Collective Agreement

Between:

GOODWILL INDUSTRIES INC

&

UNIFOR & ITS LOCAL 200

John D’Agnolo Dan Cassady President Financial Secretary

Unifor Local 200 Unifor Local 200

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INDEX

ARTICLE 1 - INTENT/PURPOSE ARTICLE 2 - RECOGNITION ARTICLE 3 - MANAGEMENT RIGHTS ARTICLE 4 - UNION SECURITY AND REPRESENTATION ARTICLE 5 - NO DISCRIMINATION, HARASSMENT OR COERCION ARTICLE 6 - NO STRIKES AND NO LOCKOUTS ARTICLE 7 - GRIEVANCE PROCEDURE ARTICLE 8 - ARBITRATION ARTICLE 9 - DISCIPLINE AND DISCHARGE ARTICLE 10 - SENIORITY ARTICLE 11 - ATTENDANCE ARTICLE 12 - JOB POSTINGS, PROMOTIONS AND STAFF CHANGES ARTICLE 13 - LAYOFF AND RECALL ARTICLE 14 - VACATION ARTICLE 15 - STATUTORY/PAID HOLIDAYS ARTICLE 16 - HOURS OF WORK AND OVERTIME ARTICLE 17 - LEAVE OF ABSENCE ARTICLE 18 - HEALTH AND SAFETY

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ARTICLE 1 - INTENT/PURPOSE 1.01 It is the desire of both parties to this Agreement to work together to help people

overcome employment barriers and obtain work, thereby enhancing their dignity and independence within the community. The Union recognizes, therefore, the right of Goodwill to operate and manage its operations in accordance with its mission, vision, core values and MDS guiding principles that enhance, support and sustain it. By using the guiding principles of Goodwill’s mission, vision and core value statements, and working in a spirit of cooperation, respect and understanding with the Union, it is expected that both parties and the community will enjoy and receive maximum benefit.

1.02 Given the exceptional nature of Goodwill as outlined above, Goodwill and the Union agree to respect and recognize the uniqueness of Goodwill’s employees. Goodwill will

treat all of its employees with the utmost respect and dignity and in turn the employees will conduct themselves in the same fashion with Goodwill and its representatives.

ARTICLE 2 - RECOGNITION 2.01 Goodwill recognizes Unifor Local 200, hereinafter the Union as the sole and exclusive bargaining agent for all employees of Goodwill Industries – Essex Kent Lambton Inc. employed at its retail store located at 1643 McDougall Street, in the City of Windsor,

and its Attended Donation Centres (ie. ADCs) located at 2170 Front Road, LaSalle, 3799 Tecumseh Road East, and 298 Lauzon Road, in the City of Windsor, save and except Team Leader Coaches, Assistant Team Leader Coaches, Supervisors, persons above the rank of Supervisor, office, clerical staff, bookstore employees, and Donation Co-ordinator. For purposes of clarity: (a) Extended training clients, co-op students and volunteers are excluded from the bargaining unit.

Training clients, co-op students and volunteers not in the bargaining unit may perform work assigned to them by Goodwill with respect to the retail operation or the Attended Donation Centres whether performed by bargaining unit members or otherwise. Goodwill agrees that the performance of such work will not result in the layoff or reduction of hours of regular bargaining unit employees. Training clients, co-op students and volunteers will not bump bargaining unit members from their classifications and/or regular assignments or their assigned shifts.

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All such persons will be subject to orientation and health and safety training as set out in Goodwill Policies and Procedures. Management personnel shall not work on any jobs which are included in the bargaining unit, except under the following conditions: (i) in cases of emergencies; (ii) for purposes of training or instructing employees in the bargaining unit; or,

(iii) for purposes of assisting bargaining unit employees on an occasional basis only (e.g. Sale Days; to cover unexpected workforce shortages while Goodwill attempts to fill the shift(s); etc.).

It is further agreed that work currently shared by bargaining unit and non- bargaining unit employees is excluded from the provisions of this Article.

2.02 Definitions: (i) “Board of Directors” refers to the Board of Directors of Goodwill Industries - Essex Kent Lambton Inc.

(ii) “Management Team” is comprised of Chief Executive Officer, Human Resource

Manager, Team Leader Coach, Assistant Team Leader Coach and other Managers/Supervisors.

(iii) The term “employee” as used in this Agreement shall mean only those

employees who are included in the bargaining unit, as described in sub-article 2.01 above. For purposes of interpretation, whenever the feminine gender is used in this Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice versa, whenever the context so requires.

(iv) “full-time” employee shall work a minimum of thirty-two (32) or more hours per

week of regularly scheduled work. (v) “part-time” employee shall work less than thirty-two (32) hours per week of

regularly scheduled work. (vi) “seniority employee” shall mean an employee(s) who has completed the

probationary period prescribed in this Agreement and who has been retained in the employ of Goodwill following completion of the probationary period and who acquired seniority.

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(vii) “probationary employee” is a newly hired employee who is on probation for the first (30) working days of his/her employment within any twelve (12) consecutive month period.

It is expressly understood that time off, without pay, will not count toward the

probationary period contained herein and the probationary period will be automatically extended by any such time off without pay. Such time may be extended by mutual consent of the parties.

During the probationary period, the employee shall be subject to the terms of

this Agreement except that the discipline, dismissal, layoff or failure to recall after layoff of any probationary employee shall not be the subject of a grievance and may be for any reason, except prohibited grounds of discrimination as outlined in the Human Rights Code of Ontario. Goodwill agrees to advise the Union of the reason for any such discipline and or termination of any probationary employee.

Notwithstanding all of the above, all mandatory training and orientation must be

completed by the employee in order to successfully complete the probationary periods. Goodwill agrees that all training and orientation for probationary employees will be completed within (2) weeks of their being hired.

(viii) “volunteer” an individual who provides services for Goodwill without

compensation and/or remuneration. Goodwill and the Union recognize that volunteers are a valuable and essential resource to its operations. Volunteers are not included in the bargaining unit and this Agreement does not apply to volunteers. It is understood that volunteers shall not replace bargaining unit employees except in cases of emergency, or in circumstances mutually agreed upon by the parties. Volunteers are governed by the Goodwill Volunteer Program protocol and as such are not employees covered by any of the terms and conditions of this Collective Agreement.

(ix) “subsidized employee” is employed by Goodwill pursuant to a special federal, or

provincial, or municipal government and/or donor funded programs for a fixed term. Such government subsidized employees are not covered by any of the terms and conditions of this Collective Agreement.

2.03 (a) Unless otherwise expressly specified, the term “employee” or “employees” in

this Agreement shall mean only those employees of Goodwill covered by the provisions of this Agreement as defined in sub-article 2.02. Unless otherwise expressly specified, the terms of this Agreement shall apply to all full-time and part-time employees as defined in sub-article 2.02.

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ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Union acknowledges that it is the exclusive function of Goodwill to operate, supervise

and manage its business operations, in all respects, in accordance with its Mission Statement, vision, core values, MDS Training System and Guiding Principles and its commitments and responsibilities, to direct its workforce and, without limiting the generality of the foregoing, to: (a) maintain order, discipline, efficiency, safety and quality; (b) hire, classify, promote, demote, transfer, layoff and recall employees; (c) suspend, discipline and discharge employees, provided that a claim by an

employee who has completed his or her probationary period as defined herein, that he/she has been discharged or otherwise disciplined without just cause may be the subject of a grievance and dealt with in accordance with the grievance procedure hereinafter provided;

(d) make, alter and enforce Rules, Regulations and Policies to be observed by the

employees. Goodwill will supply the Union and each employee upon request with up-to-date copy of the Rules, Regulations and Policies. Such Rules, Regulations and Policies, and any changes made thereto from time-to-time by Goodwill, shall be first communicated to the Union and thereafter to the employees without reasonable delay;

(e) determine, in the interests of efficient operations and highest standards of

service, the nature and kinds of business conducted by Goodwill, work assignments, the control of materials and parts, the quality and quantity of production, the methods and techniques or work, the schedules of production, the number of employees to be employed, the classifications and the content of the jobs, the scheduling of employees including the scheduling of shifts, the extensions, limitations, curtailment or cessation of operations or any part thereof, and to determine and exercise all other functions and prerogatives which shall remain solely with Goodwill except as specifically limited by the express provisions of this Agreement.

Goodwill agrees, however, that when there are changes to shifts that affect the

bargaining unit members, they will advise the Union of the proposed changes with the intent of minimizing any potential negative effects on those members, to the extent possible. It is further agreed that any curtailment or cessation of any operations covered in the CBA will require Goodwill to immediately notify the Union upon the determination of any such curtailment or cessation and thereafter to the employees without reasonable delay.

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(f) give special consideration and vocational support services to referred clients, client workers and other persons with disabilities and/or disadvantages who may be involved in any of Goodwill’s programs. The prime purpose will always be to provide the best possible training so that the individual will become as self-reliant as possible, and reach their maximum potential. Success will be measured by achieving the goals outlined in the individual’s Vocational Plan which could include placement in a community employment setting, other desirable job match, or further assessment and skills upgrading.

(g) to provide occasional unpaid assessment services for other social service agencies

and utilize volunteers as a vital component of Goodwill’s diversified programs to assist Goodwill in meeting its mission objectives.

3.02 The Employer agrees that these rights shall not be exercised in a manner inconsistent with the express provisions of this Agreement. 3.03 All matters concerning the management and operation of Goodwill which are not dealt

within this Agreement, shall be reserved exclusively to Goodwill. Failure by Goodwill to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights.

3.04 Without restricting or limiting the generality of the foregoing, Goodwill retains all its rights not specifically relinquished or modified by express terms of this Agreement. ARTICLE 4 - UNION SECURITY AND REPRESENTATION 4.01 As a condition of employment, any employee of Goodwill covered by this Agreement shall

become and remain a member in good standing of the Union upon completion of the probationary period prescribed herein.

4.02 Union Dues: (a) As a condition of employment, Goodwill will deduct from each employee covered

by this Agreement an amount equal to the regularly monthly Union Dues designated by the Union. Such dues shall be deducted from each pay for employees;

(b) The amount of the regular monthly dues shall be those authorized by the Union

and the Union shall notify Goodwill of any changes therein and such notification shall be Goodwill’s conclusive authority to make the deductions specified;

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(c) Goodwill agrees to forward a list of dues deductions in an electronic format provided by the Union showing the names, current addresses, telephone numbers, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made;

(d) In consideration of the deducting of Union Dues by Goodwill, the Union agrees to

indemnify and save harmless Goodwill against any claims or liabilities arising or resulting from the operation of this Article;

(e) Monthly deductions shall be made and forwarded to the Secretary Treasurer of

the Local Union on or before the 15th day of the month following which the deductions are made.

(f) Without restricting or limiting the generality of the foregoing, the Union retains

all its rights not specifically relinquished or modified by express terms of this Agreement.

4.03 Union Business During Working Hours:

It is agreed that the Union and the employees will not engage in Union activities during working hours or hold meetings at any time on the premises of Goodwill without the pior written permission of either the HR Manager or his/her designate or except where otherwise provided for in this Agreement.

4.04 Union Representation:

(a) Goodwill acknowledges the right of the Union to appoint or otherwise select a Bargaining Committee of not more than three (3) bargaining unit employees who have completed their probationary period and will recognize and deal with said Committee with respect to negotiations for renewal of this Agreement. Goodwill will recognize and meet with said Committee on any matter properly arising from time-to-time during the continuance of the Agreement. The Union will advise Goodwill of such Committee persons in writing.

In the event that the Union appoints alternates for all such Committee

persons/Chairperson, Goodwill will be advised in writing of such appointments as soon as is practicable.

The Union will elect or otherwise appoint one (1) Chairperson and five (5)

Committee persons as follows: ADC – one (1) Committee person per ADC Retail/Production – two (2) Committee persons and one (1) Chairperson

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Retail/Production or ADC – one (1) Committee person who shall only function in the absence of a regular Chairperson/Committee person.

(b) The Union acknowledges that the Chairperson/Committee persons have regular

duties to perform on behalf of Goodwill. In accordance with this acknowledgement, Chairperson/Committee persons shall not absent themselves from their work without first obtaining the permission of their Team Leader Coach. The Chairperson/Committee person or his/her designate shall, with the consent of their Team Leader Coach, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a Chairperson/Committee person as provided in this Collective Agreement. Such consent from the Team Leader Coach shall not be unreasonably withheld unless business needs are not being met, and the Retail Store only in no circumstances will the permission be withheld for longer than two (2) hours after notifying the Team Leader Coach. The Union agrees that with the limited resources that are available at the ADCs, there will not be any instances where the Committee person will shut down operations to attend Union Business. It is further agreed by both parties that should circumstances arise that require immediate attention, the Local Union will be allowed to attend these issues upon providing advance notice to Goodwill.

(c) Goodwill shall not be liable for the pay of any Committee person or for any other

member of any Union Committee provided for herein or for any employee represented by the Union when such person is absent from work in the preparation for and attendance at arbitration hearings or Collective Agreement negotiations.

4.05 In case of layoff, the Chairperson will be retained at work, notwithstanding their position

on the seniority list so long as work is available which they are able to satisfactorily perform.

4.06 Goodwill agrees to add the President of the Local Union to a mailing list, whereby he/she

will receive copies of notices of appointments or personnel to the positions of supervisor, manager or other person with authority who may have jurisdiction over members of the Union.

4.07 The President of the Local Union will be supplied on a monthly basis with written

Information listing new hires, including, discharge, resignations, layoffs, recalls, changes in classification/position, and transfers of employees covered by this Agreement. Said information shall be provided no later than the 15th of any month. Updated address, names and telephone numbers every three (3) months.

4.08 Goodwill agrees to provide a private space with the use of a desk and use of a phone for

Union Business as may be required. In circumstances whereby complete privacy is

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required, Goodwill will provide an office if needed. The Union agrees to supply the Union Committee with computers for Union business only and Goodwill agrees to supply email access for all members of the Union committee/s

ARTICLE 5 - NO DISCRIMINATION, HARASSMENT OR COERCION 5.01 Goodwill and the Union agree that there shall be no discrimination, coercion,

interference, restriction exercised or practiced against any employee in regard to training, upgrading, promotion, transfer, discharge, layoff, recall or other work condition because of race, creed, colour, sex, national origin, political or religious affiliation, disability, sexual orientation, marital status nor by reason of Union membership or activity. Goodwill also agrees there shall be no discrimination against any employee pursuant to the provisions of the Ontario Human Rights Code and Goodwill’s own Workplace Harassment and Violence Policies. Goodwill agrees to train all of its employees with respect to workplace harassment and violence.

5.02 Goodwill and the Union agree to abide by the provisions of the Ontario Human Rights

Code and the internal Policies of Goodwill referable to the prevention of harassment and discrimination in the workplace.

5.03 Goodwill and the Union agree that there will be no discrimination, interference,

restrictions or coercions exercised or practiced by either party hereto or by any representative of either party with respect to any employee because of his/her membership or non-membership in the Union or because an employee holds a position with the Union.

The Union, its members and/or agents, shall not intimate or coerce or attempt to

intimidate or coerce employees into membership and shall not, on Company time or premises, conduct or attempt to conduct Union activity except has herein expressly provided.

ARTICLE 6 - NO STRIKES AND NO LOCKOUTS 6.01 In view of the orderly procedures established by this Agreement for the settling of

disputes and the handling of grievances, the Union agrees that there will be no strike and Goodwill agrees that there will be no lockout during the term of the Agreement. The terms “strike” and “lockout” shall have the meaning ascribed to them in the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A.

6.02 The Union agrees that there will be no other collective action which will stop or interfere

with the services of Goodwill during the term of this Agreement.

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ARTICLE 7 - GRIEVANCE PROCEDURE 7:01 (a) The parties to this Agreement are agreed that it is of the utmost importance to address, adjust and resolve complaints and grievances as quickly as possible. (b) A grievance as used in this Agreement, shall be defined as any difference or dispute arising out of the interpretation, application, administration, or alleged

violation of the Collective Agreement. 7:02 A grievance must be filed within seven (7) working days from the time of the occurrence

or where the employee became aware or ought reasonably to have become aware of the occurrence.

7:03 It is understood that prior to a grievance being submitted, the affected employee, with

the presence of the Chairperson/Committeeperson, if desired, and/or the Union shall discuss the complaint with the employee’s Team Leader Coach or Assistant Team Leader Coach, who shall have an opportunity to adjust the complaint. The parties agree that reasonable efforts ought to be made to resolve complaints informally before resorting to the formal grievance procedure. Failing resolution with the employee’s Team Leader Coach or Assistant Team Leader Coach the employee may file a grievance in accordance with Article 7 of this Collective Agreement.

7:04 Grievances properly arising under this Agreement shall be processed as follows: Step 1 An employee having a grievance shall, be assisted by his/her Chairperson/Committee

person, submit the grievance in writing and duly signed by the employee to the Human Resource Manager or his/her designate, within seven (7) working days following the day upon which the circumstances giving rise to his or her grievance occurs, or notice therefore first comes to his/her attention. The Human Resource Manager or his/her designate shall render his/her decision within seven (7) working days next following the receipt of the grievance and deliver a copy of the decision to the employee and the Chairperson/Committee person. Step 2 If the decision of the Human Resource Manager is not acceptable to the Union, the written decision of the Human Resource Manager may be appealed in writing by the Union to the Chief Executive Officer, and/or his or her designate, within four (4) working days of the date of receipt thereof by the Chairperson/Committee person. The Chief Executive Officer or his/her designate will thereafter arrange a meeting with the employee and The Local Union President and or the Chairperson/Committee person to consider the appeal and attempt a resolve.

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This meeting shall take place within ten (10) working days from the date the Chief Executive Officer or his/her designate receive the written appeal. The Chief Executive Officer or his/her designate will render a decision in writing within ten (10) working days after the meeting. Step 3 If final settlement of the grievance is not reached at Step 2 of the grievance procedure, the grievance may be referred in writing to an Arbitrator as provided in Article 8 below at any time within thirty (30) calendar days after receipt of the Step 2 decision rendered by the Chief Executive Officer or his/her designate. If no such written request for arbitration is received within the time limit identified herein, then the grievance shall be deemed to have been abandoned. “Working days” for the purposes of this Agreement shall mean all days excluding statutory or declared holidays.

7.05 Discharge/Suspension Grievance: Notwithstanding the provisions of Article 7.02 and 7.03, any grievance which alleges the

improper discharge or suspension of an employee shall be commenced at Step 2 within seven (7) working days after the employee has been notified of his/her discharge or suspension. The discipline or discharge of an employee who has not successfully completed his/her probationary period shall not be the subject matter of any grievance or arbitration under this agreement.

7.06 Group Grievance: When a number of employees have similar complaints or grievances, they may present a

group complaint or group grievance to their Team Leader Coach or Assistant Team Leader Coach under the grievance and arbitration procedures herein. The grievors shall select one of the grievors to represent them at any or all stages of the grievance and/or arbitration procedures.

7.07 Policy Grievance: Either party to the Agreement may lodge a grievance, in writing, with the other party

about any complaint or difference regarding employment relations, working conditions or any subject which relates to the interpretation or administration of this Agreement within seven (7) working days of the circumstances giving rise to the grievance or when the grieving party should have reasonably become aware of the circumstances. Such grievances shall commence at Step 2 of the grievance procedure and shall be carried through the grievance and arbitration procedures, as outlined in the Collective Agreement.

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7.08 Any step of the grievance procedure may be waived by mutal agreement, in writing, between the Union and Goodwill.

7.09 Agreements arrived at between Goodwill and the Union concerning the disposition of any

specific individual, group or policy grievance shall be reduced in writing and shall be final and binding upon Goodwill, the Union and the employees(s) concerned.

7.10 The parties shall have the right, by mutual written agreement, to change anytime limit

set forth in either the grievance procedure within this Article, or the arbitration procedure in Article 8.

7.11 If Goodwill of the Union fails to meet the time limits set out in the Article and in the

arbitration Article 8, the grievance shall be deemed to have been abandoned. ARTICLE 8 - ARBITRATION 8:01 (a) Any party to a grievance which has not been resolved under the grievance

procedure in Step 3 of Article 7 above, may refer the dispute to a mutually agreed to Arbitrator, after exhausting the grievance procedure established in this Agreement, provided written notice of the party’s intention to refer the dispute to an Arbitrator is given to the other party within ten (10) working days after the Human Resource Manager’s decision from Step 2 of the grievance procedure is received.

(b) If no notice is given in accordance with the time limit prescribed herein, the grievance will be deemed to have been abandoned.

(c) The grievor shall, in his or her Notice of Intent to Proceed to Arbitration, suggest three (3) names to serve as Arbitrator. The opposing party shall respond within ten (10) working days, either agreeing to the proposed Arbitrator or suggesting alternative Arbitrators. If the parties cannot agree on an Arbitrator within ten (10) working days, either party may request the Minister of Labour to appoint a single Arbitrator.

8:02 The decision of the Arbitrator shall be final and binding upon Goodwill and the Union and

upon every employee within the bargaining unit affected by the decision. The Arbitrator shall not alter, add to, subtract from, modify or amend any part of this Agreement.

8:03 The expense, if any, of any of the Arbitrator shall be divided equally between Goodwill

and the Union and shall be paid by them. 8:04 The parties shall have the right, by mutual written agreement, to change any time limit

set forth in the above procedure.

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8:05 If Goodwill or the Union fails to meet the time limits set out in this Article and the grievance Article 8, the grievance shall be deemed to have been abandoned.

ARTICLE 9 - DISCIPLINE AND DISCHARGE 9:01 In determining appropriate discipline, the severity of an employee’s conduct, the nature

of the violation, the employee’s disciplinary record, and any other relevant factors may all be considered. The parties agree to always subscribe to the principle that discipline if required is meant to be corrective and not punitive.

The disciplinary action imposed by Goodwill may be any one of a number of options used

to address and/or correct misconduct, violations, unacceptable behavior or actions and/or the quality of the employee’s work, including, but not limited to verbal warnings/counselling; written warnings; demotions; suspensions; and, termination for cause.

A claim by an employee who has successfully completed the probationary period

prescribed herein that he/she has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Human Resource Manager or his/her designate, at Step 2 of the grievance procedure within seven (7) working days after the employee ceases working for Goodwill.

9:02 (a) Goodwill 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 Chairperson/Committee person will be present as a witness if requested by the employee.

(b) In the event an employee requests a Chairperson/Committee person and one is

not available, the meeting will then be postponed until a Chairperson/Committee person or the business agent from the Union is available. In no case shall postponement be for a period of more than one (1) week, unless Goodwill and the Union agree otherwise, in writing.

(c) Any and/or all discipline must be recorded in the employee’s personnel file. A

copy of any/all disciplinary action shall be signed by both the employee and Goodwill and a copy will be forwarded to the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the disciplinary form and initialed by a Union Representative. Discipline will remain on an employee’s record for a period of one year from the date the discipline was imposed.

(d) It is understood and agreed that the right to Union Representation shall not be

exercised during the usual or routine non-disciplinary discussions between management and members of the bargaining unit.

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9:03 A probationary employee may be disciplined or discharged by Goodwill at any time during the probationary period as provided in Article 2.02(vii) of this Agreement, for any reason, save and except prohibited grounds of discrimination as outlined in the Human Rights Code of Ontario, and such reason shall conclusively be deemed to constitute just cause for such discipline or discharge. Any such discipline or discharge so imposed, shall not be subject to the grievance and/or arbitration proceedings outlined in this Collective Agreement.

9:04 Goodwill may conduct spot checks of employees for security purposes when entering or

leaving their work areas, initiate vehicle surveillance programs or other appropriate security measures to protect property, equipment or customer goods at any of their locations. It is agreed that progressive discipline may be applied for minor offences and up to immediate termination for theft or serious misappropriation of property or merchandise. Goodwill agrees to notify all employees that they are under surveillance and will identify to all employees and the Union of the location of all surveillance equipment. Goodwill agrees that there will be no surveillance in the employees break or lunchrooms. Goodwill will ensure that the office or private space provided to the Union to conduct Union business will not be impeded by any surveillance equipment.

9:05 Discipline may also be applied where an employee refuses to submit to a security check

or fails to use the designated exit for their work area after receiving at least one verbal warning. It is also understood that clear written permission signed by a member of the management staff for Goodwill must be obtained by the employee in order remove any article from the premises.

All security checks will be done in the presence of a Chairperson/Committee person on

shift or another unionized employee. In no circumstances will security checks be performed on a person’s body.

ARTICLE 10 - SENIORITY 10:01 (a) For the purposes of this Agreement, seniority shall be defined as the length of

continuous service as an employee in the employ of Goodwill who has completed his/her probationary period and is in a position included within the bargaining unit starting from the date of hire. It is understood that for the purposes of seniority, employees normally employed as full-time as defined in this Agreement and those employees normally employed as part-time as defined in this agreement shall use seniority rights as defined in 10.01 (a) for the purposes of lay-off and recall and any other benefits that they may be entitled to by their seniority. It is further understood that for the purposes of seniority the Retail Store will maintain a separate seniority list comprising of all employees at the retail store.

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The three ADC’s that are currently covered in the Collective Agreement will maintain a separate seniority list of employees who work at the ADC’s.

(b) The recognized classifications/positions of employment are as follows: (I) Retire Store - 1643 McDougall Street Store (a) The Retail Classifications (Front) shall have the following position/s

- Cashier - Roller/Puller, Sales Associate, Loss and Prevention

(b) The Production Classification (Back) shall have the following position/s

- Hang/Sort - Wares - Accessories, Jewellery, Books/Media, Shoes - Electronics and Mechanical - Donor Greet/Recycler Furniture - Cleaner - Roller/Puller, Sales Associate, Loss and Prevention

** Clarity Note: It is understood that these general functions/duties may be assigned to employees regardless of the department and/or classification in which

they normally work, for the purpose of ensuring the efficiencies of Goodwill’s operations and equalizing schedules.

(II) The Attended Donation Centres shall have its own recognized classification with the following positions: (a) 2170 Front Road LaSalle Attended Donation Centre

• ADC/Donor Greeter (b) 3799 Tecumseh Road East Windsor Attended Donation Centre

• ADC/Doner Greeter

(c) 298 Lauzon Road Windsor Attended Donation Centre

• ADC/Donor Greeter

(c) For purposes of seniority, overtime hours shall not be counted.

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(d) The names of all employees hired on the same date will be put into a lottery and the employees’ names will be drawn by the HR Manager with the Chairperson/Committee person present, to determine their placement on the existing seniority list as at the time of the ratification of this first Collective Agreement. Thereafter, the names of all future employees hired at Goodwill on the same date will be put into a lottery and the employees’ names will be drawn by the HR Manager to determine their placement on the seniority list.

10.02 After the successful completion of the probationary periods, the employee’s seniority shall date back to his/her date of hire. 10.03 A revised and current seniority list shall be posted upon ratification of the Agreement and

monthly thereafter. A copy of the list will be posted in the store, and provided to the Union.

10.04 Loss of Seniority Seniority shall be lost and an employee shall be deemed to have terminated his/her

employment if: (a) The employee quits; (b) The employee is discharged and not reinstated through the grievance or arbitration procedures set forth in this Agreement; (c) The employee retires; (d) The employee is absent from work for three (3) or more consecutive work days

without permission or notice to Goodwill and without a satisfactory reason. Goodwill may request satisfactory proof of such reason, as it deems appropriate in the circumstances but in all cases only as allowed by the Employment Standards Act, 2000.

(e) In the case of a layoff, an employee is laid-off for more than eighteen (18) months;

(f) The employee has been laid-off and fails to return to work within five (5) calendar days after notification to do so has been sent to him/her by registered mail or personal delivery, to the last address on record with Goodwill, or by direct personal contact with the employee. It is the obligation of the employee to maintain on record with Goodwill and address at which registered mail can be received by him/her on his/her behalf at all times;

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(g) The employee fails to report for work at the expiration of an authorized leave of absence unless a satisfactory reason is given, or the employee uses a leave of absence for a purpose other than that for which it was granted;

(h) The employee is absent due to illness or injury for a period in excess of thirty-six

(36) months. It is understood that this provision is subject to any applicable Human Rights or WSIB legislation/Regulations regarding reinstatement.

10.05 Seniority – Transfers to Position Outside the Bargaining Unit No employee shall be transferred outside the bargaining unit without their consent.

An employee who transfers to a position outside the bargaining unit and returns to a position within the bargaining unit within twelve (12) consecutive months, shall not be credited with seniority for the period of time spent outside the bargaining unit, but shall retain the seniority they possessed at the time of transfer from the bargaining unit. It is understood and agreed that such employee shall not be able to transfer into a bargaining unit position after twelve (12) consecutive months nor displace any other bargaining unit member by transferring back to the bargaining unit within the aforementioned time period, and all seniority formally acquired by the employee in the bargaining unit shall be lost.

ARTICLE 11 - ATTENDANCE 11.01 All employees have a contractual responsibility to attend work in an orderly and regular

manner. All employees are required to report for work daily, at the appropriate scheduled time, to begin work at the start of their shift and remain at work until the completion of same.

11.02 While it is considered that an occasional, unscheduled absence may be necessary due to

Illness or injury beyond the control of the employee, a doctor’s certificate, shall be presented to the Team Leader Coach or Assistant Team Leader Coach when an employee returns to work after an illness or injury exceeding three (3) or more consecutive work days. This does not prohibit Goodwill from requiring a doctor’s certificate as per ESA in instances of absences of less than three (3) consecutive days. The medical documentation must be from a qualified physician and must confirm that the employee has fully recovered, and is able to perform his/her regular job duties. Goodwill understands the importance of maintaining confidentiality and confirms its requirement under appropriate/applicable Act’s, Laws and legislation to maintain confidentiality in all aspects of employee related issues including medical and non-medical matters.

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ARTICLE 12 - JOB POSTINGS, PROMOTIONS AND STAFF CHANGES Classifications and Positions 12.00 For the purpose of the first Collective Agreement, employees will remain in the

classification and position that they have been scheduled in by Goodwill. For the purposes of scheduling hours and to maintain flexibility, Goodwill may assign employees to another position within their classification regardless of their seniority standing. It is agreed that this flexibility will not be abused and that at no time can this movement of employees to different positions within their classifications be used to reduce the hours of work of an employee.

12.01 (a) Permanent Vacancy

When a permanent vacancy or a new job at a location within the bargaining unit occurs, Goodwill will, if it decides to fill the vacancy, post notice of the vacancy in all locations at the same time, for a period of four (4) consecutive working days. Such posting will identify the classification, position, normal hours of work and rate of pay. It is understood that if Goodwill decides not to fill the vacancy immediately and then subsequently decides that there is a need to fill the vacancy, they will post the job as per this article.

(b) It is understood that Goodwill will award the permanent vacancy position

to the employee with the highest seniority in the location where the vacancy first arose. In the event that no applicants from the location apply for the posting, then Goodwill will award the position to the employee with the highest seniority from a location within the bargaining unit other than where the vacancy arose.

(c) Probationary employees will only be considered eligible for a posted

position when no member of the bargaining unit has qualified or applied for the posted position, and provided that the probationary employee has the ability and qualifications to satisfactorily perform the work required.

(d) The parties agree that once a position is filled internally by a job bid, there

will only be one subsequent posting to backfill the open position created by the internal movement of an employee to a vacant or new position. The same rules for the posting of the job and awarding of the secondary opening as stated in this article will apply. Positions that are open because of the secondary opening and subsequent movement will be filled externally by Goodwill.

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(e) In the event that there are no internal applications or no successful internal applicants for a posted position, Goodwill shall be entitled to post the position externally and fill it in such a manner as it sees fit.

(f) The successful internal applicant shall be allowed a thirty (30) working day

trial period, during which time his or her suitability for continuing in the job will be assessed by Goodwill. Goodwill agrees to train the transferred and/or newly hired employee within two (2) weeks of their transfer and/or hire date. Conditional on satisfactory performance, as determined by Goodwill, the employee shall be declared permanent after the thirty (30) working day trial period. In the event the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable or unwilling to continue to perform the duties of the new job position, he/she shall be returned to his/her former position, wage or salary rate, without loss of seniority. Any other employee promoted or transferred because of the re-arrangement of positions shall also be returned to his/her former position, wage or salary rate, without loss of seniority.

12.02 Temporary Vacancy

If an employee is required to be moved from their classification to another classification, Goodwill will move the lowest seniority member of the affected classification or a more senior employee who volunteers to move, who is able to perform the work in the other classification. It is understood that the above provision is for circumstances whereby coverage in another department is required for more than five (5) days.

For instances where there is a temporary need (i.e. five (5) days or less) to move an employee from their own classification to another classification, Goodwill may move any employee regardless of seniority in the classification, provided they are capable and willing and provided that such temporary move will not reduce the hours of work of the affected employee and will not cause a change in the scheduled shift of the affected employee.

ARTICLE 13 - LAYOFF AND RECALL

13.01 A layoff shall be defined as a reduction of more than fifty (50%) percent of the employee’s regularly scheduled hours averaged hours averaged over two (2) pay periods.

13.02 In the event of a layoff as defined in the Agreement, or a recall, employees shall be laid

off, retained or recalled to work on the basis of their seniority. Goodwill agrees to train employees retained at work by their seniority.

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13.03 Goodwill agrees to provide proper notice in the event of a proposed layoff and agrees to notify the Union of any reduction of hours of a permanent or long-term nature which affects or could affect the bargaining unit.

13.04 Layoff Procedures

In the event of a layoff as defined in the Agreement, the following procedures shall apply:

(a) The job classification/position and status (full-time or part-time), within which the layoff is to occur, will be identified by Goodwill;

(b) All probationary employees shall be laid off first;

(c) Thereafter, affected employee(s) shall be laid off in inverse order of seniority.

(d) An employee who has been identified for layoff or who has been displaced as a

result of a layoff shall be provided the following options, which must be exercised by notifying the H.R. Manager in writing within five (5) calendar days from notice of layoff or displacement:

Option #1: Any employee who has been laid-off or displaced shall be entitled to displace an employee with less seniority, provided the employee has the skill, ability and qualifications to perform the available work.

The displaced employee also has the right to displace a less senior employee, provided the employee has the skill, ability and qualifications to perform the available work.

Goodwill agrees to provide a three (3) day familiarization period to an affected displaced employee in order to assess job suitability for that displaced employee.

The employee will be paid the wage/salary of the assume position.

Option #2: The employee accepts the layoff, subject to recall rights.

(e) Any employee being permanently laid off, such employee’s entitlement, if

any, to termination pay and/or severance pay shall be determined in accordance with the provisions of the Employment Standards Act, 2000. Any employee outlined above may elect to receive such termination and severance pay entitlement pursuant to the provisions of the Employment

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Standards Act, 2000 at the time of permanent layoff and be severed from employment with Goodwill or may elect to defer such termination and severance pay entitlement and maintain recall rights in accordance with Article 10 of the Agreement.

(f) Further, at any time during the recall period an employee may elect to receive such termination and/or severance pay as outlined above and forfeit his/her recall rights and be severed from employment with Goodwill. In any event, an employee who has exhausted his/her recall rights and has not returned to work, shall then receive his/her entitlement to severance pay pursuant to the provisions of the Employment Standards Act, 2000.

(g) No new employee shall be hired within a given classification/store/ADC in the bargaining unit until those laid off employees have been given the opportunity of recall.

ARTICLE 14 - VACATION 14.01 Full-Time Employees:

The following vacation entitlement applies to full-time employees who have successfully completed their probationary period as prescribed in this Agreement. (a) All full-time employees who have been continuously employed by Goodwill for

one (1) full year but have less than four (4) full years’ service prior to December 31st in any year, shall receive two (2) weeks’ vacation with pay such pay to be calculated at four (4%) percent of the employee’s gross wages with Goodwill during the twelve (12) months immediately preceding December 31st in that year.

(b) All full-time employees who have been continuously employed by Goodwill for

four (4) full years or more prior to December 31st in any year, but less than nine (9) full years, shall receive three (3) weeks’ vacation with pay, such pay to be calculated at six (6%) percent of the employee’s gross wages with Goodwill during the twelve (12) months immediately preceding December 31st in that year.

(c) All full-time employees who have been continuously employed by Goodwill for

nine (9) full years or more prior to December 31st in any year shall receive four (4) weeks vacation with pay, such pay to be calculated at eight (8%) percent of the employees gross wages with Goodwill during the twelve (12) months immediately preceding December 31st in that year.

(d) Full-time employees will receive their vacation pay entitlement that accrues

during a pay period on the payday for that period on a mutual agreement basis.

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(e) Vacations shall be taken in the year in which they are due, and may not be

accumulated and/or carried over. (f) If a Statutory Holiday falls within an employee’s vacation period, the employee

may choose to either have the qualified Holiday pay (see Article 15 for qualifying for Holiday pay) added to their pay that pay period or take a paid day off in lieu of the Holiday pay. If the employee chooses to take a lieu day, he/she must schedule it in consultation with Goodwill prior to the vacation period.

(g) Choice of vacation period shall be awarded by seniority. No more than ten (10%)

percent of the total members of a classification to be on vacation per week, and only one (1) employee per position (i.e. Cashier, Hang/Sort, Wares, etc.) can be off on vacation at any given time.

No vacation period of less than one (1) week or more than two (2) consecutive

weeks will be granted by Goodwill except in circumstances which Goodwill considers to be exceptional.

Goodwill agrees to supply a vacation schedule for each store where employees

will be asked to submit a duly completed Vacation Request Form to their Team Leader Coach outlining their vacation preferences for January, February, March and April of the following year on or before midnight on November 1 of the current year. Written confirmation of requests will be made no later than December 1 in any year based upon seniority and the criteria mentioned in the preceding paragraph. Seniority will not apply to vacation requests made after November 1 for the vacation period specified.

For the vacation during May and for the remainder of the calendar year,

employees will submit their vacation request forms to their Team Leader Coach on or before midnight on April 1st of the current year. The requests will be granted by seniority as per the guidelines above and written confirmation of the requests will be made available to the employees in the third week of April.

Vacation requests that are submitted past the deadline as outlined will be

considered on a first come first served basis. Goodwill agrees that it will not deny vacation requests regardless of situation for any weeks that are not at the ten (10%) percent limit for approval with the exception of Goodwill’s five (5) sale (“blackout”) days, and provided that only one (1) employee per position (i.e. Cashier, Hang/Sort/Wares, etc.) can be off on vacation at any given time.

Notwithstanding the above, the parties agree that for vacation preferences

submitted either by November 1 or April 1, full-time employees will be given preference over part-time employees in confirming requests for vacation.

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14.02 Part-time Employees: The following vacation entitlement applies to part-time employees who have

completed their probationary period.

(a) The vacation entitlement for part-time employees will be calculated in accordance with the Employment Standards Act, 2000.

(b) Part-time employees will receive their vacation pay entitlement that

accrues during a pay period on the payday for that period on a mutual agreement basis.

14.03 The term “employee’s wages” refers to the total wages as defined by the

Employment Standards Act, 2000 for the period in which the vacation is given. 14.04 No employee shall be permitted to carry forward his/her vacation from one

vacation year to another. No employee shall be permitted to carry forward his/her vacation from one

vacation year to another. ARTICLE 15 - STATUTORY/PAID HOLIDAYS 15.01 Goodwill recognizes the following as paid holidays pursuant to the provisions of The Employment Standards Act, 2000: New Year’s Day Family Day (being the 3rd Monday in February) Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day 15.02 In order to be entitled to payment of an above-listed holiday an employee must

have worked the last scheduled working day immediately preceding the holiday and the first scheduled working day immediately following the holiday unless the employee is absent on either of those days for a bona fide reason, and proof of same has been provided to Goodwill.

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15.03 Holiday pay will be calculated pursuant to the provisions of the ESA, 2000, calculated as the total amount of wages and vacation pay earned during the four (4) week period immediately prior to the work week in which the public holiday falls, divided by twenty (20).

15.04 In light of the fact that Goodwill is a seven (7) day operation, a notice will be posted

in advance of a public holiday and employees can volunteer to make a commitment to work on that public holiday. Employees who agree to work on an identified public Holiday will be paid at one and one half (1 ½) times their regular hourly rate for all hours worked on the Holiday.

ARTICLE 16 - HOURS OF WORK AND OVERTIME 16.01 It is understood and agreed that the normal hours of work established by this

Article and the provisions for payment of overtime shall not be construed as a guarantee of any hours of work nor of working schedules.

The hours that all employees work are established from time to time by the

budgeted number of donors per square foot as established by Goodwill. An employee shall be paid for all hours of work in accordance with Schedule “A”

to the Agreement. The standard work week begins at 12:01 a.m. Sunday and ends at 11:59 p.m.

Saturday. The hours scheduled for full-time employees within their classification shall be by

seniority to ensure that the hours are fairly and equitably distributed provided the employee is available and has the necessary MDS trained ability and skill (where relevant) and provided Goodwill can maintain a sufficient number of employees to cover normal periods of absence.

16.02 (a) Full-Time Employees:

The normal work week of a full-time employee shall be a minimum of thirty-two (32) or more hours or work over a seven (7) day pay period.

(b) Part-Time Employees:

The normal work week of a part-time employee consists of less than thirty-two (32) hours over a seven (7) day pay period. Part-time employees shall be offered available hours by seniority provided the employee is available and has the necessary MDS trained ability and

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skill (where relevant) and provided Goodwill can maintain a sufficient number of employees to cover normal periods of absence.

(c) The hours that all employees work are established from time to time based on donor levels. Since the scheduling of hours is based on the labour hours targeted in each classification/position which incorporates the designated hours of work which is based on six (6) donors per square foot, it is understood that in the event that Goodwill experiences a reduction in donors that necessarily impacts the labour hours, Goodwill may be required to reduce and/or alter the hours for operational reasons during such slow periods. Goodwill will, however, provide as much advance notice to its employees, as possible, when such a reduction in hours may be required to be implemented and will follow the procedures in the CBA regarding any such reductions.

16.03 Goodwill shall arrange the schedules, subject to the staffing requirements of each store and/or ADC.

16.04 Goodwill agrees to post the work schedules no later than noon on the Friday of the preceding week.

16.05 Employees are permitted to switch shifts among themselves subject to approval

by management and provided that no overtime pay is incurred as a result thereof. 16.06 There shall be a fifteen minute paid coffee break in the first half and the second

half of each full-time shift to be granted at a time or times selected by Goodwill provided the employee works more than five (5) hours in the shift.

Employees who work more than five (5) consecutive hours will receive a thirty (30)

minute unpaid meal break to be scheduled in accordance with operational needs. 16.07 Goodwill cannot guarantee preferred days or weekends off to be granted to

employees, however it will endeavor to provide work on no more than two (2) evenings per week and two (2) weekends per month. The Union agrees that this may not always be practicable due to scheduling difficulties and operational needs.

16.08 (a) An employee who is unable to report to work as scheduled for any reason

must immediately advise his/her Team Leader Coach at the earliest possible time before the commencement of his/her shift and in any event, no later than one (1) hour prior. Employees who fail to advise of their absence without giving a bona fide reason will be subject to appropriate disciplinary action.

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(b) Regardless of when an employee arrives for work or leaves, the employee is the only person allowed to swipe in or out whether it be at the beginning or the end of a shift.

(c) An employee who fails to swipe in or swipe out at the start or finish or any

work day will be subject to progressive disciplinary action up to and including termination.

(d) Swiping in or out for another employee is absolutely prohibited and can result in disciplinary action up to and including termination. Overtime: 16.09 All work authorized by Goodwill to be performed by an employee beyond forty-four (44) Hours in a calendar week shall be paid at the rate of one and one-half (1½) times the employee’s regular straight time hourly rate of pay. 16.10 There will be no pyramiding of overtime premiums: the most Goodwill will pay for the

same work hours attracting premium(s) is one and one-half (1½) times the employee’s regular straight time hourly rate of pay.

ARTICLE 17 - LEAVES OF ABSENCE 17:00 In addition to the leaves of absences outlined in the Employment Standards Act, 2000

and Goodwill’s Policy (HR Policy 6.03 – Leaves of Absences), all employees shall be entitled to the following leaves of absences:

17.01 Bereavement Leave: (a) Goodwill agrees to allow all employees a leave of absence without loss of regular

pay for time necessarily lost from work for a maximum of three (3) working days following the death of a member of the employee’s immediately family for the purpose of arranging and/or attending the funeral and/or celebration of life. “Immediate Family” is defined to include: spouse (including common-law and/or same sex spouse), mother or father, son or daughter, brother or sister, mother or father-in-law, grandparents or grandchildren, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-mother, step-father, or step-child.

(b) Goodwill agrees to allow all employees leave of absence for the purpose of

arranging and/or attending the funeral without loss of regular pay for time necessarily lost from work for a maximum of one (1) working days immediately following the death of an employee’s relative who is not a member of the immediate family as defined in 17.01 (a).

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(c) A one (1) day unpaid leave of absence will be granted for an employee to attend

the funeral for a friend or other person not covered in the provisions of the Collective Agreement, or the Employment Standards Act, 2000. This leave will be allowed up to a maximum of three (3) occasions in the term of the Collective Agreement.

(d) Employees must be able to provide proof of attendance at the funeral/celebration

of life as may be required by Goodwill. Goodwill understands that there may be cases whereby employees may not be able to attend the funeral or celebration in person and agrees that in such cases the employee will still be entitled to the paid or unpaid time off as defined in this article to allow time for the grieving process.

17.02 Pregnancy/Parental/Adoption Leave:

(a) Pregnancy/Parental/Adoption leave shall be granted in accordance with the Employment Standards Act, 2000 or other provincial legislation.

(b) When an employee decides to return to work after such

Pregnancy/Parental/Adoption leave, the employee shall provide Goodwill with at leave four (4) weeks’ notice in writing of intention to return prior to the cessation of leave allowed by provincial legislation. Upon return from such leave, the employee shall be placed at the same job/position that the employee most recently held with Goodwill, if it still exists, or to a comparable position, if it does not.

17.03 Compassionate (Family Medical) Leave: Compassionate (Family Medical) leave will be granted in accordance with the

applicable provisions of the Employment Standards Act, 2000 of Ontario, as amended.

17.04 Union Leave: Union leaves of absence to attend Union business outside of the workplace will be

discussed with a representative for the Local Union and Labour Relations. Once mutually agreed upon by the parties, the leave will be granted. Goodwill will pay the employee’s wages and only will bill the Union monthly for full reimbursement thereof.

17.05 Personal Leave: Goodwill may, in its sole discretion, consider granting a leave of absence to an

employee without pay and without loss of seniority for personal and/or family-

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related events including, but not limited to a death or serious illness of an immediate family member, personal illness/accident/injury, participation in an international or Canadian Relief Program, Military Reserve Training, or unusual and extraordinary events that are not otherwise covered under the Collective Agreement or under the Employment Standards Act. The unusual and extraordinary events referred to herein must be unplanned and out of the employee’s control and have the possibility of serious negative consequences if not responded to. Each request will be given independent consideration and Goodwill may request documentation and/or proof for any such leave request. Such leaves may be granted for a reasonable period not to exceed two (2) consecutive months, and may be extended where Goodwill deems it appropriate.

17.06 All such leaves of absences shall be subject to Article 10.04 of the Collective

Agreement. ARTICLE 18 - HEALTH AND SAFETY 18.01 Goodwill and the Union agree that they will each comply with all of the applicable

provisions of the Ontario Occupational Health and Safety Act (hereinafter the “OHSA”), as amended from time-to-time.

18.02 Goodwill shall cause a new Joint Health and Safety Committee to be established

and maintained at the workplace. The Joint Health and Safety Committee will be comprised of a total of four (4) members: two (2) members representing the employees shall be appointed by the Union; and, two (2) members representing the Employer shall be selected and/or appointed by Goodwill. Goodwill shall ensure that at least one member of the Committee representing the Employer and at least one member representing the employees are certified members.

18.03 Goodwill agrees to continue making all reasonable provisions/s for the health and

safety of its employees in the workplace. It is agreed that Goodwill, the Union and the employees shall cooperate in regard to maintaining a safe and healthy workplace in accordance with Goodwill’s Health and Safety Policies and procedures and all applicable legislation.

18.04 Goodwill and the Union recognize the importance of effective safety policies,

procedures and equipment to safeguard the welfare of employees, and as a condition of employment employees may be required to wear safety shoes, boots or other equipment. To the end, commencing April 1, 2017, Goodwill agrees to reimburse any and all seniority employees who are deemed to require this equipment on proof of purchase at the rate of one hundred (100%) percent of the cost of safety shoes or boots up to a maximum of $150.00 for the term of this Collective Agreement. Safety glasses and other safety equipment will be furnished

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by Goodwill to each employee, as required. It is agreed that the type of safety shoes or boots will be in accordance with Goodwill policy, and that in no circumstances can cash be paid in lieu of an allowance towards the purchase of safety footwear.

Goodwill agrees further, commencing April 1, 2017, to reimburse probationary

employees who are deemed to require this equipment on proof of purchase at the rate of fifty (50%) percent of the cost of one pair of safety shoes or boots up to a maximum of $75.00 for the term of this Collective Agreement. Goodwill will reimburse the balance of the cost of the safety shoes or boots up to the maximum of $150.00 upon the successful completion of the probationary period.

In the event that the probationary employees resigns from Goodwill within the

probationary period, the reimbursement paid to that employee will be deducted from his/her last pay.

18.05 One rainwear outfit will be provided by Goodwill to each employee who is deemed

to require such rainwear outfit for the term of this Collective Agreement. ARTICLE 19 - HEALTH AND WELFARE 19.01 Goodwill agrees to continue to maintain all benefits as documented in the Policies

and Procedures criteria in existence with Goodwill prior to the certification of the bargaining units herein as follows:

1. Employee Assistance Program;

2. 15% Staff Discounts will be made available to employees as outlined in the Goodwill Employee Purchase Policy.

19.02 In lieu of benefits, Goodwill agrees to pay to each employee who has successfully

completed one year of service a health and welfare cheque in the total amount of $500.00 annually, to be paid in two (2) installments of $250.00 each on April 1 and October 1 of every year during the term of this Collective Agreement. It is understood that the health and welfare cheque issued to the employee is a taxable benefit and subject to the requisite deductions.

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ARTICLE 20 - WAGES 20.01 Goodwill shall pay wages as set out in Schedule “A” attached hereto and forming

part of this Agreement. Each employee shall be provided with an itemized statement (which will be made available on the approved pay day) of his/her wages, overtime and other supplementary pay and deductions.

20.02 Wages shall be paid bi-weekly and deposited into the employee’s account by 9:00 a.m. on the Friday following the completion of the two (2) week work period.

Goodwill may not make any deductions from wages, unless authorized by statute, court order, arbitration award, this Agreement or the employee.

20.03 Goodwill agrees to reimburse to any/all employees pay shortages caused by it that

are brought to Goodwill’s attention within four (4) days of being notified of the pay shortage.

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SCHEDULE “A”

COMPENSATION SCHEDULE

Job Title Current April 1, 2017

April 1, 2018

April 1, 2019

April 1, 2020

April 2021

Cashier 11.90 12.40 12.65 12.90 13.05

Donor Greeter/Recycler/ Furniture

11.90 12.40 12.65 12.90 13.05

Cleaner 11.90 12.40 12.65 12.90 13.05

Production – Hang/Sort

11.90 12.40 12.65 12.90 13.05

Production – Wares 11.90 12.40 12.65 12.90 13.05

Production – Jewelry Accessories, Shoes, Books/Media

11.90 12.40 12.65 12.90 13.05

Production – Electronics and Mechanical

11.90 12.40 12.65 12.90 13.05

Roller/Puller, Sales Associate, Loss Prevention

11.90 12.40 12.65 12.90 13.05

Wage increases will be as follows for all current hourly bargaining positions:

1. Effective April 1, 2017, all seniority members will receive an increase of fifty ($0.50) cents

per hour over and above their current wage rate and twenty-five ($0.25) cents over and above their wage rate at that time in the second year (i.e. April 1, 2018) and ($0.25) in the third year (i.e. April 1, 2019) of the Collective Agreement, and fifteen ($0.15) cents per hour in the fourth year (i.e. April 1, 2020) of the Collective Agreement.

2. Goodwill agrees that any increases in the minimum wage rate that may be legislated will

be immediately implemented in the event that this amount is higher than the negotiated wage increases herein.

3. Probationary employees will be paid at the wage rate of a seniority member minus ten

($0.10) cents per hour until they attain seniority status as provided for in Article 2 section 2.02 (vii). Upon attaining seniority they will be paid the full applicable rate as per this Article including any retro-active pay that may be applicable based on their seniority date.

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4. Should Goodwill add further classifications/positions to the bargaining unit that are regarded as positions that demand a higher wage rate, the parties will discuss the appropriate wage rate and provide provisions to allow seniority employees to bid to these openings by seniority, provided, at all times the seniority employees have the skill, ability and qualifications to perform the work.

ARTICLE 21 - GENERAL 21.01 Goodwill agrees to permit the Union to post notices of meetings and other Union business

and affairs on a bulletin board provided by Goodwill for such purposes. It is agreed, however, that such notices must first be sent to Goodwill with the intent of ensuring that such notices are accurate and not interfering with Goodwill’s business. Goodwill agrees that they will notify the Union the day after receiving a notice of any issues that may need amending prior to posting of the notice.

ARTICLE 22 - TERM OF AGREEMENT 22.01 This Agreement shall remain in full force from April 1, 2017 to March 31, 2021. Either

party will be entitled to give notice in writing to the other party as provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring Collective Agreement at any time within a period of ninety (90) days before the expiry date of the Agreement. Following such notice to bargain the parties will meet within fifteen (15) days of notice or within such further period as the parties mutually agreed upon.

22.02 It is agreed that during the course of bargaining, it will be open to the parties to agree in

writing to extend this Agreement beyond the expiry date of March 31, 2021 for any stated period acceptable to the parties and in accordance with the Labour Relations Act.

22.03 Provided that for the purpose of all notices under this Article, notice in writing will be

deemed to have been received by the party to whom it is sent upon the mailing of such notice by registered mail addressed to the current address of the other party.

In witness whereof each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the date and year written above.

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LETTER OF UNDERSTANDING #1

RE: USE OF VOLUNTEERS As a social service non-profit organization committed to providing vocational rehabilitative services and programs to people with disabilities and special needs, Goodwill does not feel able to make a commitment to any course of action which could potentially conflict with our mission statement. Goodwill agrees that the use of volunteers will not result in the loss of employment or lay-off or bargaining unit members as per Article 2 section 2.01 (a). Without restricting its right to provide rehabilitative an volunteer work experience services and programs as part of its mission, Goodwill agrees to continue its traditional practice in the utilization of volunteers which has not resulted in the loss of employment or lay-off of bargaining unit members.

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LETTERS OF UNDERSTANDING #2 RE: ORGANIZATIONAL CHANGES While not being prepared to give any absolute assurance on job security, we are willing to discuss any major changes which may be required in the workforce from time to time. We are pleased to state without reservation our intent, wherever possible, to try and place employees affected by organizational change in other suitable areas of our operation. A process of consultation with the union will allow the best decisions possible on retaining jobs within Goodwill.

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LETTER OF UNDERSTANDING #3

RE: LOW DONOR STRATEGY Goodwill and the Union acknowledge that store sales/or donations are not constant and/or consistent and are subject to slow periods, typically during seasonal weather fluctuations. In order to contain costs and operational losses during these periods of slow sales and/or donations, Goodwill may implement LOW DONOR STRATEGY. LOW DONOR STRATEGY shall include, but not be limited to, the following: 1. Goodwill may implement Low Donor Strategy initiatives, in an effort to respond to low

donations and sales. 2. Low Donor Strategy may result in, but not be limited to, reductions in store labour

hours, shift hours, store opening hours and any other supports/departments. 3. It is understood that Low Donor Strategy may impact some or all bargaining unit staff. 4. It is understood that during Low Donor Strategy hours may be reduced. Any reduction

in the number of staff in any department shall be considered a seasonal layoff and shall be done in accordance with the Layoff and Recall provision in Article 13 of the Collective Agreement.

5. Goodwill shall provide a minimum of fourteen (14) calendar days’ notice to the union

where Low Donor Strategy may be implemented.

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LETTER OF UNDERSTANDING #7

RE: CASHIERS AND CODES 1. Goodwill agrees to provide an alert system for cashiers to address emergency situations.

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LETTER OF UNDERSTANDING #8

RE: SIGNING BONUS 1. Goodwill recognizes the contributions of its employees to the success of Goodwill and

agrees to pay each “active employee” (i.e. an employee who has performed work for Goodwill during the last year from the date of ratification and who continues to be an employee of Goodwill) a signing bonus upon successful ratification of the new Collective Agreement. Current full-time employees (to be specified) will be paid two hundred dollars ($200.00) and part-time employees (to be specified) will be paid one hundred dollars ($100.00). This payment will be made during the first pay period after ratification to each employee who is active as of the date of ratification.