Common use of STRIKES OR LOCK-OUTS Clause in Contracts

STRIKES OR LOCK-OUTS. The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts during the term of this Agreement. The meaning of the words and "lockout" shall be as defined in The Labour Relations Act, Chapter as amended. ARTICLE UNION REPRESENTATION AND COMMITTEES It is mutually agreed that where negotiations are conducted on a joint basis between any or all of the nursing homes, the Union will elect or select a negotiating committee consisting of one (1) representative from each nursing home. If negotiations are carried on individually for any or all of the nursing homes it is agreed that the Union will elect or otherwise select a negotiating committee consisting of three (3) employees, one (1) of which shall be the Chief Xxxxxxx. All members of the committee shall be regular employees of the Employer who have completed their probationary period. The nursing home members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiations of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedings. The Employer will recognize a Stewards Committee which shall consist of a Chief Xxxxxxx and three (3) stewards at each nursing home all selected from the members of the bargaining unit, not more than two (2) of which committee members shall meet with the Employer at any one time. The Employer shall be advised of the names of members of this committee and shall be notified of any changes from time to time. All members of the committee shall be regular employees of the Employer who have completed their probationary period. The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with the Employer. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.

STRIKES OR LOCK-OUTS. The Employer agrees that during the life of this Agreement it will not cause or direct any lock-outs of its employees. and the Union agrees that during the life of the Agreement there will be strikes or other collective action of the employees covered by this Agreement, which will stop or interfere production or services. The words “strike” and “lock-out” in this agreement shall “strike” and “lock-out” as defined in the Ontario Labour Relations Act. If an illegal strike occurs the Union will instruct its to carry out the provisions of this Agreement and return to work and their duties in the usual manner. The Employer, whenever possible, will provide safe working conditions in the event of any dispute that may arise between any other Employer during the life of the Agreement. provided however, that subject to the above, employees work each and every scheduled workday occurring dur- ing this Agreement regardless of any labour strife or confronting the Employer or any other employers. Article Negotiating Employer acknowledges the right of the Union to appoint or other- wise select a Negotiating Committee and full-time Union Representative of the Local Union, and will recognize and deal with the said with respect to any matter which properly arises from time to time during the term this Agreement, the said Committee will co-operate with Employer in the administration of the Agreement. Any amendments to this Agreement its current term shall only be no strikes in- corporated by consent of the Union and Management It is clearly understood that the Negotiating Conunittee is a separate entity, and will deal with such matters as are properly the subject of negotiations including proposals for the renewal or modifications of the Agreement at the proper time as provided for herein. In accordance with this understanding the Employer will compensate such employees for spent in negotiating with the Employer, at their regular rate of pay, and that this does not apply to spent on such matters outside of regular working hours. Article Shop Stewards The Employer acknowledges the right of the Union to appoint or other- wise select a reasonable number of stewards, one of which would be the chief shop xxxxxxx for the Hotel, to assist employees in presenting their grievances to the representatives of the Employer. The of such stewards and the within which each one is to function is determined by the schedule attached hereto: Housekeeping Laundry Bell Maintenance Kitchen and Stewards Hemispheres Restaurant and Service Alibi Bar and Grill Banquets The Union will inform the Employer in writing of the identity of the stew- ards and the Employer agrees that there shall not be no lockouts during the term of this Agreementobligated to recognize such personnel until it has been so informed. The meaning Union acknowledges that stewards, members of Un- ion officers have regular duties to perform on behalf of the words Employer, and "lockout" that such persons will not leave their regular duties without obtaining per- mission of their Department Head, and will give any reasonable explana- tion which be requested with respect to their absence. In the event that the Department Head is absent will appoint an alternative per- son to act on their behalf. Where a shop xxxxxxx, Union Committee or Union Official employed by the Employer is temporarily absent with permission, as aforesaid, he shall receive his regular straight time rate of pay during such period of absence, provided that the Employer shall not be obliged to make any payment for time spent by a xxxxxxx, committee member or Union official outside his regular hours. Union Stewards appointed in accordance with the provisions of the Col- lective Agreement and having at least one year seniority shall not be sent home or laid off because of lack of work so long as defined they are capable and have the skill and ability to any work available in The Labour Relations Act, Chapter as amendedtheir respective departments. ARTICLE UNION REPRESENTATION AND COMMITTEES Article Qualifications of Stewards It is mutually agreed that where negotiations are conducted on a joint basis between any employees shall not be eligible to serve as stew- ards or all members of the nursing homesUnion Committee established under this Agree- ment until after they have successfully completed a probationary period, and have been placed on the seniority list. It is understood that stewards other Union officers will not absent selves from their regular duties unreasonably in order to deal with the griev- ances of employees, or with other Union business, and that in accordance with this understanding the Employer will compensate such employees for time spent in negotiating with the Employer, in handling grievances of employees, and attending meetings of the Grievance Committee as well as educational seminars, at their regular rate of pay, and that this does not apply to time spent on such matters outside of regular hours. Payment of Educational Seminars will not exceed three (3) hours per month (non-cumulative). Notwithstanding the above, the Union will elect or select a negotiating committee consisting of one (1) representative from each nursing home. If negotiations are carried on individually for any or all of the nursing homes it is agreed that the Union will elect or otherwise select a negotiating committee consisting of three (3) employees, one (1) of which shall be the Chief Xxxxxxx. All members of the committee shall be regular employees of required to notify the Employer who have completed their probationary period. The nursing home members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiations of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedings. The Employer will recognize a Stewards Committee which shall consist of a Chief Xxxxxxx and three (3) stewards at each nursing home all selected from the members of the bargaining unit, not more than two (2) weeks in advance and that it will not pre- vent the Employer from maintaining an adequate and qualified work force. Discipline and Discussion Discipline notices issued to the Employees must contain information and reasons for which notice is issued. Such notices shall be issued to an employee as soon as the Employer is aware of the event leading to his actions and has a reasonable period of to investigate the matter. A copy shall be signed by a Representative and the Employee will be required to sign such notices as acknowledgment of receipt of same. The signing of this notice is not an admission of guilt. If an employee has any complaint or question which committee members shall meet wishes to cuss with the Employer at any one time. The Employer Employer, shall be advised of the names of members of this committee take matter up with De- partment Head and shall be notified accompanied by Department Xxxxxxx if requests such assistance. Company will remove from an employee’s file and will rely on a specific disciplinary warning where that employee has had dis- ciplinary warnings of any changes a similar nature within the twelve (12) calendar months immediately following the specific disciplinary warning in ques- tion. With respect to suspensions, the Company will remove from time to time. All members an em- ployee’s file and will not rely on a specific suspension where that employee had no further suspensions of the committee shall be regular employees of the Employer who have completed their probationary period. The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with the Employer. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.a similar within four

STRIKES OR LOCK-OUTS. The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts during the term of this Agreement. The meaning of the words and "lockout" shall be as defined in The Labour Relations Act, Chapter as amended. ARTICLE UNION REPRESENTATION AND COMMITTEES It is mutually agreed that where negotiations are conducted on a joint basis between any or all of the nursing homes, the Union will elect or select a negotiating committee consisting of one (1) representative from each nursing home. If negotiations are carried on individually for any or all of the nursing homes it is agreed that there will be no lock-outs by the Employer and no strikes by the The Canadian Union of Public Employees Local (Maintenance, Caretaker, Bus Driver) Collective Agreement September August Page Union as long as this Agreement continues to operate. No employee covered by this Agreement will elect or otherwise select a negotiating committee consisting of three (3) employees, one (1) of which shall be the Chief Xxxxxxx. All members of the committee shall be regular employees required to perform work normally done by any other employee of the Employer engaged in a legal strike. ARTICLE SENIORITY Seniority is defined as the length of service in the bargaining unit with the Employer or any predecessor school board and shall be used in determining preference for promotions, transfers, demotions, layoff and recall. Seniority shall operate on a bargaining unit wide basis. Employees of the other Local bargaining unit, provided there has been no break in service, who have completed become members of this bargaining unit as per article subsequent to January shall carry over their seniority as though it was service in this bargaining unit. Newly hired employees for permanent positions shall be considered to be on probation until has worked a total of (eighty) worked days from the date of hiring. During the probationary period, employees shall not be entitled to grieve a discipline, suspension, lay-off or discharge and shall not be eligible for the fringe benefits detailed under Articles to inclusive until after completion of the third (3rd) month of the probationary period. The nursing home members After completion of the Committee will probationary period, seniority and sick leave credits shall be paid by effective from the Employer for time used during normally scheduled working hours in negotiations original date of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedingsemployment. The Employer will recognize agrees to post seniority lists by May of each year showing seniority status, classification, and site location of each employee and to furnish a Stewards Committee which copy of such lists to the Union. Should an employee question the accuracy of relative seniority status or documentation used to determine relative seniority status as depicted on the seniority list, the employee shall consist of a Chief Xxxxxxx notify the Union and three (3) stewards at each nursing home all selected from the members of Board in writing to this effect. The parties and the bargaining unit, not more than two (2) of which committee members employee shall meet with within ten 0) working days after the Employer at Board receives any one timesuch written notification to resolve the matter. Any discrepancies in seniority must be brought to the attention of Human Staff by June of each year. The Employer agrees to correct any errors as mutually agreed upon. No change shall be advised made in the seniority status of an employee without consultation with the names Union. An employee shall not lose seniority rights if is absent from work because of members sickness, accident, lay-off, or leave of this committee and shall be notified of any changes from time to time. All members of the committee shall be regular employees of the Employer who have completed their probationary period. The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with absence approved by the Employer. The Canadian Union of Public Employees on Local (Maintenance, Caretaker, Bus Driver) Collective Agreement September August Page An employee shall forfeit all seniority rights in the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.event that:

STRIKES OR LOCK-OUTS. The In view of the orderly procedure for settling grievances, the Company agrees that there will be no lock-out of the employees, and the Union agrees that there shall will be no strikes strikes, slow-down, sit-down or any stoppage of work or other collective action, either partial or complete, either by individual or collective action. Seniority will be on a departmental basis, and be based on the Employer agrees that there shall be no lockouts during length of an employee’s continuous service with the term Company since his first entry into the group of this employees which is currently covered by the Collective Agreement. The meaning New employees will be considered to be probationary employees for three calendar months, and during this probationary period such employee will be entitled to no seniority and may be dismissed or laid off at the discretion of the words and "lockout" shall be as defined in The Labour Relations Act, Chapter as amendedCompany. ARTICLE UNION REPRESENTATION AND COMMITTEES It is mutually agreed that where negotiations are conducted on a joint basis between any or all At the end of the nursing homesprobationary period the employee’s name will be entered on the seniority list of his department as of the date of last hiring. In the case of a newly hired loom fixer or employee in the Maintenance Department at Grade H or above, the Union probationary period for an employee who is not fully qualified will elect or select a negotiating committee consisting of one (1) representative from each nursing homebe extended to six months with respect to the person’s performance. If negotiations are carried on individually for any or all a probationary employee is laid off prior to the completion of the nursing homes it is agreed that the Union probation and subsequently works again, he will elect or otherwise select be deemed to have completed his probationary period if he has completed a negotiating committee consisting total of three (3) employees, months work in a period of six consecutive months provided that segments of less than one (1) of which month worked shall not be counted if they are separated by more than one week not worked. The seniority date for such person shall be the Chief Xxxxxxxfirst date of hire within the six consecutive months. All members of the committee shall Seniority lists will be regular employees of the Employer who have completed their probationary periodestablished for each department. The nursing home members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiations of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedings. The Employer will recognize a Stewards Committee which shall consist of a Chief Xxxxxxx and three (3) stewards at each nursing home all selected from the members of the bargaining unit, not more than two (2) of which committee members shall meet with the Employer at any one time. The Employer shall be advised of the names of members of this committee and shall be notified of any changes from time to time. All members of the committee shall be regular employees of the Employer who have completed their probationary period. The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far present departments are as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with the Employer. Employees on the evening and night shift shall receive paid time off for the actual day of the negotiating meeting.follows: Preparation Cutting Mixing Weaving Inspection Shipping

STRIKES OR LOCK-OUTS. The Union In view of the orderly procedure established by the Agreement for the settling of disputes and the of grievances. the agrees that during the lifetime of this Agreement. there shall will be no strikes strike. down or stoppage of or interference with or pro- duction. either complete or partial, and the Employer agrees that there will be no lock-out of employees. ARTICLE REPRESENTATION The Employer will a Plant Committee and a Plant Committee Chairperson in both Kitchener and Peterborough. The Peterborough Committee shall consist of four persons on days. three persons on noons and two persons on nights. If at anytime the after- noon shift exceeds two hundred and seventy-five an additional Committeeperson will be added. The Plant Committeeperson Chairperson in Peterborough shall have five days plus time required to conduct Union business and in Kitchener four hours day plus time required. The clerical unit in Peterborough shall have one Committeeperson. The Kitchener Committee shall consist of four per- sons on days and two persons on afternoons. One Committeeperson shall be selected to repre- sent each area of representation as mutually agreed. The Grievance Committee for each facility shall consist of the Local Chairperson and two sons plus the Office Committeeperson in Peterborough. If at anytime the active hourly employee count at either facility decreases more than employees on a shift the number of Committeepersons shall be reduced by one. At no lockouts during time can there be less than four in Xxxxx- borough and three in Kitchener. Areas of representation may be modified from time by mutual agreement between Employer and the term The Union appoint an alternate for each area set out in Article act in the absence of the Committeeperson.: referred to above may investi- gate and process grievances in accordance with the procedure set out in this Agreement. The meaning of the words and "lockout" shall be as defined in The Labour Relations Act, Chapter as amended. ARTICLE UNION REPRESENTATION AND COMMITTEES It is mutually agreed that where negotiations are conducted on a joint basis between any or all of the nursing homes, the Union will elect or select a negotiating committee consisting of one (1) representative from each nursing home. If negotiations are carried on individually for any or all of the nursing homes it is agreed that the Union will elect or otherwise select a negotiating committee consisting of three (3) employees, one (1) of which shall be the Chief Xxxxxxx. All members of the committee shall be regular employees of the Employer who have completed their probationary period. The nursing home members of the Committee will be paid by the Employer for time used during normally scheduled working hours in negotiations of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedings. The Employer will recognize a Stewards Committee which shall consist Negotiation Com- mittee of not than seven Committeepersons for the purpose of this Agreement. The Employer agrees to recognize a Chief Xxxxxxx and three (3) stewards at each nursing home all selected representative from the members National Union and/or the President of the bargaining unit, Local Union as part of the Negotiating Committee. The Union shall notify the Employer in writing of the of the Committeepersons and alternate and the Employer shall not more be required to recognize any such Committeeperson until it has notified. A Committeeperson shall have acquired seniority the Employer. No Committeeperson shall leave work or enter the Plant on other than two (2) of which committee members shall meet normal shift to investigate or process any grievance or conduct Union business with the Employer without prior consent of immediate supervisor by the issuance of a pass to that effect. No Committeeperson will enter any department or line other than own without first presenting the said pass and obtaining the consent of the supervisor of that department or line. It is understood that Committeepersons will not absent themselves from their regular duties without the prior consent of their immediate supervisor. Such consent shall not be unrea- sonably withheld and the supervisor shall have a reason- able period of time to obtain a replacement so as to ensure that there will be no interruption of production. Committeepersons shall report back to their supervisor at the time they return to work. The Union’s National Representative or designate will not enter any one timepremises of the Employer without obtaining the prior consent of the Executive Vice-President or representative. The Employer will pay Committeepersons or the at their regular, applicable hourly rate for Employer approved regular time lost in processing com- plaints, grievances or in the administration of this Agreement, excluding arbitration hearings, provided that the amount of time so spent is not unreasonable. The Union’s National Representative or designate may be present at meetings between the Employer and the Plant Committee when the Plant Com- mittee so requests. The Employer shall be so advised of the names of members in advance of this committee meeting. Committeepersons (not alternates) shall have top seniority in the bargaining unit in the event of layoff provided that they have the skill, ability and shall be notified of any changes from time qualifica- tions to timeperform the required work. All members of the committee shall be regular The Union may conduct voting procedures among employees of the Employer who have completed their probationary period. The Union acknowledges that for the members election of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stageExecutive Board, negotiation of the Collective Agreement and renewals thereof, up to and including conciliation, and while attending meetings with on the Employer. Employees on ’s premises in an area and at a time agreed to by the evening and night shift shall receive paid time off for the actual day of the negotiating meetingEmployer provided that all such activities are conducted during non-working hours.