Industrial & Labour Relation

Introduction of the Collective Agreement

Under the current collective agreement, which is due to expire on December 10, 2016, a number of issues have arisen that need to be addressed in the new collective agreement.  Attendance and revenue have been constantly declining over the current term of the agreement.  We the employer, Diamond Casino, need to come up with new marketing strategies to be able to increase productivity and profitability.  Issues pertaining to employee appearance, absenteeism/turnover, meals and maternity leave have been critical and below are the suggested amendments to the current collective agreement. In addition to the articles in the current collective agreement, future developments have been included to improve revenue and cut costs where possible by outsourcing of some of the work done by employees in the maintenance and security departments.

Employee Appearance

• The employer will provide uniforms to employees who require wearing uniforms in carrying out their specific job duties as outlined in Article 14 – uniforms. Employees are required to wear clean and tidy uniforms for each shift to represent a high level of professionalism and company image at all times

• Employees are to ensure personal grooming including hair, make-up, nails, jewellery and other accessories excluding union pins are neat and professional adhering to employer dress code policy

• Each employee agrees to comply with personal hygiene standards as outlined by the employer. Employees wearing body scents such as perfumes, colognes, body sprays and aftershaves should be used moderately as not to create an unpleasant or unhealthy environment for other employees and casino guests. Some individuals may be allergic or sensitive to strong scents

• The employer reserves the right to restrict body piercings or tattoos that may negatively reflect the casino image as outlined in the employer dress code policy

• Employees are required to return uniforms upon termination of employment with the employer. Employees who have not returned uniforms, the uniform costs will be processed through deductions in final pay

• Employees are required to be courteous, respectful, patient and understanding when dealing with casino guests at all times

Absenteeism and Turnover

Paid and unpaid absences will be available to eligible employees based on:

• Their employment status (full-time, part-time, temporary)
• The Collective Agreement
• The province in which the employee resides in

It is the responsibility of the managers to keep track of issues in their department and to take the appropriate actions in changing the issues that arise.

• Employees are required to provide 2 two weeks’ notice prior to their resignation

Sick Days

• Full-time employees are entitled to 10 sick days a year (five paid and five unpaid)

• Part-time employees are eligible for sick days. They will receive a pay premium of 4% of their gross pay each pay period and after five years completed the employees will receive 6%.

• Employees must contact their manager before their scheduled shift to inform their manager about their absence relating to illness (personal or family). If their manager is not available, they must contact another leader within their department

• When an employee is absent for 5 (five) or more consecutive days due to an illness they must provide a doctor’s note. If a family member was ill, they must provide a note from the family member’s doctor

• You cannot pre-arrange sick days unless it is for a medical appointment

• Employees will not be permitted to carry over any sick days

Bereavement

• Employees (full-time and part-time) will be provided up to 3 days of paid Bereavement Leave in the event of the death of a spouse, child, parents, siblings, grandparents, grandchildren and in-laws. Spouse will include a partner of the same sex and common law spouse.

• Temporary employees will be provided up to 3 days of unpaid Bereavement Leave

• Bereavement Leave begins once the employees have notified their manager or Human Resources.

Leave of Absence

• All employees residing in Ontario are entitled to take a personal leave up to 10 days of unpaid, job protected leave each calendar year due to:

• Personal illness, injury or medical emergency
• Death, illness, injury, medical emergency or urgent matter relating to a family member https://www.labour.gov.on.ca/english/es/pubs/guide/emergency.php

• Permission to obtain a personal leave of absence must be requested in writing. Employees should not finalize any travel arrangements until they have received approval. Once approved a copy of the confirmation will be sent to the Union. A personal leave of absence cannot continue pass four months

Vacation

• Employees are eligible to begin taking vacation upon successful completion of their probationary period of 3 months. Employee’s annual vacation is calculated from their date of hire.

• Employees with less than 1 year of service will be entitled to 2 weeks of scheduled vacation. Part-time and temporary employees are eligible for vacation at a premium of 4% of their gross pay each pay period

• Employees who have completed one (1) year of service but less than five (5) are entitled to two weeks of scheduled vacation. Part-time and temporary employees are eligible for vacation at a premium of 6% of their gross pay each pay period

• Employees with five (5) or more years of service are entitled to three weeks of scheduled vacation. Part-time employees are eligible for vacation at a premium of 8% of their gross pay each pay period

• Part-time employees can choose if they wish to have their vacation pay administered every pay period or on an accrual basis and paid the last pay day before their vacation leave

• Vacation request must be submitted at least three (3) weeks in advance. These will be approved at the discretion of the Manager

• Employees will be permitted to carry over up to five regular vacation days into the new calendar year

Paid Holidays

• Work performed on a holiday shall be paid at the rate of time and a half the employee’s regular rate and the statutory pay.

• Should a paid holiday occur during an employee’s vacation, the employee will be given a day in lieu with pay at the end of their vacation

• Employees qualify for holiday pay only if they have worked the day prior to the holiday and on the day immediately after the holiday, unless it was the employees scheduled day off. If the employee was sick (doctor’s note) the day before or the day after or both they will receive the payment for the paid holiday

• Employees who are scheduled to work on a paid holiday, but fail to report to work on the day of the holiday will not receive any holiday pay unless a doctor’s note is provided

Discipline or Discharge of Employees

• Employees who have completed their probationary period and where disciplined or terminated without just cause can treat this as a grievance. If a written statement of the grievance is lodged with their Manger or his or her representative within 10 working days of the disciplined or termination date

Employees who fail to show up or call in for work.

• First offence – employer must determine if it is culpable absenteeism or innocent absenteeism. If it is culpable the employee will have their pay docked. If it is innocent the employee can use one of their sick or vacation days. Second offence – employees will have to make up the time missed. Third offence – employees will be suspended without pay for 3 days. Fourth offence – employees may be terminated depending on the factors. Fifth offence – employees will be terminated

• The company has the right to reinstate an employee with or without full pay for the time lost or other arrangement, if there were extenuating circumstances found during the grievance process

Meal Periods and Rest Periods

Meals breaks and rest periods are unpaid in the following circumstances: