FEB 1 9 2010

COLLECTIVE BARGAINING INFORMATION SERVICES

COLLECTIVE AGREEMENT

Between

DELTA WIRE & MFG.

And

FILE No. .304- 0231v- \1.

CERT. FILE

CERT.DATE SePT. 11, ·1999

TOTAL EMPS 14--

EFF. DATE June 12, 2009

EXP.DATE OCT. '01, :2.011.

CODING CONTHOL DATE CODER :-------~ !DENT CODED

r---RECEIVED- Fe.- f.>. 1q, 2.010

~-----8 UNION_ ~. EMPLOYE.R I OTHER

TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS UNION LOCAL NO. 880

Expiry Date: OCTOBER 31, 2012

TABLE OF CONTENTS

ARTICLE 1: PURPOSE ................................................................................................ 2 ARTICLE 2: RECOGNITION ........................................................................................ 2 ARTICLE 3: NO DISCRIMINATION ............................................................................. 2 ARTICLE 4: UNION SECURITY ................................................................................... 2 ARTICLE 5: PLANT COMMITTEE ............................................................................... 3 ARTICLE 6: GRIEVANCE PROCEDURE .................................................................... 4 ARTICLE 7: ARBITRATION ......................................................................................... 6 ARTICLE 8: GENERAL GRIEVANCES ....................................................................... 6 ARTICLE 9: MANAGEMENT GRIEVANCES .............................................................. 7 ARTICLE 10: SENIORITY ............................................................................................. 7 ARTICLE 11: LOSS OF SENIORITY ............................................................................ 7 ARTICLE 12: LAYOFF AND RECALL. ......................................................................... 8 ARTICLE 13: SAFETY & HEALTH ............................................................................... 9 ARTICLE 14: PROMOTION AND JOB POSTING ...................................................... 11 ARTICLE 15: HOURS OF WORK ............................................................................... 12 ARTICLE 16:· LEAVE OF ABSENCE .......................................................................... 14 ARTICLE 17: PAY ON DAY OF INJURY .................................................................... 14 ARTICLE 18: REPORTING ......................................................................................... 14 ARTICLE 19: MEDICALS ........................................................................................... 15 ARTICLE 20: PAY DAY .............................................................................................. 15 ARTICLE 21: BEREAVEMENT ................................................................................... 15 ARTICLE 22: PAID HOLIDAYS .................................................................................. 15 ARTICLE 23: VACATIONS ......................................................................................... 17 ARTICLE 24: NO STRIKE OR LOCKOUT .................................................................. 17 ARTICLE 25: CLASSIFICATION AND WAGES ......................................................... 18 ARTICLE 26: INSURANCE AND WELFARE .............................................................. 18 ARTICLE 27: GENERAL ............................................................................................. 19 ARTICLE 28: SAFETY ................................................................................................ 19 ARTICLE 29: HOUSEKEEPING ................................................................................. 20 ARTICLE 30: DURATION ........................................................................................... 20 APPENDIX "A" ............................................................................................................. 21 APPENDIX "B" ............................................................................................................. 24 APPENDIX "C" ............................................................................................................. 26 APPENDIX "D" ............................................................................................................. 27

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ARTICLE 1: PURPOSE

1.01 The general purpose of this agreement is to establish and maintain collective bargaining relations between the Company and its employees to provide for settlement of grievances and to maintain satisfactory working conditions, hours of work and wages for all employees subject to this agreement.

ARTICLE 2: RECOGNITION

2.01 The Company recognizes the Union as the sole Bargaining Agent for all of its employees save and except, Foreman and persons above the rank of fnrPm;:~n nffir:A f"':IAri,..~l ~nrl e:~loc. e:t'!:lff ·-·--···-··' .............. , ...... ~ ........................ '"''""'''"''-' .............. .

2.02 The Union recognizes the right of the Company to hire, assign work, promote and demote, transfer, suspend or otherwise discipline and discharge any employee, subject to the right of the employee concerned to lodge a grievance in the manner and extent herein provided.

ARTICLE 3: NO DISCRIMINATION

3.01 The employer and Union agree that there will be no discrimination against any employee for any reason.

ARTICLE 4: UNION SECURITY

4.01 As a condition of continued employment, all present employees covered by this agreement shall become and remain members of the Union at the signing of the agreement and all new employees covered by this agreement shall become and remain members of the Union after the completion of their probationary employment. Only members with seniority on date of signing are to become members of union. All others are to become members upon achieving their seniority.

4.02 The Company agrees to check off initiation fees, regular monthly union dues and assessments in the amounts as authorized in accordance with the Constitution and By-laws of the International Union and the Local Union.

The Company agrees, for the duration of this Agreement, to deduct from the last pay cheque each month, the monthly dues of any employee covered by this Agreement, and to remit such monies so deducted to the

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head office of the Local Union along with a list of the employees for whom the monies were deducted not later than the fifteenth (15th) day of the month following the date upon which such monies were deducted. The check off list will include social insurance numbers and names. In the case of an employee on Worker's Compensation, the check off shall indicate that such employee was on W.C.B.

4.03 The Company agrees to show the total amount of dues deducted for the year, on each employee's T-4 slip when issued.

ARTICLE 5: PLANT COMMITTEE

5.01 a)

5.01 b)

5.01 c)

5.01 d)

The Company acknowledges the right of the Union to elect from the plant union membership, a Plant Committee composed of not more than one (1) steward and one (1) alternate steward per shift.

The committee shall meet monthly to maintain a harmonious relationship between management and labour. The committee shall be paid at their straight time hourly rate for attendance at scheduled meetings held on Company premises.

The Union Business representative may sit in on any and all such meetings. Notification of the Union Business representative shall be the responsibility of the committeeperson.

Each member of the above committee shall have at least one (1) year of seniority.

The Union agrees to notify the Company in writing from time to time of the names of the members of the Plant Committee and the effective date of their appointment.

If the Union Steward is absent from the Company's employment, the Company will recognize an alternate steward on that shift.

5.02 The Union will notify the Company in writing of the name of the Union Business Representative.

The Union Business representative shall be allowed to enter the Company's premises to deal with the administration of this Agreement, provided he does not interfere with the normal operation of the Company. Such entry is limited to the normal working hours of the plant, subject to prior notification to the Company.

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5.04 The Company agrees to pay Union Stewards at their regular rate of pay for a reasonable amount of time spent dealing with potential grievances or problems in the plant during the Union Steward's regular working hours, and does not include time spent on grievances after they have reached the arbitration stage. The above procedure shall also apply to group grievances.

5.05 The Union recognizes and agrees that stewards as well as other employees have regular duties to perform. Stewards will notify their supervisor of the department where they are respectively employed and shall be permitted during their working hours without loss of time or pay to attend to Union business requirements including but not limited to dues receipts, Workers' Compensation issues, Leaves of Absence issues, and discussions with management, union, and workers with complaints or grievances, subject to a maximum absence from their regular duties of one (I) hour within the hours comprising one working day. The time may be extended with mutual agreement of the supervisor and steward. (Such approval shall not be unjustly withheld).

Whenever, in the opinion of the supervisor concerned more than a reasonable period of time shall have been taken by a steward to accomplish such business requirements the supervisor of the department to which the steward is attached shall decline to approve payment to such steward for such excess time.

5.06 The Company will verbally notify the Union through the Alternate Steward, by telephone, or FAX prior to the suspension or discharge of a Steward.

5.07 The Company agrees to make available to the Union Stewards an Office, for their use when conducting union business.

5.08 The Company will provide an enclosed, locked bulletin board conspicuously placed for the exclusive use of the Union.

ARTICLE 6: GRIEVANCE PROCEDURE

6.01 a) Any employee who has any legitimate complaint or question shall first discuss the matter with their foreman. Their Union Steward shall accompany the employee when requested. Any matter not settled at this stage may become the subject of a grievance and dealt with as follows:

STEP N0.1

The grievance of the employee shall be stated in writing on a standard form to be supplied by the Union. The form shall be completed and

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6.01

6.01

6.01

signed by the employee making the complaint or question, and steward. The form will then be presented to the foreman who will answer the grievance in writing and return the form to the steward within five (5) working days of receipt. The Union Steward may sign off & settle the grievance at this point if the complaint has been satisfied.

STEP NO.2

If the decision of the foreman is not satisfactory, the steward may appeal the decision to the supervisor or management appointee in writing. Such meeting shall take place not later than five (5) working days after the appeal was registered or at such time agreed to by the parties. The Union Steward may sign off & settle the grievance at this point if the complaint has been satisfied.

STEP NO.3

If the decision in Step 2 is not satisfactory, the steward may appeal the decision to the Plant Manager or his designate. The Plant Manager or his designate shall contact the Local Union Business Agent and arrange for a grievance meeting at a mutually agreeable time in an attempt to settle the grievance.

STEP N0.4

If management's decision at Step No. 3 is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee within five (5) working days following the meeting at Step No. 2.

The Union Business representative shall be supplied by the Union, minutes of all labour Management Meetings.

b)

c)

d)

Any time limits mentioned in this Article may be extended by mutual agreement, in writing.

It is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) working days prior to the original presentation, except in the case of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

A grievance which has not been processed to the next step of the grievance procedure within five (5) days after the answer has been received, or a shorter period where such is stipulated, shall be

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deemed to have been withdrawn unless written notice to the contrary has been received.

ARTICLE 7: ARBITRATION

7.01 a) If the decision of Management is not satisfactory the Union may, by serving written notice of appeal to the Company, within ten (10) working days of the delivery of Management's decision, appeal there from to an impartial arbitrator to be selected by the parties to the agreement. Should the parties fail to agree upon an arbitrator within five (5) working days of receipt by the Company of the notice of appeal, then either party may request the Ministry of labour of the Province of Ontario, to appoint an impartial arbitrator. The decision of the impartial arbitrator shall be final and binding on both parties.

7.01 b) Each of the parties hereto will bear jointly the expense and fee of the impartial arbitrator.

7.01 c) The arbitrators shall not have jurisdiction to alter or change any of the provisions of this agreement, or to substitute any new provisions in lieu thereof, nor give any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreement. The arbitrator, however, in respect of a grievance penalty shall be entitled to modify such penalty, if in the opinion of the arbitrator; it is just and equitable to do so.

ARTICLE 8: GENERAL GRIEVANCES

8.01 An allegation involving the interpretation or violation of any provision of this agreement may be lodge in writing by the Union with the management of the Company, or by a representative of the Company with the Union. Such grievance shall be lodged beginning with Step No. 3.

Should the parties fail to agree on settlement of the issue, it may be appealed to an arbitrator within the time and in the same manner and to the extent set forth in the grievance procedure Steps 3 and 4.

Such general grievances shall not be lodged unless the grievance could not properly be processed by an individual employee, and in any case the Union and the Company agree that a general grievance will not be used to circumvent any provisions of the grievance procedure.

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ARTICLE 9: MANAGEMENT GRIEVANCES

9.01 It is understood that the Company may bring forward at any meeting held with the Joint Committee any complaint or grievance with respect to the conduct of the Union, its officers, committee people, or with respect to the conduct of the employees generally. If such a complaint or grievance is not settled to the mutual satisfaction of the conferring parties, it may be referred to arbitration in the manner provided for in the grievance procedure.

ARTICLE 10: SENIORITY

10.02

10.03

10.04

10.05

10.06

Any employee hired shall be considered to be on probation and will not be nl~rorl nn tho. ~oninrih, li~+ ••n+il fh..-..•• h ... ~,,... ,.,...,.. ..... ! ...... .f..-......1 .-. ........... ,...! ..... + nn ..J ..... .... f"''...._.....,...,._. '-"'' '-'''- .,;:o'-'IIIVIII.y 11~'- \..111\11 LIIVY IIOVt;;; VVIIIIJICLC"U Cl LUlCU Ul VV uay;::, worked for the Company.

Employee's names shall appear on the seniority list in the order of their respective dates of hiring.

Until an individual has completed their probationary period they shall not be eligible to any of the rights or privileges of seniority or access to the grievance procedure under this collective agreement.

Seniority lists shall be kept current and shall be posted on the Union bulletin board and revised quarterly.

The purpose of seniority is to provide a policy governing work assignment, layoffs and recalls as set out in this collective agreement.

ARTICLE 11: LOSS OF SENIORITY

11.01 An employee shall lose their seniority and their employment will be terminated for any of the following reasons:

a) If an employee voluntarily quits the employ of the Company. This shall include any employee who leaves the Company premises without authorization.

b) If the employee is discharged for just cause.

c) If the employee has been laid off and fails to return within three (3) working days after they have been notified to do so by the Company or by registered mail addressed to the last address on record with the Company.

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NOTE: It is the employee's responsibility at all times to keep the company and the Union advised of their correct home address and telephone number.

d) If an employee fails to return to work on the first day following the expiration of a leave of absence granted by the Company without securing an extension of such leave in writing.

e) If an employee is absent from work for three (3) of his/her consecutive shifts which he/she had previously been scheduled to work, without notifying the Company or securing a leave acceptable to the Company.

f) If an employee accepts other employment or self-employment while on leave of absence.

g) If a seniority employee is laid off by the Company in excess of 12 months.

ARTICLE 12: LAYOFF AND RECALL

12.01

12.02

a) In the event of a layoff, the following procedure will apply:

1) All non-seniority employees will be the first laid off.

2) Employees with the least seniority will be laid of in order of their seniority.

3) The employees to be kept on the basis of seniority must be able and qualified to perform the work available.

4) Stewards shall be continued at work as long as there is work in the plant they are able to do.

When recalling employees who have been laid off, recall will be made in the reverse order of the layoff procedure, provided the employees eligible for recall are able and qualified to perform the work, which is available.

Employees not able to perform their regular duties due to illness or injury shall remain on layoff status with medical evidence until they are able to resume their regular duties with medical evidence. It will be the responsibility of the employee to notify the Company when they have recovered and are able to return.

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12.03

12.04

Employees being recalled will be contacted directly at their last phone number on record with the company, failing to contact directly; employees will be contacted by registered mail at their last address on record with the Company.

Whenever practical, notice of layoff shall be given to seniority employees as soon as possible in advance of layoffs.

ARTICLE 13: SAFETY & HEALTH

13.01

13.02

The Company, Employees and Union agree to maintain the highest standard of safety, health, sanitation and working conditions in and around the Company's premises.

The Company and the Union shall maintain a Joint Occupational Health and Safety committee. There will be a member on each shift elected or appointed by the Union.

In the event that a regular safety committeeperson is absent from the plant the union may appoint and the Company will recognize an employee designated as an alternate safety committeeperson who will act only during the period of absence of the regular safety committeeperson.

13.03 The general duties of the Joint Occupational Health and Safety Committee shall:

13.04

a) Require one worker representative and one management representative to make a monthly inspection of the workplace plant areas for the purpose of determining hazardous conditions and to check unsafe practices.

b) Hold a Joint health & Safety Committee meeting once a month for discussion of current accidents, their causes, suggested means of preventing their recurrence, reviewing reports of the workplace inspections, and any other matter deemed relevant by the Committee.

c) Keep minutes of meetings. The minutes shall indicate what action has been taken with respect to suggestions or recommendations previously made, and if no action has been taken, the reason therefore shall be given. Keep records of all investigations and inspections performed by the Committee.

A member of the Joint Health and Safety Committee representing workers shall have the right to accompany a Ministry of Labour Safety Inspector on

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_ a_jllant inspection or investigation and shall receive copies of any reports_ sent to the Company pertaining to such inspections.

13.05 Reports required by the Ministry of Labour under the Occupational Health and Safety Act (O.H.S.A.) shall be available to the Safety Committee. The Company also agrees to make available to the Committee upon request, the trade name and or technical description, (including chemical analysis, if available) of any compounds and substances used in the plant.

13.06 a) The Company shall provide time off without loss of pay for one (I) Union member of the Joint Health & Safety Committee to receive certification training. Such training must be approved by the Ministry of Labour as meeting their training requirements for certifying a Joint Health and Safety committee member representing workers (certified member.)

b) The time spent by the Certified Member in the performance of his/her duties as a member of the Joint Health and Safety committee shall be recognized by the Company as work time, and he/she shall be paid at the applicable hourly rate plus any premiums, if applicable.

13.07 The Company agrees to keep posted in a conspicuous place in the Plant a copy of the Occupational Health & Safety Act (O.H.S.A.) for employee review.

13.08 No employee shall be disciplined because the employee has acted in compliance with the Occupational Health and Safety Act.

13.09 Any new substance, material agent or chemical shall be introduced into the workplace with an up-to-date Material Safety Data Sheet supplied to the Joint

13.10

Health and Safety Committee. Employees will be trained according to the requirements of O.H.S.A.

The Company has the right to formulate and publish from time to time, rules and regulations to ensure the safety and health of its employees and the terms and conditions upon which special equipment and clothing is issued to employees. Such rules and regulations shall not be inconsistent with the provisions of this agreement.

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ARTICLE 14: PROMOTION AND JOB POSTING

14.01

14.02

14.03

14.04

Persons· occupying a job not covered by the terms of this collective agreement, but who previously acquired seniority in the bargaining unit, shall be given the right to transfer back to a job in the bargaining unit, within sixty (60) days.

Vacancies in regularly assigned jobs and newly created jobs shall be posted for five (5) working days (excluding weekends and Holidays) on Company bulletin boards accessible for all employees. Such bulletins will show the job title, job requirements, rate of pay and to whom the application should be directed.

In the event two (2) or more employees apply, the most senior applicant with the necessary qualifications to perform the work shall be given the job. If the senior employee is awarded the position and his position requires training of a new employee, the employee that has been awarded the new position may be required to train the person filling his old position prior to him moving to his new job. A temporary position will be created for another employee until the training period is complete.

If an employee has applied for a vacant position or a newly created position and has been accepted under the conditions stated in Job Posting, he/she shall have to complete a training period of 720 hours as outlined below.

The length of the training period shall be seven hundred and twenty (720) hours worked. During the training period, the trainee shall receive 4 increases in hourly pay-rate which shall bring him/her up to the full rate of pay for the respective job classification.

The increases shall be as follows: The increase in wages for training shall be determined by taking the difference between the full rate of pay of the old wage classification and the new wage classification. Each increase during the training period will be equal to 25% of the difference between the two classifications at the time training begins. The training allowance is in addition to the employee's current rate of pay regardless of whether or not the employee has achieved the full rate of pay for their classification, in which case both the training and the employees regular wage status-will have to be considered.

PHASES OF TRAINING

Upon start of training + 25% of wage difference

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After 240 hours of _training worked _ __ _ _ _ ±25%oLwagadifference_

After 480 hours of training worked

Upon completion of training (720 hours of training worked)

+ 25% of wage difference

+ 25% of wage difference (FULL RATE)

If management should decide during the training period that the employee is unsuitable for the job, the employee shall return to his former job classification and revert to his former pay rate immediately. In the event that this occurs, the employee may be considered for training again at a later date, in which case he/she will have to recommence training from the start and will not receive credit for previous training, which was not entirely completed.

ARTICLE 15: HOURS OF WORK

15.01 The regular work week shall consist of five (5) days per week. The regular workdays will be Monday to Friday.

The hours of work shall be up to forty (40) hours per week. The regular workday shall be from 7:00 a.m. and 3:30 p.m. All work performed in excess of forty (40) hours in one week shall be paid for at time and one half (1 Yz).

Summer hours, consisting of a 1 hour earlier start time for each shift will be in affect from July 1 to August 31. (Example, day shift 6:00 a.m. - 2:30 p.m.)

Above noted times will be in effect for all employees except one painter, paint line loaders or unloaders and a lift truck driver for shipping and receiving. These hours will be offset by one (1) hour.

The Lunch period shall be between the hours of 12:00 o'clock noon and 12:30 p.m. or as close to mid-point of the shift as possible. The employees shall receive two (2) ten minute paid breaks. First break will run from 10:00 a.m. to 10:10 a.m. Second break will run from 2:30 p.m. to 2:40 p.m. A five minute wash up time will be allowed at the end of each shift.

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Employees are required to be at their workstation until the beginning of __ l:>reakllunch_J:leriods and be backJltllliill workstation readylo work when __

the lunch period is over. Employees are allowed 1 minute after the break to return to their work station. A buzzer will be added to indicate the minute.

If an employee is required to work on a Sunday he shall be paid two times his/her applicable rate of pay for the hours worked.

Should an afternoon shift be required, the hours of work shall fall between the hours of 3:30p.m. to 12:00 a.m. First break shall be 5:30p.m. to 5:40 p.m .. Lunch will be from 7:30p.m. to 8:00p.m. Last break will be from 10 p.m. to 10:10 p.m. (Hours will offset 1 hour during summer hours.)

Should a third shift be required, each shift will work 8 hours/day, 5 days/week, with a twenty (20) minute paid lunch period as well as 2 - ten (10) minute paid breaks.

The employer agrees to give notice of overtime as far in advance as is practical. Up to eight (8) hours overtime per week shall be mandatory. Overtime shall be first offered to and shall be equally distributed among the employees regularly doing the job. Overtime for Saturday, if not posted by noon Thursday is on a voluntary basis only.

When a holiday occurs during a workweek the holiday shall count as part of the regular 40 hours when calculating overtime over the 40 tiour workweek.

All employees are required to work a minimum of 8 hours overtime per week if it is deemed necessary to meet our production requirements, and are asked by a supervisor. Anyone refusing this overtime will be treated as absent for that day. Overtime in excess of eight (8) hours per week is on a voluntary basis only. Mandatory overtime must be posted by the company by the beginning of the Lunch break on Thursday for each scheduled shift. If overtime is not posted by this time, the overtime shall be on a voluntary basis only.

15.02 The Company agrees to pay four (4) hours of wages in the event that an employee reports for work in the usual manner at the beginning of their scheduled shift and is prevented from starting work due to any cause not within his control. This provision shall not apply when such prevention is due to a labour dispute, fire, floor or plant-wide utility failure. The Employee must stay for one (1) hour in order to receive the above.

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ARTICLE 16: LEAVE OF ABSENCE

16.01 An employee will be allowed a thirty (30) day leave of absence without pay for personal reasons if:

a) He requests it from the Employer in writing, and

b) The leave is for a good reason and does not seriously affect operation, except in the cost of emergency situations, e.g. death, illness of immediate family where leave shall be granted regardless. A leave of absence will be extended for an additional 30 days if there is a good reason, and the Employer and the Union mutually agree. The employee must request the extension in writing before his 30 days !eave is up.

Any leave of absence will be in writing and no such leave will affect any employee's seniority rights when used for the purpose granted.

Any employee who accepts gainful employment during a leave of absence shall be deemed to have voluntarily terminated his employ with this Company.

An employee who has requested a leave of absence is not entitled to holiday pay should a holiday fall in the period of the requested leave.

ARTICLE 17: PAY ON DAY OF INJURY

17.01 An employee hurt in an industrial accident shall be paid for the time lost on the day he was injured at his regular daily earnings if he is unable to return to work.

The employer shall provide transportation and pay for time spent by the employees during their regular shift hours for medical treatment required as a result of an industrial accident or industrial disease on the day of the injury.

It is not the intent of the above prov1s1ons to make the Employer responsible for the payment of such time and transportation which is compensated by the Workmen's Compensation Board.

ARTICLE 18: REPORTING

18.01 New employees shall be responsible for informing his employer of his full name, address and telephone number.

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Each employee shall be responsible for reporting any change of address, and/or telephone number within twenty-four (24) hours of such change.

Any employee who is called back to work after having finished his normal day's work shall receive a minimum of four (4) hours pay.

Each employee must call in and report if he/she is going to be absent for the day, within one half hour (%) of the beginning of the shift they are on. This is to be done for every day absent.

ARTICLE 19: MEDICALS

19.01 Any medical examination requested by the Company shall be promptly complied with by all employees provided, however, that the employer shall pay the costs of all such examinations. The Company reserves the right to select their own medical examiner or physician, and the Union may, if in their opinion an injustice has been done to an employee, have said employee re-examined at the Union's expense.

ARTICLE 20: PAY DAY

Pay day will be before the end of the regular scheduled shift on Thursday of each week.

ARTICLE 21: BEREAVEMENT

In the event of a death of an employee's spouse, child, mother or father, the employee shall be allowed five (5) days off without loss of pay.

In the event of a death in the employee's family as listed, (brother, sister, grand-mother, grand-father, mother-in-law, father-in-law, sister-in-law, brother-in-law) the employee shall be allowed three (3) days off without loss of pay for grieving, with proof of obituary.

ARTICLE 22: PAID HOLIDAYS

The Employer consents and agrees to pay to its employees in respect of whom this Agreement is entered into, eight (8) hours wages at the then applicable rate in respect to the following holidays, being:

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New Year's Day Extra Good Friday Victoria Day Extra Canada Day Civic Holiday Labour Day Thanksgiving Extra Christmas Eve Christmas Day Boxing Day New Year's Eve

January 1 February April May June July 1 August September October November 11 December 24 December25 December26 December 31

All weekdays that fall between Christmas & New Years will be scheduled days off without pay if they are not covered by the above listed paid holidays.

When such holiday(s) fall on any day other than a work day, another work day will be proclaimed and shall be observed as the official holiday.

Only employees who are on the seniority list and work their full scheduled shift before and after the said holiday will be paid for said holiday provided they are not on lay-off. The employee's rate for holiday pay will be the highest rate the employee earned on the scheduled shift on the day before said holiday.

An employee with a medical certificate dated on all missed scheduled shifts before and/or after the holiday, or management approval outlining his reason for not working the scheduled shift before or after the holiday as per above herein will still be paid for the holiday provided all other conditions are fulfilled.

In the event that one or more of the holidays occurs during an employee's vacation, he shall be paid for the holiday(s) in addition to his vacation pay. The employee must stipulate prior to his vacation period if he wishes to take an extra day(s) in lieu thereof.

An employee required to work on any of the above mentioned holidays shall be paid at the rate of two times (2x) the then rate of pay for the job they are performing that day in addition to their holiday pay or triple time.

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ARTICLE 23: VACATIONS

23.1 Each employee shall be entitled to an annual vacation with pay in accordance with the employee's length of service as provided in the following manner:

Employees with less than one (1) year's continuous service, part-time and casual help, shall receive vacation pay at the rate as set forth in the Hours of Work and Vacation with Pay Act of Ontario, and as amended by the Employment Standards Act, which is equal to four percent (4%).

Employees who have completed between 1 - 3 years in the employ of the Company shall receive one (1) week off for every year worked with \/!=ll"":!=ltinn n:::nt ,...::tff"'lll!lft::~.rl <::~t fn11r no.rl"'.o.nt lAO/,.\ 1"\f n:rnc-C' .o<::~rninnc--~ ................. ,., ...... .] .., .... ,..., ... ,._..,,.....,.. ._.,.,..., .... ,I-''-''""''"'"" \---.-FUJ ...,, ~,...,~ .... ._. .... ,,.,,,l::::f .... .

Employees who have completed 3 years or more in the employ of the Company shall receive three (3) weeks off with vacation pay calculated at seven percent (7%) of gross earnings.

Employees who have completed 8 years or more in the employ of the Company shall receive four (4) weeks off with vacation pay calculated at eight percent (8%) of gross earnings.

Employees who have completed 15 years or more in the employ of the Company shall receive five (5) weeks off with vacation pay calculated at ten percent (1 0%) of gross earnings.

Vacations will be taken at a time mutually satisfactory to the employee and the employer.

All vacation requests are to be submitted four (4) weeks prior to the requested time off in writing to the supervisor. Requests will be answered one week after they are submitted.

If vacation requests have not been responded to within one (1) week, then it will be deemed to be approved. When requests are submitted a copy of the request must be signed by a supervisor and a copy given to the employer. When submitting a request it must be given to a supervisor.

ARTICLE 24: NO STRIKE OR LOCKOUT

24.01 The Company agrees that during the term of this Agreement there will be no lockout and the Union agrees that so long as this Agreement continues to operate, it will not cause, authorize or sanction, or threaten to call, authorize or sanction any picketing or strike activity, including any sit-down

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stay in, slowdown, curtailment of work, or restriction of or interference with the production of the Company, nor shall the Union permit any employee in the bargaining unit to cause, counsel, procure, support, encourage or take part in any such activity. The Union further agrees that it shall not involve any employees of the Company, or the Company itself in any dispute which may arise between any other company and the employees of such other company.

ARTICLE 25: CLASSIFICATION AND WAGES

25.01 The schedule of Job Classification and rates of pay applicable thereto as Appendix "A" and forming part of this Agreement.

All employees shall be paid the rate of pay with respect to the job classification of the task they are performing on a daily basis. If an employee performs a job from 2 different classifications in the same day, the employee shall receive the highest rate of pay for the day.

In the event that it is necessary for an employee to go from a higher classification to a lower classification due to a lay off or lack of work, the employee's rate of pay will drop to the lower rate of pay to reflect the lower classification immediately.

In addition, if an employee is required to fill in temporarily in a higher classification position, the employee shall be paid the higher rate of pay for the time he/she is doing the higher classification job, provided that the employee has previously completed the training period for that particular classification.

It is the responsibility of both the employee as well as the employee's immediate supervisor to have time cards marked to reflect the rate of pay they will receive due to the classification with regards to the job they are performing. No rate changes due to a change of classification will be considered without the supervisor's signature on the time card.

ARTICLE 26: INSURANCE AND WELFARE

26.01 The Employer agrees to pay the full cost of the insurance and welfare plan as set forth in Appendix "8" attached hereto and forming part of this Agreement for all eligible full time employees.

The Company agrees to pay up to and not exceeding six (6) months premium in addition to absence due to illness for all eligible employees

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with medical evidence from a physician. This is to carry the employee's benefits from date of illness to the time that long term disability is active.

ARTICLE 27: GENERAL

27.01

27.02

27.03

27.04

27.05

Any rights and privileges enjoyed by the employees in respect to their job classification prior to the execution of the Agreement shall be continued and no change shall be put into effect with the following exceptions.

If an employee voluntarily requests a transfer to a lower paid job classification then the premium rate of pay he is receiving prior to his transfer shall cease immediately. His then rate shall be as set at the then rate of pay for the job classification to which he has transferred.

ALL POLICIES AND PROCEDURES OF DELTA WIRE & MFG. are to be considered as part of this contract. It is the responsibility of each employee to be aware of and knowledgeable of all company policies and procedures.

The Company will reimburse operators up to fifty percent (50%) of the purchase price and one hundred percent (100%) of the replacement cost of hand tools and measuring tapes needed for their job and approved by the foreman. Receipts must be provided.

If any employee with seniority has been called for active Jury Duty, the Company will reimburse him/her the difference between his regular hourly rate and the allowance by the court.

The length of Jury Duty will not affect his/her seniority in any way.

ARTICLE 28: SAFETY

28.01 Safety glasses are compulsory for all employees. These are provided by the company. If lost, the employee pays the replacement cost.

The Company will supply five (5) pairs of overalls or shop coats for employees. The Company will replace such garments after a reasonable time period, and if they are beyond the stage of repair, providing the garments have been used exclusively for shop work. Garments will be washed and maintained at employer's expense.

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ARTICLE 29: HOUSEKEEPING

29.1 To ensure safe and respectable working conditions, the machine operators and their helpers are responsible for keeping the work areas around the equipment clean. Cleaning of the main plant, storage areas, and scrap removal shall be done by one or two employees as needed.

ARTICLE 30: DURATION

30.01 THIS AGREEMENT shall become effective on date of ratification and shall remain in full force and effect until the 31st day of October, 2012, and from year to year thereafter, unless notice or amendments by either party is given by registered mai! within 90 days of date of expiration, setting forth the amendments desired.

30.02 THIS AGREEMENT shall be binding upon the parties hereto, their Successors, Administrators, Executors and Assigns.

30.03 THIS AGREEMENT shall continue in full force and effect until a new agreement is reached.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS c~,.\ DAY OF ~0 , 20cre:: \0

FOR THE COMPANY DELTA WIRE & MFG.

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FOR THE UNION TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS UNION LOCAL NO. 880

APPENDIX "A"

CLASSIFICATION AND WAGE RATES

Wages:

Labourer Painter Mesh Welder Operator Wire Straightener Wire Drawer Forklift Driver "A" Forklift Driver "8" Mig Welders

Long Service Bonus:

Upon Ratification

$16.50 17.00

18.25 17.50 17.00

17.25

16.75 16.70

Additional $.15/hr after five (5) years of employment Additional $.15/hr after ten (1 0) years of employment Additional $.1 0/hr after fifteen (15) years of employment

Wage Schedule for New Hires

Starting Rate $2.00/hr less than full rate of labourer. After 90 days worked $1.50/hr less than full rate of labourer. After 180 days worked $1.00/hr less than full rate of labourer. After 270 days worked $ .50/hr less than full rate of labourer. After 360 days worked Full rate of labourer.

Shift Premium

Afternoon shift+ $.40/hour above Day shift Midnight shift + $.50/hour above Day shift

Wages shall not exceed the full pay rate of the respective Job Classification except in Maintenance or Trade where exception may be made.

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Perfect Attendance Bonus

To supplement wages, the Company will give a weekly perfect attendance bonus as outlined below to all employees that achieve perfect attendance, 40 hours, from Monday to Friday, (8 hours/day, 5 days/week).

Effective date Upon ratification

Hourly perfect attendance bonus $2.00/hr

If an employee has earned the perfect attendance and is schedule to work 0/T that week, their 0/T rate will = (Rate/hr + bonus) x 1%.

Employees will loose their perfect attendance for the following reasons:

a) Employee works less than 40 hours from Monday - Friday b) Employee punches in more than three (3) minutes late c) Employee fails to punch in or out d) Employee punches out early e) Doctors notes do not count towards perfect attendance. f) Employee off on Workers Compensation. g) Employee has approved vacation for entire week.

The following will be counted towards 40 hours for perfect attendance:

a) Employee has scheduled vacation for part of the week, in which case the employee will receive bonus for hours worked if they work all scheduled hours for remainder of week.

b) Are on bereavement leave in which case the employee will receive bonus for hours worked if they work all scheduled hours for remainder of week.

c) Are sent home early by the Company due to uncontrollable circumstances such as power failure, and would have achieved perfect attendance if not for these circumstances.

Perfect Attendance Bonus Free Passes:

1) The Company will allow 2 free passes with regards to weekly perfect attendance. This will allow an employee to fail to meet the requirements for the perfect attendance bonus without loosing the bonus pay for the week in question. This

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will be allowed twice in a one (1) year period running from Nov. 1, to Oct 31 of the following year.

2) The company agrees to pay an additional bonus to those employees that do not use any of the free passes to obtain perfect attendance throughout the year. If an employee achieves unassisted perfect attendance throughout the year they shall be paid a bonus of $300.00. This bonus cheque will be paid out with the last pay prior to the Christmas holiday.

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APPENDIX "8"

Health & Welfare

1) The Company will pay all premiums for the following benefits after six (6) months of continuous employment for the following:

a) Life insurance- graduated with income D/A double indemnity accident

b) Drugs and Health guard benefits- drugs paid 100% as listed in the benefit package.

c) Long Term Disability as outlined in the benefit package.

2) The Company will directly reimburse the employees for the following benefits after six (6) months of continuous employment.

3)

4)

5)

a)

b)

c)

d)

Vision care coverage up to a maximum of $175.00 per year for each employee and/or their eligible dependents paid by Delta Wire & Mfg. with presentation of the receipt. This is not cumulative from one year to the next.

Prescription safety glasses will be reimbursed up to a maximum of $100.00 per year for employees only with presentation of the prescription and receipt. This is not cumulative from one year to the next.

Dental Care - Unconditional reimbursement with presentation of a receipt to a maximum of: $500.00 for each employee and/or their eligible dependents. Dental care runs from January 1 to December 31 and is not cumulative.

A maximum of One Hundred Dollars ($100.00) plus G.S.T. annually will be provided by the company to any employee with one (1) year or more seniority for protective footwear.

Short Term Disability- covered by E. I. Sick Benefits

Benefit coverage will continue for sixty (60) calendar days after date of layoff

Employees are allowed to assume responsibility of continuing the benefits covered by the benefit package as listed in 1) a), b), & c) to extend their benefits by paying the premiums directly to the benefit company in case of lay off, termination, or voluntarily ending their employment relationship

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with the Company. This only applies to those benefits that are covered by the benefit plan, not those directly reimbursed by the Company. This is subject to the provision of the benefit plan and must be converted within a specified time period from leaving the Company. This only applies to those employees that are previously covered by the benefit plan prior to leaving the Company.

Note: An eligible dependent includes the employee's spouse and children up to eighteen (18) years of age if out school and living at home or up to twenty-two (22) years old if going to college or university. Proof of enrolment must be supplied upon request.

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APPENDIX "C"

PENSION

The Company will give a contribution of $0.65¢ per hour for every hour worked, toward a pension plan. In order for the employee to receive the company contribution the employee must match the $0.65¢ per hour contribution personally. The employee contribution will be deducted from the employee's weekly pay cheque.

GENERAL

The Company will provide a working refrigerator in the upstairs lunchroom for the employee's use. The employees are responsible for maintaining the cleanliness of the refrigerator.

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APPENDIX "D"

DISCIPLINARY ACTIONS

For repeated violations of minor rules and regulations, progressive discipline will be imposed as follows:

FIRST OFFENCE

Verbal warning confirmed in writing

SECOND OFFENCE

Written warning

THIRD OFFENCE

Final warning and three (3) day suspension of record

FOURTH OFFENCE

Employee will be subject to discharge

With respect to suspensions, the Company reserves the right to note the suspension on the employee's record and not have the employee serve the time.

Any employee may clear their disciplinary record after one (1) year without any disciplinary actions.

For major infractions, the offence will determine the severity of the discipline imposed, which may include immediate termination.

All disciplinary action must be issued within three (3) working days from the time the infraction became known to the Company with a copy to the Plant Committee, otherwise the action will be considered null and void.

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IMP 0 R T A N T N 0 T E:

If you leave the employee of the Company, contact your Local Union either in person, or by mail, fora WITHDRAWAL CARD.

WITHDRAWAL CARDS can only be issued to a member whose dues are paid to and including the month in which the withdrawal card is requested.

IF YOU ARE NOT WORKING DUE TO SICKNESS, LAY-OFF, WORKMAN'S COMPENSATION, ETC., NOTIFY THE UNION OFFICE & OBTAIN A WITHDRAWAL CARD.

WITHDRAWAL CARDS ARE VALID ONLY WHEN A MEMBER IS NOT WORKING AT THE CRAFT.

KNOW YOUR AGREEMENT: . .... MAKE SURE YOU KEEP IT FOR YOUR FUTURE REFERENCE. IF THERE IS ANYTHING ABOUT WHICH YOU MAY BE IN DOUBT, ASK YOUR STEWARD TO ADVISE YOU, OR CONTACT YOUR LOCAL UNION OFFICE.

ALWAYS

1) ATTEND YOUR UNION MEETINGS.

2) Help new employees become acquainted with the agreement.

3) If you leave the employ of the Company, contact your Local Union Office for a withdrawal card.

4) If you leave the employ of the Company, or are laid off, register with the Local Union Office so that we may help you to find employment elsewhere.

"BE A GOOD UNION MEMBER"

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