collective agreement · 7.02 (a) the company and the union recognize the following classification...

) , .. '

COLLECTIVE AGREEMENT

-between-

NICKLESON MACHINE & TOOL INC. (hereinafter referred to as the "Company")

-and-

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS

LOCAL 195 (hereinafter referred to as the "Union")

August 1st, 2013 to and including July 31st. 2016

TABLE OF CONTENTS

ARTICLE 1- RECOGNITION AND EXCLUSIONS ............................................................... 4 ARTICLE 2- RESERVATIONS TO MANAGEMENT .......................................................... .4 ARTICLE 3- UNION SECURITY ............................................................................................ 4 ARTICLE 4- REPRESENTATION ........................................................................................... 5 ARTICLE 5- DISCRIMINATION ............................................................................................ 6 ARTICLE 6- STRIKES AND LOCKOUTS ............................................................................. 6 ARTICLE 7- SENIORITY ........................................................................................................ 7 ARTICLE 8- APPLICATION OF SENIORITY ....................................................................... 8 ARTICLE 9- LOSS OF SENIORITY ..................................................................................... 10 ARTICLE 10- JOB POSTING ................................................................................................ 10 ARTICLE 11- SENIORITY LIST ........................................................................................... lO ARTICLE 12 -DATA TO BE SUPPLIED TO UNION .......................................................... 11 ARTICLE 13 - ADMINSTRATION OF DISCIPLINE ........................................................... 11 ARTICLE 14- GRIEVANCE PROCEDURE .......................................................................... 11 ARTICLE 15- HOURS OF WORK ......................................................................................... 15 ARTICLE 16- CLASSIFICATIONS & WAGES ................................................................... 16 ARTICLE 17- COST OF LIVING ALLOWANCE ................................................................ 17 ARTICLE 18- MILEAGE PAYMENT, MEALS & LODGING ............................................ 18 ARTICLE 19- NEW EMPLOYEE RATES ............................................................................ 18 ARTICLE 20 -PAY PERIOD .................................................................................................. 18 ARTICLE 21- PAID REST PERIODS .................................................................................... 19 ARTICLE 22 - WASH UP PERIOD ........................................................................................ 19 ARTICLE 23- CALL-IN PAY AND EMERGENCY CALL BACK PAY ............................ 19 ARTICLE 24- REPORTING PAY .......................................................................................... 19 ARTICLE 25- OVERTIME EQUALIZATION ...................................................................... 19 ARTICLE 26- HOLIDAY PAY PLAN ................................................................................... 20 ARTICLE 27- VACATION WITH PAY PLAN ..................................................................... 22 ARTICLE 28 - BEREAVEMENT ............................................................................................ 25 ARTICLE 29- JURY DUTY ................................................................................................... 25 ARTICLE 30- LEAVE OF ABSENCE ................................................................................... 26 ARTICLE 31- HEALTH AND WELFARE ............................................................................ 26 ARTICLE 32- WORK BY SUPERVISORS ........................................................................... 29 ARTICLE 33 -MOVING LOCATION .................................................................................... 29 ARTICLE 34- BULLETIN BOARD ....................................................................................... 29 ARTICLE 35- APPENDICES ................................................................................................. 30 ARTICLE 36- INJURY ALLOWANCE ................................................................................. 30 ARTICLE 37- DURATION OF AGREEMENT ..................................................................... 30 APPENDIX "A"- CLASSIFICATIONS AND RATES .......................................................... 31 APPENDIX "B" ....................................................................................................................... .32 APPENDIX "C" ........................................................................................................................ 33 APPENDIX "D"- LETTERS OF UNDERSTANDING .......................................................... 34 LETTER OF UNDERSTANDING #1- DATED JULY 27, 1971 ........................................... 34 LETTER OF UNDERSTANDING #2- DATED MARCH 1, 1998 ....................................... .34 LETTER OF UNDERSTANDING #3- DATED JUNE 7, 1977 ............................................. 35 LETTER OF UNDERSTANDING #4- DATED JANUARY 17, 1980 ................................. .35 LETTER OF UNDERSTANDING #5- DATED MARCH 1, 1986 ........................................ 36

LETTER OF UNDERSTANDING #6- DATED MARCH 1, 1986 ........................................ 36 LETTEROFUNDERSTANDING#7-DATEDJANUARY 17, 1985 .................................. 37 LETTER OF UNDERSTANDING #8- DATED January 17, 1980 ....................................... .37 LETTER OF UNDERSTANDING #9- DATED MARCH 1, 1983 ....................................... .37 LETTER OF UNDERSTANDING #10- DATED MARCH 7, 1989 ...................................... 37 LETTER OF UNDERSTANDING #11- DATED MARCH 1, 2001... .................................. .38 LETTER OF UNDERSTANDING #12- DATED MARCH 1, 1998 ..................................... .38 LETTER OF UNDERSTANDING #13- DATED MARCH 1, 1998 ..................................... .39 LETTER OFUNDERSTANDING#14-DATED MARCH 1, 1998 ..................................... .40 LETTER OFUNDERSTANDING#15 -DATED MARCH 1, 1998 ..................................... .40 LETTER OF UNDERSTANDING #16- DATED MARCH 1, 1998 ..................................... .41 LETTER OFUNDERSTANDING#17 -DATED MARCH 1, 1998 .............................. : ...... .41 LETTER OF UNDERSTANDING #18- DATED MARCH 1, 1998 .................................... ..41 LETTER OF UNDERSTANDING #19- DATED MARCH 1, 2001... ................................... .42 LETTER OF UNDERSTANDING #19- DATED MARCH 1, 2001 ..................................... .42 APPENDIX "E"- APPRENTICESHIP PROGRAM .............................................................. .43

1.01 The Company recognizes the Union as the sole Bargaining Agent of all employees of Nickleson Machine & Tool h1c. in Windsor, save and except foremen, those above the rank of foreman, and office and sales staff.

1.02 The Company will negotiate at all necessary in the manner provided herein, with the chose accredited representatives of the Union for the pnrpose of determining any disputes which may now exist or which may arise as to wages, hours, working conditions or any other qnestions affecting the employees.

2.01 The Union recognizes the right of the Company to hire, 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 mam1er and to the extent herein provided.

2.02 The Union fmther recognizes the right to the Company to operate and manage its business in all respects in accordance with its commitments and responsibilities. In addition, the location of the plants, the products to be manufactured, the schedules of production, the methods, process and means of manufacturing are solely and exclusively the responsibility of the Company. The Company also has the right to make and alter from time to time reasonable rules and regulations to be observed by employees which rules and regulations shall not be inconsistent with the provisions of this Agreement.

2.03 The Company agrees that it will not exercise its Management's rights for the purpose of restricting or limiting the right of its employees herein granted.

3.01 All employees who are Members of the Union as of the date of this Agreement will be required to continue to be Members of the Union as a condition of employment with the Company. Any employee who is hired subsequent to the date of this Agreement shall become a Member of the Union within thirty (30) days of his hiring and will be required to continue to be a Member of the Union as a conditiqn of his employment.

3.02 The Company agrees, when authorized in writing by the Union, to deduct from the wages of all employees within the Bargaining Unit whether Union Members or not, Union initiation fees and monthly dues laid down by the constitution and by-laws of the Union. At the end of each calendar month and by the IO'h of the following month the Company will remit by cheque to the Financial Secretary of Local 195, CAW the total of the deductions made together with a list of those from whom deductions are made.

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Locall95 Page 4 of45

. '

3.03 The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check-off by the Company of Union initiation fees and dues from employees' wages in accordance with this Agreement. The monies refened to in this Article are to be held in trust by the Company. These monies cannot be used in any fashion by the Company or its agents acting on behalf of its creditors. These monies shall be subject to a deemed trust in favour of the Union.

3.04 The Company agrees when authorized in writing by the Union to deduct from the wages of all employees within the skilled trades classification groups in the Bargaining Unit, whether Union Members or not, the sum equal to one half (112) of each employee's hourly rate as dues for the Skilled Trades Council. Such deductions shall be remitted to the Financial Secretary of Local 195, CAW by the IO'h of the month following the month of deduction together with a list of those from whom the deductions are made. The Union does hereby indemnify and hold harmless the Company against any and alliability which may arise by reason of the check-off by the Company of the dues for the Canadian Skilled Trades Council from employees' wages in accordance with this Agreement.

4.01 The Company shall recognize two (2) Committeemen from the plant. Such Committeemen, one of whom shall be Chairman, shall constitute the Plant Committee. The Company shall also recognize an alternate Committeeman from the plant who shall function as a Committeeman in the absence of one of the two (2) Committeemen.

4.02 Each Committeeman shall have at least twelve (12) months seniority with the Company. The Union shall notify the company in writing from time to time of the names of the Committeemen, the effective dates of their appointment and the names of any of the former Committeemen whom they are replacing or discontinuing and of the name of the Chairman of the Committee. Apprentices are not eligible to be Committeemen.

4.03 The Union recognizes that members of the Plant Committee have regular duties to perform in connection with their employment and that only such reasonable time as is necessary will be taken during working hours to investigate and deal with grievances. Before leaving his regular work to attend to and deal with a grievance, a Committeeman shall obtain the permission of his Foreman. The Foreman shall not withhold umeasonably his permission. The Company will compensate the Committeemen for the time spent during their regular working hours in dealing with grievances at their regular rate of pay. The Committeeman shall report to his Foreman on his return.

4.04 The Company will co-operate with a Safety Committee comprised of one (1) Member of the Bargaining Unit and one (1) Member of the Management of the Company in maintaining proper standards regarding the safety and health of the employees during their working hours. The Union will notify the Company of the name of the Member of the Safety Committee. Meetings between the Company and the Safety committee will

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local 195 Page 5 oj45

' ,,

occur not more frequent! y than once every three (3) calendar months except in the case of emergency.

4.05 When four (4) or more employees work beyond their regular working hours, a Committeeman shall be requested to work. It is understood that the Committeeman who will be requested to work is the Committeeman who is most closely related to the work being done and it is understood further that the Committeeman will, at the direction of the Company, perform work which he can do or which he usually performs.

4.06 Members of the Plant Committee shall be paid at their regular straight time rate for all hours spent during regular working hours negotiating with the Company for a renewal Collective Agreement, subject to a maximum of eight (8) hours per day.

4.07 The National Representative of the Union may be present and participate in any meeting with management.

4.08 Any lost time incurred by a member of the Plant Committee in the performance of his duties as a member of the Plant Committee, that is not covered by this Collective Agreement, will be paid by the Company and a bill will be sent to Local 195 for reimbursement.

4.09 The Company agrees to grant the Chairman one (1) day off with pay to attend the annual Chairpersons meeting at Local 195. The request for time off will be sent to the Company from Local 195 and signed by an Officer of the Local.

5.01 The Company and the Union agree that there will be no discrimination on account of race, colour, creed, age, sex, political affiliation, national origin, sexual orientation, family status, record of offences or union status.

6.01 The Union will not cause or permit its members to cause, nor will any member of the Union take part in any sit down, stay in, or slow down in any plant of the Company, or any curtailment of work or restriction of or interference with production of the Company. The Union will not cause or sanction its members to cause, nor will any member of the Union take part in any strike or stoppage of any of the Company's operations or picket any of the Company's plants or premises during the term of this Agreement. The Company will not cause or sanction a lockout during the term of this Agreement.

Collective Agreement between Nickleson Machine & Tool Inc and CAW Local 195 Page 6 of45

''

7.01 Employees shall be regarded as probationary employees until they have completed sixty (60) days of work within the Bargaining unit and employees shall have no seniority standing until they have worked sixty (60) days within any period of twelve (12) consecutive months. Seniority shall start from the last day of hiring and the employee's name shall appear on the seniority list of his classification group in order of his respective date of hiring, Seniority is by classification group and may be exercised only as provided in this Agreement

7.02 (a) The Company and the Union recognize the following classification groups:

CLASSIFICATION GROUP A:

Tool & Die Marker and Machine Tool Builder Leader Horizontal Boring Mill Operator Jig Borer & Jig Grinder Operator ID and OD & Universal Grinder Operator CNC Machine Operator General Machinist AA

CLASSIFICATION GROUP B:

Tool Crib Attendant General Labourer

CLASSIFICATION GROUP C:

Apprentices

(b) The Company and the Union recognize all classifications as skilled trades except Tool Crib Attendant and General Labourer.

7.03 An employee working within a skilled trade, notwithstanding that he has not qualified as a journeyman, shall be recognized as a skilled tradesman by the Company and the Union whose particular classification group shall be agreed to at the signing of this Agreement and the Union shall have the right to review classifications and rates every three (3) months,

7.04 The term '1ourneyman" when used in this Agreement shall mean any person:

(a) who presently holds a joumeyman's classification in a skilled trades occupation, or

(b) who has served a bona fide apprenticeship of four (4) years (8,000 hours) and holds a certificate which substantiates his claim of such service, or

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local195 Page 7 of45

(c) who has eight (8) years of practical experience in the skilled trades classification in which he claims joumeyman' s designation and has qualified. A CAW journeyman's card will be accepted as qualification.

7.05 In the event that a classification is eliminated, the employee(s) affected will be considered as having been laid off and the provisions of this Collective Agreement regarding layoff and recall will apply to any such employee(s).

7.06 The Union Chairperson or his/her designate shall be allowed to meet with new employees as they are hired to explain their status up to achieving seniority and to present the employee with the Union's new member orientation material. The above meeting will be conducted at a time mutually agreeable to the Union and Company and will not last more than fifteen (15) minutes. When the Company starts a group of employees on the same day, the above meeting will be done as a group.

8.01 (a) Whenever possible, the Company will give five (5) working days notice of layoff to employees. Whenever possible, such layoff will commence on the Monday following the notification.

(b) The Company will obtain the consent of the Plant Committee prior to reducing the hours of work of the employees in the bargaining unit. Such reduction will not exceed two (2) hours per day per employee and such reduction will not extend beyond fiftBBfl (15) twenty (20) working days. witl!8l!t ti!B B8fl8Bflt 8f thB Plaflt C8mmittBB. This paragraph (b) does not apply to a layoff under Sub-Article 8.02. After twenty (20) days, mandatory layoff. Remaining employees to return to eight (8) hour days.

Work Share application- The Company agrees to review the implementation and EI Workshare Program for employees currently active at work.

8.02 In the event of a decrease in any skilled trades classification as designated in this Agreement, the following procedure shall apply:

(a) All probationary employees will first be laid off from their classification; (b) If any further employees are to be reduced from any skilled trades classification,

such employees will be displaced in order of their seniority and shall flow through the connecting lines provided in the flow chart attached as Appendix "C" to other skilled trades classifications, if any, and shall be laid off.

(e) Apprentices shall be laid off according to the provisions of Article 8 of the Canadian Apprenticeship Standards of the National Union CAW.

(d) Any employee who "bumps" another employee in accordance with the foregoing shall be paid the low "C" rate of the classification into which he "bumps". If an employee has worked for the Company in the classification into which he "bumps" and if the employee's ability qualifies that employee to be paid higher

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local 195 Page 8 of45

than the "C" rate of that classification, he will be paid the higher rate. After ten (10) working days, the Committee referred to in sub-article 16.09 shall review the employee's performance and endeavour to agree upon the employee's rate of pay. Thereafter, the provisions of Article 16.09 and 16.10 shall apply.

8.03 In the event of a reduction of the working force in other than skilled trades, probationary employees will be laid off first and thereafter the employees, having the least amount of seniority shall be laid off in order of their seniority provided the application of this provision shall be consistent with the employees retained at work being able and willing to perform the normal requirements of the job. With respect to the classification of Tool Crib Attendant, only Skilled Trades employees shall be considered as being "able and willing" to perform the normal requirements of the job.

8.04 When it is necessary to again increase the working force, employees who have been laid off shall be recalled in order of seniority provided the application of this recall provision shall be consistent with the employees recalled being able and willing to perform the work requirements. When the seniority list is exhausted, consideration will then be given to former employees whose seniority has been lost. Apprentices to be recalled according to Article 8 of the Canadian Apprenticeship Standards.

8.05 If a seniority employee suffers any illness or injury which disables him from performing his regular job, the Company shall make all reasonable efforts in consultation with the Plant Committee to provide employment to such employee in accordance with that employee's seniority.

8.06 The Chairperson of the Plant Committee shall have top plant wide seniority. Chairman to be on steady days. The provisions of this sub-article shall not apply to the alternate Committeemen appointed in accordance with sub-article 4.01 of this Agreement.

8.07 (a) An employee transfened out of the bargaining unit prior to or after the effective date of this Agreement and who is thereafter transferred again to a position included in the bargaining unit shall return to the bargaining unit with a seniority date that represents the seniority he had accumulated immediately prior to his transfer out of the bargaining unit provided the employee is transferred back to the bargaining unit within twelve (12) months of his transfer out of the bargaining unit.

(b) An employee transferred to a position included in the bargaining unit as provided above shall be transferred to the classification in which he worked immediately prior to his transfer from the unit and shall displace the junior man in that classification or an open job.

(c) No employee shall be transferred into the bargaining unit while any employee of the bargaining unit is on layoff. ·

(d) Employees hired in positions outside the bargaining unit and subsequently transferred to positions within the bargaining unit shall enter the bargaining unit as new employees with no seniority credit.


9.01 Seniority rights and employment shall cease for any of the following reasons:

(a) if the employee quits; (b) if the employee is discharged and such discharge be not reversed through the

grievance procedure; (c) if an employee fails to report within four (4) consecutive working days, or fails to

give to the Company a satisfactory explanation for not reporting; (d) if the employee fails to report within five (5) consecutive working days when

recalled by the Company, or fails to give a satisfactory explanation for not reporting after receiving notification by registered mail to his address on record with the Company, the registered letter to be signed by the addressee and the four (4) day period to start upon receipt of the same registered letter;

(e) if an employee has less than twelve (12) months of seniority and is laid off for a period of twelve (12) months, or if an employee with more than twelve (12) months of seniority is laid off for a period of time exceeding three (3) years;

(f) if an employee overstays his leave of absence for more than five (5) days unless he notified the Company where reasonably possible and establishes a valid reason for not reporting to work.

10.01 In the event that new jobs are created or vacancies occur within the bargaining unit, the Company will post such new jobs or vacancies for a period of three (3) working days before new employees are hired, in order to allow employees with seniority to apply. The Company in filling such new jobs or vacancies shall give preference to the employee having the greatest seniority, provided the employee can satisfactorily perform the company's reasonable requirements, and further provided that the within provision shall not be construed as entitling the employee to demonstrate his ability on the job.

10.02 Apprentices will not be allowed to apply for job postings.

10.03 The Company will notify the successful applicant and the Union within ten (10) working days of the last day of the posting.

11.01 The Company will post a reviewed seniority list each three (3) months. Upon the posting of the revised Seniority List as provided, a copy of the Master Seniority List will then be given to the chairman of the Committee.


'•

12.01 The Company will supply the Committee with the following information at the end of each month:

1. Employees who acquire seniority; 2. Changes in classification; 3. Employees transferred into or out of the bargaining unit; 4. Employees on leave of absence of one week or longer; 5. Employees on S&A and Compensation and the date of occurrence; 6. Layoffs (other then temporary layoffs) and recalls; 7. Employees who have lost seniority; 8. Employees who are discharged; 9. Job Posting Applications and the name of the successful applicant; 10. Employees removed from fringe benefits; 11. A copy of the monthly deductions; 12. Copies of Form 7's; 13. Employee's name, address, phone number, Social Insurance Number.

A list of Foremen and Supervisors will be supplied monthly by the Company to the Committee.

13.01 When an employee is called to an interview by a member of supervision, and the subject of the interview is discipline, the employee will be so informed before the interview and will be advised to have his Committeeman present. Unless the employee flireets that the Committeeman not be in attendance, the Supervisor wills end for the Committeeman, and the interview will not proceed until the Committeeman is present.

13.02 Any letters regarding discipline shall be removed from an employee's file after fifteen (15) months from the date of issue.

13.03 Discipline is to be issued within ten (10) working days of the occurrence or within ten (10) working days of when the Company knew or ought reasonably to have known of the occurrence.

13.04 Discipline will be on a progressive basis (ie. Verbal (confirmed in writing), written, suspension) except discharge or suspension for just cause.

14.01 Any employee having a grievance may first take the matter up with his Foreman or Committeeman who will discuss said complaint with the Foreman concerned. If the

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local !95 Page II of45

complaint is not satisfactorily resolved within twenty-four (24) hours, the Committeeman will then submit the grievance in writing, on a form to be supplied by the Company, to the Foreman. The Foreman shall give his decision in writing to the Committeeman within two (2) working days of the receipt of the grievance. The Company shall have the option of refusing to deal with a grievance which has not been presented within five (5) working days after the cause of the grievance became known to the employee or the Union.

14.02 If the decision of the Foreman be not satisfactory to the employee concerned, he may appeal therefrom by lodging an appeal in writing on forms to be supplied by the Company, with the Plant Manager of the Company through the Chairman of the Committee within two (2) working days of the delivery of the Foreman's decision.

14.03 The appeal shall be placed upon an agenda for consideration at the conference next following between Management, the Committee and the Grievor if he desires to be present. A conference shall be arranged not more than once per calendar week for the consideration of appeals so appearing on the agenda for the conference, providing there is an agenda.

14.04 Either the Director of the CAW or the National Representative thereof, so designated from time to time by the Union for the purpose, may be present and take part in such conference.

14.05 The agenda shall be supplied by the Chairman of the Committee to Management at least fmty-eight ( 48) hours before the conference at which the appeals thereon are listed for discussion.

14.06 Management's decision on appeals taken up at a conference shall be in writing, and, if not rendered during the conference, shall be rendered to the Chairman of the Committee within two (2) working days after the holding of the conference.

14.07 If Management's decision be not satisfactory to the employee concerned (after exhaustion of the grievance procedure provided herein), it may be referred to an umpire, provided written notice of the party's intention to refer the dispute to an umpire is given to the other party within seven (7) working days after Management's decision following the grievance agenda meeting. Within seven (7) working days of the giving of the written notice, both parties will exchange lists of three (3) proposed umpires. In the event that a name is proposed common to both lists, such person shall serve as umpire of the dispute. When no name is common to both lists, either party within seven (7) working days after the lists have been exchanged may request the Minister of Labour of Ontario to appoint an umpire and shall provide the other party with a copy of such request. In the event that neither party requests the Minister of Labour to appoint an umpire within seven (7) working days after the lists have been exchanged, the dispute shall be deemed to have been withdrawn from Arbitration. In the case of written notice from the Union, it shall be given by the Chairman.

The decision of the impartial umpire shall be final and binding on both parties.

The cost of the umpire shall be shared equally by the Company and the Union.

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Loca/195 Page 12 of45

' '

The umpire shall not alter, add to, subtract from, modify, or amend any part of this Agreement, provided however, in respect to a penalty, the umpire shall have the right to modify such penalty as in the opinion of the umpire is just and equitable.

14.08 The following special procedure shall be applicable to a grievance alleging unjust discharge or suspension of an employee. The grievance may be lodged in writing through the Chairman of the Committee to Management within two (2) working days of the discharge, or suspension, and Management shall render its decision in writing within two (2) working days after the receipt of the grievance. If the decision be not satisfactory to the employee, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial umpire selected as herein provided.

14.09 The term "working days" when used in this Agreement for grievance procedure shall exclude Saturdays, Sundays and holidays as defined herein.

14.10 If an employee's grievance is that he has been unjustly dealt with or unjustly discharged, the consideration of his grievance may include, not only the merits of the case, but also what, if any, compensation shall be paid for time lost in the event his reinstatement is agreed upon.

14.11 The grievance procedure set forth in this Article shall apply equally to a grievance lodged by a group of employees.

14.12 This Article does not apply to a probationary employee whose employment has been terminated nor shall this Article be available to the Union on behalf of any such probationary employef',. This Article shall apply to a grievance by a probatiouary employee which docs not relate to the termination of employment of that probationary employee.

14.13 An allegation involving the interpretation or violation of any provision of this Agreement may be lodged in writing, as a Policy Grievance, by the Chairman or his designate with the Plant Manager within five (5) working days after the cause of the grievance became known to the Union. If the Company and the Union are unable to resolve the Policy Grievance, it may be referred to arbitration within the time limits and in the manner set forth in this Agreement. It is agreed and understood that no matter which is properly the subject matter of an individual grievance or a group grievance shall be the subject matter of a Policy Grievance.

The Company may lodge a grievance in writing with the Chairman of the Plant Committee within five (5) working days after the cause of the grievance became known to the Company. If the Company and the Union are unable to resolve the grievance, it may be referred to arbitration with the time limits and in the manner set forth in this Agreement.

A Union Policy Grievance and a Company Grievance shall be initiated at sub-article 14.03 of this Agreement.

Collective Agreement between Nickleson Machine & Tool inc. and CAW Loca/195 Page 13 of45

,.

14.14 (a) Commissioner System: As an altemative to the regular arbitration procedure provided for herein, the parties may agree, in writing, to refer a grievance for final and binding arbitration to a Grievance Commissioner, selected by mutual agreement of the parties.

The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein.

(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner.

The rules governing the summary proceedings of the Grievance Commissioner are set out as follows:

(i) The decision of the Grievance Commissioner shall be confined to the grievance referred to him or her. Such decision must be consistent with the provisions of this Agreement, and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement;

(ii) The decision of the Grievance Commissioner shall only apply to the case before him or her and shall not constitute a precedent or be used by either party as precedent in any further cases;

(iii) However, with respect to the case in question, the Grievance Commissioner's decision shall be final and binding upon the Company, the Union and the employees represented by the Union;

(iv) The Union and the Company shall eac.h be responsible for one half (1/2) of any fees or expenses charged by the Grievance Commissioner;

(v) The parties shall meet at least thirty (30) days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a Joint Agreed Statement of Fact by the parties.

In addition, a Joint Statement of Evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the case.

Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided to the Grievance Commissioner at least ten (10) days before tl1e commencement of the grievance hearing;

Collective Agreement between Nickleson Machine & Tool Inc and CAW Loca/195 Page 14 of45

..

(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.

(c) It is understood and agreed that no grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.

(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from the process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.

15.01 Employees shall not be required to work more than eight (8) hours in any one day, nor more than forty (40) hours in any one week. The work week shall start on Monday and there shall be a specific starting and quitting time, namely between the hours of 7:00a.m. and 8:00 a.m. for the day shift with a one half (1/2) hour lunch period, and between the hours of 3:30 p.m. and 4:30 p.m. for a second shift with a one half (112) hour lunch period, subject to change in the starting time of the second shift in accord with the requirements of the Company. Quitting time shall be between the hours of 3:30p.m. and 4:30p.m. for the day shift and shall be eight and one half (8 Y2) hours after the start of the second shift. Employees who do not leave thp plant premises during the lunch period will not be required to pnnch in or out during the lunch period. Each employee shall be granted a three (3) minute late allowance l wice per week.

15.02 Employees shall receive time and one half (1 Y2) for all hours worked over eight (8) hours in any day, Monday to Friday, inclusive, and for all hours worked on Saturday. Employees shall receive double time for all hours worked over twelve (12) in any day and for all hours on Sunday.

15.03 If the Company requires employees to work on a second shift, such shift will be staffed on a three (3) week rotating basis among the employees qualified and available to perform the work on the second shift.

15.04 Any employee who through inadvertence occasionally fails to punch in when reporting for work or to punch out when leaving work shall not suffer any loss in pay as a result of such failure provided such employee is able to confirm to the satisfaction of the Foreman that he was in fact at work during the period he alleges to have been at work.


15.05 Whenever three (3) or more employees are assigned to a second shift, the Union reserves the right to appoint an alternate representative from among the employees assigned to such shifts.

16.01 The wage and classification structure shall be as set forth in Appendix "A" and each employee shall be paid accordingly.

16.02 The shift premium shall be sixty cents (60¢) per hour on the second shift and on the midnight shift.

16.03 There shall be no pyramiding of overtime and other premium pay.

16.04 The wage rate of each employee at any time shall not be less than t11e low of the class or more than the high of the class witl1in which he is employed in this classification exclusive of cost of living allowance, except as may be mutually agreed.

16.05 It is understood and agreed that apprentices, following completion of t11eir course of training, will be paid not less than the lowest rate within the classification to which they are appointed.

16.06 Present and newly hired journeymen shall not be placed at less than the minimum "C" rate and shall progress from the minimum "C" rate to the maximum "C" rate in three (3) automatic increases each of which automatic increase is to be equal in amount to one third ( 113) of the differential between the minimum "C" rate and the maximum "C" rate (rounded to the nearest one (1 ¢) cent. The first of such automatic increases shall be made on the ninetieth (90'h) calendar day after the date of employment, the second of such automatic lncmasr.s shall be made on the one hundred and eightiet11 ( lSO'h) calendar day after the day of employment and the third of such automatic increases shall be made on the two hundred and seventieth (270°') calendar day after the date of employment. The same procedure will be applied with respect to the "B" and "A" rate.

16.07 Any movement from the top of the "C" rate range to the bottom of the "B" rate range and from the top of the "B" rate range to the bottom of the "A" rate range shall be based on the ability of an employee to perform the work requirements.

16.08 A Committee of Company and Union, consisting of not more than two (2) from the Company and two (2) from the Plant Committee, one (1) of whom shall be the Plant Chairman, shall review the employees' performance records every six (6) months until such time as the employee has achieved the top of the "A" rate range. The employee concemed shall be present at such interview. The representative of the Company shall provide his reply within five (5) working days.


16.09 The Company shall, after consultation with the Committee, when just cause is proven, have the right to withhold an employee's automatic increases within a given range for an agreed upon period of time.

17.01 To protect the standard of living of employees from fluctuations in the cost of living, the Company agrees to provide Cost of Living Allowances determined in the mantJ.er and to the extent hereinafter set forth in accordance with changes in the official Consumer Price Index, published by Statistics Canada (1992=100) and hereinafter referred to as the Consumer Price Index.

17.02 The Cost of Living Allowance provided herein shall be paid to each employee for each hour worked. The amount of the Cost of Living allowance in effect at any given time shall be included in computing vacation pay, holiday pay, call in pay, call back pay, reporting pay, bereavement pay, jury duty pay and subpoenaed witness pay.

17.03 Cost of Living adjustment will be made upward or downward quarterly, as indicated in the Consumer Price Index (1992=100) but in no event will a decline in the Statistics Canada Consumer Price Index (1992=100) below (CPI for May 2008, published in June 2008) provide a basis of reduction in the wage scale.

IS 17.04 For work pe1formed from and after the first day of Get®@er 2QQ8 February 1'1, 2014,

adjustments in the Cost of Living Allowance shall be made at the following times:

March 1,~2014 June 1, ~ 2014 September 1, ~ 2014 December 1, ~ 2014 and at three (3) Calendar Month Calendar Month

Febrnary, ~ 2014 May,~2014

August,~ 2014 November,~ 2014 and at three (3) Calendar Month Calendar Month

Intervals; thereafter to January 1, Intervals; thereafter to December, ~2015 ~2016

17.05 The amount of Cost of Living Allowance shall be one cent (0.01¢) adjustment for each .075 increase in the Index for the appropriate month as indicated in Sub-Article .04 of this Aiticle over the Index published in the appropriate month as indicated in Sub-Article .04 of this Article and such adjustment in the cost of living allowance will be made and paid to each employee in accordance with the table attached hereto and entitled Appendix "E".


17.06 In the event Statistics Canada does not issue the appropriate Consumer Prices Indexes on or before the begilming of one of the pay periods referred to in Sub-Article .04, any adjustment in the Cost of Living Allowance required by such appropriate indexes shall be effective at the beginning of the first pay period after the indexes have been officially published.

17.07 No adjustment, retroactive, or otherwise, shall be made due to any revision which may later be made in the Consumer Price Index published by Statistics Canada for any period on the basis of which the Cost of Living Allowance has been determined.

17.08 The Union and the Company agree that should there by any revision of the Cost of Living Index published by Statistics Canada (1992=100) the Union and the Company will negotiate the mmmer in which the revised Index will apply to wages. However, in no event will the revised Index generate less than or more than that which would have been generated under the (1992=100) Statistics Canada.

18.01 When an employee travels, on Company work, and uses his own automobile, he will be paid, by the Company, thirty cents (30¢) per kilometer travelled. In addition, the employee will be reimbursed for expenses, as follows:

(a) lodging- upon presentation of receipts (b) food and beverage- upon presentation of receipts up to a maximum of fifty-five

dollars ($55.00) per day (payment in same currency as expenditure)

19.01 The starting rate for new employees shall not be less than the negotiated rate and the Plant Chairman shall be informed as to the Class (A, B or C) and classification into which he has been hired.

20.01 The Company will pay employees each Thursday p.m. before the end of their regulm· shift.


21.01 The Company will grant a fifteen (15) minute paid rest period during the first half of each shift. The Company will grant a ten (10) minute paid rest period during the second half of each shift. In the event that employees will be working overtime of two (2) hours or more, an additional fifteen (15) minute paid rest period will be scheduled at the conclusion of the regular shift and every two (2) hours thereafter.

22.01 There shall be a two (2) minute paid wash up period immediately prior to the lunch hour and a five (5) minute paid wash up period immediately prior to the end of the shift.

Employees shall not leave their working stations until the beU or buzzer signals the commencement of the wash up period. The said paid wash up period immediately prior to the end of the shift will be used by the employees to complete time sheets, put away tools and wash up.

23.01 Any employee called to work without having been properly notified that there will be no work shall receive a minimum of four (4) hours work or pay at his regular hourly rate except in case of labour disputes or other conditions beyond the control of Management.

23.02 Any employee called back to work after completion of his regular shift shall receive in such instances four (4) hours work or four (4) hours pay based on his regular hourly rate at the prevailing overtime rate.

24.01 An employee repotting in for work on instructions of the Company for whom there is less than four (4) hours work available will be paid for the time actually worked or an amount equal to four (4) hours pay at the prevailing rate, whichever is the greater, except in the case of a labour dispute or other conditions beyond the control of Management.

25.01 The Company is entitled to schedule overtime as required and shall so far as possible, but consistent with good work practices, equalize overtime among employees in their respective classifications on a yearly basis (a year for the purposes of equalization shall be deemed to be the period between the I" day of march in a year and the last day of


..

26.01

February in the year next following), provided an employee working on a particular job is entitled to complete that job. If an employee refuses to work overtime when requested to do so, the overtime refused will be charged to such employee for the pmpose of equalization of overtime. The Company will post a list monthly showing, by classification, the amount of ove1time worked and/or refused by the employees. All overtime will be voluntary.

Ge®d Friday

Vi~h:uia Day May21 May23 May21

Garu!tla Ilay ~ ~ ~

FLOATER ~ ~ ~

Civis II®liday :AMgttst 2 i\tMgMat 1 AM~

Labettr Day Ssptemhsr e S~tsm@s~ &GJll-lJ G!' 3 Thanksgiving Day Qet€Jiler 11 Gstehsr lQ Ostellsr 8

RBmBmlJran!l!l Ilay Nsvemll!l¥-).;), ~l@VSIDlHW 11 PhP/fM11h @;f 12

Chriai111as l)ay Gsssmbsr.24 Dsssl'llbsr 23 :Qsssml3sr 21

E €HliRg Day Dsgsl'¥ib sr 27 Dsssmhsr 213 l}sssml:'lsr 25

Gkt·iat-mM {)gss!Msr27 Dt.%~~sr28 £kttt00wft :9s€H3~er 29 Dsssm@s¥28 J&sssm@~

:Qgggm@g:r ~Q Dsssmbsr 29 Illloomll er 3 () l}gggJ:¥J:h @f 31 l3)(~gg:f¥.lbgf 3Q IlOO!lmll!J!' 3 1

:Plsw Year's Da) Jmntary 3 Ja!l.-y 2 Jaooary 1

Family Day FOOmary21 Fs13rMary 2Q

2013-2014 2014-2015 2015-2016 Civic Holiday AugustS Anj;(ust4 August3 Labour Day September2 September 1 September? Thanksgiving_ October 14 October 13 October 12 Remembrance Day November 11 November 10 November 9 Christmas Day December24 December24 December 24 Boxing Day December 26 December26 December25 Christmas Shutdown December25 December25 December28

December 27 December29 December 29

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local 195 Page 20of45

., '

December30 December 30 December30 December31 December 31 December31

New Years' Day January 1 January 1 January 1 Family Day February W' 11 February 5I 1/d February !Y /.~ Good Friday April18 April3 1 March25 Victoria Day May19 May18 May23 Canada Day Canada Day July 3 July 1 Floater Jlim i18 ..::lu u ~ July 6 July4

Plus any new statutory holidays declared by our Government.

It is agreed that in order to accommodate the above paid holiday provisions during the Christmas Shutdowns, the Plant will be closed during the Christmas Shutdown periods.

An employee shall be paid at his straight time rte for eight (8) hours for the day of observance of the above paid holidays. However, if an employee works nine (9) hours the last working day before or the first working day after a holiday, he shall be paid at his straight time rte for nine (9) hours for the day of observance of the holiday, if the holiday occurs on a day when nine (9) hours of work would normally be scheduled.

If any of the above paid holidays falls on a Saturday or a Sunday, the employees are entitled to a holiday with pay on the working day immediately preceding or following the holiday.

An employee to be eligible for the holiday pay must meet all of the following eligibility requirenwul~ a~ li~led below:

(a) The Employ~e has seniority as of the date of the holiday; (b) The employee must have worked the last scheduled working day prior to and the

next scheduled working day after such holiday. An employee excused by Management from work or late by not more than one (1) hour on the last scheduled working day prior to or on the next scheduled working day after such holiday within the scheduled work week shall be deemed to have met the requirements of this paragraph (b).

26.02 If a seniority employee is absent from work on his last scheduled working day prior to such holiday or on his first scheduled working day after such holiday by reason of sickness or accident commencing within fifteen (15) calendar days before such holiday, such employee upon furnishing a medical certificate confirming such sickness or accident shall be deemed to have met the foregoing requirements. With respect to the seven (7) holidays comprising the Christmas Shutdown, if a seniority employee is absent from work on his last scheduled working day prior to the first of such holidays, by reason of sickness or accident commencing within thirty (30) calendar days before the first of such holidays, such employee upon furnishing a medical certificate confirming such sickness or accident shall be deemed to have met the foregoing requirements.

26.03 If a seniority employee is absent from work on his last scheduled working day prior to a holiday or on his first scheduled working day after such holiday by reason of layoff


·,

commencing within fifteen (15) calendar days before such holiday, such employee shall be entitled to holiday pay for such holiday. With respect to the seven (7) holidays comprising the Christmas Shutdown, if a seniority employee is absent from work on his last scheduled working day prior to the first of such holidays by reason of layoff commencing within thilty (30) calendar days before the first of such holidays, such employee shall be entitled to holiday pay for such holidays.

26.04 Employees who are requested to work on such holidays shall be paid double the regular hourly rate for all hours worked plus holiday pay.

26.05 When a specified holiday falls within an eligible employee's approved vacation period or during a period in which he receives bereavement or jury duty pay under this Agreement, he shall be paid for such holiday. However, the employee, at his discretion, shall be entitled to take the next working day(s) after his vacation, bereavement, or jury duty, off as compensation for the lost holiday if he notifies the Company of his intention to do so prior to commencement of the said vacation, bereavement, or jury duty.

26.06 An employee on leave of absence under Article 30, sub-articles .03 and .04 of this Agreement shall be entitled to holiday pay but not otherwise under Article 30.

26.07 If an employee qualifies for any of the paid holidays during the Christmas Shutdown, he will qualify for all the paid holidays during that period.

26.08 (a)

(c)

A seniority employee absent on either the last scheduled working day prior to or on the next scheduled working day after a Christmas holiday period shall be ineligible for pay for one (1) of the holidays in the Christmas holiday period, but shall, if otherwise eligible, receive pay for the remaining holidays in the Christmas holiday period.

A seniority employee absent on both the last scheduled working day prior to and the next scheduled working day after a Christmas holiday period shall be ineligible for pay for two (2) of the holidays in the Christmas holiday period, but shall, if otherwise eligible, receive pay for the remaining holidays in the Christmas holiday period.

27.01 Each employee who, on the 31'' day of March in each year, is on the actual payroll of the Company (ie. An employee on the seniority lit who has worked and earned wages from the Company in the previous twelve (12) month period prior to March 31'' of each year) shall be entitled to a vacation with pay in accordance with the following schedule:

(a) An employee with less than one (1) year's seniority on the qualifying date, shall receive one (1) week vacation and four percent (4%) of his gross earnings or 80 times his regular hourly rate of pay including COLA, whichever is greater, for his period of employment ending on the 31" day of March in each year, unless the


-'

employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31'' day of March in each year, in which event he shall receive four percent ( 4%) of his gross earnings for his period of employment.

(b) An employee with one (1) years seniority but less than three (3) years seniority on the qualifying date shall receive two (2) weeks vacation and four percent ( 4%) of his gross earnings, or 80 times his regular hourly rate of pay including COLA, whichever is greater, for the year ending on the 31 '' day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31 '' day of March in each year, in which event he shall receive four percent (4%) of his gross earnings for his period of employment ending on the 31 '' day of March in each year.

(c) An employee with three (3) years seniority but less than five (5) years seniority on the qualifying date shall receive two and one half (2 Yz ) weeks vacation and five percent (5%) of hifi groRR earningR, or 100 times his regular hourly rate of pay including COLA, whichever is greater, for the year ending on the 31 '' day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31 '' day of March in each year, in which event he shall receive five percent (5%) of his gross earnings for his period of employment ending on the 31 ''day of March in each year_

(d) An employee with five (5) years seniority but less than ten (10) years seniority on the qualifying date shall receive three (3) weeks vacation and seven percent (7%) of his gross earnings, or 140 times his regular hourly rate of pay including COLA, whichever is greater, for the year ending on the 31 '' day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31" day of March in each year, in which event he shall receive seven percent (7%) of his gross earnings for his period of employment ending on the 31 '' day of March in each year.

(e) An employee with ten (10) years seniority but less than fifteen (15) years seniority on the qualifying date shall receive four (4) weeks vacation and eight percent (8%) of his gross earnings, or 160 times his regular hourly rate of pay including COLA, whichever is greater, for the year ending on the 31" day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31 '' day of March in each year, in which event he shall receive eight percent (8%) of his gross earnings for his period of employment ending on the 31" day of March in each year.

(f) An employee with fifteen (15) years seniority but less than twenty (20) years seniority on the qualifying date shall receive four ( 4) weeks vacation and nine percent (9%) of his gross earnings, or 180 times his regular hourly rate of pay including COLA, whichever is greater, for the year ending on the 31 '' day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31'' day of March in each year, in which event he shall receive nine percent (9%) of his gross earnings for his period of employment ending on the 31" day of March in each year.

Collective Agreement between Nickleson Machine & Too/Inc. and CAW Loca/195 Page 23 of45

(g) An employee with twenty (20) years seniority but less than twenty-five (25) years seniority on the qualifying date shall receive four and one half ( 4 Yz ) weeks vacation and ten percent (10%) of his gross earnings, or 200'times his regular hourly rate of pay including COLA, whichever is greater, for the yea( ending on the 31" day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31 '' day of March in each year, in which event he shall receive ten percent (10%) of his gross earnings for his period of employment ending on the 31 '' day of March in each year.

(h) An employee with twenty-five (25) years seniority or more on the qualifying date shall receive five (5) weeks vacation and eleven percent (11%) of his gross earnings, or 220 times his regular hourly rate of pay including COLA, whichever is greater, for the year ending on the 31" day of March in each year, unless an employee has worked less than 1,200 hours during the twelve (12) month period ending on the 31" day of March in each year, in which event he shall receive eleven percent ( 11%) of his gross earnings for his period of employment ending on the 31" day of March in each year.

27.02 An employee whose employment is terminated before the qualifying date shall receive vacation pay on a pro-rated basis on the above vacation pay rates.

27.03 Vacation pay will be paid to each employee entitled thereto on or about the 151h day of May in each year.

27.04 Subject to sub-article 27.06, the present practice of scheduling vacations shall continue during the term of this Agreement. In the event it becomes necessary to lay off employees in the Bargaining Unit and there are other employees in the Bargaining Unit with vacation time remaining, the Company and a member of the Plant Committee will request those employees with vacation time remaining to take their vacation in order to permit the employees scheduled for layoff to remain working with the provision that the employees scheduled for layoff are able to perform the work to be done.

27.05 The Company will grant an extended vacation without pay to any employee who qualifies for a vacation with pay in accordance with the foregoing provisions of this Atticle and who has not less than two (2) years seniority with the Company provided:

(a) Such extended vacation shall not be for a longer period than three (3) weeks; (b) Such extended vacation is taken in conjunction with the employee's vacation with

pay for which he is qualified in accordance with the foregoing provisions of this Article;

(c) The employee submits a written request for such extended vacation six (6) weeks in advance of the date of the commencement of such requested extended vacation;

(d) An employee will be granted such an extended vacation only once during the term of this Collective Agreement;

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local !95 Page 24 of45

(e) The granting of such extended vacation shall be subject to the overriding consideration that not more than one (1) employee shall be granted such extended vacation at any one ( 1) time; and

(f) An extended vacation will be granted to any employee provided that at least fifty percent (50%) of his earned vacation is taken at the same time as the extended vacation.

28.01 The Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays, for a maximum of four ( 4) days pay, to and including the day of the funeral, at his regular rate of pay, to a seniority employee who has heen absent from work due to the death of his spouse or child, provided the employee has attended the funeral. In the event of the death outside of the City of Windsor of a seniority employee's spouse or child and the employee cannot attend the funeral, the Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays for a maximum of one (1) day's pay at the regular rate of pay, which day shall be the day immediately following the date of receipt of notice of death, provided such day is a scheduled work day for such seniority employee.

28.02 The Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays, for a maximum of three (3) days pay, to and including the day of the funeral, at his regular rate of pay, to a seniority employee who has been absent from work due to the death of his mother, father, brother, sister, grandchild, mother-in-law, father-in-law, step-mother, step-father, or step-children, provided the employee has attended the funeral. In the event of the death outside of the City of Windsor of a seniority employee's mother, father, brother, sister, grandchild, mother-in-law, father-in-law, step-mother, step-father, or step-children and the employee cannot attend the funeral, the Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays for a maximum of one (1) day's pay at the regular rate of pay, which day shall be the day immediately following the date of receipt of notice of death, provided such day is a scheduled work day for such seniority employee.

28.03 The Company will pay for time lost, exclusive of Saturday, Sunday and paid holidays, for a maximum of one (1) day's pay, at the regular rate, to a seniority employee who has been absent from work due to a death of a grandparent, brother-in-law or sister-in-law of such employee, provided the employee has attended the funeral.

29.01 The Company will make up the difference between the amount of money per day an employee receives while serving as a member of a jury or while the employee is required to attend during the jury selection process or while attending a trial as a subpoenaed witness to an amount equal to the normal eight (8) hours pay which he would have been eligible to receive for working that day. This Article shall apply throughout the duration

Collective Agreement between Nickleson Machine & Tool inc. and CAW Locall95 Page 25 of45

of an employee serving as a member of a jury or attending a trial as a subpoenaed witness.

30.01 Upon application and two (2) weeks notice, except in case of emergency, leaves of absence may be granted employees without loss of seniority, after discussion with the Plant Committee. Leaves of absence must be signed by the Company and Plant Committee. Leaves of absence in no case may be given to any employee for the purpose of working at the trade in another plant.

30.02 Any employee of the Company elected or appointed to a full time position in Local 195 CAW or the National Union, CAW shall be granted a leave of absence by the Company for a period of up to three (3) years and shall retain and continue to accumulate seniority.

30.03 The Company will grant a leave of absence without pay to members of the Plant Committee to attend to Union business arising out of the administration of this Agreement.

30.04 The Company when presented with a request in writing from the Union will grant a leave of absence to any one (1) member of the Bargaining Unit for a period not to exceed seven (7) calendar days where such employee has been appointed or elected by the Union as a delegate to a legitimate Union function such as a convention, conference, council or education course and where any one member of the Bargaining Unit is selected to attend the Labour College of Canada, the Company will grant such employee leave of absence for thirty (30) working days.

30.05 A seniority employee who is convicted of an offence and receives a jail term shall be granted a leave of absence, without pay, for the period to time that the seniority employee is actually in jail or for one hundred and eight (180) calendar days, whichever is less.

~ 1-.l(f

31.01 Pension Plan - The Company and the Unim agree that the Pension Plan presently provided for under the terms of a Contract witli quitable Life Insurance Co. of Canada and the method of making contributions thereto shall continue during the term of this Agreement. The method of contributions to be altered as follows:

(a) Effective MarBil: 1, 2QHJ August l't, 2013, the Company will contribute on behalf of each eligible employee the amount of two dollars all:€! tvm BBllts ($2Jl21 twenty-seven cents ($2.27) per hour worked. No greater than ninety dollars, eighty cents ($90.80) per week.

Effective Maroo 1, 2Qll August 1'\ 2014, the Company will contribute on behalf of each eligible employee the amount of two dollars lllffi tv:gh'g BBRts ($2.121 thirty-two


' <

cents ($2.32) per hour worked. No greater than ninety-two dollars, eighty cents ($92.80 per week.

Effective Mar0h 1, 2Q12 August 1•', 2015, the Company will contribute on behalf of each eligible employee the amount of two dollars al!€1 t'.wllt)' 8€W@Il ®®l!ts ($2.27) fmty-two cents ($2.42) per hour worked. No greater than ninety-six dollars, eighty cents ($96.80).

(b) Both the Company and the employee's contributions to be made in accordance with sub-articles 3l.Ol(a) and 3l.Ol(b) above shall be remitted by the Company not later than the lOth day of the month following the month in which such contributions are to be made.

(c) The Company will pay all administration costs in connection with the Pension Plan.

(d) The Company will continue to make the required contribution to the Pension Plan as herein provided for Committeemen while Committeemen are on Union business subject to the maximum amount hereinbefore provided.

31.02 The Company pay the full premium cost for seniority employees and their eligible dependents of the following:

(a) Ontario Health Insurance Plan (OHIP);

(b) Green Shield Prescription Drug Plan- RX 3P (Product Selection) ~ $2.00 co-pay I $10.00 dispensing fee. 10%/$250 deductible. Request for enhanced mandatory generic drug (brand name vs. generic).

(c) Green Shield Dental Plan - Dental 74 (Orthodontal limit - $1,500.00 lifetime maximum).

Dental Benefits based on the:~ 2011 O.D.A. Fee Schedule for~ 2013 ~ 2012 O.D.A. Fee Schedule for~ 2014 ~ 2013 O.D.A. Fee Schedule for~ 2015

Dental basic and major - $2800.00 max per contract.

(d) Green Shield Extended Health Services- Plan T4:

(i) Audio - $400.00 every five years; (ii) Vision- $200.00 every 24 months; Years 2 and 3, increase to $250.00; (iii) Private Duty Nursing- maximum $10,000.00 lifetime; (iv) Chiropractic, Osteopathic, Podiatric, Chiropodist - Maximum $300.00 -

must exhaust OHIP maximum first; (v) ~htrsing ll€Jm® Sgmi Privatg; (vi) Physiotherapy- maximum $750.00 per annum; (vii) The Company may change insurance carriers provided equal or better

coverage is maintained only with consent of the Union.


31.03 The Company and the Union agree that the Sickness, Accident and Life Insurance Plan present! y provided for under the terms of a Contract with Mutual Life Insurance Company, shall continue during the term of this Agreement and the Company shall pay the full premium cost of this plan.

(a) Sickness and Accident Insurance, six hundred and eighty dollars ($680.00)per week or sixty-six and two-thirds percent (662f3%) of regular straight time earnings, excluding COLA, whichever is lesser.

(b)

31.04 (a)

(b)

Effective March 1, 2011, six hundred and eighty dollars ($680.00) per week or sixty-six and two-thirds percent (662/ 3%) of regular straight time earnings, excluding COLA, whichever is lesser.

Effective March 1, 2012, seven hundred dollars ($700.00) per week or sixty-six and two-thirds percent (662/ 3%) of regular straight time earnings, excluding COLA, whichever is lesser.

Benefits begin on the first day in case of accident and on the first day in case of sickness, if hospitalized and on the fourth day of sickness if not hospitalized, for a maximnm period of fifty-two (52) weeks.

The provisions hereof apply, if the employee is in a hospital as an out-patient for surgical procedures.

S&A payments will be provided by direct deposit.

Life Insurance and Accidental Death and Dismemberment, forty-one thonsand dollars ($41,000.00). Effective March 1, 2012 forty-four thousand dollars ($44,000.00).

The Company will continue to pay the premium in respect of those benefits provided in paragraph 31.02 and 31.03 of this Article for eligible employees on leave of absence or layoff for the balance of the month in which the leave of absence or layoff commences and for the following three (3) months.

The Company will continue to pay the premium in respect of those benefits provided in paragraph 31.02 and 31.03 of this Atticle for eligible employees who become ill or injured for a period of hv@!v@ (12) nine (9) months following the commencement of the illness or injury if such illness or injury commenced while the employee is on active payroll or during the period of time mentioned in paragraph 31.04(a) above while the employee is on leave of absence or layoff.

31.05 The Company will pay one hundred and thirty-five dollars ($135.00) towards the purchase of a pair of safety shoes during each year of this Collective Agreement, provided the employee concerned snbmits proof of purchase to the Company. In the event that an employee who has received money for the purchase of safety shoes quits his employment, he will reimburse the Company at the rate of one twelfth (1112) of the

Collective Agreement between Nickles on Machine & Tool Inc. and CAW Loca/195 Page 28 of45

'

amount paid to him by the Company for each month less than twelve (12) between the date of payment and the date he quits.

31.06 The Company will take the necessary steps to obtain Fire and Theft insurance with respect to employee's tools. Such coverage will be effective as of July, 1977. It is understood that the coverage will be subject to a one hundred dollar ($100.00) deductible and that in order to recover, employees must show evidence of forcible entry into their tool boxes and the tool boxes must be locked in their absence. The Company will pay one hundred percent (100%) of the premiums for such insurance coverage.

31.07 With respect to the benefits provided in sub-article 31.02 and sub-article 31.03 of this Agreement, an employee who is on a leave of absence or layoff for a period of time in excess of the period of time provided in sub-article 31.04(a) and an employee who is absent from work in accordance with sub-article 31.04(b) and who wishes to remain part of the Company's group with respect to these Plans, may do so, subject to the requirements of these Plans, provided he continues to be an employee of the Company and continues to meet the eligibility requirements of the Plans, and provided he pays to the Company the amount of the premium in advance of the premium due date. This privilege will terminate on the expiry of eighteen (18) months from the commencement of the leave of absence or layoff or illness or injury.

31.08 Probationary employees shall not be entitled to any of the foregoing benefits.

31.09 Each eligible employee will be emolled at the first emollment period permitted by each of the carriers of the said benefits.

32.01 Foremen and persons above such rank shall petform no work ordinarily performed by members of the Bargaining Unit except for instruction, training, demonstration or emergency.

32.02 A member of the Bargaining Unit will be present whenever work is being performed pursuant to sub-article 32.01. The Company will, prior to performing work pursuant to sub-article 32.01, advise the Union of the extent of the work to be performed.

33.01 In the event the Company moves any or all of its operations to a new location during the term of this Agreement, the employees affected shall have the right to transfer to the new location.


34.01 The Committee may have the use of one (1) bulletin board in the plant for posting of Union notices regarding recreational and social activities, meetings or elections, but will not include any material pertaining to any political matter or anything that is contrary to Company policy or the provisions of this Agreement. The posting of such notices must be authorized by the Company, which authorization shall be indicated by an official of the Company initialing the notice to be posted.

35.01 Appendices "A" to "E", inclusive, and the Letters attached hereto are agreed to form a part of this Agreement.

36.01 Employees who are injured at work and who are unable to continue at their job shall be paid their regular earnings for the balance of the shift on which the injury or illness occurs.

36.02 Where the injured employee requires or requests transportation to a medical facility, the Company agrees to provide such transportation.

36.03 In order to qualify for payment from the Company, the Company may request a satisfactory medical note confirming the employee's inability to work.

37.01 This Agreement shall become effective on the 1" day of Marek 2GHl August 2013 and shall continue in full force and effect until 11:59 o'clock p.m. on the~ 31'1 day of mrliary 2Gl3 July, 2016 when it shall automatically terminate.

Notice that amendments are required or that either party intends to terminate the Agreement shall be given during the period of not more than ninety (90) days and not less than thirty (30) days prior to the terminal date. It is understood that during any negotiations following upon notice of termination or notice of amendment, either party may bring forward counter-proposals arising out of or related to the original proposals.

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Local 195 Page 30of45

Tool & Die Maker & Machine Tool Builder

Leader Horizontal Boring

Mill Operator

ID & OD & Universal Grinder Operator

Jig Borer & Jig Grinder Operator

CNC Machine Operator

General Machinist AA

General Labourer\ Tool Crib Attendant

Class A

Class B

Class C

Class A Class B Class C




$29.e2 $29.92 $30.90 - $31.20

$28.92 $29.22 $30.205 - $30.50 $28.§7 $28.87 $29.85- $30.15

$27.13 $27.H $28.41-$28.71 $B0.78 $27.Q8 $28.06 - $28.36

Apprentices shall be paid as per Appendix "F" of this Collective Agreement.

The above rates do not include any cost-of-living allowance.

Any employee shall be paid in addition to his regular straight time hourly rate of pay a premium of futty BBlliB (4Q¢) seventy cents ($0.70) per hour for all hours worked off the Plant premises.

NOTE: Employees in the classification of General Machinist AA will only operate lathes, radial drills, small drill presses, vertical and horizontal milling machines.


1. The following provisions shall apply to the classification of General Labourer:

(a) The duties of General Labourers shall be as follows: filing, cutting steel, helping on assembly, snagging, barbering, sand blasting, painting, loading and unloading, operating the jitney, making crates, production work on machines (including CNC Machine), shop maintenance, driving truck, janitorial duties, and other related duties as mutually agreed upon by the Union and the Company.

(b) The assignment of particular jobs to members of the General Labourer classification shall be at the discretion of the Company.

(c) For the sake of clarification, the Company will, to the extent possible, advise each member of the General Labourer classification of its primary duties and changes thereto from time to time.

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Locall95 Page 32 oj45

NICKLESON MACillNE & TOOL INC. SKILLED TRADES FLOW CHART FOR LAYOFF

Tool and Die Horizontal Maker and Machine Boring Mill Tool Builder Leader Operator

Jig Borer and Jig Grinder Operator

I.D. and O.D. and Universal Grinder Operator

Tool Crib Attendant

General Labourer

To Layoff


C.N.C. Machine Operator

(

General Machinist

This letter confirms the following items agreed to by the Company during our recent meeting with the Union of July 23, 1971.

(a) The telephone presently in the tool crib may be used by employees during the lunch break. It is further nnderstood that this phone is to be used for local calls only. This phone will be answered by employees during the lunch break. Use of cell phones and or texting only to be performed on breaks.

(b) Only one clean shop coat or apron to be supplied bi-weekly.

(c) Paper towels supplied in washroom.

(d) The wearing of safety glasses by all employees shall be compulsory in the plant during all working hours. The Company will provide safety glasses for all employees. If an employee requires prescription safety glasses the Company will provide and pay for such prescription safety glasses, the employee shall pay for the costs of an eye examination or other service charge by the eye doctor or optician in connection with obtaining such prescription eye protection. Employees obtaining safety prescription glasses under this plan must agree to accept and use the approved safety frames furnished by the Company and not replace them with other frames. The Company will replace seriously damaged safety glasses or pay for necessary repairs to same, if damage 'not caused through negligence, but if an employee loses his safety glasses he will be required to pay for the full cost of the replacement.

This letter will confirm our agreement of this date with respect to the following matters relating to the attached Collective Agreement.

(a) For the purposes of clarify, subsection.02, paragraph (b) of Article 8 entitled "Application of Seniority" shall be applied as follows:

(1) The classification in which a layoff is to occur shall be identified;

(2) The employee with the least seniority within such classification shall be identified for layoff;

(3) Such employee shall flow in accordance with the Flow Chart (Appendix "C") in the direction of the arrows and may displace an employee in another


' '

classification who has less seniority, provided they are able to perform the work requirements within a trial I familiarization period of one (1) regular workweek;

(4) No employee identified for layoff shall be permitted to flow upwards against the direction of the arrows.

(b) In the application of sub-section .04 of Article 8, the employee being recalled, if not recalled to his classification, will have a trial I familiarization period of one (1) regular work week within which his ability and willingness to perform the work requirements will be determined. This provision shall not apply if the position to which the employee sought to displace another employee in accordance with paragraph A (3) above unless the employee's qualifications with respect to the position in question has changed since the time of layoff; provided that any employee who asserts that his qualifications have changed must provide satisfactory proof of the changed qualifications.

This letter confirms the following items agreed to by the Company during our recent meeting with the Union February 26, 1974.

1. The Company will spray paint only when members of the bargaining unit are not working.

2. The Company will endeavour to eliminate the smoke pollution to a level generally acceptable by the members of the Union by the following steps:

1" Step: Opening windows at ceiling level to create a cross draft at ceiling level.

2"d Step: Installing a satisfactory dust collective above the oue m~jor welding area.

3. The Company will install a fan in the Grinding Room.

The Company will not sub-let work which is normally done by Members of the Bargaining Unit while there are Members of the Bargaining Unit on layoff who can do the work which is being sub-let. Before any work is sub-let the Company will discuss with the Plant Committee what work they are considering to sub-let and the reasons therefore.

The Company will not sub-let work which is normally done by Members of the Bargaining Unit during reduced hours in accordance with Article 8.01 (b).


The Company and the Union agree as follows:

1. The Company will post, not later than March 1st of each year, a schedule on which employees will indicate their vacation choices for the months of June, July and August.

2. Employees who are desirous of taking vacation during the months of June, July and August of each year will indicate, on this schedule, the time when they would like to take their vacation.

3. The schedule will remain posted until April 151h of each year.

4. If there are difficulties in accommodating the vacation requests, the Company and the Committee will meet and attempt to resolve these difficulties.

5. If any difficulties cannot be resolved as provided in paragraph 4 above, then seniority will be the determining factor.

6. The Company will post, by May 15'11 of each year, the finalized vacation schedule for the months of June, July and August.

7. Vasati®:RS d1:1ring ths menths ®tb:Br than 1Mne, Jtdy aft€! l\ttgNst vdll he dealt with as in ~!!4;, Vacation other than the months of June, July and August must be posted no later than September 1'1• Failing do to so the Company will post said vacation on behalf of the employee subject to their approval.

8. ¥:aeati0ns duri:ag the mgaths sther thaa Jl:lft€1, J1:1ly m€1 AugMst vlill he tisalt with as itt the past ensept that empl0j'e®s lNhe re€ltl€St vagati€Hl €lther thoo in 1Mae, 1Hly @f :AMgHst will tJr€lvi€1s the C€1~afty with a minimttm: sJ Hve (5) werking days V/ritten netiee €Hi a F0rm SNpplis€1 By ths C@ftlftaM:Y prh~r t€l thg l'€€JMBsted: vaeati-

This will confirm our understanding reached during negotiations as follows:

1. The Company will continue to keep masks and parts available.

2. The Company will acquire a "pocket page" for use by management personnel. The hom in the Plant will be used to signal the start and end of the shift, the lunch period and the rest periods.

3. Employees of outside contractors shall not use the Company time clock during times when members of the Bargaining Unit are using same and further, such persons shall be instructed to not interfere with members of the Bargaining Unit in connection purchasing items from the catering truck.

This letter will confirm the undertaking of the National Representative of the Union and the members of the Plant Committee to request the full cooperation of all employees regarding their working all scheduled overtime.

This letter will confirm our understanding with respect to employees excused by the Company from work in accordance with the provisions of paragraph B of sub-article 26.01 of the Collective Agreement.

The Company will grant the request of an employee who requests time off from work on the last scheduled working day prior to or on the next scheduled working day after a paid holiday, provided the employee supplies a satisfactory reason and, whenever possible, with documentation.

RE: DRUG AND ALCOHOL ABUSE

The Company and Union recognize that alcoholism and drug abuse are illnesses that can be treated. An individual who commits him/herself to the program will not have his/her job security jeopardized by making such a commitment.

Collective Agreement between Nickleson Machine & Tool Inc. and CAW Loca/195 Page 37 oj45

Diagnosis of alcoholism and dmg abuse should be left to those professionally qualified to do so. Medical records of individuals with dmg and alcohol problems will be kept confidential.

It is understood that the programs such as "BRENTWOOD"' exist for the purpose of assisting employees who are in need of assistance and continue on a course of treatment consistent with the stipulation of the program.

Nothing in this statement is to be interpreted or construed as a waiver of management's right to maintain discipline in any case of misconduct which may result from or be associated with the use of alcohol or dmgs.

An employee who

collective agreement · 7.02 (a) the company and the union recognize the following classification...

Documents