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COLLECTIVE AGREEMENTBETWEENLOCAL 4822(Peter Lougheed Centre, Rockyview General Hospital and Central Pharmacy)ANDSODEXO CANADA LTD.November 1, 2020 to April 30, 2022RM/kdb/cope 491
TABLE OF CONTENTSPREAMBLE . 1ARTICLE 1: TERM OF COLLECTIVE AGREEMENT. 1ARTICLE 2: DEFINITIONS . 2ARTICLE 3: CHANGE IN COLLECTIVE AGREEMENT . 3ARTICLE 4: UNION RECOGNITION . 3ARTICLE 5: UNION MEMBERSHIP, SECURITY & CHECKOFF . 4ARTICLE 6: MANAGEMENT RIGHTS . 5ARTICLE 7: DISCRIMINATION . 5ARTICLE 8: OCCUPATIONAL HEALTH & SAFETY . 7ARTICLE 9: JOB CLASSIFICATION . 7ARTICLE 10: BULLETIN BOARDS . 9ARTICLE 11: SHOP STEWARDS. 9ARTICLE 12: GRIEVANCE PROCEDURE . 9ARTICLE 13: PROBATION PERIOD . 13ARTICLE 14: WAGE RATE . 13ARTICLE 15: PAY DAYS . 13ARTICLE 16: HOURS OF WORK . 13ARTICLE 17: OVERTIME . 15ARTICLE 18: CALL-BACK . 16ARTICLE 19: PYRAMIDING . 16ARTICLE 20: RESPONSIBILITY PAY & SHIFT PREMIUM . 16ARTICLE 21: ANNUAL VACATION . 17ARTICLE 22: NAMED HOLIDAYS. 19ARTICLE 23: SICK LEAVE . 20ARTICLE 24: WORKERS’ COMPENSATION . 22ARTICLE 25: HEALTH BENEFITS . 22ARTICLE 26: LEAVE OF ABSENCE . 23ARTICLE 27: BEREAVEMENT . 25ARTICLE 28: UNIFORMS . 26ARTICLE 29: JOB POSTINGS, TRANSFERS & PROMOTIONS. 26ARTICLE 30: DISCIPLINE, DISMISSAL & RESIGNATION . 27ARTICLE 31: SENIORITY . 29ARTICLE 32: LAYOFF & RECALL . 30ARTICLE 33: CASUAL EMPLOYEES . 30ARTICLE 34: VOLUNTARY REGISTERED RETIREMENT SAVINGS PLAN . 32ARTICLE 35: UNION MANAGEMENT COMMITTEE . 32SALARY APPENDIX “A” . 33
Collective Agreement made this 1st day of November 2021betweenSODEXO CANADA LIMITED(hereinafter referred to as the “Employer”)andCANADIAN UNION OF PUBLIC EMPLOYEESLOCAL 4822(hereinafter referred to as the “Union”)PREAMBLEAgreeing that the primary purpose of the Employer is to provide the community withefficient, competent hospital services in the Housekeeping Department, it is the intent ofthe parties to:a) Ensure the provisions of the best possible service;b) Protect the interest of patients, employees and the community;c) Maintain and improve harmonious relations between the Employer and theUnion.d) Recognize the mutual value of joint discussions.e) To have no stoppage of work, or refusal to perform work during the term of thisAgreement.ARTICLE 1: TERM OF COLLECTIVE AGREEMENT1.01Except where otherwise stated in this Collective Agreement, this CollectiveAgreement, including Appendices, unless altered by mutual consent of both parties,shall be in force and effect from November 1, 2020 up to and including April 30,2022 and from year to year thereafter unless amended.Notification of desire to amend this Collective Agreement may be given in writingby either party during the period between sixty (60) days, nor more than onehundred twenty (120) days prior to its expiration date.1.02When either party serves notice of their desire to amend this CollectiveAgreement under Article 1.01, the Negotiating Committees shall exchange anyproposed amendments at the commencement of negotiations.CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20221
1.03This Collective Agreement shall remain in full force and effect until a newCollective Agreement is executed.ARTICLE 2: DEFINITIONS2.01An “Employee” shall mean any employee of the Employer for whom the Unionhas been certified as bargaining agent.a) “Regular Employee” is one who works on a full-time or part-time basis:i) “Full-time Employee” shall mean an employee who is scheduled to workthe hours specified in Article 16: Hours of Work.ii) “Part-time Employee” shall mean an employee who works scheduledshifts pursuant to Article 16.07 provided, however, that such hours workedin any fourteen (14) calendar day period shall be less than thoseestablished for full-time employment.b) “Casual Employee” shall mean an employee who is hired to fill a position(s)made available as a result of a sickness, injury, approved leave of absence,vacation, or Named Holiday, or for a specific job for a period of three (3)months or less. When a casual employee is hired for a specific job, theEmployer shall advise the Union in writing of the casual employee’s name,classification, department, and nature of the assignment. The term ofemployment of such casual employee may exceed three (3) months bymutual agreement in writing between the Employer and the Union. A casualemployee may work either full-time or part-time hours.2.02a) Except as specifically stated otherwise, the provisions of this CollectiveAgreement shall apply to part-time employees.b) Casual employees do not have a continuing employment relationship with theEmployer, and except as specifically stated in Article 33 of this CollectiveAgreement, the provisions of this Collective Agreement shall not apply tocasual employees. The Employer has the right to stop scheduling a Casualemployee due to the employee’s unavailability, unsuitability and/or consistentrefusal of shifts.2.03“Date of Employment” for any purposes in this Agreement shall be the first daythe employee actually worked for the Employer.2.04Where indicated by context or intent of this Collective Agreement, the feminineshall be deemed to include the masculine, and the singular shall be deemed toinclude the plural, and vice versa.2.05“Shift” shall mean a daily tour of duty, excluding overtime hours.CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20222
2.06“Basic Rate of Pay” shall mean the applicable step in the pay range of theemployee’s classification, as set out in Appendix “A” – Rates of Pay.2.07“Pyramiding” means the payment of two (2) or more premiums under differentprovisions of this Collective Agreement for the same hours worked.2.08“Employer” shall mean and include Sodexo Canada Limited.2.09“Union” shall mean the Canadian Union of Public Employees, Local 4822.ARTICLE 3: CHANGE IN COLLECTIVE AGREEMENT3.01Any changes deemed necessary in this Collective Agreement may be made inwriting by mutual agreement between the parties at any time during the existenceof this Collective Agreement, and shall form part of this Collective Agreement.ARTICLE 4: UNION RECOGNITION4.01The Employer recognizes the Union as the sole bargaining agent for theemployees covered by this Collective Agreement as described in Certificate 612007 of the Labour Relations Board, issued pursuant to the Labour RelationsCode and amendments thereto.4.02No employee shall be required or permitted to make any written or verbalagreement, which may be in conflict with the terms of this Collective Agreement.4.03The parties shall exchange lists of designated persons who may generate orreceive correspondence arising out of the administration of this CollectiveAgreement.All correspondence between the parties, arising out of this Agreement orincidental thereto, shall pass to and from the Director of Labour Relations of theemployer or their designate and the Secretary of the Union, with a copy sent tothe Local President and National Representative of the Union.4.04Persons whose jobs are not in the bargaining unit shall not work on a job which isincluded in the bargaining unit, except for purposes of instruction, in anemergency, or when Regular employees are not available and, provided, that theact of performing the aforementioned work does not reduce the hours of work orpay of any Regular employee.4.05The Employer recognizes that the Union may have the assistance of a CUPENational Representative during communications with the Employer, and inexercising its rights as outlined in this Collective Agreement.CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20223
ARTICLE 5: UNION MEMBERSHIP, SECURITY & CHECKOFF5.01Membership in the Union shall be voluntary on the part of each employee. Allemployees covered by this Collective Agreement who are members of the Unionat the time of the signing of this Collective Agreement, or who in the future decideto become members of the Union, shall, as a condition of employment, maintaintheir membership in the Union during the life of this Collective Agreement.5.02The Employer shall deduct from the wages of employees covered by thisCollective Agreement an amount equal to the monthly Union dues in a mannerthat is in keeping with the payroll system in effect for the Employer. Deductionsshall be forwarded to CUPE National no later than the fifteenth (15th) day of thefollowing month in which the dues were deducted. Such deductions shall beaccompanied by a list that shall indicate each employee’s name, employmentstatus and the amount deducted from each employee. A copy of this list shall beforwarded by the Employer to the Secretary Treasurer of Canadian Union ofPublic Employees, Local 4822.The Employer shall deduct from every employee any dues, initiation fees, orassessments levied by the Union on its members.On ratification of this collective agreement, and in accordance with this Article,the Union will be requiring the Employer to deduct from each new employee the 2.00 non-refundable initiation fee and remit monthly with the Union Dues.5.03The Employer will note the individual Union dues deducted and enter the amountof T4 Slips issued for income tax purposes.5.04A representative of the Union shall have the right to make a presentation of up tofifteen (15) minutes at the orientation of new employees with respect to thestructure of the Local, as well as the rights, responsibilities and benefits underthe Collective Agreement; provided, however, that attendance at the presentationshall not be compulsory.5.05The Union shall advise the Employer, in writing, of any change in the amount ofdues to be deducted from the employees covered in this Agreement. Suchnotice shall be communicated to the Employer at least forty-five (45) days prior tothe effective date of change.5.06The Union shall indemnify and hold harmless the Company from any claims,suits, judgments, attachments, and from any form of liability as a result of suchdeductions in accordance with the foregoing authorization; and the Union willrefund direct to all employees from which wrongful deductions was made exceptin the case of a Company error.5.07The Employer shall provide to the Union on a monthly basis, a list of allemployees who fall within the bargaining unit, including name, address, phonenumber and classification. Such list may be remitted electronically to the Union.CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20224
ARTICLE 6: MANAGEMENT RIGHTS6.01Management reserves all rights not specifically restricted by this CollectiveAgreement.6.02Management shall have the exclusive right to direct the work force, and the rightto hire, transfer, lay-off because of lack of work, maintain discipline andefficiency, provided, however, that this shall not be used for the purpose ofdiscriminating against any employee because of his/her membership orlegitimate activities in the Union.6.03The Employer shall have the right to determine the size and composition of itswork force, to introduce new and improved methods, and equipment. Todetermine schedules and type of work and to require adherence to safety rules.6.04The Union recognizes the Employer’s right to discipline/discharge employees forcause. The right to make and enforce reasonable rules and regulations notinconsistent with the terms of this agreement for the purpose of efficiency, safetypractices and discipline.ARTICLE 7: DISCRIMINATION7.01The Employer and the Union agree that there shall not be any discrimination,harassment or abuse against any employee on account of creed, colour,nationality, ancestry or place of origin, political beliefs, gender, sexualpreference, age, or marital status, mental disability or physical disability, orbecause of their connection with trade Union organizations.7.02In accordance with the Employer’s Harassment Free Workplace Policy, theEmployer and the Union are committed to improving the workplace bymaintaining a work environment for all employees which is free from all forms ofharassment. In order to help enhance the dignity and self worth of all employeesthe Employer and the Union are committed to a harassment free workplace. TheEmployer and the Union will not tolerate, ignore or condone workplaceharassment. All employees are responsible for respecting the dignity and rightsof their co-workers.7.03a) Harassment means any objectionable conduct or display by a person(s) thatis directed at an Employee and is disrespectful behaviour or misuse of powersuch as intimidation, threats, coercion or favouritism. It may be a singleincident or a series of incidents.b) Examples of harassment are:1) verbal abuse or threats;2) unwelcome remarks, jokes, innuendoes or taunting about a person’s body,attire, age, marital status, ethnic or national origin, religion, sexuality, etc.;CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20225
3) displaying of pornographic, racist or other offensive or derogatory pictures,cartoons or printed matter;4) practical jokes which cause awkwardness or embarrassment;5) unwelcome invitations or requests, whether indirect, explicit orintimidating;6) leering or other gestures;7) unnecessary physical contact such as touching, patting, pinching orpunching;8) physical assault; and9) bullyingc) Principle of Fair Treatment:The principle of fair treatment is a fundamental one and both the Employerand the Union do not and will not condone any improper behaviour on thepart of any person which would jeopardize an Employee’s dignity and wellbeing and/or undermine work relationships and productivity.d) Shared Responsibility:The Employer and the Union acknowledge a shared responsibility to:1) prevent harassment;2) promote a safe, abuse-free working environment;3) uphold the philosophy of zero tolerance of harassment.e) Cooperation:Employee and the Union representatives will be expected to cooperate withmanagement in identifying situations, reporting promptly and disclosing allinformation in order to facilitate the investigation.f) Policy:The Employer shall ensure a policy is developed in accordance with thisArticle to address the issue of workplace harassment.7.04Attempt to Resolve:a) If an Employee believes that they have been discriminated against orharassed, an Employee should tell the alleged harasser to stop.CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20226
b) If the behaviour does not stop at this point, or if the Employee does not feelable to approach the alleged harasser directly, that the Employee or theUnion should file a formal complaint documenting the event(s) complete withtime, date, location, names of witnesses and details for each event.c) Upon receipt of any verbal or written formal complaint, the Employer shallattempt to resolve it through any means deemed appropriate in the particularcircumstances of the complaint. The Employer must maintain written notes oftheir actions.Failure to resolve shall result in the initiation of a formal investigation orgrievance.ARTICLE 8: OCCUPATIONAL HEALTH & SAFETY8.01It is the Employer’s responsibility to make provisions for the health and safety ofthe employees during the hours of their employment and to provide direction andinstruction in the safe performance of their duties. The Employer shall implementits Health & Safety Program in cooperation with the employees and the Union.The Employer shall comply with all applicable health and safety environmentallegislation and regulations in effect on the effective date of this Agreement, asminimum standards. Specifically, this implementation shall include:a) The formation of a joint Health & Safety Committee which shall include Unionrepresentation. The Union shall appoint a Union representative who isscheduled to work Monday to Friday on either the day or evening shift.b) Exchange of information designed to facilitate the maintenance of a safe andhealthy work place.8.02A fully stocked first aid kit shall be provided by the Employer in the HousekeepingOffice at each work site.ARTICLE 9: JOB CLASSIFICATION9.01Classification CriteriaThe Employer shall provide classification criteria for all classifications listed inAppendix “A” – Rates of Pay9.02In the event that the Employer creates a new classification or changes an existingclassification which is within the scope of the bargaining unit in accordance withArticle 4, the following will occur:a) Employer shall provide classification criteria for the new or changedclassifications to the Union;CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 20227
b) The basic rate of pay for the new or changed classifications shall beestablished by the Employer;c) The Employer shall notify the Union of the basic rate of pay for the new orchanged classifications as established by the Employer;d) In the event that the basic rate of pay for the new or changed classificationsestablished by the Employer is not acceptable to the Union, within thirty (30)calendar days from the date they received notification of same, the Unionshall notify the Employer that they wish to negotiate the basic rate of pay forthe new classification established by the Employer.e) Within thirty (30) calendar days the Employer and the Union shall
CUPE L4822 & SODEXO CANADA LTD. - NOV 1, 2020 TO APR 30, 2022 2 . 1.03 This Collective Agreement shall remain in full force and effect until a new Collective Agreement is executed. ARTICLE 2: DEFINITIONS . 2.01 An “Employee” shall mean any employee of the Employer f
