COLLECTIVE AGREEMENT NESTLE CANADA INC. AND MILK AND … · collective agreement nestle canada inc....

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COLLECTIVE AGREEMENT NESTLE CANADA INC. AND MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL UNION NO. 647 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LONDON 401 Factory Contract Term: Ratification to September 4t h, 2023 0

Transcript of COLLECTIVE AGREEMENT NESTLE CANADA INC. AND MILK AND … · collective agreement nestle canada inc....

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COLLECTIVE AGREEMENT

NESTLE CANADA INC.

AND

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES,

LOCAL UNION NO. 647 AFFILIATED WITH

THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

LONDON 401 Factory

Contract Term: Ratification to September 4th, 2023

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Carl Davis Secretary-Treasurer

Business Representative

Martin Cerqua President & Principal Officer

Business Representative

Jeff Beer Trustee

Business Representative

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As a proud member of the Teamsters for nearly 33 years, I am a firm believer in our Union

values for equality, justice and fairness for all workers in Canada.

Teamsters Canada, believe that everyone deserves a decent quality of life. That's why we work to protect what matters to you, your job, your health and your family.

Our goals are to promote our collective rights and to protect the common good. Your Collective

Agreement allows you to achieve these goals. Through concrete actions in your workplace and your community, we are building a country where we can live with respect and dignity.

Francois Laporte President, Teamsters Canada

Follow our campaigns: teamsters.ca

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A MESSAGE FROM YOUR PRESIDENT & PRINCIPAL OFFICER

Congratulations on your new Collective Agreement.

Teamsters Local No. 647 goal has always been simple; to use our collective bargaining power to fight for equality, fairness and job security in an ever-changing economy and workplace. Going forward there will be many obstacles and issues. However, I am confident that working together with our members we will succeed regardless what challenges come our way.

In Solidarity;

Martin Cerqua President Teamsters Local # 64 7

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COLLECTIVE AGREEMENT

BETWEEN

NESTLE CANADA INC.

(hereinafter referred to as "The Company)

AND

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES,

LOCAL UNION NO. 647 AFFILIATED WITH

THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

(hereinafter referred to as "The Union)

Contract Term: Ratification to September 4th, 2023

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INDEX

ARTICLE PAGE 1 PURPOSE OF AGREEMENT 6 2 DEFINITIONS 6 3 RECOGNITION AND SCOPE 7 4 NO DISCRIMINATION 7 5 MANAGEMENT RIGHTS 7 6 STRIKES AND LOCKOUTS 8 7 UNION SECURITY AND DUES CHECKOFF 8 8 UNION AFFAIRS 9 9 GRIEVANCE PROCEDURE AND ARBITRATION 10

HOURS OF WORK, WORKDAY, HOLIDAY PAY, 10 VA CATION PAY, OVERTIME, OVERTIME PAY, 12

MEAL AND BREAK PERIODS 11 REPORTING ALLOWANCE 13 12 PERSONAL LEA YES OF ABSENCE 13 13 HEAL TH AND SAFETY 14 14 EARLY AND SAFE RETURN TO WORK 14 15 HARASSMENT 16 16 WAGES 16 17 DURATION 16

A-1 APPENDIX "A" - WAGES 18 LIU# 1 TIGER BONUS PROGRAM 19 LIU# 2 RETURNING SEASONAL EMPLOYEES 20 LIU# 3 PART-TIME WRITTEN TEST RESULTS 21 LIU# 4 PRACTICAL TESTING FOR NEW FULL TIME EMPLOYMENT 22

Nestle Code of Conduct 23 Nestle 10 Corporate Business Principles 26 Who is Teamsters Canada? 27 Teamsters Canada Services 28 Student Scholarships 29 Grievance, Complaint, Disagreement 31 Grievance Procedure and You 32 Nestle Code of Business Ethics 34 Union Contact Information 41 Company Contact Information 42

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ARTICLE 1 - PURPOSE OF AGREEMENT

1:01 The purpose of this Agreement is to establish and maintain orderly collective bargaining relations between the Company and its employees represented by the Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union 647 affiliated with the International Brotherhood of Teamsters. It is further the intent of this agreement to foster an amicable spirit, which shall prevail at all times. This Agreement is therefore

designed to clearly set out the rates of pay, hours of work, and conditions of employment to be observed between the parties.

ARTICLE 2 - DEFINITIONS

2:01 Gender: In this Agreement wherever the masculine gender is used, it shall be construed to be the masculine or feminine, as the context required.

2:02 Peak Production Period: The "Peak Production Period" is defined as the period in which all available Full-time employees are being fully utilized and lasts eight (8) months. The Company shall provide the Union thirty (30) days written notice of the commencement of the Peak Production Period.

2:03 Seasonal Production Employees: Seasonal Production Employees are defined as a person hired, on a temporary basis during the peak production period to provide relief for vacations and to meet increased seasonal production requirements. A Season Production Employee will be hired for a term and task up to eight (8) months (plus 2 weeks training) during the peak production period. All Seasonal Production Employees are deemed terminated at the conclusion of the Peak Production Period.

2:04 Probationary Period: Seasonal Production Employees are considered probationary employees without recourse to the grievance procedure for the first sixty (60) working days, exclusive of the two (2) week training period.

Seasonal Employees who successfully complete one season shall not be required to serve an additional probationary period when they return for subsequent seasons.

2:05 Effective January 1, 2020, all seasonal employees returning for their fifth consecutive

year of seasonal employment, and who have passed the PT/FT test shall be added to a list to replace Full/Part time Employees who leave Nestle through attrition. This list shall be used for this purpose only and for no other employment privileges. In the group with the

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most seasons, preference will be given to the person with the skill and ability to perform

the work of the new vacancy after the bidding process.

ARTICLE 3 - RECOGNITION AND SCOPE

3:01 The Company recognizes the Union as the sole and exclusive bargaining agent for all Seasonal Production Employees ("Employees") of the Company employed at its 401 Plant at 980 Wilton Grove Road, in the City of London, Ontario, save and except supervisors, persons above the rank of supervisor, employees covered by other collective agreements, contractors, and others not performing work within the scope of the

bargaining unit.

ARTICLE 4 - NO DISCRIMINATION

4.01 The Company and the Union agree that no intimidation, no discrimination, no interference, and no restraint or coercion shall be exercised against any Employee by

either of the parties to this Agreement.

4.02 The Union agrees that, except as provided for in this Agreement, there will be no Union activity on the premises of the Company except by agreement with the Company. Where the Company gives permission under this Article, the meeting or other activity shall take place at the location and on the terms specified by the Company.

ARTICLE 5 - MANAGEMENT RIGHTS

5.01 Except, and to the extent specifically modified by this Agreement, all rights and prerogatives of Management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management. There shall be no attempt by either party or an Arbitrator to read into the provisions of this Agreement a principle or authority whereby the process of collective bargaining has in any way usurped the rights of Management, except where specifically modified by this Agreement.

5.02 The Company reserves the right to discipline or discharge an Employee who has not completed their probationary period for any reason satisfactory to the Company. Such Employee will not have recourse to the grievance procedure with respect to grieving such action. Employees who have completed five hundred and twenty (520) hours of work in

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the Peak Production Period are deemed to have completed the required probationary period for that Peak Production Period.

5.03 This Agreement constitutes the entire agreement between the parties and any previous agreements whether oral or written are hereby superseded by this Agreement. No Employee shall be asked or permitted to make any verbal or written agreement that may conflict with this Agreement.

ARTICLE 6 - STRIKES AND LOCKOUTS

6:01 The parties having entered into this Collective Agreement in mutual good faith, the Company agrees there will be no lockout and the Union agrees there will be no strike, picketing, slowdown, sit-down, overtime ban or any suspension or limitation of work which could in any way affect the operation of the Company during the term of this Agreement.

6:02 The Union agrees that it will not initiate, authorize, cause or condone any picketing (including information picketing) at the plant during the life of this Agreement.

6:03 The Union agrees that if any of the action described in 6.0 I or 6.02 above takes place, it shall repudiate any such action by Employees and instruct Employees to promptly return

to work.

ARTICLE 7 - UNION SECURITY AND DUES CHECKOFF

7.01 All Employees covered by this Agreement must become and remain members of the Union, in good standing, during the life of this Agreement as a condition of employment.

7:02 The Company further agrees to inform all new Employees who are covered by this Agreement that Union membership is a condition of employment after sixty (60) working days have elapsed from the date of hiring.

7:03 New Employees shall be liable to pay the full amount of Union dues including initiation fees for the week in which they are hired. In the sixty (60) working day period following their hiring, the Company will deduct the appropriate amounts from their wages and

remit same in accordance with the provisions of 7.04 below.

7:04 The Company will deduct monthly from the pay of each Employee an amount specified

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by the Union, equivalent to Union dues and assessments owing by each Employee for Union purposes. The total of such deductions shall be remitted to the Secretary-Treasurer of the Union not later than the 201h day of each month. The Union shall notify the Company, in writing, as to the prevailing rate of Union dues and assessments.

7.05 It is expressly understood and agreed that the Union will save the Company harmless and indemnify the Company for any claim or other liability arising in any way pursuant to any deduction made hereunder.

ARTICLE 8 - UNION AFFAIRS

8:01 The Company acknowledges the right of the Union to appoint or otherwise select a committee that shall be composed of up to three (3) stewards, one per shift. The Union agrees to furnish the Company with a list of names of employees who have been elected or appointed Union Officers and Stewards authorized to represent the Union, and the Union will keep this list up to date. The Company does not have to recognize a Steward or Union Officers unless notified by the Union in writing of their appointment to such position.

8:02 All stewards have a responsibility to uphold consistent observance of the provisions of this Agreement and to report any infractions to Management for prompt and appropriate action.

8:03 There shall be no discrimination against the Stewards provided that they function in accordance with the appropriate provisions of this Agreement.

8:04 The Stewards shall have no authority to alter, amend, violate or otherwise change any part of this Agreement.

8:05 Stewards shall be allowed reasonable time to service grievances, provided the Steward

concerned has secured authorization from his/her Supervisor before leaving his/her work. Such authorization shall not be unreasonably withheld.

8:06 Representatives of the Union shall be allowed access to the Company premises for the purpose of contacting Stewards or investigating matters pertaining to the provisions of this Agreement, upon securing authorization to do so from the Plant Manager or appropriate Departmental Manager. Such authorization shall not be unreasonably withheld. Such meetings with Stewards should not occur at times when the Steward is scheduled to work.

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ARTICLE 9 - GRIEVANCE PROCEDURE AND ARBITRATION

9:01 A grievance shall be defined as a difference between the parties arising from the interpretation, application, administration or alleged violation of this Collective Agreement.

9:02 No grievance shall be considered unless it relates to the interpretation, application, or alleged violation of this Agreement where the circumstances giving rise to it occurred more than five (5) working days before filing of the grievance.

9:03 The Parties agree that it is of utmost importance to adjust complaints and grievances as quickly as possible and at the lowest possible step.

9:04 Grievances properly arising under this Agreement shall be addressed as follows:

Step# I

The aggrieved employee shall present his/her complaint verbally to his/her supervisor. The employee may be accompanied by his/her Steward. If a settlement is not reached within five (5) working days, the complaint may be carried forward to Step #2. If the reply is not satisfactory the employee shall have the right to file a formal written grievance. The parties agree that any settlement reached at this stage shall be without

prejudice or precedent.

Step# 2

If the reply is not satisfactory an Employee shall have the right to file a formal written grievance and to a meeting held with the appropriate steward, the immediate Supervisor or Department Manager. This meeting must be held within five (5) working days of the alleged grievance and the Company will give a reply within forty-eight ( 48) hours.

Step# 3

Failing resolution at Step# 2, the aggrieved employee may refer the grievance to Step #3 to the Director, Factory Operations or his/her designate. A third step meeting shall be arranged as early as possible. At this meeting the aggrieved employee may be accompanied by the Business Agent. The Company shall reply in writing to the grievance within five (5) working days. If the matter is not disposed of at such meeting, and if the Union wishes to proceed to arbitration, the Union shall, within five (5) working days of

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the date of the answer given, but not thereafter, delivery to the Company a notice in

writing stating that it wishes to take the matter to arbitration.

9:05 Arbitration - When a grievance is referred to arbitration, the party desiring arbitration shall notify the other party, in writing, of a list of acceptable arbitrators. The recipient of the notice shall, within fifteen (15) working days, advise the other party of acceptable arbitrators. Should the Parties fail to agree on a sole arbitrator, either party may apply to

the Minister of Labour for the Province of Ontario, for the appointment of an arbitrator.

9:06 The arbitrator shall not have the right to alter or change any provisions of this Agreement. The decision of the arbitrator shall be final and binding on both parties. Each of the parties will share equally the fees and expenses of the arbitrator.

9.07 The Arbitrator shall not be authorized to make any decision which is contrary to, or inconsistent with, the provisions of this Agreement nor to deal with any matter which is not covered by this Agreement.

9:08 No matter may be submitted to arbitration which has not been carried through all required steps of the Grievance Procedure in a timely fashion.

9:09 Policy Grievance - A Union Policy grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within thirty (30) calendar days of the circumstances giving rise to the grievance. A meeting between the representatives of the Company and the Union shall be held within ten (10) working days of the presentation of the written grievance. The answer will be given in writing within five (5) working days. If the matter is not disposed of at such meeting, the grievance may be submitted to arbitration within fifteen ( 15) working days of the date of the answer given and Article 9.06 (Arbitration) shall apply. Time limits may be extended by mutual agreement in

writing. It is expressly understood that the provisions of this paragraph may not be used by the Union to institute a grievance directly affecting an Employee where such Employee could himself or herself institute the provisions of Article 9.04.

9:10 When two or more Employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and presented to the Company beginning at Step One of the Grievance Procedure.

9: 11 It is agreed that all time limits in Article 9 are mandatory and that the only extensions of time limits will be by the Union and the Company themselves notwithstanding subsection 48(16) of the Labour Relations Act. Extensions of time limits shall be valid only if given in writing by the party granting the extension.

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9:12 Rules Applying to Terminations of Employment - The Company shall have the right to discharge or dismiss any Employee for just cause. In addition, the Company shall have the right to summary dismissal or discharge of Employees without recourse to the grievance procedure upon any of the following grounds or similar serious causes:

A. stealing and dishonesty;

B. drinking while on duty or being under the influence of liquor or drugs while on

duty;

C. direct refusal to obey orders given by the proper party, unless such orders

jeopardize the life, health, or safety of the Employee;

D. 2 or more unauthorized absences;

E. reporting late for work on 3 or more occasions;

F. working in an unsafe manner.

ARTICLE 10 - HOURS OF WORK, WORK DAY, HOLIDAY PAY, VACATION PAY, OVERTIME, OVERTIME PAY, AND MEAL AND BREAK PERIODS

10:01 It is expressly understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and computing overtime and shall not be considered a guarantee as to the hours of work per day or per week, the days of work per week, or the scheduling of such hours except as provided herein under article 11.01.

10:02 Hours of Work - Hours of work will be assigned by Nestle in accordance with business requirements. Additionally, the seasonal schedule shall be posted at the same time as the

Full-Time employee's schedule is posted.

The Company will provide as much notice as possible between shift changes.

10:03 Work Day - A typical work day normally consists of eight (8) or ten ( 10) hours of work.

10:04 Holiday Pay - Holiday pay shall be in accordance with applicable legislation.

10:05 Vacation Pay - An Employee shall be paid four percent (4%) of his/her or her gross pay

as vacation pay on their weekly pay cheque.

10:06 Overtime - The parties to this agreement recognize that the needs of the business require the performance of overtime work from time to time and Employees agree to work

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overtime when asked by the Company. The Company will attempt to advise Employees of required overtime as far in advance as is possible.

10:07 Overtime Pay -

(a) (One and one half (1 1/2) times their regular rate for Employees working beyond their eight (8) or ten ( I 0) hour shift or after working forty ( 40) hours of straight

time in any one week. Seasonal employees can be utilized at double time on Sunday.

(b) Overtime premiums shall be calculated on the Employees straight time.

10:08 Meal and Break Periods - The fo llowing meal and break periods shall apply to all

Seasonal Employees:

av I D Sh'ft Aft ernoon U! I s IN' ht Sh'ft Break - 15 minute Break - 15 minutes Meal - 30 minutes Meal - 20 minutes (paid)

Break - 15 minutes Break - 15 minutes

ARTICLE 11 - REPORTING ALLOWANCE

11 :01 In the event that an Employee reports for work on his/her shift, without having been notified not to report, he/she will be given at least four (4) hours work at his/her regular rate of pay or if no work is available he/she will be paid the equivalent of four ( 4) hours at his/her regular 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 Company, including unforeseen equipment breakdown or raw material shortage.

ARTICLE 12 - PERSONAL LEAVES OF ABSENCE

12:01 The Company will grant Emergency Leave without pay to Employees in accordance with the Employment Standards Act.

12:02 Management may, at its discretion, grant a one (I) day paid leave for special circumstances.

12:03 Where a second (2"d) year or greater seasonal Employee is called for Jury Duty, or as a

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Witness, he shall be paid his/her full pay by the Company. Such Employee will give his/her Jury or Witness pay cheque to the Company in return.

12:04 When requested by the employee, management may, at its discretion, grant a maximum of three (3) days of unpaid leave for special circumstances.

12:05 The Company will grant a leave of absence in accordance with the Employment

Standards Act provided required documentation is submitted. Request and permission by the Company shall not be unreasonably withheld.

ARTICLE 13 - HEALTH AND SAFETY

13:.01 The Company and the Union acknowledge their common concern for maintaining a safe and healthy working environment and to abide by the provisions of all applicable legislation pertaining to Occupational Health & Safety.

13:02 The Union will co-operate in the enforcement of safety rules and regulations.

13:03 Employees recognize their responsibility to work in a safe and healthy manner at all times in accordance with Nestle Health & Safety policies and guidelines.

13:04 The Company will supply appropriate clothing and standard safety equipment for all

employee's subject to the needs of each department.

13:05 Company agrees to reimburse Boot allowance up a maximum of one hundred (100) dollars. If the Seasonal Employee leaves prior to the completion of the probationary period, the allowance will be deducted from the Employee's last pay. If the work

environment causes extra damage to work boots, the company will review the need for

additional allowance on a case-by-case basis.

13:06 Company agrees to reimburse the amount of $60 to returning seasonal's who chose to

purchase custom hearing protection.

ARTICLE 14 - EARLY AND SAFE RETURN TO WORK

14:01 The Company, the Employee and the Union have an ongoing obligation to cooperate in an effort to facilitate the early return of the Employee to a job, which may include a

regular review of the Employee' s functional abilities.

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14:02 The Employee shall be returned to a job when his/her functional abilities so allow during

the Peak Production Period.

14:03 Where the Employee is absent from work as a result of a compensable injury, and the Employee is not able to perform the essential duties of his/her job, the Company, in consultation with the Union, will attempt to identify suitable productive work which is available, and which is consistent with the Employee's functional abilities. The Employee shall continue to be placed in suitable work, consistent with his/her functional abilities, while it remains available and subject to the needs of the business.

14:04 Where the Company does not consider it has sufficient information to assess the Employee's ability to return to work, it may request further information. An Employee may be required to attend an independent medical examination. Should the Company require independent medical examinations, such examinations shall be paid for by the

Company.

14:05 Reporting Absences - Employees are required to attend work regularly. When unable to attend, the Employee must contact the attendance line (519-680-4029) as far in advance as possible of his/her scheduled start time (minimum of four hours where possible), giving the reason he/she is unable to attend work, date of his/her expected return if known, and the details as to where he/she can be contacted during his/her absence. If the Employee cannot contact the attendance line, he/she must contact the Human Resources Department. An Employee is required, if requested by the Company, to substantiate the reasons for any absence. An Employee is required to maintain regular contact with the Company throughout his/her period of impairment and recovery.

14:06 An employee who is absent from work for any reason, or who has left the workplace early is obligated to notify the Company as soon as they are ready to return to work. In

such cases, an Employee, whose shift starts after midnight and on, or before, 2:00 p.m. shall inform his/her Supervisor or department head before 5:00 p.m. of the day prior to the day on which he intends to return to work. An Employee, whose shift starts on, or after, 2:00 p.m., and before midnight, shall inform his/her Supervisor or department head before 9:00 a.m. of the day on which he/she intends to return to work. An employee who does not respect these time lines will not be eligible to return to work and will not be paid.

14:07 The Company agrees to pay employees at regular time for hour spent writing the Part­time test. These hours will be counted as hours worked.

14:08 Where the Company requires a doctor's certificate, excluding pre-employment

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certificate, the Company shall pay for any cost of such note.

ARTICLE 15 - HARASSMENT

15:01 Nestle Canada and Teamster Local 647 adopt a ZERO TOLERANCE position in relation to any form of verbal or physical abuse, verbal or physical harassment and sexual harassment in the workplace. Any harassment in the workplace will be met with disciplinary action up to termination of employment without recourse to the grievance

procedure.

ARTICLE 16 - WAGES

16:01 The wages of all Employees shall be as set out in Appendix "A" which is attached to and

forms part of this Agreement.

16:02 All Employees will be paid via mandatory payroll deposit.

ARTICLE 17 - DURATION

17:01 This Agreement shall become effective as of the date of ratification and shall continue in full force and effect until September 4, 2023. Such notices shall be addressed to the London 40 I Director, Factory Operations, Nestle Canada, London, Ontario, and to the Union at 979 Derry Road East, Mississauga, Ontario L5T 2J7.

17:02 Following the completion of this term, the Agreement shall remain in effect for a period of one year unless and until either party gives to the other written notice of their intention to terminate or amend the Agreement. Such notice will be given in writing at least thirty (30) days but not more than ninety (90) days prior to the expiry of this Agreement.

Dated this 9th day of December 2018@ 11 :OOam.

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For Nestle Canada Inc: For the Union:

Nikka Collison (Seasonal Representative)

/ . . . . .

L .·(/&v,~X~t.A_ Karine Laverdiere (Director of Labour Relations) (Chief Steward )

V..:::>· ·' / __. /, ~.:.:--.-,··~ -·/ ·'<:._·· _____ _ Paul Gosling (Nestle 40 I Production Manager) Jeff Be~f (Business Representative)

.~ d-

Hamza Elsalhy (London Factory Controller) Carl J Davis (Secretary-Treasurer)

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Appendix "A" - Wages

Returning Seasonal Seasonal Production Employees Starting Production Performing Class I work on an

Rate Employees on-going basis and fully qualified 2019 $ 15.25 $15.60 $ 17.65 2020 $ 15.50 $ 16.00 $ 18.01 2021 $ 15.85 $ 16.30 $ 18.37 2022 $ 16.20 $ 16.70 $ 18.73 2023 $ 16.55 $ 17.15 $ 19.50

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Letter of Understanding 1

TIGER BONUS PROGRAM

In the spirit of co-operation, the Union and Company agree to work together to ensure the success of the factory.

The Company will endeavour to effectively manage the business, which includes providing the necessary materials and tools to meet the objectives of the factory. The Union will participate in Nestle Canada Goals training, provide ideas and support improvements in the plant.

Recognizing the Union's commitment to this program, the Company will provide a bonus plan.

All Seasonal Employees shall be entitled to receive the Nestle Bonus to a maximum of 5% of eligible earnings if the measurement criteria are exceeded. That is the program must make money before it can pay out.

A joint committee will be formed to develop the program with the above criteria as the basic measurement tools. The committee will meet to fully develop the plan. The plan that is developed will be sent to the Senior VP Human Resources, Senior VP Technical &

Manufacturing, and the President, Ice Cream for final approval.

Eligible earnings shall be defined as the employee's hourly wage rate as at the beginning of the applicable season multiplied by the number of hours he/she worked during the calendar year in question. Hours worked shall include Vacation and Statutory Holidays but shall exclude W.I. and W.S.l.B. The total number of hours shall not exceed 2080.

It is anticipated that the bonus earned for each year shall be paid out in March of the subsequent year.

Bonus shall be excluded from earnings for the purpose of calculating vacation as per the Collective Agreement.

In accordance with the rules and regulations of the plan, Employees who are terminated or resign from

their employment will not be eligible for payout in respect of that calendar year.

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Letter of Understanding 2

Returning Seasonal employees

On a trial basis and for the life of this agreement, the company agrees to the following:

Subject to skills, ability and availability the company will schedule employees based on the number of seasons they have worked with the Company when assigning hours. Whenever possible, the Company will endeavor not to schedule Employees on three different shifts within the same week. Should an Employee wish to not be scheduled three (3) shifts in one week, they can advise the Human Resources department in writing, however this may result in being scheduled for less shifts than they may otherwise be provided for this letter. There will be no retribution if the Employee chooses this option.

Where new shifts are added within an existing posted scheduling period, the new shifts will be offered to seasonal employees on the basis of the number of seasons they have worked with the company, provided they are deemed to possess the skill and ability to perform the work. New shifts are considered those that become available two or more days after the day that they are added to the existing schedule. The company is required to make one call only per seasonal employee in order to offer the additional shift(s). If an employee is unavailable to accept a call, the employer bears no further obligation to offer additional shifts. It is the employee's responsibility to ensure that their updated contact information is provided to payroll.

Employees may submit a written request to limit or change their availability for any shift by submitting the request a full two (2) weeks proceeding any scheduling period, and in doing so their request will be considered using the above-listed scheduling criteria. If an employee indicates their unavailability for certain shift(s) in a scheduling period, the employer bears no obligation to schedule any hours in the applicable scheduling period.

A seasonal employee who voluntarily resigns from employment and/or leaves to seek alternative employment or is terminated by the employer will be considered a new employee if they re­apply for a position and are hired back at any time subsequent to their resignation or termination. It is understood and agreed that students who resign their employment for the purpose of returning to school are exempt from this provision.

Unauthorized absences of two (2) or more days will result in the employee being deemed terminated from employment.

The parties agree that there is no on-going employment relationship as a result of this letter of understanding.

This letter of understanding expires and will be of no effect as of September 4, 2023.

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Letter of Understanding 3

Part-Time Written Test Results

Upon request by the employee, the results of the Part-Time written test will be made available in writing. Nothing beyond the score of the test will be disclosed. It is agreed and understood that written test results cannot form the subject of a grievance.

The Company will make every reasonable effort to conduct annual Employee reviews. If an Employee is missed and requests a review, the Company will schedule such review at a time convenient for both parties.

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Letter of Understanding 4

Practical Testing for New Full Time Employment

The company has implemented of process to test seasonal employees for suitability for new part­time I full time employment. The union acknowledges and agrees the company has the right to change and/or amend the process as required.

On a trial basis and for the life of this agreement, the company agrees to allow seasonal employees who fail the practical testing to be considered for re-testing. Upon request, a seasonal employee who fails the practical testing will be placed at the bottom of the testing list, as of the date the request is made. When such seasonal employee returns to the top of the list, if they have demonstrated that they have taken steps outlined by the company to address some of their areas of opportunity, they will be re-tested. Each seasonal employee will be limited to one practical retesting provided they have met the required criteria and at the discretion of the company.

The company reserves the right to go outside of this process at their discretion.

This letter of understanding expires and will be of no effect as of September 4, 2018.

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CODE OF CONDUCT

London 401

What does Nestle Canada expect of each of us? What is acceptable behaviour and conduct in the workplace? The following is Nestle Canada's Code of Conduct for our factory.

I. Carry a positive attitude and be courteous to your fellow workers.

2. Accidents must be reported to supervisor on duty, and first aid received, if necessary.

3. It is strictly forbidden to remove guarding or disassemble equipment without applying LOTO.

4. Bringing alcoholic beverages or drugs is prohibited. Employees under the influence of alcohol or drugs will be terminated.

5. Eating and smoking is permitted only in designated areas.

6. Uniforms may not be worn outside of the factory unless required as part of your job.

7. Company property is not to be taken from the premises without written authorization using a Material Removal form.

8. Absence or tardiness without good cause is not permitted.

9. All employees must be at their work stations at their official starting time of the shift and must not leave their work stations until their official finishing time or unless advised otherwise by their supervisor.

10. Employees must not leave their working departments, except as approved by their supervisor or coordinator.

11. Rest periods must not extend over 15 minutes or as specified in the Collective Agreement, from the time the employee leaves the job to the

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12. time he/she is back on the job and at work.

13. Employees are responsible to scan in and scan out for every shift.

14. It is a serious offense to falsify any company record, or for an employee to scan or sign for another employee or for employees to fail to scan in upon arrival and out when leaving the factory, other than on Company business.

15. Employees must notify the front desk when leaving earlier than scheduled.

16. Employees must adhere to all applicable Good Manufacturing Practices (GMP's)

17. An employee should not normally return to the factory when off shift. If you do need to return to the factory, the front desk must be notified when you enter and when you exit the building.

18. An employee who is unable to report to work must call the attendance line at (519) 680-4029 at least one (1) hour prior to his/her or her shift. The employee must provide an acceptable reason for absence together with the expected duration of the absence. The Collective Agreement also requires employees to inform the Company when they are ready to return to work (article 20:01).

19. Prior to returning from an illness or accident, an employee must ensure that the appropriate Nestle forms are completed, approval to return to work is obtained from the physician, and Human Resources has confirmed the Return to Work.

20. An employee must carry out the instructions of his/her supervisor.

21. Disorderly conduct, horseplay, or fighting is a serious offense and is not

permitted.

22. Sleeping is not permitted.

23. Employees must wear appropriate safety shoes and all protective equipment as required.

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24. No literature other than official documents related to the job shall be read during working hours (this does not apply to break and meal periods).

25. Spitting is prohibited in or around any part of the plant.

26. Each employee is responsible to keep their work area neat and clean.

27. Using Company property for personal advantage is not permitted.

28. Downloading or storing personal material on company devices is not permitted.

29. Password sharing is not permitted.

30. Attendance is mandatory at town halls and assigned training unless

authorized by a supervisor.

This is not an exhaustive list of rules and regulations but should provide you with greater understanding of what is expected. Any violation of these rules and regulations will be met with appropriate discipline.

(Issued July 1999, Revised 2018)

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Nestle's 10 Corporate Business Principles

The Nestle Corporate Business Principles are at the basis of our company's culture.

Consumers

~ Nutrition, Health and Wellness

~ Quality Assurance and Product Safety

~ Consumer Communication

Human Rights and Labour Practices

~ Human Rights & Labor Practices in our Business Activities

Our People

~ Leadership and Personal Responsibility

~ Safety and Health at Work

Suppliers and Customers

~ Supplier and Customer Relations

~ Agriculture and Rural Development

The Environment

~ Environmental Sustainability

~ Water

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Who is Teamsters Canada?

At the turn of the century, drivers were delivering merchandise with teams of horses drawing the wagons, wherefrom the name Teamsters. The two horses in our logo looking in opposite directions, represent the two rival unions that joined forces in 1903 to form the International Brotherhood of Teamsters. The middle circle of the logo represents the wheel of a horse-drawn wagon.

It was during these early years that the Teamsters earned a reputation for being a strong, dynamic, militant Union that stood up for its rights and its jurisdictions.

The Canadian Conference of Teamsters was created in 1976; this was done in recognition of the special needs, interests and aspirations of its Canadian membership. The Canadian membership has grown from 74,000 members to more than 115,000 members today.

In 1995, Teamsters Canada negotiated the terms of a proposed Canadian sovereignty

amendment to the International Constitution, which would grant Teamsters Canada more autonomy and control over Canadian membership issues.

Since 2001, a major change to the International Constitution recognizes the autonomy of

Teamsters Canada.

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Teamsters Canada Services

Teamsters Canada represents approximately 115,000 members across the country in various industry sectors. The Teamsters' national office is in Laval, Quebec. Two other regional offices are located in Ontario and British Columbia.

Evolving services Due to its rich experience, our union has developed appropriate tools over the years in an effort to better help our members. Historically, unions restricted themselves to negotiating collective agreements and dealing with members' grievances. Times have changed, as well as laws, and we have adapted. Our services are set up to better respond to the new realities of our members.

Strike funds To be ready to confront the employer and establish our position of power in negotiations, Teamsters Canada created a Canadian strike fund in 1994. (Strike pay currently $300.00 per week).

Communications Teamsters Canada has its own website, (www.teamsters.ca), which is updated regularly. All union news is reported there. In addition, the Communications Department puts out a magazine as well as information brochures for members. Lastly, it supports local unions during press briefings

(preparation, organization, etc.).

Union training

A number of training courses are offered across the country. These courses, which are regularly offered to Shop Stewards, accident prevention officers, union advisors, etc., are developed and updated regularly to consider new realities in the work world, changes in legislation and jurisprudence, in accordance with the needs of the members we represent. Various courses are offered, such as: psychological harassment, violence in the workplace, collective bargaining, grievance procedure, occupational health and safety, etc.

Government lobbyists

Due to current government policies, our union has decided to get involved in various political parties in order to better pressure the governments elected. Our union is the only one in Canada to have in its ranks two people whose sole mandate is to lobby the government. The mission of these lobbyists is to make our union position and our demands known, so that new legislation and amendments reflect our vision. They have been called to participate in a number of important matters, including occupational health and safety, etc.

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Student scholarships and essay contests

In order to help high school seniors in their studies, each year in Canada, 15 academic scholarships of$1,000 and $10,000 are disbursed to Teamster members' children planning to attend a four-year university or college program.

$ 2,000 awards for use at community colleges and trade schools.

In addition, in an essay contest, young people can submit a text for a chance to win one of five

$1,000 scholarships awarded throughout the country.

Online application process can be found on the James R. Hoffa Memorial Scholarship Fund's

website: www.jrhmsf.org

Teamsters Canada offers scholarships as well, information and application process can be found on the Teamsters Canada website: www.teamsters.ca

Research

In-depth ongoing research underlies the collective bargaining process. Teamsters specialists are

ready for any eventuality, as they are constantly compiling the results of their research. Teamsters' specialization and research departments are supported and backed by the general executive and the International Brotherhood, whose head office is in Washington.

Organizing

For Teamsters Canada's President, organizing is a priority because it is the essence and the heart of a good labour union. Our Canadian Organizing Director, with the help of representatives from every part of the country and in collaboration with local unions' organizers, works to build the Canadian Teamsters membership. Their main role is to organize the non-unionized and the misrepresented members. One must not forget however that the best

organizers come from within our ranks.

Affiliations

With the rise of globalization, as a large, strong union, it was necessary to adapt and create relationships with provincial organizations (worker federations), national organizations (Canadian Labour Congress) and international organizations (ITUC and IBT). Teamsters play an active role in these associations, so that, in their actions, they will take into account the interests of the members we represent.

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• International Trade Union Confederation (ITUC) http://www.ituc-csi.org

• Canadian Labour Congress (CLC) http://canadianlabour.ca/

• District Labour Councils http://canadianlabour.ca/index.php/Conseils du travail?language=en

• Federation of Labour http://canadianlabour.ca/index.php!Kevinerations fr? language=en

Over the past decades, unions decided to make use of these organizations to coordinate various

services, in order to support each other in various recruitment drives and during disputes.

Women's Committee

Due to the ever-growing number of women in our organization, our union sits on the Canadian Labour Congress (CLC) and International Brotherhood of Teamsters (IBT) women's

committees.

Teamsters Youth Committee

During a meeting held in January 2009, the Teamsters Canada Executive Board voted in favour of the creation of a national Youth Committee in its organization. On June 9, 2009, during the 10th Convention of

Teamsters Canada, a resolution to this effect was adopted unanimously by the attending delegates.

In order to set up this Committee, each Joint Council and Conference was asked to appoint representatives aged below 35 years to this Committee. In total, 15 youth, men and women of various ages, backgrounds and religions, were appointed. They represent various

regions and fields of activity.

The Committee' s mandate is, amongst other things, to provide a voice for young members, advise Teamsters Canada on matters of interest to young members and support Teamsters

Canada in its activities.

The Committee's main goal is to unite the young members of different Local Unions through local, regional, provincial and national networks. Youth account for a significant percentage of Teamsters members and represent a powerful resource for the union. The Committee deems that

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the active participation of young members will give the union more leverage at the bargaining

table, during organizing campaigns and in the political arena.

Grievance, Complaint, Disagreement

The Grievance

The grievance is a mechanism negotiated by both parties to a Collective Agreement, the Employer and Union, to settle disputes and of which they are sole owners. This is why a grievance cannot be filed against another employee. This is also why the Union is the only one to

decide if a grievance will proceed to arbitration. A grievance originates from any violation of the collective agreement. Grievances are also used to clarify ambiguous clauses that are hard to interpret, and when disciplinary measures have been taken. Lastly, subsequent to the 2004 decision by the Supreme Court of Canada, a grievance can be filed every time a provision of labour legislation is infringed. Therefore, for a grievance procedure to defend one's rights, there is an essential condition. There has to be an article in the collective agreement that provides for that right, whether it is an article on overtime work, seniority, work schedule, statutory holidays, workplace health and safety, etc.,

or a violation of labour laws.

In concrete terms, if an employer acts or takes a decision that violates the collective agreement or a Labour Law, there is ground for grievance. For instance, the Employer posts a position according to hiring provisions described in the Collective Agreement. Two employees bid on that position which is granted to the junior employee. This is contrary to seniority provisions provided in the Collective Agreement and it is the senior employee's right to file a grievance. The purpose of his/her grievance is to demonstrate that the Employer has violated provisions of the Collective Agreement and to force him to remedy the situation. Why should we bother going through the grievance procedure to settle a violation of the Collective Agreement? Why not just walk out until the Employer decides to "smarten up". The answer is simple. It is illegal and unrealistic to think that labour disputes can be settled this way! It is illegal because, during the Collective Agreement, the Union and the Employer MUST settle their differences about the Collective Agreement without work stoppage.

The grievance procedure is the only way to settle problems arising from the interpretation and application of the Collective Agreement and Labor Laws during the terms of this same agreement. It is also agreed between the Union and the Employer that employees will not resort to strike action to settle grievances and the Employer agrees to settle disputes promptly. It may seem to you that the employee will be the losing party; remember that in non-unionized

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companies, the Employer is still the only one to manage, discipline and discharge employees as he wishes, and their only recourse is to file lawsuits, when and if they can.

Work Now, Grieve Later!

Even if there are grounds for a grievance, an employee cannot refuse to follow an order from the employer. Refusal to work is considered as insubordination. However, there are some exceptions to the rule "work now, grieve later". There are situations where continuing to work could have consequences so severe for the employee that even if he wins his/her grievance, it would never allow him to overcome the prejudice he suffered (whether illegal or situations where the health and safety of the employee are at risk). Don't grieve too late! Most collective agreements set a time limit and a procedure to follow in order to file a grievance. Follow the steps and time limits of your grievance procedure. You may end losing your grievance just because it was filed out of the delay, so be attentive to your time limits.

The Complaint

A complaint arises from any disagreement regarding the application or interpretation of a law. In this case, it is possible to resort to procedures set out pursuant to the law. For example, an employee is the victim of discrimination with respect to his/her age, race, colour, religion, sexual orientation or a handicap. He/she can file a complaint with the Human Rights Commission, but it is also possible to file a grievance, as this is an infringement of labour legislation. In the event of a complaint, the Shop Steward's role is to inform the member of his/her rights and steer him toward the proper resources. In fact, a complaint is a personal remedy that only that person can institute. The union cannot take the initiative but must provide the member with support.

The Disagreement

The disagreement originates from a misunderstanding of an Employer's decision with regard to a condition not covered by the Collective Agreement. It will therefore be possible for you to discuss with the Employer to try to settle the dispute.

The Grievance Procedure & You!

Article 9 of your collective agreement is one of the most important in your contract!

The first thing to remember is all grievances should be discussed with the individual Union member, their Union Steward and Supervisors first. Hopefully, the issue is resolved verbally at

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the first opportunity. If the matter is not resolved, the member and the department Union Steward need to file a written grievance and have a meeting to discuss the matter in greater detail. Remember do not wait, collect all the related documents, schedules, paystubs, previous discipline, or anything that may be useful in explaining or proving your case.

Remember the 5 W's

• Who

• What • Where

• Why

• When

Writing the Grievance

The ideal grievance should be written in such a way that it is short, simple, and specific. It should highlight who is involved, the problem, and request redress (full compensation). It should not go into arguments in the grievance form. The arguments and evidence will be dealt with in the grievance meetings.

It is also important to note that the phrase "and/or any other clause in the collective agreement which may be applicable" must be included after the original problem statement. This allows the Union to argue the whole collective agreement not one article only.

It is also important to ask what you want from the grievance. But always include "I request full redress including but not limited to" (a remedy that you are looking for) or, in disciplinary cases state "I request full compensation and my record made whole". Always make sure to sign the grievance form.

Example Grievances:

Individual Contractual Grievance:

The Company failed to offer me 4 hours of over-time on Tuesday March 4th when it used part­time employees before asking me to work. The Company violated articles 8, 9, & 19 and/or any other article the collective agreement that may be applicable.

I request full redress including but not limited to the hours in question.

Group Contractual Grievance:

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The Company failed to pay us correctly for the hours worked during the week of the statutory ending on July 6th. We request full redress including but not limited to being paid all outstanding wages

Violations of Employees Rights/Unfair Discipline Grievance:

I am protesting the suspension issued on September 1st without just cause and contrary to article 25 and/or any other article in the collective agreement that may be applicable. I believe that management did not act in a fair and reasonable manner. I request full compensation and my record made whole

Union Policy Grievance:

The Union protests the new Company policy without the Union agreement or approval. This policy violates the collective agreement and is an unfair & unreasonable exercise of their

management rights. The Union requests full redress for all applicable members including the policy be withdrawn.

Labour Law Grievance:

The Union is protesting the high temperatures in our workplace that violates article 3 of the

Collective Agreement and/or the Health & Safety Act of Ontario.

The Union request full redress for all affected members and that immediate action be taken to

resolve the problem.

Remember resolving the Grievance quickly and at the earliest step is very important.

WSIB Rights & Obligations for Workers

Report All Workplace Injuries & Illnesses

What if someone gets injured at work or the work makes them ill?

1. Follow these key steps:

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~ Get first aid immediately, or medical care if needed.

~ Tell the employer or supervisor about the injury or illness as soon as possible.

2. Remember if you are injured at work?

~ tell your employer immediately;

~ get medical treatment right away if required!

When the WSIB registers the claim, they will send you a form 6 so you can describe what happened. You should complete, sign and send this form back to the WSIB as soon as possible. This is important because we need your signature to get your permission for your doctor to give

your employer information to help with early and safe return to work.

If you get Medical treatment?

1. Tell the person treating you that the injury happened at work.

2. The doctor or person treating you needs to complete a report and send it to the WSIB so you can claim benefits. On the form there are places for you to give information about yourself and your employer.

When not to claim benefits;

Do not make a claim if ALL FOUR statements that follow are true:

1. only first aid treatment was required

2. you did not take any time off work

3. your pay was not affected

4. your job duties did not change as a result of the injury.

5. The employer must pay you full wages for the day of injury.

What are my other responsibilities if injured at work?

Workers need to:

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• stay in contact with your employer while you recover

• talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

Co-operation: a worker's obligation

To get disability insurance benefits from the Workplace Safety and Insurance Board, a worker has an obligation to co-operate with the Company for a safe return to work.

If the worker refuses to co-operate and has no reasonable cause, the WSIB may reduce or suspend the worker's benefits.

What are the activities the injured worker must co-operate with? Workers must:

• co-operate in the health care and prescribed treatment indicated by the WSIB

• undergo a health examination at the direction of their health professional or the WSIB

• provide information to the WSIB to assist in the adjudication of their claim and

• co-operate in an early and safe return to work or labour market re-entry assessment and plan, as indicated by the WSIB.

Planning for an early and safe return to work

All workers and employers are required to co-operate in return to work efforts. In Ontario,

returning an injured worker to work is a shared responsibility, primarily between the employer and the worker.

Functional Abilities Form;

The Functional Abilities Form for Planning Early and Safe Return to Work (2647 A) is a tool to help workers and employers meet their return to work obligation. When completed, it helps workers and employers arrange an early and safe return to work. The information gathered highlights what a worker can do after a workplace injury, what limitations apply, and whether the worker requires a specific period of "time to heal". The Functional Abilities Form is completed at the request of either the worker or the employer. It does not replace Form 7

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(Employer's Report of Injury/Disease), Form 8 (Health Professional's First Report) or any other reporting form required by the WSIB.

When do the workplace parties use the Functional Abilities Form?

Workers and employers can ask a health professional who is treating the worker to complete this form so they can have the functional abilities information that is needed to identify suitable work for the returning employee. With detailed information about the worker's ability to lift, walk, stand, etc., the employer can identify possible job accommodations as part of a phased return to work while the worker continues to recover from the workplace injury/illness.

Who can complete the Functional Abilities Form?

This form can only be completed by a health professional who is treating the worker. This

includes physicians, chiropractors, physiotherapists, etc. ( a member of the College of a health professional

as defined in The Regulated Professions Act, 1991 ).

Workers & the Functional Abilities Form

Complete the Worker's Signature section of the Functional Abilities Form to authorize the health professional who is treating you to release functional abilities information to your employer. Bring the signed form to your health professional and ask the health professional to complete the form. The employer must:

• Pay the worker's wages for the day or shift the injury occurred

• Arrange and pay for transportation to get medical care if it is needed

• Give you a copy of the accident report once it is completed.

When can workers claim benefits?

As a worker, you can claim benefits if you have:

• received medical attention and/or

• lost time or wages from work beyond the day of injury

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• continued to work, but on a reduced work schedule, at regular or reduced wages.

What are my other responsibilities if injured at work?

You need to:

• stay in contact with your employer while you recover

• talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

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NOTES

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···························································································································································· ............................................................................................................................................................ ...........................................................................................................................................

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The Teamsters are known as the champion of freight drivers and warehouse workers, but have organized workers in virtually every occupation imaginable, both professional and non-professional, private sector and public sector.

Our 1.4 million members are public defenders in Minnesota; vegetable workers in California; sanitation workers in New York; brewers in St. Louis; newspaper workers in Seattle; construction workers in Las Vegas; zoo keepers in Pennsylvania; healthcare workers in Rhode Island; bakery workers in Maine; dairy workers in Ontario: airline pilots, secretaries and police officers. Name the occupation and chances are we represent those workers somewhere.

There are nearly 1,900 Teamster affiliates throughout the United States, Canada and Puerto Rico, with the following breakdown:

Teamsters stand ready to organize workers who want to bargain collectively. Once a contract is negotiated and signed, the Union works to enforce it- holding management's feet to the fire and invoking contract grievance procedures if management chooses not to. Wages and benefits under Teamster contracts are markedly better than those of non-union employees in similar jobs. Teamster contracts are the guarantors of decent wages, fair promotion, health coverage, job security, paid time-off and retirement income.

The Teamsters Union also performs vital tasks in such areas as pension management, safety & health, community outreach, governmental affairs and communications. For more than a century, the Teamsters have been a public voice for the rights and aspirations of working men and women and a key player in securing them.

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UNION CONACT INFORMATION

Secretary-Treasurer: Phone: 905-760-0209

Carl J Davis Toi free 1 800-387-9924

979 Derry Road East Fax: 905-760-8615 Mississauga, Ontario

L5T 2J7 e-rnai I: [email protected]

Business Representative: Phone: 905-760-0209 Cell: 226-545-0649

Jeff Beer Fax: 905-760-8615

979 Derry Road East e-rnai I: j eff. beer@tearnsters64 7. ca Mississauga, Ontario

L5T 2J7 Phone: 905-760-0209

Teamsters Local Union Office 979 Derry Road East Toi free: 1 800-387-9924 Mississauga, Ontario

L5T 217 Fax: 905-760-8615

Web Site: www.teamsters647.ca e-mail: union.office(ti2teamsters647.ca NESTLE UNION OFFICE Phone: 519-680-4094

If you are off work for longer than one month, discharged or voluntarily leave your job make sure you apply to Teamsters Local Union office 1-800-387-9924 for a withdrawal card. The responsibility is yours.

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COMPANY CONTACT INFORMATION

Nestle Canada 401 N es tie Sick Line Nestle Security Nestle Lobbv

Nestle Canada Factory 980 Wilton Grove Road

London, Ontario N6A 6C5

519-686-0182 519-680-4029 519-680-4044 519-680-3520

Nestle Supervisors Office 519-680-4019 Nestle Fax 519-686-1392

Employee Assistance Plan Information

Warren Shepell Consultants >-" 24 Hours A Day - 7 Days A Week >-" Employees and their Families ( Spouse & Dependents)

1-800-387-4 7 65

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