COLLECTIVE AGREEMENT FilE CERT. FILE · COLLECTIVE AGREEMENT FilE No. . '2'fJr-{) f(p_ CERT. FILE...

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--- COLLECTIVE AGREEMENT FilE No. . '2'fJr- {) f(p_ CERT. FILE between C£RT. OATE EMPS F'MLE EMPS 1UfAL EMPS [101M (hereinafter referred to as .. the Con paRf1TE ftjf- I l f"QI) 1 '. COOING IOENT COOED ,, 7 l Q if and SUB. PRCNS COOED [F(QXQ}[Q) £1M[Q) . lTIJ@IM£[1 CLC-AFL.;.ciO (hereinafter referred to as ''the Union .. ) S.eeter!Jf" 30, 2002. --·- -- w L:.t.:m D l r .. ·. ·-. ,. - -,- - . 0 i I . . .. ·.. . ·- .. l : .... : .. J- o::.cr __ '\ .... ) l \ OFFICE OF l MtH 2 U \998 OLLE.C liVE: C INFORMATION J

Transcript of COLLECTIVE AGREEMENT FilE CERT. FILE · COLLECTIVE AGREEMENT FilE No. . '2'fJr-{) f(p_ CERT. FILE...

Page 1: COLLECTIVE AGREEMENT FilE CERT. FILE · COLLECTIVE AGREEMENT FilE No. . '2'fJr-{) f(p_ CERT. FILE between C£RT. OATE tJI~LE EMPS F'MLE EMPS 1UfAL EMPS ~Q[f{l. [M]©~OOIM [101M t1ll~nJ)ot-oer-/3~~

--- • • COLLECTIVE AGREEMENT FilE No. . '2'fJr- {) f(p_

CERT. FILE

between C£RT. OATE

tJI~LE EMPS

F'MLE EMPS

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~Q[f{l. [M]©~OOIM [101M t1ll~nJ)ot-oer-/3~~ (hereinafter referred to as .. the Con paRf1TE 80-~ ftjf- ~OO,f_

I l f"QI)1'.

COOING CO~TROL. ~f!J;~-~-~7. 1 IOENT COOED ,, 7 l Q ~ ~~ if

and SUB. PRCNS COOED

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[1@©~[1 ~~ CLC-AFL.;.ciO

(hereinafter referred to as ''the Union .. )

TERr:~t~~e.r 1:~:9!!7.1Q S.eeter!Jf" 30, 2002. F:~ --·- -- w L:.t.:m D l r .. ·. ·-. , . --,- -·--~ ~~r . 0 i I . . ~ .. ·.. . -~ ·- .. l : .... : .. J- o::.cr __

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OFFICE OF l

MtH 2 U \998

OLLE.C liVE: Bf>.!~Gi-\INING C INFORMATION J

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• • ARTICLE 1- RECOGNITION

1.01 The Company recognizes the Union as the sole collective bargaining agent of all its employees in the Town of Whitby, Ontario, in the Region of Durham, save and except supervisors, persons above the rank of supervisor, office and sales staff and students employed during the school vacation period.

1 .02 It is agreed that the Company recognizes the Union as the sole collective bargaining agent for all employees in the above described unit with the exceptions noted.

1.03 The Plant Manager and the Union Representative (full-time) and the Union Steward shall meet during the first week of each yearly quarter to discuss concerns, lingering points of contention.

ARTICLE 2 • MANAGEMENT RIGHTS

2.01 Except where specifically abridged by the specific terms of this agreement, the management of all phases of the Company's operation and the selection and direction of its employees will be vested exclusively with the Company.

2.02 Without restricting the generality of Section 2.01, it is agreed that the location of plants, the products to be manufactured, the schedules of production, the methods of operation, the determination of quality and quantity standards and the control of material and parts to be used shall be the exclusive function of management.

2.03 It is the exclusive function of the Company to maintain order, efficiency and discipline; to hire, retire if pensionable, discharge, suspend, discipline, transfer, classify, promote or demote employees; to increase or decrease the working force, assign employees to shifts and specify job assignments, subject to any part of this agreement which is relevant thereto, including for those employees who have acquired seniority (after seventy-five (75) days worked) the grievance procedure, provided that if any such action is taken for the purpose of imposing discipline or penalty upon an employee such action shall be for reasonable cause.

2.04 It is agreed that management shall exercise these functions in a manner not inconsistent with this agreement.

ARTICLE 3 • UNION SECURITY

3.01 The Company agrees to require each employee to authorize the Company, on a form supplied by the Union, to deduct an amount equal to the monthly dues as

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• • prescribed by the Constitution of the Union from the earnings of all employees, and to remit such amounts to the Union within fifteen (15) days following the end of the month in which the deduction was made. A list of the names of the employees shall be included with the remittance.

3.02 An employee may become a member of the Union or he may refrain from becoming a member of the Union if he so desires.

3.03 It is agreed tha~ there will be no solicitation for membership, collection of dues or any union affairs conducted on the Company premises except as specifically provided in this agreement. An employee can meet with his steward during break and lunch period.

A steward after first obtaining permission from his supervisor will be permitted at reasonable times to leave his regular duties to perform such functions as are properly provided under Article 5 - Grievance Procedure. Such permission will not be unreasonably withheld, but the Company reserves the right to limit such time if it deems the time so taken to be excessive.

ARTICLE 4 • NO STRIKE OR LOCK-OUT

4.01 It is agreed that there will be no strikes by the employees or by the Union during the lifetime of the agreement.

4.02 It is further agreed that management will not lock-out its employees during the lifetime of this agreement.

4.03 The word "strike" and the word "lock-out" shall be deemed to have meaning given those words in the Labour Relations Act, Ontario, R.S.O., 1970, chapter 232, as currently amended.

ARTICLE 5 .. GRIEVANCE PROCEDURE

5.01 (a) It is agreed and understood by both parties that grievances of employees or management shall be adjusted as quickly as possible. It is further agreed that an employee or the steward has no grievance until he has first given to his foreman the opportunity of adjusting the complaint.

(b) A grievance is defined as an allegation by an employee that the Company has violated one of the terms of this collective agreement or any pertinent legislation, act, or law.

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• • 5.02 STEP NO. 1

A written grievance will first be taken up with the foreman by the employee, accompanied by a steward within seven (7) working days of the occurrence giving rise to the grievance. The foreman will give his answer in writing within one (1) day of receiving the grievance. The foreman•s answer completes Step 1.

' STEP NO.2

If a grievance cannot be settled at Step 1, it may then be marked Step 2 and referred to the Plant Manager within seven (7) working days of the receipt of the answer at Step 1. The Plant Manager shall meet with the Grievance Committee and a representative (full*time) of the Union shall be present at such meetings to discuss the grievance within ten (1 0) working days of its receipt at this step for the purpose of attempting to resolve the issue. This meeting completes Step 2. If the grievance is not settled, it may then be referred to arbitration.

5.03 The time limits as spelled out above may only be extended by mutual agreement between the parties upon written request and Section 48 (Sub 16) of the Labour Relations Act shall not apply in regard to time limits.

5.04 A Union Policy grievance, which is defined as an alleged violation of the agreement concerning all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve, or an alleged violation where a group of employees have signified to the Company an intention to grieve, may be brought forward by the Union Grievance Committee in writing at Step 2 of the Grievance Procedure at any time within seven (7) full working days after the circumstances giving rise to it originated or occurred, and if such grievance is not settled to the mutual satisfaction of the conferring parties it may be referred to a board of arbitration in the same manner as a grievance of an individual employee. Management grievances may also be processed in the manner described above.

ARTICLE 6 - ARBITRA 1"10N

6.01 In the event that either party requests arbitration, it will notify the other party in writing within ten (1 0) working days, outlining in detail the issue to be arbitrated. It is understood that no other matter shall be brought up for discussion before the arbitrator unless it is specifically outlined in writing by the party requesting arbitration.

6.02 In such an event the board of arbitration shall be composed of one representative selected by the Company and one by the Union and a third mutually agreed upon by the two representatives who shall be the chairman of the board. If the parties

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-· - • • are unable to agree on a third member, then either party may request that the chairman be appointed by the Ontario Labour-Management Arbitration Commission.

6.03 The expenses of the third member of the board shall be paid jointly by the Company and the Union.

6.04 The arbitration board shall not have jurisdiction or power to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement, nor to deal with any matter not covered by the agreement, but shall base its decision on the contractual rights of the parties as disclosed by this agreement. The Board shall have the power to determine whether or not an issue is arbitrable under the terms of this agreement.

6.05 The majority decision of the board of arbitration shall be final and binding upon both parties and upon employee or employees concerned. If there is no majority the decision of the chairman shall govem.

AR1"1CLE 7 - DISCIPLINARY DISCHARGE

7.01 An employee, having attained seniority, may be discharged for cause.

7.02 All grievances, claiming an unjust discharge, must be filed, in writing, within five (5) worked days. Management shall insure that a representative (ie. steward) of the Union is in attendance when employees are being disciplined.

7.03 A disciplinary discharge processed to arbitration may be settled by confirming the Company's action or by reinstating the employee with full compensation for lost time, or by any other arrangemer;1t as to compensation or reinstatement which is just and equitable in the opinion of the conferring parties or in the opinion of the arbitration board if the matter is referred to such a board.

7.04 If practicable the steward will be informed of a layoff prior to the notice of layoff to the employee.

ARTICLE 8- UNION STEWARDS

8.01 The Company agrees to recognize a maximum of three (3) stewards or union officers. Such stewards or officers shall be employees of the Company who have completed seventy-five (75) worked days of service with the Company. The Union will identify to the Company the names and title of the three (3) officers.

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8.02 (a) • • During negotiations for renewal of this agreement, the Company agrees to pay fifty percent (50%) of the wages for up to three (3) members of the Negotiating Committee for all time spent in negotiations, on the days when meetings with the Company take place, to a maximum of the individual's scheduled work day. The Company will pay each member of the Negotiating Committee all those lost wages and will bill the Union for fifty percent (50%) of those wages.

(b) This provision has application up to and including mediation meetings prior to any strike or lock-out but not thereafter.

ARTICLE 9 - SENIORITY

9.01 The parties recognize that job opportunity shall increase in proportion to length of service and ability.

9.02 Seniority shall mean length of continuous service with the Company.

9.03 A new employee shall work a seventy-five (75) worked day probationary period, after which he shall be granted seniority status with seniority dating back to the date of his last date of hire with the Company.

9.04 An employee shall cease to have seniority and his employment shall be terminated for all purposes when;

(a) he voluntarily quits;

(b) he does no work for the Company for any reason for a period in excess of six (6) consecutive months except when receiving Workmen's Compensation Benefits when the time shall be up to twenty-four (24) months;

(c) he is given a discharge, unless reinstated by way of a grievance;

{d) he fails to return to work at the expiration of an approved leave of absence without an explanation satisfactory to the Company;

(e) he works elsewhere without permission while on leave of absence. Any permission if given must be included in the written authorization of leave;

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• • (f) he fails to report for work within seven (7) working days after the

date of mailing, by registered mail, a notice from the Company to return to work from layoff;

(g) is absent for three (3) consecutive work days without providing a reason satisfactory to the Company. In the event an employee fails to call-in within one (1) hour after the commencement of his shift that he is unable to attend at work, he is subject to discipline. Failure to observe this requirement is subject to discipline up to and including discharge.

9.05 The Company shall maintain a seniority list for the plant. A copy of such list shall be posted for the employee's inspection on the bulletin board in a designated area. A copy shall also be provided to the Union. This list shall be brought up-to-date once every three (3) months.

9.06 In any layoff the most senior employee will be retained provided he is fully qualified to do the work available, except that this provision shall only have effect when a lay-off is for a period in excess of two (2) work days. Notice of a 5 day lay-off, or more will be given to the employee, with a copy to the Union, on the shift prior to the layoff except in circumstances beyond the control of the Company including acts of God, fire, power failure, etc.

9.07 When employees are recalled from lay-off, the most senior employees will be recalled first provided the employee being recalled is already qualified to do the work available, and has performed the work previously for the Company.

9.08 (a) In all cases of an original vacancy promotion or in the creation of a new position, such position shall be posted.

The Company adheres to the principle to fill such vacancy or new position with qualified employees from within the bargaining unit before hiring new employees. A notice of the vacancy and its requirements will be posted for a period of three (3) twenty-four (24) hour work days.

The Company will provide a copy of the job posting to one of the Union Stewards who will sign a receipt for such copy.

9.08 (b) In filling of all posted positions, the qualifications, work performance, skill and ability of the employee(s) will be considered.

Where these factors are relatively equal between the applicants, the most senior employee will be given preference ..

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• • 9.09 If no employee qualifying under Article 9.08(b} applies the Company may fill the

job at its discretion.

9.10 It is understood that the Company may withdraw a job posting at any time should 'the Company no longer require the position.

9.11 If there are no qualified applicants for the ,posting and the Company elects not to fill the posting from the outside, by hiring a new employee, employees who have applied for the posting and who do not have the required qualifications, may be considered on the basis of past work perfonnance. Available in-house training (for groups 3-9 excluding group 5} and approved courses taken (for groups 1, 2 & 5) will provide the necessary basic skills to qualify the applicant for the posting. The Company shall pay for the successful completion of a limited number of such courses and will attempt to adjust employees work schedules, in order to facilitate this endeavour.

9.12 Employees training into a new position shall be subject to a training period of 250 worked days. If at any time during this period the Company detennines that the trainee is not suitable for this position or does not progress at an acceptable rate, the Company may at its discretion remove the trainee from this position. If at any time the trainee wishes to relinquish the position during the training period, he will be returned to his fonner position.

9.13 Employees shall only be considered for another training opportunity after they have been at the top rate in their new group for a period of one year. This waiting requirement may be waived at the Company's discretion.

9.14 Employees may not be considered for posted positions which in effect do not provide an improvement in their pay rate.

9.15 Notwithstanding anything that may be to the contrary in the Collective Agreement, the successful applicant to a job posting shall be paid his existing rate of pay just prior to being assigned to the new position, or the start rate of the new position, whichever is greater. If he is paid the rate of his previous position, he shall remain at that rate until such time as he progresses through the wage grid to a wage rate which is higher than the rate he is being paid. Thereafter he will progress through the wage grid in accordance with Schedule "A".

ARTICLE 10 • LEAVE OF ABSENCE

10.01 (a} Requests for leave of absence must be made to the Company in writing. A leave of absence may be granted not exceeding thirty (30) working days. Such leave may be granted at the discretion of the Company and shall be without pay.

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-·- • • (b) Delegation for Union Business for only two (2) stewards or

Committee Members to a maximum of seven (7) working days each per year. The Union shall provide at least thirty days notice for request of such leave and only one (1) steward or Committee Member shall be absent on such leave at a time unless approval is given by the Company, in writing.

10.02 Pregnancy and parental leave shall be in accordance with The Employment Standards Act. .

10.03 Seniority will accrue during an approved leave of absence. Benefits will continue to be paid by the Company for the duration of an approved leave of absence but not to exceed a period of 30 working days. In the event the employee wishes to continue the benefits, then he may do so by paying the premiums directly to the Company.

10.04 Paternity Leave - In the event of a birth of their child, employees will be entitled to one (1) day off with pay on the day of birth or when the child is brought home.

ARTICLE 11 - SAFETY

11.01 It is the desire of the Company and the Union to maintain high standards of safety in order to eliminate insofar as possible industrial accidents and illnesses.

11.02 A joint safety committee shall be established consisting of four (4) members, two (2) members chosen by the Company and two (2) members chosen by the Union.

11.03 It shall be the duty of the safety committee, at regular intervals, to report the existence of any conditions which, in its opinion, shall be hazardous to the employees, and to review the circumstances of any accident.

ARTICLE 12 · • PLANT HOLIDAYS

12.01 An eligible employee shall be paid his regular straight time rate for eight (8) hours without being required to perform work on the following plant holidays:

New Year's Day Good Friday Victoria Day Dominion Day Civic Holiday

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Labour Day Thanksgiving Day Christmas Day Boxing Day Two Floating Holidays

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• • 12.02 To be eligible for holiday pay an employee must have completed his probationary

period and must have worked the full shift on the work day immediately prior to the holiday and on the work day immediately following the holiday except in the case where the employee has been granted written permission to be absent or his absence is due to having been admitted to a hospital on either or both of these days. However, if the first day of an employee's layoff is one of the qualifying days for statutory holiday pay, the employee shall be deemed to be qualified. It is also understood that for holiday calculation only if an employee is late for a maximum of thirty (30) minutes and has punched in such employee may make up such lateness at the end of shift at his regular rate. In such case it will not effect such employee's eligibility for holiday pay.

In addition to the above, an employee eligible for holiday pay shall not be disqualified if absent on either or both of the qualifying days provided he is absent due -to a verified non occupational accident or non occupational sickness, and provided he has been at work within three (3) days of the holiday either before or after such holiday. Verified non occupational accident or non occupational sickness means the employee must see a recognized medical Doctor on the first qualifying day he is absent and the medical Doctor must certify in writing on the date that he saw the employee the exact medical reason(s) as to why the employee was unable to work on the qualifying day or both qualifying days, as the case may be.

12.03 In the event that one or more of the holidays fall within an employee's vacation period, he will be granted an additional day's vacation for each day.

12.04 An employee required to work on such holidays shall be paid at the rate of two (2} times his regular rate plus holiday pay, if qualified, except where the time worked is part of the employees regular shift which overlaps into the following day.

12.05 In the event a plant holiday falls on a Saturday or a Sunday, it shall be observed on the Friday or Monday as determined by the Company in consultation with the Committee.

ARTICLE 13- VACATIONS WITH PAY

· 13.01 An employee on the active payroll of the Company who has less than five (5) years' service as of June 30th shall be granted a vacation with pay in accordance with the Employment Standards Act, Ontario.

13.02 An employee on the active payroll of the Company who, as of June 30th, has five (5) years, but less than eleven (11) years' continuous service with the Company shall be granted three (3) weeks' vacation with pay at 6% of his gross earnings in the twelve- month period immediately prior to June 30th of the current year.

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13.03 (a) • •

Effective January 1st, 1992, an employee on .the active payroll of the Company as of June 30th with eleven (11) or more years of continuous service shall be granted four (4) weeks' vacation with pay at 8% of his gross earnings in the twelve-month period immediately prior to June 30th of the current year.

13.04 An employee on the active payroll of the Company as of June 30th with twenty-five (25) years of continuous service shall be granted five (5) weeks' vacation with pay at 1 0% of his gross earnings in the twelve-month period immediately prior to June 30th of the current year.

13.05 In the event of an employee leaving the service of the Company and not having been paid earned vacation pay that year, he/she will be paid out in full at the entitled rate.

13.06 The Company will schedule Senior Employees up to three (3) weeks vacation at one time, except for the period between June 15th and September 1st when no more than two (2) weeks shall be taken.

ARTICLE 14- BEREAVEMENT, JURY AND CROWN WITNESS PAY

14.01 (a)

(b)

In the event of a death in the immediate family of an employee, the bereaved employee will be granted time off to a maximum of three (3) consecutive days, without loss of pay, to attend the funeral, one of which days shall be the day of the funeral. For the purposes of this agreement, "immediate family" shall consist of parents, spouse, child, brother, sister, common-law spouse as claimed for benefit purposes and stepchild as claimed for benefit purposes.

In the event of the death of a parent-in-law, step-parent, grandparent or grandchild of an employee, the employee will be granted one (1) day, being the day of the funeral, without loss of regular pay for the purpose of attending the funeral provided the employee was otherwise scheduled to work on the day of the funeral.

14.02 The Company agrees to pay a full day's pay at straight time hourly rates for each day an employee is called to serve on a jury or as a subpoenaed crown witness provided he would otherwise have been scheduled to work on the day or days actually served on the jury. The employee, however, will be required to tum in to the Company the applicable fees received in order to receive the compensation above provided.

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• • ARTICLE 15 ·CALL-BACK PAY

15.01 An employee who is called in to work after having completed his regular shift shall receive not less than four (4) hours• pay at his regular hourly rate or time and one-half (1 1/2) his regular hourly rate for each hour worked, whichever is the greater.

ARTICLE 16 - TEMPORARY TRANSFERS

16.01 An employee who is temporarily transferred from his job shall be paid at his own rate for the balance of the current week, thereafter at the rate for the job to which he has been transferred. The employee, may, rather than continuing to work at the new rate of pay, elect to go home until required back at work at his own rate.

ARTICLE 17 ·HEALTH AND WELFARE

17.01 Attached hereto and forming part of this agreement is Schedule 118 11 which outlines the insurance benefits provided under this agreement.

ARTICLE 18 - OVERTIME

18.01 All overtime work shall, as far as is practicable, be distributed among the employees who normally perform the work.

18.02 All hours in excess of eight (8) in a day or forty (40) in a week (consecutive work days from Sunday) shall be paid at time and one-half (1 1/2) the employee's regular rate of pay. This includes hours on a Saturday if the employee has already worked thirty eight (38) hours in the week or has been specifically excused by the Company in writing for not having done so. Any hours lost due to layoff during the week may also count towards the 38 hour requirement. Time worked in excess of twelve (12) consecutive hours in any such day shall be paid at double (2) time.

1 8.03 There shall be no pyramiding of overtime, or shift premiums, and overtime premium will be paid but once for the same hours.

1 8.04 Double (2) time shall be paid for all hours worked on Sundays except where any of these hours are part of an employee's regular shift which overlaps into the following day or the provisions of call-in pay are applicable.

18.05 In the event that a scheduled shift overlaps a Saturday, Sunday or plant holiday (Article 12 refers) all hours worked on such a day shall be paid at regular straight time rates.

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ARTICLE 19 - HOURS OF WORK

19.01 The normal work shift shall be eight (8) hours. The normal work week shall be forty ( 40) hours. This in no way shall be considered as any guarantee whatsoever as to daily or weekly hours of work. It is understood that notwithstanding any other provision herein the present starting time of 11:00 P.M. Sunday prevails without premium whatsoever.

19.02 The work schedules shall be posted by Thursday at 4:00 P.M. of each shift change showing the starting and quitting times for the following week. Such times shall not be changed without notice to the employee concerned. During the posted period (one (1) week) such times shall not be changed without the consent of the employee concerned.

19.03 There shall be two (2) ten-minute rest periods paid for by the Company, one in the first half-shift and one in the second half- shift. Additional rest periods shall be paid for by the Company after each two (2) hours of overtime, provided the employee works at least 30 minutes after the break.

19.04 There shall be an unpaid lunch period of thirty (30) minutes duration.

19.05 Employees who report for work, unless otherwise notified to the contrary, shall be provided with either a work opportunity equal to half (1/2) their scheduled shift hours at their regular rate of pay or at the discretion of the Company pay equivalent thereto. An employee who declines the work opportunity shall not be entitled to the pay in lieu thereof. This provision shall not apply if the events causing the lack of work are beyond the control of the Company including acts of God, fire, power failure, etc.

19.06 An employee compensibly injured while working and unable to finish his shift shall be paid his regular rate for the balance of the shift.

19.07 Employees who use their personal vehicle on Company business shall be paid no less than twenty (20) cents per kilometre.

ARTICLE 20 - SHIFT PREMIUM

20.01 The following shift premiums will become effective the 1st Monday following October 1 .. 1997.

Afternoons - forty-five cents (45e) for all hours worked between 4:00 p.m. and 12:30 a.m.

Nightshift - fifty cents (50e) for all hours worked between 11 :00 p.m. and 7:30 a.m.

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_ ............

• • 20.02 The Company shall provide written notice to employees in advance when changes

are made to payroll deductions.

ARTICLE 21 • GENERAL

21 .01 Work normally performed in the bargaining unit shall not be performed by non­bargaining unit employ~s where the performance of such work would in itself result in the lay-off of bargaining unit employees.

21 .02 When tools are supplied by the Company the employee is responsible for these tools to be available at all times in the performance of his job. Employees are to sign for and be responsible for replacement. The Company will replace worn out tools when they are turned in by the employee. The maximum value of tools will not exceed thirty ($30) dollars excepting Maintenance Personnel. The Company agrees to provide a secure place for storage of tools. The Company will post their policy.

21 .03 Effective October 1, 1997 the safety shoe allowance will increase to $55.00 per year maximum.

Effective October 1, 2000, the safety shoe allowance will increase to $60.00 per year maximum.

Effective October 1, 2001, the safety shoe allowance will increase to $65.00 per year maximum.

21.04 Supervisors will approve and initial deviations from work orders.

21 .05 An authorized Union Representative, upon making a request, will be given one tour of the Plant in each six month period by a representative of Management at a mutually agreeable time.

ARTICLE 22 - TERM OF AGREEMENT

22.01 This agreement shall remain in force from October 1, 1997 to September 30, 2002, and shall continue forth from year thereafter unless in any final year of the contract, not more than ninety (90) days and not less than thirty (30) days before the date of the termination, either party shall furnish the other party with a notice of termination of and a proposed revision of this agreement. It is agreed that whenever practical, a meeting shall be held within fifteen (15) days of the giving of notice as described in this clause.

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-- ~ .- • • 22.02 During the discussions or negotiations upon any proposed renewal or revision of

this agreement as provided for by Clause 22.01 in which it may be at the commencement of such negotiations shall remain in full force and effect until such time as a new agreement has been executed or until such time as conciliation procedures, as required by legislation, have been exhausted.

Year 1 beginning October 1, 1997 Year 2 beginning October 1 , 1998 Year 3 beginning October 1 , 1999 Year 4 beginning October 1, 2000 Year 5 beginning October 1, 2001 (Years defined for benefits and wage increases)

ARnCLE 23 - RATES OF PAY

23.01 (a) Attached hereto and forming part of this agreement is Schedule "A" which fixes the minimum rates to be paid by the Company during the lifetime of this agreement, and Schedule "B" which outlines the Benefits and the amount payable by the Company toward such benefits. Any cost beyond those shown is bome by the employee.

October 1 , 1997 October 1, 1998 October 1, 1999 October 1, 2000 October 1, 2001

3% Increase 3% Increase 3% Increase 3%% Increase 3%% Increase

Signed this 2.\'::S' day of--~~~:-.....:\~......:\"------' 19~c .... , at Whitby.

FOR THE UNION

c::

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• • SCHEDULE "A" WAGE RATES

Effective from October 1, 1997 75 Days 6Mos 6 Mos 6 Mos Worked After After After

#1 #2 #3 Function Start Grade #1 Grade #2 Grade #3 Grade #4

Group 1 14.68 15.39 16.05 16.n 17.18 Maintenance

Group 2 13.38 14.43 15.14 15.79 16.21 Glue Laminator Waxer Kidder Press F & S Bag Adjuster

Group 3 12.76 13.38 14.01 14.43 14.83 Sheeter Slitter #2 Sleeter

Group 4 12.76 13.38 14.01 14.43 Slitter #1 Cutter lnterfolder

Group 5 12.76 13.38 13.74 Maintenance Ass't. Fork Lift Operator

Group 6 11.69 12.41 13.06 Winder #1 ,#2 Sheeter Helper

Group 7 10.31 11.04 11.44 Die Press Lid Printer Janitor

Group 8 9.00 9.65 10.39 11.44 Chute Tender

Group 9 9.00 9.65 10.39 Wrapper Cartoner

Pay increase as indicated above will be effective as of the nearest Monday following the date on which it is due.

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• • SCHEDULE "A" WAGE RATES

Effective from October 1, 1998 75 Days 6 Mos 6Mos 6 Mos Worked After After After

#1 #2 #3 Function Start Grade #1 Grade #2 Grade #3 Grade #4

Group 1 15.12 15.85 16.53 17.27 17.70 Maintenance

Group 2 13.78 14.86 15.59 16.26 16.70 Glue Laminator Waxer Kidder Press F & S Bag Adjuster

Group 3 13.14 13.78 14.43 14.86 15.27 Sheeter Slitter #2 Sleeter

Group 4 13.14 13.78 14.43 14.86 Slitter #1 , #3 Cutter lnterfolder

Group 5 13.14 13.78 14.15 Maintenance Ass't. Fork Lift Operator

Group 6 12.04 12.78 13.45 Winder #1 ,#2 Sheeter Helper

Group 7 10.62 11.37 11.78 Die Press Lid Printer Janitor

Group 8 9.27 9.94 10.70 11.78 Chute Tender

Group 9 Wrapper 9.27 9.94 10.70 Cartoner

Pay increase as indicated above will be effective as of the nearest Monday following the date on which it is due.

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• • SCHEDULE "A" WAGE RATES

Effective from October 1, 1999 75 Days 6 Mos 6Mos 6 Mos Worked After After After

#1 #2 #3 Function Start Grade #1 Grade #2 Grade #3 Grade #4

Group 1 15.57 16.33 17.03 17.79 18.23 Maintenance

Group 2 14.19 15.31 16.06 16.75 17.20 Glue Laminator Waxer Kidder Press F & S Bag Adjuster

Group 3 13.53 14.19 14.86 15.31 15.73 Sheeter Slitter #2 Sleeter

Group 4 13.53 14.19 14.86 15.31 Slitter #1 , #3 Cutter lnterfolder

Group 5 13.53 14.19 14.57 Maintenance Ass't. Fork Lift Operator

Group 6 12.40 13.16 13.85' Winder #1 ,#2 Sheeter Helper

Group 7 10.94 11.71 12.13 · Die Press

Lid Printer Janitor

Group 8 9.55 10.24 11.02 12.13 Chute Tender

Group 9 Wrapper 9.55 10.24 11.02 Cartoner

Pay increase as indicated above will be effective as of the nearest Monday following the date on which it is due.

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• • SCHEDULE "A" WAGE RATES

Effective from October 1, 2000 75 Days 6Mos 6Mos 6 Mos Worked After After After

#1 #2 #3 Function Start Grade #1 Grade #2 Grade #3 Grade #4

Group 1 16.11 16.90 17.63 18.41 18.87 Maintenance

Group 2 14.69 15.85 16.62 17.34 17.80 Glue Laminator Waxer Kidder Press F & S Bag Adjuster

Group 3 14.00 14.69 15.38 15.85 16.28 Sheeter Slitter #2 Sleeter

Group 4 14.00 14.69 15.38 15.85 Slitter #1 , #3 Cutter lnterfolder

Group 5 14.00 14.69 15.08 Maintenance Ass't. Fork Lift Operator

Group 6 12.83 13.62 14.33 Winder #1 ,#2 Sheeter Helper

Group 7 11.32 12.12 12.55 Die Press Lid Printer

·Janitor

Group 8 9.88 10.60 11.41 12.56 Chute Tender

Group 9 Wrapper 9.88 10.60 11.41 Cartoner

Pay increase as indicated above will be effective as of the nearest Monday following the date on which it is due.

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• • SCHEDULE "A" WAGE RATES

Effective from October 1, 2001 75 Days 6 Mos 6 Mos 6 Mos Worked After After After

#1 #2 #3 Function Start Grade #1 Grade #2 Grade #3 Grade #4

Group 1 16.67 17.49 18.25 19.05 19.53 Maintenance

Group 2 15.20 16.40 17.20 17.95 18.42 Glue Laminator Waxer Kidder Press F & S Bag Adjuster

Group 3 14.49 15.20 15.92 16.40 16.85 Sheeter Slitter #2 Sleeter

Group 4 14.49 15.20 15.92 16.40 Slitter #1, #3 Cutter lnterfolder

Group 5 14.49 15.20 15.61 Maintenance Ass't. Fork Lift Operator

Group 6 13.28 14.10 14.83 Winder #1 ,#2 Sheeter Helper

Group 7 11.72 12.54 12.99 Die Press Lid Printer Janitor

Group 8 10.23 10.97 11.81 13.00 Chute Tender

Group 9 Wrapper 10.23 10.97 11.81 Cartoner

Pay increase as indicated above will be effective as of the nearest Monday following the date on which it is due.

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-- • • SCHEDULE 118"

This schedule outlines the benefits provided to all employed employees who have completed 90 worked days of employment unless otherwise noted.

1.(a) OHIP. Extended Health Care and Semi Private Care

Full cost (100%) of OHIP, Extended Health Care and Semi-Private Care to be paid by the Company.

(b) Effective January 1st, 1993 the Company will provide an eyewear package of $60.00 every two (2) years per family member.

Effective April1 st, 1995, the Company will provide an eyewear package of $150.00 for eyeglasses and $200.00 for contact lenses every 2 years per family member.

2. Life Insurance -This benefit comes into effect after ninety (90) worked days, is equal to one times annual earnings and the premium is 100% Company paid.

3.(a) Dental Plan - The Company agrees to participate in the UFCW Trusteed Dental Plan and effective July 1st, 1993 contribute eighteen (18e) cents per hour for all hours worked by bargaining unit employees who have served the ninety (90) worked day qualifying period, to a maximum of forty (40) hours per week. Such contributions shall be remitted as required by the trustees of the plan. Hours of work shall mean regular hours, overtime hours, statutory holidays and vacation periods. Employees will be eligible for Benefits under the UFCW Trusteed Dental Plan as provided in said plan.

(b) Effective Oct. 1, 1997 dental premiums will increase to twenty-two cents (22e). Effective Oct. 1, 1998 dental premiums will increase to twenty-three cents (23e). Effective Oct. 1, 1999 dental premiums will increase to twenty-four cents (24e). Effective Oct. 1, 2000 dental premiums will increase to twenty-five cents (25e). Effective Oct. 1, 2001 dental premiums will increase to twenty-six cents (26e).

4. The Company agrees to pay the premium cost for an L.T.D. Plan which will provide on start of 18th week a benefit of 60% of employee's current rate at time of disability to a maximum of $1,000.00 per month. Such coverage shall be for his own occupation for two years, thereafter must be disabled for all occupations. Specific terms to be governed by the insurance contract. To be implemented as soon as possible after ratification. Employees hired after October 9, 1997 will qualify for LTD after twelve (12) months worked.

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. -• •

· 5.(a) Effective January 1st, 1993 the Company will implement and administer a payroll deduction R.R.S.P. and the Company will pay any service or administration cost of the plan. The Company will deduct 1.5% of the employee's weekly gross wage and deposit this amount into the Plan together with the matching 1.5% contribution by the Company. Such funds credited to each employee may not be removed by such employee as long as he remains an employee. The employee may contribute more that 1.5% of his wage if he/she wishes, however this amount will not be matched by the Company. To be eligible an employee must have two (2) years of continuous service.

Effective October 1st, 1995 the Company will deduct 2% of the employee's weekly gross wage and deposit this amount into the Plan together with the matching 2% contribution by the Company.

The employee may contribute more than 2% of his wage if he/she wishes, however, this amount will not be matched by the Company.

The employee's current voluntary portion in excess of the specified percentages may be used for the purpose of matching.

Mandatory Overtime:

Monday to Friday 8.0 hours of overtime to be the maximum amount of compulsory overtime plus maximum of 1 Saturday 8.0 hour shift per 4 week period.

Continental work week provision as per attachment "B".

LETTER OF AGREEMENT~ RE CONTINUOUS OPERATION

(a) The hours of work will be established on the basis of a continuous operation, that is, each work week consists of seven (7) working days and there will be two (2) shifts per day of twelve (12) hours each.

(b) An employee will be scheduled to work either three (3) or four (4) consecutive shifts per calendar week and then be entitled to four (4) or· three (3) consecutive days off per calendar week as the case may be. Such scheduling shall be carried out over a period of eight (8) consecutive weeks, in the manner set out below.

(c) When an employee is working on the continuous operating schedule, he shall receive compensation at one and one-half times the regular rate for all work performed in excess of twelve hours per day.

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- ..

• • (d) Hours worked on an employee's scheduled day off shall be paid for at one

and one-half times the regular rate of the employee, except, once an employee has worked twenty-four (24) hours of overtime in his/her cycle, then any further overtime worked within that same cycle shall be paid at double time.

(e) Overtime occurring on scheduled days off shall be divided as equally as practicable among employees in the job classification affected.

(f) An updated overtime hours list will be posted on the plant bulletin board on each crew's last scheduled shift of the cycle.

(g) An employee who has already left the premises of the Company after completion of his/her scheduled shift and who is recalled for emergency work shall be paid double his/her regular straight time hourly rate for a minimum of two (2) hours. The employees shall be required to remain at work for the two (2) hours.

(h) This shall not be considered as a guarantee of hours of work per day or per week.

(i) During each shift employees will be scheduled three (3) ten (1 0) minute breaks and one (1) half hour paid lunch.

U) The Company reserves the right to discontinue from time to time the continuous operation and rotation system as above and establish in their place a work week consisting of five (5) working days, each of which will consist of three (3) eight (8) hour shifts per day.

(k) The Company will give thirty (30) calendar days notice in writing of any such change to the employees and the Union to implement or to terminate this continuous operation, unless mutually agreeable by both parties.

(I) The first shift will be scheduled from 7:00 a.m. to 7:00 p.m. No shift premium will be payable for any hours worked on first shift.

(m) The Company will establish a rotating shift schedule.

(n) The shift times specified in (1) above are subject to change,dependent on the Company's operational requirements. Advance notice of thirty (30) calendar days of any such change will be provided to the employee and the Union Staff Representative.

(o) For vacation purpose a week shall be one (1) four (4) day cycle.

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• • • (p) Plant holiday pay will be based on twelve (12) hours pay if the holiday falls

on the employees regular day off.

( q) If an employee works on any of the holidays listed in Article 12 (twelve) they will be paid twelve (12) hours holiday pay plus time and one half (1-1/2) for working.

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. ~ -. -'--, • • •

CONTINUOUS OPERA'nONS

"4-4" SHIFT SCHEDULE

WEEK SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

w w w w 0 0 0 v\ 4, 2 0 w w w w 0 0 \A~ 3 0 0 w w w w 0 \f\~ 4 0 0 0 w w w w \/\<6 5 o· 0 0 0 w w w )b 6 w 0 0 0 0 w w ?.;6 7 w w 0 0 0 0 w fly {

8 w w w o· 0 0 0 ') b

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-· -• •

LETfER OF INTENT - TRAINING & DEVELOPMENT - Article 9.08 - 9.11

Founding principles:

Promotions are defined as moving to a higher rate category.

Lateral Moves are defined as moving from one machine to another within a rate category.

Lateral Moves are of limited value to the Company.

The Company does however endeavour to ensure that additional work opportunities exist for each employee through the practice of Cross-training. Cross-training could be on machines in the same rate group or machines in another rate group.

Cross-training is defined as basic training {generally under a machine tending circumstance or with the full time or part time presence of a qualified operator) that serves as an introduction to a machine that the Cross-trainee is unfamiliar with.

Cross-training will be assigned on the basis of seniority, normally when there is a shortage of work.

Training is of mutual benefit to the individual and the Company. Training only has a payback when the individual becomes fully qualified and produces at or above the targeted production rates. For training to have financial benefit to the Company, the individual that has received training, must remain in the trained position, for a reasonable period of time.

All Cross-training {and the individual's performance in the cross-trained function) will be taken into consideration for posted positions. Should the cross-training be for a Group 2 posting, additional education will be required to be accepted to a Group 2 posting.

Cross-training will be considered for qualifying an individual for a position which in effect does not provide an improvement in their pay rate (lateral move- for example in a work shortage situation).

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-- ....... .

• • LETTER OF AGREEMENT

(expanding on ·the provisions of quarter1y meetings as set out in Article 1.03)

Both the Union and Company agree on the necessity to build communications as well as trust between the parties, therefore the parties agree to the following:

A Labour- Management Committee will be instituted, consisting of the Union Stewards, the Union Representative, the Plant Manager and the Sr. Vice President of Operations. The purpose of the Committee will be to discuss on-going issues, or issues which will occur on a daily basis. ·

The Committee will meet every 3 months with a pre-arranged agenda that will note all major topics. Minutes shall be kept of such meetings with one copy posted on the Union bulletin board. ·

. If a circumstance arises that necessitates viewing a specific worKplace issue on the Plant floor, a tour of that specific area will be conducted for the benefit of the Union Representative by a member of Management.

27