Integrity of the Bargaining Unit Unless otherwise provided by law, the Employer recognizes the integrity of the bargaining unit and will act consistently with the current policy to use State employees to perform all State functions in State operated facilities in preference to contracting out with the private sector. In the event the Employer proposes to use non-bargaining unit individuals to displace continuing bargaining unit positions, it will provide the Union with notice at the earliest opportunity, but normally notify the union at least sixty (60) days in advance (unless circumstances require a shorter notice) and be available to meet with the Union within one week after the notice is sent. Supervisors will not be assigned posts for the purpose of limiting overtime opportunities for bargaining unit employees except when fiscal or operational exigencies necessitate. Upon written request from the President of the Union identifying specific areas of concern, DBM will review the bargaining status of identified employees, correct errors and share the results of the review with the Union on a quarterly basis.
Work of the Bargaining Unit (a) In order to protect the standard of nursing care, the Employer shall not contract out the work normally performed by members of this bargaining unit except:
i) For purposes of instruction,
ii) In the event of an emergency situation,
iii) When performing developmental or experimental work, or
iv) When employees are not available due to an employee not reporting for work as scheduled or not being available for work.
(b) Reassignment to other employees of work normally performed by members of the bargaining unit shall not result in the termination, layoff or reduction in hours of any member of the bargaining unit.
(c) When it is decided to not fill a position following an employee’s resignation, the Home will provide the rationale in writing for this decision to the Union. The Union may request a meeting to make representations on this matter.
NATURE OF THE BARGAINING UNIT 1.01 The Employer recognizes the Union as the sole and exclusive bargaining agency for all of its employees working at The Fairmont Winnipeg, in the City of Winnipeg, in the Province of Manitoba, save and except the Administrative/Clerical persons employed in the Sales/Marketing and Catering departments, those persons employed in the Engineering/Maintenance, Accounting and Human Resources departments, Security staff, Supervisors, Managers, those above the rank of Supervisor and/or Manager and those excluded by the Act.
1.02 The Employer agrees not to increase the number of Assistant Banquet Managers excluded from the bargaining unit beyond six (6) except for legitimate business reasons. When doing so, the Employer shall inform the Union.
1.03 The Employer shall provide the Union with a list containing the current names, social insurance numbers, classifications and rates of pay of all bargaining unit employees, whenever a written request to do so is received from the Union. The Union agrees that it will not make such request more often than once in a calendar year.
1.04 The parties recognize that employees of the Employer in supervisory positions, or above the rank of Supervisor, may (when the situation so requires) help employees covered by this collective agreement in order to maintain the quality of service to customers, and in this case may also perform work currently done by current employees of the bargaining unit. Such work must not, however, cause the elimination of any position now covered in the collective agreement.
(a) will not apply. Notwithstanding the foregoing, an employee of the Employer working in a position not covered by the collective agreement, may continue work presently being performed but shall not assume additional duties if this would cause the elimination of a position now covered in the collective agreement.
Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding:
(a) Employees now represented by other bargaining agents.
(b) Persons above the rank of working supervisor.
(c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act.
(d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act.
1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended.
1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply:
(a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status.
(b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months:
(1) in exclusion cases, the Union will be reimbursed the dues which would have been paid;
(2) in inclusion cases, the Union will reimburse the employee the dues which have been paid.
(c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.
Bargaining Unit The term "bargaining unit" as used in this Agreement refers to the bargaining unit defined in Article 1, Recognition.