Common use of AND COVERAGE Clause in Contracts

AND COVERAGE. The Board recognizes the Canadian Union of Public Employees as the exclusive bargaining agent for all employees engaged in facility services, services and maintenance services save and except supervisors and those above the rank of health and safety It is understood that no student will be employed which will the layoff of a regular employee nor will such student be employed while any regular employee who is qualified and willing to the work in question is on Worker A worker is: A person employed for the purpose of replacing an employee absent due to sickness, accident or other approved absence leave. A temporary worker employed the purpose of replacing an employee due to the reasons stated above may be engaged for duration of the absence of the permanent employee so long as permanent employee retains their right to return to the position from they are absent. A person employed for the purpose of performing temporary assignment of up to sixty days worked. The length the assignment within the sixty day limit shall be at the sole discretion ofthe Board. An extension of this may be made by mutual agreement of the Union and the Board. workers not be entitled to the of seniority or employee benefits in excess of what is stipulated by the Employment Standards Act. A temporary vacancy of sixty days or longer must be posted within the bargaining unit. Only the by the initial leave request will be posted, by: Committee The Parties agree to form a Management Committee consisting of up to four (4) representatives from' each Party. This Committee shall meet as mutually by the to discuss matters of mutual This Committee shall not by-pass Grievance Procedure or supersede the Collective Agreement. The Management will be responsible for recording agreed matters and any commitments either Party, and these to the representatives on the Committee. Each of the hereto agree that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any because of membership of non-membership in the Union or any prohibited grounds under the Ontario Human Rights Code. DUES All correspondence either party to the other, out of incidental to this Agreement shell be to the Superintendent responsible for Human Resources or designate or to the Recording Secretary Union). The Board will advise the Union of the names and addresses of all new employees within thirty (30) days of their employment. The Board shall deduct regular union dues from employees on every pay. All sums deducted pursuant to Section will be to the Treasurer of Local later than the day the month following, accompanied by a list in duplicate ofemployees and their addresses in respect of deductions have made. The union shall indemnify and hold the Board any claims, suits, attachments and any of liability as a result of authorized by the Union. Seniority for employees the bargaining unit will be calculated to according to the seniority in relevant predecessor collective agreement. The seniority as at December will be to hours and blended together to form one seniority list. January will be per Article herein. Upon of the list, the be distributed as per Seniority is defined as the total regular paid hours in a permanent position in the unit and shall include with the Board or one of the Boards prior to or recognition the Union as determined by the blended list above. by: 277; Seniority will continue to if an employee: IS on any period of leave of absence a is any period of paid sick protection is on any period ofpaid vacation or in receipt of vacation pay is an any period of (upto a limit of twenty-four (24) months) is on any period of (up to a limit of (24) months) is on leave is on any period of approved unpaid leave of absence for purposes, Seniority will be maintained but not if an employee: laid offfar than twenty-four (24) months is on a trial period of an out of scope position is on in excess of (24) months is on in of (24) months a is awarded a position outside the bargaining unit for the first six (6) of is on an approved unpaid leave of Seniority and other rights contained the agreement shall cease and employment be considered terminated in the event that any of the following applies to the employee: is discharged for just cause and is not reinstated resigns in writing and does not withdraw in within two (2) working is laid off for a period of (24) months fails to report to work scheduled at the end an approved leave absence, layoff suspension without a reasonable explanation given in a is absent an approved leave without a explanation given Seniority lists will be issued by the Board to the Union's Secretary and each employee by February of each year the and classification of all employees up to and December of the previous year, seniority list shall be sent to and posted in each work site. one month of the posting of the seniority list, the Union and the Board will meet io approve the seniority list. Upon written request, further seniority shall be supplied to the Union's Secretary, by: 277; New hired to a permanent position shall be on probation first fifty days worked (exclusive of worked during July and August) and' during that period shall have no seniority rights. Notwithstanding the foregoing. any employee who has worked (50) days as a Worker shall on probation for thirty (30) days worked and during that period shall have no seniority rights. The probationary period may be extended for twenty (20) days worked. Such extension is to be mutually agreed upon by the Parties. Upon successful of the probationary period, seniority shall be to the date of hire to permanent position. During the probationary period the employer shall have the right to discipline, demote, discharge or lay off a probationary employee and probationary employee shall have to the Grievance Procedure, It is understood by the that, for the purposes of the above, a standard will apply to a probationary employee than to an employee who has completed their probationary period. If an employee is awarded a position outside the bargaining unit and returns to the bargaining unit six months, the seniority would resume effective with the date of their return to the bargaining unit. If the employee returns to the bargaining unit after six months, the employee returns to the bargaining unit with no accumulated seniority. of the employee to the bargaining unit shall not result in the lay-off or displacement of any bargaining unit member. two (2) weeks the employer will any or new position which in any occupation corning within the scope of this Agreement. In extenuating circumstances, employer can postpone the filling of a vacancy with the consent of the union. the employer not to fill a vacancy, the union shall be notified in writing. The vacancy will be posted in all work sites for at least (5) days to the filling of such positions, in order that all employees will of the vacancies new positions and be able to make written application the Human Department at the Education Centre. employees, employees on approved leave of absence, or otherwise absent fromwork, register,in writing, in advance, their interest in applying an anticipated posting. A job posting shall the following information: current nature of length of work required and education, skills, shift, regular hours of work, wage or salary rate or range. The Union shall be notified of all promotions, demotions, hiring, layoffs, transfers, recalls, retirements or other terminations employment of employees within the scope of this Agreement. AIS applicants will be advised Sent by: 277; 05/14/01 Page 8/32 In filling any vacancy or new position pursuant Article the criteria shall (a) and ability, seniority

AND COVERAGE. The Board Corporation recognizes the Canadian Union of Public Employees as the exclusive bargaining agent for all employees engaged of the City of Brantford set forth in facility servicesSchedule "A" attached hereto, services and maintenance services save and except supervisors and those Deputy Department Heads, persons above the rank of health Deputy Department Heads, City Tax Collector, Accounting Supervisor, Professional Engineers, Ontario Land Surveyor, Purchasing Officer, Secretary to the Secretary to the Mayor, Secretary to the City Engineer, Data Processing Officer, Chief Building Official, Manager Child Care Services, Supervisor Child Care Services and safety employees of the Human Resources Department. It is understood that no student will be employed which will only full-time employees in the layoff of a regular employee nor will such student be employed while any regular employee who is qualified and willing to the work classifications in question is on Worker Schedule " A worker is: A person employed for the purpose of replacing an employee absent due to sickness, accident or other approved absence leave. A temporary worker employed the purpose of replacing an employee due to the reasons stated above may be engaged for duration of the absence of the permanent employee so long as permanent employee retains their right to return to the position from they are absent. A person employed for the purpose of performing temporary assignment of up to sixty days worked. The length the assignment within the sixty day limit shall be at the sole discretion ofthe Board. An extension of this may be made by mutual agreement of the Union and the Board. workers not be entitled to the of seniority or employee benefits included in excess of what is stipulated by the Employment Standards Act. A temporary vacancy of sixty days or longer must be posted within the bargaining unit. Only the by the initial leave request will be posted, by: Committee The Parties agree to form a Management Committee consisting of up to four (4) representatives from' each Party. This Committee shall meet as mutually by the to discuss matters of mutual This Committee shall Full-time does not by-pass Grievance Procedure or supersede the Collective Agreement. The Management will be responsible for recording agreed matters and any commitments either Party, and these to the representatives on the Committee. Each of the hereto agree that there will be no discrimination, interference, restraint or coercion exercised or practiced upon any because of membership of non-membership in the Union or any prohibited grounds under the Ontario Human Rights Code. DUES All correspondence either party to the other, out of incidental to this Agreement shell be to the Superintendent responsible for Human Resources or designate or to the Recording Secretary Union). The Board will advise the Union of the names and addresses of all new include employees within thirty (30) days of their employment. The Board shall deduct regular union dues from employees on every pay. All sums deducted pursuant to Section will be to the Treasurer of Local later than the day the month following, accompanied by a list in duplicate ofemployees and their addresses in respect of deductions have made. The union shall indemnify and hold the Board any claims, suits, attachments and any of liability as a result of authorized by the Union. Seniority for employees the bargaining unit will be calculated to according to the seniority in relevant predecessor collective agreement. The seniority as at December will be to hours and blended together to form one seniority list. January will be per Article herein. Upon of the list, the be distributed as per Seniority is defined as the total regular paid hours in a permanent position in the unit and shall include with the Board or one of the Boards prior to or recognition the Union as determined by the blended list above. by: 277; Seniority will continue to if an employee: IS on any period of leave of absence a is any period of paid sick protection is on any period ofpaid vacation or in receipt of vacation pay is an any period of (upto a limit of who work twenty-four (24) months) is on any period hours or less per week. The parties agree that: Students will become members of (up to a limit of (24) months) is on leave is on any period of approved unpaid leave of absence for purposes, Seniority will be maintained but not if an employee: laid offfar than twenty-four (24) months is on a trial period of an out of scope position is on in excess of (24) months is on in of (24) months a is awarded a position outside the bargaining unit for the first six (6) of is on an approved unpaid leave of Seniority and other rights contained the agreement shall cease and employment be considered terminated in the event that any of the following applies to the employee: is discharged for just cause and is not reinstated resigns in writing and does not withdraw in within two (2) working is laid off for a period of (24) months fails to report to work scheduled at the end an approved leave absence, layoff suspension without a reasonable explanation given in a is absent an approved leave without a explanation given Seniority lists will be issued by the Board to the Union's Secretary and each employee by February of each year the and classification of all employees up to and December of the previous year, seniority list shall be sent to and posted in each work site. one month of the posting of the seniority list, the Union and will pay Union Dues and/or assessments as advised by the Board Union upon commencement of employment. Local City Hall Unit Collective Agreement Page Students will meet io approve be hired for their specific work term or vacation period and shall not acquire seniority during their employment. Students, except as otherwise specified, shall be paid in accordance with the schedule of rates attached hereto as Schedule The Union recognizes the right of the Employer to assign students such work as may from time to time become available provided that such students shall not be hired to replace regular employees on the seniority listlist or to substitute for seniority positions when they become vacant except as otherwise provided herein. Upon written requestIt is agreed by the parties that students are hired to complement the staff and work generally under the guidance of regular union and/or non-union staff. When Construction Inspector become available on a temporary basis and the employees regularly performing the position of Surveyor's Assistant indicate a preference, further the City Engineer agrees to give such employees first consideration over students, as well as in filling resulting vacated positions, provided that such employees are capable and qualified. Should such temporary take place, the provisions of Article shall apply and the Employer may proceed to assign students to fill the balance of the positions as well as the resulting temporarily vacated positions. It is understood that upon completion of the temporary transfer, the regular employee shall revert to former classification and position. Students who are assigned to perform the inspection duties on construction projects (other than street cut inspection), shall receive no less than the minimum rate of work term as listed for University students in Schedule (non-clerical). Employees hired for a specific Government Subsidized Program shall not serve a probationary period and shall not acquire seniority shall during their employment. The terms and conditions as set forth for each particular program will be supplied detailed in a Letter of Understanding to the Union's SecretaryPresident and Unit Chairperson, by: 277; New hired to a permanent position shall be on probation first fifty days worked (exclusive of worked during July and August) and' during that period shall have no seniority rights. Notwithstanding the foregoing. any employee who has worked (50) days as a Worker shall on probation for thirty (30) days worked and during that period shall have no seniority rights. The probationary period may be extended for twenty (20) days worked. Such extension is to which will be mutually agreed upon to by the Partiesparties. Upon successful of the probationary period, seniority shall be to the date of hire to permanent position. During the probationary period the employer Employees shall have the right to disciplinegrieve from the first day of hire under the provisions of the Grievance Procedure as in Article of the Collective Agreement with respect to matters of monetary, demote, discharge disciplinary or lay off a probationary employee and probationary employee shall have dismissal. The participation in benefits will be subject to the Grievance Procedure, It is understood by terms of the that, particular Government Subsidized Program and participation will be subject to the conditions of this Collective Agreement. Employees hired under these programs shall not be hired to replace regular employees on the Seniority List. Clerical employees hired for a specific Government subsidized program shall be paid no less than the minimum rate of Level Salary Schedule Local City Hall Unit Collective Agreement Page The union to be forwarded copies of the Corporation's application for program funding and terms of reference for the purposes program. The union will be provided with notification of the names of employees hired under Government Subsidized Programs. The term "employee" or "employees", as used in this Agreement, unless it is clearly specified otherwise, shall mean only those employees who are included in the bargaining unit as described above. No member of management shall perform the duties of positions performed by employees covered by this Agreement, save and except for a standard will apply to a probationary employee period of no longer than to an employee thirty (30) working days in cases of emergency, during periods of instruction, or when employees normally performing the duties are not available. No person who has completed their probationary period. If an employee is awarded a position outside the bargaining unit and returns to the bargaining unit six months, the seniority would resume effective with the date of their return to the bargaining unit. If the employee returns to the bargaining unit after six months, the employee returns to the bargaining unit with no accumulated seniority. of the employee to the bargaining unit shall not result in the lay-off or displacement of any bargaining unit member. two (2) weeks the employer will any or new position which in any occupation corning within the scope of this Agreement. In extenuating circumstances, employer can postpone the filling of a vacancy with the consent of the union. the employer not to fill a vacancy, the union shall be notified in writing. The vacancy will be posted in all work sites for at least five (5) days to the filling years of such positions, in order that all employees will service shall be laid off as a result of the vacancies new positions and be able to make written application the Human Department at the Education Centre. employees, employees on approved leave of absence, or otherwise absent fromwork, register,in writing, in advance, their interest in applying an anticipated posting. A job posting shall the following information: current nature of length contracting out of work required and education, skills, shift, regular hours of work, wage or salary rate or range. The Union shall be notified of all promotions, demotions, hiring, layoffs, transfers, recalls, retirements or other terminations employment of employees within the scope regularly performed by members of this Agreement. AIS applicants will be advised Sent by: 277; 05/14/01 Page 8/32 In filling any vacancy or new position pursuant Article bargaining unit on the criteria shall (a) and ability, seniorityseniority list.