend at
union functions. These leaves will be granted where they do not interfere with
the operation of the Employer, do not impact on vacation entitlements and
are not used for a purpose contrary to the Employer's interests or to
disparage the Employer. There must be at least fourteen (14) days written
notice of the request for the leave of absence and there are to be no more
than a total of twelve (12) days per year. The Employer will invoice the Union
for wages for these days.
ARTICLE 16 - LAYOFF
16.01
The Employer will provide all notice, pay in lieu of notice andjor severance required
under the Employment Standards Act in the event of a layoff. Where possible, the
Employer will give seventy two hours (72) notice of layoff to the affected employees
and to the Union and, if requested, will meet to discuss the layoff with a Union
representative or designate during the notice period.
16.02
In the event of a layoff, the following will apply:
(a) Temporary employees within the classification will have their employment
ended.
(b) Probationary employees within the classification will have their employment
ended~
24JPage
(c) Among the remaining employees, the Employer will determine the number of
full-time and/or part time employees required to be laid off in based on
operational needs. The Employer will, at the Union's request, review the basis
of its determination with the Union, although this will not impact the timing of
layoff notice.
(d) Full-time and/or part-time employees so identified will be laid off in reverse
order of seniority.
(e) A laid off full-time employee may elect to displace the most junior part-time
employee(s) within the classification if he or she has greater service. Such
full-time employee will be placed on the part-time seniority list based upon his
or her service date.
16.03
Voluntarv Layoff
An employee who has not received a notice of layoff may make an offer of voluntary
layoff where there is another employee who has received notice of layoff. If such
request is made before the layoff has become effective and is acceptable to the
Employer, the Employer will substitute this employee for the employee on notice of ·
layoff.
16.04
Recall
(a) Employees who are laid off shall be placed on a recall list and shall accrue
service and seniority for a maximum of eighteen (18) months.
(b) Where the Employer determines that it needs to recall staff, employees laid
off shall be recalled in reverse order of layoff. Notwithstanding the foregoing:
(i)
a full-time employee must accept a recall to a full-time position andjor a
part time position, as required, although recall to a part-time position will
not extinguish the right to recall to a full time position should one
become available during the layoff. A full-time employee may decline
recall to a part-time position without abandoning his or her recall rights
where there is a part-time employee or more junior full-time employee on
recall who is available to do the work required and otherwise must return
or waive his or her rights;
(ii)
a part-time employee must accept a recall to a part-time position, as
required;
(iii) a part-time employee may not be recalled to a full-time position; and
25JPage
(lv) employees must indicate within forty eight (48) hours of the recall notice
that he or she is willing and able to return to work or the employee shall
be deemed to have refused recall and seniority rights.
(c)
An employee and the Employer may agree during the recall period to elect to
terminate the employment relationship and the employee would receive any
severance to which he or she is entitled under the Employment Standards
Act. The employee will then be removed from the recall list and the Employer
shall have no further obligation with respect to this employee.
(d) Notice of recall shall be by telephone and, if the employee cannot be reached,
shall be sent by next day courier to the employee's last known address and
shall be deemed delivered at 10:00 AM on the following business day
regardless of actual delivery. It shall be the employee's responsibility to keep
the Employer advised of his/her current telephone number and address at all
times.
16.05
Grievances regarding layoff shall be initiated at Step 2 of the grievance procedure
but must be initiated within the ten (10) days required for filing of all grievances.
16.06
The Employer shall maintain the payment of its share of any applicable benefit
premiums up to the end of the month following the month of layoff or such longer
period as is required under the Employment Standards Act.
ARTICLE 17- VACATIONS
17.01
(a) Vacation time and vacation pay are both earned benefits.
(b) On commencing employment as a full time employee, he/she shall be
advanced with pro-rated vacation for the balance of the calendar year.
(c)
17.02
All full-time employees shall earn vacation credits based upon their years of
service.
(a} The vacation entitlement for full-time employees is listed below. As full-time
schedules may vary daily, the vacation entitlement is expressed in total hours.
Years of Service
First eight years
At eight years
At fifteen years
At twenty six years
Total Days/Hours Per Calendar Year
15 days 1 120 hours
20 days/ 160 hours
25 days/ 200 hours
30 days I 240 hours
(b) On January 1•1 of each year, employees are advanced a full year's vacation
credits based on their years of service. For employees reaching the next
26jPage
entitlement level during the year, they will be advanced the full year's
entitlement on January 1•1 of that year. For example employees who
complete their eighth year on May 15, 2008 would receive their full
entitlement on January 1, 2008. If an employee commences, terminates or
changes employment status during the year, their credits will be pro-rated. In
addition, employees who are off on an unpaid leave of absence or layoff
greater than thirty (30) days will have their vacation credits prorated. If an
employee terminates his employment and has been paid more vacation than
the year's entitlement, the extra vacation paid will be deducted from their
final pay.
(c) Vacation time must be taken during the calendar year in which it was earned,
except for exceptional circumstances. Up to eighty (80) hours of vacation
time earned during a year may be carried over into the first three (3) months
of the following calendar if the employee so requests in writing prior to
December 1 and the Manager approves. Any vacation not booked by the end
of October may be scheduled by the Employer between then and March 31 of
the following year.
The Employer will designate periods when vacation can be taken and how
many employees may be off at one time.
(d) Vacation may not be taken, except in exceptional circumstances, during
probation.
(e) No employee shall be required or contacted to work during the scheduled
vacation period selected and approved in the November vacation picks.
17.03
Vacation Entitlement for Part-Time Employees
Part-time employees will receive vacation payment instead of vacation days, on the
following basis. The vacation payment is based on years of continuous service with
OLG.
Years of Service ·
First 8 years
At 8 years
At 15years
At 26 years
17.04
Vacation
6%1 3 weeks (2 weeks + 5 days unpaid)
8%1 4 weeks (3 weeks + 5 days unpaid)
10% I 5 weeks (3 weeks + 10 days
unpaid)
12% I 6 weeks (4 weeks + 10 days
unpaid)
For part-time employees, vacation is paid bi-weekly and calculated on total earnings
for the bi-weekly pay period. Upon commencing employment as a part-time
employee, he/she will be advanced with pro-rated vacation for the balance of the
27\Page
calendar year. Part-time employees may book their weeks and their days of unpaid
vacation time each year. "Weeks" above must be taken as calendar week blocks of
time away from work while days may be used individually.
For employees reaching their next entitlement level during the year, they will be
advanced the vacation time and pay entitlement on January :L•t.
Part-time employees will have the option of banking vacation pay which can be paid
out on written request of the employee. All remaining vacation pay will be paid out
in January of the following year.
Part-time employees seconded to full-time employment for six (6) months or greater
will receive the appropriate number of pro-rated paid vacation days. Also the
seconded employee will be allowed to bank lieu time.
:1.7.05
Scheduling
(a) The Manager will designate periods when vacation may be taken and how
many employees may be off work at any one time having regard to
operational considerations, staffing and other variable business
considerations.
(b) A draft schedule will be made available to employees by the end of October of
each year. Vacation picks are held in November of each year with the
approved schedules posted by December :1.5. Full-time employees will first
select available vacation based on seniority. Part-time employees will then
select available vacation based on seniority.
The pick process will be as follows:
Pick :1. Full time employees by seniority will pick either a one (:1.) week or a
two (2) week block (40 hrs or 80 hrs)
Pick 2 Full time employees by seniority will pick either a one (:1.) week or a
two (2) week block (40 hrs or 80 hrs)
Note: A full time employee may only select a two (2) week block in one of
the two first picks.
Pick 3 Full time employees by seniority may pick the remainder of their
eligible vacation time.
Pick 4 Part time employees by seniority will pick their first one (:1.) week
block.
28IP age
Pick 5 Eligible part time employees by seniority will pick their second one (1)
week block.
Pick 6 Part time employees by seniority may pick the remainder of their
eligible vacation time.
(c) Any vacation that is not scheduled in the November picks will be taken at the
discretion of the Employer and subject to operational requirements.
Responses to requests after the picks have been completed will be provided
on a first come and first serve basis within two (2) weeks of the request.
(d) Employees will be allowed to cancel approved vacations with two (2) weeks
written notice. Where, due to a medical emergency, two (2) weeks notice
cannot be given, then notice must be given as soon as possible prior to the
commencement of vacation.
17.06
An employee who, prior to their scheduled vacation, becomes eligible for
bereavement leave will be able to reschedule the vacation days . affected by
bereavement leave. Such vacation will be taken at a time mutually agreeable to the
Employer and the employee.
:1.7.07
Where an employee becomes ill and eligible for STSP prior to their vacatior'f'"
commencing they shall have the right to temporarily terminate their vacation and
when they become fit it will be rescheduled on mutually agreeable dates, If the
employee recovers prior to the completion of the scheduled vacation, they will take
vacation on those dates.
ARTICLE :1.8- DESIGNATED HOLIDAYS
18.0:1.
There are twelve (:1.2) paid holidays:
New Years Day
Good Friday
Victoria Day
Civic Holiday (First Monday in August)
Thanksgiving Day
Christmas Day
:1.8.02
Family Day
Easter Monday
Canada Day
Labour Day
Remembrance Day
Boxing Day
It is agreed and understood that given the nature of the Employer's operation,
employees may be required to work on a holiday. For the purpose of clarity, where
an employee is scheduled to work on any one of the above-mentioned holidays,
he/she shall be paid at the holiday premium rate of time and one-half his base .
hourly rate, for all hours worked between :1.2.0:1 a.m. and 1:1..59 p.m. on the holiday, •··· ;,~
··· >"' ,,.,,,
in addition to any holiday pay to which he is entitled.
29!Page
18.03
All employees are eligible for holiday pay if he/she worked his/her full regular
scheduled day before and after the holiday or worked his/her full regular shift on the
holiday.
18.04
In order to qualify for premium pay andjor holiday pay, employees must work their
last regularly scheduled day of work before and their first regularly scheduled day of
work after the holiday, unless:
(a) absent on vacation;
(b) absent on either of those days and such absence is authorized by the
Employer based on a medical certificate issued on the day of the absence by
a qualified physician which is submitted to the Employer on the day the
employee returns to work;
(c) absent due to an emergency situation related to the employee or an
immediate family member that arose on short notice and could not be
addressed outside of working hours and provides such reasonable proof as
may be required.
18.05
Employees who agree to, or are otherwise required to work on the paid holiday and
fail, without meeting the requirements in paragraph 18.04 (b) or (c) above, to work
their entire shift on the paid holiday, will not be eligible for premium pay or holiday
pay.
18.06
Holiday pay will be calculated as an average of the total hours worked, including paid
leaves but excluding overtime; in the fours weeks preceding the week of the holiday
divided by the number of shifts worked.
18.07
A full-time employee who was scheduled to work and did work on the holiday will be
compensated by time off in lieu. If the employee worked a consistent shift length in
the four weeks. preceding the week of the holiday, the lieu time will be equal to that
shift length. A full-time employee who works shifts of variable lengths in the four (4)
weeks preceding the week of the holiday will have their holiday pay entitlement
determined by averaging in accordance with 18.06. This lieu time will be banked
automatically, unless he or she provides a request form to be paid in advance to his
or her Supervisor. A full-time employee who qualifies for holiday pay and is away on
a normally scheduled day off on a statutory holiday will have his or her holiday pay
hours banked automatically, unless he or she provides a request form to be paid in
advance to his or her supervisor. It is agreed that such lieu time must be taken
within six (6) months of the holiday and that no more than three (3) lieu days may be
carried at any one time. In order to schedule a lieu day, the employee must request
the lieu time at least two (2) weeks in advance of the requested day off. Lieu time
will only be granted subject to the operational needs of the department.
30!Page
ARTICLE 19 ·ABSENCES FROM WORK
19.01.
Employees are required to attend work regularly in accordance with the Employer's
Attendance Management Program and Disability Management program. When
unable to attend, the employee must contact his Manager or his designate as far in
advance as possible of his scheduled starting time, giving the reason he is unable to
attend work, the date of his expected return, and the details as to where he can be
contacted during his absence. Call-ins to report an absence must be made by the
employee no later than two {2) hours prior to the start of the employee's scheduled
shift except where there are extenuating circumstances making such a call
impossible.
19.02
Medical evidence may be required by the Employer outlining the prognosis and
limitations, the expected date of return, the ability of the employee to perform any of
his duties and/or to perform alternate duties. Such evidence will be required should
an absence exceed three (3) days in duration and may otherwise be required where
there is reasonable cause for concern.
19.03
Where an employee is required to fill out a disability management enrolment form
with his or her physician, any reimbursement or subsidy available to all other hourly
direct non-unionized gaming employees of the OLG for any medical note costs will be
made available.
ARTICLE 20- HEALTH, DENTAL AND LIFE
20.01 It is understood that the Employer may at any time substitute another carrier for any
Plan (other than OHIP) provided the health, dental and life insurance benefits
conferred by this collective agreement are not in total substantively decreased.
Before making such a substitution, the Employer shall notify the Union to explain the
proposed change.
20.02
It is understood that the Employer does not in any way act as the insurer in respect of
these benefits, nor does the Employer bear any responsibility in the event of a
dispute between an employee and the insurer. The Employer's responsibility is
fulfilled by arranging the purchase of the benefits as outlined in this agreement.
20.03
The employee has an obligation to maintain and submit all necessary forms,
designations and information required for benefit coverage to go into effect, for
coverage to continue, and for benefit recovery.
20.04
Employees will be eligible and prescription drug, health, dental and life insured plans
will be provided to members of the bargaining unit as they are provided for all nonunionized direct gaming hourly employees of the OLG, as may be amended from
time to time.
31JPage
ARTICLE 21- WORKPLACE SAFETY AND INSURANCE
(a) Where a full-time employee is absent from regularly scheduled work and has
21.01
made a claim under the provisions of the Workplace Safety and Insurance
Act, he or she will be paid full salary for the first thirty (30) working days
pending a decision from the WSIB on entitlement and eligibility.
At the expiry of the thirty (30) working days, if the claim is still pending, then
all previous and continuing absences related to the injury will be reverted to
the Short Term Sickness Plan and the employee will owe the employer the
difference between any entitlement under that Plan and the monies paid.
If the WSlB claim is denied on the basis of medical entitlement then all the
monies paid out by the Employer will be an amount owed by the employee to
the Employer. If the claim is denied on any other basis then the difference
between the full salary paid and the Employee's entitlement under the Short
Term Sickness Plan will be an amount owed to the Employer.
Monies owed may be recovered under a suitable repayment plan negotiated
by the employee and the Employer and, failing agreement, the Employer may
deduct up to twelve percent (12%) of the gross salary from the employee's
wages on each pay cheque until the full amount owing is repaid. Monies may
also be recoverable by order of an Arbitrator enforced in the Courts.
If the full time Employee has no Short Term Sickness Plan entitlement and
the WSIB award is still pending after thirty (30) days, then the time will be
unpaid.
Once a claim is approved the Employer will pay salary for the shorter of a total
of three (3) months in the case of a continuous absence or sixty five (65)
working days for intermittent absences which amount includes the thirty (30)
working days already paid.
(b) In accordance with section 25(a) and (b) of the Workplace Safety and
Insurance Act, where a full-time employee is in receipt of loss of earnings
benefits, the Employer agrees to maintain its premium payments for insured
benefits. Where the employee has a required contribution to the benefits the
employee must make arrangements to contribute his/her portion or his or her
participation will cease. This applies only in the first year following injury.
32IP age
ARTICLE 22 - SHORT TERM SICKNESS PLAN AND lONG TERM INCOME PROTECTION PLAN
SHORT TERM SICKNESS PLAN (STSP)
22.01
STSP is available only to full-time employees who have completed at least twenty
(20) consecutive shifts of active full-time employment. Consecutive days do not
include vacation, lieu time or any leaves of absences without pay, but days worked
before and after such leave will count towards consecutive days. Where an
employee is unable to attend his or her duties due to sickness or injury, the days
worked before and after such absence shall not be considered consecutive.
22.02
The STSP will be as provided for all other non-union direct gaming hourly employees
of the OLG, as may be amended from time to time. The STSP is currently self
insured but the Employer reserves the right to at any time obtain a carrier for the
Plan and to substitute an insured plan with all premiums paid by the Employer.
When making such a substitution, the Employer shall notify the Union to explain the
proposed change.
22.03
The employee has an obligation to maintain and submit all necessary forms,
designations and information required for benefit coverage to go into effect, for
coverage to continue, and for benefit recovery. Failure to furnish such evidence may
result in loss of benefits for the time period.
LONG TERM INCOME PROTECTION PLAN (LTIP)
22.04
The Employer will maintain and provide an LTIP for qualified full time employees
who have been "totally disabled" for a period of longer than six (6) months. The LTIP
will be as provided for all other direct gaming hourly employees of the OLG, as may
be amended from time to time. Participation for full time employees is mandatory.
A full time employee is eligible for coverage on the first day of the month coinciding
with or following probation if he or she is a new employee or, alternatively, following
two months of continuous service in a full time position.
22.05
An employee is considered to be "totally disabled" if they are wholly and continuously
unable to perform normal work due to an illness or injury during the first thirty (30)
months following the date of disability.
22.06
LTIP premiums are eighty-five percent (85%) paid by the Employer and fifteen
percent (15%) by the employee.
22.07
The employee has an obligation to maintain and submit all necessary forms,
designations and information required for benefit coverage to go into effect, for
coverage to continue, and for benefit recovery. Failure to furnish such evidence may
result in loss of benefits for the time period.
22.08
LTIP is an insured plan and it is understood that as with all insured plans the
employer does not in any way act as the insurer in respect of these benefits, nor
331 Page ·
does the Employer bear any responsibility In the event of a dispute between an
employee and the insurer. The Employer's responsibility is fulfilled by arranging the
purchase of the benefits as outlined in this agreement.
ARTICLE 23 - PENSIONS
23.0:1.
The Employees are required to continue to participate in the Plan in accordance with
the terms of that Plan.
ARTICLE 24- BULLETIN BOARDS
24.0:1.
The Employer will provide the Union with reasonable access to an area of an
enclosed bulletin board for the posting of the following notices:
1.
2.
3.
4.
5.
6.
7.
Notices of union elections
Union election results
Notices of union meetings
Notices of union recreational and social events
Names of Stewards and Executive
Local union by-laws
Minutes of union meetings
Notices shall be endorsed/signed by the Unit Chair or designate and must be
provided to the Human Resources Manager or designate prior to posting.
The bulletin board is provided for the purposes identified above and shall not be used
for disseminating propaganda, or for the posting or distribution of pamphlets,
political material of any kind or advertising. It shall not be used to demean or make
derogatory comments about employees, the Employer or management of the
Employer.
No other postings shall be put up in the Workplace.
ARTICLE 25- GENERAL
25.01
Tips.
No acceptance of Tips except where expressly allowed through the Internal Control
Manual and the OLG Code of Business Conduct.
Tip distribution is a matter to be addressed by the employees in accordance with
AGCO and OLG established policies and rules.
341Page
25.02
25.03
Uniforms
(a}
Uniforms shall be determined by, provided by, altered by and replaced by the
Employer as it requires on an as-needed basis. Uniforms shall be supplied at the
Employer's expense.
(b)
Employees are responsible for caring for his or her uniform. Those parts of the
uniform that the Employer requires to be dry cleaned will be dry cleaned at the
Employer's expense. Alterations that are required will be done at the
Employer's expense.
(c)
Upon leaving employment, an employee is required to return all uniforms
provided. Failure to do so without providing an acceptable reason will result in
any outstanding wages and/or vacation pay from the employee's last two weeks
of pay being withheld until such time as reasons are provided or alternative
arrangements suitable to the Employer and the employee agreed.
Copies of the Agreement
The parties shall share equally the cost of printing and distributing sufficient copies
of this Agreement.
25.04
Licences
Upon presentation of a receipt, the Employer will reimburse the Gaming Licence fee
paid by the employee on his or her first pay cheque. If the employee 's employment
ends prior to ninety (90) calendar days then the fees paid will be owed to the
Employer and will be withheld from any wages owing. The Employer will pay any
required Gaming Licence fee for an active employee when he or she performs their
regular licence renewal.
25.05
The employees consent to the collection, use, disclosure and maintenance of all
personal information by the Employer and its agents and third party service providers
(including the Union) required for the management of this Agreement, licensing and
the employment relationship.
25.06
Employees required to attend a gaming license renewal interview will receive a
maximum of four (4) hours of pay at their regular hourly rate. Where these hours are
outside of regular work hours they will not be included in overtime calculation. OLG
will not reimburse for mileage or travel costs associated with AGCO gaming license
renewal. It is the responsibility of the employee to notify the Department Supervisor
when scheduled by AGCO for the interview.
35[Page
ARTICLE 26 - PERSONNEL FILE
26.01
An active employee, during the course of his/her employment, shall have a right
once a year to examine all documents in his/her personnel file. Examination of such
a file shall occur at a time convenient to the Employer and the employee, following
submission of a written request from the employee on the form required by the
Employer. The review wlll take place in the presence of a Human Resources
representative and there will be no right to remove items from the file.
ARTICLE 27- DEFINITIONS
27.01
In this collective agreement, the following definitions apply:
(a)
Unless otherwise noted or as required by a policy, "day" means a calendar
day.
(b)
All reference to the masculine in this Agreement shall be read as applying to
the female gender where the context would apply.
(c)
Where the singular is used throughout this Agreement it is agreed that the
plural is an acceptable substitute wherever the plural gender is applicable.
(d)
"Spouse" means either of two persons including those in same-sex spousal
relationship who:
(i)
are legally married to one another; or
(ii)
have cohabitated for a period of not less than six (6) months in a
conjugal relationship outside marriage; and
(iii) must reside in Canada to be eligible for benefits; and
(iv) only one person may be recognized as a spouse.
(e)
Where "Employer" and "Casino" are used in this agreement they refer to OLG
Casino Brantford.
ARTICLE 28- TECHNOLOGICAL CHANGE
28.01
The Employer undertakes to notify the Union in advance, so far as is practicable, of
any technological changes which the Employer has decided to introduce which will
result in the layoff of an employee within the bargaining unit.
28.02
Where such notification is practicable, the Employer is open to receiving from the
Union suggestions, ways and means that the Union considers might meet the
business goals while minimizing the adverse effect upon employees concerned.
36JPage
ARTICLE 29 - DURATION
29.01. The parties agree that the stated term of this collective agreement shall be from
February 1.6, 201.0 to February 1.5, 2012.
29.02
The effective date of all provisions or terms of this first collective agreement shall be
the date of ratification, unless otherwise stated, and neither party will seek to
enforce any provision or term for the time period prior to ratification.
29.03
Either party shall be entitled to give notice in writing to the other party as provided in
the Ontario Labour Relations Act of its desire to bargain with a view to the renewal of
the expiring collective agreement at any time within a period of ninety (90) days
before the expiry of the date of the Agreement. On receipt of such notice by either
party, the parties shall meet and bargain in good faith to reach a renewal agreement.
Signed this _ _q,___day of
'tp~ , 201.0.
371 Page
SCHEDULE A - CONTRACT EMPLOYEES
1.
Contract employees under the Collective Agreement will have their terms and
conditions of employment governed pursuant to this Schedule and the provisions of
the Collective Agreement will only apply where expressly indicated in this Schedule.
All other terms and conditions will be as set out in the Employment Standards Act for
term and task employees.
2.
A contract employee will work in the Tables Games Department on a defined term or
task contract not to exceed three (3) months in duration except where a contract
employee is replacing a full time employee off on a leave in excess of three (3)
months. There is no guarantee of hours to be worked and contract employees may
either be contracted to provide task employment andjor be retained to replace an
emp.loyee on an authorized leave of absence.
Prior to hiring a contract employee, a part time employee will first be offered the
right to replace a full time employee on any authorized leave of absence expected to
last longer than thirty (30) days in duration. Should no part-time employee be
interested, the position would be offered to qualified Dual Rate Table Games
Inspectors prior to filling the position with a contract employee.
3.
Contract employment will end at the conclusion of the defined term in the contract
(if the agreement is not renewed prior to its expiry), or on such notice as is defined in
the contract and all contracts will be ended prior to any layoff of other employees.
4.
The Union will be provided with a list of all contract employees with term dates
following AGCO registration notification.
5.
Contract employees who have satisfactory performance will be given preference over
an external candidate for a job posting within their job classification. He will be
required to serve a probationary period but will have his service credited towards
probation.
6.
Contract employees will be covered by Article 1 (Purpose), Article 3 (No
Harassment/No Discrimination), Article 4 (Management Rights), Article 6 (Dues
Deduction), Article 7 (Union Representation), Article 8 (Occupational Health and
Safety), Article 18 (Designated Holidays), Article 19 (Absences from Work) and
Article 26 (Personnel File). The grievance and arbitration provisions of the
agreement apply to contract employees as if they were probationary employees
under the agreement. Furthermore, contract employees are covered by any other
rights which they are granted, pursuant to applicable legislation.
7.
The rate of pay for contract employees will be eighty (80) percent of the job rate and
they will receive vacation pay in addition to this amount.
38IPage
LETTER OF UNDERSTANDING #1 - COMPUTER PURCHASE PROGRAM
If the Employer runs a Computer Purchase Program Campaign for all other non-union hourly
employees at OLG Casino Brantford within the duration of this Collective Agreement, then it
will be offered to the employees in the bargaining unit on the same terms. Application and/or
interpretation of the program is within the discretion of the Employer and is not subject to a
grievance.
LETTER OF UNDERSTANDING #2 - RED CIRCLE RATES
Employees whose current wage rate exceeds that set out in Article 14.01 will be red-circled
until the job rate surpasses the current wage rate.
LETTER OF UNDERSTANDING #3 - MONITORING
The Employer undertakes to notify the Union in advance, so far as is
practicable, of any change in the number of tables a Table Games Inspector is expected to
monitor. The Employer will not oppose the Union making a submission to the regulator on this
matter.
LETTER OF UNDERSTANDING #4 - START TIMES
The Employer will endeavor to maintain the current practice of providing employees with a
consistent start time each week. The Union understands that start times are subject to
operational requirements.
LETTER OF UNDERSTANDING #5 - OVERTIME ALLOCATION
The parties agree that mandatory overtime is not desirable and that efforts should be made by
both parties to reduce its use. Prior to assigning mandatory overtime to an Inspector the
Employer will utilize the following process:
1.
Assign the available overtime by seniority to an Inspector who has indicated
his/her interest to work overtime that day by signing his/her name on the
voluntary overtime sheet.
2.
Investigate whether there is a Dual Inspector either currently at work or coming
in on the incoming shift who can perform the required Inspector duties without
impacting the business.
3.
Seek a volunteer from amongst the current Dual Inspectors coming off shift to
work the required Inspector overtime.
4.
Should there be no volunteers, assign the mandatory overtime to an Inspector in
accordance with Article 13.11.
39[ Page
The parties agree to meet quarterly to discuss the use of mandatory overtime.
If an employee is requested to work overtime and is not advised within the last half (1/2) an
hour of their shift that they are no longer required to work overtime, they will be guaranteed at
least one half (1/2) hour of overtime pay.
LETTER OF UNDERSTANDING #6 - PART TIME SCHEDULING
The Employer and the Union agree that Part-time Table Games Inspectors should have priority
for any Table Games Inspector hours available once all Full-time Table Games Inspectors have
been scheduled. It is understood that this priority ceases once all Part-time Table Games
Inspectors have been scheduled for 24 hours in the work week. It is further understood that
this priority is subject to any scheduling limitations in the collective agreement and game skill
requirements.
LETTER OF UNDERSTANDING #7 - STAFFING COMPLEMENT
The parties recognize that the nature of the Employer requires the use of part-time employees
to meet the demands of its business.
The parties further recognize the preference of the Union to have as many full-time employees
as is reasonable in the business. It is recognized that in order to meet operational needs, the
employment of part-time employees is necessary. The Employer will discuss its staffing
philosophy for the bargaining unit with the Union and will be open to suggestions from the
Union concerning the staffing complement. While the Employer is open to discussing staffing
with the Union, and is committed to identifying and filling full-time positions when feasible, the
Employer retains the right to make the final determination on staffing complements in
accordance with the provision of the Agreement.
40jPage
LffiER OF UNDERSTANDING #8
The Employer agrees that the matters noted in this letter of understanding will be
provided to members of the bargaining unit as they are provided for all non-unionized direct
gaming hourly employees of the OLG, as may be amended from time to time:
(a)
Family Medical Leave
(b)
Personal Emergency Leave
(c)
Canadian Reservist Military Leave
(d)
Religious Holidays
(e)
Educational Reimbursement
(f)
Citizenship Ceremony
(g)
Employee Assistance Plan
Signed this _ _ql--_.day of
9$~ , 2010.
411Page