COLLECTIVE AGREEMENT

 

 

 

 

 

 

between

 

 

 

 

 

SMARTE CARTE CANADA, LTD.

(hereinafter referred to as the Company)

 

 

 

and the

 

 

 

 

INTERNATIONAL ASSOCIATION of

MACHINISTS and AEROSPACE WORKERS

 

and

 

TRANSPORTATION DISTRICT 140

(hereinafter referred to as the Union)

 

 

 

 

 

 

 

 

April 2^nd , 2002 - March 15^th, 2005

 

 

 

SMARTE CARTE - COLLECTIVE AGREEMENT

 

ARTICLE 1        PURPOSE

 

1.01      The purpose of the Agreement is to establish and maintain an orderly collective bargaining relationship between the Company and its employees, to set forth all Agreements concerning rates of pay, hours of work and working conditions to be observed by the parties hereto, and to provide an amicable method of settling any differences that may arise in the interpretation, application, administration or alleged violation of the Agreement.

 

 

ARTICLE 2        SCOPE AND RECOGNITION

 

2.01      The Company recognizes the Union as the Bargaining Agent for all employees of the Company working in Toronto, Ontario at the Lester B. Pearson International Airport governed by Provincial jurisdiction, Customer Service Assistants which will include Lead Hands and Maintenance personnel.

 

 

ARTICLE 3        UNION SECURITY

 

3.01      Membership in the Union shall be available to any employee eligible under the constitution of the Union on payment of initiation or reinstatement fees uniformly required of all other such applicants by the Union Local.  Membership shall not be denied for reasons of race, national origin, colour or religion.

 

3.02      All employees covered by this Agreement must become members of and maintain membership in good standing in the Union as a condition of employment within thirty (30) days of the date they commenced employment.  They shall maintain membership as a continuing condition of employment.

 

3.03      The Company shall deduct Union dues from the earnings of each employee bi-weekly, which shall be paid to the Union not later than the tenth (10^th) day of the following month in which they are deducted.

 

The amount to be deducted will be advised by the Union.  The Company shall be notified in writing of the name of the Union Official to whom the money so deducted shall be sent.

 

 

ARTICLE 4        MANAGEMENT RIGHTS

 

4.01      The Union acknowledges that all management rights and prerogatives are vested exclusively with the Company except as specifically limited by the provisions of the Agreement and, without limiting the generality of the foregoing, it is the exclusive function of the Company:

 

a)         to maintain order, discipline, efficiency and in connection thereby establishing and enforcing reasonable rules and regulations

 

b)         to hire, transfer, layoff, recall, promote, demote, retire, classify, assign duties, dismiss, suspend or otherwise discipline employees, provided that a claim that an employee who has acquired seniority has been dismissed or otherwise disciplined without just cause may be the subject of a grievance under Article 6 of the Agreement, and

 

c)         to determine the method of operation, the amount of supervision, the schedule of work, the rotation of shifts, the hours and days of work and the number of employees required at any time.

 

4.02      The Company reserves any and all of its prior rights which have not been modified, limited, restricted or released by specific wording elsewhere in this Agreement.

 

4.03      Written discipline may be issued only by Supervisors and those above.

 

 

ARTICLE 5        UNION REPRESENTATION

 

5.01      The Company agrees to recognize the following committees of the Union to represent the employees for the purposes described herein:

 

a)         a Negotiating Committee comprised of not more than two (2) employees, one (1) of whom shall be the Chief Steward, selected by the Union to act on behalf of the Union in negotiating a Collective Agreement, or renewal thereof, with the Company.  Members of the Negotiating Committee will be paid a regular shift at their regular rate for each day spent in direct negotiations and shall include two (2) eight (8) hour days for the purpose of drafting proposals, and

 

b)         a Grievance Committee comprised of no more than three (3) Stewards of whom one (1) shall be Chief Steward, selected by the Union, to assist in the presentation under Article 6 of any proper grievance that may arise.  The remaining two (2) Stewards shall be elected by the employees

 

5.02      The members of the Negotiating and Grievance Committees shall be employees who have completed their probationary period.

 

5.03      The Union shall notify the Company in writing of the names of the employees who are members of the Negotiating and Grievance Committees and the Company shall not be required to recognize them until so notified.

 

5.04      The Union acknowledges that each member of the Grievance Committee has regular work to perform and that he/she shall only absent himself/herself from such work with the permission of the Supervisor, such permission will not be unreasonably withheld.  Upon resuming his/her regular duties, he/she shall again report to the Supervisor.  Each member of the Grievance Committee shall not lose pay for time spent during his/her regular schedule working hours performing the functions set out in Clause 5.01 (b).

 

5.05      The parties agree that bi-monthly meetings shall be scheduled in advance between the Union Shop Committee and local Management to address any concerns or issues arising in the workplace with a view to resolving any conflicts.  It is agreed Regional Management and/or the Union General Chairperson or their designate may attend, minutes will be maintained and cosigned by both parties.

 

 

ARTICLE 6        GRIEVANCE PROCEDURE

 

6.01      The Company and the Union agree that it is the purpose of the grievance procedure to amicably and justly settle any complaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, prior to resorting to arbitration.  The parties further agree that the settlement of any grievance shall be deemed not to conflict with the provisions of the Agreement.

 

6.02      It is the mutual desire of the parties that complaints of employees shall be dealt with as quickly as possible, and it is agreed that an employee has no grievance until he/she has first given the Supervisor the opportunity to deal informally with his/her complaint.

 

6.03      Should any difference arise between the Company and any of the employees as to his/her interpretation, application, administration or alleged violation of the provisions of the Agreement that cannot be satisfactorily dealt with pursuant to Clause 6.02 an earnest effort shall be made to settle such difference in the following manner:

 

Step One

 

6.04      Within four (4) days after the alleged grievance has arisen the employee and a Steward, shall present his/her grievance in writing, on a standard Transportation District 140 grievance form to the Supervisor.  If, within four (4) days from the time when such grievance was presented a decision satisfactory to the employee is not given then:

 

6.05      Within five (5) days after the decision of Step One has been, or should have been given, an authorized member of the Grievance Committee shall present the written grievance to the Regional Administration Manager, or a person or persons designated by him/her to handle such matters at Step Two.  The Regional Administration Manager, or his/her designate, shall schedule a meeting to be held within ten (10) days from the time when such grievance was presented to him/her, or his/her designate.  At the Step Two meeting, the Regional Administration Manager, or his/her designate, may be accompanied by the Personnel Manager and such other assistants as he/she so desires.  The General Chairperson of the Union may be present at the meeting at the option of the Union.  The Regional Administration Manager, or his/her designate, shall give a decision in writing on behalf of the Company within ten (10) days immediately following the date of such meeting.

 

General Provisions

 

6.06      In the event that, in the opinion of the Union, two (2) or more employees have grievances relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement which are sufficiently common in nature that they may be conveniently dealt with together, such grievances shall constitute a group grievance and it shall be presented at Step Two.

 

6.07      Any grievance which arises directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of the provisions of the Agreement, may be submitted by either of the parties to the other.  Notice of the grievance shall be given in writing within ten (10) days when either party becomes aware of the situation, a meeting shall be scheduled between the grievance committee plus the General Chairperson, or his/her designate, and the Company representatives designated for that purpose.  This meeting is to be held within twenty (20) days after notice has been given by either of the parties to the other.  The decision of the party being grieved against shall be given in writing within fifteen (15) days following the date of such meeting.  If no settlement is reached the grievance may be referred to arbitration in accordance with the provisions of Article 7 of the Agreement.@

 

6.08      The Company shall, from time to time, notify the Union in writing of the names of the Company representatives and designated alternates appointed for purposes of the grievance procedure.

 

6.09      Each step to be taken under the grievance procedure and any reference to arbitration shall be taken within the time limits set forth in Articles 6 or 7 or the matter shall be deemed to have been abandoned.  A step is deemed to have been taken when notice is given by the party who filed the grievance.

 

6.10      Any and all the time limits set forth in Article 6 or 7 for the taking of action by either party or by an employee may be extended at any time by mutual agreement of the parties in writing.

 

Dismissal and Suspension

 

6.11      If the Company determines that an employee is to be dismissed or suspended, it shall notify in writing both the employee concerned and a member of the appropriate Grievance Committee.

 

 

6.12      If an employee, who has acquired seniority, believes that he/she has been dismissed or suspended without just cause, the grievance shall be presented at Step Two within five (5) days after notice has been given to the employee and the member of the Grievance Committee.  If a suspension is grieved the Company may elect not to put the suspension into effect until the grievance is settled, abandoned or determined by reference to arbitration.

 

6.13      If an employee is dismissed such dismissal will take effect immediately upon the employee receiving notice thereof.

 

 

ARTICLE 7        ARBITRATION

 

7.01      In the event that any grievance concerning the interpretation, application, administration or alleged violation of the Agreement shall not have been satisfactorily settled under the provisions of Article 6, the matter may then be referred to arbitration by notice in writing by one party to the other within ten (10) days from the decision of the Company under Clause 6.05 or Clause 6.07 or of the Union under Clause 6.07.  The notice shall contain a copy of the grievance, the remedy sought and the name, address and phone number of that party=s proposed Arbitrators.  The format of the arbitration will be as mutually agreed and may be single or expedited as per the procedure detailed in Clause 7.07.  In the event the parties do not agree to the format the procedure shall be single arbitration.

 

7.02      The recipient of the written notice, referred to in Clause 7.01, shall notify in writing the other party, within ten (10) days after notice has been given, as to the name and address of its proposed Arbitrators.  The parties, within fifteen (15) days of the second notice, shall endeavour to agree upon an Arbitrator but, if the parties are unable to agree upon an Arbitrator within the fifteen (15) day period, then either party may request that the Minister of Labour make an appointment.

 

7.03      Subject to Clause 6.06, each grievance submitted to arbitration shall be heard separately.

 

7.04      The issue(s) raised in the written grievance shall be presented to the Arbitrator and his/her award shall be confined to such issue(s).  The findings of the Arbitrator as to the facts and as to the interpretation, application, administration or alleged violation of the provisions of the Agreement shall be conclusive and binding on all parties concerned, but the Arbitrator is not authorized to alter, modify or amend any part of the Agreement.

 

7.05      If it is decided by the Arbitrator that an employee has been discharged or suspended without just cause, the Company will reinstate the employee without loss of seniority and pay, limited to the regular scheduled hours the employee would have worked less any amounts earned from other employment during that period, or will put into effect any lesser settlement agreed to by the parties or determined by the Arbitrator.

 

7.06      Any grievance involving the interpretation, application, administration or alleged violation of the Agreement, which has been disposed of under the provisions of Article 7, shall not be made the subject of another grievance.

 

7.07      The Company and the Union shall share equally the expenses of the Arbitrator.  The costs and allowances to be paid to witnesses shall be paid by the party calling such witness.  No costs of arbitration shall be awarded to or against either party.

 

Expedited

 

1.         Hearings will be in Toronto at locations agreed to by the parties, unless mutually agreed otherwise.

 

2.         Grievances shall be presented by a designated representative of the Union and a designated representative of the Company (i.e., no outside representation, e.g., lawyers).

 

3.                                 All presentations are to be short and concise with:

 

i)                                  comprehensive opening statement dealing with the facts and provisions of the Collective Agreement upon which reliance is placed

ii)          limited use of precedential authorities

iii)                                 parties endeavouring to conclude cases within one working day.

 

Nothing in the foregoing limits either party from introducing all the evidence they believe relevant to this case.

 

4.                     Decisions will be:

 

i)                                  rendered verbally to parties within three (3) working days of hearing

ii)                                  confirmed in writing within two (2) calendar weeks of hearing

iii)                                 the written decision shall set forth a brief explanation of the facts and the terms of the agreement and/or law, relied upon for the decision

iv)                                 without precedent or prejudice to future proceedings unless otherwise agreed by the parties

v)                                  binding on both parties

vi)                                 consistent with the terms of the agreement.

 

5.                                 Fees and expenses of the arbitrators shall be shared equally by the parties.

 

6.                                 It is understood that changes to this procedure may be made at any time by agreement between the parties.  Additionally, the hearings will be governed by the following guidelines, which can be amended by agreement between the parties at any time.

 

7.                                 A brief of pertinent documents will be jointly presented to the Chairperson.

 

8.                                 If possible a statement of agreed to facts will be jointly presented to the Chairperson.

 

9.                                 Responses to opening statements will cover any facts, which are in dispute and any additional facts available.

 

10.                                The hearing will be conducted in an informal manner with limited objections by the parties and without concern for procedural irregularities.

 

11.                                Hearsay evidence and extrinsic evidence will be allowed to be entered without objection from the opposing party and given the appropriate weight by the Chairperson.

 

12.                                Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations and their testimony will be guided to the issues of fact.

 

13.                                Arguments will be presented only to points in issue.

 

14.                                Mediation of the issue by the Chairperson will be permitted if the parties both agree, but the parties must have authority to settle the issue at the table.

 

 

ARTICLE 8        HEALTH AND SAFETY

 

8.01                              The Company agrees to establish and maintain healthy and safe working conditions throughout its buildings and will ensure compliance with the applicable provincial or federal Health and Safety Regulations.

 

                      In the case where a demonstrated need exists for safety equipment, such will be provided to employees.  An employee wanting to replace an item of safety equipment must first present the used item to the Company and receive permission in advance for such replacement.

 

Employees whose employment terminates with the Company will return any safety equipment or will have the value of such items deducted from their wages.

              The Company shall supply a uniform on a continuous return basis at no cost to the employee, the uniform will consist of the following items:

 

Item                                                                             Quantity

 

shirts and pants                                                                         4 (full time)

 

                                            2 (part time)

 

The Company shall provide a cleaning allowance of twenty-five dollars ($25) per month to maintain the uniform clothing.

 

The Company will provide one (1) parka and one (1) summer jacket every three years to employees assigned to work outside.

 

Clean, maintained common rain gear will be available at the station for the use of those employees assigned to work outside.

 

 

8.02                              Health and Safety Committee

 

A Health and Safety Committee shall be established as required by relevant Provincial Health and Safety laws or regulations.

 

8.03                  Employees to Work in Safe Manner

 

While at work, employees shall:

 

a)                                 Use such safety materials, equipment, devices and clothing as are intended for their protection and furnished to him/her by the employer or as are prescribed:

 

b)                                 follow prescribed procedures with respect to the health and safety of employees,

 

c)                                 take all reasonable and necessary precautions to ensure the health and safety of:

 

i)                                  himself/herself

ii)                                  his/her fellow employees, and

iii)                                 any person likely to be affected by the employee=s acts or omissions.

 

d)                                 comply with all instructions from the Company and Union (providing they do not conflict with those of the Company) concerning the health and safety of employees,

 

e)                                 cooperate with any person(s) exercising a duty imposed under this Article or any health and safety law or regulation(s),

 

f)                                  cooperate with a Health and Safety Committee established for the workplace,

 

g)                                 report to the Company anything in the workplace that is likely to be hazardous to the health or safety of the employee, his/her fellow employees or other persons granted access to the workplace by the employer,

 

h)                                 report in the manner prescribed, every accident or other occurrence arising in the course of, or in connection with, his/her work that has caused injury to the employee or to any other person.

 

8.04                              If and employee quits, is dismissed, suspended, goes on vacation, off work due to related injury, Leave of Absence (LOA), or extended illness, he/she will immediately relinquish badge(s), keys, safety equipment and parking pass to the Company.

 

8.05                              Half size individual day lockers will be provided for the use of each employee during the employee=s shift.

 

8.06                  Smoke Free Environment

 

The Company will maintain a smoke free environment for all employees.

 

 

ARTICLE 9        SENIORITY

 

9.01                              The seniority of an employee means the length of his continuous service with the Company since the date of his/her last hiring by the Company.

 

9.02                              The seniority of an employee shall be completely lost and his/her employment shall be automatically terminated if he/she:

 

a)         quits, or           

b)         is discharged and not reinstated in accordance with the provisions of the Agreement, or

c)                                 is absent from work for three (3) or more consecutive days without notifying the Company unless he/she gives a reason satisfactory to the Company for his/her failure to so notify the Company, or

d)         is laid off for a period in excess of twelve (12) months, or

e)                                 fails to notify management of his/her intention to return to work within five (5) days of being given notice of recall under Clause 11.02 or fails to return to work on the date of recall as set out in the notice of recall, or

f)                                  works for another employer while absent from his/her employment with the Company except while on layoff.

 

9.03                              Within thirty (30) days after the signing of this Agreement, the Company shall post the location seniority lists showing the seniority of each employee.  An employee shall have thirty (30) days to challenge the applicable seniority list with respect to his/her seniority.  Thereafter, the seniority date of each employee shall be deemed to be conclusive.

 

9.04                              The Company will provide the Union with the current seniority lists showing each employee=s seniority date, current address, classification and rate of pay, on June 30^th of each year.

 

9.05                              Employees will make themselves available for a minimum of twenty (20) hours work per week if required to do so by the Company.

 

 

ARTICLE 10      PROBATIONARY EMPLOYEES

 

10.01                            Notwithstanding anything in the Agreement, a person shall be considered to be a probationary employee and he/she shall have no seniority until he/she has been employed for ninety (90) consecutive calendar days at which time he/she shall become entitled to seniority dated from his/her last hiring with the Company.  The Company shall have the right to dismiss a probationary employee for just cause and such dismissal shall not be the subject of a grievance under Article 6 or 7 of the Agreement.

 

 

ARTICLE 11      REDUCTION IN WORK FORCE

 

11.01                            In any case of reduction in force the Company shall layoff in reverse order of seniority providing the employee is qualified to meet the operational requirements.

 

11.02                            Notice sent by registered mail to the most recent address on the employee=s employment file shall constitute proper notice.  It shall be the responsibility of the employee to inform the Company of his current address by registered mail or in person provided written acknowledgement is retained by said employee.

11.03                            A reduction in forces by termination or layoff will be in compliance with the Ontario Employment Standards Act.

 

 

ARTICLE 12      TRANSFERS

 

12.01                            Nothing in the Agreement shall be considered to preclude the voluntary transfer of an employee from the bargaining unit to a position where he/she is excluded from such category or vice versa.

 

12.02                            The seniority of an employee who is transferred to a position outside the bargaining unit shall be retained for six months.  Subject to all provisions of this Article 12.  After which he/she shall be then removed from the list and will be ineligible to return to the bargaining unit and must continue to pay Union dues during this changeover.

 

 

ARTICLE 13      LEAVE OF ABSENCE

 

13.01                            The Company may, within its absolute discretion, grant a leave of absence without pay for a period not exceeding thirty (30) days to an employee, such request will not be unreasonably withheld,  provided that:

 

a)                                 the employee gives notice in writing to the Supervisor of his/her request for a Leave of Absence at least thirty (30) days prior to the proposed commencement of the leave of absence (except in the case of emergency), and

 

b)                                 in the judgment of the Company, the proposed leave of absence can be arranged without inconvenience to normal operations.

 

Leaves of absence of greater than thirty (30) days may be granted by the Company, which shall first consult with the union prior to granting such a leave

 

13.02                            Applicants must indicate, on forms provided by the Company, the reason(s) for their leave of absence and the expected dates of departure and return when giving notice of their request for a leave of absence.

 

13.03                            The Company shall notify in writing both the applicant and the Union of its decision within fourteen (14) days after the request was made by the employee to the Company.

 

13.04                            The Company has agreed that leave of absence will be administered on the following basis:

 

1.         Requests must be made in accordance with Clause 13.01 (a).

2.         Seniority will continue to accrue during such Leave of Absence.

 

13.05                            Union dues will continue to be payable to the Local Lodge by the employee while on Leave of Absence in order to continue with membership.

 

13.06                            Upon return from Leave of Absence without pay, an employee shall have the right to be reinstated to a position equivalent to the one he/she occupied at the time he/she left.  If there has been a reduction of manpower during the absence of the employee, he/she shall exercise his/her bumping rights upon his/her return.  The Company will use reasonable efforts, in compliance with its human rights obligations, to place the returning employee on a shift that will not result in the displacement of another employee.

 

 

ARTICLE 14      BEREAVEMENT LEAVE

 

14.01                            An employee who has been employed by the Company for three (3) consecutive months will be granted a leave of absence for the three (3) days immediately following the day of death of member of his immediate family, provided the employee attends the funeral, proof of which may be required.  If one (1) or more of the three (3) days would have been the employee=s regular scheduled work day(s), the employee will be paid for the day(s) at his/her regular basic hourly rate.  AImmediate family@ is defined as including the employee=s spouse including common law spouse, parents, parents spouse, children, sisters, brothers, mother and father-in-law and their spouses, any relative permanently residing in the employee=s household or with whom the employee resides.  The Company may grant an additional Leave of Absence of seven (7) days without pay if the funeral occurs outside of a five hundred (500) mile radius of the employee=s normal work location and, in the judgment of the Company, such Leave of Absence can be arranged without undue inconvenience to normal operations.  The Company may require proof of death or burial.

 

14.02                            If an employee is notified of a death in his/her immediate family while working, he/she shall be relieved from duty and paid for the balance of his/her shift.

 

 

ARTICLE 15      LEAVE OF ABSENCE FOR UNION BUSINESS

 

15.01                            The Company may grant a Leave of Absence without pay to not more than two (2) employees, for a combined total period not exceeding thirty (30) days in any calendar year, to represent the Union at Union conventions, seminars and education classes provided the Company is given thirty (30) days advance notice in writing by the Union and, in the judgement of the Company, such Leave of Absence can be arranged without undue inconvenience to normal operation.

 

15.02                            The Company may grant a Leave of Absence without pay to not more than two (2) members of the Grievance Committee for the purpose of preparing for arbitration under Article 7 or other Union business provided the Company is given at least two (2) days advance notice in writing by the Union.

 

15.03                            Sick Leave

 

Employees will accrue eight (8) hours of sick leave at the completion of every four (4) months of continuous service.  Employees who have accrued sick leave will be paid for days they are absent from work due to illness or injury (other than illness or injury covered by Workplace Safety and Insurance) until their accrued bank of sick leave is exhausted.  Employees shall not be paid during such absences during their first six months of employment, and shall accrue time only in eight (8) hour increments.  Employees will accrue sick leave to a maximum of forty (40) hours.

 

15.04                            In the event that an employee is absent due to illness, or non-occupational injury the Company will continue to pay Group Life Insurance premiums for twenty-four (24) months.  However, if the employee is declared permanently and totally disabled, the Company will pay the Group Life Insurance premiums for the duration of the absence. The Company will continue to pay one hundred percent (100%) of the premiums for:

 

Dental and extended health benefit plans for the first twelve (12) weeks of illness or non-occupational injury.

 

After the twelve (12) weeks, the employee is responsible for and must, within a reasonable time, no later than the first day of the month following expiration of the twelve (12) weeks, pay one hundred percent (100%) of the dental and extended health premiums, unless at the commencement of the absence, the employee notified the Company that she/he does not wish to continue contributions after the twelve (12) weeks.

 

In the event that an employee is absent due to occupational injury, all benefit plans, i.e., Group Life, medical, dental and extended health will continue to be paid by the Company for the duration of treatment and rehabilitation under WSIB.

 

In the event that an employee is absent due to personal Leave of Absence, layoff, or suspension, the employee may, at his/her option continue in all benefit plans at one hundred percent (100%) cost to the employee for duration of absence.

In the event that an employee is absent due to maternity or child care leave, all benefit plans, medical, dental and extended health will be paid by the Company for the duration of the absence, unless the employee does not pay the employee=s contributions, if any, within a reasonable time.

 

When an employee is on jury duty, the benefits will be maintained with the current cost sharing arrangement between the Company and the employee.

 

If an employee is absent for any of the above reasons and does not wish to continue any of her/his contributions during that period he/she must notify the Company.  For the purposes of calculating the benefits in this case, the employment on the return to work shall be deemed to be continuous with employment before the employee=s absence.

 

 

ARTICLE 16      MATERNITY LEAVE

 

16.01                            Maternity leave shall be as per the Ontario Employment Standards Act requirements.

 

16.02                            The employee shall give the Company four (4) weeks= notice in writing, of the day upon which she intends to commence the leave, and a certificate of a qualified medical practitioner stating that she is pregnant and the estimated date of her maternity leave.

 

16.03                            An employee who does not apply for leave as set forth in Clause 16.02 and who is otherwise entitled to maternity leave, shall be granted a Leave of Absence under Clause 16.01 upon providing the Company with a certificate of a qualified medical practitioner, stating that she was not able to perform her work because of an unexpected medical condition directly attributable to pregnancy and the date of her maternity leave.

 

16.04                            Where an employee intends to resume her employment with the Company upon the expiration of the leave granted in accordance with the provisions of Article 16 the Company shall reinstate her to her former position or provide her with alternative work of a comparable nature at not less than the same wages and benefits.

 

 

ARTICLE 17      HOURS OF WORK AND OVERTIME

 

17.01                            Employees will receive the maximum amount of scheduled hours up to forty (40) hours per week, per location based on seniority.  All shifts will have two (2) consecutive days off.  Shift preferences will be based upon the employee=s seniority in the case of posted open shift bids.  Site preference will also be based upon an employee=s seniority in the case of posted open shifts and general shift bids, but all employees will be subject to the standard rotation and site staffing requirements, as per management=s discretion.  The minimum hours of pay for any shift for which an employee is dispatched shall be four (4) hours providing the employee is not removed for just cause.  This Clause may be amended by mutual agreement.

 

17.02                            For the purpose of Clause 17.01 a day shall commence at the start of an employee=s shift and shall end twenty-four (24) hours later.   A week shall commence at 12:01 a.m. Monday and end at 12 midnight on Sunday.

 

17.03                            An employee who works more than four (4) hours in a day shall be entitled to a thirty (30) minute unpaid meal period and two (2) paid fifteen (15) minute coffee breaks at mutually agreeable times during such day.  An employee who works four (4) hours in a day shall be entitled to one (1) fifteen (15) minute paid coffee break during such day at a mutually agreeable time.

 

17.04                            The Company does not guarantee to provide work for any employee nor to maintain the work week or hours of work at any time in effect.  In the event of a layoff the provisions of Article 11 will apply.

 

17.05                            The Company shall post work schedules at least seven (7) calendar days in advance of the implementation of the work schedule.  The Company, however, may change posted work schedules due to unforeseen circumstances in which case the Company shall endeavour to contact the employee(s) concerned at least twelve (12) hours before such change.  In the event the employee receives less than twelve (12) hours notice all hours worked within the twelve (12) hours will be paid at one and one-half (12X) times their regular hourly rate.

 

17.06                            All hours worked in excess of the standard hours of work referred to in Clause 17.01 shall be paid at the rate of one and one-half (12X) times the employee=s regular basic hourly rate.

 

17.07                            In no case shall an employee be entitled to more than one and one-half (12X) his/her regular basic hourly rate for any time worked in excess of their regular scheduled shift or forty (40) hours in a work week.

 

17.08                            Each employee is expected to work a reasonable amount of overtime if requested to do so by the Company and the employee is available to perform such work.  An employee who works overtime shall not be required to take time off one (1) or more of his/her scheduled days of work to offset the work performed at the overtime rate, except by mutual agreement between the Company, the Union and the employee.

 

17.09                            The Company shall endeavour to distribute overtime equitably among qualified employees except where, it is not possible to do so.

 

17.10                            An employee may exchange a shift with another employee provided that the Company is given at least forty-eight (48) hours= notice in writing by both of the employees concerned and they are equally qualified.  In the event that either of the employees fail to work the exchanged shifts, both employees shall lose their shift exchange privileges for thirty (30) days.  Clause 17.06 shall not apply to the hours an employee works in excess of the standard hours as the result of exchanging a shift with another employee.

 

17.11                            An employee who reports for work as scheduled is entitled to four (4) hours= pay if no work is available and he/she has not been advised in advance except in cases beyond the Company=s control or when an employee has been absent on his/her immediately preceding scheduled work day.  This Clause may be amended by mutual agreement between the Company and the Union.

 

17.12                            All time spent in attendance at any proceeding, arising out of actions performed on behalf of the employer or the employers client, shall be paid at the applicable rate.  Monies from the Court shall be reimbursed to the employer.

 

17.13                            An employee who leaves work due to WSIB related injury or illness, which occurred on that shift, requires offsite treatment and prevents a return to work, shall be paid for the balance of their regular or scheduled shift on the day of the injury or illness.

 

 

ARTICLE 18      DUTIES OF EMPLOYEES

 

18.01                            Lead Hand Customer Associate

 

Employed by the Company to perform the following duties:

1)                  Transport Baggage Carts within Airport Terminals to and from Dispenser Units

2)                  Clean and lubricate Baggage Carts and Dispenser Units

3)                  Coordinate and deal with customer concerns

4)                  Coordinate Airport Authority operational concerns

5)                  Perform such other duties as directed by a Manager or Assistant Manager

 

18.02               Lead Hand Customer Associate Responsibilities

 

1)                  Coordinates distribution and return of cart dispenser keys

2)                  Assumes responsibility of assigned dispenser key

3)                  Assumes the integrity of the cash from the float pouch, not to exceed $200

4)                  Will dispense pink customer refund slips and maintain record of transactions

5)                  Prior to the end of each shift, will enter accurate and clear entries into the shift reporting log

6)                  Perform such other duties as directed by a Manager or Assistant Manager

 

18.03                     Customer Service Associate

 

Employed by the Company to perform the following duties:

 

i)          Transport Baggage Carts within Airport Terminals to and from Dispenser Units

6)                  Clean and lubricate Baggage Carts and Dispenser Units

7)                  Perform such other duties as directed by a Manager or Assistant Manager

 

18.04               Customer Service Associate Employee Responsibilities

 

i)          Assumes responsibility of assigned dispenser key

 

18.05   Maintenance Associate

 

Employed by the Company to perform the following duties:

 

8)                  Maintains and services the operating equipment

9)                  Perform such other duties as directed by a Manager or Assistant Manager

 

 

ARTICLE 19   VACATION WITH PAY

 

19.01   All employees shall be entitled to an annual vacation with pay on continuous employment with the Company as of the first pay period after their anniversary date and seniority shall be the governing factor in selecting vacation entitlement in accordance with the following:

 

1)                  An employee, with more than one (1) but less than five (5) completed years of service shall receive a two (2) week vacation with pay equivalent to four percent (4%) of his/her gross earnings for the preceding vacation year, pursuant to his/her employment with the Company.

 

2)                  An employee, upon completion of six (6) years of service shall receive a three (3) week vacation with pay equivalent to six percent (6%) of his/her gross earnings for the preceding vacation year, pursuant to his/her employment with the Company.

 

3)                  An employee, upon completion of ten (10) years served shall receive four (4) weeks vacation with pay equivalent to eight percent (8%) of his/her gross earnings for the preceding vacation year, pursuant to his/her employment with the Company.

 

19.02                     AAnniversary date@ is one year after date of hire.  For the purposes of vacations in a year, calculations of continuous employment with the Company and gross earnings shall be made and paid in the first pay period after the anniversary date.  The employer will agree to allow for vacation pay payout providing the employee submits in writing his/her request for vacation pay a minimum of one (1) complete pay period prior to the date of vacation time.

 

 

ARTICLE 20   PAID HOLIDAYS

 

20.01                     For the purposes of Agreement, the following days are recognized as paid holidays for employees who have completed their first thirty (30) days of employment with the Company:

 

New Year=s Day                                                                                              Labour Day                             Thanksgiving Day

Good Friday                                                                                                    Civic Holiday (first Monday            Canada Day

Victoria Day                                                                                                     in August if proclaimed by             Christmas Day

the Provincial Government)                            Boxing Day     

 

 

20.02                     The parties may agree to designate a day other than the calendar day for the observance of a paid holiday provided that when an alternative day is so designated the provisions of Article 19 shall apply to the alternative day and not the calendar day of the holiday.

 

20.03                     An employee, who qualifies for holiday pay and is not required by the Company to work on any of the above holidays, shall be paid the equivalent of the wages he would have earned at his/her regular basic hourly rate for his/her normal hours of work.

 

20.04                     An employee, who qualifies for holiday pay and is required by the Company to work on any of the above holidays, shall be paid one and one-half (12X) times his/her regular basic hourly rate for time worked on such holiday in addition to his/her pay.

 

20.05                     If any of the above holidays are observed by the Company while an employee is on a scheduled vacation or on his/her regular day off, the Company shall compensate the employee on the following basis:

 

a)         Payment for the equivalent of the wages he/she would have earned at his/her regular basic hourly rate for his/her normal hours of work, or

 

b)         A day off with pay, in accordance with a) above, in lieu of the holiday.  Such day may be taken in conjunction with his/her vacation or at some other mutually agreeable time.

 

20.06                     No employee is entitled to be paid for a holiday on which he/she did not report for work after having been scheduled or called to work for that day, unless their absence occurred for a legitimate reason.

 

 

ARTICLE 21   WAGES

 

21.01                     The Company and the Union agree that the wage formula, as set out in Appendix AA@ attached hereto, shall be maintained during the term of the Agreement.

 

 

ARTICLE 22   MISCELLANEOUS

 

22.01               Retro Pay

 

Each employee will receive a signing bonus of $200.00 for each year of completed service to a maximum of five (5) years as of date of ratification.  Each employee shall receive an additional lump sum payment of $300.00 for each year of completed service should the Company (Smarte Carte) be awarded the new concession contract pursuant to the Request for Proposals #1018706 issued by the Greater Toronto Airports Authority for the baggage cart business of Lester B. Pearson International Airport.  The lump sum payment shall be made within two (2) weeks of confirmation that the Company (Smarte Carte) has been awarded the new contract.

 

 

ARTICLE 23   BULLETIN BOARD

 

23.01                     Company will provide a glass, locked enclosed Bulletin Board for Union use in all work locations.

 

 

ARTICLE 24   BENEFITS AND PARKING

 

24.01                     Benefits will be provided and maintained for the life of this agreement as outlined in Appendix B.

 

24.02               Employee Parking

 

Employee parking will be provided by the Company at no cost to the employee.

ARTICLE 25   NOTICES

 

25.01                     Any notice in writing which either party gives to the other shall be provided immediately by facsimile and then forwarded by express mail, postage prepaid, addressed as follows:

 

To the Company

 

                   Kay Reissner

                   Human Resources - Director

                   Smarte Carte, Inc.

                    4455 White Bear Parkway

St. Paul, MN        55110

 

                         Phone:1 800 838 1176                  Fax: 1 888 858 5716

 

                        To the Union

 

                    Frank Nardone

President

                     International Association of Machinists & Aerospace Workers

                     Local Lodge 2913

                     2580 Drew Road, Suite 102

                     Mississauga, ON    L4T 3M5

 

Telephone: 905 673 7545 Facsimile: 905 673 8602

 

25.02                     The Company or the Union may change its address for service of notice at any time by notice as set out in Clause 25.01.

 

 

ARTICLE 26   INTERPRETATION

 

26.01                     Unless otherwise stated, the word Aday@ or Adays@ wherever used herein, shall be deemed not to include Saturdays, Sundays, and paid holidays observed by the Company.

 

26.02                     Employees working between the hours of 11:00 pm through 7:00 am or where the majority of their shift falls between these hours will receive the midnight shift premium for all hours worked on such shifts as outlined in Appendix A.

 

 

ARTICLE 27   TERM

 

27.01                     The Agreement shall be in effect from the date of ratification and continue in full force and in effect until March 15^th, 2005 inclusive.  This agreement shall remain in full force and effect while negotiations are being carried on for a new agreement.

 

27.02                     This Agreement shall remain binding until its expiry date and from year to year thereafter, unless notifications in writing to reopen this Agreement is served by either of the parties hereto, such notification to be served not earlier than one hundred and twenty (120) calendar days and no later than sixty (60) calendar days prior to the expiration date.  In the event such notice is given of intended changes, this Agreement shall remain in full force and effect while negotiations are being carried on for a new Agreement.

 

                      IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as below.

 

 

 

 

Dated at _______________________________this _________day of ______________________2002.

 

 

 

                    SMARTE CARTE CANADA, LIMITED                           INTERNATIONAL ASSOCIATION of

MACHINISTS and AEROSPACE WORKERS

 

 

__________________________________                                              ______________________________________

John Carr                                                              Ian Morland

Vice President                                                       Regional Directing General Chairperson

Central Region

 

 

 

 

__________________________________                                              _______________________________________

Kay Reissner                                                        Hassan Osman

Human Resources  - Director                                          Negotiating Committee Member

 

 

 

APPENDIX A

 

WAGES

 

 

 

Customer Service Associate

 

Starting                                    $  7.50

After 6 months                         $  8.00

After 1^st year                            $  8.50

After 2^nd year                           $  9.00

After 3^rd year                           $  9.50

After 4^th year                           $10.00

After 5^th year                           $11.00

 

 

Maintenance Associate

 

Starting                                     $11.00

After 1^st year                            $12.00

After 2^nd year                           $13.00

 

 

Customer Service Associates with more than five (5) years of service shall receive an increase of $0.35 per hour, to be awarded on each anniversary date (i.e. the first increase to be awarded after the completion of the sixth year of service).

 

Leads will receive an additional $2.00 per hour in addition to their regular rate.

 

Temporary upgrades will also receive a $1.00 per hour rate for all hours worked in addition to their regular rate.

 

Employees working a midnight shift (i.e. if the majority of the shift is worked between 11:00 p.m. and 7:00 a.m.) will receive a $1.00 per hour premium for all hours worked.

 

APPENDIX B

 

BENEFITS

 

Eligibility

 

1.       Full time, regular employees (regularly working more than twenty (20) hours per week.

2.       Commences on the first day of the month following the completion of six months of continuous employment.

3.                  Dependents are entitled to coverage.  Dependants are defined as spouse (married, common law, or same sex) and children under the age of 22, or under the age of 25 and a full time student.

Conditions that terminate coverage

4.      Employee is no longer working regular full time hours.

5.                  Employee is on a leave of absence for more than thirty (30) days and has not paid his/her share of the premiums.

6.                  The Employee is on a leave of absence for more than sixty (60) days and has not paid 100% of premiums by the first of the month.

7.                  The Employee=s leave of absence has exceeded six (6) months.

8.                  The Employee has submitted a written request to terminate coverage.

9.                  The Employee has retired.

10.              The Employee has been terminated.

11.              The policy is cancelled.

12.              The Employee dies.

Coverage

 

Current Benefit Plan

 

Basic Life and AD & D Insurance (Premium paid by Company)

 

1.                  One times (1X) annual earnings

2.                  $100,000 overall maximum

3.                  Amounts of Insurance in excess of $81,000 are subject to medical evidence requirements

4.                  Reduces fifty percent (50%) at age 65

5.                  Terminates at age 70 or retirement

 

Dependent Life Insurance (Premiums paid by employee)

 

1.                  $5,000 Spouse

2.                  $2,500 Child

 

Health Care Insurance (Premiums paid %0% by Company / 50% by employee)

 

1.         One hundred percent (100%) Semi-private hospital

2.                  Ninety percent (90%) reimbursement, no deductible (generic) Prescription Drugs (Drug Card)

2.         Eighty percent (80%) reimbursement, Extended Health Care Benefit

3.                  $5,000 per calendar year - Private Duty Nurse

4.                  $500 per practitioner per calendar year - Paramedical Coverage for:

Physiotherapists,                                                                                Naturopaths,                           Acupuncturists

Chiropractors,                                                                                                 Chiropodists,                           Masseurs

Osteopaths,                                                    Podiatrists,

3.         $150 per two (2) calendar years - Vision Care - One hundred percent (100%) no deductible up to $150 exams, glasses, contact lenses

5.                   Emergency Travel Assistance Benefit - for trips less than sixty (60) days - Outside Canada one hundred percent (100%)