COLLECTIVE AGREEMENT BETWEEN: SNOLAB INSTITUTE (hereinafter … and... · 2017-04-06 · COLLECTIVE...

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COLLECTIVE AGREEMENT BETWEEN: SNOLAB INSTITUTE (hereinafter "the Institute") -and- UNITED STEELWORKERS (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union) (hereinafter "the Union") EXPIRY: 30 April 2015

Transcript of COLLECTIVE AGREEMENT BETWEEN: SNOLAB INSTITUTE (hereinafter … and... · 2017-04-06 · COLLECTIVE...

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COLLECTIVE AGREEMENT

BETWEEN:

SNOLAB INSTITUTE (hereinafter "the Institute")

-and-

UNITED STEELWORKERS (United Steel, Paper and Forestry, Rubber, Manufacturing,

Energy, Allied Industrial and Service Workers International Union)

(hereinafter "the Union")

EXPIRY: 30 April 2015

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TABLE OF CONTENTS

ARTICLE 1 - PURPOSE ........................................................................................................ 3

ARTICLE 2- RECOGNITION AND SCOPE ........................................................................... 3 2.01 Bargaining Unit Description ............................................................................... 3 2.02 Definitions .......................................................................................................... 3 2.03 Contracting Out. ................................................................................................. 4

ARTICLE 3- NO DISCRIMINATION ....................................................................................... 4 3.01 No Discrimination - Human Rights Code ........................................................... 4 3.02 No Discrimination- Union Activity ...................................................................... 4 3.03 Union Activity on Site ......................................................................................... 4

ARTICLE 4 - MANAGEMENT RIGHTS ................................................................................... 5

ARTICLE 5- NO STRIKES OR LOCKOUTS .......................................................................... 5

ARTICLE 6 - UNION SECURITY ............................................................................................ 5 6.07 Humanity Fund .................................................................................................. 6

ARTICLE 7- UNION REPRESENTATION ............................................................................. 6 7.01 Stewards ............................................................................................................ 6 7.02 Notification of Steward Names .......................................................................... 7 7.03 Steward Duties .................................................................................................. 7 7.04 Negotiating Committee ...................................................................................... 7 7.05 Occupational Health and Safety Committee ...................................................... 7 7.06 Access to Premises ........................................................................................... 8

ARTICLE 8- GRIEVANCE PROCEDURE .............................................................................. 8 8.01 Grievance .......................................................................................................... 8 8.02 Grievance Steps ................................................................................................ 9 8.03 Policy Grievance ................................................................................................ 9 8.04 Group Grievance ............................................................................................. 10 8.05 Referral to Arbitration ....................................................................................... 10 8.06 Time Limits ...................................................................................................... 10 8.07 Discharge Grievance ....................................................................................... 10 8.09 Access to Personnel Files ............................................................................... 11

ARTICLE 9 -ARBITRATION ................................................................................................. 11 9.01 Referral to Arbitration ....................................................................................... 11 9.08 Single Arbitrator ............................................................................................... 12

ARTICLE 10- SENIORITY ................................................................................................... 12 10.01 Seniority Definition ........................................................................................... 12 10.02 Seniority List .................................................................................................... 12 10.03 Probationary Period ......................................................................................... 12 10.04 Use of Seniority ............................................................................................... 13 10.05 Deemed Termination ....................................................................................... 13

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10.06 Seniority Accumulation .................................................................................... 14 10.07 Promotion Outside Bargaining Unit.. ................................................................ 14

ARTICLE 11- JOB VACANCIES ......................................................................................... 14 11.01 Job Posting ...................................................................................................... 14 11.02 Selection Criteria ............................................................................................. 14 11.03 Posting of Successful Applicant.. ..................................................................... 14 11.04 Reasons to Unsuccessful Applicants ............................................................... 15 11.05 Trial Period ...................................................................................................... 15

ARTICLE 12- LAY-OFF AND RECALL ............................................................................... 15 12.01 Definition of Lay-off .......................................................................................... 15 12.02 Lay-off Selection Criteria ................................................................................. 15 12.03 Notice of Layoff ................................................................................................ 15 12.04 Recall .............................................................................................................. 15

ARTICLE 13- LEAVES OF ABSENCE ................................................................................. 16 13.01 Personal Leave ................................................................................................ 16 13.02 Bereavement Leave ......................................................................................... 16 13.03 Jury and Witness Duty ..................................................................................... 17 13.04 Pregnancy and Parental Leave ....................................................................... 17 13.05 Union Business Leave ..................................................................................... 18 13.06 Canadian Citizenship Leave ............................................................................ 19

ARTICLE 14- HOURS OF WORK, OVERTIME, TIME CREDIT BANK ................................ 19 14.01 Hours of Work .................................................................................................. 19 14.02 No Pyramiding ................................................................................................. 20 14.03 Time Credit Bank ............................................................................................. 20

ARTICLE 15- DESIGNATED HOLIDAYS ............................................................................ 21 15.01 List of Designated Holidays ............................................................................. 21 15.02 Holiday Off with Pay ........................................................................................ 21 15.03 Holiday During Vacation .................................................................................. 21 15.04 Work on a Holiday ........................................................................................... 21

ARTICLE 16- VACATION .................................................................................................... 22 16.04 Vacation Carryover .......................................................................................... 22 16.05 Vacation Pay on Termination ........................................................................... 22 16.06 Vacation Service Accumulation ....................................................................... 22

ARTICLE 17- HEALTH AND WELFARE BENEFITS ........................................................... 23 17.04 Layoffs ............................................................................................................. 23 17.05 Sick Credit Accumulation Bank ........................................................................ 23 17.06 Medical Certification of Absence ..................................................................... 24 17.07 Medical and Dental Appointments ................................................................... 24

ARTICLE 18 -WAGES AND ALLOWANCES ...................................................................... 24 18.01 Wage Schedule ............................................................................................... 24 18.02 New Classification ........................................................................................... 24 18.03 Temporary Transfers ....................................................................................... 25

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18.04 Report Pay ....................................................................................................... 25 18.05 Call-in .............................................................................................................. 25 18.06 Protective Clothing and Clothing Allowances .................................................. 25 18.07 Continuing Education ....................................................................................... 28 18.08 Premiums ........................................................................................................ 28

ARTICLE 19 - MISCELLANEOUS ........................................................................................ 26 19.01 Gender and Case ............................................................................................ 26 19.02 Bulletin Board .................................................................................................. 26 19.03 Availability of Collective Agreement.. ............................................................... 26 19.04 Labour/Management Committee ..................................................................... 27

ARTICLE 20 - DURATION .................................................................................................... 27

SCHEDULE 'A' -WAGE SCHEDULE ................................................................................... 28

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ARTICLE 1 - PURPOSE

1.01 The general purpose of this Agreement is to secure the full benefits of orderly collective bargaining, an amicable method of settling any difference that may arise from the collective agreement between the parties and to set forth the conditions of employment to be observed by the Institute and the Union.

The Parties recognize that the Institute exists to enable scientists from around the world to carry out a programme of experimental investigations into fundamental properties of nature, in an ultra-low radiation laboratory. The nature of the Institute's work thus involves close collaboration with visiting scientists, students and technical staff, and frequently changing processes and procedures.

ARTICLE 2 - RECOGNITION AND SCOPE

2.01 Bargaining Unit Description

The Institute recognizes the Union as the exclusive collective bargaining agent for all employees of the Sudbury Neutrino Observatory Institute in the City of greater Sudbury save and except academic faculty, post-doctoral fellows, research assistants/associates, graduate students, students employed on a work term or internship as part of an education program at a university, college, or school, professional engineers within the meaning of the Labour Relations Act, safety auditor, safety supervisor, geo-technical advisor, supervisors and those above the rank of supervisor, office and clerical staff, students employed during the school vacation period, and not more than one technician employed for not more than 96 hours per four week period.

Clarity Note: The parties agree that a visiting or seconded technician or researcher from a participating or member institution who is assigned to work at the Sudbury Neutrino Observatory Institute site by a participating scientist for the sole purpose of assisting that scientist with the scientist's particular research responsibilities is excluded from the bargaining unit.

2.02 Definitions

(a) A "full-time" employee is a permanent member of the bargaining unit who is regularly scheduled to work an average of more than 48 hours per bi-weekly pay period.

(b) A "part-time" employee is a permanent member of the bargaining unit who is regularly scheduled to work an average of 48 hours or less per bi-weekly pay period.

(c) A "temporary" employee is a member of the bargaining unit hired:

(i) to replace an employee who will be on approved leave of absence, absence due to workplace disability, long-term disability; or,

(ii) to perform part of a specific project, or a special non-recurring task for a 3

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period not to exceed six months. This period may be extended by agreement between the Parties, which agreement shall not be unreasonably withheld.

A temporary employee shall have no seniority rights while a temporary employee. The release or discharge of a temporary employee shall be at the sole discretion of the Institute, and shall not be the subject of a grievance or arbitration.

(d) "Bi-weekly pay period" shall mean a period of fourteen consecutive calendar days commencing at midnight Saturday.

2.03 Contracting Out

No permanent employee in the bargaining unit as of 1 May 2012 shall be laid off during the term of this collective agreement as a result of the Institute contracting out work that is presently and normally performed by members of the bargaining unit. Visiting or seconded persons working at the Institute site as part of experiments being performed by researchers from a participating or member institution shall not be considered contracting out.

ARTICLE 3 - NO DISCRIMINATION

3.01 No Discrimination- Human Rights Code

The Institute and Union agree to observe the provisions of the Ontario Human Rights Code and the Canadian Bill of Rights. The Institute and the Union agree that there will be no discrimination by either of them, their employees, or members against any employee because of race, creed, colour, age as defined in the Ontario Human Rights Code, sex, nationality, ancestry, place of origin, sexual orientation, physical handicap, marital or family status.

3.02 No Discrimination- Union Activity

The Institute and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised by either of them or by any of their representatives or members because of any employee's membership or non­membership in the Union or because of the employee's activity or lack of activity in the Union.

3.03 Union Activity on Site

The Union agrees that, except as provided for in this Agreement, there will be no Union activity on the premises of the Institute during the employees' working hours except by agreement with the Institute.

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ARTICLE 4 - MANAGEMENT RIGHTS

4.01 The Union acknowledges that it is the exclusive right and function of the Institute to generally manage its operations in all respects and in accordance with its inherent and statutory rights and obligations, except as expressly modified or restricted by a specific provision of this Agreement and, without restricting the generality of the foregoing:

(a) to hire employees, determine the qualifications necessary for the work; assign and direct the work; to promote, demote, transfer, lay off, recall to work, and retire employees, to set the standards of productivity and performance, the services to be rendered; to determine the number of employees to be employed;

(b) to reprimand, suspend, discharge, or otherwise discipline employees for just cause, provided that a claim by an employee who has completed the probationary period that the employee has been discharged without just cause may be the subject of a grievance as hereinafter provided;

(c) to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time; to establish and change the number of hours and shifts to be worked; to determine all other work scheduling matters; to close down, or relocate the Institute's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of facilities, equipment, and other property of the Institute;

(d) to introduce new or improved methods, tools, and machinery; to determine the number, location and operation of departments, divisions, and all other units of the Institute; to issue, amend and revise policies, rules, regulations, and practices.

4.02 The Institute shall not exercise any of its rights in a manner that is inconsistent with the provisions of this Agreement

ARTICLE 5 - NO STRIKES OR LOCKOUTS

5.01 The Institute agrees that it will not cause or direct any lockouts of employees and the Union and employees agree that they will not cause or direct any strikes of employees. The terms "strike" and "lockout" shall be defined in accordance with the definitions set out in the Labour Relations Act.

ARTICLE 6 - UNION SECURITY

6.01 The Institute shall deduct Union dues including, where applicable, initiation fees and assessments, on a monthly basis, from the wages of each employee covered by this agreement. The amount of dues shall be calculated in accordance with the Union's Constitution.

6.02 All dues, initiation fees and assessments shall be remitted to the Union no later than 5

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fifteen days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary-Treasurer of the United Steelworkers, P.O. Box 13083, Postal Station "A", Toronto, Ontario M5W 1V7 in such form as shall be directed by the Union to the Institute along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office designated by the Area Coordinator.

6.03 The monthly remittance shall be accompanied by a statement showing the name of each employee from whose pay deductions have been made and the total amount deducted for the month.

6.04 The Union shall indemnify and save the Institute harmless against all claims or other forms of liability that may arise out of any actions taken by the Institute in compliance with this article.

6.05 The Institute, when preparing T -4 Slips for the employees, will enter the amount of Union dues paid by the employee during the previous year.

6.06 On the date of hire the Institute shall introduce each new employee to the employee's Union Steward and the Local Union Chairperson.

6.07 Humanity Fund

The Institute agrees to deduct $0.01 per hour from the wages of all employees in the bargaining unit for all hours worked and, prior to the 151

h day of the month following, to pay the amount so deducted to the "Humanity Fund" and to forward such payment to United Steelworkers National Office, 234 Eglinton Avenue East, Toronto, Ontario M4P 1 K7, and to advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment has been made, the amount of such payment, and the names of all employees in the bargaining unit on whose behalf such payment has been made.

It is understood and agreed that participation by any employee in the bargaining unit in the program of deductions set forth above may be discontinued by any employee in the bargaining unit after the receipt by the Institute and the Local Union of that employee's written statement of the employee's desire to discontinue such deductions from the employee's pay which may be received during the four weeks following ratification of this Agreement or at any time thereafter.

ARTICLE 7 - UNION REPRESENTATION

7.01 Stewards

The Institute acknowledges the right of the Union to appoint or otherwise select Union Stewards for the purpose of representing employees in the handling of complaints and grievances. There shall be one steward for the surface and two stewards for underground. It is understood that only one steward at a time shall be representing the union where required in this agreement.

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7.02 Notification of Steward Names

The Institute shall be notified by the Union of the names of the Union Stewards and the areas they are representing and any changes made thereto.

7.03 Steward Duties

The parties agree that Stewards have their regular duties and responsibilities to perform for the Institute and shall not leave their regular duties without first obtaining permission from their immediate supervisor or designate. Such time away from regular duties shall be used only for the prompt handling of grievances arising from the administration of this Collective Agreement and shall be without loss of pay. Subject to the operational requirements of the Institute, the amount of such time shall not be unreasonable, and permission to take time shall not be unreasonably withheld.

7.04 Negotiating Committee

(a) The Institute agrees to recognize and deal with a Negotiating Committee of not more than two employees, including the Unit Chairperson, who have completed the probationary period, along with representatives of the International Union, for the purpose of negotiating a renewal of this Collective Agreement.

(b) The Negotiating Committee is a separate entity from other committees and will deal only with such matters as are properly the subject matter of negotiations, including proposals for the renewal or modification of this Agreement.

(c) Members of the Negotiating Committee shall not lose their regular straight time earnings for attending at negotiation meetings with the Institute during their regularly scheduled working hours up to the time that an application for conciliation is made.

7.05 Occupational Health and Safety Committee

(a) The Institute shall recognize, as members of its Occupational Health & Safety Committee, two representatives selected or appointed by the Union from amongst bargaining unit employees.

(b) The general duties of the Occupational Safety and Health Committee shall be:

(i) To make a monthly inspection of the plant for the purpose of determining hazardous conditions, to check unsafe practices, and to receive complaints and recommendations with respect to these matters;

(ii) To investigate promptly all serious accidents and any unsafe conditions or practices that may be reported to it;

(iii) To hold regular meetings at least monthly for the discussion of current accidents, their causes, suggested means of preventing their recurrence, and reports of investigations and inspections;

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(iv) To keep records of all investigations, inspections, complaints, recommendations, together with minutes of meetings. The minutes shall indicate what action has been taken with respect to suggestions or recommendations previously made, and if no action has been taken, the reasons shall be given.

(v) Accident, injury and occupational illness records shall be kept by the Institute, and shall be made available to the Joint Occupational Safety and Health Committee. These records shall include all reports required by the Ministry of Labour under the Occupational Health and Safety Act. The Institute shall make available to the Committee upon request, the trade name and or technical description, (including chemical analysis, if available) of any compounds and substances used in the premises as required by the appropriate statutes.

(c) An employee may refuse to work or do particular work in accordance with the Occupational Health and Safety Act.

(d) An employee, injured in the performance of the employee's duties shall to the extent required, stop work and receive treatment. In addition, to the extent that the employee cannot complete the work shift, the employee shall be paid for wages the remainder of the shift. If it is necessary, the Institute will provide, or arrange for, suitable transportation for the employee to the doctor or hospital and back to the plant and/or to the employee's home as necessary.

(e) An employee who has returned to work from an absence due to a work-related injury compensable by Workplace Insurance benefits shall be entitled to reasonable absences from scheduled work hours for the purpose of follow-up treatment without loss of regular straight time earnings for partial-shift absences not covered by the Act.

7.06 Access to Premises

An authorized staff representative of the Union who wants to speak to a Local Union Representative about a grievance or other official business arising from the administration of the Collective Agreement shall make prior arrangements with the SNOLAB Director or designate or Manager designated by the SNOLAB Director or designate. The SNOLAB Director or designate shall then call the Local Union Representative to an appropriate place where the staff representative and the Local representative may confer privately, provided prior arrangements are made with the Institute, the attendance does not interfere with the Institute's operations, and such visit is subject to the policies and procedures of the property owner.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 Grievance

It is the mutual desire of the parties hereto that any complaint between an employee or the Union and the Institute with respect to the application, interpretation, or alleged violation of this Agreement shall be raised and adjusted as quickly as possible. A

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grievance or complaint is defined as a matter arising from the administration of this Collective Agreement.

8.02 Grievance Steps

Complaint Stage

It is generally understood that an employee has no complaint or grievance until the employee has first given the employee's supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with the supervisor within seven calendar days after the circumstances giving rise to it have occurred. The Supervisor shall give the employee an answer within seven calendar days of the discussion. If the answer is not satisfactory, it shall be taken up as a grievance in the following manner and sequence:

Step One

If the decision of the supervisor is not satisfactory to the employee and the employee wishes to pursue it, the employee and/or the employee's steward shall submit the grievance in writing to the SNOLAB Director or designate within seven calendar days of the answer being given or when it should have been given. The grievance, signed by the grievor, shall identify the nature of the grievance, the provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. The grievor and the grievor's steward shall meet with the Manager designated by the SNOLAB Director or designate within seven calendar days of the submission of the grievance. The Manager designated by the SNOLAB Director or designate will deliver a decision in writing within seven calendar days of the day on which the meeting was held. Failing settlement, then:

Step Two

If the response at Step One is not satisfactory to the grievor, the grievance shall be submitted to the SNOLAB Director or designate within seven calendar days of the answer being given in Step One, or when it should have been given. The grievor and the grievor's steward, who may also be accompanied by a Union staff representative or the President of Local 2020, shall meet with the SNOLAB Director or designate and appropriate management personnel within seven calendar days of the submission of the grievance. The direct supervisor involved may attend if requested and if appropriate, in the opinion of the SNOLAB Director. The SNOLAB Director or designate shall provide the Union with a written answer to the grievance within seven calendar days of the meeting.

8.03 Policy Grievance

A grievance arising directly between the Institute and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated at Step Two within fourteen calendar days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an individual employee which such employee could have instituted and the regular grievance procedure shall not be

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thereby bypassed. A direct difference grievance by the Institute shall be presented to the Local Union Chairperson.

8.04 Group Grievance

Where two or more employees have a grievance arising from the same circumstances and alleged violation of the Collective Agreement, such grievance may be handled as a group grievance and presented to the Institute beginning at Step One of the Grievance Procedure.

8.05 Referral to Arbitration

If final settlement of a grievance is not reached at Step Two, then the grievance must be referred to arbitration in writing by the initiating party as provided in Article 9 below, at any time within 21 calendar days after the answer is given, or should have been given, at Step Two.

8.06 Time Limits

(a) The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned, notwithstanding s. 48 (16) Labour Relations Act.

(b) If the time allowance, or any extension thereof, is not observed by the party who it has alleged has violated the Agreement, the grievance may be advanced by the Party instituting the grievance to the next step of this procedure including Arbitration.

8.07 Discharge Grievance

(a) Filing Grievance

The termination of a probationary employee shall not be the subject of a grievance or arbitration and shall be at the sole discretion of the Institute. A claim by an employee who has completed the probationary period that the employee has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the SNOLAB Director or designate at Step Two within seven calendar days following the date on which notice of the discharge was issued.

(b) Access to Steward

An employee at the work site who is discharged or suspended without notice shall have the right to meet with a Steward for a reasonable period of time before leaving the Institute premises. The unavailability of a Steward shall not require the Institute to call one in, nor to pay overtime or any other premium to obtain the presence of a Steward, nor shall the absence of a Steward, in itself, void any action. A copy of any suspension or discharge letter shall be provided to the United Steelworkers.

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8.08 All warnings, suspensions, and disciplinary notations shall be removed from an employee's personnel file after 18 months from the date of the warning, provided the employee has been discipline free for that period. An employee may not claim that he has been discipline-free for any more than that period if such is not the case.

8.09 Access to Personnel Files

Upon written request and with mutually agreeable arrangements, an employee shall have reasonable access to the employee's personnel files in the presence of the employee's supervisor or designate for the purpose of reviewing any performance appraisals or formal discipline contained therein. An employee shall have the right to respond to any document contained in the personnel files and such response shall form part of the employee's permanent record. However, such reply shall not have the effect of diminishing any disciplinary action taken. An employee shall have the right to obtain copies of any such material in the files.

ARTICLE 9 - ARBITRATION

9.01 Referral to Arbitration

After the grievance procedure established in this Agreement has been exhausted, either Party may refer the matter to Arbitration by submitting a notice of intent to arbitrate to the other Party, which shall contain the name of the aggrieved Party's nominee to the Arbitration Board and shall be submitted within 21 calendar days of the answer at Step 2 of the grievance procedure. Within seven calendar days from the receipt of the notice to intent to arbitrate, the other Party must in turn name their appointee. The third member to act as Chairperson shall be appointed by the respective appointees. Should either Party fail to name their appointee within the seven calendar days or should the appointee fail to select a Chairperson within 21 calendar days from the day of their appointment, either party or their appointee shall request the Minister of Labour to make the appropriate appointment.

9.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

9.03 No matter may be submitted to arbitration that has not been properly carried though all requisite steps of the grievance procedure.

9.04 The Board of Arbitration shall not have the right to alter or change any provision of this Agreement or substitute any new provisions in lieu thereof or give a decision inconsistent with the terms or provisions of this Agreement. However, a Board of Arbitration has the power to set aside or vary in a manner that is just and equitable any discharge imposed.

9.05 The Parties hereto shall expedite the proceedings of the Arbitration Board. The decision of the majority or, where there is no majority, the decision of the chairperson, will be final and binding upon the parties hereto and the employee(s) concerned.

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Arbitration Board, and will share equally the fees and disbursements of the Chairperson.

9.07 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned, notwithstanding s. 48(16) Labour Relations Act.

9.08 Single Arbitrator

Notwithstanding Article 9.01, upon mutual agreement between the Institute and the United Steelworkers, after the grievance procedure has been exhausted, either party shall refer the matter to a sole arbitrator by submitting its notice of intent to arbitrate, including the name of the suggested arbitrator. Within seven calendar days the other party shall respond as to whether it is agreeable or not to the matter being heard by a single arbitrator and, if so, its agreement or disagreement with the suggested arbitrator. Failing agreement on the arbitrator within 21 calendar days or such other time as agreed by the parties, clause 9.01 shall be followed. The single arbitrator shall be bound by all clauses of Article 9 in the same manner as a Board of Arbitration with the necessary changes being made.

ARTICLE 10 - SENIORITY

10.01 Seniority Definition

Seniority means total length of continuous employment in the direct employ of the Institute, as adjusted herein, and shall be on an Institute-wide basis. It is used in decisions as specifically provided for in this agreement.

10.02 Seniority List

A copy of the current seniority shall be posted on the bulletin board and a copy shall be mailed to the Sudbury Area Office of the Union in January of each year. The list shall contain the employee's name, seniority date, classification, rate of pay, and the latest address on file with the Institute.

10.03 Probationary Period

Newly-hired employees shall be considered to be on probation for a period of six months from date of last hire, and the employee's name shall not appear on the seniority list. Where an employee is absent from scheduled work during the probationary period, the period shall be extended by the number of scheduled work days that the employee was absent. If retained after the probationary period, the employee shall be credited with seniority back to the employee's date of last hire, and the employee's name shall be added to the seniority list. The termination of an employee during his probationary period shall not be the subject of a grievance or arbitration.

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10.04 Use of Seniority

(a) The Parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in all cases of vacancy, promotion, non-disciplinary demotion, transfer, layoff, and recall after layoff, or termination, senior employees shall be entitled to preference, as set out in this Agreement.

(b) In recognition, however, of the responsibility of Management for the operation of its facility, it is understood and agreed that in all cases referred to in Section 10.04(a), Management shall have the right to pass over any employee if it is established that the employee does not have the requisite skill, ability, experience, and qualifications to perform the work available within a reasonable trial period, as set out in this Agreement.

10.05 Deemed Termination

Seniority shall be lost and the employee shall be deemed to be terminated under the following circumstances:

(a) if the employee voluntarily resigns;

(b) if the employee is discharged for just cause and is not reinstated in accordance with the provisions of this Agreement;

(c) if the employee is laid off and fails to return for work within seven calendar days after the employee has been notified to do so by the Institute by registered mail at the employee's last address known to the Institute (a copy of which notice shall be sent to the Union), unless the employee is unable to return to work due to sickness or accident. In this circumstance, the employee shall notify the Institute within the seven-day period and shall provide a doctor's certificate satisfactory to the Institute;

(d) if the employee has been absent due to layoff for a period of 12 months if the employee's seniority is three years or less, and 24 months if the employee's seniority is more than three years;

(e) if the employee is absent without permission for three consecutive working days, without notifying the Institute and providing a reasonable excuse that is satisfactory to the Institute;

(f) if the employee is absent due to illness or disability, for a period of 24 months. An employee shall not be terminated under this clause where the circumstances conflict with the provisions of the Human Rights Code or the Workers' Compensation Act.

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10.06 Seniority Accumulation

Seniority shall continue to accumulate during the period of employment, except:

(a) during a permanent lay-off of more than 13 weeks, when seniority shall be maintained at the level immediately preceding the lay-off; or,

(b) during any other absence without pay from the Institute which exceeds thirty consecutive calendar days, when seniority shall not accumulate for the period in excess of the thirty consecutive calendar days. This shall not apply in the circumstance of pregnancy/parental leave, or any absence due to a work­related injury.

10.07 Promotion Outside Bargaining Unit

Employees permanently promoted to positions outside the bargaining unit shall continue to accumulate seniority for a period of six months following such transfer. Should such employees return to the bargaining unit during the six months period, they shall be returned to the position held by such employee immediately prior to such transfer. This provision shall apply only once to an employee.

ARTICLE 11 -JOB VACANCIES

11.01 Job Posting

Where a permanent vacancy occurs in a position in the bargaining unit, or the Institute creates a new job which falls within the bargaining unit, such vacancy shall be posted on the bulletin board for a period of 14 calendar days prior to filling the job vacancy. Employees desiring consideration for the posted position shall signify this desire by applying in writing during the period in which it is posted.

11 . 02 Selection Criteria

Applicants shall be selected for positions under 11.01 by considering the applicants on the basis of their skill, ability, experience, and qualifications to perform the job. Where, in the judgment of the Institute, two or more qualified individuals among the applicants are relatively equal in the factors listed, then seniority shall govern.

11.03 Posting of Successful Applicant

The Institute shall make a decision on whether to award the job to the successful applicant within 14 calendar days of the completion of the selection process. The name of the successful applicant, if any, shall be posted on the bulletin board.

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11.04 Reasons to Unsuccessful Applicants

An unsuccessful applicant to a job posting who makes a request shall be advised in writing of the reasons for not being successful.

11.05 Trial Period

A successful applicant shall be given a trial period of not less than ten working days. Where, in the judgment of the Institute or the employee, the successful applicant cannot perform the requirements of the job during the trial period, the employee shall be returned to the employee's former position. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to that employee's former position. Conditional on performing the job to the satisfaction of the Institute, the employee shall be declared permanent after the trial period.

11.06 Jobs shall not be considered vacant when employees are not at work because of sickness, accident or authorized leave of absence. However, if it is known that an employee is to be absent from work because of sickness, accident, or on leave of absence for more than 90 calendar days and the Institute decides to backfill the position, the job shall be posted as a temporary job and the provisions of Article 11.01 shall apply. Upon completion of the temporary assignment the appointed employee shall return to the employee's former job.

ARTICLE 12 - LAY -OFF AND RECALL

12.01 Definition of Lay-off

A permanent lay-off is defined as occurring when the Institute decides to permanently reduce its bargaining unit complement as defined in the Employment Standards Act.

12.02 Lay-off Selection Criteria

Employees shall be selected for lay-off by considering employees on the basis of their skill, ability, experience, and qualifications to perform the available work. Where, in the judgment of the Institute, these factors are relatively equal amongst the employees considered, seniority shall govern.

12.03 Notice of Layoff

The Institute shall provide such written notice of layoff to the Union and to employees as is required by the Employment Standards Act.

12.04 Recall

(a) Employees who have been laid off shall retain the right to be recalled in accordance with Article 10.05 (d).

(b) Employees with recall rights shall be selected for recall by considering them on the basis of their skill, ability, experience, and qualifications to perform the work available. Where, in the judgment of the Institute, these factors are relatively

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equal amongst the employees considered, seniority shall govern.

ARTICLE 13 - LEAVES OF ABSENCE

13.01 Personal Leave

(a) Requests for a personal leave of absence are to be submitted to the employee's supervisor in writing and will be considered on an individual basis. Such requests are to be submitted as far in advance as possible and a written reply will be given within fourteen calendar days. In cases of emergency, a reply will be given as soon as possible. Such requests shall not be unreasonably refused.

(b) The Unit Chairperson of the Union will be notified of all leaves granted under this Section.

13.02 Bereavement Leave

(a) An employee who notifies the Institute as soon as possible following a death in the employee's immediate family shall be granted five consecutive calendar days off work without loss of regular pay from the employee's regularly scheduled hours in order that the employee may make the arrangements for and/or attend the funeral of a member of the employee's immediate family. Immediate family is deemed to mean spouse, child (including step-child), parent, sibling, sibling's spouse, spouse's parent, grandparents or grandchildren, child's spouse, spouse's sibling;

(b) Travel

In the event that an employee is required to attend a funeral at a distance of more than 300 km, the employee shall be entitled to an additional day for travel;

(c) "Spouse" for the purposes of this Article shall mean spouse as defined in the Family Law Act.

(d) Should a death occur in the winter and interment is postponed, an employee may defer one day of the bereavement leave to the date of the actual interment.

(e) On request in special individual circumstances, the SNOLAB Director may, in the Director's sole and unfettered discretion, grant bereavement leave with or without pay that is greater than set out in the above provisions and in a different manner than provided.

(f) If during a period of leave with pay from SNOLAB, an employee would have become eligible for bereavement leave, the employee shall revert to bereavement leave and unused non-bereavement leave credits, if any, shall be restored to the employee.

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13.03 Jury and Witness Duty

If an employee is required to serve as a juror in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, the employee shall not suffer any loss of the employee's earnings because of such attendance during the employee's regularly scheduled working hours provided that the employee:

(a) notifies the Institute immediately on the employee's notification that the employee will be required to attend court;

(b) presents proof of service requiring the employee's attendance;

(c) deposits with the Institute the full amount of compensation received excluding mileage, travelling and meal allowances and an official receipt where available.

Any employee called for jury or witness duty shall be transferred to day shift during the period the employee is required to serve. Where the employee's attendance is not required for the whole day, the employee shall return to work immediately upon her release from duty.

13.04 Pregnancy and Parental Leave

Employees are entitled to receive pregnancy, paternal or adoption leave in accordance with the provisions of the Employment Standards Act.

(a) The objective of the supplementary benefit plan is to supplement Employment Insurance benefits up to 95% of the employee's normal weekly earnings during pregnancy leave. Up to 17 weeks of pregnancy leave will be granted in accordance with the Employment Standards Act.

(b) This plan covers only temporary unemployment due to pregnancy. Employees do not have a right to SUB payments except for supplementation of E. I. benefits during the unemployment period as specified in the plan.

(c) An employee must apply for and be in receipt of Employment Insurance benefits before SUB can be paid. The employee must meet the requirements of the E. I. Act concerning the period during which pregnancy benefits can be paid.

(d) The leave may commence at any time during the 11 weeks preceding the estimated date of delivery.

(e) The employee shall make written application to the Institute at least two weeks prior to the date she intends to commence her leave. The application shall include a certificate from a legally qualified medical practitioner stating the estimated date of delivery.

(f) No employee shall be required to return to work earlier than six weeks following her actual date of delivery, nor shall she be permitted to do so unless she has the approval of a legally qualified medical practitioner.

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(g) The employee shall be reinstated in her former position provided the leave taken is not longer than the leave provided by the Act and subject to her former position still being available.

(h) The employee shall continue to accumulate vacation credits and seniority during her leave.

(i) During the period of pregnancy leave the Employer shall continue to pay the employer's share of the premium billing for the health and welfare benefits in which the employee is registered at the time of the leave, provided the employee pays her share of the premiums, if any.

U) Benefits payable under the plan are a sum, which combined with gross E.l. benefits, SUB payments and other earnings equal 95% of the employee's normal weekly earnings.

(k) Payments from the SUB plan are not considered as earnings for Employment Insurance, but are subject to income tax.

(I) The employee must provide the Employer with proof that the employee is or is not receiving E.l. benefits before SUB can be paid.

(m) The employer will inform the Canada Employment and Immigration Commission of any changes in the plan within 30 days of the effective date of the change.

(n) An employee on pregnancy leave will also be eligible for SUB payments when she is not receiving Employment Insurance because she is serving the E.l. waiting period or because she has received all the E. I. benefits payable to her.

13.05 Union Business Leave

(a) Provided that one week written notice is given by the Union, the Institute agrees to grant leaves of absence without pay to employees selected by the Union to attend Union Conventions or Conferences, or other Union business arising from the administration of this Agreement. Such leaves shall be granted for a maximum of two employees for up to five consecutive working days at a time, provided such leave does not unduly interfere with the efficient operations of the Institute, and that such leave does not exceed 25 accumulative person-days per year for the bargaining unit. Leave of two shifts or less for Union business for up to two employees at the same time shall be considered on a shorter notice where one week's written notice could not have been given.

(b) Subject to the operational requirements and the ability to grant leave, the Institute agrees to continue the wages and benefits of any employee absent from work on Union business which is not paid for by the Institute as provided for elsewhere in the Agreement, and the Union shall reimburse the Institute for the cost of such wages and benefits upon being invoiced. Such leave of absence shall be authorized in writing by the United Steelworkers.

(c) The Institute agrees to grant an employee leave of absence without pay for up 18

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to one year to work in an official capacity for the United Steelworkers, provided such request is made by an authorized representative of the United Steelworkers. During such leave, the employee shall be considered employed by the United Steelworkers.

13.06 Canadian Citizenship Leave

The Institute agrees to allow leave of absence without loss of pay for up to eight hours to employees who wish to become a Canadian Citizen. Such time off work shall be paid after verification is received by the Institute that such person did apply and received a Canadian Citizenship.

ARTICLE 14- HOURS OF WORK, OVERTIME, TIME CREDIT BANK

14.01 Hours of Work

The following provisions are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Because of the nature of the work involved in various experimental projects, and subject to the property owner's control over underground access and cage operation, actual start and stop times for employees in the bargaining unit will vary.

(a) Full-time hours

A full-time employee will normally be scheduled to work an average of up to 160 hours over a four-week period.

(b) Breaks

Employees shall receive lunch and relief periods on the following basis:

Under Jround Surface Lunch Relief Lunch Relief

Less than 9.5 30 min. paid 15 min. paid 30 min. unpaid 15 min. paid hours

9.5 -less than 30 min. paid 2 x 15 min. paid 30 min. unpaid 2 x 15 min. paid 11 hours

More than 11 2 x 30 min. paid 15 min. paid 2 x 30 min. 15 min paid hours unpaid

(c) Shift length

Employees may be scheduled up to 12 hours per shift.

(d) Posting schedules

Schedules will be posted at least two weeks in advance of when they are effective.

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(e) Maintaining hours

Due to the nature of the project, and the demands of the operations and the property owner's control over underground access and cage operation, employees' scheduled shifts may be cancelled; however, the Institute shall endeavour to maintain the average of 160 hours over a four-week period for full-time employees.

(f) Days off

The Institute shall schedule full-time employees to two consecutive days off work each bi-weekly pay period.

(g) Overtime

Where an employee is directed to work in excess of 80 hours per bi-weekly pay period, or a full-time employee is directed to work in excess of the employee's posted scheduled shift on a day, the employee shall be paid at the rate of time and one-half the employee's regular straight time hourly rate for each hour so worked. At the employee's election, such overtime may be added to the Time Credit Bank at the same rate. The scheduling of additional hours to maintain the 160 work hours in accordance with Article 14.01 (e) shall not be considered overtime, nor shall the re-arranging of scheduled work hours at the request or on the consent of an employee be considered overtime.

14.02 No Pyramiding

Overtime shall not be duplicated for the same hours worked, nor shall overtime be pyramided with any other premiums payable.

14.03 Time Credit Bank

(a) The Institute shall maintain a Time Credit Bank. Such bank time shall consist of time credited at the rate at the time at which it is accumulated:

(i) For overtime where an employee has elected to bank overtime under Article 14.02;

(ii) For extra hours worked where the employee has requested to work extra hours in order to have flexible time off, and the operations can accommodate both the excess time worked and the requested time off, subject to the approval of the employee's supervisor, the employee may accumulate time credit at the rate of 1 hour for each such hour worked.

(b) An employee may use banked time to receive time off without loss of regular earnings, subject to the operational requirements of the Institute and the prior approval of the employee's supervisor.

(c) An employee may not accumulate more than 80 hours of time credits and any excess shall be paid out to the employee.

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(d) Where an employee has time credits available, the employee may elect to take such credits to provide earnings during absences due to legitimate illness.

ARTICLE 15- DESIGNATED HOLIDAYS

15.01 List of Designated Holidays

There shall be 11 designated holidays as follows:

New Year's Day Easter Monday Canada Day Labour Day Christmas Day Remembrance Day (in lieu of Family Day)

Good Friday Victoria Day August Civic Holiday Thanksgiving Day Boxing Day

Should either the Provincial or Federal government declare another statutory holiday, the Parties shall meet to discuss which of the non-statutory days shall be replaced, if necessary.

15.02 Holiday Off with Pay

Subject to Article 15.03 below, a full-time employee shall be entitled to receive a designated holiday off with pay in the amount of eight hours at the employee's regular straight time earnings provided the employee works each of the scheduled working days immediately preceding and following the holiday, unless absent due to legitimate illness or compensable injury which commenced within seven calendar days of the holiday.

15.03 Holiday During Vacation

If a recognized holiday falls within or on an employee's vacation or regular day off and the employees does not work on the holiday, the employee will be paid an additional eight hours at the employee's equivalent rate.

15.04 Work on a Holiday

Where an employee is directed to work on a recognized holiday and does, the employee shall be paid one and one-half times the employee's regular straight time hourly rate for all hours so worked, and, in addition, provided the employee qualifies under Article 15.02, shall receive an additional day off with pay in the amount of eight hours at the employee's regular straight time hourly rate. At the employee's election, the employee may receive the eight hours' pay without the additional day off.

15.05 When an employee works on a recognized holiday which falls on an employee's regular work day, the hours worked (up to the employee's regularly scheduled hours for the day) will be considered as time worked for the calculation of bi-weekly overtime, subject to the no-pyramiding article.

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ARTICLE 16 - VACATION

16.01 The vacation year shall be 1 May to 30 April.

16.02 A permanent full-time employee who commences employment after 1 May in any year shall be credited with vacation in the amount of 10 hours for each full month between the employee's permanent hiring date and 30 April following, to be taken in that period.

16.03 (a) A permanent full-time employee who has more than one year of service on 1 May in any year shall be credited with vacation in the amount of 120 working hours to be taken in the 12 months following.

(b) A permanent full-time employee who has completed five years of service as at 1 May in any year will receive eight additional hours of vacation at the employee's normal salary to be taken in the 12 months following. In each subsequent 12-month period, the employee will receive eight additional hours to the vacation taken in the year prior during each continuous year of employment thereafter, up to a maximum 200 hours.

16.04 Vacation Carryover

(a) An employee will take the employee's vacation for each vacation year prior to 30 April of the following year, or any vacation in excess of the Employment Standards Act provisions will be forfeit.

(b) If any limitations are implemented by SNOLAB restricting vacations due to project needs which result in an employee being unable to take all their vacation in a year, the employee may apply to the Director to carry over vacation for up to a year or have the vacation excess paid out.

16.05 Vacation Pay on Termination

An employee who is terminated or who resigns during the vacation year shall be provided with vacation pay for any unused vacation prorated to the date of the termination. An employee who has taken in excess of the vacation prorated to the date of termination shall reimburse the unearned vacation by way of deduction from the employee's final paycheque. If an employee provides less than two weeks notice of resignation, or is terminated for just cause which is upheld, the employee shall receive vacation pay according to the Employment Standards Act.

16.06 Vacation Service Accumulation

During any absence without pay from the Institute in excess of thirty consecutive calendar days, credit for service for the purpose of vacation entitlement shall be suspended, the entitlement reduced on a pro-rata basis, and the employee's service anniversary date adjusted accordingly.

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ARTICLE 17- HEALTH AND WELFARE BENEFITS

17.01 The Institute's sole obligation for health and welfare benefits shall be to pay the percentage, as set out below, of the billed premium costs for all participating eligible full-time employees in the active employ of the Institute under the insurance plans set out below, subject to their respective terms and conditions, including any enrolment requirements, provided the employee pays the balance of the premium by payroll deduction:

(a) 50% of the billed premium for Group, Dependent and Accidental Death Life Insurance as determined by the plan in which the Institute participates;

(b) 100% of the billed premium for the Extended Health Care benefit as determined by the plan in which the Institute participates;

(c) 50% of the billed premium for the dental benefit as determined by the plan in which the Institute participates.

17.02 The Institute will continue to provide for employee participation in a fully-employee paid Long-Term Disability plan.

17.03 The Institute will continue to provide for employee participation in a money-purchase pension plan on the current voluntary basis.

17.04 (a) Permanent Lay-off

Where an employee has been permanently laid off, the Institute's subsidies for benefits shall continue only to the end of the billing period in the month in which the lay-off notice was given.

(b) Other Lay-offs, Pregnancy/Parental Leaves

In instances of other lay-offs or pregnancy/parental leaves, or is absent due to a workplace injury approved for compensation benefits under the Workplace Safety and Insurance Act, the Institute shall continue to pay the premium for benefit coverage of such employees for two monthly billing periods. An employee on such absence shall have the right to continue participating in such benefits for which the employee is eligible provided that the employee pays the full cost of such premiums.

(c) A permanent full-time employee who is absent due to a workplace injury approved for compensation benefits under the Workplace Safety and Insurance Act shall have that benefit topped up to the employee's net salary to the end of the month following the month in which the injury occurred, on the basis of 40 hours per week.

17.05 Sick Credit Accumulation Bank

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scheduled hours due to legitimate illness. There shall be a Sick Credit Accumulation Bank for each full-time employee in the active employ of the Institute. Such employees shall accumulate sick credits at the rate of 12 hours per completed month of active full-time work to a maximum of 480 hours.

(b) Where a full-time employee is absent from work due to legitimate illness, the employee shall not lose regular straight time earnings from the employee's regularly scheduled hours but shall draw from the employee's Sick Credit Accumulation Bank to the extent of the employee's credits in the Bank.

(c) An employee shall be required to submit a physician's certificate with respect to any period of time that the employee is absent due to illness for more than three days. It is understood that the Institute may require doctor's certificates from employees to cover any absence due to illness, where the frequency, circumstances, and pattern of the absences so warrant.

(d) There shall be no cash out of the sick credit accumulation bank.

17.06 Medical Certification of Absence

Where the Institute requires an employee to provide doctor's certification with respect to an absence due to illness or injury, or a return to work from such an absence, it shall advise the employee of that requirement. The Institute shall reimburse the employee the cost for certification satisfactory to the Institute up to $30.

17.07 Medical and Dental Appointments

Employees shall make every effort to make medical and dental appointments outside of normal working hours. Where an employee cannot do so, the employee shall be allowed up to 16 hours leave without loss of regular straight time earnings for each year.

ARTICLE 18- WAGES AND ALLOWANCES

18.01 Wage Schedule

The Institute agrees to pay and the Union agrees to accept for the term of this Agreement, the wages as set out in the Wage Schedule "A" attached hereto and forming part of this Agreement. All employees shall be paid bi-weekly by direct deposit. Effective for employees hired after 1 May 2012, wages shall be paid bi-weekly, one pay period in arrears.

18.02 New Classification

If the Institute establishes a new classification in the bargaining unit, or makes substantial changes in the job content of an existing classification, the Institute shall advise the union of the new classification and the rate established. If requested, the Institute agrees to meet with the Union to discuss the wage rate. Where the Union does not agree with the rate established by the Institute, a grievance may be filed under Article 8.03 of the Grievance Procedure within seven calendar days of the

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meeting to discuss the rate. If the matter is not resolved in the Grievance Procedure, it may be referred to Arbitration pursuant to the procedure set out in this Collective Agreement, it being understood that any Arbitrator shall be limited to establishing a rate based on the relationship existing amongst the other classifications in the bargaining unit and the duties and responsibilities of the classification involved.

18.03 Temporary Transfers

An employee who is temporarily transferred to another job to meet the Institute's convenience in a classification which is lower than the employee's classification shall suffer no loss in pay during the temporary transfer. If such a transfer is to a job in a higher classification, the employee will be paid on the basis of the step in the higher classification that is closest to, but higher than, the employee's salary step in the lower classification during the temporary transfer.

18.04 Report Pay

An employee who reports for work on the employee's regular shift, without having been previously notified, will be given at least four hours work at the employee's regular straight time hourly rate of pay or, if no work is available, the employee will be paid the equivalent of four hours at the employee's regular straight time hourly rate of pay in lieu of work. This provision shall not apply when there is a lack of work due to a situation beyond the control of the Institute.

18.05 Call-in

An employee, who has completed the employee's regularly scheduled shift, left the property, and is called back to work outside the employee's regularly scheduled hours, shall be paid a minimum of four hours at 1 % times the employee's regular straight time hourly rate. This provision shall not apply when an employee is called to work immediately prior to the start, or immediately following the end of the employee's scheduled shift.

18.06 Protective Clothing and Clothing Allowances

(a) The Institute shall supply all clean-room protective clothing as it deems necessary and appropriate, including safety shoes and excluding prescription safety glasses and female undergarments.

(b) The Institute shall provide each employee with an annual allowance of $200 for the purpose of purchase of any non-clean-room protective clothing including safety shoes as determined to be necessary an appropriate by the Institute and the property owner.

(c) The Institute shall provide each employee who requires prescription safety glasses (lens and frames) an allowance of up to $120 once every two years.

(d) The Institute shall provide each female employee who regularly works in the clean room with an additional allowance of $100.00 per year towards the purchase of acceptable undergarments.

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18.07 Continuing Education

The Institute and the Union recognize that continuing education is important for all employees. An employee who wishes to receive reimbursement for a course related to the employee's work shall make an application to the Institute prior to the commencement of the course. Upon the Institute's approval of the course, the Institute shall reimburse the cost of tuition fees, up to $500 per year upon receipt of written proof of successful completion.

18.08 Premiums

(a) Shift Premium

Effective 1 May 2014, an employee who is scheduled to work a shift commencing after 1800 hours shall be paid a shift premium of $1.00 for all hours worked on that shift. Shift premium shall not form part of the employee's regular straight time hourly rate.

(b) Weekend Premium

Effective 1 May 2014, an employee who is scheduled to work a shift commencing after 0000 hours Saturday or a shift ending by 2400 hours Sunday shall be paid a weekend premium of $1.00 for all hours worked on a weekend shift. This premium shall not be pyramided with shift premium nor shall it form part of the employee's regular straight time hourly rate.

(c) These premiums shall not be pyramided with any overtime or call-in premium.

ARTICLE 19 - MISCELLANEOUS

19.01 Gender and Case

Whenever the masculine is used in the Agreement, it includes the feminine and vice versa where the context so requires. Where the singular is used, it may also be deemed to mean plural and vice versa.

19.02 Bulletin Board

The Institute agrees to provide one bulletin board on the surface and one bulletin board underground, each in an area accessible to employees, for the purpose of posting meeting notices and official Union information. Notices will be signed and posted only by officers of the Union and will be in keeping with the spirit and intent of this Agreement.

19.03 Availability of Collective Agreement

The Institute and the Union desire every employee to be familiar with provisions of this Agreement, and his rights and duties under it. For this reason, the Union will print the Agreement, and the Union will give a copy to each employee. The Collective

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Agreement shall be accessible to employees in the bargaining unit on the Institute's computer network in a readable format as determined by the Institute.

19.04 Labour/Management Committee

(a) There shall be a Labour/Management Committee consisting of up to two representatives of the Union and two representatives of the Institute. A staff representative of the Union may also attend and the Institute may have the assistance of a resource person.

(b) The Committee shall meet at the request of either party, but no more frequently than quarterly, unless mutually agreed otherwise. Meetings shall be at a mutually agreed time and place. Each party shall notify the other party of the proposed Agenda items at least 14 calendar days before the meeting and the other party shall forward its Agenda items at least seven calendar days before the meeting.

(c) The purpose of the Committee is to discuss items which are of mutual concern to management and the employees; however, it shall not deal with matters which are the subject of the grievance and arbitration procedure.

ARTICLE 20 - DURATION

20.01 This Agreement shall continue in effect until 30 April 2015 and shall remain in effect from year to year thereafter unless either party gives the other party written notice of termination or desire to amend the Agreement.

20.02 Notice that amendments are required or that either party desire to terminate this Agreement may only be given within a period of 90 days prior to the expiration date of this Agreement or, if applicable, to any subsequent anniversary of such expiration date.

20.03 If notice of the intention to renew or amend is given by either party pursuant to the provisions of the preceding paragraph, such negotiations shall commence not later than 30 days after such notice or as soon thereafter as is mutually agreed.

DATED AT Sudbury, Ontario, this ll day of _ __.;tr..!...f.U_;;...;.L....._, __ , 2012.

FOR THE INSTI

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Grade Facility Maintenance & Support

1

2 Cleaner

3 Cleaner I Maintainer 1

4 Cleaner I Maintainer 2 Warehouseperson,

5 Mechanical Maintainer 1 Industrial Technician 1

6 Mechanical Maintainer 2 Industrial Technician 2

7 Mechanical Maintainer 3 Industrial Technician 3

8 Industrial Technologist 1

9 Industrial Technologist 2

10 Industrial Technologist 3

01-May-12

GRADE 1 2 3

1 25,926.00 26,402.00 26,877.00

2 28,489.00 29,018.00 29,546.00

3 31,589.00 32,181.00 32,771.00

4 35,175.00 35,840.00 36,502.00

5 38,763.00 39,500.00 40,238.00

6 42,739.00 43,557.00 44,375.00

7 47,858.00 48,780.00 49,702.00

8 53,266.00 54,298.00 55,331.00

9 59,200.00 60,353.00 61,506.00

10 65,828.00 67,116.00 68,403.00

SCHEDULE 'A' WAGE SCHEDULE

Systems & Process Operators Scientific Support Technologists & Technicians

Operator 1

Operator 2 Laboratory Technician 1

Operator 3 Laboratory Technician 2 Systems Operator 1 Computer Technician 1

Systems Operator 2 Laboratory Technologist 1 Computer Technologist 1

Systems Operator 3 Laboratory Technologist 2 Computer Technologist 2

Systems Operator 4 Computer Technologist 3 Scientific Staff 2

Scientific Staff 3

STEP

4 5 6 7 8 9

27,353.00 27,829.00 28,306.00 28,782.00 29,258.00 29,808.00 30,073.00 30,602.00 31,130.00 31,658.00 32,187.00 32,795.00 33,363.00 33,954.00 34,546.00 35,137.00 35,728.00 36,408.00 37,167.00 37,832.00 38,496.00 39,160.00 39,825.00 40,588.00 40,974.00 41,710.00 42,448.00 43,185.00 43,923.00 44,770.00 45,193.00 46,011.00 46,829.00 47,647.00 48,465.00 49,405.00 50,625.00 51,547.00 52,469.00 53,391.00 54,314.00 55,372.00 56,363.00 57,396.00 58,427.00 59,461.00 60,493.00 61,676.00 62,659.00 63,813.00 64,965.00 66,119.00 67,272.00 68,593.00

69,691.00 70,980.00 72,267.00 73,556.00 74,844.00 76,318.00

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01-May-13 STEP GRADE 1 2 3 4 5 6 7 8 9

1 26,315.00 26,798.00 27,280.00 27,764.00 28,247.00 28,731.00 29,214.00 29,697.00 30,329.00 2 28,916.00 29,453.00 29,989.00 30,525.00 31,061.00 31,597.00 32,133.00 32,669.00 33,369.00 3 32,063.00 32,663.00 33,263.00 33,863.00 34,463.00 35,064.00 35,664.00 36,264.00 37,045.00 4 35,702.00 36,377.00 37,050.00 37,725.00 38,400.00 39,073.00 39,747.00 40,422.00 41,298.00 5 39,344.00 40,092.00 40,841.00 41,588.00 42,336.00 43,085.00 43,833.00 44,582.00 45,553.00 6 43,380.00 44,210.00 45,040.00 45,871.00 46,701.00 47,531.00 48,362.00 49,192.00 50,269.00 7 48,576.00 49,512.00 50,447.00 51,385.00 52,320.00 53,256.00 54,192.00 55,128.00 56,341.00 8 54,065.00 55,113.00 56,161.00 57,208.00 58,257.00 59,304.00 60,353.00 61,400.00 62,755.00 9 60,088.00 61,258.00 62,429.00 63,599.00 64,770.00 65,940.00 67,111.00 68,281.00 69,793.00 10 66,815.00 68,123.00 69,429.00 70,736.00 72,045.00 73,351.00 74,659.00 75,967.00 77,653.00

01-May-14 STEP GRADE 1 2 3 4 5 6 7 8 9

1 26,710.00 27,200.00 27,690.00 28,180.00 28,670.00 29,162.00 29,652.00 30,143.00 30,860.00 2 29,350.00 29,895.00 30,439.00 30,982.00 31,527.00 32,071.00 32,615.00 33,160.00 33,953.00 3 32,544.00 33,153.00 33,762.00 34,371.00 34,980.00 35,590.00 36,199.00 36,808.00 37,694.00 4 36,238.00 36,923.00 37,606.00 38,291.00 38,976.00 39,659.00 40,343.00 41,028.00 42,021.00 5 39,934.00 40,694.00 41,454.00 42,212.00 42,971.00 43,731.00 44,490.00 45,251.00 46,351.00 6 44,030.00 44,873.00 45,716.00 46,559.00 47,402.00 48,244.00 49,087.00 49,930.00 51' 149.00 7 49,305.00 50,254.00 51,204.00 52,155.00 53,105.00 54,055.00 55,005.00 55,955.00 57,327.00 8 54,876.00 55,940.00 57,003.00 58,067.00 59,131.00 60,193.00 61,258.00 62,321.00 63,853.00 9 60,989.00 62,177.00 63,365.00 64,553.00 65,742.00 66,929.00 68,118.00 69,305.00 71,014.00 10 67,817.00 69,144.00 70,470.00 71,797.00 73,125.00 74,451.00 75,779.00 77,106.00 79,012.00

Employees will normally move up one step on the salary grade annually on 1 May, to the maximum of Step 9 in the grade. An employee may be granted accelerated progression where, in the unfettered assessment of management, the performance of the individual has been exemplary.

Where an employee is permanently appointed to a higher grade, the employee's salary will normally be increased to the salary step in the higher grade closest to, but more than, the employee's salary in the lower grade.

Where an employee is demoted to a lower salary grade, the employee's salary will be decreased to the salary step in the lower grade closest to, but less than, the employee's salary in the higher grade.

Newly hired, or promoted employees will be paid no less than the starting rate of the position, but the Institute may at its sole discretion, place newly hired or promoted employee at any step in the salary grade of the position.

Employees who are hired to a position requiring trade or professional certification must maintain valid certification while employed in that position. Failure to do so will result in unpaid non-disciplinary suspension until the certification is renewed or non-disciplinary termination for failure to maintain the certification. Employees may access the allowance in Article 18.07 to pay for certificate fees provided a valid receipt is provided to the Institute.

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