COLLECTIVE AGREEMENT - Ontario · agency for all employees at its retail stores in Ontario, save and except Assistant Store Managers, persons above the rank of Assistant Store Manager:

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COLLECTIVE AGREEMENT BETWEEN

NORTH BRAMALEA PHARMACY

AND

UNITED FOOD & COMMERCIAL WORKERS

CANADA, LOCAL 175

TERM

FEBRUARY 1, 2018 - JANUARY 31, 2021

Contents ARTICLE 2 • MANAGEMENT RIGHTS ....................................................................... 2

ARTICLE 3 • EMPLOYEE AND UNION COOPERATION ....................................... 2

ARTICLE 4 - UNION SECURITY .................................................................................. 4

ARTICLE 5 - HOURS OF WORK ................................................................................. 5

ARTICLE 6 ·OVERTIME RATES OF PAV ................................................................. 6

ARTICLE 7- STATUTORY HOLIDAYS ...................................................................... 6

ARTICLE 8 - REST PERIODS ....................................................................................... 7

ARTICLE 9 - WAGES .................................................................................................... 7

ARTICLE 10- VACATIONS .......................................................................................... 7

ARTICLE 11 - MATERNITY/PARENTAL LEAVE ..................................................... 8

ARTICLE 12 ·JURY DUTY ............................................................................................ 8

ARTICLE 13 • NO STRIKE • NO LOCKOUT .............................................................. g

ARTICLE 14 - SENIORITY ............................................................................................ 9

ARTICLE 15 - DISCHARGE OF EMPLOYEES SUBJECT TO ARBITRATION 10

ARTICLE 16 - NOTICE AND SEVERANCE ............................................................. 10

ARTICLE 17 - BUSINESS AGENTS VISITS ............................................................ 10

ARTICLE 18 • COMPLAINTS AND GRIEVANCE PROCEDURE ........................ 10

ARTICLE 19 - CASH SHORTAGES .......................................................................... 12

ARTICLE 20 - SICK LEAVE WITH PAY .............................................................. ~ .... 13

ARTICLE 21 ·BEREAVEMENT LEAVE WITH PAY .............................................. 13

ARTICLE 22 ·LEAVE OF ABSENCE WITHOUT PAY .......................................... 13

ARTICLE 23 - DOCTORS APPOINTMENT .............................................................. 13

ARTICLE 24 • PRESCRIPTION PLAN ...................................................................... 13

ARTICLE 25 - COMPANY MEETINGS ...................................................................... 14

ARTICLE 26 - SUPPLIER'S REPRESENTATIVE ................................................... 14

ARTICLE 27 - EMPLOYEE PRIVILEGES ................................................................. 14

ARTICLE 28 - DISCIPLINARY INTERVIEWS .......................................................... 14

ARTICLE 29 • UNION DECAL .................................................................................... 14

ARTICLE 30 - HEAL TH AND SAFETY ..................................................................... 15

ARTICLE 31 ·GENERAL ............................................................................................. 15

ARTICLE 32 - EXPIRATION AND RENEWAL. ........................................................ 16

PART-TIME APPENDIX ............................................................................................... 17

ARTICLE 1 - BARGAINING AGENCY ...................................................................... 17

ARTICLE 2 - MANAGEMENT RIGHTS ..................................................................... 17

ARTICLE 3 - EMPLOYEE & UNION COOPERATION ........................................... 17

ARTICLE 4 - UNION SECURITY ................................................................................ 17

ARTICLE 5 - HOURS OF WORK ............................................................................... 17

ARTICLE 6 - OVERTIME RATES OF PAY ............................................................... 17

ARTICLE 7- STATUTORY HOLIDAYS .................................................................... 17

ARTICLE 8 - REST PERIOD ....................................................................................... 18

ARTICLE 9 - WAGES ................................................................................................... 18

ARTICLE 10 - VACATIONS ......................................................................................... 18

ARTICLE 11 - MATERNITY LEAVE .......................................................................... 18

ARTICLE 12- JURY DUTY ........................................................................................... 18

ARTICLE 13- NO STRIKE- NO LOCKOUT ............................................................ 18

ARTICLE 14 - SENIORITY ........................................................................................... 19

ARTICLE 15 - DISCHARGE OF EMPLOYEES SUBJECT TO ARBITRATION 20

ARTICLE 16 - NOTICE AND SEVERANCE ............................................................. 20

ARTICLE 17 - BUSINESS AGENTS VISITS ............................................................ 20

ARTICLE 18 - COMPLAINTS AND GRIEVANCE PROCEDURE ........................ 20

ARTICLE 19 - CASH SHORTAGES .......................................................................... 20

ARTICLE 20 - SICK LEAVE WITH PAY ................................................................... 20

ARTICLE 21 - BEREAVEMENT LEAVE WITH PAY .............................................. 20

ARTICLE 22- LEAVE OF ABSENCE WITHOUT PAY .......................................... 20

ARTICLE 23 - DOCTOR'S APPOINTMENT ............................................................. 20

ARTICLE 24 - PRESCRIPTION DRUG PLAN ......................................................... 20

ARTICLE 25 - COMPANY MEETINGS ...................................................................... 20

ARTICLE 26 - SUPPLIERS' REPRESENTATIVES ................................................ 20

ARTICLE 27 - EMPLOYEE PRIVILEGES ................................................................. 20

ARTICLE 28 - DISCIPLINARY INTERVIEWS .......................................................... 20

ARTICLE 29 - UNION DECAL .................................................................................... 21

ARTICLE 30 - HEAL TH AND SAFETY ..................................................................... 21

ARTICLE 31 - GENERAL ............................................................................................. 21

ARTICLE 32 - EXPIRATION AND RENEWAL ......................................................... 21

LETTER OF AGREEMEN.T #1 .................................................................................... 22

SCHEDULE "A" ............................................................................................................. 23

LETTER OF AGREEMENT #2 .................................................................................... 24

LETTER OF AGREEMENT #3 .................................................................................... 25

ARTICLE 1 • BARGAINING AGENCY

1.01 (a) The company recognizes the Union as the sole collective bargaining agency for all employees at its retail stores in Ontario, save and except Assistant Store Managers, persons above the rank of Assistant Store Manager: Graduate and Undergraduate Pharmacists, including

1.02 (a)

Pharmacy Interns and Apprentice Pharmacists, and Office Staff.

A person classified as a Management Trainee is a member of the bargaining unit until such time as the Company advises the Union that the trainee has successfully, or otherwise, completed his training which shall be done within one year of each trainee's commencement of employment.

The Employer may, if it so chooses, have one person designated as the Assistant Store Manager in the store. This person so designated will be excluded from the bargaining unit as per 1 .01 (a) above.

The term full-time employee or full-time employees whenever herein used shall mean employees scheduled to work a normal work week of thirty-two (32) to forty (40) hours of work.

(b) The term part-time employee or part-time employees whenever herein used, shall mean employees scheduled to work less than a normal work week of thirty-two (32) hours. Should a part-time employee's normal work week exceed thirty-one (31) hours for a period in excess of ten (10) consecutive weeks, the employee shall become full-time unless relieving for sickness, vacations, holidays or leaves of absence.

1.03 The Employer shall not enter into any agreement of contract with those employees for whom the Union has bargaining rights, either individually or collectively.

1.04 The employees of the Employer not covered by this Agreement shall not perform work normally performed by bargaining unit employees.

1.05 The Employer agrees that if the existing operations covered by this Agreement or part of them, are moved or otherwise transferred to a location outside the geographic area of the bargaining unit, this Collective Agreement shall thereupon, also be applicable at the new location, and employees who elect to move to the new location shall be compensated for all reasonable costs incurred.

1.06 The Employer will not contract out bargaining unit work.

1.07 The Company agrees that it will maintain a bargaining unit of a minimum of one (1) employee at all times.

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ARTICLE 2 - MANAGEMENT RIGHTS 2.01 The Management of the Company and the direction of the working force,

including the right to plan, direct and control store operations, to maintain the discipline and efficiency of the employees, and to require employees to obseNe reasonable Company rules and regulations, to hire, layoff or assign employees' working hours, to suspend, transfer, promote, demote, discipline and discharge employees for just cause, are to be sole right and function of the Management, provided that this right shall be exercised with due regard for the rights of the employee contained in this Collective Agreement.

2.02 The parties agree that the foregoing enumeration of Management's rights shall not be deemed to exclude other recognized functions of Management not specifically covered by this Agreement. The Company therefore retains all rights not otherwise specifically covered in this Agreement.

2.03 The Company shall be the sole judge as to the merchandise to be handled in its stores.

2.04 The Company will not discriminate against any employee on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, marital status, family status or handicap pursuant to the provisions of the Ontario Human Rights Code.

ARTICLE 3 - EMPLOYEE AND UNION COOPERATION 3.01 The employee agrees to uphold the reasonable rules and regulations of the

Company in regard to punctual and steady attendance, proper notification in case of necessary absence, conduct on the job, and other reasonable rules and regulations established by the Company.

3.02 The employees agree to cooperate with the Company in maintaining and improving safe working conditions and good housekeeping of the stores, and caring for equipment and machinery.

3.03 The Union agrees to cooperation when requested by the Company in correcting inefficiencies of the members which might necessitate discharge.

3.04 There will be no Union activity of any kind or solicitation for membership on Company premises except with the written permission of the Company or as specifically provided for in this Agreement.

3.05 The Company will recognize a Bargaining Committee to negotiate renewals of the Collective Agreement of no more than one (1) member.

The Employer shall pay one hundred percent (100%) of the wages of the Negotiating Committee for all Negotiations, including conciliation, mediation and interest arbitration.

3.06 No individual employee or group of employees shall undertake to represent the Union at meetings with the Employer without proper authorization of the Union. In order that this may be carried out, the Union will supply the Employer with the names of its Union Representative's. Similarly, the

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Employer will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

3.07 Any employee who so desires it, shall have the right to review his personnel record in the presence of the Union Steward and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. If any employee so affected objects to the material contained in such record . such objection may be made the subject matter of a grievance and be processed in accordance with the provisions of Article 7 herein. Times designated by Management will be reasonable.

3.08 (a) The Union shall have the right to appoint or otherwise select one (1) steward from amongst employees within the bargaining unit who have completed thirty (30) calendar days of employment.

(b} The Union shall notify the Employer in writing of the name of each steward and, where applicable, each Committee member, before Management shall be required to recognize any person so selected.

(c) The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer and may not leave their regular duties without notifying their immediate supervisor. Each steward shall, with the consent of their supervisor, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a steward as provided in this Collective Agreement. Such consent from the supervisor shall not be unreasonably withheld.

3.09 On commencing employment, the employee's immediate supervisor shall introduce the new employee to the Union steward who will provide the new employee with a copy of the Collective Agreement.

3.10 No Discrimination

The Employer agrees that there shall be no discrimination, interference, restriction, or coercion exercised or practiced with respect to any employee in the matter of hiring, work assignments, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, discharge, on the basis of membership in the Union, political or religious affiliation, race, creed, colour, age, handicapped, illness or injury, sexual orientation, or marital status, or national or ethnic origin. The employer also agrees to abide by applicable legislation governing any employee in the Province of Ontario.

3.11 Sexual Harassment

The Union and the Company agree that locations covered by this Collective

Agreement should be free of sexual harassment and the Company and the Union agree to co-operate with each other in preventing and eliminating sexual harassment if same should occur in the locations covered by this Collective Agreement.

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Grievances under this clause will be handled with all possible confidentiality and will commence at Step II. In settling the grievance, every effort will be made to deal with and relocate the harasser, not the victim.

ARTICLE 4 • UNION SECURITY 4.01 New employees shall apply for membership on the official Union application

form. Upon receipt of these forms from the employee, the Company agrees to forward these forms on the employee's behalf as per Article 4.02 below.

4.02 (a) (i) The Employer shall during the term of this Agreement, as a condition of employment deduct from members of the bargaining unit, the regular weekly Union dues and such Dues shall be remitted to the Union, in the format outlined in Article 4.02 (b) below, prior to the fifteenth (1 5th) of the month following the month in which such deduction is made.

(ii) The Employer shall collect membership initiation fees as may be established by the Union and forward any application forms and such fees to the Union, in the format outlined in Article 4.02 (b) below, with the regular monthly dues remittance.

(b) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in "Excel", "Quattro Pro", "Lotus", or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and will provide the following current information:

1) S.l.N. 2) Employee number if applicable. 3) Full name (last, first and initials). 4) Full address, including city and postal code. 5) Telephone number (including area code). 6) Date of hire. 7) Rate of pay. 8) Classification. 9) Full time or Part time designation. 10) Union dues deducted (or the reason a deduction was not made). If

dues are deducted weekly, report requires five (5) columns for reporting.

11) Total dues deducted. 12) Back dues owing. 13) Vacation pay breakdown of dues/dues owing. 14) Initiation fees deducted. 15) Total initiation fees deducted.

4.03 For informational purposes, the Company will include on each employee's T-4 taxation form, the total amount of Union Dues deducted during the previous taxation year.

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4.04 The Union shall hold the Company harmless with respect to all dues and initiation fees so deducted and remitted and with respect to any liability which the Company might incur as a result of such deduction and remittance.

ARTICLE 5 - HOURS OF WORK 5.01 The normal work week for full-time employees shall be five (5) days

consisting of forty (40) hours, eight (8) hours per day, or between thirty-two (32) to forty (40) hours per week with a maximum of eight (8) hours per day and five (5) days per week. An employee who is scheduled to work thirty-two (32) hours per week will be scheduled eight (8) hours per day. This paragraph is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week or of days of work per week.

5.02 The Company agrees that employees shall not work split shifts.

5.03 Full-time employees, when instructed to report to work, shall receive a minimum of five (5) hours pay. If such employees are instructed to report to work and no work is available, they shall receive a minimum of five (5) hours pay.

5.04 The Company shall endeavour to schedule full-time employees to work five consecutive days although the Union recognizes that this may not always be possible. In any event, this clause shall not apply between December 15 and January 15.

5.05 In scheduling night duty, the Company will endeavour to restrict weekly assignments of regular full-time employees to no more than two nights per week per employee if the employee is working in a store which is regularly open five nights a week or more and to no more than one night per week per employee if the employee is working in a store which is regularly open three nights a week. This clause shall not apply in December nor to any all-night store.5.06.

5.06 An Employee who is temporarily assigned in accordance with the terms of this Collective Agreement to a higher paying classification or job, shall be paid the rate and benefits for that classification or job for the times he/she performs such work. An employee who is temporarily assigned in accordance with the terms of this Collective Agreement to a lower paying classification or job, shall continue to be paid the rate and benefits of his/her regular job.

5.07 The Company agrees to schedule full-time employees off work at least one Saturday every eight (8) weeks. The Union agrees that this may not always be practical due to scheduling difficulties and operational requirements.

5.08 A work schedule shall be posted in the department on each Thursday by noon showing the scheduled working hours for each employee covered by the Agreement, for the succeeding week and no change in such schedule shall be made without advance notice or in the event of sickness, accident, bereavement, fire, flood, or other similar circumstances beyond the control of the Employer. The Union steward shall be given copies of all work schedules

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ARTICLE 6 - OVERTIME RATES OF PAY 6.01 Authorized overtime, at the rate of time and one-half (1 h) the regular hourly

rate, shall be paid for time worked at owner's request over forty (40) hours in any one (1) week or over eight hours in any one (1) day. There shall be no pyramiding of overtime payments.

6.02 Authorized overtime will be paid at the rate of time and one half (1 h) the normal rate every thirty-two (32) hours per week, or eight (8) jn one day if one Statutory Holiday is observed in any one (1) week.

6.03 Authorized overtime will be paid at the rate of time and one half (1 1/2) the normal rate over twenty-four (24) hours per week, or eight (8) hours in one (1 ) day if two (2) Statutory Holidays are observed in any one week.

ARTICLE 7- STATUTORY HOLIDAYS 7.01 There shall be eleven (11) paid holidays for regular employees during the

term of this Agreement. These holidays are as follows:

New Year's Day

Family Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Day

Boxing Day

Employee's Birthday (taken week prior of, week of, or week after at mutually agreeable time)

and all other public holidays proclaimed by Civic, Federal or Provincial Governments. In the case of a holiday proclaimed by the City or Municipality, the holiday is applicable to only those stores that are closed.

7.02 All employees regularly scheduled to work on a holiday referred in Article 7.01, will be paid a regular day's pay for such holiday whether they work or not and employees required to work shall be paid an additional amount at the rate of time and one-half hours worked.

7.03 The Company and the Union may agree in advance to exchange Good Friday for Easter Monday.

7.04 In order for an employee to receive Statutory Holiday pay, he must not have been voluntarily absent from work on the scheduled work day prior to or following such holiday.

7.05 (a) In a week in which one (1) Statutory Holiday occurs, the normal basic work week for employees shall be reduced by eight (8) hours for said holiday, or the number of working hours occurring and ordinarily observed in a day upon which the holiday occurs.

(b) In a week in which two (2) Statutory Holidays occur, the normal basic work week for employees shall be reduced by eight (8) hours for each

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7.06

holiday or the number of working hours occurring and ordinarily observed in the days upon which the holidays occur.

Holiday pay for employees will be computed on the basis of eight (8) hours for each such holiday.

ARTICLE 8 - REST PERIODS 8.01 Employees working over three (3) hours in any one (1) day shall receive one

(1) rest period with pay. Employees scheduled six (6) hours or more in any one (1) day shall receive two (2) rest periods with pay. employees scheduled nine (9) hours or more in any one (1) day shall receive three (3) rest periods. Rest periods shall be of fifteen (15) minute duration and scheduled by the Company as near as possible to the midway point of the work period. The lunch period shall be one (1) hour or less by mutual agreement without pay.

8.02 In addition to 8.01 above, Employees shall be entitled to a half (1/2) hour paid meal period after five hours of work. Such meal period to be scheduled as near to the middle of the shift as possible

ARTICLE 9 - WAGES 9.01 The minimum hourly rate of wages for all employees coming under this

Agreement shall be as per Schedule "A1t of this Agreement, provided that where an individual employee's wages are higher, such rate of wages shall not be reduced by reason of this Agreement. The rates of pay provided in Schedule "A" are minimum rates and apply to the job classification and not to the individual.

9.02 Each employee shall be provided with an itemized statement of his/her wages, overtime, and other supplementary pay and deductions and include year to date totals. Wages shall be paid bi-weekly by cheque at the workplace on Thursday for the previous two week pay period. The Employer may not make deductions from wages unless authorized by statute, court order, arbitration award or this collective agreement.

ARTICLE 10-VACATIONS 10.01 The Company will grant vacations of one (1) week at 4% of the regular rate to

all full-time employees who have been employed continuously for less than one (1) year, but more than six (6) months prior to July 1st of the year in which the vacation is to be taken. Employees who shall have completed one (1) to five (5) years of continuous service prior to July 1st of the year in which the vacation is to be taken, shall receive two (2) weeks at 4% vacation pay. Employees who shall have completed five (5) to ten (10) years of continuous service prior to July 1st of the year in which the vacation is to be taken shall receive three (3) weeks at 6% vacation pay. Employees who shall have completed ten (10) to fifteen (15) years of continuous service prior to July 1st of the year in which the vacation is to be taken shall receive four (4) weeks at 8% vacation pay. Employees who shall have completed fifteen (15) to twenty (20) years of continuous service prior to July 1st of the year in which the vacation is to be taken shall receive five (5) weeks at 10% vacation pay.

Employees who shall have completed twenty (20) to twenty five (25) years or more of continuous service prior to July 1st of the year in which the vacation

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is to be taken shall receive six (6) weeks at 12% vacation pay. Employees who shall have completed twenty five (25) years or more of continuous service prior to July 1st of the year in which the vacation is to be taken shall receive seven (7) weeks at 14% vacation pay.

10.02 Vacations shall be taken in the year in which they are due, and may not be accumulated unless mutually agreed upon.

10.03 (a) If a Statutory Holiday occurs during an employee's vacation period, an extra day's vacation shall be scheduled by the Company immediately preceding or following his vacation period.

(b) If granting an extra days vacation will hamper operations or inteffere with operations or interfere with the arrangements of vacation schedules, an extra days pay in accordance with Section 7 of this Agreement shall be given in lieu of an extra days vacation by mutual Agreement.

10.04 Management will accommodate reasonable employee requests for scheduling of vacations. In the event of a scheduling conflict, among employees, the principle of seniority will govern.

10.05 The Company will provide an employee with a separate vacation pay cheque prior to the actual vacation of the employee provided sufficient notice of a request for such a cheque is made to Payroll.

ARTICLE 11 - MATERNITY/PARENTAL LEAVE 11.01 The Company agrees to provide Maternity and Parental Leave in accordance

with the Employment Standards Act of Ontario.

11 .02 Notwithstanding Article 1 1.01 , an employee for medical reasons (mother or child) may apply for an additional leave of absence for up to seven weeks. Such request shall be accompanied by a certificate from a qualified medical practitioner.

11.03 The Employer will contribute 100% to all benefits for an employee while on maternity leave.

ARTICLE 12 -JURY DUTY 12.01 If an employee is required to serve as a juror in any court of law or is required

by subpoena to attend a court of law in connection with a case arising from the performance of his duties with the Company or is required by subpoena to act as a witness for the Crown he shall not lose his/her regular pay or benefits of such attendance provided he/she:

(a) notifies the Company immediately upon her/his notification that she/he will be required to attend court;

(b) presents proof of service requiring her/his attendance;

(c) promptly repays to the Company the amount paid to him for such service or attendance other than for his expenses.

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ARTICLE 13 - NO STRIKE - NO LOCKOUT 13.01 It is mutually agreed upon that there shall be no strikes, lockouts, stoppages

of work or slow downs during the life of this Agreement.

ARTICLE 14- SENIORITY 14.01 (a) Seniority shall be defined as length of continuous employment with the

Company in the bargaining unit. Seniority shall be effective only after an employee has completed the ninety (90) calendar day probationary period and shall be computed from the date of his first employment. New employees hired as "management trainees" subsequent to date of ratification of this agreement shall serve a ninety (90) day probationary period computed from the date of his first employment.

(b) Seniority shall be the governing factor in matters such as vacations, layoffs, promotions, reduction to part-time, rehire after lay-off and in the filling of new positions, providing the employee has the ability and willingness to perform the work as required.

(c) The Employer agrees to recognize the seniority of present employees who were employees of the previous owner (Pharma Plus Drugmarts Limited) at this location.

14.02 Seniority rights shall be terminated and an employee shall be deemed to have quit if he or she:

(a) is duly discharged by the Company;

(b) voluntarily quits or resigns or retires;

(c) has been laid off or promoted out of the bargaining unit continuously for a period of more than six (6) months;

(d) is called back to work by registered mail to his or her last known address after a layoff and does not return within ten (10) days of the date on which the registered letter of call back was mailed by the Company. The employee is responsible for advising the Personnel Office in writing of any change in his or her address;

(e) fails to return to work on the completion of an authorized leave of absence unless such failure is due to provable sickness.

14.03 The Company agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to part-time.

14.04 A part-time employee will be placed on the permanent full-time staff where his normal work week exceed thirty-one (31) hours per week for a period in excess of more than (10) consecutive weeks except if relieving for sickness, vacations, holidays or leaves of absences.

14.05 LAY-OFFS

Lay-offs - Full Time:

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Where the Company lays off staff, the following procedures will apply:

(a) Employees laid off shall have the following options:

(i) displace the least senior employee.

(ii) displace a part-time employee ..

(b) Recalls shall be in accordance with seniority.

ARTICLE 15 - DISCHARGE OF EMPLOYEES SUBJECT TO ARBITRATION 15.01 If an employee is of the opinion that there has been an improper dismissal

and same is not adjusted by mutual agreement and the Union has submitted to the Company a statement of the facts in writing signed by the employee concerned, then such dismissal may constitute a grievance to be adjusted through utilizing the procedure under the grievance and Arbitration article of th is Agreement.

15.02 It is understood that the Company may discharge an employee who has not completed his probationary period for any reason , which discharge is not to be subject of a grievance.

ARTICLE 16 - NOTICE AND SEVERANCE 16.01 In the event of a move or closure or sale of any part of the business or layoff

or termination of any employee the Company agrees to negotiate notice or pay in lieu of notice and severance pay for any affected employee. In addition the Company will notify the Employees and the Union of any such event as prescribed herein immediately.

ARTICLE 17 - BUSINESS AGENTS VISITS 17.01 The bargaining unit employees have the right, at any time, to have the

assistance of a Union Representative of the United Food and Commercial Workers Union Canada when dealing with the Employer. Such Union Representative shall have access to the Employer's entire premises during working hours to interview employees or to inspect working conditions or to generally service the membership.

ARTICLE 18 - COMPLAINTS AND GRIEVANCE PROCEDURE 18.01 COMPLAINTS

Any employee subject to this Agreement believing he has been unjustly dealt with or that any of the provisions of this Agreement have not been complied with may take up the complaint with his Store Manager orally in an effort to effect a settlement. The matter shall be taken up with the Store Manager within five (5) working days after the circumstances giving rise to the complaint have occurred,

The employee's steward may be involved at the request of the employee. The Store Manager shall respond orally to the employee within two (2) working days thereafter. If the employee wishes, he may go directly to the steps of the grievance procedure without following this complaint procedure.

18.02 Adjustment of Grievances

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18.03

18.04

18.05

Any complaint, disagreement or difference of opinion between the Company and the Union or between the Company and an employee covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, may be considered as a grievance.

Any individual grievance which is not presented within fourteen (14) days following the event giving rise to such grievance, or within fourteen (14) days of the last day worked in the case of dismissal, shall be forfeited and waived by the aggrieved party.

Either the Company or the Union may file a policy grievance concerning the interpretation, application, operation or alleged violation of the Collective Agreement on a matter arising directly between the Union and the Company. such grievances shall commence at the second step of the procedure set out below in Article 18.05. However, policy grievances shall not be used to avoid the processing of individual employee grievances in accordance with the procedure set out below in Article 18.05.

Grievance Procedure

The procedure for adjustment of a grievance by an employee, shall be as follows, at the employee's request:

STEP ONE:

By discussion between the employee, the Steward and Store Manager/Owner.

Failing a satisfactory settlement and within five (5) days thereafter, the employee may submit a written grievance to the Store Manager/Owner. Within the seven (7) days immediately following submission of the written grievance, the Store Manager/Owner shall reply in writing and failing a satisfactory settlement, then:

STEP TWO:

The Union Representative, or Representatives may take the matter up with the Store Manager/Owner. If a satisfactory settlement cannot be reach within fifteen (15) days (excluding Saturday and Sunday) the matter may then be referred to an Arbitration Board as per Section 18.06. A grievance can be submitted to Arbitration only within twenty-five (25) days from the date of the Company's Step One answer. Any unresolved grievance not submitted to Arbitration within the twenty-five (25) days shall be rendered null and void. It is agreed that under unusual circumstances, an employee may take his alleged grievance directly to the Union.

The employee shall be given a copy of the reprimands, suspensions or notice of discharge which are to be entered in the employee's personnel file.

18.06 Board of Arbitration

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If the Union and the Company Representative cannot reach an adjustment, upon request of either party, the grievance shall be submitted to a Board of Arbitration composed of one arbitrator, or if the parties cannot agree on an arbitrator, by three arbitrators selected as follows:

(a) Company and the Union shall each select one (1) member and the third-member shall be elected by mutual agreement of the two (2) members first elected. The third member shall be impartial and possess skill and knowledge of labour management relations. The third member shall act as Chairman of the Board. If agreement cannot be reached within fifteen (15) calendar days (excluding Saturdays and Sundays) in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the Minister of Labour for the Province of Ontario who shall appoint one. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration.

(b) The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation that it deems essential to a full understanding and determination of the issue involved. In reaching its decision, the Arbitration Board shall be governed by the provisions of this Agreement.

(c) The Board of Arbitration shall not be vested with the power to change, modify, or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend or involve an issue or contention by either party which is contrary to any provision of this Agreement, or which involves the determination of a subject matter not covered by or arising during the term of this Agreement.

(d) The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on all parties.

(e) It is the intention of the parties that this Article shall provide a peaceful method of adjusting grievances so that there will be no suspensions or interruption of normal operations as a result of any grievance.

(f) The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article.

(g) The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration.

ARTICLE 19 ·CASH SHORTAGES 19.01 No employee may be required to make up cash register shortages unless

heis given the privilege of checking the money and daily receipts upon starting and completing the work shift, unless the employee has exclusive access to the cash register during the work shift, except as specified below:

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19.02 No employee may be required to make up register shonages when Management exercises the right to open the register during the employee's work shift, unless the register is opened in the presence of the employee and the employee is given the opportunity to verify all withdrawals and/or deposits.

ARTICLE 20 - SICK LEAVE WITH PAY 20.01 All employees, after completion of three (3) months' continuous service, shall

be entitled to receive full pay allowance for absence on account of sickness, subject to the following rules:

The Employer agrees to pay employees for up to twelve (12) days per year of absence due to sickness. The Employer reserves the right to request a doctor's certificate. The twelve (12) days shall be granted each year and be utilized between January 1st and December 31 st of each year. The Employer will pay for any and all doctors' notes and/or documentation if requested. Any unused paid absence due to sickness may be carried over to the next year or the Employee may choose, at any time, to be paid out for any portion of any unused paid absence upon written request to the Employer.

ARTICLE 21 - BEREAVEMENT LEAVE WITH PAY 21.01 Employees shall be granted leave of absence with full pay for a period of:

(a) five (5) days - Husband, Wife, Children, Parents, Brother, Sister, Grandparents, Grandchildren and common-law spouse as defined by law;

(b) three (3) days - Parents-in-law, Brother-in-law, Sister-in-law, Son-inlaw and Daughter-in-law

(c) One (1) day - grandparents-in-law, aunt, uncle, niece, nephew.

ARTICLE 22 - LEAVE OF ABSENCE WITHOUT PAY 22.01 An employee who has completed at least one (1) year of continuous service

with the Company shall be entitled to request in writing, a leave of absence without pay at a time mutually satisfactory to both parties which may be adjacent to his vacation if sufficient notice of the request is given to the Company. Such request shall be made to the Manager or his designate. If an employee's request for a leave is denied, the Company will notify the employee in writing concerning the reasons for such denial. Such request shall not be unreasonably denied.

ARTICLE 23 - DOCTORS APPOINTMENT 23.01 Where an employee is unable to schedule her doctor's appointment on her

day off, the Company agrees to allow the employee time off from work without pay for the purpose of attending to her doctor's appointment provided the employee endeavour's to provide at least two (2) days' notice of such appointment.

ARTICLE 24 - PRESCRIPTION PLAN 24.01 The Employer agrees to reimburse the cost of prescription drugs for all

employees in the bargaining unit at cost price (zero dispensing fee) to a

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maximum of $1000.00 per year. After $1000.00 is used the Employer will provide the prescription drugs to employees at cost price (zero dispensing fee). As an alternative, if an employee chooses, the Employer will pay up to $1000.00 per year to cover the cost of a drug plan that employees wish to join; the money to be paid to the employee and the employee will pay the drug plan (to be set up as required).

ARTICLE 25 - COMPANY MEETINGS 25.01 Employees who voluntarily agree to attend Company meetings, or approved

training courses that the employee has been authorized to attend by the Company, during their off hours, will be given equivalent time off at a time mutually agreed upon between the employee and the Store Manager, within four (4) weeks of the date of the meeting.

ARTICLE 26 - SUPPLIER'S REPRESENTATIVE 26.01 It is agreed that the total bargaining unit hours in a store will not be reduced

solely as a direct result of the use of Sales Representatives.

ARTICLE 27 - EMPLOYEE PRIVILEGES 27.01 Employee privileges presently in effect but which are not specifically

mentioned in this Agreement and are not contrary to the purpose and intent of this Agreement shall continue in full force.

ARTICLE 28 - DISCIPLINARY INTERVIEWS 28.01 (a) The Employer agrees that whenever a meeting is held with an

employee where the subject matter is intended to become part of such employee's record regarding his work or conduct, a steward or designated person chosen by the employee, will be present as a witness. The employee may request that the steward or person leave the meeting.

(b) In the event a steward is not available, this condition will be brought to the attention of the employee. The meeting that becomes part of the employee's records will then be postponed until the steward is available.

If the meeting is held without the steward, any conclusions, verbal or written, will be null and void except in the cause where the employee requested the steward to leave.

28.02 Where an employee receives a written disciplinary warning and receives no further written discipline for a period of six (6) clear months from the date of the warning, or the warning is withdrawn by grievance or arbitration procedure, such warning shall be removed from the employee's record and shall not be used in any subsequent disciplinary action or arbitration proceedings.

ARTICLE 29 - UNION DECAL 29.01 The Company agrees to display the current official Union Decal of the Union

Food & Commercial Workers International Union in a location where it can be seen by customers.

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ARTICLE 30 - HEAL TH AND SAFETY 30.01 The Employer agrees to provide for a healthy and safe working environment

for its employees by at a minimum abiding by the terms and conditions of the Ontario Occupational Health and Safety Act RSO 1990.

30.02

30.03

30.04

30.05

The Union and the Employer shall cooperate in maintaining regulations which will afford adequate protection for the employees and shall abide by the Occupational.

(a) The Employer shall maintain sanitary arrangements throughout the unit, provided proper safety devices and give proper attention to the elimination of any condition of employment which is a hazard to the safety or health of the employees.

(b) Where the nature of the task assigned to an employee requires the use of special equipment or protective clothing, such equipment or clothing shall be provided by the Company, within a reasonable period after notification by the Joint Health and Safety Committee.

The Health and Safety Committee shall be established, comprised of two (2) representatives appointed by the Union, and two (2) representatives appointed by the Employer.

The Health and Safety Committee shall hold at least one (1 ) meeting per month, and all unsafe or hazardous or dangerous conditions shall be taken up and dealt with at such meetings. The minutes of all Health and Safety Committee meeting shall be kept, and copies of such Minutes shall be sent to the Union and the Employer and one (1) copy to be posted.

The Health and Safety Committee shall be notified in writing of each lost time accident or injury. The Health and Safety Committee shall investigate and report in writing, to the Union and the Employer as soon as possible on the nature and cause of the lost time accident or injury.

An employee who is injured during working hours and is required to leave for treatment of such injury, shall receive payment for the remainder of the shift at their hourly rate of pay, unless the doctor states that the employee is fit for further work on that shift.

ARTICLE 31 - GENERAL 31.01 The Employer will provide bulletin boards for the sole purpose of posting

Union notices to its members. The bulletin boards shall be located to insure it is visible to all bargaining unit employees.

31.02 Adequate rest rooms and a lunch room shall be provided and kept heated and ventilated and in a sanitary condition. The employee shall cooperate with the Employer in keeping the rest rooms in a clean and sanitary condition.

31.03 The parties agree the Employment Standards Act (Ontario) as amended by Bill 148 shall be incorporated into the collective agreement. It is understood that the greater right or benefit shall continue to prevail.

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ARTICLE 32 - EXPIRATION AND RENEWAL 32.01 This agreement shall be in force and effect from, 2018 to 2021, and until all

provisions of the Ontario Labour Relations Act have been expended.

Either Party may give the other Party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15) days of such notice being received.

The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union.

Signed by the parties this 9 day of _ _...L..A-'-'{Jr.....-.;._v ___ , 2018.

FOR THE COMPANY FOR THE UNION

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PART-TIME APPENDIX All matters relative to part-time employees and their wages and working conditions shall

be contained within this Appendix which forms part of this Collective Agreement.

ARTICLE 1 - BARGAINING AGENCY As per Article 1 of the Full-Time Agreement.

ARTICLE 2 - MANAGEMENT RIGHTS As per Article 2 of the Full-Time Agreement.

ARTICLE 3 - EMPLOYEE & UNION COOPERATION As per Article 3 of the Full-Time Agreement.

ARTICLE 4 - UNION SECURITY As per Article 4 of the Full-Time Agreement.

ARTICLE 5 - HOURS OF WORK 5.01 Part-time employees shall receive a minimum of four (4) hours pay, provided

that there are four (4) hours of work available from the time they report for work until the store is closed. No employee shall receive less than three (3) hours pay.

5.02 As per Article 5.02 of the Full-Time Agreement.



ARTICLE 6 - OVERTIME RATES OF PAY 6.01 Authorized overtime, at the rate of time and one-half (1 1/2) the regular hourly

rate, shall be paid for time worked at owner's request over thirty-one (31 ) hours in any one (1) week or over eight hours in any one (1) day. There shall be no pyramiding of overtime payments.

ARTICLE 7- STATUTORY HOLIDAYS 7.01 Part-time employees are eligible to receive holiday pay for a paid Holiday as

enumerated in Article 7.01 of the full-time agreement provided:

(a) They have worked their regularly scheduled day before and after the holiday.

(b) Part-time employees required to work on a holiday, referred to in Article 7.01 of the Full-time Agreement, shall be paid, in addition to any holiday pay, at the rate of time and one half (1 h) for such hours worked on the holiday. The payment for the holiday will be based on the total hours worked, including any paid holiday time taken and any paid bereavement leave time taken, during the four (4) weeks immediately preceding the holiday divided by the number of shifts worked. For the purpose of determining entitlement and payment calculation, where an authorized leave for vacation occurs during the

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above four weeks, the four week period will be extended by the equivalent vacation period. That four week period (preceding the Holiday) shall be used for entitlement and calculation of holiday pay.

7.02 The Company and the Union may agree in advance to exchange Good Friday for Easter Monday.

ARTICLE 8 - REST PERIOD As per Article 8 of the Full-Time Agreement.

ARTICLE 9-WAGES As per Article 9 of the Full-Time Agreement.

ARTICLE 10-VACATIONS 10.01 Employees working other than full-time shall receive vacation pay as follows:

a) Up to one year service as of June 30th - 4% of earnings;

b) Over one year as of June 30th - 4% of earnings, and two weeks;

c) Over five years as of June 30th - 6% earnings, and three weeks;

d) Over ten years to fifteen as of June 30th - 8% of earnings, and four weeks;

e) Over fifteen years to twenty as of June 30th - 10% of earnings, and five weeks;

· f) Over twenty to twenty-five years as of June 30th - 12% of earnings, and six weeks;

g) Over twenty-five years as of June 301h - 14% of earnings, and seven

10.02 Vacations shall be taken in the year in which they are due, and may not be accumulated unless mutually agreed upon.

10.03 As per Article 10.03 of the Full-time agreement.

10.04 As per Article 10.04 of the Full-time agreement.

10.05 The Company will provide an employee with a separate vacation pay cheque prior to the actual vacation of the employee provided sufficient notice of a request for such a cheque is made to Payroll.

ARTICLE 11 - MATERNITY LEAVE As per Article 11 of the Full-Time Agreement.

ARTICLE 12- JURY DUTY As per Article 12 of the Full-Time Agreement.

ARTICLE 13 - NO STRIKE- NO LOCKOUT As per Article 13 of the Full-Time Agreement.

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ARTICLE 14 - SENIORITY 14.01 (a) Seniority shall be defined as length of continuous employment with the

Company in the bargaining unit. Seniority shall be effective only after an employee has completed the ninety (90) calendar day probationary period and shall be computed from the date of his first employment.

(b) As per Article 14.01 (c) of the Full-Time Agreement.

14.02 Seniority rights shall be terminated and an employee shall be deemed to have quit if he or she:

14.03

a) is duly discharged by the Company;

b) voluntarily quits or resigns or retires;

c) has been laid off or promoted out of the bargaining unit continuously for a period of more than six (6) months;

d) is called back to work by registered mail to his or her last known address after a lay-off and does not return within ten days of the date on which the registered letter of call back was mailed by the Company. The employee is responsible for advising the Personnel Office in writing of any change in his or her address;

e) fails to return to work on the completion of an authorized leave of absence unless such failure is due to provable sickness.

a) Part-time employees reclassified to full-time shall be credited with half their part-time seniority for the purposes of calculating their full-time seniority to a maximum of 15 years.

b) For the purpose of calculating part-time seniority, when a full-time employee is transferred to a part-time position, the employee shall be credited with her length of service with the Company as a new parttime seniority date.

14.04 Scheduling

The Employer will endeavour within the exercise of its rights to accommodate reasonable part-time scheduling requests in accordance with seniority.

14.05 A part-time employee will be placed on the permanent full-time staff where his normal work week exceeds thirty-one (31 ) hours per week for a period in excess of ten (10) consecutive weeks except if relieving for sickness, vacation, holidays or leaves of absence.

14.06 Two (2) or more employees shall not be scheduled in such a manner so as to displace or prevent the hiring of regular full-time employees.

14.07 As between regular part-timers, seniority shall be the governing factor with respect to the assignment of vacations, lay-offs, and recall after lay-off providing the part-time employee has the ability and willingness to perform the work as required.

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14.08 Lay-Offs and Recall

As per Article 14.05 of the Full-Time Agreement.

ARTICLE 15 - DISCHARGE OF EMPLOYEES SUBJECT TO ARBITRATION As per Article 15 of the Full-Time Agreement.

ARTICLE 16- NOTICE AND SEVERANCE As per Article 16 of the Full-Time Agreement.

ARTICLE 17 - BUSINESS AGENTS VISITS As per Article 17 of the Full-Time Agreement.

ARTICLE 18 - COMPLAINTS AND GRIEVANCE PROCEDURE As per Article 18 of the Full-Time Agreement.

ARTICLE 19 - CASH SHORTAGES As per Article 19 of the Full-Time Agreement.

ARTICLE 20 - SICK LEAVE WITH PAY As per Article 20 of the Full-Time Agreement.

ARTICLE 21 - BEREAVEMENT LEAVE WITH PAY As per Article 21 of the Full-time Agreement.

ARTICLE 22 ·LEAVE OF ABSENCE WITHOUT PAY 22.01 A part-time employee who has completed at least one (1 ) years of

continuous part-time service with the Company shall be entitled to request in writing, a leave of absence without pay at a time mutually satisfactory for both parties which may be adjacent to his vacation if sufficient notice of the request is given to the Company. Such request shall be made to the Personnel Office. If an employee's request for leave is denied, the Company will notify the employee in writing concerning the reasons for such denial. Such request shall not be unreasonably denied.

ARTICLE 23 • DOCTOR'S APPOINTMENT As per Article 23 of the Full-Time Agreement.

ARTICLE 24 - PRESCRIPTION DRUG PLAN As per Article 24 of the Full-Time Agreement.

ARTICLE 25 ·COMPANY MEETINGS As per Article 25 of the Full-Time Agreement.

ARTICLE 26 ·SUPPLIERS' REPRESENTATIVES As per Article 26 of the Full-time Agreement.

ARTICLE 27 • EMPLOYEE PRIVILEGES As per Article 27 of the Full-time Agreement.

ARTICLE 28 • DISCIPLINARY INTERVIEWS As per Article 28 of the Full-Time Agreement

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ARTICLE 29 • UNION DECAL As per Article 29 of the Full-Time Agreement.

ARTICLE 30 • HEAL TH AND SAFETY . As per Article 30 of the Full-Time Agreement

ARTICLE 31 • GENERAL As per Article 31 of the Full-Time Agreement

ARTICLE 32 ·EXPIRATION AND RENEWAL As per Article 32 of the Full-Time Agreement

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LETTER OF AGREEMENT #1 Between

UFCW LOCAL 175

And


In view of recent changes to the Ontario Labour Relations Act, and resulting decisions thereform, and in view of the parties' history of amiable Labour Relations, the parties agree to the following:

That neither party shall raise or processed with a timeless issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to dos o.

Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board or Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relation Act in doing so.

Signed by the parties this ? day of -~A~{?_v ___ , 201 s.


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SCHEDULE "A" Wages (Full and Part Time)

Effective February 1, 2018 START 6 12 24 MONTHS MONTHS MONTHS

Management Trainees $13.26 $14.28 $16.01 $18.37 Pharmacy Assistant Cosmeticians Cashier /Clerk $12.65 $13.52 $15.09 $17.66

Effective February 1, 2019: Sixty cent per hour wage increase across the boards to all employees ·

START 6 12 24 MONTHS MONTHS MONTHS


Effective February 1, 2020: Sixty cent per hour wage increase across the boards to all employees

START 6 12 24 MONTHS MONTHS MONTHS


The Employer agrees that employees hired at a higher rate shall move to the next progression in the time frame shown.

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UFCW CANADA, LOCAL 175

And


1. The Company agrees that in the event of an organizational downsizing or any reduction of employees, that existing employees on payroll as of that date will be offered the following: a) The Company will canvass by seniority any employee who wishes to

voluntarily sever their employment and will pay seven (7) days pay for every year of service (pro-rated for part years) severance. Minimum payment will be five-hundred dollars ($500).

b) Failing enough volunteers the Company will allow employees to exercise bumping rights as per the Collective Agreement or the employee(s) may choose a layoff and (C) below shall apply.

c) Employees permanently laid off will receive seven (7) days pay for every year of service (pro-rated for part years) severance. Minimum payment will be five-hundred dollars ($500).

d) Years of service includes all part-time and full-time service.

2. Employees receiving notice as per 1 and 2 above will have seven (7) days to make their selection known to the Company in writing. Severance will be paid within two (2) weeks of written notice of this selection. Signed by the parties this day of 2015

Signed by the parties this 9 day of -~A~f_v ___ , 2018.


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UFCW CANADA, LOCAL 175

And


Re: Pay Equity Compliance

The parties agree to meet to discuss their joint obligations under the Pay Equity Act.

The union and the Employer agree to from a Pay Equity Committee to develop and/or maintain the pay equity plan for the bargaining unit.

The Pay Equity Committee shall be comprised of at least 1 representative from the Union and 1 representative from the Employer. Decisions will be made by consensus.

Following the achievement of pay equity, the Pay Equity Committee shall meet annually to review and maintain the plan.

Employees' time participating in the Pay Equity process shall be considered time worked and shall be paid for by the Employer. The Employer will make all reasonable efforts to ensure that members of the Pay Equity Committee are released form the duties to attend Committee meetings.

Should there be a dispute amongst the parties in regards to establishing a pay equity plan and/or maintaining such plan, the parties agree that the dispute can be arbitrated by either party and that an arbitrator shall have full jurisdiction to adjudicated the differences between the parties.

Signed by the parties this CJ day of AP¥ '2018.


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25

Documents

COLLECTIVE AGREEMENT - Ontario · agency for all employees at its retail stores in Ontario, save and except Assistant Store Managers, persons above the rank of Assistant Store Manager: