COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS INC. · MAPLE LEAF FOODS INC. (hereinafter referred...

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COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS INC. (hereinafter referred to as "the Company") - and - UNIFOR LOCAL 2003E (hereinafter referred to as "the Union") TERM OF THE AGREEMENT October 1, 2013 to September 30, 2016

Transcript of COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS INC. · MAPLE LEAF FOODS INC. (hereinafter referred...

Page 1: COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS INC. · MAPLE LEAF FOODS INC. (hereinafter referred to as "the Company") - and - UNIFOR LOCAL 2003E ... 2.07 The Steward at any time

COLLECTIVE AGREEMENT

BETWEEN:

MAPLE LEAF FOODS INC.

(hereinafter referred to as "the Company")

- and -

UNIFOR LOCAL 2003E

(hereinafter referred to as "the Union")

TERM OF THE AGREEMENT

October 1, 2013 to September 30, 2016

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INDEX

Article Page

ARTICLE 1 – PURPOSE…………………...……………………………………….…….. 4

ARTICLE 2 – RECOGNITION……………………………….…………………….…….. 4

ARTICLE 3 – STRIKES AND LOCKOUTS…………………………………….…….…. 5

ARTICLE 4 – UNION SECURITY AND DUES DECUCTION………………………… 5

ARTICLE 5 – MANAGEMENT RIGHTS……………………………....……………….. 6

ARTICLE 6 – EMPLOYEE REPRESENTATION....…………………………………….. 6

ARTICLE 7 – GRIEVANCE PROCEDURE....………………………………………….. 8

ARTICLE 8 – DISCHARGE AND DISCIPLINE....……………………………………...10

ARTICLE 9 – SENIORITY....……………………………………………………………..11

ARTICLE 10 - JOB POSTING...............………………………………………………….13

ARTICLE 11 – HEALTH AND SAFETY....……………………………………………...14

ARTICLE 12 - HUMAN RIGHTS…….....………………………………………………. 14

ARTICLE 13 – BULLETIN BOARD....…………………………………………………. 15

ARTICLE 14 – HOURS OF WORK AND OVERTIME....……………………………....15

ARTICLE 15 – VACATIONS....………………………………………………………….18

ARTICLE 16 – PLANT HOLIDAYS....…………………………………………………..19

ARTICLE 17 – REPORTING PAY AND CALL-IN ALLOWANCE....…………………20

ARTICLE 18 – BERAVEMENT LEAVE....……………………………………………...20

ARTICLE 19 – JURY DUTY....………………………………………………………….21

ARTICLE 20 – OTHER LEAVES.....…………………………………………………….21

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Article Page

ARTICLE 21 – BENEFITS.…………………..………………………………………...22

ARTICLE 22 – WAGES AND CLASSIFICATIONS......................................................23

ARTICLE 23 – TERM OF AGREEMENT ……………………………………………. 24

SCHEDULE “A” …………………………………………………………………….… 25

WAGE RATES/CLASSIFICATIONS ………………………………………… 25

SCHEDULE “B” ………………………………………………………………………. 26

GROUP BENEFITS …………………………………………………………… 26

SCHEDULE "C"

LETTER OF UNDERSTANDING #1…………………………………………..28

APPRENTICESHIP PROGRAM………………………………………………..28

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ARTICLE 1 – PURPOSE

1.01 The purpose of this Agreement is to provide orderly collective bargaining

relations between the Company and its employees covered by this Agreement

through the Union to secure prompt and fair disposition of grievances, to secure

the efficient operation of the Company’s business without interruption or

interference with work and to maintain mutually satisfactory hours of work,

wages and working conditions. The Union recognizes that the business in which

the Company is engaged is highly competitive and that the Company must be able

to maintain an efficient operation and improve itself in a competitive market and

the Union agrees to support the Company in achieving these objectives.

ARTICLE 2 – RECOGNITION

2.01 The Company recognizes the Union as the sole collective bargaining agent of all

Stationary Engineers employed by Maple Leaf Foods Inc. in the Town of

Thamesford, Ontario, save and except Chief Engineer, supervisors and persons

above the rank of Chief Engineer and Supervisor.

2.02 Employees not covered under the bargaining unit shall be permitted to perform

work on a bargaining unit job in cases of emergency and for purposes of

instructing and training, including demonstrating the proper method to accomplish

the assigned task and/or unforeseen employee absenteeism until a member of the

bargaining unit is available, but in no case shall the above result in loss of

employment, layoff or loss of regular hours or overtime for the bargaining unit

employees.

2.03 The word “employee” or “employees” wherever read in this Agreement shall

mean any or all of the employees in the bargaining unit as defined above, except

where the context otherwise provides

2.04 Where the masculine pronoun is used herein, it shall mean and include the

feminine pronoun where the context applies.

2.05 The Employer agrees to recognize Steward and/or alternate steward of the local,

elected by the employees covered by this Agreement, as its representatives for the

purposes of negotiation and administration of this agreement.

2.06 It is understood and agreed that a Steward has his regular duties as an employee to

perform and that is it is necessary to investigate a grievance or attend a grievance

hearing during working hours, the Steward will not leave his work without first

obtaining the permission of the Chief Engineer or designate, which shall not be

unreasonably withheld. The Steward shall report again to the Chief Engineer or

designate at the time of his return to work. The Steward will not suffer a loss of

pay when meeting with the Employer for the purpose of discussing grievances

during working hours

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2.07 The Steward at any time during negotiations may be accompanied by the Business

Representative of the Union when dealing with the Employer.

2.08 The Company, the Union and the employees covered by this agreement agree to

comply with the Technical Standards and Authority Act, 2000 (TSSA), as

amended from time to time.

ARTICLE 3 – STRIKES AND LOCKOUTS

3.01 In view of the orderly procedure established by this Agreement for the settling of

disputes and the handling of grievances, the Union agrees that, during the lifetime

of this Agreement, there will be no strike, picketing, slowdown or stoppage of or

interference with work or production, whether complete or partial and the

Company agrees that there will be no lockout of employees.

3.02 The Union agrees that the Company’s employees in the bargaining unit are bound

by the Technical Standards and Safety Act, 2000 and its associated Regulations.

ARTICLE 4 – UNION SECURITY AND DUES DEDUCTION

4.01 The Union will not nor will any employees engage in any Union activities during

working hours or hold meetings at any time on the premises of the Company

without the permission of the Company.

4.02 All employees of the Company covered under this Agreement, shall as a

condition of employment, become members of the Union upon completion of

their probation.

4.03 During the term of this Agreement, the Company agrees to deduct regular

monthly Union dues or a sum equivalent to the regular monthly Union dues as

certified by the Union to be currently in effect according to the constitution and

by-laws of the Union from the wages of each employee who has authorized such

deductions on each payday of each calendar month and to remit the amount so

deducted to the union no later than the last day of the month.

4.04 As a condition of their continued employment all future employees shall sign an

application for membership card (along with the payment of the requisite

membership fee – currently set at twenty-five dollars ($25.00), but subject to

changes from time to time) or an amount equivalent to the regular monthly dues,

as the case may be.

4.05 The Company shall furnish to the Union with such payments a list of the names of

those employees for and on the behalf of whom deductions have been made.

Deduction statement shall contain the full name of the employee, the social

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Insurance Number, his start date, home phone number, and classification level. If

no deduction is made a reason will be provided.

4.06 The Company agrees to record the annual Union dues for each employee on his

T-4 form.

ARTICLE 5 – MANAGEMENT RIGHTS

5.01 The Union acknowledges that it is the exclusive function of the Company to:

a) maintain order, discipline, and ensure efficiency, and

b) hire, retire, discharge, classify, schedule, transfer, assign, direct, promote,

demote, layoff and suspend or otherwise discipline employees for just

cause; and

c) generally to manage the industrial enterprise in which the Company is

engaged and without restricting the generality of the foregoing, the kinds

and locations of equipment, machines, and tools to be used, and the

allocation and number of employees required by the Company.

5.02 The Union further recognizes the undisputed right of the company to operate and

manage its business in all respects in accordance with its commitments and

responsibilities. The Company also reserves the right to make and alter, from

time to time, rules and regulations to be observed by employees, which rules and

regulations shall not be inconsistent with the provisions of the Agreement, and

any changes in such rules and regulations will be discussed with Union

Negotiating Committee before being put into effect.

ARTICLE 6 – EMPLOYEE REPRESENTATION

6.01 The Company acknowledges the right of the Union to appoint or otherwise select

a Grievance Committee, which shall be composed of not more than one (1)

Steward and one (1), alternate Steward. Each member of this Committee shall

have completed their probationary period with the Company and shall be regular

employees of the Company during their time of office. The Company will

recognize and deal with the said Committee on any matter properly arising out of

this Agreement, and the said Committee will co-operate with the Company in the

administration of this Agreement.

6.02 The name and jurisdiction of each of the Stewards of the Grievance Committee

from time to time selected shall be given to the Company in writing and the

Company shall not be required to recognize any such Steward until it has been

notified in writing by the Union of the name and jurisdiction of same.

6.03 The privilege of members of the Grievance Committee and Stewards to leave

their work to attend to Union business is granted on the following conditions:

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(a) there will be no loss of pay while absent from their work, for approved

Union business, except for time spent preparing for and attending at

arbitration hearings,

(b) such business must be between the Union and the Company;

(c) the time shall be devoted to prompt handling of necessary Union business;

(d) individuals concerned shall obtain the permission of the Chief Engineer or

designate, who shall give permission to leave their work without undue

delay.

(e) The Union representatives will not enter the premises of the Company

before or after working hours without signing in with Security.

6.04 The National Representative of the Union will not enter the premises of the

Company without obtaining the prior consent of the Company, and such consent

will not be unreasonably withheld provided:

(a) he first reports to Human Resources and complies with Site Security

protocol;

(b) such a visit will not unreasonably interfere with work;

(c) he complies with Company regulations governing employees

6.05 At any further negotiations for the renewal of this Agreement, the bargaining unit

will be represented by a Negotiation Committee consisting of not more than one

(1) employee of the Company and the Union’s National Representative. Each

member of this Committee shall have completed their probationary period with

the Company and shall be regular employees of the Company during their time in

office. The Company will recognize and bargain with the said Committee on any

matter properly arising in negotiations for renewal of this Agreement. The Union

shall notify the Company in writing of the names of the members of the

Negotiating Committee at the time of their appointment and the Company shall

not be required to recognize any Committee member until it has been so notified.

6.06 The privilege of members of the Negotiation Committee to leave their work to

attend Union business is granted on the following condition that such business

must be between the Union and the Company.

6.07 Any employee may view his personnel file, upon advance written request signed

by the employee, in the presence of a union representative, if so desired, and a

member of Human Resources.

No copies of records will be provided to the employee. Exceptional situations

will be handled on their own merit; and at the company’s sole discretion, records

may be copied for the employee based on the situation giving rise to the request

6.08 The Company agrees that whenever a meeting is held with an employee where the

subject matter is intended to become part of such employee’s record regarding his

work or conduct, a Steward will be made available as a witness to the employee.

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The employee may request that the Steward leave the meeting. Any conclusion

without the Steward, verbal or written, will not form part of their discipline

record, except in the case where the employee requested the Steward to leave.

The Company agrees to provide a copy of any disciplinary letter to the Union

steward who has been requested to leave the meeting.

6.09 Employees covered under the bargaining unit may use their own personal lock for

their lockers. The employee will, upon request, open it for inspection by the

Company and the request will not be denied without just cause.

ARTICLE 7 – GRIEVANCE PROCEDURE

7.01 The purpose of this Article is to establish a procedure for the settlement of all

grievances arising in respect of the interpretation, application, administration or

alleged violation of this Agreement. The Company and the Union, therefore,

agree that the designated grievance procedure as is set out shall serve and

constitute the sole and exclusive means to be utilized by the grievor, union, and

company for the prompt disposition, decision and final settlement of a grievance

and the specifically designated grievance procedure shall be strictly followed.

No grievance shall be considered if more than five (5) working days have elapsed

between the occurrence of the incident and the stating of the grievance. An

extension may be granted by either party if the Steward or Management

representative is unavailable to facilitate employee filing a grievance due to

circumstances beyond the employee’s control. This extension must be submitted

in writing to Human Resources.

STEP ONE

An employee who has a complaint relating to the interpretation, application,

administration or alleged violation of this Agreement shall discuss his

complaint with his supervisor, and shall be given the opportunity to have a

union steward present. Such a complaint shall be brought to the attention of

the supervisor within five (5) working days of the incident giving rise to the

complaint. The supervisor shall give his verbal decision within five (5)

working days following the presentation of the complaint or grievance to

him.

STEP TWO

If the supervisor’s decision is not satisfactory to the employee following

Step 1, then the complaint shall, with the assistance of the union steward, be

placed on a written grievance form, which is then to be presented to the

Chief Engineering or his designate.

The complaint shall now constitute a formal grievance at Step Two and shall

be filed within ten (10) working days following receipt of the supervisor's

reply to Step One. The grievance shall specify the Article or Articles and

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subsections of the Agreement of which a violation is alleged, contain a

precise statement of the facts relied upon, and indicate the relief sought and

be signed by the Employee.

A meeting will be held, within five (5) working days of the company’s

designate, as listed above, receiving the written grievance and will be

attended by Human Resources and the Chief Engineer, the grievor’s

supervisor, the grievor and the Steward signing the grievance.

The Company designate as listed above will render his decision, in writing,

with copies to Human Resources, the Employee and the Steward within

three (3) working days following the meeting.

STEP THREE

If satisfactory settlement to the employee is not reached, then the grievance

will be presented as follows:

The Union Grievance Committee will meet with the Management of the

Company to discuss the grievance at a mutually agreed upon date, within

one (1) month after the written decision at Step 2. The grievor will be

allowed to attend the Step 3 meeting.

After the Step 3 meeting, the Company shall reply to the grievance, in

writing, with a copy to the National Representative within three (3) working

days of such time as mutually agreed upon at the Step 3 meeting.

ARBITRATION

At the request of either party to this agreement, the grievance may be referred

to arbitration as hereinafter set forth:

If arbitration is to be invoked, the request for arbitration must be made, in

writing, to the other party within twenty (20) working days after the reply at

the Step 3, failing which the grievance shall be deemed to have been

abandoned and all rights to arbitration forfeited.

The parties shall attempt to agree on a single arbitrator from a list previously

agreed to by the parties. If the parties cannot agree upon an arbitrator within

fourteen (14) days from the date of the notice to arbitrate, the Ministry of

Labour shall be requested to appoint an arbitrator pursuant to the Ontario

Labour Relations Act.

If required, extensions to the time limits referred to shall be by written mutual

agreement.

7.02 The Union or the Company may initiate a Policy Grievance beginning at Step Three

of the grievance procedure. A Policy grievance may only be filed by the Union

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National Representative (or designate) and Human Resources. Such grievance shall

be filed within ten (10) working days of the incident giving rise to the complaint and

shall be on the form prescribed in Step Two. In the event that a policy grievance is

based on facts which have also given rise to an individual grievance, the Company

and the Union may agree that the Policy Grievance and the individual grievance be

heard together during the grievance procedure and/or submitted together to

arbitration.

7.03 The discharge, layoff or discipline of a probationary employee will be at the sole

discretion of the Company so long as such discharge, lay-off or discipline is not

carried out in bad faith or discriminatory manner.

7.04 No matter may be submitted to arbitration which has not been properly carried out

through the grievance procedure within the time specified, providing that the parties

may extend the time limits in the grievance procedure by mutual agreement. Where

a response is not given by a party within the specific time limits in the grievance

procedure, the other party may submit the grievance to the next step of the grievance

procedure.

7.05 Settlement in any step of the grievance procedure shall be final and binding upon

both parties to the Agreement and upon any employee affected by it. The mandatory

provisions of this Article shall not be considered to have been waived by the parties

or either of them unless they expressly provide a waiver in writing.

7.06 A grievance, the subject matter of which has been disposed of pursuant to the

grievance provisions of this Agreement, shall not again be made the subject matter

of a grievance.

7.07 The decision of the Arbitrator shall be final and binding upon the parties hereto and

any employee affected by it.

7.08 The Arbitrator shall not have any power to alter or change any of the provisions of

this Agreement or to substitute any new provisions for any existing provisions nor to

give any decision inconsistent with the terms and provisions of this Agreement.

7.09 Each of the parties to the agreement will equally bear the expenses of the arbitrator

appointed by it.

ARTICLE 8 – DISCHARGE AND DISCIPLINE

8.01 No employee who has completed his probationary period shall be discharged

without just cause.

8.02 In conjunction with Article 6.08 an employee who is discharged or suspended

shall be given a reasonable opportunity to interview his Steward before leaving

the Company’s premises.

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8.03 An employee who is discharged or suspended may file a grievance at Step Two of

the grievance procedure within ten (10) working days after such discharge or

suspension.

8.04 Where a grievance which is filed under Article 8.02 is not settled and duly comes

before an arbitrator; the arbitrator may make a ruling subject to this Article and to

Article 8.

(a) confirming the Company’s action:

(b) in cases of discharge, reinstate the employee with compensation for all

related damage (except for the amount of any remuneration or

compensation the employee has received from other sources pending the

dispositions of his case for which he is not required to repay);

(c) disposing of the grievance in any other manner which may be just and

equitable.

8.05 Any employee who receives discipline shall have such discipline remain

actively recorded in their HR file for the periods noted below:

Verbal Warning – for a period of twelve (12) months

Written Warning – for a period of eighteen (18) months

Suspension – for a period of twenty-four (24) months

Provided there has been no discipline within the above time period(s) on which

discipline would progress, the said disciplinary period(s) will thereafter become

null and void.”

ARTICLE 9 – SENIORITY

9.01 A newly hired employee shall be on probation until he has been actively

employed for Ninety (90) calendar days for the company within a period of

twelve (12) consecutive months from date of hire and shall have no seniority

rights during this period. Upon completion of the probationary period a new

employee shall have his seniority date back-dated to his original date of hire.

During the probationary period there shall be no obligation to the Company to

retain the services of a probationary employee or to re-employ him if he is laid off

or discharged during such period so long as such discharge is not carried out in

bad faith or in a discriminatory manner.

9.02 Seniority” shall mean an employee’s length of continuous employment with the

Company in the bargaining unit. An employee shall maintain and accumulate

seniority under the following conditions:

(a) While he is actively at work for the Company after he has completed his

probationary period as set out in Article 9.01 above;

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(b) During any period when he is prevented from performing his work for the

Company by reason of an injury arising out of and in the course of his

employment for the Company and for which he is receiving compensation

under provisions of the Workplace Safety and Insurance Act; or by reason

of personal illness for which he is receiving short term disability benefits

from the company’s benefit carrier.

(c) During the first ninety (90) days of any approved leave of absence.

Notwithstanding the foregoing, an employee shall not accumulate

seniority during any approved leave of absence exceeding 90 calendar

days but, rather, shall maintain his seniority until his return from the

approved leave of absence, after which he will continue to accumulate

seniority pursuant to this article.

(d) During any Pregnancy/Parental Leave in accordance with all provisions of

the Employment Standards Act.

9.03 In the event of layoff, the following procedure will be followed:

a) probationary employees will be laid off first; then

b) full-time employees in reverse seniority order provided that the employee

has the required license

The Company shall notify employees with seniority, twenty-four (24) hours in

advance of layoffs, provided such layoff is for a duration of four (4) working days

or less, but exceeding one (1) shift. For layoffs of more than five days, the

requirements as set out under Section 57 of the Employment Standards Act shall

apply.

The above will not apply in the event of Acts of God, fire, flood and extreme

emergency cases.

9.04 Seniority lists will be supplied to the Union and posted on the bulletin board the

first working day following July 1st of each year of this Agreement.

9.05 Seniority once established for an employee shall be forfeited and the employee’s

employment shall be deemed to be terminated under the following conditions:

(a) if he voluntarily quits;

(b) if he retires;

(c) if he is discharged for any cause and not reinstated thought the grievance

procedure;

(d) if he fails to report for duty after a layoff or leave of absence in

accordance with the provisions of this Agreement;

(e) if he is absent from work for more than three (3) consecutive scheduled

working days without notifying the Company, unless just cause exists;

(f) In the case of a lay-off for a period of twenty-four months;

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(g) If he does not notify the Company of his intent to return to work within

three (3) working days of recall notice or if he fails to return to work

within five (5) working days after being recalled (or such period as

specified by the current Technical Standards and Safety Act (TSSA) and its

associated Regulations or its replacement legislation) by the Company by

telephone or registered mail addressed to him (at his address last known to

the Company), unless just causes exists. It shall be the employee’s

responsibility to keep the Company and the Union notified in writing of

his current address and phone number so that this information is up-to-

date at all times.

9.06 (a) No employee shall be transferred to a position outside the bargaining unit

without his consent. If an employee is transferred to a position outside the

bargaining unit, he shall retain his seniority accumulated up to the date of

leaving the bargaining unit, but will not accumulate further seniority.

Such employee will have the right to return to a position in the bargaining

unit consistent with his seniority accumulated up to the date of transfer

outside the bargaining unit for a period of six (6) months after his transfer

out to the bargaining unit. If an employee accepts a position outside of the

bargaining unit, he/she must remain in that position for a minimum of

fifteen (15) working days. Should the employee be deemed unsatisfactory

for the role after accepting the position offered, he shall be returned to his

former job within forty-five (45) working days of assuming such role.

Should the employee wish to transfer back to his former position, he must

notify the Company in writing within thirty (30) working days of starting

in his new position. The employee shall be returned to his former job in

this situation.

(b) In the event of any Company employee entering the bargaining unit with

existing service, it will be kept for the purposes of vacation entitlement

and group benefits. In the event of layoff under this article, only seniority

earned in the bargaining unit will be considered.

9.07 New employees shall not be hired where there are employees on layoff capable of

performing the work.

ARTICLE 10– JOB POSTING

10.01 (a) When a new job classification in the bargaining unit is added or additional

employees are required in any job classification (above entry level), the

Company will post a notice of the vacancy for a period of seven (7)

working days on bulletin boards in the Engineering area.

(b) The Company may temporarily fill a vacant position at its discretion

during the posting period in order to maintain operational efficiency.

(c) If a posting is not filled pursuant to this Article, the Company reserves the

right to hire externally.

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(d) When filling any posted vacancy under this article, the Company will

consider seniority, training, skill and ability of the individual to perform

the normal required work and where these are, in the opinion of the

Company, relatively equal, seniority shall govern.

(e) The successful applicant must remain in the position for a minimum of

fifteen (15) working days.

(f) Should the successful applicant for such vacancy be unsatisfactory, he

shall be returned to his former job within forty-five (45) working days

with reasons given in writing from his supervisor.

(g) Should the successful applicant wish to transfer back to his former

position, he must notify the Company in writing within thirty (30) working

days of starting in his new position.

(h) In the event that the role is the same as the employee base, thereby

offering no opportunity to the existing employees to apply (ie., lateral

position) no internal job posting will be made, moving straight to external

posting only.

ARTICLE 11 – HEALTH AND SAFETY

11.01 The Company is committed to the prevention of illness and injury through the

provision and maintenance of healthy and safe working conditions on its

premises. The Company endeavors to provide a hazard free environment to

minimize risks by adherence to all relevant legislation, and where appropriate,

through the development and implementation of additional internal standards,

programs and procedures. The Company requires that health and safety be a

primary objective in every area of operation and that all persons utilizing

Company premises comply with procedures, regulations and standards relating to

health and safety.

The Company shall acquaint its employees with such component of legislation,

regulations, standards, practices and procedures as pertain to the elimination,

control and management of hazards in their work environment. Employees shall

work safely and comply with the requirements of legislation, internal regulations,

standards and programs and shall report hazards to someone in authority, in the

interests of health and safety of all members of the community.

The Employer recognizes the rights of the workers to be informed of hazards in

the workplace, to be provided with appropriate training, to be consulted and have

input, and the right to refuse unsafe work consistent with the now current

Occupational Health and Safety Act.

To this end, the Company will continue to make Health and Safety issues a

priority for discussion at regularly scheduled Labour/Management meetings.

Should applicable legislation change, the parties will discuss their implications on

requirements, practices and procedures.

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ARTICLE 12- HUMAN RIGHTS

12.01 (a) The Company agrees that there will be no discrimination, intimidation,

interference, restraint or coercion exercised or practiced by the Company

or any of its representatives, with respect to any employee because of their

membership in, or connection with, the Union.

(b) The Union and the Employer agree that management and employees will

abide by the Ontario Human Rights Code and further agree that all

individuals in the workplace should be treated with respect and shall not

be subject to harassment of any type by an individual or group of

individuals. Harassment for the purposes of the agreement shall mean

engaging in a course of vexatious comment or conduct that is known or

ought reasonably to be known to be unwelcome. Subject to the outcome

of the investigation under the Company’s harassment policy, alleged

violations of this provision are subject to the grievance procedure.

ARTICLE 13- BULLETIN BOARD

13.01 The Company will provide one bulletin board in a mutually satisfactory location

in the premises of the Company for the convenience of the Union for posting

notice of Union activity. All such notices or other literature must be signed by the

proper officers of the Union and approved by the Company prior to their being

posted or distributed.

ARTICLE 14- HOURS OF WORK AND OVERTIME

14.01 It is understood that the Company’s operation is a seven (7) day operation and no

distinction is made with respect to any individual day. The present shift schedule

shall be continued unless the Company has a business need to change the shift, in

which case, the Company will give the Union as much notice as possible of the

reason necessitating the shift change, and the parties will discuss its’

implementation.”

14.02 The regular work week shall consist of thirty-seven (37) hours per week, or forty-

two and one half (42.5) hours per week, or forty-eight (48) hours per week. The

regular work day will consist of either 8.5 hours or 12 hour shifts. Engineers on

12 hour shifts will rotate between the 48 hour schedule and the 37 hour schedule,

and will be paid weekly for hours worked. The union and the Company will

apply for the appropriate hours averaging permit.”

14.03 Employees working a scheduled eight and one-half (8 ½) hour shift will be

provided with:

(i) an unpaid thirty (30) minutes each at approximately mid-point of each

shift when working conditions permit;

(ii) two paid rest periods of fifteen (15) minutes each at approximately mid-

point of each shift when working conditions permit, provided that a

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minimum of two and one-half (2 ½) hours of work have been performed in

each half of a regularly scheduled shift.

14.04 Employees working a scheduled twelve (12) hour shift will be provided with (2)

paid thirty (30) minutes rest periods at proportionately equal portions of the shift,

when working conditions permit.

14.05 (a) It is recognized by the parties that the needs of the business may require

overtime work and that the jobs involved must be manned by qualified

employees working on overtime basis. The amount of overtime and the

schedule for working such overtime will be established by the Company

on a seniority basis. The Union acknowledges that employees must remain

on shift until they are relieved by a qualified replacement.

(b) The Company will provide an equitable distribution of overtime for

employees who are eligible and qualified to do the required overtime

work.

Overtime distribution lists will be reviewed as necessary between the

Company and the Union representative.

(c) An employee who is scheduled to report for meetings/training and reports

for work outside his regularly scheduled hours of work will be paid at time

and one half for all hours worked outside their regularly scheduled hours

of work or three (3) hours pay at his straight time hourly rate, whichever is

greater. This clause shall not apply to an employee who is called in early

to perform work which continues into his regularly scheduled starting

time.

(d) The Company will endeavor to give as much advance notice as possible in

the event of overtime. The Company will provide no less than 36 hours

notification of overtime for a given overtime period. Proper notification

constitutes scheduled overtime and this article applies. Should the proper

notification not be provided, the overtime shall be considered “call-in”

work and Article 17 shall apply.

14.06 (a) (i) Shift engineers shall be paid overtime for hours worked over their

normally scheduled 12 hours per day or weekly hours (37-48 hours).

(ii) Maintenance employees shall be paid overtime for all hours worked in

excess of eight and one-half (8 ½) hours per day or forty-two and one-

half (42.5) hours weekly. Mutual arrangements can be made to allow

a shift to be longer than 8 ½ hours wherein the additional hours could

be taken as time off in lieu of overtime. The time off in lieu must be

taken within the same pay period. The time off in lieu will be a

straight time in lieu of overtime pay. A maximum of 4.5 additional

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hours per day up to a maximum of the equivalent of one working day

per pay period. These hours cannot be accumulated week over week.

(iii) Overtime will be paid at the rate of time and one-half (1 ½ x) an

employee’s straight time hourly rate and for all hours worked on the

employee’s first day of rest. Double time (2 x) shall be paid for all

hours worked on the employee’s second day of rest and subsequent

days of rest. It is understood that it is not a requirement to work the

first day of rest to received double time on the second day of rest. It is

further understood that the Company will maintain the right to

schedule work for either first or second day or both.

(b) Overtime will be paid weekly.

(c) There is to be no pyramiding of overtime payments with respect to other

provisions in the collective agreement and in particular Article 17.3 herein.

(d) The company will consent to an employee leaving the job once his relief has

arrived and the shift has been properly turned over to the relief.

(e) The supervisor is to be made aware of any and all such arrangements. It is

further understood that the shift employee may leave with no loss of pay and

the company will not compensate the relief employee in any way for any

extra time they work as a result of such an arrangement between employees.

14.07 The practice of mutually exchanging shifts between employees will be allowed

to continue. The employees will receive the rate of pay, including shift

premiums if applicable, for actual shift hours worked by the respective

employees.

Under no circumstances will this mutual agreement between employees result in

any addition cost to the company (i.e. overtime) nor will the company be

responsible for any shifts owing to an employee who has entered into such

mutual agreement to exchange shifts.

14.08 The Company will discuss with the Union in advance any change that will

affect the shift times.

14.09 Employees working any hours between 7:00 p.m. and 7:00 a.m. will be paid

shift premium of $1.15 per hour for each completed hour worked upon

ratification of this Agreement.

14.10 Employees hired prior to March 1, 2011 working any regular hours between

7:00 a.m. Saturday and 7:00 a.m. Sunday shall receive a Saturday premium for

each completed hour worked; and for hours worked between 7:00 a.m. Sunday

and 7:00 a.m. Monday shall be paid a Sunday premium for each completed hour

worked. These weekend premiums are in addition to the night shift premium.

The premium shall be $2.00 for Saturday and $2.50 for Sunday.

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ARTICLE 15- VACATIONS

15.01 An employee who, on the 1st day of January in each year has:

(a) less than one (1) year of service shall receive pro-rated vacation with pay

equal to four percent (4%) of the amount of the employee’s total wages in

the previous year.

(b) One (1) year or more but less than three (3) year of continuous service

with the Company shall receive two (2) weeks’ vacation per year with pay

equal to four percent (4%) of the amount of the employee’s total wages in

the previous year.

(c) Three (3) years or more but less than ten (10) years of continuous service

with the Company shall receive three (3) weeks’ vacation per year with

pay equal to six percent (6%) of the amount of the employees total wages

in the previous year.

(d) Ten (10) years or more but less than twenty (20) of continuous service

with the Company shall receive four (4) weeks’ vacation per year with pay

equal to eight percent (8%) of the amount of the employee’s total wages in

the previous year.

(e) Twenty (20) years or more of continuous service with the Company shall

receive five (5) weeks’ vacation per year with pay equal to ten percent

(10%) of the amount of the employee’s total wages in the previous year.

15.02 The term total wages does not include the previous year’s vacation pay.

15.03 The scheduling and assigning of vacation shall be the exclusive function of the

Company in keeping with the needs and dictates of the business. The Company

will post, by November 1st each year, a vacation schedule for employees to

indicate their vacation preferences. Employees with vacation entitlement will

select their vacation schedule by December 31st. Any vacation requests made

after this date must be made in writing to management with no less than 3 weeks

notice and will be considered based upon the needs of the business.

15.04 An employee who terminates his employment, for whatsoever reason, shall be

paid his vacation allowance as provided herein.

15.05 On the death of an employee, the vacation pay allowance shall be paid to an

employee’s estate.

15.06 Beginning January 1, 2014, employees will be entitled to one (1) floating holiday

per calendar year. The floating holiday must be taken at a time mutually agreed

upon between the employee and the company based on the needs of the business.

It is understood that floating holidays will not be granted during the festive

periods. Floating holidays cannot be carried over and will not be paid out if not

taken.

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The Company reserves the right, prior to January 1st of each year, to fix the

floating holiday to a specific day for all engineering employees.

15.07 Any unused vacation pay accrual must be paid out on the first pay following

December 31st of each year. No carryover will be allowed.

ARTICLE 16- PLANT HOLIDAYS

16.01 The following shall be recognized as holidays to be paid on the basis of normal

scheduled hours at the straight time hourly rate specified in this Agreement:

New Year’s Day Family Day

Good Friday Victoria Day

Canada Day Civic Holiday

Labour Day Thanksgiving Day

Christmas Day Boxing Day

In the event a holiday falls on a Saturday or Sunday, it will be observed on

Monday or Friday, unless otherwise agreed between the Union and the Company.

Where Christmas and Boxing Day falls on a weekend, the Company will post a

notice in advance advising employees the date on which the holidays will be

observed.

With the exception of Canada Day, in the event a holiday falls between Monday

and Friday inclusive, it shall be observed on the actual shift day of the holiday,

or on some other day, by mutual agreement. The Company will post a notice in

advance advising employees the date on which Canada Day will be observed.”

16.02 An employee will be paid for a holiday provided that he:

(a) Works his last full scheduled shift before and his first full scheduled shift

after such holiday and works in such holiday if he is scheduled to work,

unless he is excused by the Company;

(b) Provides a note from his physician to verify any illness absence on the day

prior to or following a plant holiday;

(c) He is on the active payroll of the Company and not on leave of absence,

sick leave, Workplace Safety and Insurance or layoff;

16.03 Employees who are required to work on any of the above actual holidays, will be

paid at the rate of two times (2x) their regular rate of pay for all hours worked in

addition to pay for the holiday.

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ARTICLE 17- REPORTING PAY AND CALL-IN ALLOWANCE

17.01 Unless employees are notified not to report for work, employees who report for

work at their regular starting time and for whom no work is available will be

offered at least four (4) hours’ pay at this regular hourly rate. The provisions of

this paragraph shall not apply in the event of strikes, power, and water or air

failure of any other condition beyond the control of the Company and the

Company is unable to advise the employee or leave a message not to report for

work because the employee has not provided his current address and telephone

number to the Company in writing.

17.02 (a) An employee who is called in and reports for work outside his regularly

scheduled hours of work will be paid a minimum of four (4) hour pay at

the rate of time and one-half times (1 ½ x) his straight time hourly rate.

This clause shall not apply to an employee who is called in early to

perform work which continues into his regularly scheduled starting time.

(b) An employee who is called at home, under the express direction of the

Chief Engineer or designate, outside his regularly scheduled hours of

work, and provides telephone guidance will be paid two (2) hours at his

straight time hourly rate of pay.

17.03 An employee called in to work on his first day of rest will be paid time and one-

half (1 ½ x) his straight time hourly rate for a minimum of four (4) hours. An

employee called in to work on his second or subsequent day of rest within that

same rest period will be paid at two times (2x) his straight time hourly rate for a

minimum of four (4) hours.

ARTICLE 18- BEREAVEMENT LEAVE

18.01 The Company shall pay an employee up to three (3) days’ pay at the employee’s

straight time hourly rate for all scheduled regular time lost in the event of the

death of the employee’s legal guardian, spouse, father, mother, step-parent, child,

step-child, brother or sister, mother-in-law, father-in-law, brother-in-law, sister-

in-law, step-brother, step-sister, grandparent and grandchild. Payment shall be

made only to the extent of time lost while making arrangements for and/or

attending the funeral/service.

18.02 Employees shall not be paid pursuant to this Article for non-scheduled workdays,

paid holidays, while on vacation or leave of absence of any other period during

which they would not have worked. The Company recognizes current

relationships only. All previous relationships (legal or otherwise) are not

recognized for the purpose of this article.

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18.03 Upon request, additional time off without pay (leave of absence) may be granted

as necessary to make funeral arrangements or for long distance travel. Such

leaves will not be unreasonably denied. This leave of absence is subject to

employee being on the current payroll and the following conditions outlined in

Article 20 of this Collective Agreement (20.02, 20.03 and 20.04).

ARTICLE 19- JURY DUTY

19.01 An employee who is selected for services as a juror or as a Crown witness will be

compensated for loss of pay from his regularly scheduled shift due to such jury

service. Such compensation will be based on his regular scheduled hours at his

regular straight time hourly rate less the fee received for his services as a juror.

However, should the employee present himself for selection as a juror and not be

selected, then he is required to return to the premises to complete his remaining

normally scheduled workday.

19.02 In order for an employee to qualify for payment under this Article, he must:

(a) Inform the Chief Engineer within two (2) scheduled shifts following the

notice of his selection as a juror or being subpoenaed as a Crown witness,

and;

(b) When released from service as a juror or Crown witness and four (4) hours

or more remain of the employee’s regularly scheduled hours, he must

return to the plant to complete such hours remaining in his normally

scheduled workday, and;

(c) Provide a written statement to the Company indicating the date of his

service as a juror or Crown witness, and;

(d) Have completed his probationary period.

ARTICLE 20- OTHER LEAVES

20.01 Employees who have at least one year’s seniority may apply for a leave of

absence, without pay, at the discretion of the Company, and the Company’s

decision to deny a LOA will not be arbitrabal. At least one full year must elapse

between requests for leave of absence by the same employee.

20.02 The employee must provide the Company with a written request for leave, on the

prescribed form.

20.03 No leave of absence will exceed three (3) months for any reason, unless otherwise

legislated.

20.04 When an employee returns to work following a leave of absence, he will either be

placed on his previous job or, if redundant, alternate work of a comparable nature

if available.

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20.05 With confirmation acceptable to the Company, legislated leaves will be granted in

accordance with the provisions of the Employment Standards Act.

20.06 During any approved leave of absence the Company shall continue to make

payments on behalf of the employee for all applicable group benefit plans for a

maximum period of ninety (90) calendar days. The employee will be obligated to

reimburse the Company for the premium costs of benefits after the first ninety

(90) days. This reimbursement will be by way of payroll deduction upon the

employee’s return to work. These deductions will be at a rate of twice the normal

benefit premium deduction until the full amount owing is repaid. The employee

will be given the option of providing monthly post-dated cheques, for the amount

equivalent to the monthly benefit premium owed by the employee, to the

Company prior to his leave commencing.

ARTICLE 21- BENEFITS

21.01 The company agrees to provide Group Benefits as set out in Schedule “B”.

21.02 Any dispute over payment of benefits under such plans or policies shall be

adjusted between the employee and the insurer concerned. The Company will use

its best efforts to adjust and settle any such disputes.

21.03 The Company will provide each new employee with his/her first pair of

prescription safety glasses. Such glasses are the personal responsibility of each

employee and will be replaced by the Company if such glasses are damaged in the

course of employment. In the event of a prescription change only, the employee

must submit proof of the prescription change along with the applicable paperwork

to the HR Department for approval, and HR will submit the request for new

prescription safety glasses.

21.04 The Company agrees to supply and launder as required all protective clothing

required by employees to perform the job. The Company further agrees to supply

and replace when worn out and turned in, the following articles where such

deemed necessary to perform the job:

Coveralls, Gloves, Headgear, (upon ratification, Rubber Boots) and Sleevelets.

Such articles shall remain the property of the Company and shall not be removed

from the Company’s premises and must returned for new issue or upon separation

of the employee.

21.05 As a condition of employment, the employee is required to purchase and maintain

safety or specialty footwear as prescribed by the company. The employee is to

replace the footwear as required to meet safety standards. An employee will not

be permitted to work if the proper approved and maintained footwear is not worn,

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and will not be paid for any loss of income as a result of not having appropriate

and maintained footwear as required.

The company agrees to provide an annual allowance to assist with the expense of

purchasing safety footwear as detailed in this article. This allowance will be paid

on the first pay date following October 1st of each calendar year.

Employees must have completed their probationary period prior to the date of

payout in order to be eligible for this benefit. If the probationary period has not

been fulfilled, the employee will not be entitled to any allowance until the next

payout date.

Effective October 1, 2013, The parties agree that the safety footwear allowance is

intended only to provide for appropriate safety footwear for employees. In the

event that required footwear is provided at no cost to the employee, such

employees will not qualify for a safety shoe allowance. Furthermore, the parties

agree that the company reserves the right to provide the safety shoe allowance as

an available credit with a designated vendor in lieu of an annual payment.

Allowance amount will be $160.00 effective October 1, 2013; $170.00 effective

October 1, 2014 and October 1, 2015

21.06 The Company agrees to pay the yearly license renewal fee for any engineering

certificate required by the company.

21.07 A tool allowance of five hundred dollars ($500.00) per calendar year, to each

Maintenance engineer for replacement of worn, broken or lost tools and for the

purchase of additional tools (supported by receipts).

21.08 Shift Engineers will be provided with a personal tool kit comprising of the

following items: Flash light, service wrench, multi-tool, multipurpose

screwdriver, crescent wrench, and a belt pouch.

21.09 A tool crib will be established and maintained by the company for the use of the

Shift Engineers. The contents of the crib will be as mutually agreed upon

between the Union and the Company.

ARTICLE 22- WAGES AND CLASSIFICATIONS

22.01 The job classifications and rates of pay shall be as set forth in Schedule “A”

attached hereto and forming part of this Agreement.

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ARTICLE 23- TERM OF AGREEMENT

23.01 This Agreement shall remain in full force and effect from October 1, 2013 and

continue until September 30, 2016. This Agreement shall continue from year to

year thereafter, unless either party gives notice in writing to the other not less than

thirty (30) days nor more than ninety (90) days prior expiry data hereof of that

party’s intention to terminate this Agreement or to negotiate revisions thereto.

SIGNED AT ____________________, Ontario, this _____day or __________, 2013

FOR THE COMPANY FOR THE UNION

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

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SCHEDULE “A”

WAGE RATES/ CLASSIFICATIONS

HOURLY WAGE RATES

CLASS EFFECTIVE

OCT.3/13

EFFECTIVE

OCT.2/14

EFFECTIVE

SEPT 30/15

Maintenance Engineer

Entry Level $23.37 $23.87 $24.37

Fourth Class $26.05 $26.55 $27.05

Shift Engineer

Fourth Class with “B”

Refrigeration $28.82 $29.32 $29.82

Third Class, Third Class

with B Ticket, Second

Class

$30.82 $31.32

$31.82

The parties agree that the Company has the unilateral right to increase the rates for Third

Class Engineers (as defined above) during the term of this agreement if deemed

necessary.

Employees will be paid at the following rates after hire until they reach their

classification rate:

3 months @ $1.00 less than the classification level. Company reserves the right

to waive the $1.00 rate reduction at their sole discretion.

If plant upgraded to require 2nd

Class operators, parties will negotiate rate.

A qualified 2nd

Class Engineer required to work in the capacity of a 2nd

Class

Engineer, due to the requirements of the company will be paid a $1.00 per hour

premium for all hours worked while working in this capacity.

Acting Chief Engineer will be paid a $5.00 per hour premium for all hours

worked while working in this capacity.

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SCHEDULE “B”

GROUP BENEFITS

The Company agrees to continue the health and welfare benefits in force at the time of its

signing of this Agreement to those employees who are actually on the payroll of the

Company, but only while such employees are not on strike or lockouts.

LIFE INSURANCE:

Equal to their annual income (to the nearest thousand) to a maximum of $70,000

effective October 1, 2007.

Policy will provide for employee paid voluntary insurance

ACCIDENTAL DEATH AND DISMEMBERMENT:

Equal to their annual income (to the nearest thousand) to a maximum of $70,000

effective October 1, 2007.

MAJOR MEDICAL:

100% reimbursement of prescription medication (drugs purchasable over the

counter are not covered) and other services (crutches, oxygen, hearing aids,

orthopedic supplies, private hospitalization, out-of-province emergency coverage,

ambulance charges, services to licensed professionals).

Drug Card (no deductible) $7.00 limit on dispensing fee and provision for generic

substitutions.

DENTAL:

100% reimbursement of preventive maintenance services and periodontal and root

canal (level II with cap of $1,500.00 per eligibly insured person per year), with

annual deductibles of $10.00 single and $25.00 family, and based on the O.D.A

fee schedule of one year behind current calendar year.

Effective December 1, 2007 – 50% reimbursement for major restorative,

maximum $2000.00 per family

Effective December 1, 2007 – 50% reimbursement for orthodontics, maximum

$3000.00 lifetime per child under age 16

Effective December 1, 2007 – Maximum of $1500.00 reimbursement every 3

years for dentures

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VISION CARE:

Coverage of $200.00 every 24 months for prescription glasses (frames and lenses

only) per family member.

$75.00 maximum reimbursement every 24 calendar months for eye examinations

per family member

WEEKLY INDEMNITY:

Coverage (employees pay 50% of premium) of 60% average weekly wages after

1st day of hospitalization/accident or 4

th day sickness/illness, to a maximum

period of 17 weeks

DEFINED CONTRIBUTION PENSION PLAN:

As soon as practical, participation in the Cold Springs/Thames Valley Group RRSP will

cease. Effective as soon as practical, full-time employees are required to participate in the

Company defined contribution pension plan following the completion of 1 year full-time

service. Employee contributions of 1.5% of regular earnings plus over-time earnings will

be matched by the Company. Employees are still eligible to participate in the Company

Group RRSP. However contributions in the Company Group RRSP are not matched by

the Company.

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SCHEDULE “C”

LETTERS OF UNDERSTANDING #1

Apprenticeship Program

Between

The COMPANY and the UNION

Purpose:

Provide excellent training opportunities to existing employees, and help ensure an

ongoing supply of Stationary Engineers to support our operations.

Scope:

Applies to all Stationary Engineers currently operating at Maple Leaf Foods –

Thamesford site.

The first round of apprenticeship opportunities will be offered as a training opportunity

on a one time basis to employees currently working within the Stationary Engineer

department. Headcount in these departments will not increase as a result of this offer for

training.

Should the Company require additional staff or replacement staff and an apprenticeship

opportunity is feasible, the job will be posted and awarded according to Article 10 of our

current Collective Agreement.

Apprenticeship Committee:

An Apprenticeship Committee will be established with management representatives with

direct or indirect responsibility for Stationary Engineers, and a Human Resources

representative.

The Committee’s responsibilities would include, but not be limited to:

Ensure all parameters of apprenticeship agreements are in place before an

apprenticeship begins, including record keeping requirements, reporting structure,

wage increases, and exit conditions

Evaluating apprentices semi-annually for performance (completion of booklet),

behaviour, attitude at work, etc.

Make recommendations on whether to continue or discontinue an apprenticeship

Ensure educational leaves are approved for apprentices to attend in-class training to

complete their apprenticeship requirements

Wages:

At the start of an apprenticeship, the Apprenticeship Committee will confirm the number

of stages of the specific apprenticeship, and assign a percentage of the applicable rate of

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pay per Schedule A. In addition to the annual increases noted in the current Collective

Agreement, the apprentice will earn rate increases for the following: moving to the next

stage of their apprenticeship; completing probation; and, completing 12 months post-

probation.

This program will be administered in compliance with relevant legislation, i.e.

Apprenticeship and Certification Act, 1998.

SIGNED AT ____________________, Ontario, this _____day of __________, 2013

FOR THE COMPANY FOR THE UNION

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________