Common use of STRIKES OR LOCK-OUTS Clause in Contracts

STRIKES OR LOCK-OUTS. The Employer agrees that during the life of the Agreement it will not cause or direct any lock-outs of its employees, and the Union agrees that dur- ing the life of the Agreement there will be no strikes or other collective action of employees covered by this Agreement, which will stop or interfere with production or services. The words “strike” and “lock-out” in this Agree- ment shall mean “strike” and “lock-out” as defin- ed in the Ontario Labour Relations Act. If an illegal strike occurs the Union will instruct its members to carry out the provisions of this Agreement and to return to work and perform their duties in the usual manner. The Employer, whenever possible, will provide safe conditionsin the event of any dispute that may arise between any other Employer dur- ing the life of the Agreement, provided however, that subject to the above, employees work each and every scheduled workday during this Agreement regardless of any labour strife or pro- blems confronting the Employer or any other employers. ARTICLE NEGOTIATING COMMITTEES The Employer acknowledges the right of the Union to appoint or otherwise select a Negotiating Com- mittee of not more than one employee per hotel and full-time Business Representativesof the Local Union, who shall be presently employed in the trade, and will recognize and deal with the said Committee with respect to any matter which pro- perly arises from time to time during the term of this Agreement, and the said Committee will co- operate with the Employer in the administration of the Agreement. I Any amendments to this Agreement during its current term shall only be incorporatedby mutual consent of the Union and the Management Committees. It is clearly understood that the Negotiating Com- mittee is a separate entity, and will deal with such matters as are properly the subject of negotiations, including proposals for the renewal or modifica- tions of this Agreement at the proper time as provided for herein. In accordance with this understanding each Employer will compensate such employee for time spent in negotiating with the Employer, at their regular rate of pay, and that this does not apply to time spent on such matters outside of regular working hours. For the purposes of interpreting the number of people to receive payment on this Committee the formula of one Committee member per hotel will be used, or a number otherwise mutually agreed upon by the parties.

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

STRIKES OR LOCK-OUTS. The Employer agrees It is agreed that during the life of the Agreement it will not cause or direct any lock-outs of its employees, and the Union agrees that dur- ing the life of the Agreement there will be no lock-outs by the Employer and no strikes or other collective action by the The Canadian Union of employees Public Employees Local (Maintenance, Caretaker, Bus Driver) Collective Agreement September August Page Union as long as this Agreement continues to operate. No employee covered by this Agreement, which Agreement will stop or interfere with production or servicesbe required to perform work normally done by any other employee of the Employer engaged in a legal strike. The words “strike” and “lock-out” in this Agree- ment shall mean “strike” and “lock-out” ARTICLE SENIORITY Seniority is defined as defin- ed the length of service in the Ontario Labour Relations Act. If an illegal strike occurs the Union will instruct its members to carry out the provisions of this Agreement and to return to work and perform their duties in the usual manner. The Employer, whenever possible, will provide safe conditionsin the event of any dispute that may arise between any other Employer dur- ing the life of the Agreement, provided however, that subject to the above, employees work each and every scheduled workday during this Agreement regardless of any labour strife or pro- blems confronting bargaining unit with the Employer or any predecessor school board and shall be used in determining preference for promotions, transfers, demotions, layoff and recall. Seniority shall operate on a bargaining unit wide basis. Employees of the other employersLocal bargaining unit, provided there has been no break in service, who become members of this bargaining unit as per article subsequent to January shall carry over their seniority as though it was service in this bargaining unit. ARTICLE NEGOTIATING COMMITTEES Newly hired employees for permanent positions shall be considered to be on probation until has worked a total of (eighty) worked days from the date of hiring. During the probationary period, employees shall not be entitled to grieve a discipline, suspension, lay-off or discharge and shall not be eligible for the fringe benefits detailed under Articles to inclusive until after completion of the third (3rd) month of the probationary period. After completion of the probationary period, seniority and sick leave credits shall be effective from the original date of employment. The Employer acknowledges the right agrees to post seniority lists by May of the Union to appoint or otherwise select a Negotiating Com- mittee of not more than one employee per hotel and full-time Business Representativesof the Local Unioneach year showing seniority status, who shall be presently employed in the tradeclassification, and will recognize site location of each employee and deal with to furnish a copy of such lists to the said Committee with respect Union. Should an employee question the accuracy of relative seniority status or documentation used to any matter which pro- perly arises from time to time during determine relative seniority status as depicted on the term of this Agreementseniority list, and the said Committee will co- operate with the Employer in the administration of the Agreement. I Any amendments to this Agreement during its current term employee shall only be incorporatedby mutual consent of notify the Union and the Management CommitteesBoard in writing to this effect. It is clearly understood that The parties and the Negotiating Com- mittee is a separate entity, and will deal with employee shall meet within ten 0) working days after the Board receives any such matters written notification to resolve the matter. Any discrepancies in seniority must be brought to the attention of Human Staff by June of each year. The Employer agrees to correct any errors as are properly mutually agreed upon. No change shall be made in the subject seniority status of negotiations, including proposals for the renewal or modifica- tions of this Agreement at the proper time as provided for herein. In accordance with this understanding each Employer will compensate such an employee for time spent in negotiating without consultation with the EmployerUnion. An employee shall not lose seniority rights if is absent from work because of sickness, at their regular rate of payaccident, and that this does not apply to time spent on such matters outside of regular working hours. For the purposes of interpreting the number of people to receive payment on this Committee the formula of one Committee member per hotel will be usedlay-off, or a number otherwise mutually agreed upon leave of absence approved by the parties.Employer. The Canadian Union of Public Employees Local (Maintenance, Caretaker, Bus Driver) Collective Agreement September August Page An employee shall forfeit all seniority rights in the event that:

STRIKES OR LOCK-OUTS. The Employer agrees that during the life of the Agreement it will not cause or direct any lock-outs of its employees, and the Union agrees that dur- ing during the life of the Agreement there will be no strikes or other collective action of employees covered by this Agreement, which will stop or interfere with interferewith production or services. The words “strike” and “lock-out” in this Agree- ment the Agreement shall mean “strike” and “lock-out” as defin- ed defined in the Ontario Labour Relations Act. If an illegal strike occurs the Union will instruct its members to carry out the provisions of this Agreement and to return to work and perform their duties in the usual manner. The Employer, whenever possible, will provide safe conditionsin working conditions in the event of any dispute that may arise between any other Employer dur- ing employer during the life of the Agreement, provided however, that subject to the above, employees work each and every scheduled workday work day occurring during this Agreement regardless of any labour strife or pro- blems problems confronting the Employer or any other employersemployees. ARTICLE NEGOTIATING COMMITTEES The Employer acknowledges the right of the Union to appoint or otherwise select a Negotiating Com- mittee Committee that will consist of not more than one employee per hotel six (6) Union members and full-time Local Business Representativesof the Local Union, who shall be presently employed in the trade, Representative and will recognize and deal with the said Committee with respect to any matter which pro- perly properly arises from time to time during the term of this Agreement, and the said Committee will co- co-operate with the Employer in the administration of the Agreement. I Any amendments to this Agreement during its current term shall only be incorporatedby incorporated by mutual consent of the Union and the Management CommitteesToronto Prince Hotel. It is clearly understood that the Negotiating Com- mittee Committee is a separate entity, and will deal with such matters as are properly the subject of negotiations, including proposals for the renewal or modifica- tions modifications of this Agreement at the proper time as provided for herein. In accordance with this understanding each the Employer will compensate such employee the employees for time spent in negotiating with the Employer, employer at their regular rate of pay, and that this does not apply to time spent on such matters outside of regular working hours. For the purposes purpose of interpreting the number of people to receive payment on this Committee committee the formula of employer agrees to pay six (6) people on the negotiating committee. If the hotel enters into joint negotiations in the future, two (2) people, one Committee member per hotel gratuity and one (1) non gratuity employee will be used, or a number otherwise mutually agreed upon by the partiespaid.

STRIKES OR LOCK-OUTS. The Union agrees that there shall be no strikes and the Employer agrees that during the life of the Agreement it will not cause or direct any lock-outs of its employees, and the Union agrees that dur- ing the life of the Agreement there will shall be no strikes or other collective action of employees covered by this Agreement, which will stop or interfere with production or services. The words “strike” and “lock-out” in this Agree- ment shall mean “strike” and “lock-out” as defin- ed in the Ontario Labour Relations Act. If an illegal strike occurs the Union will instruct its members to carry out the provisions of this Agreement and to return to work and perform their duties in the usual manner. The Employer, whenever possible, will provide safe conditionsin the event of any dispute that may arise between any other Employer dur- ing the life of the Agreement, provided however, that subject to the above, employees work each and every scheduled workday during this Agreement regardless of any labour strife or pro- blems confronting the Employer or any other employers. ARTICLE NEGOTIATING COMMITTEES The Employer acknowledges the right of the Union to appoint or otherwise select a Negotiating Com- mittee of not more than one employee per hotel and full-time Business Representativesof the Local Union, who shall be presently employed in the trade, and will recognize and deal with the said Committee with respect to any matter which pro- perly arises from time to time lockouts during the term of this Agreement. The meaning of the words and "lockout" shall be as defined in The Labour Relations Act, and Chapter as amended. ARTICLE UNION REPRESENTATION AND COMMITTEES It is mutually agreed that where negotiations are conducted on a joint basis between any or all of the said nursing homes, the Union will elect or select a negotiating committee consisting of one (1) representative from each nursing home. If negotiations are carried on individually for any or all of the nursing homes it is agreed that the Union will elect or otherwise select a negotiating committee consisting of three (3) employees, one (1) of which shall be the Chief Xxxxxxx. All members of the committee shall be regular employees of the Employer who have completed their probationary period. The nursing home members of the Committee will co- operate be paid by the Employer for time used during normally scheduled working hours in negotiations of this Agreement or its successor including all conciliation proceedings but excluding any arbitration proceedings. The Employer will recognize a Stewards Committee which shall consist of a Chief Xxxxxxx and three (3) stewards at each nursing home all selected from the members of the bargaining unit, not more than two (2) of which committee members shall meet with the Employer in the administration at any one time. The Employer shall be advised of the Agreementnames of members of this committee and shall be notified of any changes from time to time. I Any amendments to this Agreement during its current term All members of the committee shall only be incorporatedby mutual consent regular employees of the Employer who have completed their probationary period. The Union acknowledges that the members of the Union and the Management Committees. It is clearly understood that the Negotiating Com- mittee is a separate entityAdministrative Committee must continue to perform their regular duties, and that so far as possible all activities of the committee will deal with such matters as are properly be carried on outside the subject regular working hours of negotiationsthe members thereof, unless otherwise mutually arranged. The Employer shall pay representatives and Committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including proposals for the renewal or modifica- tions arbitration stage, negotiation of this the Collective Agreement at the proper time as provided for herein. In accordance with this understanding each Employer will compensate such employee for time spent in negotiating and renewals thereof, up to and including conciliation, and while attending meetings with the Employer, at their regular rate . Employees on the evening and night shift shall receive paid time off for the actual day of pay, and that this does not apply to time spent on such matters outside of regular working hours. For the purposes of interpreting the number of people to receive payment on this Committee the formula of one Committee member per hotel will be used, or a number otherwise mutually agreed upon by the partiesnegotiating meeting.