Transcription
ATLANTIC CANADA AND HALIFAXCOLLECTIVE AGREEMENTBetween:SECURITAS TRANSPORT AVIATION SECURITY Ltd.Hereinafter called "The Company"and :UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY,ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNIONLOCALS 9342 & 5319(United Steelworkers)Hereinafter called ''the Union"14888 (02)
TABLE OF CONTENTSARTICLE 1 - PURPOSE OF AGREEMENTARTICLE 2- DEFINITIONS.ARTICLE 3- RECOGNITION AND JURISDICTIONARTICLE 4- No 01scR1M1NATION-.8.10. 12. 13. .15. . 1619.ARTICLE 15 - ANNUAL VACATIONARTICLE 16- PAID HOLIDAYS.24.25. 26.2829.ARTICLE 19- BULLETIN BOARDS19.20.ARTICLE 17 - LEAVE OF ABSENCE.ARTICLE 18- HEALTH AND SAFETY. .ARTICLE 21 - TRAINING AND EQUIPMENT-57ARTICLE 14 - HOURS OF WORK AND OVERTIMEARTICLE 20 - NOTICES.ARTICLE 11- SENIORITYARTICLE 13 - WAGES.ARTICLE 9- GRIEVANCE PROCEDUREARTICLE 12- UNIFORMS3.DISCHARGE AND DISCIPLINARY PROCEDUREARTICLE 1 0 - ARBITRATION3.6ARTICLE 8- UNION REPRESENTATIVESARTICLE 22.ARTICLE 5 - MANAGEMENT RIGHTSARTICLE 6- UNION SECURITYARTICLE 7.2930BENEFIT PLAN .33ARTICLE 23- LABOUR MANAGEMENT COMMITTEEARTICLE 25 - PENSION PLANSCHEDULE "A''.ARTICLE 24- GENERAL PROVISIONSARTICLE 26- DURATION.33.343435.36. 38LETTER OF UNDERSTANDING# 1.LETTER OF UNDERSTANDING# 2.LETTER OF UNDERSTANDING# 3.LETTER OF UNDERSTANDING# 4. . .39. 41.LETTER OF UNDERSTANDING# 6.LETTER OF UNDERSTANDING# 5.42.41.42.45LETTER OF UNDERSTANDING# 7.LETTER OF UNDERSTANDING# 8. .LETTER OF UNDERSTANDING# 9 . . . . .44.50.51.LETTER OF UNDERSTANDING# 11. .46.LETTER OF UNDERSTANDING# 10.LETTER OF UNDERSTANDING# 12 .512
ARTICLE 1-PURPOSE OF AGREEMENT1.01The purpose of this agreement is to establish orderly relations betweenthe Company and the employees and their respective representatives, incompliance with the laws, authority, rights and obligations of the parties.1 .02Wherever the masculine is used herein it shall also mean to include thefeminine and the singular shall include the plural.ARTICLE 2-DEFINITIONS2.00Wherever it is used throughout this Agreement, the term:2.01"Steward" shall mean any employee employed by the Company selectedor otherwise appointed by the Union to represent employees;2.02"Employee" shall mean any person that holds a position covered by thiscollective agreement, including any person on the recall list;2.03"Grievance" shall mean any dispute or difference between one or moreemployees and/or the Union on the one hand, and the Company on theother, respecting terms or conditions of employment or the rights,privileges or duties of the employee or employees, the Union or theCompany, and, without restricting the generality of the foregoing, includingany question of the interpretation, application, administration or allegedviolation of, or alleged non-compliance with, any of the provisions of thisAgreement, the Canada Labour Code or the Human Rights Legislation;2.04"International Union" shall mean the United Steelworkers;2.05"Lay-off" shall mean a reduction in the total number of employeesemployed;2.06"Lock-out" includes the closing of the place of employment, a suspensionof work or the refusal by the Company to continue to employ a number oftheir employees, done to compel their employees, or to aid anotheremployer to compel that other employer's employees, to agree to terms orconditions of employment;2.07"Length of service" shall mean the time actually worked in the employmentof the Company from last date of hire. Lay-off during which seniorityaccumulates, approved leaves of absence and periods of absence due toillness, accident, lawful strike or lock-out, vacation and paid holiday shallbe considered time worked in computing length of service;3
2.08"Standard hourly rate" shall mean the hourly rate of pay, excluding of allovertime and other premiums as set out in schedule A;2.09"Strike" includes a cessation of work or a refusal to work or to continue towork by employees, in combination, in concert or in accordance with acommon understanding, and a slowdown of work or other concertedactivity on the part of employees in relation to their work that is designatedto restrict or limit output;2.1 0"Local Union" shall mean the United Steelworkers, Local 531 9 & 9342;2.1 1"Screening Officer (SO)" shall mean any employee of the Companyemployed for the purpose of screening;2.12"Place of employment" shall mean assigned work site;2.13"Pay period" shall mean the two (2) week period commencing on Friday00:01 which will remain in force for the term of this Agreement unlesschanged by mutual agreement;2. 1 4For benefits purposes a "Full-time employee" shall mean an individual whois scheduled to work on a regular basis of thirty (30) hours or more perweek;2.1 5For benefits purposes a "Part-Time employee" shall mean an employeewho is scheduled to (0-29) hours per week;2.16"CATSA" shall mean the Canadian Air Transport Security Authority;2.17The maximum number of Part-time employees shall not exceed twenty five percent (25%) of the workforce at any airport;2.18"Screening Checkpoint Coordinator" shall mean an employee whoseduties include overseeing screening officers performance, mentoring,providing advice (i.e. Security Notices, CATSA Operations Bulletins),performing technology procedures, alarm resolution, on-job-training,ongoing and refresher training and promoting a team work approach.Evaluations concerning on-job-training are to be completed to helppromote/coach employees to excel in their position.4
ARTICLE 3-RECOGNITION AND JURISDICTION3.01The Union is recognized as the sole and exclusive bargaining agent for allscreeners employed by Securitas Transport Aviation Security Ltd., its'assigns or successors in Halifax & Sydney, Nova Scotia, Moncton,Fredericton, Bathurst, & Saint John, New Brunswick and Charlottetown,PEI, St. John's, Deer Lake, Stephenville, Wabush, Goose Bay, Gander,St. Anthony & Churchill Falls, Newfoundland and Labrador, save andexcept those who have been excluded by virtue of the certification ordersof the Canada Labour Relations Board.3.02An employee awarded a position excluded from the bargaining unit shallbe on probation for a period of ninety (90) calendar days in total from thefirst day of leaving the bargaining unit. In the event that the Company orthe employee determines (within the ninety day period) that the employeeis not suited for the position he shall be allowed to return to the bargainingunit. The Company agrees to deduct union dues as contained in Article 6of this agreement and to remit them to the Union during the ninety dayperiod. After the probationary period an employee may return to thebargaining unit as a new employee without seniority. These time framesmay be extended upon mutual agreement by both parties.An employee has the right to use this Clause only once during the life ofthis agreement.3.03No employee shall be laid off because of sub-contracting.3.04The Company agrees not to enter into any agreement or contract with theemployees covered by this agreement, individually or collectively, which inany way conflicts with the terms and provisions of this agreement or anystatute of the Province of Nova Scotia, New Brunswick, Prince EdwardIsland, Newfoundland and Labrador and Canada. Any such agreement willbe null and void.3.05a)This agreement shall be binding upon the parties hereto, their successors,administrators, executors and assigns. In the event that an airport coveredunder the Atlantic Agreement in whole or in part is sold, leased,transferred or taken over by sale, transfer, lease assignment, receivershipor bankruptcy proceeding, such contract and related operations shallcontinue to be subject to the terms and conditions of this agreement forthe life thereof.b)It is understood by this section that the parties hereto shall not use anyleasing device to a third party to evade this contract. The Company shallgive notice of the existence of this agreement to any purchaser,transferee, lessee, assignee, etc., of the operation covered by this5
agreement. Such notice shall be in writing with a copy to the Union, notlater than sixty (60) days prior to the effective date of sale where possiblewithin the legal context of the deal.3.06ARTICLE 4The Company shall not cause or direct any lockout of employees duringthe life of this agreement and neither the Union shall in any way authorize,encourage or participate in a strike, walkout or suspension of work againstthe Company.-No DISCRIMINATION4.01Harassment can be defined as any action (verbal, psychological orphysical) on a single or repeated basis which humiliates, insults ordegrades and is known or ought reasonably to be known to be unwelcomeby the victim of the harassment.4.02The Company and the Union agree not to discriminate against anyemployee because of his race, language, belief, colour, sex, sexualorientation, ethnic origin, political opinion, physical disability, Unionmembership or Union activities or any other group prescribed by Jaw.4.03The Company and. the Union agree to abide by the provisions of theCanadian Human Rights code, which is incorporated herein by reference.4.04Harassment in whatever form will not be tolerated. The Company and theUnion shall take all reasonable steps to maintain a working environmentwhich is free from harassment.4.05For the purposes of this Article, "Sexual Harassment" includes:a)Unwanted sexual attention of a persistent or abusive nature, madeby a person who knows or ought reasonably to know that suchattention is unwanted; orb)Implied or expressed promise of reward for complying with asexually oriented request; orc)Implied or expressed threat or reprisal, in the form either of actualreprisal or the denial of opportunity, for refusal to comply with asexually oriented request; ord)Repeated sexually oriented remarks and/or behaviour which mayreasonably be perceived to create a negative psychological and/oremotional environment.6
4.06For the purpose of this Clause, "racial harassment" includes engaging in acourse of comment or conduct that is known or ought reasonably to beknown to be unwelcome where such comment or conduct consists ofwords or action by the Company, or a co-worker in the bargaining unit,which disrespects or causes humiliation to a bargaining unit employeebecause of his/her race, colour, creed, ancestry, place of origin or ethnicorigin.4.07Where an alleged breach of this Article has occurred, the aggrievedemployee (complainant) may initiate a grievance at Step 2 of thegrievance procedure.4.08Securitas Transport Aviation Security Ltd will provide anti-harassmenttraining developed and offered in collaboration with the Union. Employeeswill be paid at straight time rates for attending such training.ARTICLE 5-MANAGEMENT RIGHTS5.01The Union recognizes that it is the function of Management to manage theaffairs of the business and to direct and schedule the working forces of theCompany.5.02Such management function shall be:a)To maintain discipline of employees, including the right to makereasonable rules and regulations, provided, however, that anydispute involving claims of discrimination, inequity or unfairnessagainst any employee is the subject to the grievance procedure ofthis Agreement;b)To discharge, discipline or demote employees for just andreasonable cause. To hire, transfer, promote and to assignemployees to shifts, provided the seniority provisions of thisAgreement are observed and provided demotion shall not be usedas a disciplinary measure;c)To provide verbal and/or written coaching and mentoring ofemployees when appropriate to ensure deficiencies are identifiedto the employee and provide an opportunity to correct deficienciesprior to implementing discipline as per the collective agreementArticle 7. All verbal and/or written coaching and mentoring shall beremoved from the employee's record six (6) months from the dateof the incident.7
5.03The Company shall not exercise its rights to direct the working force in adiscriminatory, inequitable or unfair manner.5.04The rights reserved to management herein are subject to the otherprovisions of this Agreement and shall be exercised in a manner that isfair, reasonable and consistent with the terms of the Agreement.5.05Employees not covered by this agreement shall not do work normallydone by the employees covered by this agreement except:ARTICLE 6a)In cases of emergency;b)In cases of training of employees.-UNION SECURITY6.01Membership It shall be a condition of employment that every employeemust become and remain a member of the Union in good standingeffective his/her date of employment.6.02Union Dues The Company shall deduct Union dues including, whereapplicable, initiation fees and assessments, on a bi-weekly basis, from thewages of each employee covered by this agreement. The amount of duesshall be calculated in accordance with the Union's Constitution.--·The Union will provide the Company with written confirmation of suchdues, fees or other deductions.6.03All dues, initiation fees and assessments shall be remitted to the Unionforthwith and in any event no later than fifteen (1 5) days following the lastday of the month in which the remittance is deducted. The remittance shallbe sent to the United Steelworkers, P.O. Box 9083, Commerce CourtPostal Station, Toronto, Ontario, M5L 1 K1 in such form as shall bedirected by the Union to the Company along with a completed DuesRemittance Form R-1 1 5. A copy of the Dues Remittance Form R-1 1 5 willalso be sent to the Atlantic Provinces Union office at 236 St. George St.,Suite 3 1 8, Moncton, NB, E 1 C 1 W 1 .6.04The remittance and the R-1 1 5 form shall be accompanied by a statementcontaining the following information:a)A list of the names of all employees from whom dues were deductedand the amount of dues deducted;8
b)A list of the names of all employees from whom no deductions havebeen made and reasons;c)This information shall be sent to both Union addresses identified inArticle 6.03 in such form as shall direct by the Union to the Company.6.05T-4 Slips6.06New EmployeesAt the hiring date of each new employee, theCompany shall give him a copy of the collective agreement and abrochure on group insurance and enrolment cards for benefits andpension. The employee will be given a minimum of thirty (30) minutes anda maximum of one (1 ) hour paid orientation meeting with the Union. Thismeeting will be held during the first scheduled shift of OJT.6.07The Company shall contribute fifteen hundred dollars ( 1 ,500.00) toLocals 531 9 & 9342 respectively, per calendar year towards the Union'sEducation Fund.6.08For the purpose of international aid and development, the Companyagrees to deduct on a bi-weekly basis the amount of one cent (1 ) perhour from the wages of all employees in the bargaining unit for all hoursworked to a maximum of forty (40) straight time hours per week, and on abi-weekly basis, to pay the amount so deducted to the "Humanity Fund"and to forward such payment to:The Company, when preparing T-4 slips for the employees,will enter the amount of Union dues paid by the employee during theprevious year.--United Steelworkers of AmericaNational Office234 Eglinton Avenue E., 7th FloorToronto, OntarioM4P 1 K7and to advise in writing both the Humanity Fund at the aforementionedaddress and the Local Union that such payment has been made, theamount of such payment and the names of all employees in thebargaining unit on whose behalf such payment has been made.The first Humanity Fund deduction as aforesaid shall be the fifth (5th) weekfollowing the ratification of this Agreement.It is understood and agreed that participation by any employee in thebargaining unit in the program of deductions set forth above may bediscontinued by any employee in the bargaining unit after the receipt bythe Company and the Local Union of that employee's written statement of9
his desire to discontinue such deductions from his pay which may bereceived during the four (4) weeks following ratification of the Agreementor at any time thereafter.It is agreed that the total for each employee's yearly deduction will beentered in Box 46 (Charitable Contribution) of the Revenue Canada T-4slip for the year it has been deducted. For this purpose, the payrolldepartment will note the following Charitable Donation number for the"Humanity
2.08 "Standard hourly rate" shall mean the hourly rate of pay, excluding of all . calendar days in total from the first day of leaving the bargaining unit. In the event that the Company or the employee determines (within the ninety day period) that the employee . 4.08 Securitas Tra
