LCBO and the Union agree to uphold the Human Rights Code and will not under any circumstances permit employment practices and procedures in contravention of it. Accordingly, there shall be no discrimination, interference, restriction, coercion or harassment exercised or practiced in any matter concerning the application of the provisions of this Agreement by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences (unless the employee’s record of offences is a reasonable and bona fide qualification because of the nature of employment), marital status, family status, or disability(including AIDS/HIV status), nor by reason of the employee's non-membership, membership or activity in the Union or as defined in the Ontario Human Rights Code.
In addition to the Ontario Human Rights Grounds, the parties will recognize national origin, language of origin, religious or political affiliation or belief, number of dependents, gender orientation, parental status, personal appearance, mode of dress, place of residence, academic school of thought, or mental health (including learning disability).
2.2 Right to Representation
An employee has the right to be accompanied by a Union Representative when filing a complaint under the Employer’s policy Manual Section – Human Rights/Workplace Harassment Prevention, Subjects: Discrimination and Harassment Prevention and Internal Resolutions Process. The Union shall be entitled to receive a written investigation report, upon request.
2.3 No Reprisal
The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee’s membership or non-membership in the Union, because of an employee’s activity or lack of activity in the Union, or because of an employee filing or not filing a grievance or because of the exercise by an employee of a right under this Agreement or under the Crown Employees Collective Bargaining Act.
Further, every employee has a right to a workplace free of harassment, discrimination, reprisal or retaliation. Accordingly, every employee may bring forward, provide information, assist, or otherwise be involved in the resolution of a complaint without fear of retaliation or reprisal including, but not limited to, disciplinary action or discharge, whether that complaint is brought forward through a grievance under the collective agreement or a complaint in accordance with another LCBO policy or guideline.
Any allegation(s) of reprisal or retaliation may be the subject of a grievance commencing at Stage 2.
2.4 Duty to Accommodate
The Employer, employees and the Union agree that they will comply with their duty to accommodate under the Ontario Human Rights Code or due to WSIB.
The Union shall be fully involved in the accommodation process.
…….
2.6 Equity
LCBO and the Union are committed to equal opportunity in employment for women, indigenous people, people with disabilities, and people who because of their race, colour, sexual orientation or gender orientation have been traditionally disadvantaged in Canada. LCBO and the Union are committed to employment equity and to make reasonable effort to achieving and maintaining a workforce representative of those identified groups available for recruitment and promotion by the LCBO.
2.7 Sexual Harassment
Sexual harassment shall be considered discrimination under Article 2.1 of this Agreement.
Harassment based on sex includes:
(a) Unwanted sexual attention of a persistent or abusive nature, by a person who knows or ought reasonably to know that such attention is unwanted; or
(b) A course of physical or verbal conduct, or other forms of communications occurring while a member is in the employ of LCBO or acting on behalf of LCBO, that is directed at one or more specific individual, that emphasizes the sex or sexual orientation of the individual or those individuals in a manner which is known or ought reasonably to be known to create for that individual or those individuals an intimidating, hostile, or offensive working environment and that exceeds the bounds of freedom of expression as it is understood in applicable LCBO policies and accepted practices, including but not restricted to those explicitly adopted; or
(c) Implied or expressed promise of reward for complying with a sexually oriented request; or
(d) Implied or expressed threat or reprisal, in the form of either actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request.
(e) Where an Employee alleges sexual harassment, he/she may submit a complaint under LCBO Sexual Harassment Policy. Where an Employee raises a complaint, the Employer shall, within 45 days of the initial complaint, fully investigate and make a determination. Nothing prevents an employee from filing a grievance while the investigation is underway. Where the person normally hearing the complaint is the alleged harasser, the next level of management shall investigate.
(f) The time limit for filing a complaint under LCBO Sexual Harassment Policy or a grievance alleging sexual harassment under this collective agreement shall be no longer than six (6) months after the occurrence of the matter which is the subject of the complaint/grievance. Where the alleged harasser is the Supervisor of the complainant/grievor, the time limit to file a complaint or grievance shall extend to twelve (12) months.
2.8 Bullying and General Harassment
LCBO will provide an environment where members of the Bargaining Unit are not subjected to bullying and/or personal harassment. Where an Employee raises a complaint of harassment, the Employer shall, within 45 days of the initial complaint, fully investigate and make a determination. Nothing prevents an employee from filing a grievance while the investigation is underway.
Article 3 – Relationships
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal, Casual)
(a) The Union agrees that no employee or Union official will solicit membership in the Union, collect dues or engage in any unreasonable Union activity on the Employer’s premises or during thethat Employee’s working hours of an employee, except as provided for in this Agreement.
(b) Violation by an employee of any of the foregoing provisions shall be cause for discharge or discipline, subject to the provisions of the Grievance Procedure of Article 28.
…….
3.6 Union Member Orientation
The Employer agrees to designate up to fifteen (15) minutes for a Union Representative(s) to have the opportunity to meet with new Bargaining unit employees during the Employer’s new orientation meeting. The Union Representative orientation time shall be scheduled ten (10) minutes prior to the start of the lunch time. The Union Representative shall be entitled to be absent from work for the purpose of attending the orientation meeting without loss of pay or credits. Time off will be invoiced directly to the Liquor Board Employees’ Division of OPSEU as per the terms of Article 1.5 (b) of the Collective Agreement.
It is understood that the Employer may withhold the Union orientation privileges set out in this Article if they disrupt the Employer’s orientation meeting.
Article 5 – Seniority
(Applicable to Permanent Full-time, Permanent Part-time)
5.5 A seniority list shall be provided quarterly to each local president for employees within their local, to be sorted by location.
Article 6 – Job Security
(Applicable to Permanent Full-time, Seasonal and Casual: with applicability limited in respect of Seasonal and Casual employees to 6.7 (f) (iii) and 6.17 exclusively. 6.7(e) shall also be applicable exclusively to Seasonal employees.)
6. 1 ……
(d) The Employer shall release casual and seasonal employees, in reverse order of seniority, prior to any layoff notice issued to a permanent part-time or permanent full-time.
6.7 Displacement
An employee who has completed his/her probationary period and who is subject to lay-off as a surplus employee shall have the right to displace the least senior an employee within the work area and whom also has lower seniority than the surplus Employee, who shall be identified by the Employer in the following manner and sequence:
a) Within the same classification in the employees work area, or failing that;
b) Within the next lower class with in the class series, to be repeated until a position is found or the class series is exhausted, or failing that;
c) Within descending order of any class series that the surplus employee has worked within the organization, or failing that;
d) All locations other than logistics facilities: Repeating the steps in a) through to c) but looking for a PPT position, or failing that;
e) Logistics facilities only: Repeating the steps in a) through to c) but looking for a seasonal position, or failing that;
f) Repeating the steps in a) through to c) but looking for a casual position
(a) Within the surplus employee's work area, the Employer will identify the employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee.
(b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee's work area, in descending order, until a class is found in which the employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee.
(c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee's work area, in descending order, until a class is found in which the employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee.
(d) Failing the opportunity for displacement under (c) above, the Employer will review any permanent part-time positions within the surplus employee's work area in descending order of hours until a position is found where the surplus employee has more seniority than the employee occupying the position. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee.
(e) In logistics facilities where seasonal employees exist, and failing the opportunity for displacement under (c) above, the Employer will identify any seasonal employees within the surplus employee’s work area. The surplus employee will displace the seasonal employee with the least seniority provided that the surplus employee is qualified to perform the work of such employee. Article 6.16 will apply in the event a permanent full-time employee is assigned to seasonal employment under this provision.
(f) (i) Failing the opportunity for displacement under (d) above, the Employer shall review casual work requirements in the surplus employee's work area until a work site is found where the surplus employee's seniority exceeds the casual employee's seniority. Such employee(s) shall be displaced by the surplus employee provided that the surplus employee agrees to such a placement.
(ii) A permanent full-time employee who displaces a permanent part-time employee shall retain his/ her permanent full-time seniority during his/her status as a permanent part-time employee.
(iii) A permanent full-time employee who displaces a seasonal or casual employee shall retain his/her permanent full-time seniority during his/her status as a seasonal or casual employee.
(g) An employee may elect to waive one (1) or more of their displacement rights under Article 6.7 for the purpose of avoiding the need to travel to a new establishment.
(h) A surplus employee who elects displacement under Article 6.7 may, at any step of the process, elect for the search to be expanded outside of the work area when no position is found within the work area. When such election is made, the next step of the displacement process shall not be utilized until the election for a search outside the work area is satisfied.
When searching outside the work area, the Employer shall look at locations nearest to the Employees work area and expanding outward, based on the criteria utilized within the work area.
(i) Where the employee accepts a position outside of his/her work area and the distance from his/her residence is greater than fifty (50) kilometres the Employer agrees to the reimbursement of approved relocation expenses up to five thousand dollars ($5,000.00). Approved relocation expenses are identified in the Employer's Administration Manual.
*New article*
6.21 Quality Public Services
Preamble
a) The Employer and the Union share a commitment to ensuring that the citizens of Ontario receive quality public services delivered in an effective and professional manner by LCBO employees. The parties agree to explore options to improve and enhance the delivery of public services and that new services offered meet the highest possible standard.
b) The parties further agree to ensure that LCBO services in Ontario are provided in an accountable, transparent and efficient manner to all members of the public.
c) The Union and the Employer agree to establish a process to encourage input from employees on how the delivery of the services they provide can be improved and delivered in a more effective and efficient manner.
Notification
d) The Employer agrees that it will notify the Union of any proposals being considered to any services that are covered by this collective agreement that would involve the transfer, conveyance, disposition or sale of an undertaking, all or part of a business, program, project or work currently carried out by the Employer and employees covered by this collective agreement to another organization.
e) The Employer further agrees that no proposal for a transfer of an undertaking will be considered, and that work of the bargaining unit will not be privatized or contracted out to the private sector, unless there is demonstrable evidence these will lead to improved delivery of public services and the process below has been followed:
I. Prior to developing an RFP or making any recommendations, the Employer and the Union will establish a Public Service Review Committee (PSRC) that will review and analyze the proposal under consideration. The PSRC will be provided with all relevant information necessary to conduct a cost benefit analysis of the proposal to determine what the actual costs of the proposal will be. The cost benefit analysis will include a comprehensive social and economic impact study.
II. The PSRC will have equal representation from the Union and the Employer and an independent third party will be hired by the Employer to act as Chair. For the time spent participating in the work of the PSRC, employees' salary, credits, and applicable benefits shall be maintained by the Employer. For clarify, such coverage shall not be counted against the pool of union leave days listed in Article 1.5(a).
III. The PSRC shall decide on a mechanism for consultation with members of the public who may be affected by the proposal and for input from other stakeholders.
IV. The PSRC will issue a final report and recommendations which shall be made public and shared with the appropriate politicians and/or government bureaucrats.
V. The Employer agrees that any proposal for a transfer of an undertaking described above will proceed only if the PSRC determines that it will lead to improved delivery and quality of services with the same level of accountability and transparency that is provided by the public service.
VI. If there is a transfer of an undertaking agreed to by the PSRC, employees will have the ability to move to the new employer with all existing rights, benefits and entitlements as per the Enhanced Severance Letters of Agreement in this collective agreement.
Contracting In
f) The parties agree that the PLMC will review any existing contracted out work or work conducted by consultants which would otherwise be bargaining unit work, with a view to assessing the practicality and cost-effectiveness of having such work performed in-house by members of the OPSEU bargaining unit.
g) The Employer will provide the Union on an annual basis with disclosure of all existing contracts for work that could be covered under the collective agreement. This shall include, but not be limited to, information about the contractor, the length and cost of the contract, as well as the cost of negotiating, administering and supervising the contract.
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 (a) 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:
(i) Retail – Stores and Depot
The work week for stores shall be from 12:010 a.m. Monday to 12:0011:59 p.m. Fridaymidnight Saturday. Shifts defined in this article shall be scheduled on a minimum one (1) week basis. Night shifts, as defined in this article, shall begin at 11pm on Sunday.
Day Shifts (1 hr. unpaid lunch)
8:00 a.m. to 5:00 p.m.
8:30 a.m. to 5:30 p.m.
9:00 a.m. to 6:00 p.m.
9:15 a.m. to 6:15 p.m. (where 6:00 p.m. is the normal closing for that day)
*parties to discuss available hours outside of defined day shifts*
……..
Night shift
Ontario Public Service Employees Union
On behalf of its
Liquor Board Employees Division
and
Liquor Control Board of Ontario
Wednesday February 22, 2017
The following are contract proposals of OPSEU and its Liquor Board Employees Division
The union reserves the right to add to, deleted from, amend or modify any or all of these proposals at any time during negotiations
Language Proposal Changes Guide
Delete Language: Strikethrough
Add Language: Bold
Current language (status quo): Regular type font
Move to next amended article ……..
Note about proposal: * italic type font with bookend asterisks *
Article 1 – Recognition
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal, Casual)
1.1 …….
(c) The Union acknowledges that it is the exclusive function of management to:
- maintain order, discipline and efficiency;
- hire, dismiss, transfer, classify, assign, appoint, promote, demote, layoff, recall, suspend or otherwise discipline employees for just cause, subject to the right to grieve as provided for in this Agreement;
- manage the operation and without restricting the generality of the foregoing, the right to plan, direct and control operations, direct its employees, determine complement, methods and the number, location and class of employees as required from time to time, the scheduling and assignment of work based on seniority, cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this agreement.
The Employer agrees that these functions will be exercised in a manner consistent with the provisions of this Agreement.
………
1.4 (a) The Employer agrees to recognize Union Representatives, which includes elected Local Union Presidents, Local Unit Stewards, Stewards, Officers of the Union’s executive, OPSEU Staff Representatives assigned to the LBED and other Union members authorized to engage in official Union business, as designated by the Union.
Article 2 – Harassment and Discrimination
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal, Casual)
*language additions would result in renumbering of current articles*
2.1 No Discrimination or Harassment
LCBO and the Union agree to uphold the Human Rights Code and will not under any circumstances permit employment practices and procedures in contravention of it. Accordingly, there shall be no discrimination, interference, restriction, coercion or harassment exercised or practiced in any matter concerning the application of the provisions of this Agreement by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences (unless the employee’s record of offences is a reasonable and bona fide qualification because of the nature of employment), marital status, family status, or disability(including AIDS/HIV status), nor by reason of the employee's non-membership, membership or activity in the Union or as defined in the Ontario Human Rights Code.
In addition to the Ontario Human Rights Grounds, the parties will recognize national origin, language of origin, religious or political affiliation or belief, number of dependents, gender orientation, parental status, personal appearance, mode of dress, place of residence, academic school of thought, or mental health (including learning disability).
2.2 Right to Representation
An employee has the right to be accompanied by a Union Representative when filing a complaint under the Employer’s policy Manual Section – Human Rights/Workplace Harassment Prevention, Subjects: Discrimination and Harassment Prevention and Internal Resolutions Process. The Union shall be entitled to receive a written investigation report, upon request.
2.3 No Reprisal
The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee’s membership or non-membership in the Union, because of an employee’s activity or lack of activity in the Union, or because of an employee filing or not filing a grievance or because of the exercise by an employee of a right under this Agreement or under the Crown Employees Collective Bargaining Act.
Further, every employee has a right to a workplace free of harassment, discrimination, reprisal or retaliation. Accordingly, every employee may bring forward, provide information, assist, or otherwise be involved in the resolution of a complaint without fear of retaliation or reprisal including, but not limited to, disciplinary action or discharge, whether that complaint is brought forward through a grievance under the collective agreement or a complaint in accordance with another LCBO policy or guideline.
Any allegation(s) of reprisal or retaliation may be the subject of a grievance commencing at Stage 2.
2.4 Duty to Accommodate
The Employer, employees and the Union agree that they will comply with their duty to accommodate under the Ontario Human Rights Code or due to WSIB.
The Union shall be fully involved in the accommodation process.
…….
2.6 Equity
LCBO and the Union are committed to equal opportunity in employment for women, indigenous people, people with disabilities, and people who because of their race, colour, sexual orientation or gender orientation have been traditionally disadvantaged in Canada. LCBO and the Union are committed to employment equity and to make reasonable effort to achieving and maintaining a workforce representative of those identified groups available for recruitment and promotion by the LCBO.
2.7 Sexual Harassment
Sexual harassment shall be considered discrimination under Article 2.1 of this Agreement.
Harassment based on sex includes:
(a) Unwanted sexual attention of a persistent or abusive nature, by a person who knows or ought reasonably to know that such attention is unwanted; or
(b) A course of physical or verbal conduct, or other forms of communications occurring while a member is in the employ of LCBO or acting on behalf of LCBO, that is directed at one or more specific individual, that emphasizes the sex or sexual orientation of the individual or those individuals in a manner which is known or ought reasonably to be known to create for that individual or those individuals an intimidating, hostile, or offensive working environment and that exceeds the bounds of freedom of expression as it is understood in applicable LCBO policies and accepted practices, including but not restricted to those explicitly adopted; or
(c) Implied or expressed promise of reward for complying with a sexually oriented request; or
(d) Implied or expressed threat or reprisal, in the form of either actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request.
(e) Where an Employee alleges sexual harassment, he/she may submit a complaint under LCBO Sexual Harassment Policy. Where an Employee raises a complaint, the Employer shall, within 45 days of the initial complaint, fully investigate and make a determination. Nothing prevents an employee from filing a grievance while the investigation is underway. Where the person normally hearing the complaint is the alleged harasser, the next level of management shall investigate.
(f) The time limit for filing a complaint under LCBO Sexual Harassment Policy or a grievance alleging sexual harassment under this collective agreement shall be no longer than six (6) months after the occurrence of the matter which is the subject of the complaint/grievance. Where the alleged harasser is the Supervisor of the complainant/grievor, the time limit to file a complaint or grievance shall extend to twelve (12) months.
2.8 Bullying and General Harassment
LCBO will provide an environment where members of the Bargaining Unit are not subjected to bullying and/or personal harassment. Where an Employee raises a complaint of harassment, the Employer shall, within 45 days of the initial complaint, fully investigate and make a determination. Nothing prevents an employee from filing a grievance while the investigation is underway.
Article 3 – Relationships
(Applicable to Permanent Full-time, Permanent Part-time, Seasonal, Casual)
(a) The Union agrees that no employee or Union official will solicit membership in the Union, collect dues or engage in any unreasonable Union activity on the Employer’s premises or during thethat Employee’s working hours of an employee, except as provided for in this Agreement.
(b) Violation by an employee of any of the foregoing provisions shall be cause for discharge or discipline, subject to the provisions of the Grievance Procedure of Article 28.
…….
3.6 Union Member Orientation
The Employer agrees to designate up to fifteen (15) minutes for a Union Representative(s) to have the opportunity to meet with new Bargaining unit employees during the Employer’s new orientation meeting. The Union Representative orientation time shall be scheduled ten (10) minutes prior to the start of the lunch time. The Union Representative shall be entitled to be absent from work for the purpose of attending the orientation meeting without loss of pay or credits. Time off will be invoiced directly to the Liquor Board Employees’ Division of OPSEU as per the terms of Article 1.5 (b) of the Collective Agreement.
It is understood that the Employer may withhold the Union orientation privileges set out in this Article if they disrupt the Employer’s orientation meeting.
Article 5 – Seniority
(Applicable to Permanent Full-time, Permanent Part-time)
5.5 A seniority list shall be provided quarterly to each local president for employees within their local, to be sorted by location.
Article 6 – Job Security
(Applicable to Permanent Full-time, Seasonal and Casual: with applicability limited in respect of Seasonal and Casual employees to 6.7 (f) (iii) and 6.17 exclusively. 6.7(e) shall also be applicable exclusively to Seasonal employees.)
6. 1 ……
(d) The Employer shall release casual and seasonal employees, in reverse order of seniority, prior to any layoff notice issued to a permanent part-time or permanent full-time.
6.7 Displacement
An employee who has completed his/her probationary period and who is subject to lay-off as a surplus employee shall have the right to displace the least senior an employee within the work area and whom also has lower seniority than the surplus Employee, who shall be identified by the Employer in the following manner and sequence:
a) Within the same classification in the employees work area, or failing that;
b) Within the next lower class with in the class series, to be repeated until a position is found or the class series is exhausted, or failing that;
c) Within descending order of any class series that the surplus employee has worked within the organization, or failing that;
d) All locations other than logistics facilities: Repeating the steps in a) through to c) but looking for a PPT position, or failing that;
e) Logistics facilities only: Repeating the steps in a) through to c) but looking for a seasonal position, or failing that;
f) Repeating the steps in a) through to c) but looking for a casual position
(a) Within the surplus employee's work area, the Employer will identify the employee with the least seniority in the same class in which the surplus employee is presently working and if such employee has less seniority than the surplus employee, he/she shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee.
(b) Failing the opportunity for displacement under (a) above, the Employer will review the classes in the same class series within the surplus employee's work area, in descending order, until a class is found in which the employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided that the surplus employee is qualified to perform the work of such employee.
(c) Failing the opportunity for displacement under (b) above, the Employer will review the classes in any other class series in which the surplus employee has served since his/her appointment date within the surplus employee's work area, in descending order, until a class is found in which the employee with the least seniority in the class has less seniority than the surplus employee. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee.
(d) Failing the opportunity for displacement under (c) above, the Employer will review any permanent part-time positions within the surplus employee's work area in descending order of hours until a position is found where the surplus employee has more seniority than the employee occupying the position. Such employee shall be displaced by the surplus employee, provided the surplus employee is qualified to perform the work of such employee.
(e) In logistics facilities where seasonal employees exist, and failing the opportunity for displacement under (c) above, the Employer will identify any seasonal employees within the surplus employee’s work area. The surplus employee will displace the seasonal employee with the least seniority provided that the surplus employee is qualified to perform the work of such employee. Article 6.16 will apply in the event a permanent full-time employee is assigned to seasonal employment under this provision.
(f) (i) Failing the opportunity for displacement under (d) above, the Employer shall review casual work requirements in the surplus employee's work area until a work site is found where the surplus employee's seniority exceeds the casual employee's seniority. Such employee(s) shall be displaced by the surplus employee provided that the surplus employee agrees to such a placement.
(ii) A permanent full-time employee who displaces a permanent part-time employee shall retain his/ her permanent full-time seniority during his/her status as a permanent part-time employee.
(iii) A permanent full-time employee who displaces a seasonal or casual employee shall retain his/her permanent full-time seniority during his/her status as a seasonal or casual employee.
(g) An employee may elect to waive one (1) or more of their displacement rights under Article 6.7 for the purpose of avoiding the need to travel to a new establishment.
(h) A surplus employee who elects displacement under Article 6.7 may, at any step of the process, elect for the search to be expanded outside of the work area when no position is found within the work area. When such election is made, the next step of the displacement process shall not be utilized until the election for a search outside the work area is satisfied.
When searching outside the work area, the Employer shall look at locations nearest to the Employees work area and expanding outward, based on the criteria utilized within the work area.
(i) Where the employee accepts a position outside of his/her work area and the distance from his/her residence is greater than fifty (50) kilometres the Employer agrees to the reimbursement of approved relocation expenses up to five thousand dollars ($5,000.00). Approved relocation expenses are identified in the Employer's Administration Manual.
*New article*
6.21 Quality Public Services
Preamble
a) The Employer and the Union share a commitment to ensuring that the citizens of Ontario receive quality public services delivered in an effective and professional manner by LCBO employees. The parties agree to explore options to improve and enhance the delivery of public services and that new services offered meet the highest possible standard.
b) The parties further agree to ensure that LCBO services in Ontario are provided in an accountable, transparent and efficient manner to all members of the public.
c) The Union and the Employer agree to establish a process to encourage input from employees on how the delivery of the services they provide can be improved and delivered in a more effective and efficient manner.
Notification
d) The Employer agrees that it will notify the Union of any proposals being considered to any services that are covered by this collective agreement that would involve the transfer, conveyance, disposition or sale of an undertaking, all or part of a business, program, project or work currently carried out by the Employer and employees covered by this collective agreement to another organization.
e) The Employer further agrees that no proposal for a transfer of an undertaking will be considered, and that work of the bargaining unit will not be privatized or contracted out to the private sector, unless there is demonstrable evidence these will lead to improved delivery of public services and the process below has been followed:
I. Prior to developing an RFP or making any recommendations, the Employer and the Union will establish a Public Service Review Committee (PSRC) that will review and analyze the proposal under consideration. The PSRC will be provided with all relevant information necessary to conduct a cost benefit analysis of the proposal to determine what the actual costs of the proposal will be. The cost benefit analysis will include a comprehensive social and economic impact study.
II. The PSRC will have equal representation from the Union and the Employer and an independent third party will be hired by the Employer to act as Chair. For the time spent participating in the work of the PSRC, employees' salary, credits, and applicable benefits shall be maintained by the Employer. For clarify, such coverage shall not be counted against the pool of union leave days listed in Article 1.5(a).
III. The PSRC shall decide on a mechanism for consultation with members of the public who may be affected by the proposal and for input from other stakeholders.
IV. The PSRC will issue a final report and recommendations which shall be made public and shared with the appropriate politicians and/or government bureaucrats.
V. The Employer agrees that any proposal for a transfer of an undertaking described above will proceed only if the PSRC determines that it will lead to improved delivery and quality of services with the same level of accountability and transparency that is provided by the public service.
VI. If there is a transfer of an undertaking agreed to by the PSRC, employees will have the ability to move to the new employer with all existing rights, benefits and entitlements as per the Enhanced Severance Letters of Agreement in this collective agreement.
Contracting In
f) The parties agree that the PLMC will review any existing contracted out work or work conducted by consultants which would otherwise be bargaining unit work, with a view to assessing the practicality and cost-effectiveness of having such work performed in-house by members of the OPSEU bargaining unit.
g) The Employer will provide the Union on an annual basis with disclosure of all existing contracts for work that could be covered under the collective agreement. This shall include, but not be limited to, information about the contractor, the length and cost of the contract, as well as the cost of negotiating, administering and supervising the contract.
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 (a) 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:
(i) Retail – Stores and Depot
The work week for stores shall be from 12:010 a.m. Monday to 12:0011:59 p.m. Fridaymidnight Saturday. Shifts defined in this article shall be scheduled on a minimum one (1) week basis. Night shifts, as defined in this article, shall begin at 11pm on Sunday.
Day Shifts (1 hr. unpaid lunch)
8:00 a.m. to 5:00 p.m.
8:30 a.m. to 5:30 p.m.
9:00 a.m. to 6:00 p.m.
9:15 a.m. to 6:15 p.m. (where 6:00 p.m. is the normal closing for that day)
*parties to discuss available hours outside of defined day shifts*
……..
Night shift