agreement · 11 7.1-wages 11 7.2-temporary assignments 11 7.3-terms and conditions 8 12 holidavs 12...

AGREEMENT

between

United Plastic Components Inc.

and

OCT 0 3 Z005 COLLECTIVE BARGAINING INFORMATION SERVICES

Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 879, Affiliated With The International Brotherhood of Teamsters

Table of Contents

Article Page Title 1 3 Agreement

2 4 Purpose of Agreement 4 1.1 - Purpose

FILENo. ~~s- () q g CERT.FILE /9 € /- J9f{{,~ CERT.DATE3f-OCi-/9?6

3 4 Recognition 4 3.1 - Union Recognition 4 3.2 - Company Recognition 5 3.3 -Membership and Check-off 5 3.4 - Representation

IPTALEMPS Ot~ EFF. DATE 0 I-NO V-&XJ+ EXP. DATE ~ j.-o er-'*2co~

4 6 Grievance Procedure 6 4.1 -Discussion 7 4.2- Steps 7 4.3 - Discharge and Disciplinary

Procedures

5 7 Arbitration 7 5.1 -Request for Arbitration 8 5.2 - Arbitration Expenses 8 5.3 - Arbitration Board's

Rights or Power

CODING CONTROl,.. j O.%i ci'oER IDENT CODE~~~ q, ~5 RECEIVED- /

UNION I vf EMPlOYER T OTHER

6 8 Hours of Work, Overtime and Premium Pay

8 6.1 - Discussion 8 6.2 - Basic Work Week 8 6.3- Normal Hours- Non-

Extruder Personnel 9 6.4- Normal Hours- Extruder

Personnel 9 6.5 - Overtime and Premium Pay-

Normal Hours

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10 6.6 - Overtime Agreement 11 6.7- Modified Work Week-

Extruder Personnel 11 6.8 - Reporting Allowance

Article Page Title 7 11 Wages

11 7.1- Wages 11 7.2- Temporary Assignments 11 7.3- Terms and Conditions

8 12 Holidavs 12 8.1 - Holidays 12 8.2 - Holiday Observance 12 8.3 - Holiday Pay

9 13 Vacation 13 9.1 - Vacation Entitlement 13 9.2 - Method of Payment 14 9.3- Vacation Cheques 14 9.4- Employees on Vacation 14 9.5 - Annual Shutdown 14 9.6- Vacation Pay Upon Lay Off

10 14 Seniority 14 10.1 - Job Opportunity and

Security 15 10.2 - Probationary Period 15 10.3 - Seniority and Employment

Termination 15 10.4 - Seniority Accumulation 15 10.5 - Seniority and Status

Information 16 10.6 - Lay-offs 16 10.7 - Job Posting 16 10.8 - Retention of Seniority

after Promotion

11 17 General Provisions 17 11.1 - Health and Safety 17 11.2 - Leave of Absence 18 11.3 - Bereavement Leave

Article Page 18 11.4 - Jury Duty 19 11.5 -Bulletin Boards 19 11.6- No Discrimination 19 11.7 - Union Activities 19 11.8 - Union Representatives 19 11.9 - Pay on Day of Injury 19 11.10 - Summer Students 20 11.11 - Subcontracting 20 11.12 - Tool Allowance 21 11.13 - Copies of Agreement

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12 21

13 21

14 22

15 22

16 23

24-27

28

Continuity of Operations

Pension Plan

Benefit Piau

Duration

Agreements

Appendix "A" Wage Rate Schedule

Letter of Understanding-#! (Casual and Part-time Help)

Article 1

AGREEMENT

This Agreement is made aUJ]. entered into this the J :2. rA... day of 1}--F ;e_, '- , 2005 by

United Plastic Components Inc.

hereinafter called the Company of the First Part

-and-

Teamsters, Chauffeurs, WarehouSemen and Helpers Local Union No. 879,

Affiliated with the International Brotherhood of Teamsters

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representing the employees of the Company, hereinafter called the Union, of the Second Part.

Article 2

2.1. Purpose

The Purpose and intent of this Agreement is to establish fair wages, hours, and working conditions for the employees in the bargaining unit, to secure prompt and equitable disposition of grievances and to provide orderly relations between the Company and the Union.

Article 3

RECOGNITION

3.1. Union Recognition

The Company recognizes the Union as the sole and exclusive bargaining agent for all of its employees save and except Shift Foremen, persons above the rank of Shift Foremen, security guards, office and sales staff.

Persons whose regular jobs are not in the Bargaining Unit shall not work on any jobs which are included in the Bargaining Unit except when regular employees are not available, or for the purpose of:

1. Training I Instruction 2. Research and Development 3. Temporary Relief 4. Assist in Setups when required or requested

From time to time, the Company may determine that lead hands are required to perform work which might otherwise be performed by a non-union employee under the terms of this Article. These lead hands will be required to perform a variety of functions including, among other things: (a) work assignments to those who they are leading (b) instructions and training of union employees (c) assure maintenance of quality standards (d) maintenance of order and discipline in the work place (e) provide reports of incidents affecting maintenance of order in the workplace. (f) perform function of foreman when not available.

These lead hands will be selected by the Company according to the terms and conditions of Article 10, Section 7. In addition, lead hands will not hire or fire union employees.

3.2. Company Recognition The Union recognizes that it is the function of management to manage the affairs of the business and to direct the working forces of the Company. Managements functions include, among others:

(a) Determining the products and schedules of production and the methods and sequence of manufacturing processes;

(b) Assessing the capabilities and productivity of its employees for the purpose of

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classification and job assignment. Tills recognizes the highly technical nature of plastics production and the requirement for competent personnel. This Section is subject to the provision contained in Article 10, Section 1 of tills Agreement;

(c) Maintenance of discipline of employees, including the right to make reasonable rules and regulations, providing however, that any dispute as to the reasonableness of such rules and regulations or any disputes involving claims of discrimination against any employee in the application of such rules and regulations shall be subject to the Grievance Procedure of tills Agreement;

(d) The right to discharge, suspend or discipline employees for just cause, and also to hlre, transfer, promote, demote and assign employees to shifts with due regard for the terms and conditions of this Agreement.

3.3 Membership and Check off

(a) All present employees within the bargaining unit on the affective date of tills Agreement and every new employee upon completion of the probationary period of fifty (50) days worked, shall join the Union as a condition of employment with the Company. ·

(b) The Union will supply the Company with Application for Membership forms. It will be the responsibility of the Company to ensure that these forms are completed at the time of hire and to returo these completed forms to the Union within seven (7) days of the date of hire.

(c) The Company agrees that it shall deduct from all employees in the bargaining unit, including probationary employees, an amouot equal to the regular monthly Union dues. Said sums shall be remitted to the Union no later than the fifteenth (15th) day of the month following and the Company shall, when remitting such dues deductions, submit a list of the names of the employees from whom such deductions were made. Errors made by the Company in deductions and/or remittances of money shall not be considered by the Union as a violation of this provision, provided that such enors are corrected when brought to the Company's attention. Deductions will be made by the Company from the first pay period of each month.

(d) The Union further agrees to save the Company harmless from any legal action growing out of these check -off deductions that may be instituted by an employee involved therein.

(e) In the event of any employee in the bargaining unit failing to work the week that Union dues are deducted because of accident, sickness, leave of absence, vacation or lay-off and his/her regular monthly Union dues are not remitted to the Union, the Union shall inform the Company of the names of those whose regular monthly Union dues were not deducted. Upon receipt of tills list, the Company shall deduct these dues from the first full pay earned by the employee on his/her return to work and remit them to the Union with the cunent month's due deductions. Arrangements may be made between the Company and the Union to repay arrearage by installments.

(f) The Company shall show the yearly Union monthly dues deductions on employee's T-4 Slips.

3.4, Representation

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(a) The Company recognized the right of the Union to appoint a shop steward(s) from employees in the bargaining unit for the purpose of assisting employees in processing grievances. The Union shall keep the Company informed in writing of the name of the steward( s) and the effective dates of his/her appointment. There will be no more than one (1) steward per twenty (20) employees in the bargaining unit, but no less than one ( 1) steward.

(b) The Union acknowledges that the Steward has regular duties to perform on behalf of the Company, and that he/she will not leave such duties without receiving permission from his/her supervisor. Such permission shall not be unreasonably withheld. The Company agrees that the Steward shall not suffer any loss of pay during working hours for time spent to administer any in-plant business concerning this Agreement.

(c) In the event of lay-offs, the Shop Steward(s) shall be retained by the Company irrespective of seniority standing, providing that the Steward(s) is willing and able to perform the work available.

(d) The Company will introduce new employees to the Shop Steward.

(e) The Company will notify the Union prior to the suspension or discharge of a Steward. Failure of the Company to comply with this procedure shall render the suspension or discharge null and void.

Article 4

GRIEVANCE PROCEDURE

4.1. Discussion

The purpose of this Article is to establish procedures for discussion, processing and settlement of grievance. "Grievance" as used in this Agreement is a complaint or dispute involving any application or interpretation of the terms and conditions of this Agreement. If any questions arise as to whether a particular dispute is or is not a grievance within the meaning of tl1ese provisions, then the question may be submitted at the Third Step of the grievance procedure and, if necessary, settled by arbitration.

If eifuer party is unable to follow the time limits as set down in fue Grievance Procedure, these time limits may be extended, if mutually agreed upon in writing by botl1 pmties. Time periods expressed do not include weekends and holidays.

For the purpose of meeting wifu the Company representatives to resolve grievances, a co=ittee of not more fuan two (2) will be designated by fue Union plus a paid official of the Union. Members of fue grievance committee will not lose pay for lost time spent during regularly scheduled working hours attending scheduled meetings wifu fue Company representatives.

Grievances not appealed to fue next step wifuin the time limits defined in this procedure will be considered resolved.

There shall be an earnest effort on fue part of both parties to settle such grievances promptly tlrrough the following steps:

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4.2. Steps

(a) First Step Any employee who believes that he/she has a complaint must discuss the complaint with

the Supervisor. Subsequent to this discussion, the Shop Steward may discuss such matters

with the employee's Supervisor. If no acceptable decision can be reached at this time,

then within five (5) days or a time mutually agreed upon, the employee must present the

grievance in writing to the Supervisor. In any event, the employee must present the

grievance in writing within twenty (20) days of the occurrence of the incident

perpetrating the complaint.

The Supervisor shall state his decision in writing and give it to the employee within three

(3) days or at a time mutually agreed upon.

(b) Second Step Should the Shop Steward or employee be dissatisfied with the Supervisor's disposition of

the grievance, he/she may refer such matter within three (3) days on a written form to the

Plant/Operations Manager, who shall answer the grievance in writing within three (3)

days or at a time mutually agreed upon.

(c) Third Step If a settlement is not reached at the second step, the Shop Steward and a representative of

the Company will meet within fifteen (15) working days to discuss the grievance. No

third step grievance meeting will be conducted without the Union's Business

Representative in attendance unless he chooses not to attend.

If the grievance is not settled at the meeting, then at the request of either party to this

Agreement, the grievance may be referred to Arbitration.

The Union or the Company shall have the right to initiate a "Policy Grievance" at the

Third Step of the Grievance Procedure.

4.3. Discharge and Disciplinary Procedures

The Company shall not take any disciplinary action without first warning the employee,

unless the circumstances justify immediate suspension or discharge. In the event of a

claim that an employee has been discharged or suspended unjustly or unreasonably, a

grievance may be filed at Step Three of the Grievance Procedure within three (3) working

days. Warnings, reprimands and suspensions shall be given in writing and in the presence

of a Shop Steward within ten (10) days (or for a period of time agreed upon by both

parties) (Saturdays, Sundays and General Holidays excluded) from the time the offence is

known to the Company with a copy to the Shop Steward and a copy to the Local Union

Office.

All penalties are to be removed from the employees' record after a period of three (3)

calendar years from the date of the offence.

Article 5

ARBITRATION

5.1. Request for Arbitration

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Should the parties fail to reach agreement at the Third Step meeting, then at the request of either party to this Agreement, the grievance may be referred to Arbitration. Tills must be done by written notice of one party to the other within one (1) week of the Third Step meeting.

5.2. Arbitration Expenses

Arbitration shall be in accordance with the Ontario Labour Relations Act and each of the parties hereto will bear the expense of an Arbitrator appointed by it, (or the LabourManagement Commission) and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The procedures of the Arbitration Board will be expedited by the parties hereto.

5.3. Arbitration Board's Rights Or Power

The Board of Arbitration shall not have the right or power to add to, take away, modify, amend, disregard or change any of the provisions of the Agreement or to substitute any new provisions nor to make any decisions inconsistent with the provisions of this Agreement. The Board, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board.

6.1. Discussion

Article 6

HOURS OF WORK, OVERTIME AND PREMIUM PAY

The following paragraphs and sections define the normal hours of work for extruder and non-extruder personnel and shall not be construed as a guarantee of daily, weekly, monthly or annual work.

6.2. Basic Work Week

The basic work week shall consist of forty ( 40) hours worked in five days, Monday to Friday inclusive .and the basic work day shall consist of eight (8) hours, broken only by the established break periods and lunch period.

6.3. Normal Hours - Non-Extruder Personnel

The normal hours of work for non-extruder personnel shall be as follows:

8:00 a.m. to 12:00 p.m. 12:30 p.m. to 4:30p.m.

Non extruder personnel are defined as: Tool & Die, Maintenance, Plant Labour, Shipping Receiving, Grinder.

The unpaid lunch period for non-extruder personnel shall be from 12 Noon to 12:30 p.m. aud the paid break periods shall be of ten (10) minutes duration away from the work station at or about the mid-point of each half shift including a paid ten (10) minute brealc period prior to the commencement of any overtime period scheduled in excess of one (1) hour.

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Certain employees, by agreement between the Company and Union, may work shifts other than those listed in Section 3 which shall be considered the scheduled shift for these employees for the computation of overtime and premium pay.

Hours of work for Fabrication will be: 7:OOam to 3:00pm with two(2) ten (10) minute breaks and a 20 minute lunch break at the midpoint .

Hours of work for Quality Inspector will be: 8:00am to 4:00pm with two (2) ten (10) minute breaks and a 20 minute lunch break at the midpoint.

Changes in the normal hours defined in this Section may be made only after agreement between the Company and the Union.

6.4. Normal Hours -Extruder Personnel

The normal hours of work for extruder personnel who perform shift work shall be as follows:

Day Shift Evening Shift Night Shift

7.00 a.m. to 3.00p.m. 3.00 p.m. to 11.00p.m. 11.00 p.m. to 7.00a.m.

Start-up for extrusion personnel will be 11.00 p.m. Sunday night except in special situations (limited to twice in a twelve (12) month period) where management desires to schedule start-up beginning at 7:00 a.m. on Monday. In such special situations the third shift will complete their normal work week on Saturday at 7:00a.m.

During the three shift continuous operations, extruder personnel shall be entitled to a twenty (20) minute lunch period at or about the mid-point of each shift away from his work station. Two (2) ten (10) minute breaks will be given to each extruder employee as long as the extruder remains attended by one or more extruder personnel or management for the purpose of relief at any given time during the shift.

Extruder employees on breaks shall ensure their job function is covered and will remain available to return in case of an emergency or breakdown.

6.5. Overtime and Premium Pay- Normal Hours

All authorized work performed in excess of eight (8) hours per day Monday through Friday shall be paid for at the rate of time and one-half (l 1/2) the employee's regular straight time hourly rate.

All authorized work performed on Saturdays shall be paid for at the rate of time and onehalf (11/2) the employee's straight time hourly rate.

Overtime at the rate of double the employee's straight time hourly rate shall be paid for all authorized work performed on Sundays.

The shift premium for employees who perform work shall be as follows:

Evening Shift Night Shift

November 1 2004 Sixty (60) cents per hr. Seventy (70) cents per hr.

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Novem)Jer 1 2005 Seventy five (75) cents per hr. Eighty five (85) cents per hr.

November 1 2006 Eighty five (85) cents per hr. Ninety (90) cents per hour

November 1 2007 Ninety five (95) cents per hr. One dollar & five cents ($1.05) per hr.

6.6. Overtime Agreement

Overtime shall be offered on the basis of seniority and qualification, according to the

following system .

.1 The Company shall post a list each week from Monday to Wednesday, to permit

seniority employees to indicate their availability and preference for overtime. Only

those employees who sign the list will be considered for overtime. If employees

have not signed the list, the Company has the right to fill any vacancies existing at

the time or created by the backlog in any way it can.

2. For overtime on Saturdays:

__ a) Overtime will be assigned employees on the list according to their seniority and

preferences indicated.

b) Employees may indicate if they are available for one (1) shift or two (2) shifts;

c) Employees may indicate which shift they are available to work, in order of

preference, but may not work back to back shifts;

d) Employees on the list who are assigned shifts according to their availability and

preferences indicated are required to work as assigned;

e) In the event that the company posts for Sunday overtime or in paragraph one

(1) above, the Saturday overtime rules shall apply.

3. For overtime Mondav to Friday;

a) Overtime opportunities shall be offered by seniority to employees on the list,

except in emergencies;

b) in an emergency, overtime shall be offered first to employees on the shift by

seniority, and then to employees on the list by seniority;

c) Overtime Monday to Friday is voluntary.

4. For overtime on Sunday which is not posted as in paragraph one (1) above:

a) Overtime will be offered by seniority to employees on the list, according to

their preferences;

b) Employees may work one or two shifts, but not back to back;

c) Such Sunday overtime is voluntary.

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_5_. _The schedule for Saturday and/or Sunday overtime shall be posted each week before Thursday at 8:00 a.m.

!L_Any complaint about the overtime schedule posted may be submitted to management by 2:00 p.m. on Friday for adjustment. If such a complaint is not submitted the matter may not be made subject to a grievance.

6.7. Modified Work Week- Extruder Personnel

Should the Company require a modified work week other than the normal work week for extruder personnel as outlined above, the Company and the Union agree to discuss such other hours of work, shift premiums and overtime payment before implementation, and confirm in writing.

6.8. Reporting Allowance

Any employee who reports for work, and the work for which the employee was scheduled to report is not available and there is no substitute work which is within the employee's reasonable capacity to perform, shall be paid four (4) hours pay for reporting for the beginniog of the shill, and a minimum of two (2) hours pay for time worked in excess of four ( 4) hours. The rate of pay will be the straight time hourly base rate for the job he/she was schedule to report on plus any shill premium that applies. If he/she refuses to accept substitute work, he/she will not be paid any reporting allowance.

In the event that it is necessary to call an employee back to work in the case of an emergency, he/she shall be given a minimum of four ( 4) hours pay at his/her regular rate or time and one-half (1 1/2) for the hours worked, whichever is greater.

Article 7

WAGES

7.1. Wages

The wage schedule listing all job classifications is attached hereto lmown as Appendix "A" and shall form part of the Agreement.

The following constitutes agreed increases:

November 1, 2004

November 1, 2005

November 1, 2006

November 1, 2007

Forty ( 40) cents per hour

Forty ( 40) cents per hour

Forty five ( 45) cents per hour

Fifty five( 55) cents per hour

7.2. Temporary Assignments

If an employee temporarily substitutes in auy department on any job, he/she shall receive the rate for the job or his/her regular rate, whichever is the greater. This shall be considered a trial assignment for up to fmty (40) days worked and should not be deemed

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to represent that the company feels that person is qualified to fill that position. However, the employees' performance during that period will be assessed by the Company during such temporary assignment with regards to any future permanent promotions.

7.3. Effective Date of Monetary Terms and Conditions

All monetary terms and conditions in this Agreement will be effective upon ratification of this Agreement and will not be retroactive except for the normal wage adjustments.

Article 8

HOLIDAYS

8.1. Holidays

The following shall be paid holidays:

New Years Day Victoria Day Civic Holiday Thanksgiving Day Christmas Day

Good Friday Dominion Day Labour Day Christmas Eve Day Boxing Day

Two (2) Floating Holidays at Christmas Period.

8.2. Holiday Observance

Each of the holidays enumerated herein shall be observed on the day on which each falls, unless otherwise declared by the Dominion of Canada or the Province of Ontario, or unless otherwise mutually agreed to by both parties. If a paid holiday enumerated herein falls on a weekend, it shall be observed on the following Monday, unless otherwise declared by the Dominion of Canada or the Province of Ontario, or unless otherwise mutually agreed to by both parties.

8.3. Holiday Pay

. To be eligible for the above holiday pay, an employee must have completed the probationary period and must work on his/her regular work day inunediately preceding and immediately following such holiday, providing that where an employee fails to so work on either day due to illness certified to the satisfaction of the company, absence approved by the Company, death in the immediate family, jury duty, approved leave of absence or lay-off not exceeding one week prior to the holiday, then he shall not be deprived of statutory holiday pay. In the event that one or more of the Paid Holidays occurs during an employee's vacation, he/she shall be paid for the holiday(s) in addition to his/her vacation pay. The employee must stipulate prior to his/her vacation period if he/she wishes to take an extra day in lieu thereof.

If an employee is authorized to and performs work on any of the above named paid holidays, he/she shall receive payment at double time for the hours actually worked by him/her in addition to receiving his/her holiday pay.

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Article 9

VACATION

9.1. Vacation

All employees as of June 30th in any year will be entitled to vacation allowance as follows:

(a) Less than one (1) year seniority, 4% of gross annual earnings and one (1) week vacation time off.

(b) One (1) but less than five (5) years; 4% of gross annual earnings and two (2) weeks vacation time off.

(c) Five (5) but less than ten (10) years; 6% of gross annual earnings and three (3) weeks vacation time off.

(d) Ten (10) but less than fifteen (15) years; 8% of gross annual earnings and four (4) weeks vacation time off.

(e) Fifteen (15) years and over: Ten percent (10%) of gross annual earnings and five (5) weeks vacation time off.

All vacation time in excess of any plant shutdown will not accumulate from year to year, but must be taken in the current year and must be taken in week long segments.

A vacation schedule will be posted from March 1 to March 31 each year. Employees entitled to vacation in excess of the annual shutdown (if any) must indicate their preference for the week (weeks) they wish for vacation. This schedule will be reviewed by the Company and vacation time off will be allocated on a seniority basis according to expected production requirements and availability of adequate qualified personnel. Vacation time for the employees not indicating their preference will be allocated by the Company.

9.2. Method of Payment

For the purpose of computing vacation pay, the period of vacation pay calculation shall be from the first (1st) day of July in the previous year to the thirtieth (30th) day of June in the current year.

The vacation pay calculation shall be based on 2% of gross hourly earnings plus statutory holiday pay plus overtime per week vacation entitlement. It shall exclude previously paid vacation pay, any money as gifts or bonuses, and contributions made on behalf of employees to a benefit plan, R.R.S .P. or Pension Plan.

Vacation pay shall be paid to all employees so entitled on the 3rd pay period of July for the scheduled annual shutdown. Vacation pay, for Employees entitled to more than annual shutdown, may upon the employees request, be held by the Company, "In Trust", and paid to the employee the week prior to taking additional vacation.

Note: Employees who have worked less than one year will be entitled to vacation pay of 4% of gross hourly eamings pins applicable statutory holidays plus overtime and unless

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required to work will take the scheduled vacation shut down as vacation time.

9.3. Vacation Cheques

All monies paid for vacation shall be paid for by separate cheque.

9.4. Employees on Vacation

Employees while on vacation cannot be called into work.

9.5. Annual Shutdown

If an annual shutdown occurs in the months of July or August, the shutdown period will

be considered vacation time for employees. Any employees who do not have vacation

entitlement and are not required to work will be considered on lay off during the

shutdown period. Any employee required to work during the shutdown period, who

normally would have had a vacation entitlement, will receive an equivalent amount of

time off as vacation.

The yearly annual shutdown and vacation schedule will be posted no later than March 1st

each year during the life time of the Agreement.

9.6. Vacation Pay Upon Lay Off

Any employee who has been on layoff for a period longer than one (1) consecutive week

shall receive all his accrued vacation pay upon request on the pay period following the

request.

Article 10

SENIORITY

10.1. .lob Opportunity and Security

The purpose of seniority is too provide a policy governing work preference, lay-offs and

recalls.

It is agreed in the case of transfer, lay-off or job opportunity, senior employees shall be

entitled to their preference, all other factors being equal.

In the case of promotions or demotions of employees, the qualifications, seniority,

experience and ability of the employees shall be considered.

However, in recognition of the responsibility of the Company for the efficient operation

of the busioess, it is understood and agreed that in all such cases, the Company shall have

the right to pass over any employee if it establishes that he/she does not have the skills,

ability or the physical fitness to perform the work. If a candidate is passed over without a

trial or training period, the Shop Steward shall be ioformed of the reasons.

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10.2. Probationary Period

New employees shall be considered probationary employees for the fiJ:st fifty (50) days worked, and during that period, will be entitled to no seniority and may be dismissed at the discretion of the Company. Such dismissal shall not be the subject of a grievance. At the end of the probationary period, the employee will be entered on the Seniority List as ofllis/her last date of hire.

10.3. Seniority and Employment Termination

An employee shall lose his/her seniority and his/her name shall be removed from the Seniority List for any of the following reasons:

a) if the employee voluntarily quits;

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

c) if the employee is laid off and fails to return to work within five (5) calendar days after he/she has been notified (by registered mail to his/her last known address) by the Company to return to work.

d) is on lay-off for a period of more than twelve (12) consecutive months;

e) is absent three (3) consecutive work days without notice to the Company;

f) does not report for work after informing the Company of his/her intention to do so, unless he/she furnishes reasons, satisfactory to the Company, for such failures.

g) is the subject of a WCB or LTD claim exceeding a five (5) year period.

10.4. Seniority Accumulation

Seniority of each employee in the bargaining unit covered by this Agreement shall be established after a probationaJ:y period of fifty (50) days worked and shall commence on the most recent date of hire.

Seniority shall be maintained and accumulated during:

a) absence due to lay-off

b) sickness or accident

c) authorized leave of absence

d) pregnancy leave

10.5. Seniority and Status Information

The Company shall maintain a Seniority List for the Plant. A copy of the list shall be posted for employee inspection and a copy shall be provided to the Union. This list shall be kept up-to-date every four (4) months. Once each year in the month of September, a list of employees, their addresses and

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telephone numbers, will be provided to the local Union.

10.6. Lay-offs

In the event of lay-off exceeding three (3) working days, employees affected shall be given one (1) week's notice in advance with recognition to seniority within each classification, as follows:

(a) Extruder operators shall be retained in accordance with requirements for extruder operators only, with priority given by position within the classification.

(b) Maintenance and Tool and Die shall be retained in accordance with requirements within their areas of responsibility, with priority given by seniority within the classification.

10.7. Job Posting

Movements between the position of Extruder Helper through A Extruder Operator are not considered to be made to fill permanent vacancies for existing positions, but as changes in classification as employees become qualified.

All pennanent vacancies for existing positions and newly created positions shall be posted for five (5) working days on the Bulletin Board. The Company will respond within ten (1 0) working days of the posting being removed with a copy to the Union,

An employee desiring consideration for the position must make an application to the Company within five (5) working days. The senior employee applying for the position shall be given the appointment provided that:

(a) he/she has the skills and ability to fill the position.

(b) he/she has not bid for and filled another position in the last six ( 6) months. The Company agrees that it will not use this clause to circumvent its obligations to provide opportunities for senior employees to receive bona fide promotions through job posting.

(c) This Section 7 will be used by the Company to fill vacancies for lead hands with the clear understanding that a lead hand requires special skills and abilities relative to providing leadership and guidance to the Union employees to be led. The adequacy of the required special skills and abilities of an individual will be determined by the Company.

(d) The Local Union and the Company will meet to discuss wage rate and job description of any new position created by the Company during the lifetime of this Agreement.

10. 8. Retention of Seniority after Promotion

Employees promoted to supervisory positions or positions not subject to tllis Agreement will retain their seniority after promotion for a period of forty (40) days worked. If demoted for any reason or if they voluntarily request reinstatement to their former position, the time served in the supervisory position shall be included in their seniority

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rating. Such employee shall forfeit any and all recourse to the Grievance Procedure as outlined in tllis Agreement should he/she subsequently be discharged in such a position beyond the jurisdiction of this Agreement. This section is to be applied only once for any employee during the term of this Agreement.

Article 11

GENERAL PROVISIONS

11.1. Health and Safety

The Company and the Union agree that they mutually desire to maintain high standards of safety and health in the plant in order to prevent industrial injury and illness.

The Company shall furnish equipment and devices necessary to protect employees from injury;

(a) The wearing of safety footwear is mandatory and for tills reason, the Company agrees to pay one hundred ($100.00) dollars per year per employee cumulative for duration of contract, to a maximum of $400.00.

New employees will not be reimbursed for the Company's portion until after the completion of their probationary period.

(b) The Compaoy agrees to supply employees with safety eye protection at no cost to the employee unless said eye protection is lost or rendered unusable due to neglect by the employee. Prescription safety eye wear will be provided every two (2) years if needed according to the Occupational Vision Plan.

New Employees may purchase prescription safety glasses if they require prescription glasses up to $110.00. The Company will reimburse the Employee up to $110.00 upon successful completion of the probationary period. If the event tl1at safety eye glasses are damaged or broken on the job, the company will provide a new pair of safety glasses.

The Compaoy and the Union agree to name a safety aod health committee comprising of ao equal number of Company and Union employee representatives. The committee's function will be to promote safety and industrial hygiene and to accompany Government Safety Inspectors on his/her inspections of the plant and equipment. The conmlittee shall hold monthly meetings.

11.2. Leave of Absence

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

(a) he/she requests it from the Company in writing and

(b) the leave is for good reason and does not inte1fere with Company operations. The Company may agree to extend a leave of absence for additional thirty (30) day periods, if there is good reason. The Company will not unreasonably withhold

17

permission for an extension provided the reasons for the extension are of a

sufficiently pressing and urgent nature and can be clearly verified by the employee.

The employee must request the extension in writing before his/her leave of absence

is up. The Union will be notified of all leaves under this section.

If an employee takes a leave of absence, the Company will pay the benefits to the end of

the month following the beginning of the leave of absence. If the employee requests an

extension, the employee will pay for continued benefits up to a maximum of 120 days, if

he/she so desires.

Employees who are on leave of absence, will not engage in gainful employment with any

other Company.

If any employee does engage in gainful employment while on a leave of absence, the

employee will be terminated. An employee who has been elected or appointed by the

Union to attend Union Conventions or Conferences shall be granted a leave of absence

without pay for this purpose. The Union will ioform the Company of the names of the

delegates. The Company shall grant an employee a leave of absence of not more than two

(2) years to work in an official capacity for the local or international Union. The

employee must request the leave in writing and the Union must approve it. This leave

will be extended for up to an additional three (3) years if requested by the Local Union,

providing no more than two (2) employees in total are on such leave at any one time.

Employees who choose to return early from an official capacity for the Local or

International Union will be allowed to do so with a minimum of two (2) weeks written

notice. 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. Employees on approved

leaves of absence will retain and accumnlate seniority.

11.3. Bereavement Leave

In the case of a death in the innnediate family of an employee, the Company shall grant a

bereavement leave (bereavement commences on the date of Death) with pay of up to

twenty-four (24) working hours at straight time hourly rate if the employee attends the

funeral. A bereavement leave with pay of eight (8) working honrs at straight time hourly

rate shall be granted if the employee does not attend the fnneral.

Management may grant an extension without pay of up to sixteen (16) working hours to

conduct business arrangements pertaining to the bereavement if required and requested.

Innnediate family shall be means to include: Mother; Father; Step-Mother; Step-Father;

Mother-in-Law; Father-in-Law; Brother; Sister; Spouse; Children; Grand-Children;

Grand-Parents; Son-in-Law; Daughter-in-Law; Brother-in-Law and Sister-in-Law.

In all such cases, the one working day or the three (3) working days paid bereavement

leave is granted to protect employees from loss of income during his/her period of

bereavement and any such entitlement to paid time off will be shortened and not paid as

the result of an nnpaid weekend day falling within the period. If such bereavement day(s)

falls on a paid statutory holiday or previously scheduled vacation day(s) such day(s) shall

not be paid as per above policy.

In addition to innnediate family, a one day bereavement leave with pay of eight (8)

working honrs at straight time hourly rate shall be granted for the employee to attend the

funeral of Annts, Uncles, Nieces, Nephews if the funeral falls on a week day.

11.4. Jury Duty

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If an employee is called and required to serve on Jury Duty or as a Crown Witness on his normal working day, the Company agrees to pay eight (8) hours pay per day at the regular hourly rate of pay less the amount of Jury Duty or Crown Witness pay received.

11.5. Bulletin Boards

The Company agrees to permit posting of any notices of Union meetings or functions on a Bulletin Board conspicuously placed, provided they are authorized and signed by an officer of the Local Union.

11.6. No Discrimination

The Company and the Union agree tl1at there will be no discrinlination against any employee because of race, colour, creed, sex, age, national origin, Union membership, Union activity or political activity so long as this political activity does not interfere with the operation or image of the Company.

11.7. Union Activities

It is agreed that the Union and the employees will not engage in Union activities at any time on the premises of the Company during working hours or hold Union meetings at any time on the premises of the Company without the permission of the Company.

11.8. Union Representatives

a) If an unauiliorized Union Representative, who is not employed by the Company wishes to speak to Local Union Representatives in ilie plant about a grievance ur other official Union business, he/she shall ask the Company for the use of the lunch room or another mutually agreed upon area where he/she and the Local Union Representative(s) may confer privately.

b) If an autllorized Union Representative wishes to speak to any employee or employees in ilie plant, he/she shall make prior arrangements with management to meet any employees prior to or after tlle employees scheduled shift. The company will make available tlle lunch room or other mutually agreed upon area for tllat meeting. It is uoderstood tllat such meetings will not conflict witll any employees' schedule work period.

11.9. Pay on day oflnjury

An employee hurt in an industrial accident shall be paid for ilie time lost on ilie day he/she was injured at his/her regular daily earnings and applicable shift premium provided the employee goes directly to a doctor or hospital and provides written confirmation from the doctor or hospital of the said injmy. The employee must provide written confirmation from a doctor iliat he/she is able to return to work if requested by tlle Company.

11.10. Summer Students

Bona fide students may be hired on a full time basis for tlle summer montl1s - May 1st to September 30th. TI1e student wage rate will be $3.00 per hour less than ilie plant labourer start rate in each year on the agreement.

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Student employees must work 12 hours in a month before Union Dues are remitted to the local Union.

They shall pay to the support of the Local Union the amount of the monthly dues which shall be checked off, but no other provision of this Agreement shall apply. They shall not interfere with seniority rights and job conditions of full time employees. The Company shall indicate on the check off if such an employee is a student.

11.11. Subcontracting

The Company will notify the Union concerning the transfer or subcontracting of bargaining unit work affecting the status of employees presently performing the work. The Union and the Company shall meet to discuss the effects of the change on the employees affected.

11. 12. Tool Allowance

Each "A" Operator, "B" Operator, "C" Operator, Extruder Helper and Lead Hand in the bargaining unit will be issued with the following list of tools:

Adjustable wrench 11/2" Jaw Vise grips Adjustable protractor Feeler gauges Needle nose pliers (standard) Utility knife Needle nose pliers (11") **26' tape measure Pruning sheers **Vernier callipers Flat screw driver Allen keys - loose with ball on end of shank Calculator

He/she will be required to sign for them and will be responsible for maintaining these tools in good working order. Upon termination of employment, the employee will be responsible for any missing or broken tools; firstly from unused tool allowance and secondly from his/her final pay.

The Company will keep an inventory of the listed tools and will make these available to . the employees at cost. Any employee may buy his/her replacement tools from their own source provided the tools are of a reasonable quality.

An employee may accumulate unused tool allowance from one year to the next.

A tool allowance of $75.00 per year will be provided for the duration of the contract.

The Company will hold periodic Inspections to ensure tools as listed are available and adequately maintained.

Probationary employees will be Issued and will sign for a limited tool kit, which will Include a tape measure, utility knife, a screwdriver and pruning shears.

Upon completion of their probation, these employees will be Issued a full set of tools provided they are In one of the eligible classifications Probationary employees will be responsible for replacement of any missing and broken tools upon tennination or acceptance Into the bargaining unit.

The Company agrees to provide brass tools at each extruder for cleaning the machines and dies as well as hack saws and high temperature gloves. Leather gloves will be

20

supplied by the Company to each employee as required. A new pair will be Issued only when the old pair has been turned In.

The Company further agrees to provide replacement blades for the utility knives Issued by the company. All tools specifically required for each line will be provided by the Company.

The required tool list may be added to at any time by mutual agreement of the Company and the Union and the Company will provide the said tools.

Employees currently classified as Tool and Die and Maintenance will have a tool allowance of $75.00 per year which can be accumulated for the duration of the contract. All tools bought with the tool allowance are to be used for the employees job at UPC, however the tool will be the property of the employee.

**Tape measures and vernier callipers are required for quality inspections and will be supplied by the Company. Tape measures or verniers lost or damaged through neglect must be replaced by the employee.

11.13. Copies of Agreement

The Company agrees to provide each employee with a copy of the Agreement.

Article 12

CONTINUITY OF OPERATIONS

During the life of tl1is Agreement, there shall be no strikes of any kind or any boycott, picketing, work stoppage, slow down, or any other type of organized interference, coercive or otherwise, with the Company's business. During fue life of fuis Agreement, the Company shall not lock out the employees because of a labour dispute with the Union.

Article 13

PENSION PLAN

Contribution to the Employee RRSP as follows:

November 1, 2004 November 1, 2005 November 1, 2006 November 1, 2007

$165.00 dollars per month. A further $15.00 per monfu to $180.00. A furfuer $15.00 per month to $195.00 . A further $15.00 per month to $210.00

Employee must work five (5) days per monfu to receive fue monfuly RRSP Payment. The Employee cannot withdraw any of fue Company's portion of the RRSP until his employment with the Company ends.

Article 14

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BENEFIT PLAN

To form part of the Collective Agreement the Company agrees to maintain its current Health and Welfare Benefits during the lifetime of the agreement with the following exceptions:

Vision Care - $110.00 every 24 months

Life Insurance -$25,000

14.2 Long Term Disability

1) The Company and the Union agree to continue the existing coverage for group long term disability as provided by Industrial Alliance Insurance and Financial Services. The parties further agree that coverage may be terminated by either party within 60 days written notice from the Union or the Company by registered mail.

2) The Company will pay 100% of the premium for employees for coverage up to a maximum of 60% of the employees monthly wages or $1,500.00.

3) This coverage applies to all members presently on the seniority list and all future employees who have completed their probationary period.

4) The Union shall be notified In writing of any changes In premium for long term disability coverage.

Article 15

DURATION

This Agreement shall be binding and remain in effect from November 1, 2004 to October 31, 2008, and shall be renewed from year to year thereafter unless either party gives to the other party notice in writing not less than thirty (30) days and not more than ninety (90) days prior to the expiry date of the Agreement that it desires to amend or terminate the Agreement.

Where notice to amend the Agreement is given, the provisions of this Agreement shall continue in force until a new Agreement is signed or the right to strike or lock-out accrues, whichever first occurs.

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Article 16

AGREEMENTS

The Union agrees that this Agreement constitutes the entire Agreement between the

parties and that any and all previous agreements, Supplementary Agreements, Letters of

Intent, Understanding etc., whenever made and whether or not reduced to writing, are

hereby cancelled and that effective upon sigrring of the Agreement, the Company's

obligations respecting conditions of employment, worldng conditions and employee

benefits, are limited exclusively to those specifically stated in this agreement. The

agreement becomes effective November 1, 2004 and shall remain in effect until October

31,2008

In Witness Thereof, this the i2...th. day of ffr"r<.!~ affix their signature

2005 the parties hereto

UNITED PLASTIC COMPONENTS INC.

Teamsters Local Union No. 879, Affiliated

with the International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America

23

"APPENDIX A"

Effective November 1, 2004

ClassificationStart Rate 3Mos.

Extruder Lead Hand

Maintenance Lead Hand

**Maintenance (Licensed)

Machinist

Tool & Die (Licensed)

"A" Extruder Operator/Quality Inspector

"B" Extruder Operator/Quality Inspector

ncn Extruder Operator/Quality Inspector

Extruder Helper

Shipper/Receiver

Grinder

Fabrication

Plant Labour

15.00

14.65

14.65

Maintenance/Tool & Die Non licensed

15.50

14.90

14.90

1st year

17.66

Job Rate 6Mos. 9 Mos.

15.75

15.15

15.15

16.00

15.40

15.40

2nd year 3rd year

18.56 19.30

12Mos.

20.64

23.20

22.65

21.12

23.65

19.30

18.56

17.66

16.50

17.66

17.66

15.65

15.65

4th year

20.64

**Licensed Maintenance includes, Licensed Electricians and Licensed Millwrights

'' Rate after Ratification

24

"APPENDIX A"


ClassificationS tart Rate 3Mos.

Extruder Lead Hand


**Maintenance ( Licensed )

Machinist



~'B" Extruder Operator/Quality Inspector

"C" Extruder Operator/Quality Inspector

Extruder Helper

Shipper/Receiver

Grinder

Fabrication

Plant Labour

15.40

15.05

15.05

Maintenance/Tool & Die Non Licensed

15.90

15.30

15.30

1st year

18.06

Job Rate 6Mos. 9Mos.

16.15

15.55

15.55

16.40

15.80

15.80

2nd year 3rd year

18.96 19.70

12Mos.

21.04

23.60

23.05

21.52

24.05

19.70

18.96

18.06

16.90

18.06

18.06

16.05

16.05

4th year

21.04


"APPENDIX A"

25


CiassificationStart Rate 3Mos.

Extruder Lead Hand


**Maintenance (Licensed)

Machinist



''B" Extruder Operator/Quality Inspector

"C'' Extruder Operator/Quality Inspector

Extruder Helper

Shipper/Receiver

Grinder

Fabrication

Plant Labour

15.85

15.50

15.50


16.35

15.75

15.75

1st year

18.51


16.60

16.00

16.00

16.85

16.25

16.25

2nd year 3rd year

19.41 20.15

12Mos.

21.49

24.05

23.50

21.97

24.50

20.15

19.41

18.51

17.35

18.51

18.51

16.50

16.50

4th year

21.49


"APPENDIX A"


ClassificationStart Rate 3Mos.


26

12Mos.

Extruder Lead Hand


**Maintenance ( Licensed )

Machinist


"A?' Extruder Operator/Quality Inspector

"B" Extruder Operator/Quality Inspector

"C" Extruder Operator/Quality Inspector

22.04

24.60

24.05

22.52

25.05

20.70

19.96

19.06

E>.'truder Helper

Shipper/Receiver

Grinder

Fabrication

Plant Labour

16.40

16.05

16.05


16.90

16.30

16.30

1st year

19.06

17.15

16.55

16.55

17.40

16.80

16.80

2nd year 3rd year

19.96 20.70

17.90

19.06

19.06

17.05

17.05

4th year

22.04

**licensed Maintenance includes, Licensed Electricians and Licensed Millwrights

#1 LETTER OF UNDERSTANDING

(CASUAL AND PART-TIME HELP)

To form part of the Collective Agreement

Between: TEAMSTERS UNION LOCAL 141, affiliated with the International Brotherhood of Teamsters, Chanffenrs, Warehousemen & Helpers of America

27

#1 LETTER OF UNDERSTANDING

(CASUAL AND PART-TIME HELP)

To form part of the Collective Agreement

Between:

And

TEAMSTERS UNION LOCAL

141, affiliated with the International Brotherhood of

Teamsters, Chauffeurs, Warehousemen & Helpers of

America

UNITED PLASTIC COMPONENTS INC.

*****************************************************************

a) Wages for part-time or casual employees shall be one dollar twenty five cents

($1.25) per hour less than the probationary rate for each consecutive year of the

Agreement. No other tenns of this Agreement shall apply.

b) No casual or part-time help will be used when it will deprive probationary or

regular employees of reasonable overtime hours and/or their normal hours of work.

c) Employees on lay-off shall be given the first opportunity for any available part-time

work. Recall shall be by seniority. The employee shall receive the call-in guarantee

as spelled out in Article 6, Section 7, such work not necessarily being in the

employee's classification. Refusal to do such work will void the guarantee. Laid off

employees called in will be paid at their appropriate hourly rate.

d) Where part-time or casual help is being employed to the extent that a regular

employee could be fully employed, the Company shall replace the casual or part-

28

time help with one or more probationary employees.

e) A casual or pmt-time employee who works in excess of eighty (80) hours per month

will be considered a probationary employee.

f) The Company agrees that it will only use casual or part-time help to supplement the

nmmal work where it is necessary to do so. The Company shall deduct from all

pm·t-time or casuals from their first pay, and each month thereafter an amount equal

to the monthly union dues and forward to the Local Union as outlined in Article 3,

Section 3.

g) The company shall supply the Union with a list of all part-time or casual employees

on the check-offlist on a monthly basis.

Dated this the i21"S'ay of Iff' ,e. 1 :.._. 2005

FOR THE COMPANY

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