2017 Collective Bargaining Opening Proposals February 23, 2017
Employer’s Opening Proposal
For
Amendment of the Collective Agreement (Expiring March 31, 2017)
Between:
THE LIQUOR CONTROL BOARD OF ONTARIO
(hereinafter referred to as the “LCBO” or "Employer")
– and the –
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
on behalf of its LIQUOR BOARD EMPLOYEES DIVISION
(hereinafter referred to as the "Union")
Enclosed are initial proposals by the LCBO, for discussion purposes that contain suggested amendments to the Collective Agreement between the LCBO and the Union (collectively the ‘Parties”) currently in effect, April 1, 2013 to March 31, 2017 (the “Collective Agreement”).
Unless otherwise specified, the proposals are intended to apply to all bargaining unit employees.
The Employer’s proposals are submitted without prejudice and with the understanding that the LCBO may, at its sole discretion, withdraw its proposals, submit new proposals, or make changes in submitted proposals, if, in the sole opinion of the Employer, it is necessary and/or in response to the Union’s proposals.
Unless otherwise specified within the provisions of the Collective Agreement (including its attached Letters of Agreement, Memorandum of Agreement or Appendices) or unless agreed to by the Parties, all provisions within the Collective Agreement (including its attached Letters of Agreement, Memorandum of Agreement or Appendices) continue to remain in effect.
It is further understood that any agreement between the Parties is subject to ratification by the LCBO Board of Directors and approval of the provincial government through Order-In-Council.
*BOLDED sections represent proposed new language. Strikethrough sections represent proposed deleted language*
ARTICLE 1 – Recognition
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal, Casual)
1.5(b) (i) The Employer shall also provide leave of absence without pay for Union Representatives as defined in Article 1.4 (a) to attend to their official Union duties.
(b) (ii) During such leaves of absence the salary of the Union Representative, as defined in Article 1.4 (a), shall be maintained with the Union reimbursing the Employer for any salary and benefits paid for the Union Representative, including all premiums and overtime costs for replacement employees when Union Representatives are absent. The parties agree that union time off invoices will be reconciled by the parties within forty five (45) calendar days of submissions by the employer.
The Union shall make reimbursements within sixty (60) calendar days from the date such invoices have been reconciled by both parties.
The Employer shall deduct the reimbursements described in 1.5 (b) (ii) from the monthly dues remittance to the Union under Article 4 – Dues and Information.
ARTICLE 7 – Hours of Work and Overtime
(Applicable to Permanent Full-time, Seasonal and Casual: with applicability limited in respect of Seasonal and Casual employees to 7.6 (b) exclusively)
7.2 The Employer shall prescribe the number of hours in each working day not exceeding eight (8) hours for the various departments or establishments of the Employer. Normal hours of work will be as follows:
(a)(i) Retail – Stores and Depot
Day Shifts
Start as early as 8:00 a.m. and conclude no later than 7:00 p.m.(1 hr. unpaid lunch)
Afternoon Shifts
Start as early as 11:00 a.m. and conclude no later than 11:30 p.m.(1/2 hr. unpaid lunch)
Night Shifts
11:00 p.m. to 7:30 a.m.
12:00 midnight to 8:30 a.m.
(1/2 hr unpaid lunch)
Employees in retail stores who work on the night shift shall be scheduled for five (5) night shifts within the a minimum of one (1) full week, Monday through Friday inclusive period Sunday through Saturday inclusive, in accordance with 7.16 below. During that period employees may be assigned to work in more than one store.
(ii) Logistics – Facilities and Private Stock
The work week for Facilities and Private Stock shall be from 12:01 a.m. Monday Sunday to 12:00 midnight Friday Saturday.
Day Shift
(1/2 hr. unpaid lunch)
4:20 a.m. to 12:20 p.m.
8:00 a.m. to 4:00 p.m. (VAX System Operators)
7:00 a.m. to 3:00 p.m.(Security)
7:45 a.m. to 3:45 p.m. (Tiers and Tunnels – Durham and a single maintenance employee also works this shift)
8:00 a.m. to 4:00 p.m. Start as early as 6:00 a.m. and conclude no later than 4:00 p.m. (other employees)
Afternoon Shift
(1/2 hr. unpaid lunch)
12:20 p.m. to 8:20 p.m. (VAX System Operators)
3:00 p.m. to 11:00 p.m. (Security)
3:45 p.m. to 11:45 p.m. (Durham Facility – Tiers and Tunnels only)
4:00 p.m. to 12:00 midnight Start as early as 11:00 a.m. and conclude no later than 12:00 midnight (other employees)
Night Shift
(1/2 hr. unpaid lunch)
8:20 p.m. to 4:20 a.m. (VAX System Operators)
11:00 p.m. to 7:00 a.m. (Security)
11:45 p.m. to 7:45 a.m. (Durham Facility – Tiers and Tunnels only)
12:00 midnight to 8:00 a.m. (other employees)
Night shifts implemented under this arrangement shall not be subject to the rotational requirements of Article 7.14. This is not applicable to those employees currently working in classifications operating on a three (3) shift rotation. (e.g. VAX System Operators, Security Officers, Maintenance employees and Console Operators)
(iii) LCBO Head Office and Warehouse Offices
(Monday through Friday Sunday through Saturday, inclusive)
Logistics Warehouse Offices (Operations Clerks, Help Desk Clerks)
(Monday Sunday through Friday Saturday, inclusive)
Security Officers Logistics Facilities
Day Shift (1/2 hr. unpaid lunch)
7:00 a.m. to 3:00 a.m.
Afternoon Shift (1/2 hr. unpaid lunch)
3:00 p.m. to 11:00 p.m.
Night Shift (1/2 hr. unpaid lunch)
11:00 p.m. to 7:00 a.m.
VAX Systems Operators
Day Shift (1/2 hr. unpaid lunch)
7:30 a.m. to 3:30 p.m.
Afternoon Shift (1/2 hr. unpaid lunch)
3:30 p.m. to 11:30 p.m.
Night Shift (1/2 hr. unpaid lunch)
11:30 p.m. to 7:30 a.m.
(v) Head Office Computer Operators
(Monday through Friday Sunday through Saturday, inclusive)
(vi) Contact Centre (Hours of Work)
(Monday Sunday through Saturday, inclusive)
The scheduling of hours of work on a Sunday shall be in accordance with the Letter of Agreement- Sunday Openings, provided they are qualified. The shifts shall be posted in accordance with Articles 7.4 (a) (i), 32.1 (a) and 38. 2(a) of the Collective Agreement.
(d) Where an employee covered by section (a)(i) above is required to work before twelve (12) eight (8) hours have elapsed since the completion of the employee’s previous shift, he/she shall be paid time and one-half (1 1/2) for those hours that fall within the twelve (12) eight (8) hour period.
7.4 (b) A store employee may request, with proper notification, opt to have his/her scheduled day off occur immediately before and after his/her vacation period.
7.5 Where an employee is at work and is not instructed to work overtime until the day shift during which the overtime is to be performed, the employee shall be reimbursed for the cost of one (1) meal up to ten dollars ($10.00), provided the employee works three (3) hours or more overtime and purchases and consumes such meal during the employee’s shift that day.
7.11 Two (2) or more kinds of overtime will not be paid for the same hours worked. There shall be no duplication or pyramiding of any premium payments or compensating leave provided by this Agreement.
ARTICLE 8 – Paid Holidays
(Applicable to Permanent Full-time)
-
An employee shall be entitled to the following paid holidays each year: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any special holiday as proclaimed by the Governor-General or Lieutenant Governor. If, during the term of this Agreement, a public holiday is proclaimed by the Governor-General or Lieutenant Governor, such holiday shall be deemed to be a paid holiday. Employees who fail without reasonable cause to work all of their last regularly scheduled day of work before the paid holiday or all of their first regularly scheduled day of work after the paid holiday shall not be entitled to the paid holiday.
ARTICLE 12 – Termination Payments
(Applicable to Permanent Full-time)
12.1 (ii)“Severance Pay” is an amount computed by multiplying the total number of years of service of as a an permanent employee by the weekly salary to which he/she was entitled at the date he/she ceased to be an employee.
12.2 Severance Pay
An employee who has completed one (1) year of continuous service as a permanent employee and who ceases to be an employee by reason of:
ARTICLE 20-Pregnancy, Parental and Adoption Leave
(Applicable to Permanent Full-time)
20.2(b) In respect of the period of pregnancy leave, payments made according to the Supplemental Unemployment Benefit Plan will consist of the following:
(i) for the first two (2) weeks one (1) week covering the employment insurance waiting period, payments equivalent to ninety-three percent (93%) of the actual gross weekly pay for her classification, which she was receiving on the last day worked prior to the commencement of the pregnancy leave, including any retroactive salary adjustment to which she may become entitled;
Article 21-Employees’ Group Insurance and Medical Benefits Plans
(Applicable to Permanent Full-time, Seasonal with applicability in respect to Seasonal employees limited by Appendix 4-Section 12.)
21.2 Supplementary Health and Hospitalization
(c) Plan Details
(ii) (c) The LCBO plan will not reimburse member costs for any prescription drug covered by the provincial plan for members or their dependents who are age 65 and over, other than the $100 personal deductible and $6.11 per script co-pay.
(iii) (b) Charges for private duty nursing in your home by a registered graduate nurse or registered practical nurse who is not ordinarily a resident in your home and is not related to you or to your dependents, provided the service was recommended and approved by a licensed physician or surgeon.
21.2 (c) (iii) (j) Charges for the services of a psychologist or social worker up to fifty dollars ($50.00) per half (1/2) hour for individual psychotherapy and/or testing and thirty-five dollars ($35.00) for all other visits.
21.6 (d) (i) (f) Review of the contentious claims and recommendations thereon, when such claim problems have not been resolved through the existing administrative procedures.
ARTICLE 22- Assignments and Job Postings
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal: applicability limited by Appendix 4 – Section 3, Casual: applicability limited by the provisions of 32.4)
22.10 Retail Stores
(b) Where an employee is being considered for transfer, promotion, or demotion to a posted vacancy, seniority will be the determining factor, provided the employee has the necessary skills, knowledge and qualifications to perform the work. Where employees have applied and declined job offers in two separate competitions in the same calendar year, they will not be considered for any further competitions for remainder of that calendar year.
22.11 All posted positions shall be filled no later than sixty (60) ninety (90) calendar days from the closing date of the job posting.
ARTICLE 23 – Uniforms, Attire and Special Allowances
(Applicable to Permanent Full-time)
23.1 Every one (1) year, Tthe Employer shall supply to an employee in the store system an issue of five (5) long sleeve or short sleeve shirts or blouses and two neck ties or scarfs every one (1) year and of a design approved by the Employer.
23.4 (a) Safety footwear, which is designated as CSA approved and satisfactory to the Employer including meeting LCBO deportment standards shall be worn by:
(remainder status quo)..
23.4 (b) (i) Upon proof of purchase, the Employer shall subsidize the cost of such safety footwear for those employees identified in (a) above, to a maximum of one hundred and fifty dollars ($150.00) once every twelve (12) month period.
(ii) In the event that earlier replacement of such safety footwear is required as the result of wear, such footwear shall be surrendered to the Employer and shall be replaced upon the recommendation of the employee's immediate supervisor. Said replacement shall not exceed one hundred and fifty dollars ($150.00).
(c) All-weather jackets and/or work vests will be made available for those warehouse personnel whose work activities justify their use.
ARTICLE 28 – Grievance Procedure
(Permanent Full-time, Permanent Part-time, Seasonal and Casual)
28.3 STAGE 1 (Complaint Stage)
(a) (i) An employee who has a complaint or a difference shall discuss and provide details the complaint or difference with his/her supervisor, as designated by the Employer, within ten (10) days of the employee first becoming aware of the circumstances giving rise to the complaint or difference.
ARTICLE 32 – Casuals
(Applicable to Seasonal as limited by Appendix 4- Section 4-14.1 and Casual)
32.1 (h) (i) It is understood that casual employees in all depots, warehouses, and those stores where they are required to operate power lifting equipment as part of their regular duties, shall wear and be reimbursed the cost of safety footwear which is designated as CSA approved safety footwear and satisfactory to the Employer, including meeting LCBO deportment standards upon completion of their probationary period. Such this reimbursement shall not exceed one hundred and fifty dollars ($150.00), and shall be issued upon completion of their probationary period and once every twelve (12) months thereafter.
(ii) In the event that earlier replacement of such safety footwear is required as a result of wear, such footwear shall be surrendered to the Employer and shall be replaced upon the recommendation of the employee’s immediate supervisor. Said replacement shall not exceed one hundred and fifty dollars ($150.00).
(i) Where an employee is at work and is not instructed to work overtime, until the day shift during which the overtime is to be performed, the employee shall be reimbursed for the cost of one (1) actual meal up to ten dollars ($10.00) provided the employee works three (3) hours or more overtime and purchases and consumes such meal during the employee’s shift that day.
32.4 Applying for vacancies
(a) Casuals shall have the right to apply for certain permanent part-time positions in accordance with the provisions of Article 22, Assignments & Job Postings. They shall, however, only be eligible to apply for vacancies within their geographic areas if there is no permanent part-time employee promoted in accordance with Article 22.5 (a).
(b) The Employer agrees to give consideration to the qualifications and ability of casuals for permanent full-time vacancies at the entry level in their geographic area, provided that no permanent part-time employees have applied. Where qualifications and ability are relatively equal, seniority shall be the determining factor.
32.5 Seniority
(b) A casual employee will lose all seniority and his/her employment will be deemed to have been terminated if he/she is unavailable for work for a period of three (3) months ten (10) consecutive shifts or more, exclusive of any approved leave of absence.
32.6 Casual hours of work shall be allocated weekly according to the seniority of the casual employees assigned to the applicable work unit or department.
ARTICLE 38 – Hours of Work
(Applicable to Permanent Part-time)
38.2 (c) Where an employee is at work and is not instructed to work overtime until the day shift during which the overtime is to be performed, the employee shall be reimbursed for the cost of one (1) meal up to ten dollars ($10.00), provided the employee works three (3) hours or more overtime and purchases and consumes such meal during the employee’s shift that day.
38.3 Where an employee covered by section (a)(i) above is required to work before twelve (12) eight (8) hours have elapsed since the completion of the employee’s previous shift, he/she shall be paid time and one-half (1 1/2) for those hours that fall within the twelve (12) eight (8) hour period
ARTICLE 39 – Paid Holidays
(Applicable to Permanent Part-time)
39.2 An employee shall be compensated for each of the holidays to which he/she is entitled under Article 39.1. The compensation shall be a pro-rated portion of the normal daily hours of work for the classification based on the ratio that his/her weekly core hours of work bear to normal weekly hours of work for the classification as prescribed by the Salary and Classification Schedule. Such compensation shall be considered time worked for the purpose of determining regularly scheduled hours and overtime. Employees who fail without reasonable cause to work all of their last regularly scheduled day of work before the paid holiday or all of their first regularly scheduled day of work after the paid holiday shall not be entitled to the paid holiday.
ARTICLE 42 – Termination Payments
(Applicable to Permanent Part-Time)
42.1(a) For the purposes of this Article “Severance Pay” is an amount computed by multiplying the total number of years of service of as a an permanent employee by the weekly salary to which he/she was entitled at the date he/she ceased to be an employee.
ARTICLE 47 – Uniforms, Attire and Special Allowances
(Applicable to Permanent Part-time)
47.1 Every one (1) year, Tthe Employer shall supply to an employee in the store system an issue of five (5) long sleeve or short sleeve shirts or blouses and two neck ties or scarfs every one (1) year and of a design approved by the Employer. Aprons of a design approved by the Employer will be provided for use by store personnel involved in handling case stock.
47.2 (a) Safety footwear, which is designated as CSA approved and satisfactory to the Employer including meeting LCBO deportment standards, shall be worn by:
(b)(i) Upon proof of purchase, the Employer shall subsidize the cost of such safety footwear for those employees identified in (a) above, to a maximum of one hundred and fifty dollars ($150.00) once every twelve (12) month period.
(ii) In the event that earlier replacement of such safety footwear is required as the result of wear, such footwear shall be surrendered to the Employer and shall be replaced upon the recommendation of the employee's immediate supervisor. Said replacement shall not exceed one hundred and fifty dollars ($150.00).
(c) All-weather jackets and/or work vests will be made available for those warehouse personnel whose work activities justify their use.
ARTICLE 53 – Term of Agreement
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal, Casual)
53.1 This Agreement will continue in effect until To Be Discussed.
Schedule of Casual Hourly Wage Rates: April 1, 2013 – March 31, 2017
Propose Delete Class Code (069) Part-time Store Cashiers
Salary and Classification Schedule: April 1, 2013 – March 31, 2017
Propose delete annualized salaries in the collective agreement.
Propose eliminate Class Code (09) Liquor Store Manager “B” Store Assistant and merge with Class Code (03) Liquor Store Manager 3 ‘A” Store Assistant to result in only one class of Assistant Manager
Propose Delete Class Code (15) Liquor Store Clerk Grade 2 PPT Cashier
APPENDIX 4 – Seasonal Employees
Applicable to Seasonal Employees
(LCBO Logistics Facilities)
SECTION 9 – PAID HOLIDAYS
Entitlement to Pay In Lieu
4-9.3 An employee shall be entitled to the following paid holidays each year: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any special holiday as proclaimed by the Governor-General or Lieutenant Governor. If, during the term of this Agreement, a public holiday is proclaimed by the Governor-General or Lieutenant Governor, such holiday shall be deemed to be a paid holiday. Employees who fail without reasonable cause to work all of their last regularly scheduled day of work before the paid holiday or all of their first regularly scheduled day of work after the paid holiday shall not be entitled to the paid holiday.
SECTION 15 – APPLICABILITY OF PROVISIONS OF COLLECTIVE AGREEMENT
4-15.1 Except as may be specified within this Appendix only the following articles from the remainder of the Collective Agreement are applicable to Seasonal employees as specifically noted and/or modified:
Article 5 (application limited to 5.3 (a) (b) and (c))
Article 32 (applicability limited to 32.1(a), (b), (c), (d), (g), (h), (j) (i), (k), 32.5(a)(i) and (iii), 32.8(a),(b) and (c), 32.9, 32.10, 32.11, and 32.12)
SECTION 16 – LETTERS AND MEMORANDA OF AGREEMENT
4-16.1 Only the following specific Letters/Memoranda are applicable to Seasonal employees:
On Call Policy
May 24, 2002
Mr. J. Coones, President
Ontario Liquor Boards Employees’ Union
5757 Coopers Avenue
Mississauga, Ontario
L4Z 1R9
LETTER OF AGREEMENT – On-Call Policy
Dear Mr. Coones:
It is agreed that the following terms shall apply to those employees who are required by the Employer to be on-call:
1. Employees shall be assigned to be “on-call” on a rotational basis.
2. Compensation to employees who are “on-call” will be one (1) hour of overtime at time and one- half (1 1/2 X) for each twenty-four (24) hour period during which they are required to be “on-call”.
3. When an employee is required to report to work while on-call, he/she shall be paid as follows:
(i) a minimum of four (4) hours at time and one-half (1 ½) when called in and,
(ii) time and one-half (1 ½) for all hours worked where more than four (4) hours is required.
Yours truly,
Wayne Zachar
Director
Employee Relations
July 26, 2005
Mr. John Coones
5757 Coopers Avenue
Mississauga, ON
L4Z 1R9
LETTER OF AGREEMENT – RE: Contracting Out
Dear Mr. Coones:
The Employer agrees there shall be no new contracting out of work that is usually performed by members of the bargaining unit, if a layoff of any permanent full time employees results from such contracting out.
This letter is in force and effect for the term of this collective agreement or any extension under law.
Yours truly,
Wayne Zachar,
Director
Employee Relations
MEMORANDUM OF AGREEMENT – Re: Overtime Equalization for Logistics Facilities
…..
(remainder status quo)
…..
Appendix A – Definitions of Departments and Classifications
Department Classifications
Controls (#968) Vax Systems Operators
Engineering (#963) Pallet Control Clerk
Security (#962) Senior Security Officers
May 16, 2013
Ms. M. Alvarado
Lead Negotiator
Ontario Public Service Employees Union
100 Lesmill Road
Toronto, Ontario
M3B 3P8
LETTER OF AGREEMENT – RE: Scheduling
Upon the Union’s request, the Employer agrees to meet within 60 days following ratification of the 2013 Collective Agreement to discuss concerns pertaining to the Union’s proposals for amendments to Article 7.4 (a) (iii), including double shift store scheduling issues. The purpose of these discussions will be to explore potential opportunities to address the concerns of both parties regarding the proposed amendments. The meeting shall be composed of three (3) “Union Representatives” selected by the Union and three (3) “Employer Representatives” selected by the Employer.
All time off for such meetings shall be charged to the pool under Article 1.5 (a).
The Union agrees to adjourn the outstanding grievances (GSB #2012-0137, 0138, 0139, 0140, 0141, 0142, 0143, 0397, and 0398) to provide time for meaningful discussions.
Yours truly,
Wayne Zachar
Director, Employee Relations, Corporate Health & Safety Services
Liquor Control Board of Ontario
May 16, 2013
Ms. M. Alvarado, Lead Negotiator
Ontario Public Service Employees Union
100 Lesmill Road
Toronto, Ontario
M3B 3P8
LETTER OF AGREEMENT – RE: Health and Safety
Dear Ms. Alvarado:
The Letter of Agreement confirms that Health and Safety issues were discussed extensively during the negotiations 2013.
The parties recognize their mutual interest in ensuring the health and safety of all Employees and are committed to cooperating fully, individually and collectively for the advancement of health and safety.
The parties understand and will comply with their duties and obligations in respect of the Occupational Health and Safety Act and its regulations. The Letter of Agreement is not intended to prevent the employer from developing, implementing, and maintaining policies, programs and guidelines but rather to establish a collaborative relationship between the Employer, the Union, the Provincial Health and Safety Committee and Regional/Local Health and Safety Committees and Health and Safety Representatives.
Furthermore, the PHSC should establish administrative practices for the sharing of relevant information between the Employer and the Regional/Local Health and Safety Committees and to openly engage in discussions related to critical injury prevention, work refusals, unsafe work places and workload.
In addition, the employer agrees that at least one (1) member of the bargaining unit elected/appointed to each workplace safety committee as required by OHSA is a certified member. All members including those from the PHSC shall become certified no later than November 30, 2013. The certification will be done by the Workers Health and Safety Centre for certification training to June 30, 2014 at which time the parties will review the continuation of the service provider. All cost associated with certification training as required by law shall be compensated by the Employer.
Yours truly,
Wayne Zachar,
Director, Employee Relations, Corporate Health & Safety Services
May 16 , 2013
Ms. M. Alvarado
Lead Negotiator
Ontario Public Service Employees Union
100 Lesmill Road
Toronto, Ontario
LETTER OF AGREEMENT – RE: JOBS
The Employer agrees to post and fill a minimum of fifty (50) PFT bargaining unit jobs per contract year for a total of two hundred (200) PFT bargaining unit jobs during the term of the Collective Agreement as follows:
-
Post and fill a minimum cumulative total of 50 jobs by January , 2014 -
Post and fill a minimum cumulative total of 100 jobs by January , 2015 -
Post and fill a minimum cumulative total of 150 jobs by January , 2016 -
Post and fill a minimum cumulative total of 200 jobs by January , 2017
The number of positions mentioned above are in addition to any positions declared as part of the PVR process for each year.
The Union agrees to withdraw all seventeen (17) 2012 PVR grievances.
The Employer agrees to recruit/ hire twenty a total of twenty (20) casual employees at the Logistics Service Centres within sixty (60) days following ratification.
Yours truly,
Wayne Zachar
Director, Employee Relations, Corporate Health & Safety Services
Liquor Control Board of Ontario