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Collective Agreement between Ontario NDP and Canadian Ofce and Professional Employees International Union (COPE 343)
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ARTICLE 1 - RECOGNMON
The employer recognises the union as the sole bargaining agent for all its employees save the Provincial Leader and the Provincial Secretary.
ARTICLE 5 - DEFINITIONS
5.01 T h e r e shall be three categories of Employees: 1. Permanent full-time employees. 2. Permanent part-time employee, who works regularly at least 16 hours in a week but less than 20 hours a week. 3. A temporary employee is one who is hired:
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Collective Agreement Ontario NDP COPE 343 6,04 L a y o f f s The employer will rst offer any layoffs to employees on a voluntary basis in order of seniority. Where further layoffs are required, such layoffs shalt be issued in reverse order of seniority. It is understood that the initial offer to senior employees to layoff voluntarily will not result in the employer being left in a position where skills are not available to the workplace. a) In the event of a layoff, the affected employee shall receive one (1) month's notice or pay in lieu of, or the period of notice provided for by the Employment Standards Act, whichever is greater, as well as any accumulated monies owing. However, an employee who accepts an offer of voluntary layoff shall be entitled to no more than the period of notice required by the least senior employee who Is subject to layoff at the time that the offer of a voluntary layoff is made. b) Recall shall be by seniority provided the employee is qualied to do the work available. The employee being recalled shall be notied by signature-required mail. In the event there is a dispute on whether the employee is qualied it shall be dealt with under the grievance procedure. c) Such recall rights shall continue for a period of three (3) years from date of layoff unless the person 1) noties in writing that s/he has severed employment; or 2) fails to report within ve (5) working days after notication by signature required mail to the last known address (it is understood that a full-time employee who is on lay off status, can decline a recall to a part time position without jeopardy; 3) has retired or died. d) The employee will keep the employer informed of any change of address. 6.05 T h e union shall be notied of the status of any person leaving the employ of the employer. 6.06 Ac c umulat ed seniority shall be protected while the employee is on leave of absence from the employer. 6.07 A n y new positions or vacancies shall be lled from within the bargaining unit provided that qualied employees are available to ll the vacant positions. When a vacancy is posted in accordance with articles 6.10 and 12.02 the senior qualied applicant will be appointed to the position and shall receive that rate for the classication which Is appropriate to the employee's seniority. The promoted employee may be returned to his/her previous position within 60 days of the promotion date at the employee's or employer's request. 6.08 N o t i c e of all job vacancies and openings shall be posted on the bulletin board by the employer. All postings shall be communicated by the employer in writing to all employees not using Provincial Ofce as a base of operation. A period of at least ve working days after receipt of the notication shall be provided employees in which to make application for a posted position. The notice will include job title, description of the job duties, and salary to be paid. Temporary and pre-election postings must include the expected length of employment. The Union Representative shall be notied of all job vacancies posted. Within ten working days after the closing date of a job posting, the successful applicant and the union shall be notied and the information posted on the bulletin board by the employer. The time limit herein may be extended by mutual agreement. I f the qualications are changed after a posting has been posted, the position shall be reposted as set out above setting forth the revised qualications before an appointment is made. 6.09 Te mp o r a r y positions including pre-election organizers, riding organizers, publicity organizers, tour and advance people and any specialized positions shall be posted in accordance with Article 6.10 and shall be lled from within the bargaining unit provided that suitable employees are available with the necessary qualications and special capabilities to ll the positions. Page 4 of.17
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Collective Agreement Ontario NDP COPE 343 8.02 E mp l o y e e s shall be granted the following holidays without loss of pay: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and Remembrance Day. December 24th, when It falls on a normal working day will also be a holiday. I n addition, the ofce will be closed between December 27th and December 31st without loss in pay. The rst working day following a federal convention held in Ontario, or a provincial convention, shall be a holiday for those employees who work at such convention. The employer will also grant three additional paid holidays. It is generally understood that one of these holidays will be the third Monday in February. This holiday may be reassigned, in the event of a provincial or federal election or preparations for a convention in one months time, by the employer with the agreement, if possible, of the bargaining unit. The other two holidays will be oating and also will be assigned by the employer with the agreement, if possible, of the bargaining unit. It is understood and agreed that in the event that either the Ontario and/or the federal governments declared an additional legal statutory holiday during the term of this agreement that one of the aforementioned holidays shall be designated as such legal holiday. 8,03 I n recognition of continuous and heavy work schedule for the riding development and organising staff during an election campaign will receive one week's special paid leave of absence. The special leave must be taken within 45 days and schedule for this special leave to be worked out with the employer. I n recognition of extra demands and extra responsibility placed on the administrative and clerical staff in Levels 1, 2 and 3 at election time, they will receive two days' special paid leave of absence to be taken within 45 days of the election and schedule for this special leave to be worked out with the employer. 8.04 S u b j e c t to Section 8,06 an employee required by proper authority as designated by the Provincial Secretary to work beyond his/her regular working week or established working day shall be paid at the rate of one and a half (1,5) times their normal daily rate or equivalent time in lieu by mutual agreement. In addition, employees required to work on a public holiday as dened by the Employment Standards Act shall receive double time or equivalent time in lieu by mutual agreement. 8.05 E mp l o y e e s shall be permitted one fteen-minute rest period each morning and afternoon. 8.06 S e c t i o n s 8.01 and 8.04 shall only apply to employees who are in clerical or support staff in Levels 1, 2 or 3. 8.07 D u r i n g the period of an election, employees in Levels 1, 2, and 3 will be scheduled to work their established working hours between the hours of 9 a.m. and 9 p.m. Monday to Friday. Additional hours as required may be scheduled between the hours of 9 a.m. and 6p.m. on Saturdays and 10a.m. and 4p.m. on Sundays said hours to be compensated with time in lieu. 8,08 Not wit hs t anding Section 8.06, employees in Levels 4, 5, and 6 shall be granted a lieu day when required to work a statutory holiday.
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10.05 Up o n termination of employment, 25% of the employee's unused accumulated sick leave shall be
paid to the departing employee at his/her normal straight-time weekly salary up to a maximum of 32 days. It is clearly understood and agreed that an employee who has been laid off due to lack of work for a period in excess of 18 weeks and who elects to terminate his/her employment will only be entitled to 50% of what is provided in the 1st paragraph to a maximum of 8 days.
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Collective Agreement Ontario NDP COPE 343 without pay but without loss of seniority to such employee, but where the proposed absence is likely to last more than one day, the employer may in his/her discretion, require one week's notice. 11.02 O n application of an employee, the employer may, in his/her discretion, grant leave of absence without pay but without loss of seniority, for any purpose not specically dealt with in this agreement. 11.03 Pers ons called for jury or witness duty shall be granted time off with full pay, with the understanding that all money received for such jury or witness duty shall be turned over to the employer in the form of a personal cheque or money order. 11.04 I n the case of bereavement, employees will be granted reasonable time off with full pay, upon request. Where the employee and employer do not agree about the reasonable number of days, a representative of the unit shall be asked to mediate_ 11.05 Mat ernit y Leave (a) A leave of absence for two months without pay, for each year of service to a maximum of six months unpaid leave, shall be granted In cases of pregnancy. This leave is in addition to the seventeen (17) weeks leave with pay in subsection 11,05 (d). (b) An employee granted maternity leave as set out in 11.05 (a) shall continue to accumulate seniority and receive full benets. (c) An employee entitled to maternity leave under this article, who provides the employer with proof that she has applied for and is eligible to receive Employment Insurance (El) benets pursuant to the Employment Insurance Act, 1996 (formerly the Unemployment Insurance Act, 1971) shall be in accordance with Article 14. (d) I n respect of the period of maternity leave, payments made to permanent employees will be as follows: I) f or the rst two (2) weeks, payments equivalent to ninety-three percent (93%) of the actual current weekly rate of pay for her classication, which she was receiving on the last day worked prior to the commencement of maternity leave, and ii) Up to a maximum of fteen (15) additional weeks, payments equivalent to the difference between the sum of the weekly Employment Insurance benets the employee is eligible to receive and any other earnings received by the employee, and ninety-three percent (93%) of the actual current weekly rate of pay for her classication, which she was receiving on the last day worked prior to the commencement of the maternity leave. (e) An employee returning from a leave of absence under this article shall be assigned to his/her former classication and be paid at the step in the salary range that s/he had attained when the leave of absence was granted. 11.06 A n employee with a spouse or partner shall be entitled to a leave with pay up to a maximum of seven working days a year for the birth of her/his child. l f the employee opts for maternity leave under section 11.05 s/he shall not be entitled to the parental leave under this section. 11.07 I n the event an employee receives Employment Insurance benets, s/he shall be entitled to benets as per Article 11,05 (b), (c), (d) and (e). 11.08 T h e employer will grant a leave of absence without pay or benets, to an employee elected to a full-time public ofce, and said leave shall be granted without loss of seniority. ARTICLE 12 - CLASSIFICATION AND WAGES 12.01 Clas s i c at ion of employees and wages shall be as set forth in Appendix I, which is attached to and forms part of this agreement.
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Collective Agreement Ontario NDP COPE 343 party, the employer may take political afliations, beliefs or activities Into account in hiring and continuance of employment, which right of the employer shall be exercised reasonably. 16.02 Not hi ng in this article shall be Interpreted to limit or detract from the provisions of Article 15. ARTICLE 17* - SAFETY, HEALTH, AND COMFORT 17.01 T h e employer shall make all reasonable provision for the safety, health, and comfort of the employees during working hours, and the union may from time to time propose and discuss with the employer suggestions for improvements in the physical conditions of work.
17:02 A n y use of mobile phones for party business must be authorized by the Provincial Secretary. The
employer will provide a mobile phone for staff required to use one for party business only. ARTICLE 18 - RIGHTS AND PRIVILEGES 18.01 A n y rights and privileges at present enjoyed by the employees and not specically dealt with in this agreement shall remain unchanged during the life of this agreement. ARTICLE 19 - GRIEVANCES AND DISPUTES 19.01 I n the event of a grievance by an employee, the employer or the union, or In the event of a dispute between the parties as to the meaning or effect of this agreement It is agreed that there will be no stoppage of work but that the following procedure will apply: Step 1: The grievance or dispute shall be taken up by the duly authorized representative or representatives of the union with the employer's Provincial Secretary, or by the Provincial Secretary with the union representative or representatives, with a view to the negotiation of a mutually satisfactory settlement. The grievance will be brought to the attention of the other party within seven (7) working days after the occurrence of the incident which gave rise to the grievance. Step 2: i f a settlement has not been reached at Step 1 after the expiration of four (4) working days, the main facts relating to the grievance or dispute shall be submitted in writing by the party initiating the matter within four (4) working days to the authorized representative to the Party. It shall thereupon be the subject of discussion and negotiation between the union representative or representatives and the employer's administrative committee at the committee's next regularly scheduled meeting. The Administrative Committee shall give a response in writing within four (4) working days of the above mentioned meeting. Step 3: Failing settlement at Step 2, within thirty (30) working days the grievance or dispute shall be referred to an arbitrator, by either party, to be named by mutual agreement of the parties, and the decision of the arbitrator shall be nal and binding on both parties. 20.01 Employ ees who so wish will have NDP membership dues or donations to be deducted from their pay cheque. 20.02 Employ er to pay authorized full direct moving costs for any person transferred to another location which requires moving of household. 20.03 Identi cation cards for organizers to be obtained by employer to get organizers a commercial travellers' rate on accommodation. 20.04 T h e employer will supply a statement of pay deductions to each employee for each pay period. 20.05 T h e employer agrees that upon the death of an employee, that monies to his/her credit at time of death will be paid to his/her beneciary or estate.
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21.07 Wh e n severance pay becomes payable employees will have the option of receiving severance
monies in one lump sum payment or in bi-weekly instalments equivalent to no less than their weekly salary. 21.08 T h e means of nancing the Severance Pay Plan shall be discussed from time to time between the employer and the union and shall be set out in an appendix to this agreement. ARTICLE 22 - EDUCATIONAL LEAVE 22.01 A f t e r three (3) years of service, all employees shall be eligible to be compensated for 100% of the tuition fee of each course successfully completed, provided that prior agreement has been reached that the course is job related and mutually benecial to the employee and employer and provided that taking the course does not interfere with or impede in any way the normal performance of the employee's duties. Written pre-authorization must be granted to the employee by the employer. I n the case where the employee Is unable to complete the course because of an election being called or other unanticipated demands by the employer, the employer will pay 100% of tuition costs. 22.02 A f t e r ve years of service an employee will be eligible for an education leave up to a maximum of 2 months to pursue full time a planned program that is mutually agreed will be of benet to employee and employer, provided that the employee agrees to continue his/her employment for two years. Should the employee terminate his/her employ of his/her own accord, the employee will be required to pay back the salary and portion of benets received during the leave on a pro rata basis by month. Written pre-authorization must be granted to the employee by the employer. The employer will pay 75% of basic salary and 100% of health-related and pension benets and life insurance and year-end bonus. I t is understood that such a leave must be taken at a time mutually satisfactory to the employer and the employee, with priority given to those with most seniority. I n the event of an election being called or other major unanticipated event, the
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ARTICLE 23 - TERMINATION
23.01 T h i s agreement shall become effective June 1, 2005 and shall remain in force until March 31st, 2008. 23.02 A n y part of this agreement may be open to negotiation during the life of the agreement if mutually agreed by the parties hereto. Any new memorandum of agreement reached under this section shall become a part of this contract. 23.03 E i t h e r party may, not less than 30 days nor more than 60 days before any expiry date, give written notice of revision or termination of this agreement, setting forth, in the case of notice of revision, the manner in which it is proposed that the agreement should be revised, and in the case of notice of termination, proposed terms of new agreement. 23.04 Fort hwit h upon the giving and receipt of such notice, the parties shall enter into negotiations for the revision of this agreement or for the conclusion of a new agreement, and during the period of such negotiations, this agreement shall remain in full force and effect.
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Collective Agreement Ontario NDP COPE 343 24.08 Phot oc opy ing equipment will be inspected for hazardous emissions. ARTI CLE 25 - EXPENSES 25.01 Employ ees who are authorized to use a vehicle for work purposes will be provided with a rental car. The cost of fuel for rental vehicles Is to be covered by the employer. Such rentals will be approved by the Provincial Secretary or designate. Staff will receive mileage of $0.45 cents per km for all authorized business kilometres driven with their own vehicle. Staff will only be reimbursed for business trips not trips between home and Provincial Ofce. Other authorized travel expenses for such as ground transportation, air or ground transportation fees and parking fees will be reimbursed by employer or reasonable travel costs will be reimbursed. All employees who are eligible for mileage are required to submit a detailed log of kilometres driven monthly. 25.02 Employ ees shall be reimbursed for all work related parking costs for which receipts are submitted. 25.03 F o r out of town assignments requiring an overnight stay, there will be reimbursement for hotel accommodation plus meal allowance of $43.00 per day and $36.00 for the day of return. 25.04 Du r i n g elections, employees assigned to work in local election campaigns shall receive the outof-town per diem. 25.05 O u t of pocket expenses will be paid for authorised purposes and upon production of receipts and explanation. 25.06.1 a) Employees will have access to child care at Provincial Party events which they are required to attend in the course of their employment on the same basis as provided to other Party members who are attending the function. (b) Notwithstanding Section 25.12 (a) when an employee is required to work a full election campaign as provided under Section 8.3, recelpted childcare expenses in excess of $1,000.00 per month shall be paid by the employer up to a limit of $300.00 per employee. 25.07 T h e employer will pay for a business phone In an ofce if necessary. I f home base is used, the employer will pay long distance service upon submission of a detailed record. ARTICLE 26 SUCCESSOR RIGHTS 26,01 I n the event that the employer shall, by merger, amalgamation, acquisition, re-creation, or by any other means enter into agreement with any other organization, which in whole or in part affects the existing bargaining unit, such successor shall be bound by each and every provision of this collective agreement. The employer shall have the afrmative duty to call this provision of this Agreement to the attention of all parties. ARTI CLE 27 - COST OF LIVING 27.01 A cost of Living Allowance for all employees will be implemented in the following manner: Effective the payroll period next following the release by Statistics Canada of the February, May, August and November Consumer Price Index, a cost of living adjustment based on 1981 equals 100 will be made to all salaries. Such adjustment will be calculated on the basis of $.01 per hour for each .100 increase in the all-items Metropolitan Toronto Index (calculated exactly) multiplied by 32.5 hours per week in the case of support staff in levels 1, 2 and 3, 44 hours per week in the case of staff in levels 4
and 5. Such total increase as of the August gures will be rolled into the basic salary, all
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Collective Agreement Ontario NDP COPE 343 levels and categories, on January 1 of the following year each. The August gure each year will become the new base for the COLA calculations. Article 28 CONVENTIONS 28.01 I t is agreed that all staff will contribute their time to the work at the convention at no charge to the employer for extra hours involved over and above the normal working week. All staff shall receive reimbursement for authorized expenses including hotel accommodation plus meal allowance up to $43.00 per day and $36.00 per day for the day of return. All staff shall receive a day's holiday with full pay over and above that indicated in Article 8.02. All other authorized expenses incurred shall be chargeable. SENIORITY UST Tad Kitaba Bill McBain Penny Mama Geraldine Emanuel Sarah Watson Salome Cequeira Cheryl Roddick Matt Jiggins Appendix I JOB DESCRIPTIONS The following job descriptions for the ofce employees are only outlines and are not intended as complete indications of the work required. Director of Political Action, Education & Training is responsible to develop a comprehensive political, organizational and strategic plan throughout the election cycle that includes riding development, training and education of Ontario NDP volunteers. Director of Communications & Policy is responsible to develop and implement appropriate communication strategies with respect to the portrayal of the Ontario NDP internally and externally in a manner consistent with our strategic vision and objectives Director of Fundraising 8, Donor Development is responsible for developing, overseeing and expanding the Party's fundraising and development activities including donor relations, special events, major donor campaigns, telemarketing, direct mail, prospecting and receipting. Membership Services Coordinator is responsible for the entire cycle of recruiting, signing up and retaining members. The Membership Coordinator provides strategic planning including identifying prospective membership recruitment opportunities, setting membership targets and membership service delivery objectives for the organization. Accountant is responsible for the for entire cycle of nancial reporting of Provincial ofce including the development and administration of accounting policy and procedures and timely preparation of all nancial information and administration of all nancial processes and provision of advice on matters pertaining to accounting processes and principles. Riding and Committee Liaison Ofcer is be responsible for providing advice and counsel to ridings and ONDP Committees to help them ne-tune their comprehensive political action plan. Riding and Committee Liaison Ofcer actively links riding associations and committees to the provincial election or issue-based campaigns by providing guidance in developing and setting local/topical priorities and objectives. Start Date October 5, 1988 October 31, 1994 November 10, 1994 May 4, 2004 January 4, 2005 June 1, 2005 January 30, 2006 April 3, 2006
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Collective Agreement Ontario NDP COPE 343 Education & Training Liaison Ofcer is responsible to identify and respond to the learning needs of ridings, staff and volunteers at all levels of the organization, including the committees. Special Events & Donor Development Ofcer is responsible for donor relations through fundraising special events and major donors asks. Information Technology Ofcer is responsible for all aspects of information technology including database management, system administration and maintenance for the Ontario NDP and its departments, including liaising external riding associations. Membership Services Clerk is responsible to provide front-line services to members, riding associations, and committees regarding new membership, renewals of membership and afliations. Fundraising & Donor Development Clerk is responsible to provide front-line services to members, riding associations, and committees regarding fundraising and donor development including issuing and reconciling tax receipts. Ofce Manager is responsible to ensure an effective, efcient operational environment Is responsible for the day-to-day operations of the organization. Executive Assistant to Provincial Secretary is responsible to proactively assist and support the Provincial Secretary In the operation of the Party taking particular responsibility for administrative support to the Provincial Council, Executive, Party Committees and other departments. APPENDIX II LETTER OF INTENT (Effective Jan. 1, 1997 and revised June 2005) a) The Employer and the Union agree that there shall be no layoffs during the life of the collective agreement unless Party's Provincial Executive authorises same. It is understood that such authorisation is to be applied without delay. Its effect is not portable into the future nor can it be applied retroactively. To this effect, the parties agree that notices of layoff made possible by this authorisation must be issued to affected employees not later than thirty (30) days after this authorisation has been granted by Provincial Executive. b) The parties agree that prior to any discussion of lay-off taking place at Provincial Executive, the Administrative Committee shall undertake a process of formal consultation with the bargaining unit to determine what additional options are available to the parties other than lay-off. It is agreed that prior to the decision of the Provincial Executive, one representative from the Bargaining Unit or their designated representative, may make a presentation to the Provincial Executive meeting which considers the matter of layoff. APPENDIX At the one-year anniversary of this agreement either party to this agreement may request a review of the mileage rate in Article 25.01. The review of the mileage rate shall be completed within 30 days of the one-year anniversary.
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Ct as . c at ion4ob Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Receptionist General Clerk Administrative Assistant Membership Services Cleric Fundraising & Donor Development Clerk Executive Assistant Ofce Manager Ofcer Org!trtizer Accountant Director T ClerIcal, poilcats, telernarketinq e T m Campaign g p o r a r y
_ Annual Salary Rates Yr 1 IStar1) $35.000 $42,000 $45,000 551.000 $62,000 $59,000 563,000
Yr 2
Yr 3
Yr 4
Yr 5
$36.000 $37.000 $38,000 $39,000 $40,000 $43,000 $44,000 $45,000 $46.000 $47.000 $46.000\ $47,000 $48.000 $49.000 $50,000 $52,000 $53,000 $54.000 $55,000 $56.000 $63,000 $64,000 $65,000 $86,000 $67,000 $80.000 $61,000 $62.000 $63.000
$84,000
N/A
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Collective Agreement Ontario NOP - COPE 343 MEMORANDUM OF AGREEMENT BETWEEN The New Democratic Party of Ontario, hereinafter referred to as the employer, and The Canadian Ofce and Professional Employees Union, Local 343, hereinafter referred to as the union. TO WIT THAT: the documents attached constitute the new and revised agreement between the employer and the union and that it shall be In effect from June I, 2005 to March 31st, 2008.
. 7 7 S i g n a u r e
e y f / 64 Signature P r i n t ' i tzo3Signature P r i n t 1) , Signed on Behalf of Canadian Ofce and Professional Employees Union (C0PE343): 60 ( 76 5 ; 7 0 Print / .4 fr u
Print rint
Signature
c1 1 k/
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