Common use of ARTICLE MANAGEMENT RIGHTS Clause in Contracts

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that the control, direction and administration of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoing, the Union recognizes the Company's right to: maintain order, discipline and the efficiency of its employees and its operations; hire, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons that are fair and sufficient; adopt and enforce rules of conduct that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the provisions of this Agreement. Human rights The Company and the Union agree to continue to respect the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel employed by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordingly.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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ARTICLE MANAGEMENT RIGHTS. The Union recognizes acknowledges that it is the control, direction and administration exclusive function of the Company's businessEmployer: To determine and establish standards and procedures for the care, enterprise welfare, safety and employees are vested solely comfort of the residents in the Company. Without limiting the generality of the foregoinghome, the Union recognizes the Company's right to: and to maintain order, discipline and the efficiency of and in connection therewith to establish and enforce rules and regulations, policies and practices from time to time to be observed by its employees and its operations; hire, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons to alter such rules and regulations provided that are fair such rules and sufficient; adopt and enforce rules of conduct that are regulations shall not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the provisions of this Agreement. Human rights It is agreed that prior to altering any present rules and regulations, the said new rules and regulations shall first be approved and signed by the Administrator after which they shall be discussed in detail with the Union Committee and an opportunity afforded to the said Committee to make representation to the Administrator. To hire, discharge, transfer, lay-off, recall, promote, demote, classify, assign duties, suspend or otherwise discipline employees. Claims of discriminatory transfer, promotion, demotion or classification, or claims that an employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject matter of a grievance and dealt with as hereinafter provided. The Company discharge of a probationary employee shall be at the sole discretion, on a rational basis, of the Employer. To control the direction of the working forces, the right to plan, direct and control the operation of the home, the right to introduce new and improved methods, facilities, equipment, the amount of supervision necessary, combining or splitting up of departments, work schedules, the number of employees required for the Employer's purposes and the Union agree to continue to respect the intent increase or reduction of personnel; To exercise any of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes rights, powers, functions or authorities which the Union Employer had prior to the signing of this Agreement except as the sole bargaining for all Cabin Personnel employed by the Companythose rights, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Codepowers, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered functions or authorities are specifically abridged or modified by this Agreement. All passenger flights operated by the Company on its own or leased aircraft It is agreed that such rules will be staffed by Cabin Personnelwhose names appear posted on the system-wide seniority list bulletin board and whose duties on a copy supplied to the Union Committee. It is agreed and understood that these flights are exclusive to Cabin Personnel covered by rights shall not be exercised in a manner inconsistent with the terms of this Agreement; however, when a claim that the terms or conditions Employer has so exercised these rights shall be the proper subject matter of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglygrievance.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes acknowledges that it is the control, direction and administration exclusive function of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoing, the Union recognizes the Company's right Company to: maintain order, discipline and the efficiency of its employees and its operationsefficiency; hire, classify, assign, transferdischarge, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons employees, provided that are fair and sufficient; adopt and enforce rules a claim of conduct an employee that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualificationshe has been discharged, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend disciplined or terminate its operations in whole or in part at any time. These rights otherwise unjustly dealt with may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right subject of a Cabin Attendant to lodge his grievances grievance and dealt with in accordance with the Grievance Procedure. generally to manage its business in all respects in accordance with its obligations, subject to the provisions of this Agreement: make and alter from time to time rules and regulations which are just and fair. Human rights The Company agrees that it shall provide the Unionwith a copy of those rules and the Union agree to continue to respect the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel employed regulations which are made or altered by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board Company from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home basesIn addition, the Company will provide local union executives the Union Executive with reasonable advance notice on the establishment of new rules or any amendments to current rules. The Union will be given an appropriate closed opportunity to discuss these matters with the Company prior to the Company putting into effect any rule or any amendments to a rule. Discussions shall be sought by the Union as early as possible so that there will not be any unreasonable delay before rules or amendments to rules are implemented. ARTICLE UNION The Company recognizes the right of the Union to appoint or otherwise select both a negotiating committee and a grievance committee and the Company undertakes to recognize and deal with both these committees. Wherever possible a grievance shall be processed during the normal working hours of the Xxxxxxx. A Xxxxxxx shall receive his regular rate of pay when a grievance or pending grievances are processed with the Company on Company property or at any other place which is mutually agreed upon by both the Union and the Company. If the Company representative is unable to meet the Xxxxxxx during the Xxxxxxx'x working hours, the Xxxxxxx shall be paid straight time for all time spent during the processing of the grievance with the Company on the Company property or at any other place which is mutually agreed upon by both the Union and the Company. The Union will inform the Company in writing of the name of the Xxxxxxx and any subsequent change in name of the Xxxxxxx. The Company shall not be asked to recognize any Xxxxxxx until such notification from the Union has been received. The Company will notify the Regional Office prior to the suspension or discharge of a Xxxxxxx, except in the case of consumption of intoxicants while on duty or on Company premises, or proven dishonesty. For the purpose of processing specific grievances or disputes, the Union Representative and Stewards shall have access to trip sheets and time cards, that are pertinent to the grievance. Trip sheets and time cards will be made available at the Xxxxxxxx Terminal during the office space for a desk, hours of the Company within three (3) chairsworking days, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is mutually agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglywriting.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that Subject to the control, direction and administration provisions of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoingthis agreement, the Union recognizes that it is the Company's right exclusive function of the management of Franklin Gardens Long Term Care Home to: maintain order, discipline and the efficiency of its employees and its operationsefficiency; hire, discharge, direct, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspendlay-off, discharge or suspend and otherwise discipline employees for reasons cause, provided that are fair and sufficient; adopt and enforce rules a claim of conduct discriminatory or unjust classification, promotion, demotion or transfer or a claim that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend employee has been unjustly discharged or terminate its operations in whole or in part at any time. These rights disciplined may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right subject of a Cabin Attendant to lodge his grievances grievance and dealt with in accordance with the provisions of this Agreement. Human rights The Company grievance procedure; establish and generally enforce rules and regulations to be observed by employees; generally to manage and operate the Union agree to continue to respect the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for Nursing Home, in all Cabin Personnel employed by the Company, respects in accordance with its obligations and without restricting the accreditation certificate by the Canada Industrial Relations Board under the provisions generality of the Canada Labour Codeforegoing, unless directed to determine the kinds and locations of machines, the equipment to be used provided such is safe to operate, all other matters concerning the Nursing Home's operations not otherwise by the Canada Industrial Relations Board from time to timespecifically dealt with elsewhere in this agreement. The Company recognizesthat classifications not included Employer acknowledges the right of the Union to appoint or otherwise select a Negotiating Committee composed of three (3) employees and Union representatives. Each such employee shall have a minimum of six (6) months seniority. The Employer will recognize and meet with said committee to negotiate those matters which properly arise for its consideration. The Employer acknowledges the right of the Union to appoint or otherwise select four (4) Stewards to assist the employees on all shifts in presenting their grievances to the accreditation certificate may not perform the work Employer. The Union agrees that there must be a minimum of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own one (IS)teward appointed or leased aircraft will be staffed by Cabin Personnelwhose names appear otherwise selected on the system-wide seniority list and whose day shift at all times. The Chief Xxxxxxx shall be assigned duties on these flights are exclusive the day shift. The Union acknowledges that Stewards and members of the Negotiating Committee have regular duties to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity perform on behalf of the UnionEmployer and that such persons shall not leave their regular duties without obtaining permission from their immediate supervisor. Non-applicationof Agreement Permission from the supervisor shall not be unreasonably withheld. In accordance with this understanding such employees shall not suffer loss of pay while negotiating the agreement or while dealing with grievances. This Agreement does not apply to Cabin Personnel in initial induction trainingtime spent on such matters outside the regular working hours. Office At The Union Committee shall have access to the boardroom or an alternate private room, on all home basesshifts, if available. The Committee will have the Company will provide local union executives with an appropriate closed office space for use of a desk, three (3) chairs, filing portable telephone, fax machine and computer near photocopying machine while performing any duties as described in Articles and Any telephone, fax or adjacent to photocopying costs incurred by the crew Union over and above the normal usage, will be at the Union’s expense. The Employer will supply a two (2) drawer locked filing cabinet which will be placed in the staff room. When union executives The Union will inform the Employer in writing of the names of Xxxxxxxx and Chief Xxxxxxx. On the request of either party, the negotiating committee and members of management shall meet with company representativesat the company's Head Office, an closed office must be provided at least once every two months until this agreement is terminated for the purpose of internal discussions requiredto conduct discussing issues relating to the workplace which affect the parties or any employee bound by this agreement. The parties agree to prepare an orderly agenda one week prior to the scheduled meeting. The Company's regulations and policies Recognizing the mutual objective of quality care, the Employer agrees to meet through the Labour Management Committee with the Union as well soon as applicable government laws must be respected; moreover] it is agreed that practicable after the activities carried out on these premises must not go against receipt of the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Fridayannual (as amended) results. The Company will determine Employer agrees to provide the Union Representatives with staffing levels, and staffing mix information; the impact of related payroll costs on levels and a one written notice of the (1as amended) hour period of time when results for the Component's union executives may meet with future Flight Attendants, during the initial training periodfacility. The Company will also determine a one purpose of this meeting is to discuss the impact of the (1as amended) hour period of time when changes on the local's executive may meet with future Flight Attendantsstaffing levels in the facility, during their orientation period at their respective bases. Such periods shall be determined in advance and quality care, and provide the Union with an opportunity to make representation in that regard. The parties shall be advised accordinglymeet as necessary to discuss other changes or workload issues. The parties may invite additional participants to attend the meeting to support constructive review and discussion.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes and acknowledges that the control, direction and administration management of the Company's businessplant and direction of the work force are fixed exclusively in Goodwill and, enterprise and employees are vested solely in the Company. Without limiting without restricting the generality of the foregoing, the Union recognizes acknowledges that it is the Company's right exclusive function of Goodwill to: maintain Maintain order, discipline discipline, efficiency and the efficiency of its employees and its operationsquality; hire, classify, assign, transferHire, promote, demote, lay off classify, transfer and retire employees, and to discipline or terminate employment as well as suspenddischarge any employee for just cause subject to the terms of the Agreement: Make, discharge or otherwise discipline for reasons that are fair enforce and sufficientalter, from time to time, reasonable rules and regulations to be observed by the employees, and Goodwill will make an effort to communicate these changes, possible, to stewards prior to general distribution; adopt the nature and enforce rules kind of conduct that are not incompatible herewith business conducted by Goodwill, the kinds and oblige locations of stores, equipment and materials to be used, the of materials and parts, the quality and quantity of production, the methods and techniques of work, the content of jobs, the schedules of production, the number of employees to abide by them; be employed, the scheduling of employees including the scheduling of shifts, the extension, limitations, curtailment or cessation of operations or any part thereof, and to determine work requirementsand qualifications, and exercise all other functions and prerogatives which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised shall remain solely with Goodwill except as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained specifically limited by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the express provisions of this Agreement. Human rights The Company and the Union agree to continue to respect the intent ; In consideration of the Canadian Human Rights Actfact that Goodwill Industries of Toronto is totally dependent upon the goodwill of the public at large, and therefore business and job security is predicated in part upon the desire of the public to invite Goodwill employees into their houses to collect donations, all public contact employees must be neat, clean and tidy and at all times themselves in a professional fashion. ARTICLE UNION RECOGNITION The Company recognizes Additionally, Goodwill reserves the Union as right to require all employees in public positions to wear an apron provided by Goodwill: Conduct spot checks of employees for security purposes when entering or leaving their work areas, initiate vehicle surveillance programs or other appropriate security measures to protect property, equipment or customer goods at any of their locations. It is agreed that progressive discipline will be applied for minor offenses and immediate termination for proven theft or serious and proven misappropriation of property or merchandise. Discipline will also be applied where an employee refuses to submit to a security check or fails to use the sole bargaining designated exit for their work area usually after at least one verbal warning has been given. It is also understood that clear written permission signed by a member of the management staff must be obtained to remove any from the premises. in addition, identification badges must be worn by employees at all Cabin Personnel employed by the Company, times and in accordance a fully visible location. It is also agreed that employees will adhere to Goodwill's Purchase of Goods policy. It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the accreditation certificate by the Canada Industrial Relations Board under the provisions specific terms of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by It is understood that a claim that the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on has exercised these rights in a manner that is inconsistent with the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the specific terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will shall be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space proper subject matter for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglygrievance.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that Subject to the control, direction and administration provisions of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoingthis Agreement, the Union recognizes recognises that British Airways shall have solejurisdiction of the Company's management and operation of its business, the direction and scheduling of its work force, the assignment of jobs within the bargaining unit, the right to: maintain orderto determine the extent to which the operation shall be continued, discipline and the efficiency of its employees right to change methods or processes and its operations; to use new equipment. It is further understood that British Airways retains the right to hire, classify, assign, transfer, promoteas well as other usual management rights including the right reasonably exercised to suspend, demote, lay discharge for just cause, to sub-contract work, to transfer and to lay-off because of lack of work or terminate employment as well as suspendother legitimate reasons. In the event of a reduction in force or the introduction of new equipment, discharge British Airways will do everything possible to reassign affected employees to other positions within the bargaining unit for which they are qualified within British Airways. If an employee is not qualified for any position available at the time, then such employee may be laid-off and paid severance pay in accordance with Article The foregoing shall not obligate British Airways to create positions, nor does it require the assignment of unqualified employees to vacancies existing at the time. Employees covered by this Agreement shall be governed by all British Airways' rules and regulations previously or otherwise discipline for reasons that are fair and sufficient; adopt and enforce rules of conduct that hereafter issued by British Airways, which are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance conflict with the provisions of this Agreement. Human rights The Company Orders or notices to an employee involving a promotion or demotion, suspension or discharge, shall be given in writing to the employee and a copy will be furnished the Union agree to continue to respect the intent of the Canadian Human Rights ActUnion. ARTICLE UNION RECOGNITION The Company recognizes COMMITTEES British Airways recognises the Union as the sole bargaining for all Cabin Personnel employed by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions right of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time Membership to time. The Company recognizesthat classifications not included elect a Union Committee in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not locations covered by this Agreement mentioned below, comprised as follows: Toronto and Ottawa Not more than four (4) members excluding the Chairman, one (1) representing Cargo employees, one (1) representing Airport Customer Service employees and two (2) representing employees in the City. Montreal Not more than two (2) members, one (1) representing Airport and one (1) City employees. British Airways will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by recognise and bargain with the Company because of membership in or lawful activity Union Committees on behalf any matters properly arising from time to time during the term of the UnionAgreement and the said Committees will cooperate with British Airways in the administration of this Agreement. Non-applicationof For the purposes of renegotiating this Collective Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company Union will provide local union executives with an appropriate closed office space for a deskNegotiating Committee consisting of one (1) representative from Montreal and four (4) representatives Toronto, three (3) chairsfrom Reservations and one (1) from the Airport. It is mutually agreed between the parties hereto that representativesof British Airways and the Union Committees shall meet on the third Wednesday of each month, filing telephone, fax machine and computer near providing there is business for their joint consideration or adjacent at such other times as may be mutually agreed. Necessity for meeting will be indicated by letter (7) seven calendar days in advance of the proposed meeting from either party to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meetingother. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it letter shall contain an agenda of the subjects for discussion. The Union shall have the right to have International Representativesof the present at any meeting of British Airways' Representatives with the Union Committee. It is agreed that the activities carried out on these premises must not go against Union, within thirty (30) calendar days after the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Fridaysigning of this Agreement, will British Airways in writing, of the names of their Committee members. The Union further agrees to British Airways of any changes in their Committees. Union Representatives attending negotiations will attend such meetings on Company time on a straight time basis with no overtime payment to be made. Union Representatives will determine advise Heads of times and dates of meetings for negotiations. ARTICLE UNION STEWARDS British Airways shall recognise Stewards as designated by the Membership for such work areas or groups as shall be agreed to by the parties hereto to be reasonable and proper. British Airways shall be informed, in writing, of the name of each Xxxxxxx so designated. British Airways undertakes to ensure that two (2) of the three (3) Shop Stewards representing employees in the City of Toronto will normally work in the Reservations Unit at Street. Grievances may be investigated or settled by a one (1) hour Xxxxxxx during normal working hours, at his regular rate of pay, provided that he shall not leave his job to investigate or settle a grievance until he has first obtained permission from his Head or superior, which will not be unreasonably withheld. British Airways reserves the right to take disciplinary action subject to the Grievance Procedure, if the Xxxxxxx does not conform with the foregoing practice when dealing with grievances or if an unreasonable or abnormal amount of time is consumed in dealing with grievances. ARTICLE PROBATIONARY PERIOD All new employees coming within the scope of this Agreement shall be required to serve a probationary period of time when six (6) months' continuous service with British Airways from the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period date of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective basesemployment. Such periods shall probationary period may be determined in advance and extended by mutual agreement between the Union shall be advised accordinglyCommittee and Management.

Appears in 1 contract

Samples: Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes acknowledges that it is the control, direction and administration exclusive function of the Company's businessEmployer: To determine and establish standards and procedures for the care, enterprise welfare, safety and employees are vested solely comfort of the residents in the Company. Without limiting the generality of the foregoinghome, the Union recognizes the Company's right to: and to maintain order, discipline and the efficiency of and in connection therewith to establish and enforce rules and regulations, policies and practices from time to time to be observed by its employees and its operations; hire, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons to alter such rules and regulations provided that are fair such rules and sufficient; adopt and enforce rules of conduct that are regulations shall not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the provisions of this Agreement. Human rights It is agreed that prior to altering any present rules and regulations, the said new rules and regulations shall first be approved and signed by the Administrator after which they shall be discussed in detail with the Union Committee and an opportunity afforded to the said Committee to make representationto the Administrator. To hire, discharge, transfer, lay-off, recall, promote, demote, classify, assign duties, suspend or otherwise discipline employees. Claims of discriminatory transfer, promotion, demotion or classification, or claimsthat an employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject matter of a grievance and dealt with as hereinafter provided. The Company discharge of a probationary employee shall be at the sole discretion, on a rational basis, of the Employer. To control the direction of the working forces, the right to plan, direct and control the operation of the home, the right to introduce new and improved methods, facilities, equipment, the amount of supervision necessary, combining or splitting up of departments, work schedules, the number of employees required for the Employer's purposes and the Union agree to continue to respect the intent increase or reduction of personnel; To exercise any of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes rights, powers, functions or authorities which the Union Employer had prior to the signing of this Agreement except as the sole bargaining for all Cabin Personnel employed by the Companythose rights, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Codepowers, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered functions or authorities are specifically abridged or modified by this Agreement. All passenger flights operated by the Company on its own or leased aircraft It is agreed that such rules will be staffed by Cabin Personnelwhose names appear posted on the system-wide seniority list bulletin board and whose duties on a copy supplied to the Union Committee. It is agreed and understoodthat these flights are exclusive to Cabin Personnel covered by rights shall not be exercised in a mannerinconsistent with the terms of this Agreement; however, when a claim that the terms or conditions Employer has so exercised these rights shall be the proper subject matter of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglygrievance.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that except as modified by the controlterms of this Agreement, direction and administration the right of the Company's businessEmployer to: Determine and establish standards and procedures for the care and welfare, enterprise safety and employees are vested solely of the residents in the Company. Without limiting Nursing Home and to plan, direct and control the generality work of the foregoing, the Union recognizes the Company's right to: maintain employees; Maintain order, discipline and in connection therewith to establish and enforce reasonable rules and regulations which will not be inconsistent with the efficiency terms of its the Agreement. The Employer will notify the Union Committee of any alterations of the present rules or regulations or of new regulations prior to their implementation; Determine after consultation with the Union Committee the number of employees required and its operationsthe duties to be performed by each employee; hire, classify, assignHire, transfer, lay-off, recall, promote, demote, lay off or terminate employment as well as suspendclassify, discharge assign duties, discharge, suspend or otherwise discipline employees for reasons just cause, provided that a claim of discriminatory hiring, transfer, lay-off, recall, promotion, demotion, classification, assignment of duties or a claim that an employee has been discharged, suspended or disciplined without a just cause, may be the subject of a grievance and dealt with as hereinafter provided. In the event that a Home assigns a number of residents or a workload to an individual employee or group of employees, such that she or they believe have cause to believe that she or they are fair and sufficient; adopt and enforce rules being asked to perform more work than is consistent with proper care they may raise the matter in meetings. ARTICLE UNION REPRESENTATION The Union shall elect or otherwise select up to eight (8) members of conduct that are the bargaining units, who shall function as the Union Committee. One of the representatives so selected or elected will be the Union Chairperson. The Union shall furnish the Employer from time to time with an update on the current Union Committee representatives. The Union Chairperson will be assigned to the day shift unless mutually agreed otherwise by the parties. If the Chairperson is not incompatible herewith and oblige working on the day shift she will exchange her shift with the least senior employee on the day shift in her classification. At the end of her tenure as Union Chairperson the employees will revert back to abide by them; determine work requirementsand qualificationstheir original shift, or the position of their last successful posting. The Union Committee will meet with the Employer on a regular basis as is mutually agreed upon to discuss and resolve any grievances and other matters that either party may raise. Such meetings will occur on the Employer's premises and during the day shift during regularly scheduled working hours. Either party may request a meeting which must shall be reasonably related held within five (5) calendar days of the request. The Union Committee shall have the right at any time to have the assistance of representatives of the CAW. Normally such representatives shall have access to the Employer's premises. The Employer agrees that the Union Chairperson shall be retained at work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location during any layoffs or cutbacks in employment during her term of equipmentoffice, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation qualified to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreementperform any available bargaining unit work. The Company also Union recognizes its duty to exercise its management rights fairly and equitably. Any that members of the rights, powers or authority the Company had prior Union Committee and Stewards have regular duties to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the provisions of this Agreement. Human rights The Company and the Union agree to continue to respect the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel employed by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the UnionEmployer and such persons will not leave their duties without first obtaining permission from their immediate Supervisor. Non-applicationof Agreement This Agreement does Such permission will not apply be unreasonably withheld and on completion of such Union Business such persons shall report back to Cabin Personnel that Supervisor. Where a Home is participating in initial induction training. Office At all home basesa Master Bargaining Process, and a Union Committee Person is attending a bargaining session with the Employer on Master issues, on a day that would otherwise be a scheduled day off, the Company will Employer agrees to provide local union executives such employee with an appropriate closed office space alternative A day off with pay, or, in the alternative pay for the scheduled so spent in negotiating meetings with the Employer. A Xxxxxxx, and where applicable, members of the Union Committee, shall receive their regular pay for regularly scheduled working hours lost due to attendance at grievance meetings, which shall for the purposes of clarity, cover meetings with a deskGrievance Settlement Officer appointed under the Labour with of the Employer, three (3) chairswhether on or outside the Employer's premises, filing telephone, fax machine and computer near or adjacent for which permission has been granted. The Employer on request shall make available to the crew roomUnion job descriptions of all positions in the bargaining unit. When Copies of all rules and regulations adopted by the Employer which affect the members of the Union are to be forwarded to Local prior to posting on all Bulletin Boards. The Union Chairperson and one other committee member will sign all agreements. This is the responsibility of the union executives meet with company representativesat and their committee, however, the company's Head OfficeEmployer will assist. Where the parties participate in group bargaining, the Employer agrees to provide alternative days off in the case where an closed office must employee is bargaining on a day off. In the case of a part time employee such alternative days will be provided capped at two (2) per calendar week. These bargaining days will be treated as days worked for which the employee will receive pay for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglyshe would have regularly worked.

Appears in 1 contract

Samples: Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that Subject to the control, direction and administration provisions of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoingthis agreement, the Union recognizes that it is the Company's right exclusive function of the management of Franklin Gardens Long Term Care Home to: maintain order, discipline and the efficiency of its employees and its operationsefficiency; hire, discharge, direct, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspendlay-off, discharge or suspend and otherwise discipline employees for reasons cause, provided that are fair and sufficient; adopt and enforce rules a claim of conduct discriminatory or unjust classification, promotion, demotion or transfer or a claim that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend employee has been unjustly discharged or terminate its operations in whole or in part at any time. These rights disciplined may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right subject of a Cabin Attendant to lodge his grievances grievance and dealt with in accordance with the provisions of this Agreement. Human rights The Company grievance procedure; establish and generally enforce rules and regulations to be observed by employees; generally to manage and operate the Union agree to continue to respect the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for Nursing Home, in all Cabin Personnel employed by the Company, respects in accordance with its obligations and without restricting the accreditation certificate by the Canada Industrial Relations Board under the provisions generality of the Canada Labour Codeforegoing, unless directed to determine the kinds and locations of machines, the equipment to be used provided such is safe to operate, all other matters concerning the Nursing Home's operations not otherwise by the Canada Industrial Relations Board from time to timespecifically dealt with elsewhere in this agreement. The Company recognizesthat classifications not included Employer acknowledges the right of the Union to appoint or otherwise select a Negotiating Committee composed of three (3) employees and Union representatives. Each such employee shall have a minimum of six (6) months seniority. The Employer will recognize and meet with said committee to negotiate those matters which properly arise for its consideration. The Employer acknowledges the right of the Union to appoint or otherwise select four (4) Stewards to assist the employees on all shifts in presenting their grievances to the accreditation certificate may not perform the work Employer. The Union agrees that there must be a minimum of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own one (IS)teward appointed or leased aircraft will be staffed by Cabin Personnelwhose names appear otherwise selected on the system-wide seniority list and whose day shift at all times. The Chief Xxxxxxx shall be assigned duties on these flights are exclusive the day shift. The Union acknowledges that Stewards and members of the Negotiating Committee have regular duties to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity perform on behalf of the UnionEmployer and that such persons shall not leave their regular duties without obtaining permission from their immediate supervisor. Non-applicationof Agreement Permission from the supervisor shall not be unreasonably withheld. In accordance with this understanding such employees shall not suffer loss of pay while negotiating the agreement or while dealing with grievances. This Agreement does not apply to Cabin Personnel in initial induction trainingtime spent on such matters outside the regular working hours. Office At The Union Committee shall have access to the boardroom or an alternate private room, on all home basesshifts, if available. The Committee will have the Company will provide local union executives with an appropriate closed office space for use of a desk, three (3) chairs, filing portable telephone, fax machine and computer near photocopying machine while performing any duties as described in Articles and Any telephone, fax or adjacent to photocopying costs incurred by the crew Union over and above the normal usage, will be at the Union’s expense. The Employer will supply a two (2) drawer locked filing cabinet which will be placed in the staff room. When union executives The Union will inform the Employer in writing of the names of Stewards and Chief Xxxxxxx. On the request of either party, the negotiating committee and members of management shall meet with company representativesat the company's Head Office, an closed office must be provided at least once every two months until this agreement is terminated for the purpose of internal discussions requiredto conduct discussing issues relating to the workplace which affect the parties or any employee bound by this agreement. The parties agree to prepare an orderly agenda one week prior to the scheduled meeting. The Company's regulations and policies Recognizing the mutual objective of quality care, the Employer agrees to meet through the Labour Management Committee with the Union as well soon as applicable government laws must be respected; moreover] it is agreed that practicable after the activities carried out on these premises must not go against receipt of the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Fridayannual (as amended) results. The Company will determine Employer agrees to provide the Union Representatives with staffing levels, and staffing mix information; the impact of related payroll costs on levels and a one written notice of the (1as amended) hour period of time when results for the Component's union executives may meet with future Flight Attendants, during the initial training periodfacility. The Company will also determine a one purpose of this meeting is to discuss the impact of the (1as amended) hour period of time when changes on the local's executive may meet with future Flight Attendantsstaffing levels in the facility, during their orientation period at their respective bases. Such periods shall be determined in advance and quality care, and provide the Union with an opportunity to make representation in that regard. The parties shall be advised accordinglymeet as necessary to discuss other changes or workload issues. The parties may invite additional participants to attend the meeting to support constructive review and discussion.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that the controlright of the Company to operate and manage its business in all respects in accordance with its commitments and responsibilities, the operating schedules, the direction of the working forces, the right to decide on the number of employees required by the Company at any time and administration jurisdiction over all operations, buildings, machinery, tools, equipment and employees are solely and exclusively the responsibility of the Company's business. The Company also has the right to make, enterprise alter and employees are vested solely in enforce from time to time Rules and Regulations to be observed by the Companyemployees, but before altering any such rules, the Company must discuss same with the duly accredited officers of the Union, and give them an opportunity of making representation with regard to proposed alterations. The Company also agrees to inform the President of Local of major policy, procedure and shift changes, for the purpose of giving the Local an opportunity to make recommendations with regard to these matters prior to implementation. This does not include such things as Operating Notices, Maintenance Notices, temporary shift changes, etc. The Union acknowledges that it is the exclusive function of the Company to hire, promote, demote, transfer, and suspend employees, and also the right of the Company to discipline or discharge any employee for cause, provided that a claim by an employee, who has acquired seniority, that he has been discharged or disciplined without reasonable cause may be the subject of a grievance and dealt with as hereinafter provided. Without limiting the generality of the foregoingforegoing provisions it is expressly understood and agreed that reporting for work with an alcoholic breath, drunkenness or drinking intoxicants while on duty or on the property, or while in the Company uniform, or habitually gambling after being duly warned, improper collection of passenger fares through negligent operation, or intentionally allowing passengers to ride the Company’s vehicles free, or by private contract, or by abuse of employees’ passes; retaining all or any portion of the fare offered by a passenger, irregularities in the operation of the or in the handling of passengers’ change or fares contrary to the operators’ instructions, irresponsible behaviour with or misuse of Company funds or ticket supplies, unsatisfactory attendance or punctuality after being duly warned, accidents through carelessness, negligence or disregard of ordinary safety precautions, shall conclusively be deemed to be sufficient cause for the dismissal of an employee: provided that nothing herein contained shall prevent an employee from taking a discharge case through the Grievance procedure to determine whether or not the act complained of was committed. An operator with or more years’ service will not be subject to dismissal for loss of his driver’s license for a first off-duty occurrence but will be placed on lay-off without pay or benefits until his license is restored. A second occurrence, or a first occurrence arising from trading or trafficking in illicit drugs, will subject him to dismissal as previously outlined for discharge cases and will make this exception inoperative. or Supervisor or Xxxxxxx, shall consider it in the presence of the and a of the Grievance Committee within full working days if possible. The Division Head shall render his decision in writing within working days of the interview or any longer period which may he mutually agreed upon. If no satisfactory settlement is reached, the next step in the grievance procedure may he taken at any time within working days thereafter. Step The aggrieved employee may submit his grievance in writing to the full Grievance Committee of the Union. The Grievance Committee of the Union recognizes shall meet within days with the Company's right to: maintain orderGeneral Manager of Transportation, discipline Operations and Environment or his designate, the Division concerned and the efficiency Manager of its employees Human Resources or their designates, to consider the grievance. At this stage they may be accompanied by the aggrieved employee and/or a representative of the International Organization if his presence is requested by either party. If final settlement of the grievance is not completed within working days after deliberations with the General Manager of Transportation, Operations and its operations; hireEnvironment, classifyor his representative, assignhave commenced and if the grievance is one which concerns the interpretation or alleged violation of the agreement, transferthe grievance may be referred by either party to an Arbitrator as provided in Article below, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons that are fair and sufficient; adopt and enforce rules of conduct that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any timetime within working days after a decision has been reached, but not later. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the provisions of this Agreement. Human rights The Company and the Union agree to continue to respect abide by the intent terms of the Canadian Ontario Human Rights ActCode, Chapter of the revised Statutes of Ontario Any hourly-rated employee who may consider that he has been discriminated against or harassed by any member of the supervisory staff shall discuss the case with a member of the Grievance committee within working days of the occurrence, giving rise to same. If the committeeman consulted does not feel that the matter has been settled to the satisfaction of all concerned, grievance proceedings may be instituted by either the aggrieved party or the Grievance Committee of the Local commencing at Step within working days of the initial cause of complaint. For the submission of grievances as provided above, working days shall be considered as the days on which the Company’s Head Office is open to the public for transaction of regular business, otherwise days are calendar days. ARTICLE UNION RECOGNITION The Company recognizes ARBITRATION Both parties to this agreement agree that any dispute or grievance concerning the Union as interpretation or alleged violation of this agreement, which has been properly carried through all the sole bargaining for all Cabin Personnel employed by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions steps of the Canada Labour Codegrievance procedure outlined in Article above, unless directed otherwise and which has not been settled, will be referred to an Arbitrator at the request of either of the parties hereto. When arbitration is requested by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated either side, an Arbitrator, selected by the Company on its own or leased aircraft will and the Union, must be staffed by Cabin Personnelwhose names appear on appointed within days from the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when time the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract)request is filed. No specific agreement relating to working conditions that are different from or not covered by this Agreement will person shall be valid unless it selected as Arbitrator who has been approved by a duly authorized union representativedirectly involved in attempts to negotiate or settle the grievance. No Cabin Attendant covered by this Agreement will Xxxxx The Arbitrator may be with, restrained, coerced or discriminated against by selected from the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply following permanent panel subject to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordingly.availability:

Appears in 1 contract

Samples: Agreement

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ARTICLE MANAGEMENT RIGHTS. The Union recognizes that the control, direction Employer has the exclusive right to manage the business and administration to exercise all the customary prerogatives of management. The Union recognizes and acknowledges that the management of the Company's business, enterprise company and employees direction of the working force are vested solely fixed exclusively in the CompanyEmployer. The Employer shall continue to have the undisputed right to take any action it deems appropriate in the management of the company and direction of the work force. All inherent and common law management functions and prerogatives which are not expressly modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Employer and may not be infringed upon by any arbitration board. Without limiting restricting the generality of the foregoing, foregoing the Union recognizes acknowledges that it is the Company's right exclusive function of the Employer to: maintain order, discipline and the efficiency of its employees and its operationsefficiency; hire, classifyselect, assign, transferdirect, promote, demote, classify, transfer, lay off or terminate employment as well as and recall employees and retire employees in accordance with the Company's retirement policy, and to reprimand, suspend, demote, transfer, discharge or otherwise discipline any employee for reasons just cause provided that are fair a claim by an employee who has acquired seniority that he has been disciplined without just cause may be the subject of a grievance and sufficientdealt with as hereinafter provided; adopt make, enforce and enforce rules alter, from time to time, reasonable rules, policies, practices and regulations to be observed by the employees; Any notice of conduct that disciplinary action which is intended to form part of an employee's employment record shall be given in writing with a copy to the Union, and all such notices shall be withdrawn from the employee's file, after a period of one year for verbal reprimands, two years for written reprimands and three years for suspensions, from the date of issue. Advisory letters will not be considered disciplinary action; expand, reduce, alter, combine, transfer, assign or cease any job, department, operation or services; control and regulate the use of machinery, equipment and other property of the Employer; determine the schedules of production, the assignment of work and the size and composition of the work force; study and introduce new or improved research, development, production, maintenance, services, distribution methods, materials, machinery, facilities and equipment; subject to the provisions of Article assign work formerly performed by members of the bargaining unit to persons who are not incompatible herewith members of the bargaining unit or subcontract work into or out of the Distribution Centre. determine the nature and oblige kind of business conducted by the Employer, the kinds and locations of distribution centres, equipment to be used, the methods and techniques of work, the content and requirements of jobs, the scheduling of jobs, labour standards, the qualification of employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to perform the work required; establish consistent standards that must , the scheduling of employees including the scheduling of shifts and overtime, starting and quitting times, the number of hours and shifts to be met; worked, the number of employees to be employed, the extension, limitations, curtailment or cessation of the distribution centre or any part thereof, and to determine work methods all terms and procedures; determine the type conditions of employment and location of equipment, schedule its flights, specify its operations bases exercise all other functions and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent prerogatives which shall remain solely with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained Employer except as specifically limited by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the express provisions of this Agreement. Human The Employer's failure to exercise any function hereby reserved to it or in exercising any function or right in a particular way shall not be deemed a waiver of its rights The Company and to exercise such functions or rights, nor preclude the Union agree to continue to respect Employer from exercising the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel employed by the Company, same in accordance some other manner not in conflict with the accreditation certificate by the Canada Industrial Relations Board under the express provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordingly.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes that acknowledgesthat it is the control, direction and administration exclusive function of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoing, the Union recognizes the Company's right Company to: maintain order, discipline and the efficiency of its employees and its operationsefficiency; hire, classify, assign, transferdischarge, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons employees, provided that are fair and sufficient; adopt and enforce rules a claim of conduct an employee that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualificationshe has been discharged, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend disciplined or terminate its operations in whole or in part at any time. These rights otherwise unjustly dealt with may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right subject of a Cabin Attendant to lodge his grievances grievance and dealt with in accordance with the Grievance Procedure. generally to manage its business in all respects in accordance with its obligations, subject to the provisions of this Agreement; make and alter from time to time rules and regulations which are just and fair. Human rights The Company agrees that it shall providethe Unionwith a copy of those rules and the Union agree to continue to respect the intent of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel employed regulations which are made or altered by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board Company from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home basesIn addition, the Company will provide local union executives the Union Executive with reasonable advance notice on the establishment of new rules or any amendments to current rules. The Union will be given an appropriate closed opportunity to discuss these matters with the Company prior to the Company putting into effect any rule or any amendments to a rule. Discussionsshall be sought by the Union as early as possible so that there will not be any unreasonable delay before rules or amendments to rules are implemented. ARTICLE UNION COMMITTEES The Company recognizes the right of the Union to appoint or otherwise select both a negotiating committee and a grievance committee and the Company undertakes to recognize and deal with both these committees. Wherever possible a grievance shall be processedduringthe normalworking hours of the Xxxxxxx. A Xxxxxxx shall receive his regular rate of pay when a grievance or pending grievances are processed with the Company on Company property or at any other place which is mutually agreed upon by both the Union and the Company. If the Company representative is unable to meet the Xxxxxxx during the Xxxxxxx'x normal working hours, the Xxxxxxx shall be paid straight time for all time spent during the processing of the grievance with the Company on the Company property or at any other place which is mutually agreed upon by both the Union and the Company. The Union will inform the Company in writing of the name of the Xxxxxxx and any subsequent change in name of the Xxxxxxx. The Company shall not be asked to recognize any Xxxxxxx until such notification from the Union has been received. The Company will notify the Regional Office prior to the suspension or discharge of a Xxxxxxx, except in the case of consumption of intoxicants while on duty or on Company premises, or proven dishonesty. For the purpose of processing specific grievances or disputes, the Union Representative and Stewards shall have access to trip sheets and time cards, that are pertinent to the grievance. Trip sheets and time cards will be made available at the Xxxxxxxx Terminal during the office space for a desk, hours of the Company within three (3) chairsworking days, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is mutually agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglywriting.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes acknowledges that it is the controlexclusive function of the Company to: maintain order, direction discip ne, efficiency and administration of quality; hire assif y I assif dir xxxx xx xxxx, layoff, retire in accordance with the Company's businesspolicy, discharge or otherwise employees for reasonable cause, subject to the provisions of this Agreement; generally to manage the industrial enterprise and employees are vested solely in which the Company. Without limiting Company is engaged and, without restricting the generality of the foregoing, to determine services, technology changes, the Union recognizes quality of production, the kinds and locations of tools, the kinds and location of plants, machines and equipment to be used, schedules of production to be followed including the scheduling of employees, the scheduling of shifts, and the scheduling of overtime, materials to be used, processes and methods to be used, the number of employees to be employed, the content of jobs, and the curtailment, extension, limitation, or cessation of operations or any part thereof, and all other matters concerning the operation of the Company's business not specifically dealt with elsewhere in this Agreement; make, maintain and alter, from time to time, reasonable rules and regulations to be observed by all the employees. A copy of the rules will be given to the Union before posting. Such rules and regulations will be discussed with the Union before implementation. The parties acknowledge that the probationary period affords the Company an important opportunity for assessment and that a lesser standard will apply to the release of an employee during the probationary period than that which applies to the discharge of an employee who has attained More specifically, the partners agree that the Company shall have the right to: maintain orderto release a probationary employee who the Company believes unsuitable because of conduct, discipline and quality or quantity of work, attendance, aptitude, inability to work with other employees, or any other work related reason. Notwithstanding the efficiency foregoing, the Company agrees that on request, the matter of its employees and its operations; hire, classify, assign, transfer, promote, demote, lay lay-off or terminate employment as well as suspendrelease of a employee will be discussed with the Chief Xxxxxxx or his designate. The Company agrees that it will not exercise its functions in Article Management Rights, discharge or otherwise discipline for reasons that are fair and sufficient; adopt and enforce rules of conduct that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not a manner inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the express provisions of this Agreement. Human rights The Company and the Union agree exercise of progressive discipline by management or a decision not to continue to respect the intent invoke discipline for reasonable cause or discharge for just infractions shall not be construed as in any way a waiver or abandonment of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel employed by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Fridaymanagement rights. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and supply the Union shall be advised accordinglyand post a list of management employees acting in a supervisory capacity and will indicate their appropriate job title.

Appears in 1 contract

Samples: Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes and acknowledges that the control, direction and administration management of the Company's businessplant and direction of the work force are fixed exclusively in Goodwill, enterprise and employees are vested solely in the Company. Without limiting and, without restricting the generality of the foregoing, the Union recognizes that it is the Company's right exclusive function of Goodwill to: maintain order, discipline discipline, efficiency and the efficiency of its employees and its operationsquality; hire, classify, assign, transfer, promote, demote, lay off classify, transfer, and retire employees, and to discipline or terminate employment as well as suspend, discharge or otherwise discipline any employee for reasons that are fair and sufficient; adopt and enforce rules of conduct that are not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related just cause subject to the work requiredterms of the Agreement; establish consistent standards that must make, enforce, and alter, from time to time, reasonable rules and regulations to be met; determine work methods observed by the employees, and proceduresGoodwill will make an effort to communicate these changes when possible to stewards prior to general distribution; determine the type nature and location kind of equipmentbusiness conducted by Goodwill, schedule its flightsthe kinds and locations of stores, specify its equipment and materials to be used, the control of materials, and parts, the quality and quantity of production, the methods and techniques of work, the content of jobs, the schedules of production, the number of employees to be employed, the scheduling of employees including the scheduling of shifts, the extension, limitations, curtailment or cessation of operations bases or any part thereof, and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised to determine and exercise all other functions and prerogatives which shall remain solely with Goodwill except as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained specifically limited by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the express provisions of this Agreement. Human rights The Company and the Union agree to continue to respect the intent In consideration of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes fact that Goodwill Industries of Toronto is totally dependent upon the Union as the sole bargaining for all Cabin Personnel employed by the Company, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions goodwill of the Canada Labour Codepublic at large, unless directed otherwise by and therefore business and job security is predicated in part upon the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf desire of the Union. Non-applicationof Agreement This Agreement does not apply public to Cabin Personnel in initial induction training. Office At invite Goodwill employees into their houses to collect donations, all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office public contact employees must be neat, clean and tidy and at all times conduct themselves in a professional fashion. Additionally, Goodwill reserves the right to require all employees in public contact positions to wear a uniform, xxxxx or apron provided by Goodwill. Conduct spot checks of employees for the purpose security purposes when entering or leaving their work areas, initiate vehicle surveillance programs or other appropriate security measures to protect property, equipment, or customer goods at any of internal discussions requiredto conduct an orderly meetingtheir locations. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it It is agreed that progressive discipline will be applied for minor offenses up to immediate termination for a serious theft or misappropriation of property or merchandise. Disciplinewill also be applied where an employee refuses to submit to a security check or fails to use the activities carried out on these premises must not go against designated exit for their work area usually after at least one verbal warning has been given. It is also understood that clear written permission signed by a member of the Company's mission and objectives. These Head Office premises management staff must be accessible during regular office hours Monday obtained to Fridayremove any article from the premises. In addition, identification badges must be worn by employees at all times and in a fully visible location. It is also expected that employees will adhere to Goodwill's Purchase of Goods Iicy. ARTICLE adjust complaints to the Director, to assist employee to time selected such xxxxxxx until full working days circumstances PROCEDURE 'he parties to this Agreement are agreed that it is of the utmost importance to as quickly as possible. To this end a copy of all grievances will be faxed Resources Division as soon as it is initiated. acknowledge the right of the Union to appoint or otherwise select stewards h the presentation of their grievances. The Company will determine a one (1) hour period name of such shop stewards from time when e given to Goodwill in writing and Goodwill shall not be required to recognize any been notified in writing by the Component's union executives may meet with future Flight Attendants, during Union of the initial training periodname of such xxxxxxx. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods lo grievance shall be determined in advance and considered where the Union shall be advised accordingly.grievance is filed more than seven (7) an employee became aware or reasonably ought to have become aware of the thereto. STEP NO. I: The Manager or available if Director, as the them (or longer at any time within STEP NO. 2: The Human Resources render the

Appears in 1 contract

Samples: negotech.labour.gc.ca

ARTICLE MANAGEMENT RIGHTS. The Union recognizes Association and members recognize and acknowledge that it is the control, direction and administration exclusive function of the Company's business, enterprise and employees are vested solely in the Company. Without limiting the generality of the foregoing, the Union recognizes the Company's right Board to: maintain order, discipline and the efficiency of its employees and its operationsefficiency; hireHire; discharge, direct, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspend, discharge and suspend or otherwise discipline for reasons any member, provided that are fair a claim that any such member has been discharged or disciplined without reasonable cause, may be the subject of a grievance and sufficientdealt with as hereinafter provided; adopt Generally to manage the operation and enforce rules undertakings of conduct that are not incompatible herewith the Force and oblige without restricting the employees generality of the foregoing, to abide by them; determine work requirementsand qualificationsselect, which must be reasonably related to install and require the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location operation of any equipment, schedule plant and machinery which the Board in its flights, specify its uncontrolled discretion deems necessary for the and economical carrying out of the operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to undertakings of the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective AgreementForce. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article Board agrees that it will not apply to detract from exercise the right of foregoing functions in a Cabin Attendant to lodge his grievances in accordance inconsistent with the provisions of this Agreement. Human rights Notwithstanding Clause anything to the contrary in this Agreement contained, the Board shall have the exclusive right to discharge a probationary member within the first regular hours worked of service to the Board. The Company and the Union agree to continue to respect the intent prior service of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes the Union as the sole bargaining for all Cabin Personnel a member re-employed by the Company, Board after a break in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Code, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications service will not included in the accreditation certificate may not perform the work of Cabin Personnel covered by this Agreement. All passenger flights operated by the Company on its own or leased aircraft will be staffed by Cabin Personnelwhose names appear on the system-wide seniority list and whose duties on these flights are exclusive to Cabin Personnel covered by this Agreement; however, when the terms or conditions of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided considered for the purpose of internal discussions requiredto conduct an orderly meetingthis Clause. The Company's regulations parties agree to create a member Job Review Every job classification will be reviewed by the Job Review Committee at least once every three years according to a schedule created for this purpose by Board and policies as well as applicable government laws must Association representatives. This review will be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday conducted to Fridayensure appropriate job classification. The Company Job Review will determine evaluate up-to-date job content information using the and Touche job evaluation system. The Board or Association may request the Job Review Committee to review a job which has been materially amended. This review shall take place after six but no more than one year of the notification of the material amendment. Any wage increase required as a result of this review will be retroactive to the date of notification of the material amendment by the Board or the Association to the Job Review Committee. In the event of a dispute the matter will be referred to the Referee appointed under Article whose decision is final and binding on both the parties. The Board is not required to review a job more than once in a calendar year. The Board will notify the Association within days following Board approval regarding the creation of a new civilian position. The Job Review Committee will meet within thirty (130) hour calendar days of the date of notification to evaluate the new civilian position. In the event of a dispute the matter will be referred to the Referee appointed under Article whose decision is final and binding on both parties. All evaluations, alterations, amendments agreed to by the Job Review Committee shall be confirmed in writing and shall be deemed to be resolved and shall not be the subject of a grievance or claim hereunder. A member whose job is assigned to a lower pay class will continue to receive current salary until the rate of the job and step to which is assigned exceeds current salary or until the member into a higher step or higher class which would entitle the member to a rate exceeding the member’s current rate. For a period of time when year following the Component's union executives may meet with future Flight Attendantseffective date of assignment, during the initial training period. The Company will also determine member, if qualified to a one (1) hour period of time when the local's executive may meet with future Flight Attendantsjob for which applies, during their orientation period at their respective bases. Such periods shall be preferred over other applicants for jobs in any class up to, and including, but no higher than, the pay class to which job had been formerly assigned. Where than one such qualified incumbent applies for a job, the selection criteria in Clause shall govern. Where the assignment occurs as a result of the triennial review, paragraph will not take effect until either days have elapsed the assignment without the filing of a claim under clause in the event a claim pursuant to clause is filed, the claim has resolved, or determined by the Referee whichever event occurs first. A member whose job is assigned to a higher pay class will move to the lowest step in advance and the Union shall be advised accordinglyhigher class which will give the member a pay increase.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE MANAGEMENT RIGHTS. The Union recognizes acknowledges that it is the control, direction and administration exclusive function of the Company's businessEmployer: To determine and establish standards and procedures for the care, enterprise welfare, safety and employees are vested solely comfort of the residents in the Company. Without limiting the generality of the foregoinghome, the Union recognizes the Company's right to: and to maintain order, discipline and the efficiency of and in connection therewith to establish and enforce rules and regulations, policies and practices from time to time to be observed by its employees and its operations; hire, classify, assign, transfer, promote, demote, lay off or terminate employment as well as suspend, discharge or otherwise discipline for reasons to alter such rules and regulations provided that are fair such rules and sufficient; adopt and enforce rules of conduct that are regulations shall not incompatible herewith and oblige the employees to abide by them; determine work requirementsand qualifications, which must be reasonably related to the work required; establish consistent standards that must be met; determine work methods and procedures; determine the type and location of equipment, schedule its flights, specify its operations bases and extend, reduce, limit, suspend or terminate its operations in whole or in part at any time. These rights may be exercised as long as they are pertinent and in relation to the nature of Cabin Personnel's duties and responsibilities and not inconsistent with the Collective Agreement. The Company also recognizes its duty to exercise its management rights fairly and equitably. Any of the rights, powers or authority the Company had prior to signing this Agreement will be retained by the Company, except those specifically abridged, delegated, granted or modified by this Agreement. Article will not apply to detract from the right of a Cabin Attendant to lodge his grievances in accordance with the provisions of this Agreement. Human rights It is agreed that prior to altering any present rules and regulations, the said new rules and regulations shall first be approved and signed by the Administrator after which they shall be discussed in detail with the Union Committee and an opportunity afforded to the said Committee to make representation to the Administrator. To hire, discharge, transfer, lay-off, recall, promote, demote, classify, assign duties, suspend or otherwise discipline employees. Claims of discriminatory transfer, promotion, demotion or classification, or claims that an employee who has completed his probationary period has been discharged or disciplined without just cause, may be the subject matter of a grievance and dealt with as hereinafter provided. The Company discharge of a probationary employee shall be at the sole discretion, on a rational basis, of the Employer. To control the direction of the working forces, the right to plan, direct and control the operation of the home, the right to introduce new and improved methods, facilities, equipment, the amount of supervision necessary, combining or splitting up of departments, work schedules, the number of employees requiredfor the Employer's purposes and the Union agree to continue to respect the intent increase or reduction of personnel; To exercise any of the Canadian Human Rights Act. ARTICLE UNION RECOGNITION The Company recognizes rights, powers, functions or authorities which the Union Employer had prior to the signing of this Agreement except as the sole bargaining for all Cabin Personnel employed by the Companythose rights, in accordance with the accreditation certificate by the Canada Industrial Relations Board under the provisions of the Canada Labour Codepowers, unless directed otherwise by the Canada Industrial Relations Board from time to time. The Company recognizesthat classifications not included in the accreditation certificate may not perform the work of Cabin Personnel covered functions or authorities are specifically abridged or modified by this Agreement. All passenger flights operated by the Company on its own or leased aircraft It is agreed that such rules will be staffed by Cabin Personnelwhose names appear posted on the system-wide seniority list bulletin board and whose duties on a copy suppliedto the Union Committee. It is agreed and understood that these flights are exclusive to Cabin Personnel covered by rights shall not be exercised in a manner inconsistent with the terms of this Agreement; however, when a claim that the terms or conditions Employer has so exercised these rights shall be the proper subject matter of a sub-contract are dictated by the lessor, the Company may comply therewith, in accordance with Article (Sub-contract). No specific agreement relating to working conditions that are different from or not covered by this Agreement will be valid unless it has been approved by a duly authorized union representative. No Cabin Attendant covered by this Agreement will be with, restrained, coerced or discriminated against by the Company because of membership in or lawful activity on behalf of the Union. Non-applicationof Agreement This Agreement does not apply to Cabin Personnel in initial induction training. Office At all home bases, the Company will provide local union executives with an appropriate closed office space for a desk, three (3) chairs, filing telephone, fax machine and computer near or adjacent to the crew room. When union executives meet with company representativesat the company's Head Office, an closed office must be provided for the purpose of internal discussions requiredto conduct an orderly meeting. The Company's regulations and policies as well as applicable government laws must be respected; moreover] it is agreed that the activities carried out on these premises must not go against the Company's mission and objectives. These Head Office premises must be accessible during regular office hours Monday to Friday. The Company will determine a one (1) hour period of time when the Component's union executives may meet with future Flight Attendants, during the initial training period. The Company will also determine a one (1) hour period of time when the local's executive may meet with future Flight Attendants, during their orientation period at their respective bases. Such periods shall be determined in advance and the Union shall be advised accordinglygrievance.

Appears in 1 contract

Samples: Local

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