Question: Article I. Recognition Section 1.1 The Company recognizes the Union as the sole and exclusive bargaining agent for all employees of Coastal Corps Ltd. employed
Article I. Recognition Section 1.1 The Company recognizes the Union as the sole and exclusive bargaining agent for all employees of Coastal Corps Ltd. employed at, and in connection with, its operations on 1968 West Avenue, St. Johns, save and except office employees, human resources management staff, security guards, supervisors and managers. Section 1.2 The Company agrees to deduct union dues from each pay cheque for all employees covered by this agreement and remit them to the union on the last day of each month. Article II. Management Rights Section 2.1 The Union recognizes that the Company has the exclusive right to manage the business and to exercise such right without restriction, save and except such prerogatives of management as may be specifically modified by the terms and conditions of this Agreement. Section 2.2 The Union recognizes that the Company has the right to discipline and discharge employees for just cause. Article III. Hours of Work Section 3.1 The normal work hours for all employees shall be eight (8) hours per day and forty (40) hours per week, Monday to Friday. Section 3.2 All time worked by an employee in excess of eight (8) hours per day or forty (40) hours per week, and all time worked on weekends, shall be paid for at an overtime rate of one and one-half times the normal hourly rate. All overtime is voluntary. Section 3.3 Employees who work the second shift will receive a shift premium of $1.50 per hour worked. Article IV. Seniority, Layoffs Section 4.1 An employees seniority rights shall be measured on a location-wide basis, starting from the first day or hour worked. Section 4.2 In the event of a layoff, employees with the least seniority will be laid off first, and employees with the most seniority will be retained, subject to their ability to perform the available work without being trained. Section 4.3 In the event of layoff, the Company will provide a severance payment equal to three (3) weeks base pay plus an additional one (1) weeks pay per year of service. Article V. Vacancies, New Jobs, Promotions, Etc. Section 5.1 The Company shall post vacancies or new job openings on designated bulletin boards. Such postings shall include a statement of the required job qualifications, wage rate, and any other pertinent information. Interested applicants shall submit written bids to the Companys Human Resources Department. The job shall be awarded to the most senior applicant provided that he or she meets the qualifications on the job posting. Article VI. Committees Section 6.1 The parties agree to the establishment of a Joint Labour/Management Committee composed of an equal number of representatives of the Company and the Union. The purpose of this Committee will be to provide a means of communication over any matter affecting the interests of either party to this Agreement. The Company may follow the recommendations of the Joint Committee. However, the final decision rests with management. Section 6.2 The parties agree to the establishment of an Occupational Health and Safety Committee consistent with the requirements of provincial legislation. Article VII. Wages Section 7.1 The following rates of pay will be operative for the duration of this agreement: Table3.png Section 7.2 All employees shall receive pay increases of $0.25 per hour six months after employment in their job grade, and every six months thereafter, until they reach the maximum rate of pay for their job grade. Article VIII. Health Plan Section 8.1 The parties agree to the creation of a Health Plan covering absence due to illness, dental care, eye care, life insurance, and supplementary healthcare needs (i.e., hospitalization and prescription drugs). Section 8.2 The Company agrees to reimburse employees seventy percent (70%) of all costs incurred in respect of Section 8.1 above. Article IX. Retirement Fund Section 9.1 The Company agrees to place 4 percent of each employees base annual salary, excluding any overtime or shift premiums, into a retirement fund for that employee. This cost is incurred solely by the Company. Employees can opt to match this contribution by investing up to 4 percent of base annual salary in their fund. Section 9.2 When the employees retire, they will receive the entire amount invested per Section 9.1 on their behalf. Article X. Vacation Section 10.1 Each employee who has been with the Company for a full year will receive paid vacation as follows: table4.png Section 10.2 Employees with less than one (1) year of service will receive one (1) day of vacation per month of service, to a maximum of ten (10) days. Article XI. Grievance Section 11.1 It is understood that employees (with or without the assistance of the shop steward) may bring a complaint to their immediate supervisor in an attempt to settle the issue at any time without filing a formal grievance. Section 11.2 The formal grievance process will be as follows: Step 1: The employee will (with a shop steward) present a written grievance to his/her supervisor. The supervisor will have ten (10) workdays to investigate the situation and respond. If the grievance is not satisfactorily resolved, it moves to Step 2. Step 2: The grievance is presented to the department manager by the chief shop steward. The department manager will have ten (10) workdays to respond to the grievance. If the grievance is not satisfactorily resolved, it moves to Step 3. Step 3: The grievance is presented to the General Manager and Union Local President. The General Manager will have ten (10) workdays to respond to the grievance. If the grievance is not satisfactorily resolved, it moves to Step 4. Step 4: The grievance is presented to the Vice-President of Employment Relations by the President of the National Union (or delegate). The Vice-President will have ten (10) workdays to respond to the grievance. If the grievance is not satisfactorily resolved, it moves to arbitration and follows the current process outlined by the provincial labour relations act. Article XII. Progressive Discipline Section 12.1 The Company and the Union believe in the practice of progressive discipline. Prior to formal progressive disciplinary action taking place, the employee may receive a verbal counselling from his/her supervisor. The employee has the right to union representation during this counselling. The only documentation of this meeting will be the time, date, and nature of the discussion. This will be placed in the supervisors file and will be moved to the employees human resources file only if progressive discipline steps are taken within twenty-four (24) months of this counselling. Section 12.2 The normal progression of progressive discipline shall be as follows: Step 1: Written Warning Step 2: Suspension Step 3: Discharge Section 12.3 It is understood that certain offences will result in a faster progression through the progressive discipline process outlined in Section 12.2. Section 12.4 Copies of all written warnings, suspensions, and discharges must be given to the employee (in the presence of a union representative). Copies will also be placed in the employees human resources file. All documentation concerning progressive discipline must be removed from the employees file after a period of twenty-four (24) months if no other disciplinary action occurs. Article XIII. Duration Section 13.1 This agreement shall be effective May 31, 2016, and will remain in force until May 31, 2019; thereafter, it shall be automatically renewed from time to time for further periods of one year unless either party, at least sixty (60) days prior to May 31, 2019, or any subsequent expiration date, serves on the other party written notice of its desire to terminate or amend the Agreement. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on this 31 day of May 2016. For the Company Ryan Byrne_____________________________________________ Samantha Kumar ________________________________________ Paul OKane _____________________________________________ Alexandra Scott __________________________________________ For the Union Megan Collis ___________________________________________ Nina Gonzalez __________________________________________ Mark McCracken ________________________________________ Adam Smith ____________________________________________ Memorandum of Settlement Between Coastal Crops Ltd. & United Agricultural Workers of Canada (Local 101) The parties agree as follows (use additional pages if necessary): ARTICLE I. Recognition ARTICLE II. Management Rights ARTICLE III. Hours of Work ARTICLE IV. Seniority, Layoffs, Etc. ARTICLE V. Vacancies, New Jobs, Promotions, Etc. ARTICLE VI. Committees ARTICLE VII. Wages ARTICLE VIII. Health Plan ARTICLE IX. Retirement ARTICLE X. Vacation ARTICLE XI. Grievance ARTICLE XII. Progressive Discipline ARTICLE XIII. Duration Signatures: COMPANY UNION __________________________
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