614-0021-08 - Pages - Home

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OCT 2 4 2007'
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COLLECTIVE
BETWEEN
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SYSCO STURGEON FALLS
IN THE TOWN OF WEST NIPISSING
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MAY
AND
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OOLI.Ei:CTIVE 81\RGAINING
INFORMATION :SERVICES
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NORTHERN ONTARIO JOINT COUNCIL
- of the Retail, Wholesale and Department Store Union, District Council
- of the United Food and Commercial Workers International Union
MAY
6 2008
COLLECTIVE BARGAINING
INFORMATION SERVICES
1',
FILE No,
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15'7o2-TI~:_rz
CERT. D!I.TE~1-----sr:f- I 'Yf?O
{;3
CERT. FILE
CODING CONTROL
!DENT CODED
RECEIVED-
()THf.R
January 12, 2004
to
January 11, 2008
I
INDEX
ARTICLE
1.
2.
3.
4.
PAGE
Recognition .................................................................. ....................... 1
Purpose .................................................................. ............................ 1
No Discrimination ................................................................. ................ 1
Management Rights .................................................................. ........... 1
6.
Union Security .................................................................. ................... 2
Strikes - Lockouts .................................................................. .............. 2
7.
Bond Coverage .................................................................. .................. 2
8.
Grievance Procedure .................................................................. .......... 3
Arbitration ................................................................. ......................... 3
5.
9.
10.
11.
Contract Negotiations .................................................................. ........ 4
Seniority ................................................................. ........................... 4
13.
Job Posting ................................................................. ....................... 6
Safety Apparel ................................................................. ................... 7
14.
Leave of Absence ................................................................. .............. 7
1 5.
Hours of Work and Overtime ................................................................ 8
16.
Call Out and Reporting Time ................................................................. 8
1 7.
Wages and Classifications .................................................................. .. 8
18.
Vacation with Pay ................................................................. .............. 9
19.
Paid Holidays ................................................................. ................... 10
Bereavement and Jury Duty Pay ......................................................... 10
Drivers' Meals ................................................................. ................. 11
12.
20.
21 .
23.
Benefits ................................................................. .......................... 11
Students, Part-time and Casual Employees ........................................... 13
24.
Employment of Part-Time and Summer Relief Employees ....................... 13
25.
Bulletin Boards ................................................................. ................. 14
26.
27.
Lunch and Coffee Breaks .................................................................. . 14
Visits by Union Representative ........................................................... 14
28.
Pay Days ................................. .'....................................................... 14
29.
Transportation Department ................................................................. 14
30.
General ................................................................. ........................... 15
Term ................................................................. ...................·........... 16
22.
31.
Schedule "A"- Hours of Work .................................................................. ... 17
Schedule "B"- Wages and Classifications ..................................................... 18
Schedule "C" ................................................................. ............................ 19
Appendix "A" ................................................................. ........................... 22
Letter of Agreement ................................................................. .................. 23
Letter of Understanding .................................................................. ............ 24
COLLECTIVE AGREEMENT
BETWEEN:
SYSCO STURGEON FALLS
IN THE TOWN OF WEST NIPISSING
(hereinafter referred to as the "Employer")
AND
NORTHERN ONTARIO JOINT COUNCIL - of the - RETAIL,
WHOLESALE AND DEPARTMENT STORE UNION, DISTRICT
COUNCIL- ot1the - UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION
(hereinafter referred to as the "Union")
ARTICLE 1 - RECOGNITION:
The Employer recognizes the Union as the sole and exclusive bargaining
1.01
agent for all employees working at SYSCO Sturgeon Falls in the town of West
Nipissing, save and except foremen, persons above the rank of foreman, office and
sales staff.
Part-time employees shall be covered by this A.greement only as
1 .02
specifically set out in Schedule "C" of this Agreement.
ARTICLE 2 - PURPOSE:
The purpose and intent of this Agreement is to promote cooperation and
2.01
harmony and to provide a channel for the exchange of information between the
parties; and to define the conditions and terms of employment of the employees
covered by this Agreement and the rights, duties and obligations of the Employer, the
employees and the Union.
ARTICLE 3- NO DISCRIMINATION:
The Union, the employees, and the Employer agree that there shall be no
3.01
discrimination because of any reason covered by the Ontario Human Rights Code, the
Ontario Labour Relations Act, or for any other reasons prohibited in any employmentrelated legislation.
ARTICLE 4 - MANAGEMENT RIGHTS:
The Union and the employees acknowledge that it is the exclusive right
4.01
of the Employer to set ti")e qualifications if its employees and to manage its business
and, subject only to those specific limitations expressly contained in this Agreement,
all rights and prerogatives of management are retained by the Employer. Other than
the established practices not covered in this Collective Bargaining Agreement, it is
understood by the parties that the negotiations resulting in this A,greement provided
ample opportunity for all matters to be considered and therefore fully bargained.
Subsequently, this Agreement shall not be construed to any matter not specifically set
forth. It is expressly understood that any claim where the Employer has exercised
their management rights· inconsistent with the Collective Bargaining Agreement, said
action shall be subject to the grievance procedure contained herein.
ARTICLE 5 - UNION SECURITY:
The parties agree that all employees covered hereunder shall, as a
condition of their employment, become and remain members of the Local Union
concerned in good standing in accordance with the by-laws and constitutions of the
Union.
5.01
Any new employee hired after the signing of this Agreement shall upon
the completion of his/her probationary period make application for membership in the
Union and shall become and remain a member of the Union in ~~ood standing as a
condition of his/her continued employment with the Employer.
5.02
The Employer shall deduct the Local Union initiation fees and the weekly
regular Union Dues in the amount and manner specified by the Union by-laws and
constitutions from each pay cheque due to each employee covered by this Agreement
and remit such monies so deducted to the Union, presently located at 230 Regent
Street, Sudbury, Ontario, P3C 4C5 on or before the 15'h day of tlhe month following
the month in which such deductions are made. The Employer will at the same time
submit a list of the employees from whose pay such deductions lhave been made.
5.03
In the event that any employee who is required to obtain and maintain
membership in good standing in the Union is denied membership or is suspended or
expelled, so that the employee may not continue to be employed, the Union shall send
to the Employer a statement of the reasons for the action taken in refusing
membership or suspending or expelling that person from the Union.
5.04
The Union agrees that, in taking such action against any employee, it
shall neither act in a discriminatory manner nor refuse membership or impose expulsion
or suspension for any reasons contrary to its own constitution or Local Union by-laws.
5.05
The Employer shall record on each employee's annual T -4 taxation form
the total amount of all monies deducted from an employee's pay cheque pursuant to
this article.
5.06
ARTICLE 6 - STRIKES-LOCKOUTS:
During the term of this Agreement, the Union agrees that there will be no
strikes and the Employer agrees that there will be no lockouts.
6.01
It shall not be a violation of this Agreement for the 'employees covered
hereunder to refuse to cross a picket line where such an employee has reason to
believe that the crossing of such picket line would be a risk to his/her personal safety
or property.
6.02
ARTICLE 7 - BOND COVERAGE:
All employees covered hereby shall be required to give bond, but cash
bonds shall not be compulsory, and any premium involved shall be paid by the
Employer. Failure of an employee to qualify for the bond shall be sufficient cause for
discharge. If a bond for an employee is cancelled at any time after being secured, the
Employer may discharge such employee.
7.01
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ARTICLE 8- GRIEVANCE PROCEDURE:
8.01
Should any difference arise between the Employ•er and any of the
employees, or between the Employer and the Union as to the interpretation,
application, or alleged violation of any of the provisions of this Agreement, an earnest
effort shall be made to settle such difference without undue del'ay in the following
manner. Furthermore, any employee who believes that they have been disciplined
without just and sufficient cause shall have the right to grievE! such through the
grievance procedure.
8.02
The employee concerned and a Union Steward may, within seven (7)
calendar days after the alleged grievance occurs, take the matter up with the branch
manager or his/her delegate, who shall give his/her answer within seven (7) calendar
days. Should the employee feel that his/her grievance has not been satisfactorily
settled, then section 8.03 may be invoked as follows:
8.03
A Committee of the Union, including one or two Union representatives,
may present the grievance in writing to management within seven (7) calendar days
after the decision has been received in 8.02. The manager or his/her delegate shall
discuss the matter with such committee and give a written decision not later than
seven (7) calendar days after such discussion is concluded.
If a satisfactory
settlement of the grievance is not reached, it may be dealt with as hereinafter provided
for in Article 9.
8.04
Where the Employer or the Union finds it necessary to file a policy
gnevance, such grievance shall be deemed to be filed at Step 2 of the grievance
procedure.
8.05
The parties may extend the time limits in the grievance procedure by
mutual agreement. Such extensions must be confirmed in writin!J· Any and all time
limits set forth in Article 8 for the taking of action by either party or by an employee
may be extended at any time by mutual agreement of the parties, which shall be
confirmed in writing.
ARTICLE 9- ARBITRATION:
9.01
If the grievance is not resolved at Step 2 of the grievance procedure
contained within Article 8 of this Agreement, the grieving party may refer the
grievance to arbitration by giving notice, in writing, to the other party within thirty (30)
calendar days after receipt of the Step 2 response, but not thereafter. If the request
for the arbitration is not given within the thirty (30) calendar day period, the decision
at Step 2 shall be final and binding on both parties to this Agreement and upon any
grievor involved and the grievance shall be deemed to be withdrawn.
9.02
After the notice to arbitrate has been given, but before an arbitrator has
been selected, the parties may mutually agree to extend the time for selecting an
arbitrator in order for the parties to engage the services of a grievance settlement
officer to assist the parties in resolving the dispute. The cost of the grievance
settlement officer shall be shared equally between the parties. If the grievance
settlement officer is unable to settle the dispute, then the parties will proceed to select
an arbitrator under the terms of this Agreement. A grievance which has been referred
to an arbitrator, who shall be selected by the Employer and the Union within thirty (30)
calendar days from the receipt of the notice to arbitrate or the meeting of the
grievance settlement officer as the case may be. If the Employe!' and the Union are
unable to agree on a sole arbitrator within the thirty (30) calendar day period, then
either party may request the Ontario Minister of Labour to appoint an arbitrator.
-3-
9.03
The arbitrator appointed shall hear and determine the matter and shall
issue a decision which shall be final and binding upon the parties and upon any
employee affected by it.
9.04
The arbitrator shall not be authorized to make any decision inconsistent
with the provisions of this Agreement, nor to alter, modify, or ame>nd any part of this
Agreement.
9.05
If the arbitrator ·decides that a discharge was without just and sufficient
cause, the Board may reinstate the employee and may reimburse him/her for all time
lost from the date of discharge up to the date of reinstatement, less any amounts
earned by the employee in the interval or by any other arrangements which is just and
equitable.
9.06
The Employer agrees to recognize Union Stewards as appointed by the
Union for the purpose of handling grievances once the Employer has been provided
with the names of those appointed in writing. Union Stewards for the warehouse shall
be comprised of not more than four (4) employees, one ( 1) repres13ntative as a Chief
Steward, one ( 1) representative from the night shift, one ( 1) representative from the
day shift, and one (1) representative who is employed as a truck driver.
9.07
The parties shall equally bare the entire cost of the Arbitrator.
9.08
Any and all time limits fixed by Article 9 for the taking of action by either
party may be extended at any time by mutual agreement of the parties, however, any
extension of time limits must be confirmed in writing.
9.09
In the event that a recognized steward is required to process a grievance
during his or her normally scheduled work hours, he/she shall continue to receive
his/her pay during said time.
ARTICLE 10- CONTRACT NEGOTIATIONS:
10.01
The Employer agrees to pay for lost time wages of the Union Bargaining
Committee, while such committee is in the process of negotiating an agreement or any
changes to the Collective Agreement, as the case may be. Lost time wages will also
be paid by the Employer for time spent by an employee during his/her normal working
hours while in negotiations when the parties are being assisted by a conciliation officer
or a conciliation board. However, the Employer shall not be obligated to pay lost time
wages for more than three (3) full-time members of any bargainin!~ committee.
Additionally, the Employer shall release and pay wages for one (1) parttime employee on the bargaining committee. However, the Union will reimburse the
Employer for all compensation made to said employee as a result of his or her
participation in the bargaining process.
ARTICLE 11 - SENIORITY:
11.01
Seniority is the principle of granting preference to employees for
promotions, demotions, lay-off and rehiring after lay-offs in accordance with length of
accumulated service, but only when an employee has the qualifications necessary to
fill the normal requirements of the job. However, an employee shall not be permitted
to use his/her seniority solely for the purpose of bumping for personal reasons.
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11.02
seniority.
The Employer will continue the practice of assigning Driver's runs by
11 .03
Seniority means the relative ranking of the employees as determined by
their respective lengths of accumulated service in SYSCO Sturgeon Falls in the town
of West Nipissing bargaining unit with the Employer. Seniority shall apply to any
employee after one hundred and eighty ( 180) calendar days in the employ of the
Employer and shall be computed from the first day of full-time employment and their
name shall be added to the seniority list.
11 .04
Within two (2) weeks after the date of ratification of any new Collective
Agreement, the Employer shall prepare and post seniority lists showing the seniority
ranking of the employees every three (3) months so that the employees may have the
opportunity to dispute and settle any inaccuracies which may appear on such lists.
A copy of such list shall be forwarded to the Union office in Sudbury, Ontario.
11 .05
An employee who has been laid off for lack of work shall retain his/her
seniority as provided under Section 11 .06 (d) and be entitled to recall before other help
is hired, provided that such employee makes himself/herself available within seven (7)
days after receiving the mailed notice to return to work by the Employer, which notice
shall be sent by registered mail to the employee's address last recorded with the
Employer. In the event that an employee receiving such registered notice to return to.
work, signifies to the Employer and the Union a legitimate reason for being unable to
return to work within five (5) working days and stating when he/she may be able to
return to work, such employee may be accepted without loss of seniority.
11 .06
Seniority shall be considered broken and an employl9e is deemed to be
terminated if an employee:
(a)
quits, retires or is retired;
(b)
is discharged, and such discharge is sustained by a settlement under the
terms of the Grievance Procedure including the decision of an arbitrator;
(c)
fails to return to work in accordance with the provisions of Section
11 .05, in which case the employee is deemed to have quit;
(d)
is laid off for a period of eighteen ( 18) consecutive months or the length
of seniority, whichever is lesser;
(e)
fails to return to work after the completion of a leaVE1 of absence on the
date mentioned in the signed leave of absence form.
(f)
has been absent from work for one ( 1) or more working days without
notifying the Employer and providing a reasonable explanation for this
absence, unless the failure to notify the Employer is due to
circumstances beyond the employee's reasonable control;
(g)
utilizes a leave of absence for purposes other than for which the leave of
absence was granted.
11 .07
In case of a lay-off for more than five (5) days, employees with one ( 1)
year or more seniority shall be given one ( 1) weeks notice of such lay-off.
11 .08
In the event of armed conflict, seniority shall be maintained, but shall not
accumulate, by reason of an employee's active service in the Canadian or Allied Armed
Forces.
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ARTICLE 12 -JOB POSTING:
12.01
Where a permanent job vacancy occurs or where a new classification is
created, a notice of vacancy shall be posted on the bulletin board 1'or five (5) working
days during which period any employee may bid in writing for the job. In awarding the
job, appointment shall be made to the applicant with the greatest seniority who has
the necessary ability and qualifications required to perform the normal requirements
of the job. Where the ability and qualifications of two (2) applicants are equal, then
seniority shall be the governing factor.
12.02
The Employer shall not be required to post any subsequent vac.ancy
created by the filling of a job posting provided that such vacancies are filled by
following the criteria in Articles 11.01 and 12.01 other than the posting procedure.
12.03
The notice of permanent vacancy shall set out the job classification, a
brief description of the functions of the job, the rate of pay, shift to be worked and
date of posting.
12.04
The successful applicant's name and seniority date shall be posted on the
bulletin board. The name and seniority date of an employee placed in a job in
accordance with Article 12.02 shall also be posted on the bulletin board. Copies of
notice of vacancy and notices posted pursuant to this Article 12.04 shall be sent to
the Union.
The successful applicant to a job posting shall be placed into such job
within five (5) working days of him/her being posted as the successful applicant.
12.05
The Employer shall within three (3) days of an employee completing
his/her probationary period inform the stewards and the Union of the name, address,
telephone number, start date and status of such employee. Additionally, the Union's
notification shall include the employee's social insurance number.
Should the Employer promote an employee from part-time to full-time, the
Employer will notify the union stewards within three (3) days of such promotion, and
also in writing, notify the Union of such promotion.
12.06
Notwithstanding Article 12.01, if an employee with greater bargaining
unit seniority than the employee who is placed in the posted vacancy is absent from
work by reason of vacation, leave of absence, illness or accident on the date of the
temporary assignment, and such senior employee returns to active employment within
fifteen ( 15) working days of the posting, he/she shall immediately upon such return
have the right to have his bid considered for the permanent vacancy or new job
provided he/she has the necessary ability and qualifications to perform the normal
requirements of the job. Where the senior employee is placed in such permanent
vacancy or new job, any affected employee(s) shall revert to their former job
classifications.
12.07
The Employer may temporarily fill any vacancy in accordance with the
criteria set out in Article 12.01 but without having regard for the job posting
procedure.
12.08
If an employee with greater bargaining unit seniority than the employee
who is assigned a temporary vacancy is absent from work by reason of vacation, leave
of absence, illness or accident on the date of the temporary assignment, and such
senior employee returns to active employment within fifteen (15) working days of the
temporary assignment, he/she shall immediately upon such return have the right to
request in writing that he/she be considered for the temporary assignment provided
-6-
he/she has the necessary ability and qualifications to perform the normal requirements
of the job. Where the senior employee is given the temporary assignment, any
affected employee(s) shall revert to their former job classifications.
ARTICLE 13 - SAFETY APPAREL:
13.01
An employee is responsible for his/her safety equipmHnt in the same way
he/she is responsible for other property of the Employer which is supplied for use by
the employees in the performance of their work.
13.02
As it is a requirement to wear Employer approved safety footwear,
employees with either full-time or part-time seniority shall receive an allowance of one
hundred and twenty-five dollars ($125.00) toward the purchase of such footwear.
Such allowance shall be paid through payroll deposit on or about June 1" of each year
to those eligible. Employees who regularly work in the freezer shall be entitled to the
allowance and will be responsible for securing their freezer boots.
13.03
Safety footwear shall be worn by all employees while on duty.
employee in breach of this provision may be subject to disciplinary action.
An
13.04
For employees regularly assigned to work in the freezer, the Employer will
supply the following: insulated jacket, insulated pants, a toque, and gloves.
For employee regularly assigned to the chill dock, the Employer will
provide a lightweight insulated jacket.
For employees regularly assigned as a truck washer, the Employer will
provide rain gear and gloves.
13.05
The Employer shall make available to employees who are assigned work,
as identified in Article 13.04, for the majority of their shift similar protective clothing.
ARTICLE 14- LEAVE OF ABSENCE:
14.01
The Employer shall upon request by the Union made at least one (1) week
in advance, and two (2) weeks in advance if possible, grant leave of absence without
pay not exceeding thirty-one (31) days to an employee who may be selected by the
Union to attend conventions of the Union.
14.02
The Employer shall, on. application by the Union given sixty (60) days in
advance, grant leave of absence to one ( 1) employee who may be selected by the
Union to fill an office or act in any official capacity for the Union. Such leave shall not
exceed at any one time a period of twelve ( 12) months.
14.03
The Employer may grant a leave of absence to any employee for any
legitimate reason.
14.04
All requests for leave of absence shall be in writing. In addition, all leaves
of absence granted in excess of two (2) weeks shall be in writing and signed in
triplicate by the Employer and the employee; such leave shall be signed on forms
supplied by the Union. One copy shall be retained by the Employer, one copy shall be
given to the employee and one copy shall be forwarded to the Union. Such granted
leave of absence shall be without pay, but shall not, however, cause any loss or break
in seniority.
-7-
ARTICLE 15 - HOURS OF WORK AND OVERTIME:
15.01
Hours of work for employees covered by this Agreement shall be outlined
in Schedule "A" attached hereto.
Overtime at a rate of time & one half ( 1 %) of the regular rate will be paid
1 5.02
to any employee who works in excess of forty-four (44) hours in a week. There shall
be no pyramiding of premium pay.
The forty-four (44) hours referred to above shall be reduced by the Paid
Holiday entitlement to the employee for weeks containing paid holidays.
15.03
The Employer will offer overtime in seniority order to employees who are
immediately available and possess the required skills to perform the' work. In the event
that there are insufficient volunteers to perform the required work, the Employer will
mandate in reverse seniority the qualified employees to perform the work.
15.04
The regular work week for warehouse employees covered by this
Agreement shall consist of forty (40) hours to be worked in five (5;1 consecutive shifts
of eight (8) hours Sunday to Saturday. There is not a guarantee of hours.
ARTICLE 16 - CALL OUT AND REPORTING TIME:
16.01
If a regular employee is called out to work for any reason other than
his/her regular shift or schedule, he/she shall be paid a minimum of four (4) hours' pay
at his/her regular rate.
16.02
If an employee reports for work on his/her regular day and was not told
previously not to report and there is no work available, he/she shall be paid a minimum
of four (4) hours' pay at his/her regular rate.
ARTICLE 17- WAGES AND CLASSIFICATIONS:
1 7.01
Classifications shall be recognized and wages shall be paid in accordance
with Schedule "B" attached hereto.
17.02
An employee temporarily assigned to work in a higher classification shall
be paid at the rate of pay normally received by the employee who is being replaced.
An employee who is being assigned to work in a lower classification shall be paid the
rate of pay for the classification from which he/she was assigned.
17.03
The wage rate for any new classification established during the life of this
Agreement shall be by mutual agreement between the Employer and the Union.
17.04
There shall be a freezer premium of fifty cents (.50¢) per hour for all
hours actually assigned and worked in the freezer regardless of shift and in addition
to any applicable shift premiums. This premium does not apply to Eimployees normally
assigned to the freezerman classification.
17.05
Fifty cents(. 50¢) per hour shall be paid in addition to the warehouse and
shunter employees' regular rate for each full scheduled hour worked between 6:00
p.m. and 7:00a.m. where the schedule calls for his/her shift to commence after 12:01
p.m. and prior to 12:00 midnight. Such premium is not considerEid to be part of the
employee's regular rate and will not apply when overtime rates are paid.
-8-
ARTICLE 18- VACATION WITH PAY:
18.01 (a)
Employees who have completed one (1) or more years of service with the
Employer, shall be entitled to two (2) weeks' vacation with pay based on
four percent (4%) of their gross earnings of the previous year.
(b)
Employees ·who have completed five (5) or more years of service with
the Employer, shall be entitled to three (3) weeks' vacation with pay
based on six percent (6%) of their gross earnings of the previous year.
(c)
Employees who have completed ten ( 1 0) years or more of service with
the Employer, shall be entitled to four (4) weeks' vacation with pay
based on eight percent (8%) of their gross earnings of the previous year.
(d)
Employees who have completed eighteen ( 18) years or more of service
with the Employer, shall be entitled to five (5) weeks of vacation with
pay based on ten percent ( 10%) of their gross earnings of the previous
year.
18.02
Vacation schedules are to be posted annually by March 1", and such
schedule shall be finalized by March 31 ". There shall be a period of one ( 1) month
after the finalized vacation schedule is posted for any necessary re··adjustments of the
schedules but after this period of one ( 1) month has elapsed, there :shall be no changes
in the vacation schedules unless by mutual agreement by the Employer and any
employee involved in the change. Such schedule shall remain posted for the duration
of the vacation year. Notwithstanding the latter provisions, management reserves the
right to schedule vacations but in so doing, preference shall be given to vacation
requests on a seniority basis subject to management's ability to maintain a sufficient
working force to handle necessary work during any such period. At no time shall a
senior employee be permitted to refuse to name his/her vacation dates to the
detriment of other employees.
18.03
A day shift employee who is entitled to up to four (4) weeks' vacation
shall be entitled to consecutive weeks of vacation provided no other day shift
employee is on vacation during the same period. Where night shift employees are
entitled to up to four (4) weeks' vacation, two (2) night shift employees may each
schedule such vacation weeks consecutively provided no other night shift employee
is on vacation. Where drivers are entitled to up to four (4) weeks' vacation, two (2)
drivers may each schedule such vacation weeks consecutively provided no other driver
is on vacation. The choices of vacation dates shall be granted to employees with
preference being in accordance with the employee's length of Sturgeon Falls Branch
bargaining unit seniority with the Employer. This article is to be construed subject to
the provisions of Article 18.02 and management rights reserved therein. Each
employee shall take his/her vacation during the vacation year in which he/she becomes
entitled.
18.04
Employees may schedule their vacation during any month of the year
provided they so indicate their choice by March 31 ". Where an employee fails to post
his/her vacation schedule by March 31 ",his/her vacation shall be scheduled by mutual
agreement between the employee and the Employer.
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ARTICLE 19 - PAID HOLIDAYS:
19.01
The following shall be considered as paid holidays:
Good Friday
Dominion Day
Labour Day
Christmas Day
New Year's Day
Victoria Day
Civic Holiday
Thanksgiving Day
Boxing Day
19.02
Regardless of what day any of the above holidays may fall on, the
employees shall be paid at their regular rate of pay when no work is performed by
them on such days, and at time and one-half ( 1 Yz) their regular rate of pay in addition
to their holiday pay if they work on any such day. Employees scheduled to work the
night shift on a designated holiday shall receive their previous shift off for the holiday
and work performed on the holiday night-shift shall be paid at re~1ular rate.
19.03
An employee shall not be paid for any of the above holidays unless he/she
works his/her regularly scheduled shift prior to and following any such holidays. An
employee who is absent due to illness on a qualifying day shall lose entitlement to
holiday pay unless a medical certificate from a duly qualified medical practitioner is
submitted to the Employer verifying a proper diagnosis indicating the employee was
not fit to work due to illness. An employee on leave of absence exceeding two (2)
weeks shall not be entitled to holiday pay.
19.04
Effective September l, 1980, either Heritage Day (if enacted) or a
Floating Holiday in lieu thereof, shall be granted to all employees. The date of such
holiday shall be by mutual agreement between the Employer and the employees
concerned. Should Heritage Day be recognized as a paid holiday, the Floating Holiday
as mentioned above shall not apply.
ARTICLE 20- BEREAVEMENT AND JURY DUTY PAY:
20.01
Up to three (3) days off with pay shall be granted to an employee for the
purpose of attending the funeral, or making necessary arrangement for the funeral of
the following:
Mother, father, sister, brother, daughter, son, husband, wife, mother-inlaw, father-in-law and step-parents, sister-in-law and brother-in-law.
One ( 1) day off with pay shall be granted to an employee for the purpose
of attending the funeral or making arrangements for the funeral of the following:
Grandparents, grandchildren, grandparents of spouse.
The employees may be granted extra days of bereavement leave, for
acceptable reasons, but such days shall be without pay. The Employer shall not be
required to make payment for any days that the bereaved employee would not have
otherwise worked.
20.02
If an employee is called to perform jury duty or as a subpoenaed crown
witness, the Employer shall pay the employee the difference between the pay received
by the employee for such jury duty and his/her regular wages, provided the employee
provides the Employer with a Certificate of the Clerk of the Court indicating the
periods served and remuneration paid.
-10-
ARTICLE 21 -DRIVERS' MEALS:
21 .01
A truck driver shall be paid a meal allowance (lunch) of six dollars and
fifty cents ($6.50) if away from the warehouse ten (10) hours in the day; such time
to be calculated from the time the driver punches in to the time hB/she returns to the
warehouse. In the event a driver is away from the warehouse fifteen (15) or more
hours in the day, he/she shall be paid an additional meal allowance of nine dollars and
twenty-five cents ($9.25).
21 .02
Truck drivers shall, on trips that require them to be away from their home
stations overnight, be paid as follows:
(a)
on the day of departure, a lunch allowance of six dollars and fifty cents
($6.50);
(b)
on the day of departure, a dinner allowance of ten dollars ($1 0.00);
(c)
on the second day of such trip, if not able to return to home station
before 11 :00 a.m., an allowance of five dollars ($5.00);
(d)
on the second day of such trip, if not able to return to home station
before 3:00p.m., an allowance of six dollars and fifty cents ($6.50);
(e)
on the second day of such trip, if not able to return to home stations
before 6:00 p.m., an allowance of nine dollars and twenty five cents
($9.25);
(f)
if an employee (driver) departs on a trip between 12:00 a.m. and 4:00
a.m. he/she shall be entitled to a breakfast allowance of five dollars
($5.00).
21 .03
On the third day of any such trip, the provisions as set out above in
21.02 shall apply.
21 .04
All payments for meals, accommodations and approved expenses are
subject to the employees submitting proper detailed receipts. Drivers shall submit
receipts to the Employer for reimbursement weekly, no later than noon Monday
following the week for which expenses are claimed, in which case, the employee shall
be reimbursed on the said Monday. Where an employee fails to submit expenses
claimed in accordance with this clause, reimbursement shall be made at the
convenience of the Employer during the week.
21 .05
Where a driver is on a scheduled over-night run, the Employer agrees to
pay up to four dollars ( $4.00) for a phone call to the driver's residence. Such phone
calls shall be charged to the driver's room or the driver's residence and not directly to
the Employer. The driver shall be reimbursed for such phone calls in accordance with
Article 21 .04.
ARTICLE 22 - BENEFITS:
22.01
The Employer agrees to contribute one hundred pereent (100%) of the
billed premium for the core Life Benefit under the current Life Insurance Plan for each
eligible employee.
-11-
22.02
Where an eligible employee elects to take the optional Life Benefit under
the current Life Insurance Plan, the employee shall pay one hundred percent ( 100%)
of the billed premium for the optional portion and the Employer shall deduct the
optional premium from the employee's wages and pay it to the carrier.
22.03
The Employer agrees to contribute one hundred percent ( 100%) of the
billed premium for the Short-Term Disability benefits under the current Short-Term
Disability plan for each eligible employee.
22.04
The Employer agrees to contribute one hundred percent (1 00%) of the
billed premium for the Core Extended Health Benefit under the current Extended Health
Plan for each eligible employee. Where an eligible employee elects to take the optional
Extended Health Benefit under the current Extended Health Plan, the employee shall
pay one hundred percent ( 100%) of the billed premium for the optional portion and the
Employer shall deduct the optional premium from the employee's wages and pay it to
the carrier.
22.05
Each eligible employee shall pay one hundred percent (1 00%) of the billed
premium for the Long-Term Disability Benefit under the current Long-Term Disability
Plan and the Employer shall deduct the premium from the employee's wages and pay
it to the carrier.
22.06
The Employer agrees to contribute one hundred percent ( 100%) of the
billed premium for the core Dental Benefit under the current Dental Plan for each
eligible employee. Where an eligible employee elects to take the optional Dental
Benefit under the current Dental Plan, the employee shall pay one hundred percent
( 100%) of the billed premium for the optional portion and the EmiPioyer shall deduct
the optional premium from the employee's wages and pay it to the carrier.
22.07
It is agreed that the benefit plans referred to in the Article are not
incorporated by reference into this Agreement and that the Employe1r may, at any time,
change carriers or plans.
22.08
Except where required by the Employment Standan.is Act, 2000, the
Employer shall not be required to pay any premium required by this Article on behalf
of any employee who is absent from work without pay for mom than thirty (30)
calendar days. However, an employee may arrange to have thEl benefit coverage
continue for a period not to exceed a total of three (3) months by arranging to pay the
Employer the full premiums required in advance.
22.09
The payment of premiums under this Article does not restrict the
Employer's right to terminate an employee in accordance with the other terms of this
Agreement.
22.10
CANADIAN COMMERCIAL WORKERS INDUSTRY PENSION PLAN
(C.C.W.I.P.P.l
Effective June 1, 1995, the Employer
Canadian Commercial Workers Industry Pension Plan
part-time employees covered by this Agreement. All
attaining seniority, become members of CCWIPP and
for future and past service.
-12-
shall be a participant in the
(CCWIPP) for all full-time and
eligible employees shall, upon
shall be entiitled to all benefits
The Employer shall contribute in respect of hours paid for time worked
and hours paid for time not worked due to vacations, public holidays, etc. (excluding
Weekly Indemnity). The maximum number of such paid hours in a week for any
employee shall be the number of hours in the basic work week pursuant to Article
15.00 of this Agreement as follows:
Effective July 1,2003
Effective January 9, 2005
Effective January 7, 2007.
sixty-five cents (.65¢) per hour worked
seventy-five cents (.75¢) per hour worked
eighty-five cents (.85¢) per hour worked
(It is understood that the above dates mean the closest pay period to the
above dates.)
Past service credits include service in all years prior to the effective date
and shall be funded in accordance with the Turnbull and Turnbull actuarial report dated
May 18, 1995.
22.11
The Company agrees that during the term of this Colllective Agreement
that there shall not be any reduction of the aforementioned pension benefits than
those that are presently in effect.
ARTICLE 23- STUDENTS, PART-TIME AND CASUAL EMPLOYEES:
23.01
The terms and conditions of employment covering students, part-time and
casual employees shall qe as set out in Schedule "C" to this Agreement.
ARTICLE 24- EMPLOYMENT OF PART-TIME AND SUMMER RELIEF EMPLOYEES:
24.01 (a)
A part-time employee shall be considered on probation and will not be
subject to the part-time seniority provisions of this A~Jreement, nor shall
his/her name be placed on the part-time seniority list until he/she has
completed one thousand (1 000) hours of employment in the bargaining
unit within any twelve (12) calendar months. Upon completion of such
probationary period, the employee's name shall be placed on the parttime seniority list and such list shall show his/her part-time hire date. A
part-time employee who was on the payroll as of November 1, 1996
shall have his/her previous service apply for part-timH seniority service.
A Summer Relief employee promoted to part-time status shall be credited
for seniority purposes a maximum of seven hundred and fifty (750)
hours. Therefore, a minimum of two hundred and fift\( (250) hours must
be worked as part-time before attaining seniority.
(b)
Except as provided otherwise in this Collective Agreement, Part-time and
Summer Relief employees are not entitled to benefits normally accorded
Full-time employees. Part-time employees who have completed the
probationary period referred to herein, shall when prCimoted to full-time
status (i.e. that of a Warehouse Person), be promoted in order of their
part-time seniority, availability and desire to become full-time. Other than
relieving for the absent employee for such absences such as leaves of
absence, sickness, vacations, injury, etc., the Employ,er shall not have in
excess of twenty-five percent (25%) of the regular hours worked in the
warehouse worked by employees classified as pa1rt-time employees
The
(excluding Summer Relief, Casual, and Student employees).
Employer shall audit the regular hours worked by Part··time employees in
early January and early April of each year and promote Part-time
-13-
employees to the position of Warehouse Person if that is required to
maintain the percentage of twenty-five (25) or less.
A Part-time employee promoted to full-time status shall be scheduled on
either the night or off-shift. In the event a full-time position is now created on the day
shift, the day shift position shall be posted in order to allow a full-time employee on
the night shift or off-shift preference for such shift.
ARTICLE 25 - BULLETIN BOARDS:
25.01
The Employer agrees to provide sufficient space to allow the Union to
post notices of Union meetings or any other activity of the Union. Such notices shall
be signed by the Chief Steward or other official of the Union and shall be submitted
to the Employer for approval prior to posting.
ARTICLE 26 - LUNCH AND COFFEE BREAKS:
26.01
The Employer shall grant to all employees a paid rest period of fifteen (15)
minutes during each half of his shift. Further, employees working shifts other than the
day shift shall be entitled to an unpaid lunch period of one-half (%) hour to be taken
as close as possible to the middle of their shift. Day shift, warehouse employees, and
truck drivers shall be allowed one-half (%) hour unpaid lunch period to be taken as
close as possible to the middle of their shift. Meal breaks are to be taken by all
employees and inside employees shall punch their time cards in and out for such
period. Truck drivers shall insert the lunch period taken daily each day on their
manifest.
ARTICLE 27- VISITS BY UNION REPRESENTATIVES:
27.01
After reporting to a member of management, full-time representatives of
the Union shall be allowed to enter the Employer's premises where the members of the
Local Union are employed to deal with administration of this Collective Agreement.
It is agreed and understood that in order to carry out his/her duties, the representative
also has the right to engage in a reasonable discussion with employees during such
visit.
ARTICLE 28 - PAY DAYS:
28.01
Employees will be paid in the same manner as non-bargaining unit
employees at this facility.
28.02
The Employer agrees that if possible the employee's pay shall be directly
deposited into the employee's bank or credit union account.
ARTICLE 29- TRANSPORTATION DEPARTMENT:
29.01
In the event that a driver loses his/her licence, he/she shall, if sufficient
work is available and he/she is qualified, be transferred to the Wc1rehouse operation,
however, such transfer shall not cause the lay-off, or reduction of hours, for any
warehouse employee. Further, such driver shall be considered as a junior employee
of the warehouse.
-14-
29.02
In the event that there is no work available on a full-time or part-time
basis for the said driver, he/she shall be considered to be on a leave of absence
(without pay) until such time as he/she is again eligible to drive and shall at such time
be returned to his/her former position with his/her full seniority standing provided
he/she becomes eligible within a period of twelve (12) months. Where a driver loses
his/her licence due to impaired driving, other than while operating an Employer truck,
he/she shall also be considered to be on a leave of absence (without pay) until such
time as he/she is eligible to drive and shall at such time be returned to his/her former
position with full seniority provided he/she becomes eligible to drive within a period
of twelve (12) months. This article shall not apply to employees convicted of impaired
driving while operating an Employer truck. For the purposes of this Article, an
employee is not eligible to drive unless approved by the Employer insurers.
ARTICLE 30 - GENERAL:
30.01
The Employer agrees to remove disciplinary warnings from an employee's
record eighteen (18) months following the date of the warning.
30.02
In the event of the closure of the Employer's operations at SYSCO
Sturgeon Falls in the Town of West Nipissing, each employee actively employed for
twelve (12) consecutive months immediately prior to closure shall be entitled to
severance pay at the rate of one (1) week's regular non- overtime wages for each year
of service. In calculating severance pay, a partial year shall be pro-rated. Payment of
severance pay pursuant to this Article shall be deemed to be a settlement of all
severance pay claims respecting the employee within the meaning of Section 40.a( 15)
of the Employment Standards Act.
30.03
EDUCATION TRAINING TRUST FUND
The Employer shall pay each month to the Northern Ontario Joint Council
Education Training Trust Fund the sum of two cents ( $0.02) per hour for each straight
time (non- premium) hour worked during each month by members of the bargaining
unit.
Such payment shall be made by separate cheque and shall be forwarded
to the Union Office with and in the same manner as the regular union dues deduction,
not later than the fifteenth (15th) day of the month following the month that the
payment is for. The cheque shall be made payable to:
"Northern Ontario Joint Council Training Trust Fund"
Nothing in this Collective Agreement, or elsewhere, is to be construed as
imposing a trust obligation upon the Employer.
-15-
ARTICLE 31 - TERM:
31 .01
This Agreement shall become effective January 12, 2004 and will remain
in effect until January 11, 2008, at which time it shall be automatically renewed,
unless either party gives notice to the other party, not more than ninety (90) days and
not less than thirty (30) days prior to the expiration date, of its desire to enter into
negotiations for the revision or renewal of all or any part of this AIJreement, and both
parties shall thereupon enter into .negotiations in good faith and make an earnest effort
to secure such a renewal.
In the event that negotiations for the renewal of this Agreement continue
past the expiry date, the provisions of this Agreement shall continue in full force and
effect until such renewal if effected or until the Conciliation procedures under the
Ontario Labour Relations Act have been exhausted.
DATED THIS
I J.f.J.J......
DAYOF
~
FOR THE UNION:
FOR THE EMPLOYEFI:
/J~uJfJ~
>
A'(BmrcOLoMBE
Bargaining Committee Member
rkl&J
-
MICHAEL DIGIACOMO
Bargaining Committee Member
G
~~
~ASTdf'?'SAVAGE
Logistics Manager
f/pw
·~~~'
ROGER LABINE--
SUE BARCOW
Director of Human R1esources
Bargaining Committee Member
JL;flL
DENIS CHARBONNEAU
Executive Assistant to the President
fJL
tl}
'2004.
g;JQ£
ROBIN W. McARTHUR
President, Northern Ontario Joint Council
-and- International Vice-President
R.W.D.S.U./U.F.C.W.
-16-
SCHEDULE
"A"
HOURS OF WORK
1.
The regular work week for employees covered by this Agreement shall consist
of forty (40) hours.
2.
DRIVERS
It is agreed that truck drivers' starting time shall be from '12:00 a.m. to 8:00
a.m. depending on the assigned run and traditional starting times for the
respective runs.
3.
Nothing in this Agreement shall be deemed to be a guarantee of hours of work
in a day or in a week. There shall be no pyramiding of overtime premium pay.
-17-
SCHEDULE
B.1
"B"
WAGES AND CLASSIFICATIONS
B.2
January 11,
2004
Fifty Cent
($0.50)
Wage
Increase
January 9,
2005
Fifty Cent
($0.50)
Wage
Increase
January B,
2006
Fifty Cent
($0.50)
Wage
Increase'
January 7,
2007
Fifty Cent
($0.50)
Wage
Increase
Warehouseman
$19.16
$19.66
$20.16
$20.66
Freezerman
$19.68
$20.18
$20.68
$21 .18
Truck Driver
$19.27
$19.77
$20.27
$20.77
Shunt Man
$19.27
$19.77
$20.27
.$20.77
NEW HIRE PROGRESSIONS
Effective the day following ratification of this Collective A!Jreement, a newly
hired employee shall (when applicable) be paid a straight timE~ hourly rate for the
classifications as determined by a percentage of the top rate as shown in
Schedule "B" for his/her classification as follows:
Start
one year
full-time service
two years
full-time service
three years
full-time service
four years
full-time service
75%
80%
85%
90%
100%
-18-
SCHEDULE"C"
Except where limitations are expressed to the contrary within this
Schedule, the provisions of this Schedule apply to Part-time, Summer Relief, Casual
and Student employees as follows:
ARTICLE 1:
Subject to the prov1s1ons of Articles 1 .02, 1.03 and 1.04 below, the
following provisions are an exclusive list where the Collective A~1reement applies to
part-time, summer relief, casual and student employees:
1 .01
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
2
3
4
5
6
7
8
9
16.01
16.02
21
24
25
26
27
28
30
31
Purpose
Human Rights
Management Rights
Union Security
No Strikes, No Lockouts
Bond Coverage
Grievance Procedure
Arbitration
Call-Out Pay
Reporting Pay
Drivers Meals
Summer Relief
Bulletin Boards
Rest Periods
Visits by Union Representatives
Pay Days
General
Term of Agreement
Notwithstanding the provisions of Article 1 .01 above, the status of a
student, casual or summer relief employee is deemed not to be a prohibited ground of
discrimination within the meaning of Article 3.01 of the Collective Agreement.
1 .02
Notwithstanding the prov1s1ons of Article 1 .01 above, the lay-off,
discharge or discipline of a probationary part-time, student or summer relief employee
is deemed to have been for just cause regardless of reason and no arbitrator or
arbitration board shall have jurisdiction to entertain a grievance filed as a result of such
action by the Employer.
1 .03
Notwithstanding the provisions of Article 1 .01 above or any other
1 .04
provision of the Collective Agreement, Article 16.01, 16.02 and Article 21 and 30 of
the Collective Agreement do not apply to students, casual or summer relief employees.
ARTICLE 2:
For the purpose of this Schedule:
(a)
Casual employees are those persons who may be hired from time to time
to assist truck drivers on trips, wash trucks, or those persons who may
occasionally perform other incidental duties. Said employees shall not
acquire benefits and shall not be counted as part-time employees when
calculating the maximum percentage of part-time employees.
-19-
(b)
Students are those persons designated as such by the Employer at the
time of hire with the term of employment specified as falling during the
school vacation periods from April 1"to September 3CI'h. Said employees
shall not acquire benefits and shall not be counted as part-time
employees when calculating the maximum percentage of part-time
employees.
(c)
Summer relief employees are those persons designated as such by the
Employer at the time of hire with the term of employment specified as
follows: April 1" to September 30'h. Said employees shall not acquire
benefits and shall not be counted as part-time employees when
calculating the maximum percentage of part-time employees.
ARTICLE 3- PART -TIME EMPLOYEES:
3.01
After a part-time employee has actually performed work, a total of one
thousand ( 1 000) hours, he/she shall be deemed to have acquired seniority for the
purpose of this Schedule and his/her name shall be placed on the seniority list as
indicated below.
3.02
A separate seniority list shall be established for part-time employees and
will be revised by the Employer at least every three (3) months. Such list will show
the employee's name and his/her regular hours worked.
3.03
Hours of work will be assigned to part-time employees according to their
part-time seniority provided the senior employee has the qualifications necessary to
fill the normal requirements of the job.
3.04
If a part-time employee refuses a work assignment on three (3) occasions
within any three (3) month period without giving a reasonable reason acceptable to the
Employer, his/her seniority rights shall cease, his/her name shall be stricken from the
seniority list and his/her employment shall be deemed to have1 been terminated
automatically by operation of this Article.
3.05
Where a part-time employee acquires seniority under Article 3.01 above,
he/she shall be entitled to bid for permanent job vacancies and newly created jobs
posted in accordance with the Collective Agreement. If a posted vacancy is not filled
by a full-time employee, the part-time employee with the greatest seniority who has
properly bid shall be awarded the job provided he/she has the qualifications necessary
to fill the normal requirements of the posted jobs.
3.06
Where a part-time employee is converted to full-time status, he/she will
be credited in the full-time bargaining unit for seniority purposes with fifty percent
(50%) of his/her part-time seniority up to a maximum of one (1) year. Such seniority
shall then apply in the full-time unit in accordance with the terms of the Collective
Agreement except the conversion shall have no retroactive effect respecting any
monetary provisions under the Collective Agreement including vacations and benefits.
3.07
Regular part-time employees will be given preference in priority to
students and summer relief, for full scheduled work weeks during the period of April
1" to September 30'h.
3.08
Seniority is the principle of granting preference to employees for
promotions, demotions, lay-off, rehiring after lay-off, and in the scheduling of and
allotment of number of hours in accordance with length of accumulated service, but
-20-
only when an employee has the qualifications necessary to fill the normal requirements
of the job. However, an employee shall not be permitted to use his/her seniority solely
for the purpose of bumping for personal reasons.
ARTICLE 4 -GENERAL:
4.01
Part-time employees covered by this schedule shall be paid on an
overtime rate of time and one-half ( 1 Yz I for all scheduled work performed in excess
of forty-four (441 hours per week.
4.02
Casual and student employees shall be paid an overtime rate of time and
one-half (1 %) for all scheduled work performed in excess of forty .. four (441 hours per
week.
ARTICLE 5:
5.01
The rates of pay for employees covered by this Schedule are as set out
in Appendix "A" to this Schedule "C".
ARTICLE 6:
6.01
Casual, Student, and Summer Relief employees shall be entitled to
vacation and paid holidays in accordance with the Employment Standards Act of
Ontario. Part-time employees with five (5) years of service or greater as of January
1" of any year shall receive vacation pay at a rate of six percent (13%1 of his previous
year's earnings.
ARTICLE 7:
7.01
Casual employees, students, summer relief and part-time employees shall
pay union dues as specified by the Union.
7.02
Casual employees shall not be entitled to any rights o1r benefits under the
Collective Agreement save and except the wage rate designated on Appendix "A" of
this Schedule.
7.03
The Employer may employ students during the school vacation periods
from April 1" to September 30'h in all warehouse operations but, except for the
provisions of this Schedule relating to students, they shall not be entitled to any rights
or benefits under the Collective Agreement save and except the wage rate designated
in Appendix "A" of this Schedule.
7.04
Casual, student, and summer relief employees shall not establish seniority
under this Collective Agreement.
7.05
Students shall be designated as such at the time of hire with their term
of employment specified in writing and a copy shall be sent to the Union.
7.06
The discipline or discharge of a casual employee at any time shall be
deemed to have been for just cause regardless of reason and no arbitrator or
arbitration board shall have jurisdiction to entertain a grievance filed by a casual
employee.
7.07
Notwithstanding the previous sentence, casual employees and students
shall not be hired at an hourly rate of pay equal to or exceeding the summer relief rate.
-21-
WAGES (APPENDIX "A"l
(a)
PART-TIME EMPLOYEES
Effective
January 11, 2004
Start
6 months
12 months
18 months
24 months
$10.33
$10.50
$10.80
$11.11
$11.74
(b)
Work performed washing trucks shall typically be performed by a casual
employee except as otherwise directed by the Employer.
(c)
PART-TIME TRUCK DRIVERS
Part-time Truck Drivers will be paid at 75% of the full-time truck driver full rate
per hour.
(d)
January 12, 2004
Start
6 months
12 months
18 months
24 months
Casual/Student
$7.25
$7.35
$7.45
$7.55
$7.65
Summer Relief
$9.42
CASUAL AND STUDENT EMPLOYEES
Casual and Student employees' wage rates shall be not IHss than ten cents
($0.1 0) per hour above the minimum wage as it may be legislated from time to
time.
-22-
LETTER OF AGREEMENT
BETWEEN:
SYSCO STURGEON FALLS
IN THE TOWN OF WEST NIPISSING
(hereinafter referred to as the "Employer")
AND
NORTHERN ONTARIO JOINT COUNCIL - of the - RETAIL,
WHOLESALE AND DEPARTMENT STORE UNION, DISTRICT
COUNCIL- of the -UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION
(hereinafter referred to as the "Union")
Whereas the Union proposed certain language in the course of collective
bargaining respecting contracting out and persons performing bargaining unit work,
and;
Whereas the Employer cannot agree that the Union's proposed language
be incorporated into the Collective Agreement and cannot guarantee no contracting
out over the life of the renewal Collective Agreement,
Now therefore the Employer gives its assurance that it does not intend
to contract out bargaining unit work in the future and will mak1e every reasonable
effort to ensure that the protection of bargaining unit work, and;
In the event that the Employer is forced to consider contracting out of
bargaining unit work, it shall first discuss the perceived requirements with the Union
in an effort to objectively minimize or eliminate the need to contract out if efficiently
and practical to do so.
It is understood that the Employer cannot guarantee that it will not
contract out in the event the circumstances that threaten the economy and efficiency
of the business and the job security of the employees in the bargaining unit.
This Letter of Agreement does not form part of the Collective and is not
to be used as a precedent in any preceding by either party.
DATED THIS
fl-r.-:/
/ txt_DAY OF
FOR THE UNION:
'2004.
FOR THE EMPLOYER::
fL(}__L_-
({b!M/
'
SUE BARLOW
Director of Human R1esources
DENIS CHARBONNEAU
Executive Assistant to the President
-23-
LETTER OF UNDERSTANDING
BETWEEN:
SYSCO STURGEON FALLS
IN THE TOWN OF WEST NIPISSING
(hereinafter referred to as the "Employer")
AND
NORTHERN ONTARIO JOINT COUNCIL - of the - RETAIL,
WHOLESALE AND DEPARTMENT STORE UNION, DISTRICT
COUNCIL- of the- UNITED FOOD AND COMMERCIAL WORKERS
INTERNATIONAL UNION
(hereinafter referred to as the "Union")
RE:
TRUCK DRIVERS:
As it is the intent of the Employer to effect their deliveries through the
use of Independent Contractors, the following shall apply to full-time truck drivers on
the payroll as of date of ratification:
1.
To remain as truck drivers until the Employer chan!~es to Independent
Contractors and such change will occur in reverse order of seniority for
those employees not wishing to become Independent Contractors.
2.
To become an Independent Contractor and for a period of one ( 1) year,
have their seniority continue to accumulate if they cease to be an
Independent Contractor and continue to be an employee now working in
the warehouse. Therefore, a truck driver who becomes an Independent
Contractor, has a period of one year to exercise his/her seniority and
work in the warehouse.
The Employer shall not effect their deliveries through the use of
Independent Contractors during the calendar year 2004 such that it effects full-time
truck drivers on the payroll as of date of ratification.
The Employer shall give at least three months' notice to the truck drivers
as well as the Union of their .intent to commence the use of Independent Contractors,
however, the Employer may commence the use of Independent Contractors at any
time to fill a vacant full-time truck driver position. With appropriate notice, the
Employer may elect to use Independent Contractors to effect the deliveries presently
being performed by part-time truck drivers.
DATED THIS
lf,ui
I 1/;d. .DAY OF
•
FOR THE UNION:
'2004 .
FOR THE EMPLOYER::
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DENIS CHARBONNEAU
Executive Assistant to the President
SUE BARLOW
Director of Human Rl3sources
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