collective agreement -between- nemak canada corporation fabricatio… · 2 caw/ nemak canada...

COLLECTIVE AGREEMENT

-between-

NEMAK CANADA CORPORATION

Windsor, Ontario Canada

-and-

National Automobile Aerospace,

Transportation and

General Workers Union of Canada (CAW-Canada)

And its Local 200

Dated: January 01, 2011

2

CAW/ NEMAK CANADA CORPORATION

(Windsor Aluminum Plant)

COLLECTIVE BARGAINING AGREEMENT

TABLE OF CONTENTS

ARTICLE TOPIC PAGE

1 Purpose 4

2 Recognition 4

3 Management Rights 4

4 Union Security 5

5 Intimidation, Coercion and Discrimination 6

6 No Strike – No Lockout 6

7 National Representatives 6

8 Bulletin Boards 6

9 Printing of the Collective Agreement 6

10 Seniority 6

11 Loss of Seniority 7

12 Job Postings 7

13 Layoff and Recall 8

14 Union Representation 9

15 Grievance Procedure 11

16 Arbitration 12

17 Hours of work 13

18 Overtime 13

19 Overtime Rates 14

20 Reporting Allowance 14

21 Call in Allowance 14

22 Substance Abuse 14

23 Administration of Discipline 14

24 Disciplinary Action 15

25 Incapacitated Employees 15

26 Leave of Absence 15

27 Paid Educational Leave (PEL) 16

28 Bereavement Leave 17

29 Jury Duty 17

30 Vacation Scheduling 18

31 Holiday Pay Plan 18

32 Technological Change 20

33 New Job 21

34 Protective Clothing 21

35 Payday 21

36 New Employee Orientation 22

37 Health and Safety 22

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38 Job Descriptions & Classification 25

39 Lockers 25

40 Rates of Pay 25

41 Swipe Cards 26

42 Shift Premium 26

43 Benefits 27

44 Defined Contribution Pension Plan 29

45 Vacation Pay 30

46 National Day of Mourning 30

47 Social Justice Fund 30

48 First Aid 30

49 Medical Certificates 30

50 Contracting In and Contracting Out 30

51 Work by Non Bargaining Unit Persons 31

52 Training, Retraining and Refresher Courses 31

53 Duration of Agreement 31

54 Attendance Policy 32

55 Skilled Trades 32

Letter #1 Minor Maintenance 36

Letter #2 Alternate Work Schedules 37

Letter #3 Production Classifications 38

Letter #4 WAP Facilities 39

Letter #5 Medical Notes and RTW 40

Letter #6 TPT Pool 41

Letter #7 Critical Jobs 42

Letter #8 Product/Work Ownership and Full Plant Closure 43

Letter #9 Summer Shutdown 44

Letter #10 Transition Levelling Seniority Application 45

Letter #11 Skilled Trades 46

Letter #12 Placement Opportunities 47

Letter #13 Transition - Overtime Opportunities 48

Letter #14 Skilled Trades 49

Letter #15 Ford Transferee Seniority 50

Letter #16 Health Benefit Coverage Timing 51

Memorandum of Settlement 52

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ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to establish mutually satisfactory relations between the

employer and its employees and to provide a framework for peak performance and efficiency to

remain competitive in the manufacture of aluminum and/or aluminum cylinder block castings.

This Agreement will set forth the terms and conditions of employment to be observed between

the parties hereto and to provide an orderly collective bargaining relationship between the

Company and the Union and to secure prompt and equitable disposition of grievances and to

prevent interruption of work and interferences with the efficient operation of the Company

business.

ARTICLE 2 - RECOGNITION

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent with respect to

wages, hours of work and other working conditions, and this Agreement will pertain to all its

hourly employees in the bargaining unit located at the Nemak Windsor Aluminum Plant,

Windsor, Ontario.

The word “employees” as used in this Agreement, means any hourly rated employee employed

by the Company at the location herein after designated but excluding supervisors, persons above

the rank of supervisor, office, clerical and sales.

The Company will negotiate at all times necessary in the manner provided herein, with the

chosen accredited representative of the Union, for the purpose of resolving any disputes which

may exist or which may arise as to wages, hours of work or working conditions. The Company

agrees that it will not exercise its management rights to restrict or limit the rights of its

employees herein granted.

In the event, the Company physically relocates, expands or transfers its Windsor Aluminum Plant

operations to another facility serving Windsor, Ontario Canada, laid off employees with no

likelihood of rehire at their current facility, will have the right to transfer and perform such work

as exists in their classification at the new or expanded facility or exercise seniority in accordance

with the seniority clause in this Agreement.

The Union bargaining rights will continue to be in effect at any relocated, expanded or

transferred facility within Windsor, Essex County and none of its rights and obligations will be

varied.

2.02 If the Company is awarded work at any other Nemak, Windsor and Essex County location(s) in

Ontario pertaining specifically to casting of aluminum blocks/cylinder Heads and aluminum

manufacturing, this agreement will apply to all bargaining unit members of the CAW Local 200

Union to be identified.

ARTICLE 3 – MANAGEMENT RIGHTS

3.01 Within the framework of this Agreement, the Company reserves the right to hire, promote,

transfer, demote or layoff employees and to suspend, discharge, or otherwise discipline

employees for just cause subject to the right of any employee to lodge a grievance in the manner

and to the extent herein.

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3.02 Within the framework of this Agreement, the Union further recognizes the right of the Company

to operate and manage its business in all respects in accordance with its commitments and

responsibilities, to maintain order and efficiency in its Plant.

3.03 Management rights as set out in this Collective Agreement must be exercised fairly, without

discrimination and in accordance with the Collective Agreement.

ARTICLE 4 – UNION SECURITY

4.01 It is agreed that every employee of the Company who is now, or hereafter becomes a member of

the Union, shall maintain his/her membership in good standing as provided in the Constitution

and by-laws of the Union, as a condition of his/her employment.

All new employees prior to the commencement of his/her employment shall be required to sign

an application for membership and authorization for check off dues and initiation fee, supplied

by the Union to the Company and maintain membership in good standing.

The Local Union copy of this form will be forwarded to the Local Union Financial Secretary upon

completion.

All dues and initiation fees deducted must be remitted to the Local Union Financial Secretary

within ten (10) working days of the deductions with a list of names and the amount of each

deduction.

The Company will also supply a list of those members who did not have Union dues deducted

and the reason why no deduction took place.

The Company also agrees to include on the employee’s T-4 slip for income tax purposes, the total

union dues paid for the year.

The Financial Secretary of the Local Union will notify the Company of any change in the amount

of Union Dues and /or Initiation Fee to be deducted in line with the Constitutional requirement

of the National Union.

The Company further agrees to furnish the following information to the Union Chairperson, a

copy of such will also be provided the Local 200 Office:

1. A list of all members in the Bargaining Unit

2. Updated address, names and telephone numbers

3. A monthly status change report of Bargaining Unit Employees identifying the following:

i) Reclassification

ii) New hires

iii) Transfer out of bargaining unit

iv) Each member’s status (i.e. weekly sick benefits, LTD, WSIB and any other leave

of absence)

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4. Number of hours worked in the month

5. Each member’s hourly rate and job title

ARTICLE 5 – INTIMIDATION, COERCION AND DISCRIMINATION

5.01 The Company and the Union agree that there shall be no discrimination, coercion, interference,

restriction exercised or practised against any employee in regard to training, upgrading,

promotion, transfer, discharge, layoff, recall or other work condition because of race, creed,

colour, sex, national origin, political or religious affiliation, disability, sexual orientation, marital

status nor by reason of union membership or activity.

The Company also agrees there shall be no discrimination against any employee pursuant to the

provisions of the Ontario Human Rights Code.

ARTICLE 6 – STRIKE AND LOCK-OUTS

6.01 The Company and the Union agree to be bound by the provisions of the Ontario Labour Relations

Act, in respect of strikes and lockouts.

ARTICLE 7 – ATTENDANCE OF NATIONAL REPRESENTATIVE

7.01 A National Representative or Representatives of the National Union and/or the Local Union

President may be present and participate in any meeting of the Union Bargaining Committee and

the Company.

ARTICLE 8 – BULLETIN BOARDS

8.01 The Company will provide enclosed bulletin boards for the use of the Executive of the Union, at

agreed upon locations throughout the work place for posting notices of the Union.

ARTICLE 9 – PRINTING OF THE COLLECTIVE AGREEMENT

9.01 The Company agrees to print and supply the Collective Agreements and benefits books, to all

employees in the bargaining unit, at no cost to the Union or the Employees. The printing will be

distributed within three (3) months of ratification. The Company agrees to consider any Union

recommended printer and use them if their cost is competitive with pricing available in the area.

ARTICLE 10 – SENIORITY

10.01 The Company and the Union agree with the principle that those with greatest seniority shall be

given preference in promotions and that those with least seniority shall be the first to be

demoted, re-assigned or transferred.

10.02 Fundamentally, rules respecting seniority are designed to give employees an equitable

measure of job security based on length of service with the Company and subject to the

provisions of the Collective Agreement.

10.03 Seniority will be established and maintained for all employees in the bargaining unit on a plant-

wide basis.

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10.04 Seniority rights shall be established from the date of original hire and be revised every three

months and posted on the plant notice boards. A copy of such list will be given to the Union

Chairperson of the Committee.

10.05 Employees will be regarded as probationary employees for the first ninety (90) calendar days.

Upon completion of the probationary period, seniority will be retroactive to the date of hire

and their name will appear on the seniority list.

10.06 Employees having the same date of hire shall be listed on the seniority list in alphabetical order

by last name, first name, middle name if required with “A” being the high seniority. (Regarding

Ford Transferee Seniority, see Letter of Understanding #10).

10.07 No employee covered by this Agreement will be transferred to a position outside the

Bargaining Unit without his/her consent.

10.08 An employee who is promoted out of the Bargaining Unit will lose all Bargaining Unit seniority

after they have been out of the Bargaining Unit for thirty (30) calendar days.

ARTICLE 11 – LOSS OF SENIORITY

11.01 Seniority rights shall cease and employment will terminate for any of the following reasons:

1) If an employee voluntarily quits employment, retires or is discharged and such discharge

is not reversed through the grievance procedure.

2) A laid off employee with seniority shall retain recall rights for a period of twelve (12)

months or length of employee seniority, whichever is greatest with a maximum of forty-

eight (48) months.

3) If an employee fails to report for work in accordance with a notice of recall, or within

five (5) working days after registered mailing date of such notice, whichever is later,

unless a satisfactory reason is given.

4) The employee is absent from work for three (3) consecutive working days without

notification to his/her Employer and does not give a reason satisfactory to the Employer

for his/her failure to report for work or to notify the Employer of his/her absence and

the reason for it.

5) The employee materially falsifies his/her application for employment history and such

falsification is discovered within eighteen (18) months of his/her date of hire.

ARTICLE 12 – JOB POSTING

(a) In the event job opportunities occur, the Company will post such vacancies and shift for a period of

three (3) working days before hiring outside (if no one applies). Seniority Team Members interested in

these vacancies may apply. Each posting will list the qualifications and the number of Team Members

required. Immediately upon making the initial decision, the name of the Team Member awarded the job

will be posted and given to the Union. If a bid is cancelled a posted notice will notify Team Members.

Team Members are required to complete a Position Application Form when applying to such posting. If a

Team Member applies for more than one job posting at the same time, he/she must identify which job

they prefer.

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(b) Positions will be awarded based upon seniority.

(c) As soon as practical, the successful bidder will be placed in the new classification. Upon placement,

the Team Member will be frozen in the new position for a period of six (6) months.

(d) Once placed in the new classification, the Team Member will have up to fifteen (15) working days

familiarization period to demonstrate the ability to satisfactorily perform the job. During these fifteen

(15) working days the Team Member will be provided instruction and training to become familiar with the

job. In the case the Team Member is not retained in the job by the Company, the Team Member will be

returned to their former classification and shift, seniority permitting.

(e) A Team Member may voluntarily elect to give up their rights to the job within fifteen (15) days of the

position being awarded. In doing so, they will forfeit their right to bid for a period of six (6) months.

(f) Job Disqualification - Should selected employees prove incapable of performing the job, within a

maximum thirty (30) calendar day period, the Company will repost the job.

Employees who vacate the subject position after fifteen (15) days or do not accept a position to which

they posted will be ineligible to post for six (6) months.

12.01 - Temporary Job Postings

In the event of a vacancy expected not to exceed (forty five) 45 calendar days the Company will not post

and the position will be reassigned to employees as necessary. The temporary vacancy will be filled in

accordance with the provisions of Article 10.

When the Temporary vacancy ends, the Team Member will be returned to their previous job and shift,

seniority permitting.

ARTICLE 13 – LAY OFF AND RECALL

13.01 When there is a reduction in the workforce, the Employer agrees that employees shall be laid-off

in the reverse order of their seniority provided that the remaining employees are willing and able

to perform the work. The employees shall be recalled to work in order of their seniority.

13.02 In the event of a reduction in the workforce, all probationary employees in the job classification

affected in the plant, shall be laid off before any employee with seniority is laid off.

13.03 Employees on temporary job postings shall be removed before any employee on a permanent

job.

13.04 In the event of a reduction in workforce under this Article, Stewards and members of the

bargaining committee and union chairperson shall be the last persons removed from their

classification during their term of office. Thereafter, they will be subject to all bumping

provisions except that they will not be laid off during their term of office, so long as full time

work at their own level or a lower wage is available in the plant which they are qualified to

perform.

13.05 Any permanent employee who is subject to layoff may displace a less senior employee from an

equivalent or other job classification for which he/she possesses the minimum requirements.

13.06 The Company will give the employee the required notice of layoff or pay as provided in

accordance with the Employment Standards Act. A list of employees declared surplus will be

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made available to the Union at least five (5) working days prior to the Notice required under the

Employment Standards Act.

13.07 When there is an increase in the work force, laid off employees shall be recalled to work in the

order of seniority.

13.08 No new employee or employees shall be hired until laid off employees have been given the

opportunity to return to work.

13.09 Reduction of Workforce – Temporary/Short Term

A Temporary/short term layoff applies when reductions do not exceed ten (10) working days.

Layoffs under this section will be by seniority in the classification, production line, production

department and shift affected.

13.10 Reduction of Workforce – Long Term

When the Company determines that a reduction in the workforce in excess of 10 working days is

necessary, Team Members will be laid off from the classifications affected in reverse order of

seniority, provided the remaining Team Members have the necessary skill and abilities to

perform the work. Where all things are equal, the senior Team Member will be retained.

Temporary Team Members will be the first to be removed from the plant followed by

probationary Team Members.

13.11 Recall from Layoff

Team Members will be recalled to available work in order of seniority provided they are able and

willing to perform the required work.

(a) Any Team Member who exercises their seniority to displace into another classification or is

transferred to another classification due to a reduction in force will be returned to their previous

classification as required by the work load if such requirement occurs within twelve (12) months.

After twelve (12) months, the vacancy will be posted.

(b) Any Team Member who exercises their seniority to displace into another classification or is

transferred to another classification due to a reduction in force will be afforded up to fifteen (15)

day familiarization period provided the Team Member has never worked in the classification

previously.

ARTICLE 14- UNION REPRESENTATION

14.01 Chairperson

a) There shall be one (1) full-time representative designated by the Union and compensated by

the Company who will be the Chairperson. The Chairperson and his/her designate will be

compensated at the employee’s regular straight time hourly classification rate for up to eight (8)

hours per day Monday – Friday.

b) The Company recognizes the privilege of the Chairperson and his/her designate of the Union

Committee to leave the plant in the course of the performance of his/her functions as such, but

he/she shall notify the designated Company Representative when leaving and returning to the

plant during scheduled working hours.

c) Full time Committeeperson(s) shall have super-seniority for their term of office in the event of

shift preferences, department reduction, or layoff, as long as there is work for which they are

qualified.

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d) At the end of a Chairperson’s tenure, he/she will be returned to his/her former classification

and department, seniority permitting.

e) When twenty (20) or more bargaining unit employees are working overtime, the Plant

Chairperson will be asked to work the overtime.

f) When the bargaining unit is two hundred (200) to three hundred and ninety nine (399)

employees, there shall be four (4) Committeepersons, including the Chairperson. The

Chairperson and (1) other Committeeperson shall have the right to devote their full-time duties,

as such but the remaining Committeepersons shall be on a part time basis.

14.02 Other Representation

a) The Union shall designate one (1) Part time Committeeperson on #1 (midnight shift) and one

(1) Part time Committeeperson on #3 (afternoon) for a total of two (2) Part time representatives

in addition to the Chairperson.

b) The Union Representative working on a shift will not be reduced as long as there are members

working on the shift to which he/she is assigned.

c) If none of the plant committee members are skilled trade’s employees, the Company will

recognize a skilled trade’s representative elected or appointed by the Union from the skill trades

group who will attend grievance meetings involving trades issues, bargaining sessions involving

trades issues, or any other meeting with management involving trades issues. The skilled trade’s

representative will not be considered as a regular member of the plant committee, but will be

afforded reasonable time to handle skilled trades issues.

d) Union representatives shall be allowed reasonable time off the job with pay to attend to

grievances or complaints. Such time will be granted within a reasonable time.

e) If the Union representative is required to leave their workstation for the purpose of handling a

grievance or complaint, they shall first secure permission from the respective Supervisor. Such

permission shall not be unreasonably withheld. Each Union representative and Management

person will in turn act responsibly in dealings with regard to these matters.

f) The Company and the Union will hold monthly Labour-Management meetings for the purpose

of discussing issues relating to the workplace, which affect the parties or any Team Member

bound by this Agreement. The Plant Committee will attend these meetings with pay. Grievances

will not be discussed at these meetings.

14.03 Notification

a) The Union will inform the Company in writing of the names of the Union Representatives and

other Union Officials, and subsequent change in the names of such representatives. The

Company will not be required to recognize representatives until such notification from the Union

has been received.

b) The Union shall not conduct Union business or activities on Company time without the

permission of management.

c) With prior notification, the President of the local Union, National Representative or designate

shall be granted admission to the plants covered by this Agreement on the understanding that

there will be no undue interference in production.

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14.04 Women’s Advocate

a) The Company will recognize a women’s advocate appointed by the Union. This employee will

be given a one (1) week leave of absence with pay to undergo initial training.

b) The parties agree to recognize a CAW female member who will serve in the role of the

Women’s Advocate. The female advocate will meet with female members as required to discuss

problems with them in a private area provided for confidentiality.

c) The Women’s Advocate will develop appropriate communication to inform female employees

about the advocacy role.

ARTICLE 15 – GRIEVANCE PROCEDURE

15.01 Any matters or complaints raised by an employee of the Union covered by the terms of this

Agreement regarding the administrative interpretation alleged violation, or application of this

Agreement, may be submitted as a complaint or grievance.

An earnest effort shall be made without undue delay to settle any complaint or grievance which

may arise between the Company and the Union or an employee in the following manner:

Step 1 An employee who has a complaint shall discuss it with his/her Supervisor or

designate accompanied by his/her Committeeperson.

A full discussion with a view to resolving the complaint will be held between the

Supervisor or designate, the Committeeperson and the employee involved. The

Supervisor or designate shall give an oral reply, as soon as possible; but in all cases, it

shall be given within three (3) working days from the original presentation of the

complaint.

Step 2 If the decision of the Supervisor or designate at Step 1 does not settle the complaint

to the satisfaction of the employee and the Committeeperson, then the complaint

shall be presented in writing (hereafter referred to as a grievance) to Labour

Relations, within three (3) employee’s working days by the committee person from

the date on which the decision at Step 1 was rendered. The grievance form will be

supplied by the Company. The Union shall attempt to identify the applicable Article(s)

of the Collective Agreement allegedly violated and the date of the incident.

A meeting will be held within three (3) working days from the date upon which the

written grievance was presented to Labour Relation. The meeting will be attended by

the employee and the committee person, labour relations and the department head.

The Labour Relations department shall render a written decision on the grievance

form and present to the committee person within three (3) working days from the

date of the meeting.

The parties recognize the importance of full discussion and shall make every effort to

settle the complaint grievance at either Step 1 or Step 2.

Step 3 Should the grievance proceed, it shall be presented by the

Committeeperson to the Labour Relations Department within three (3) working days

from the date on which the decision at Step 2 was received by the Committeeperson.

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A final effort at mutual settlement shall be made at a meeting to be held within five

(5) working days from the date upon which the grievance was presented to the

Labour Relations Department. Labour Relations and the Union Chairperson will

mutually agree to an agenda outlining the grievance(s) to be heard at the Step 3

meeting.

The Union shall be represented at such meeting by the Bargaining Committee,

committee person and the aggrieved employee. The Company shall be represented

by Labour Relations and the Department Head.

The Company shall provide the Union with its written decision on the grievance within

three (3) working days from the date of the meeting.

The Company will produce at the Step 3 meeting, such pertinent disciplinary notices,

production, payroll and attendance records pertaining to the aggrieved employee

involved as may be necessary for the settlement of the grievance.

The Company agrees that a written explanation shall be given for a grievance being

denied at Step 2 and Step 3.

A monetary grievance settlement will be issued within two (2) pay periods.

ARTICLE 16 – ARBITRATION

16.01 a) Within five (5) working days from the date of receipt of the Company’s written decision

on a grievance in Step 3 the Union through the Chairperson of the Bargaining

Committee, may request in writing that the grievance be appealed for Arbitration.

b) It is agreed that disputes which are carried to Arbitration shall be heard before a single

Arbitrator.

The Union shall, in their Notice of Intent to Proceed to Arbitration, suggest three (3)

names to serve as Arbitrator. The company shall respond within ten (10) working days,

either agreeing to the Union’s proposed Arbitrator or suggesting alternative Arbitrators.

If the parties cannot agree on an Arbitrator within ten (10) working days, either party

may request the Minister of Labour to appoint a single Arbitrator.

c) The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this

Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision

inconsistent with the terms and provisions of this Agreement or to deal with any matter

not covered by this Agreement. The Arbitrator however, in respect of a grievance

involving a penalty, shall be entitled to modify such penalty as in the opinion of the

Arbitrator is just and equitable.

d) The decision of the Arbitrator shall be final and binding on both parties and his expense

shall be borne in equal shares by the Company and the Union.

e) Time limits in this Article may be extended only by written agreement between the

Company and the Union.

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ARTICLE 17 – HOURS OF WORK

17.01 A one (1) shift and/or two (2) shift operations during the regular work week shall consist of forty

(40) hours per week, Monday through Friday, comprised of five (5) eight (8) hour shifts. There is

no guarantee of a minimum number of hours of work per week. The Company shall grant paid

rest periods of fifteen (15) minutes during the first half of the shift and fifteen (15) minutes

during the second half of the shift. Employees shall be entitled to an unpaid lunch period of thirty

(30) minutes.

17.02 A three (3) shift operation during the regular work week shall consist of forty (40) hours per

week, Monday through Friday, comprised of five (5) eight (8) hour shifts. There is no guarantee

of a minimum number of hours of work per week. The Company shall grant paid rest periods of

fifteen (15) minutes during the first half of the shift and fifteen (15) minutes during the second

half of the shift. Employees shall be entitled to paid lunch period of twenty (20) minutes

17.03 Starting and stopping times may be modified to meet Customer needs. The Company will meet

with the Union to discuss any such changes and will attempt to provide two (2) weeks notice if

possible.

ARTICLE 18 - OVERTIME

18.01 Overtime work shall be on a voluntary basis and it is mutually agreed that when overtime work is

scheduled by the Company, it shall be distributed in an equalized manner amongst the employee

in the classification within their department usually performing such work. However, the

Company recognizes the equity of maintaining minimum differentials in the overtime hours

amongst all employees within a departmental classification. If a sufficient number of qualified

volunteers are not obtained, employees with the least amount of overtime will be required to

work a maximum of eight (8) hours per week (Overs, Earlies and/or Saturday).

The overtime roster will be maintained by departmental classifications, updated weekly and will

be openly displayed in the work area, so that employees may check their respective standing.

18.02 Notice of overtime opportunities must be given at the lesser of four (4) hours or as soon as the

need becomes known before the shifts ends for an extended shift, or in the case of weekend

work such as Saturday, Sunday or a holiday, the work notice for overtime work must be given by

1:00 p.m. on the Thursday prior to the weekend. If customer needs require such weekend or

holiday overtime and notice is received after 1:00 p.m. on Thursday, notice will be given as soon

as it is received.

18.03 The employees with the least credited overtime hours in the departmental classification will be

offered the overtime opportunity first.

18.04 Any employee who changes department classification shall be credited with the average number

of hours in the classification to which he/she enters.

18.05 Any employee placed on an overtime roster to hire, recall, reclassification or return from sick

leave is to be charged with the average number of hours charged against the employees in the

work area who are in the same department classification.

18.06 If an employee has been bypassed in the administration of an equal overtime opportunity,

arrangements will be made by the Company to offer the equivalent amount of overtime at the

next available opportunity within two (2) Company pay periods

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18.07 If an employee is on an approved vacation, the employee will not be charged the overtime during

the week of his/her vacation (if overtime was worked).

ARTICLE 19 – OVERTIME RATES

Work Schedules (Monday to Friday)

19.01 Any work performed by an employee in excess of eight (8) hours per day shall be paid at the rate

of time and one half (1½x) the employee’s regular hourly rate.

19.02 Any work performed on a Saturday will also be paid at the rate of time and one half (1½x) the

employee’s regular hourly rate.

19.03 Any work performed on a Sunday will be paid at the rate of double time (2x) the employee’s

regular hourly rate.

19.04 Any work performed on a Company holiday will be paid at the rate of double time (2x) the

employee’s regular hourly rate plus holiday pay for all hours worked.

ARTICLE 20 - REPORTING ALLOWANCE

20.01 Employees who are scheduled and report for work, shall, if work is not available, receive four (4)

hours pay at the applicable rate.

ARTICLE 21 – CALL IN ALLOWANCE

21.01 An employee who is called back to work outside his/her regular working hours shall be paid for a

minimum of four (4) hours pay at the applicable rate for such additional work.

ARTICLE 22 – SUBSTANCE ABUSE

22.01 Substance abuse is recognized to be a serious medical and social problem that can affect

employees. The Company and the Union have a strong interest in encouraging early treatment

and assisting employees towards full rehabilitation.

The Company will continue to provide a comprehensive approach towards dealing with

substance abuse and its related problems. Company assistance will include referral of such

employees to appropriate counselling services or treatment and rehabilitation facilities.

The Company will provide a leave of absence and all normal group insurance benefits for up to

thirty (30) days unless extended by mutual agreement or to the completion of receiving disability

benefits to such employees while under a medically prescribed course of treatment.

ARTICLE 23 – ADMINISTRATION OF DISCIPLINE

23.01 A Union representative or alternate will be present during interviews which could lead to

discipline of Seniority Team members. Discipline is defined as any written notice to the Team

Member’s file. A copy must be given to the Committeeperson.

23.02 The Company will administer discipline in a timely fashion (usually within three (3) working days

after the day of the offense, or within three (3) working days after the date the Company became

aware of all of the facts giving rise to the discipline). However, the Company and the Union may

take additional time, as reasonably required, to conduct a thorough investigation before

administering disciplinary action

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ARTICLE 24 – DISCIPLINARY ACTION

24.01 Progressive Discipline will be structured as follows:

Step 1: Verbal Warning (documented in employee’s file)

Step 2: Written Warning (1st

– documented in employee’s file)

Step 3: 1 day suspension



Step 6: Termination

24.02 If an employee reaches Step 5 (21 day suspension) the Plant Chairperson will be present during

the Disciplinary Interview with Labour Relations. At this stage the Local 200 President or

designate will be notified by Labour Relations and/or Plant Chairperson of the disciplinary

interview.

24.03 No written disciplinary action greater than twelve (12) months old will be considered when

assessing progressive discipline. At the end of such time, the disciplinary infraction will be

removed from the file and will not be used against the employee in any manner.

ARTICLE 25 – INCAPACITATED EMPLOYEES

25.01 An employee who has been incapacitated at his/her work by injury or compensable occupational

disease or suffering a major physical disability and is unable to continue his/her regular job, will

be employed in other work, on a job that he/she can perform, that is operating in the Plant.

25.02 An employee placed on a job because of a disability will periodically have that disability

reviewed. Such review will be done at a minimum annually.

25.03 The Company will follow Return to Work procedure aligned with current WSIB legislation.

25.04 In cases of disagreement, the Labour Relations Department and the Union will work together on

resolving the issue.

ARTICLE 26 – LEAVE OF ABSENCE

26.01 The Company may grant a leave of absence without pay to any seniority employee for legitimate

personal reasons. An employee shall continue to accumulate seniority while on such leave of

absence. A leave of absence shall not exceed forty-five (45) calendar days. The Company will

assess each leave of absence on a case per case basis for an extension.

26.02 Application for leave of absence for personal reasons shall be made on forms supplied by the

Company and must be submitted to the Department Manager at least two (2) weeks prior to the

commencement of the leave. Permission for these leaves of absence shall be at the discretion of

the Company. A response shall be provided to the employee within one (1) week from the date

of application. The two (2) weeks notice can be waived for emergency or compassionate

reasons.

26.03 Incarceration Leave

The Employer will grant a leave of absence to any employee who is convicted under the

provisions of the Highway Traffic Act (Ontario) relating to offences arising out of the operation of

a motor vehicle (the same to include driving a motor vehicle while intoxicated) if the employee is

16

sentenced or charged to a term of imprisonment of not more than one hundred and eighty (180)

days. Such leave of absence shall be unpaid.

26.04 An employee of the Company elected or appointed to a full time position in the Local or National

Union of the CAW shall be granted a leave of absence by the Company. Such leaves will remain

in effect until notice to cancel such leave is given by the Union.

Employees who are granted a leave under the above sentence shall have their seniority and all

benefits, including any pension rights, continue while on such leave to the Local Union and will

have their seniority and any pension rights continue while on a leave to the National Union.

26.05 Union leaves of absence to attend Union business outside of the Plant will be discussed with the

Plant Chairperson and Labour Relations, once mutually agreed upon the leave will be granted.

The Company will pay the employee’s wages and will bill the Union monthly for full

reimbursement.

26.06 Public Leave of Office

An employee of the Company elected or appointed to a full time Federal, Provincial or local

Public office shall be granted a leave of absence by the Company. Such leaves shall remain in

effect for the term of office. Additional leaves of absence for service in such office shall be

granted upon written application by the employee.

Employees who are granted a leave of absence under the above sentence shall continue to

accrue seniority and any pension rights during said leave.

26.07 Pregnancy / Parental / Adoption Leaves

An employee will be granted a Pregnancy / Parental / Adoption Leave pursuant to the

Employment Standards Act.

26.08 Any employee who is found to have falsified the reason for a leave of absence shall be subject to

discipline up to and including discharge.

26.09 All leaves of absence in this agreement are unpaid unless otherwise stated.

ARTICLE 27 – PAID EDUCATION LEAVE

27.01 The Company agrees to pay into a special fund three cents ($0.03) per hour per employee for all

compensated hours for the purpose of providing paid education leave. Said paid education leave

will be for the purpose of upgrading the employee skills in all aspects of Trade Union functions.

Such monies to be paid on a quarterly basis into a trust fund established by the National Union,

CAW and sent by the Company to the following address:

CAW Paid Education Leave Program,

205 Placer Court

North York, ON M2H 3H9

27.02 The Company further agrees that members of the Bargaining Unit, selected by the Union to

attend such courses will be granted a leave of absence without pay for twenty (20) days class

time, plus travel time where necessary. Said leave of absence to be intermittent over a twelve

(12) month period from the first day of leave.

Employees on said leave of absence will continue to accrue seniority and benefits during such

leave.

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ARTICLE 28 – BEREAVEMENT LEAVE

(a) Full time seniority Team Members will be granted three (3) regularly scheduled work days off with pay

immediately following the date of death (excluding weekends) for the purpose of making arrangements

and attending the funeral in the event of the death of any of the following:

Current Spouse

Child/Step-child

Parent/Step-parent

Brother/Step-brother, Sister/Step-sister

Grandparents, Grandchildren

Current Mother/Father-in-law

Current Son/Daughter-in-law

(b) The Employer will pay for time lost, exclusive of Saturday, Sunday and paid holidays, for a maximum

of one (1) consecutive working days' pay at his/her straight time, hourly rate, up to and including the day

of the funeral, to a seniority employee who has been absent from work due to the death of the

employee's sister-in-law, brother-in-law or grandparent of a current spouse.

(c) For the purposes of this agreement, the Company will recognize a common-law relationship as

defined in the Family Law Act and provided the employee has supplied the Company with a written record

of the Common-law relationship. Common-law relationship will include any relatives as though they were

legally married. Once Common-law relationship is established, all previous in-law relationship will not be

excused for bereavement.

(d) A Team Member who is on vacation or holidays when a death of a relative as defined above will be

allowed days as a bereavement leave following the vacation or holidays. Bereavement must be taken

within ten (10) days of the death.

(e) Bereavement pay will not be paid in addition to any other type of allowable pay for the same day(s),

such as holiday, vacation pay, short term disability or any other days that would have been used when not

performing work for the Company.

(f) Additional unpaid time off or Leaves of Absences may be considered by the Company.

(g) In the event a member of the employee’s immediate family as defined above, dies and requires

repatriation, and the funeral is delayed, the employee may have his/her bereavement leave from work

aligned with the date of the funeral.

ARTICLE 29 – JURY DUTY

29.01 The Company will make up the difference between the amount of money per day an employee

received while serving as a member of a jury, including coroner’s juries, to an amount equal to

the normal eight (8) hours pay which he/she would have been eligible to receive for working that

day. Payment will be made upon presentation of appropriate documentation.

29.02 An employee who, by reason of any summons, subpoena, writ, petition or other legal process,

is required by law to do anything, shall be granted an immediate unpaid leave of absence for the

period of time required for such employee to complete anything that the employee is required to

do by reason of any such summons, subpoena, writ, petition or other legal process and the

employee shall retain and accumulate seniority and benefits while on such leave of absence.

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ARTICLE 30 – VACATION SCHEDULING

The following procedure will apply to vacation scheduling:

(a) In January of each calendar year employees may make application for vacation time off, indicating

first, second and third choices.

(b) Management will have discussions that: (i) employees will be given time off the job through a normal

vacation scheduling program consistent with the need for maintaining efficient operations or (ii) a plant

vacation shutdown will be scheduled during prime time. If a plant vacation shutdown is scheduled:

employees with 80 hrs or less vacation entitlement must utilize forty (40) hours as vacation during said

shutdown. Employees with 120 hrs or more vacation entitlement must utilize eighty (80) hours as

vacation during said shutdown (if it’s a 2 week shutdown).

(c) In the event Management selects the option of a plant vacation shutdown-Prime Time (July or

August), the Union will be advised in writing no later than May 1st

. Employees selected to work during

such shutdown will be given vacation time off the job through a normal vacation scheduling program

during periods other than the shutdown period.

(d) Vacations will be mandatory (within the current calendar year).

(e) Vacation time preference within the classification will be given to the employee with the greater

seniority.

(f) Vacation time will be given by seniority up to June 1st

(inclusive). After the June 1st

date, the company

will have the option to assign vacation periods to that employee.

ARTICLE 31 – HOLIDAY PAY PLAN

31.01 Unless otherwise provided herein, each employee who meets all of the eligibility rules below

shall be paid eight (8) hrs of his / her regular hourly wage rate for the day of observance.

2011

Good Friday April 22

Victoria Day May 23

Canada Day July 01

Labour Day September 05

Thanksgiving October 10

Christmas Holiday December 22







2012

New Year’s Day January 02


Victoria Day May 21

Canada Day July 2



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Christmas Eve December 24

Christmas Day December 25

Boxing Day December 26



New Year’s Eve December 31

2013


Good Friday March 29

Victoria Day May 20

Canada Day July 01









2014



Victoria Day May 19

Canada Day July 01









31.02 In the event that an additional Federal or Provincial holiday is proclaimed during the life of this

Agreement, one of the holidays designated in 31.01 shall be designated and observed in lieu of

such additional Federal or Provincial holiday. The parties shall meet to determine which of the

holidays shall be so designated.

31.03 Each employee must meet the following eligibility rules to receive holiday pay:

(a) The employee shall have attained seniority as of the date of the observance of the

holiday.

(b) The employee shall have registered his/her attendance on the last scheduled work day

prior to the day of observance of the holiday, and the employee shall have registered

his/her attendance within one hour of his/her regular starting time on the next

scheduled working day following the day of observance of the holiday, unless the

employee is able to provide his/her Supervisor with satisfactory reason for his/her

failure to qualify under this section. Any dispute in this respect will be subject to the

grievance procedure.

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(i) In the case of the Christmas holiday period, (December 26 through the

following December 30 in 2011, starting December 24 through the following

December 31 in 2012; starting December 24 through the following December

31 in 2013, and in 2014 starting December 24 through the following December

31) a seniority employee absent without excuse on both the last scheduled

working day prior to and the next scheduled working day after a Christmas

holiday period shall be ineligible for holiday pay for all of the holidays within

the Christmas holiday period. A seniority employee absent without excuse on

either the last schedule working day prior to or the next scheduled working day

after a Christmas holiday period shall be ineligible for two (2) of the holidays

for which he/she would otherwise be eligible in the Christmas holiday period,

but shall, if otherwise eligible, receive pay for the remaining holidays in the

Christmas holiday period.

(c) Seniority employees who have been laid off (Temporary) or are on an approved leave of

absence during the work week in which the holiday falls shall receive pay for such

holiday.

(d) An employee who has accepted a holiday work assignment and then fails to report for

and perform such work shall receive payment for the holiday only on condition that

he/she furnishes satisfactory explanation to his/her Supervisor for his/her failure to

report, any dispute in this respect subject to the grievance procedure.

ARTICLE 32 – TECHNOLOGICAL CHANGE

32.01 Definition

"Technological change" is defined as changes in technology to the process, equipment or

methods of production that differs significantly from that previously utilized by the Company.

32.02 Advance Notice

In the event of a technological change as defined above, the Company will give the Union as

much notice as possible.

32.03 Consultation

In the event of a technological change as defined above, the Company will meet with the Union

committee within five (5) working days of the advance notice to advise and discuss the nature of

the technological change, the approximate date the Company proposes to effect the change, the

approximate number of employees likely to be affected by the technological change and the

effect the technological change may have on the working conditions and conditions of

employment.

32.04 New Positions

A new position created as a result of a technological change will be posted in accordance with

Article 12 of the Collective Agreement.

32.05 Training

Where new or greater skills are required, such employees shall, at the expense of the Company,

be provided with training to enable the affected employee to perform his/her previous job

functions as affected by the technological change. The parties agree to discuss appropriate

training for the specific changes identified.

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32.06 Protection of Bargaining Unit Jobs

No job currently performed by a bargaining unit member will be reclassified as a non-bargaining

unit job as a direct or indirect result of technological change.

ARTICLE 33 – NEW JOB

If the Company elects to create a new classification it will inform the Plant Chairperson in writing before

setting forth the classification and the rate of pay. The Union shall have five (5) working days to dispute

the rate of pay assigned to the classification. If at the expiration of five (5) working days no formal dispute

has been filed, the rate established shall be permanent. If the Company and Union cannot mutually agree

to the rate within five (5) working days, the issue will be resolved through the Grievance Procedure,

commencing at Step 3. If the rate initially established is changed as a result of the Union filing a dispute,

the new rate agreed upon shall be applied retroactively to the date it was initially established.

ARTICLE 34 – PROTECTIVE CLOTHING

The Company shall provide protective equipment as required to be worn by Company rules and will make

provisions for the health and safety of its employees.

Safety Glasses

All employees shall wear safety glasses with side shields. The Company agrees to furnish, without charge

to the employee, safety glasses.

The Company agrees to replace, without charge to all employees, all safety prescription ground

eyeglasses which are broken or damaged while the employee is at work and not the result of horseplay.

The Company agrees to furnish without charge safety prescription ground glasses to all employees as

required. The Company will secure glasses from a preferred vendor that meets CSA approval and

Company Policy. Authorization must be received from the Labour Relations Department.

Safety Shoes

The Company will pay $85 towards the purchase of CSA approved safety shoes per year from an approved

supplier.

Coveralls

Team Members are required to wear coveralls during their shift. The Company will provide:

• 3 pairs per employee

• Wash

• Replace due to wear and tear

• If damaged during course of work, the Company will replace the coveralls once a signed

“Personal Property Damage” form has been signed by the Supervisor.

• Malicious damage – Employee will be responsible for the total cost of replacement; through

payroll deduction.

ARTICLE 35 - PAYDAY

Team Members will be paid every Friday. Each Team Member’s pay will be deposited to their individual

accounts at the bank of their choice. Each Team Member will receive a statement of his or her earnings

and deductions every Friday. Each Team Member will be paid one week in arrear.

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ARTICLE 36 – NEW EMPLOYEE ORIENTATION

36.01 The Employer agrees to acquaint new employees with the fact that a Collective Agreement is in

effect and with the conditions of employment set out in the articles dealing with Union Security

and Dues Check-off. A new employee shall be advised of the name and location of his/her Union

representative. Whenever the Union representative is employed in the same work area as the

new employee, the employee's immediate supervisor will introduce him/her to his/her Union

representative who will provide the employee with a copy of the Collective Agreement. The

Employer agrees that a Union representative will be given an opportunity to interview each new

employee within regular working hours, without loss of pay, for fifteen (15) minutes sometime

during the first thirty (30) days of employment for the purpose of acquainting the new employee

with the benefits and duties of Union membership and the employee's responsibilities and

obligations to the Employer and the Union. Such a meeting may not cause any significant

disruption with any of the employee’s responsibilities.

36.02 Employees transferring to a Nemak Canada location in Windsor, Essex County will be provided a

Plant orientation to be jointly established by the CAW, Nemak Canada and the Joint Health &

Safety Committee.

This will ensure that employees have information required to become fully contributing

members of higher performing Teams within the Nemak Canada Operations.

ARTICLE 37 – HEALTH AND SAFETY

37.01 The Company and the Union will make every effort to comply in a timely manner with all

applicable legislation pertaining to the Health and Safety of the employees of the Company.

37.02 The Union and the Company agree to actively promote measures to ensure the Health and Safety

of all employees.

All employees are required to comply with all Health and Safety legislation and Company policies

as a condition of continued employment.

37.03 The Joint Health and Safety Committee (JHSC) will have a total of four (4) members, two (2)

representing the Union, who are elected or appointed and two (2) representing management.

37.04 Each member of the Joint Health and Safety Committee (JHSC) shall be certified as required.

37.05 The Joint Health and Safety Committee shall meet during regular working hours at least once

each month and, where meetings are urgently required as a result of an emergency or other

special circumstance, the Committee shall meet as required.

37.06 The Health and Safety Committee shall have the following responsibilities:

a) It shall participate in inquiries and investigations as outlined in the Occupational Health

and Safety Act;

b) It shall regularly monitor programs, measures and procedures related to the Health and

Safety of employees;

c) It may request from the Company such information as the committee considers

necessary to identify existing or potential hazards with respect to materials, processes

or equipment in the workplace;

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d) It shall have full access to all Government and Employer reports relating to the health

and safety of the employees but shall not have access to the medical records of any

person, except with the consent of that person;

e) It may contribute and promote health and safety programs for the education of the

employees;

f) It shall ensure that adequate records are kept on workplace accidents, injuries and

health hazards and it shall regularly monitor data relating to those accidents, injuries

and hazards; and

g) It shall receive, consider and make recommendations on complaints regarding the

health and safety of employees.

HEALTH, SAFETY AND ENVIRONMENT

MINIMUM POSITION

1. Company Duties

The Company shall institute and maintain all precautions to provide every worker a safe and

healthy workplace. The Company, the Union and all employees shall comply with all applicable

health and safety legislation and regulations.

2. Joint Health and Safety Committee

a) Without limiting the generality of the foregoing, the committee shall:

i) Determine that inspections have been carried out at least once a month by the

Union and Company JH&S committee members or designates as outlined in the

OHSA.

ii) Recommend measures required to attain compliance with appropriate

government regulations and the correction of hazardous conditions.

iii) Consider recommendations from the workforce with respect to health and

safety matters and recommend implementation where warranted.

iv) Hold meetings at least once a month for the review of:

- Reports of current accidents and occupational diseases, their causes

and means of prevention;

- Remedial action taken or required by the reports of investigations or

inspections; and

- Any other matters pertaining to health and safety.

v) Record the minutes of the meetings which shall be signed by the Union,

Company and JH&S Committee, will be distributed to the committee members,

posted on the bulletin boards and sent to the Local Union and National Union

representative.

vi) Time spent by members of the committee in the course of their duties shall be

considered as time worked and shall be paid in accordance with the terms of

this agreement.

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3. Right to Refuse

a) The Company shall ensure that all employees are informed that they have the right to

refuse hazardous work which may harm them or any person and that signs are posted in

the workplace advising them of this right.

b) When a worker exercises his or her right to refuse he or she shall notify the supervisor

who shall promptly notify the Company and Union safety committee member or

designate who shall participate in all stages of the investigation. The worker shall stand

by at a safe place and participate fully in the investigation of the hazard.

c) The Company shall ensure that no other worker is asked or permitted to perform the

work of the worker who refused unless the second worker is advised of the reasons for

the work refusal in presence of the Company and Union safety committee member and

refusing worker.

d) If the Union and Company H&S committee members and the worker cannot agree on a

remedy to the work refusal, the government inspector shall be called in.

e) No employee shall be discharged, penalized, coerced, intimidated or disciplined for

refusing hazardous work or for acting in compliance with the act or the regulations.

4. Accident and Incident Investigations

All injury or near-miss which involves a worker will be discussed by the JHSC.

5. Education and Training

No employee shall be required or allowed to work on any job or operate any piece of equipment

until he/she has received proper education, training and job instruction prior to job start.

The plant will establish a safety talk program with participation from the JHSC.

6. Right to Accompany Inspectors

The Union member of the JHSC shall accompany governmental inspectors and National Union

representatives on plant inspection tours; also accompany persons appointed by the Company

who have professional training in industrial hygiene or safety on regular plant surveys and upon

request receive results of such surveys.

7. Access to the Workplace

Union health and safety staff or Union consultants shall be provided access to the workplace and

to attend meetings of the committee or Union committee or for inspecting, investigating or

monitoring the workplace.

8. Protective Clothing and Equipment

The Company shall provide all employees whose work requires them to wear protective devices

with the necessary tools, equipment and protective clothing required including safety footwear

and safety glasses (prescription, if necessary). These shall be maintained and replaced, where

necessary, at the Company's expense.

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Safety Shoes

The Company will pay up to $85.00 towards the purchase of CSA approved safety shoes once

every twelve (12) months to any employee required to wear them.

Employees will be able to use the on-site safety shoe truck and payroll deduction for any cost

over entitlement.

Safety Glasses

The Company will supply at (no cost to employees) safety glasses to any employee required to

wear them.

If an employee requires prescription safety glasses, the Company will furnish these glasses from a

preferred vendor that meets CSA and Company policy.

9. Injured Workers Provisions

An employee who is injured during working hours and who is required to leave for treatment or

is sent home as a result of such injury shall receive payment for the rest of the shift at his/her

regular rate of pay.

ARTICLE 38 – JOB DESCRIPTIONS AND CLASSIFICATIONS

38.01 Job Classifications

Every employee covered by this agreement will be classified in a wage classification with specific

job responsibilities as detailed in the job description associated with that wage classification.

38.02 Job Description

Job descriptions that have been agreed to between the Company and the Union shall not be

changed or altered during the life of this agreement, without mutual consent between the

Company and the Union or as required to meet customer demands.

The Company and the Union agree to draw up job descriptions for all postings and classifications.

These descriptions shall become the recognized job descriptions.

ARTICLE 39 - LOCKERS

The Company agrees to provide lockers to all Team Members. Such lockers shall be assigned and placed

in areas designated by the employer.

ARTICLE 40 – RATES OF PAY

40.01 Rates of pay for this Collective Agreement are as follows:

A) Ford Transferees

Production Team Members

$19.50 per hour to start with an increase to $20.00 per hour on their one year anniversary,

an increase to $20.30 per hour on their second year anniversary and an increase to $20.71

per hour on their third year anniversary.

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Skilled Trades Team Members




B) New Hires

Production Team Members




Skilled Trades Team Members




ARTICLE 41 – SWIPE CARDS

41.01 All bargaining unit employees upon implementation of the Collective Agreement will have an

identification card with photo. All employees will be required to utilize their access cards to

enter and exit the facility.

41.02 The access card will be utilized for timekeeping purposes which will be reviewed by the Company

on a periodic basis.

41.03 The access card timekeeping data will not be utilized for disciplinary purposes.

ARTICLE 42 – SHIFT PREMIUM

42.01 The following shift premiums will be paid for the following times:

Days – (2nd Shift)

Start time after 5:00 a.m. and on or before 10:30 a.m. will be zero (0) shift premium.

Afternoons – (3rd Shift)

Start times after 10:30 a.m. and on or before 7:30 p.m. will be paid an additional 35¢/hr over the

applicable base hourly rate.

Midnights – (1st Shift)

Start times after 7:30 p.m. and on or before 5:00 a.m. will be paid an additional 50¢/hr over the

applicable base hourly rate.

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ARTICLE 43 – BENEFITS

43.01 The Company will provide a comprehensive health and insurance plan to all eligible seniority

employees and their eligible dependents. The Company health plan will be administered by

Green Shield as the carrier, effective with the start date of this Collective Agreement. The cost of

the benefits below, to the extent allowable under the plan, including any and all premiums shall

be paid one hundred percent (100%) by the Employer unless otherwise stated below.

1. Prescription Drugs

a) Fifteen percent (15%) co-pay with an annual out-of-pocket family maximum as

follows: year one (1) $270, year two (2) $280, year three (3) $290, year four (4)

$300.

b) Mandatory generic.

2. Paramedical Services - Family benefit maximum of $300 per calendar year per

practitioner for services rendered by a registered and licensed chiropractor,

osteopath, naturopath, podiatrist, physiotherapist, psychologist, masseur and

speech therapist.

3. Program Treatment (Substance Abuse) - Family benefit maximum of $8,100 per

lifetime.

4. Vision Coverage - Per person benefit maximum of $300 every 24 months (includes

one eye exam).

5. Out of Province/Country Coverage - Includes emergency medical treatment and

referrals (for care not available in Canada).

6. Dental - Per person combined benefit maximum of $2,200 per calendar year for

routine care, dentures, crowns and bridgework.

a) Ten percent (10%) co-pay on routine care with an annual out-of-pocket family

maximum as follows: year one (1) $270, year two (2) $280, year three (3) $290,

year four (4) $300.

b) Fifty percent (50%) co-pay for major services (dentures, crowns and

bridgework).

c) Fifty percent (50%) co-pay on orthodontics for dependents under 21 years of

age with a per person benefit maximum of $2800 per lifetime.

7. Group Life Insurance and Accidental Death & Dismemberment (AD&D) - 100%

coverage for one times (1.0x) base annual earnings for life insurance and AD&D

equal to the group life insurance amount.

8. Optional Life Insurance - Additional group life insurance is offered for purchase by

the employee via payroll deductions.

9. Travel Assistance - Green Shield offers travel assistance through Mondial when

travelling outside of Ontario.

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10. Short Term Disability (STD) - 66.67% of weekly base wages with coverage as

follows:

Accidents Payable 1st

day

Admission to hospital Payable 1st

day

Sickness Payable 7th

day

Duration Maximum of 26 weeks

11. Long Term Disability (LTD)

a) 60% of weekly base wages.

b) Eligibility commences upon exhaustion of weekly indemnity benefits or the

cessation/reduction of W.S.I.B. benefits.

c) Coverage is available up to a maximum of five (5) years following the first day

of disability.

d) “Disability” for the purposes of the Plan shall be defined as totally disabled

from the employee’s own occupation for the waiting period (26 weeks) and the

next one (1) year of disability; from then on the end of eligibility, totally

disabled from any occupation which the employee is reasonably fitted by

education, training or experience.

43.02 In the event of layoff, all coverage shall be maintained for the following periods (with the

exception of weekly indemnity and extended disability benefits):

a) Up to two (2) years seniority, one (1) month following the month when employment is

interrupted.

b) Two (2) years seniority and over, two (2) months following the month when employment is

interrupted.

Employees returning from layoff who have been removed from the active benefit listing shall be

reinstated to all benefits on the first of the month following their return to active employment.

43.03 If an employee is receiving weekly indemnity, workers’ compensation or extended disability

benefits, he/she and his/her eligible dependents will be covered for all benefits listed in Article

43 for the duration of the period under which such benefits are received.

43.04 The benefits set out in this article and the eligibility for such benefits shall not be altered and/or

modified during the life of this Agreement except by the mutual agreement of the Union and the

Company, or to reflect legislative changes.

43.05 In the event that the Company changes insurance carriers over the term of this Collective

Agreement, the benefit level will remain unchanged. The Company will provide thirty (30) days

prior notice to the Union.

43.06 The term “eligible dependents” is to include Team Member’s spouse, all dependents to the age

of 21 or 25 if still attending full time school (proof of schooling to be provided annually) and to

any age if physically or mentally handicapped.

43.07 If a dispute shall arise pertaining to this benefit plan and such dispute does not involve a

difference of opinion between two legally qualified physicians, the dispute shall be handled in

the following manner:

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1. The employee, the Union and the Company shall review the matter.

2. If an agreement is not reached at such meeting, the Union may present a grievance as

described in the grievance procedure of the Collective Agreement and such grievance shall

be discussed within five (5) working days from the date the grievance was submitted to

the Company (unless it is mutually agreed to extend the period).

3. If the matter is not resolved through the grievance procedure, the arbitration provision of

the Collective Agreement may be invoked.

43.08 If a dispute shall arise involving a difference of opinion between two legally qualified physicians;

the dispute shall be handled in the following manner:

1. The employee shall continue on disability claim during the period of dispute. The Company

shall have the right to recover the monies by the means available, including from vacation

monies, if it subsequently determined that the employee was not entitled to such

benefits.

2. The Union and the Company shall review the matter and determine the type of third party

medical opinion (i.e. General Practitioner or Specialist).

3. The Union and the Company shall agree on the legally qualified physician who will render

the binding third party opinion. Agreement on the third party shall be reached in a

reasonable and expeditious manner.

43.09 In cases where a W.S.I.B. claim is in dispute or is being adjudicated, the Company will pay weekly

indemnity benefits, subject to an appropriate waiver, provided the employee meets the eligibility

requirements for weekly indemnity benefits. The Insurance Carrier must adjust coverage to

cover claims for this provision.

The Company shall have the right to recover the monies by any means available, including from

vacation monies, if it is subsequently determined that the employee was not entitled to such

benefit.

If an employee is receiving weekly indemnity, workers’ compensation or extended disability

benefits, he/she and his/her eligible dependents will be covered for all benefits listed in Article

43 for the duration of the period for which such benefits are received.

ARTICLE 44 – DEFINED CONTRIBUTION PENSION PLAN (DCPP)

44.01 On the first day of the month after one year of continuous permanent service with Nemak of

Canada, an automatic contribution of 3.5% of base wages will be made towards an

employee’s DCPP. In addition, an employee may make voluntary contributions of 0%, 1%, 2%, or

3% of their base wages to their DCPP.

44.02 For Ford Transferees, the DCPP waiting period is waived.

44.03 Company contributions to an employee’s DCPP become vested after an employee attains two (2)

years of plan membership.

44.04 Plan withdrawals and/or transfers are subject to the rules dictated by the Ontario Pension

Benefits Act, including any applicable taxes.

30

ARTICLE 45 – VACATION PAY

45.01 Employees will have the following paid vacation eligibility:

Years of Service

0-1 Up to 80 hours or 4% whichever is greater

1-5 80 hours

5-20 120 hours

20+ 160 hours

45.02 Ford Transferees carry over seniority for the purpose of vacation eligibility

ARTICLE 46 – NATIONAL DAY OF MOURNING

46.01 The Company agrees to allow employees one (1) minute silence at 11:00 a.m. on April 28th

of

each year in observance of those workers killed on the job.

ARTICLE 47 – SOCIAL JUSTICE FUND

47.01 The Company agrees to pay into a special fund one cent ($0.01) per hour per employee for all

compensated hours for the purpose of contributing to the C.A.W. - Social Justice Fund. The Fund

is a registered non-profit charity which contributes to Canadian and international non-partisan,

non-governmental relief and development organizations. Such monies are to be paid on a

quarterly basis into the fund established by its Board of Directors and sent by the Company to

the following address:

C.A.W. Social Justice Fund

205 Placer Court

North York, ON M2H 3H9

ARTICLE 48 – FIRST AID

Windsor Aluminum Security will be first responders to any medical/illness injury occurring on all shifts as

they are trained in Emergency First Aid. If additional treatment is necessary the employee will be

transported by cab or ambulance to a medical clinic or local hospital.

Security will also be responsible for collecting all information (personal and/or occupational injury/illness)

following the guidelines of the Privacy Act.

Current First Aid facility will be maintained with First Aid supplies as required.

ARTICLE 49 – MEDICAL CERTIFICATES

49.01 Where an employee is required to produce a certificate from a medical practitioner for any

illness or filing of a medical form where a claim is made under a sick leave plan, the full cost of

such certificate or insurance form, will be paid by the Company.

ARTICLE 50 – CONTRACTING IN AND CONTRACTING OUT

50.01 The Company shall not contract in and/or contract out, any non-core production work which is

customarily performed by an employee covered for the duration of this Agreement.

31

ARTICLE 51 – WORK BY NON BARGAINING UNIT PERSONS

The parties agree that non-bargaining unit employees should give full attention to their primary

responsibility – mainly to manage the operations of the business. Accordingly, it is not the intent of the

Company to utilize salaried employees or other non-bargaining unit employees to perform bargaining unit

work.

Supervisors, salaried employees and/or other employees who are not members of the bargaining unit

may perform bargaining unit work when required by business needs, in the reasonable judgment of the

parties. Examples of business needs include:

• Instruction or training of bargaining unit employees.

• Improving processes and/or the functioning of equipment with the assistance of a

bargaining unit employee(s).

• Experimental projects during model changes with the assistance of a bargaining unit

employee(s).

• Troubleshooting during equipment breakdowns or other unforeseen interruptions of

production with the assistance of a bargaining unit employee(s).

ARTICLE 52 – TRAINING, RETRAINING AND REFRESHER COURSES

52.01 a) Training, retraining and refresher courses shall be given as needed to employees during

regular working hours at straight time rate. In the event that training, retraining and

refresher courses take place outside an employee’s regular working hours, he/she shall

be paid applicable overtime rate of pay.

b) In the event of the introduction of any new process, machinery or equipment, where

new or greater skills are required than are already possessed by affected employees,

such employee shall be provided with whatever amount of training he/she requires

during his/her hours of work with full pay. No employee will be assigned to a new

machine or equipment to service, without proper training.

c) The Company will provide reasonable transportation, room and board to employees

who are required to attend Company’s training, retraining or refresher courses at

locations other than their work base.

ARTICLE 53 – DURATION OF AGREEMENT

53.01 The agreement shall be effective from the 1st day of January, 2011 to and including the 31st

day

of December, 2014. Either party shall be entitled to give notice in writing to the other party as

provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the

expiring collective agreement at any time within a period of ninety (90) days before the expiry

date of the agreement. Following such notice to bargain, the parties shall meet within fifteen

(15) days of the notice or within such further period as the parties mutually agree.

53.02 It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing

to extend this agreement beyond the expiry date of the 31st

day of December, 2014, for any

stated period acceptable to the parties and in accordance with the Labour Relations Act.

32

53.03 It is understood that, during any negotiations following upon notice of termination or notice or

amendment, either party may bring forward counter proposals arising out of or related to the

original proposals.

53.04 Provided that for purposes of all notices under this article, notice in writing shall be deemed to

have been received by the party to whom it is sent upon the mailing of such notice by registered

mail addressed to the current address of the other party.

ARTICLE 54 – ATTENDANCE POLICY

The Company and the Union recognize the importance of employees being at work.

Upon implementation of the collective agreement an attendance policy will be established. The Company

and CAW Local 200 President or designate will mutually agree prior to implementation.

ARTICLE 55 – SKILLED TRADES

55.01 Skilled Trades Classifications:

NCC will have 6 skilled trades classifications

Electrician,

Industrial Mechanic Millwright,

Mechanic

Tinsmith

Welder

Steamfitter/Plumber/Pipefitter

The IMM trade will comprise employees from the Millwright trade, Steamfitter and Plumber

trade, Machine repair, Tinsmith and welder trades to support the ongoing business. The

Company agrees to hire a proportional amount of these trades to enter the IMM trade so long as

both the Company and Union agree that this amount will support the business needs. The Union

and Company will ensure that once the trades that require the necessary skill set training at a

governmental approved facility are complete, the process of skill set sign-off will be done in a

timely manner. During bargaining discussions, the Company and Union agreed to discuss the

possibility of developing in-house training to save on training costs for sign-off.

The remaining stand alone trades will function within their specific trades classifications in order

to ensure the necessary skill sets are in place to perform the specialized work and to abide by

legislated work assignments. To ensure full utilization of the Skilled Trades work force, it is

agreed that these stand alone trades may be utilized at times outside of their specific trade

classification. It is further agreed that these certain conditions will be of the nature where all

other avenues have been exhausted and priorities have been evaluated. The work that these

trades are asked to perform must be within their capabilities and safety must hold paramount.

The Company and Union agree that during the implementation of the IMM trade, there may be

times when the selection of overtime in the agreement may not be applicable. It is therefore

agreed that during the transition, the Company and Union will meet to discuss the principle of

fair and equitable overtime sharing.

33

55.02 Classification Flexibility

The Company and Union recognize that there will be occurrences when Skilled Trades will be

absent from their operating shift due to unforeseen and unplanned circumstances. During these

occurrences the Company agrees to cover the classification with overtime consistent with the

overtime asking process. If the Company is unable to get the appropriate classification in to cover

the absence, the Company may utilize another trade classification to perform the duties so long as

the trade classification can safely perform the work within their capabilities. The Company and

Union agree to sit down on a periodic basis to discuss any concerns with the flexibility process.

The Company and Union also recognize, to ensure continuous flow of the production operation,

that skilled trades employees may be needed by their production teams to participate in

production activities incidental to their core role, and/or to address special cause events or

breakdowns adversely impacting the team’s operations. The Company recognizes that they will

not use skilled trades employees to solely replace a production classification.

55.03 New Technology

During negotiations the parties discussed concerns regarding the introduction of new technology

in the plants and its impact on the Skilled Trades workforce. Recognition was given to the role of

the Skilled Trades workforce and their contributions to the competitiveness of the Company.

Recognition was also given to the need for a cooperative attitude toward technological progress

on the part of all parties ensuring the Company’s growth and ability to compete effectively.

The Company understands the Union’s legitimate concern that ongoing changes in technology

may alter, modify, or otherwise change the job content and responsibilities of the Skilled Trades

employees at the Plant. The Company is interested in affording maximum opportunities for the

skilled trades employees to progress with advancing technology and, as a result, the Company

shall make available appropriate training programs so that Skilled Trades employees, including

apprentices, will be capable of performing the new or changed work. Whenever practicable,

training will be made available prior to new equipment entering the plants.

55.04 Job Security

The Company has a commitment to the skilled trades employees that there will be no reduction

of skilled trades employees as a result of outside contracting throughout the life of the

agreement specifically:

a. Planning - Plant management will meet semi-annually to review with the CAW Skilled

Trades representatives projected workloads regarding the installation, construction,

maintenance, repair, service, and warranty work of existing or new equipment and

facilities. This review shall by no means form an agreement by the Company that all work

will be completed. It is more of a general list of potential work for the upcoming six (6)

months.

b. Information - Advance notice of outside contract activities will be provided in situations

other than emergencies and non-traditional work at least ten (10) days in advance to

permit meaningful discussion and a careful analysis of the Company’s workforce

capabilities in connection with the subject work. This written notice will provide the

Union with all available information on the nature of work, including plans and the

number of trades persons required to perform the work. Shelf type items that can be

purchased from local suppliers will not be considered as contracting out. These items

include but are not limited to toolboxes, cabinets, tables, carts, etc. The Company will

34

however, agree to allow the Skilled Trades the opportunity to challenge the

competitiveness of the off the shelf buying if the pricing seems to be non-competitive.

c. Layoff Recall – When Skilled Trades employees are on layoff in a classification, the nature

of which they customarily perform, and consideration is being given to outside contracting

said work, Nemak Canada trades employees will be given the first priority for the work,

before letting the contract out provided they can perform the available work within the

timeline provided.

d. Full Utilization – It is the policy of the Company to fully utilize its own employees in

maintenance skilled trades classifications in the performance of maintenance and

construction work so long as normal maintenance and production support activities are

not compromised and the employees can perform the work within the timeline provided.

55.05 Union Securities

The Company agrees to deduct the Canadian Skilled Trades Council dues as adopted by the

Canadian Skilled Trades Council, ½ hour per year.

The first such dues deduction will be made from the employee’s first pay following completion of

their probationary period. Thereafter, dues deductions will be made in January of each

succeeding year or upon completion of one month’s work in the calendar year. These

deductions along with the names of the employees shall be remitted to the financial secretary of

the local Union.

55.06 Apprenticeship Program

The Company and the Union agree to negotiate an apprenticeship program. The apprenticeship

standards will be in keeping with the standards of the National Union CAW. The apprenticeship

standards when completed will be considered as an inseparable part to this Skilled Trades

agreement. The Union recognizes that the Company will determine any timing on the start of

the apprenticeship program.

In the event that the Company decides to increase the Skilled Trades work force through

apprenticeship, or is required by legislation and/or governing bodies to hire Skilled Trades

journey persons to perform Skilled Trades functions, the Company will meet with the Union to

negotiate a Skilled Trades supplemental agreement to cover the apprenticeship program.

55.07 Trades Licenses

The Company and Union recognize that certain licenses such as IMT will be required to maintain

operations within the skilled trades classifications. The Company agrees to pay the costs

associated to these Nemak specific licenses. It will be the responsibility of the employee to

maintain their pure trades licenses along with renewal costs. The Company and Union agree to

develop a process wherein the employee’s license periodic renewal will be tracked and paid for

directly by the Company. This is to ensure that the employee continues to be in good standing

with his Nemak specific licensing.

In the event that this is not achievable as a result of the privacy act for example, it will be the

employee’s responsibility to pay for the renewal themselves which will then be reimbursed by

the Company. In the event that the license expires without proper renewal, it will be the

responsibility of the employee to pay for any additional renewal courses, fees, penalties,

retraining etc.

35

55.08 Skilled Trades Replacements (STR)

The Company and Union had extensive discussion regarding the necessity to have the availability

of having Skilled Trades Replacements (STR) to cover any permanent Trades when they are on

vacation, in training, short term illness, LOA, etc., or when looking at contracting work that the

Skilled Trades Replacements can perform. The Company and Union agree to discuss how this

pool of trades will be formed within sixty (60) days after the implementation of this agreement in

a separate letter of understanding. The Company agrees that the STR’s will be offered work in 40

hr blocks only (not by the day).

STR’s will not be used in a classification where any seniority employee is on lay-off. All seniority

skilled trades employees will be offered overtime prior to offering such overtime opportunities to

any STR within the same classification. STR’s will be covered by all aspects of this collective

agreement, excluding benefits, and are therefore required to have all applicable Union dues

deducted.

36

LETTER OF UNDERSTANDING #1

Dear Mr. Cassady,

Subject: Minor Maintenance

To achieve and sustain competitive levels of productivity and world class quality, production operators

will be required to assume a greater role and responsibility in operating and maintaining their equipment

to ensure maximum machine uptime.

Operator Ownership recognizes the involvement of employees in the care and operation of equipment

and facilities through activities that can be safely performed within their level of capability.

Production operators will perform simple tasks using common tools to safely maintain their own

production equipment within their capability. The company and union agree to form a joint committee to

discuss some of these minor maintenance and/or Preventative Maintenance activities and capabilities

including potential training as required.

Yours very truly,


Sue Tyndall

Senior Labour Relations Specialist

37


Dear Mr. Cassady,

Subject: Alternate Work Schedules

During 2010 negotiations, the Company and Union had discussions as they relate to alternate work

schedules. The Company agreed that the CAW Local 200 President or designate will be informed in the

event that the business warrants a change to the existing operating plan, to meet the changing needs of

the Customer. The discussion will occur within fourteen (14) days of the new shift pattern and the

Company will consider other alternatives brought forth by Local 200 President or designate based on

manufacturing efficiencies.

Example: 10hr per day Scheduling pattern at 4 days per week

• In the schedule, d, a, and m are days, afternoons, and midnights respectively (X is days off)

• Each crew works a 10 hrs shift, for a total of 40hrs

• Maintenance crew works an 8 hr shift across all 5 days to allow maintenance to occur 24hrs per day

including the Friday

Option 1 - 10 hr work schedule

Crew S M T W T F S

1 X d d d d X X

2 X a a a a X X

It is understood that an overtime rate will be paid at time and one half (1½x) the employee’s regular

hourly rate after eight (8) hours of work per day.

Work performed in excess of forty (40) hours per week will be paid at the applicable overtime rate.

(Example: Friday, time and one half (1½x), Saturday, time and one half (1½x), Sundays and holidays will

be paid at the rate of double time (2x) the employee’s regular hourly rate).

Any work performed on a Saturday will also be paid at the rate of time and one half (1½x) the employee’s

regular hourly rate.

Any work performed on a Sunday will be paid at the rate of double time (2x) the employee’s regular

hourly rate plus holiday pay for all hours worked.

It is understood that all Company holidays will be paid at double (2x) the employee’s regular hourly rate

plus holiday pay for all hours worked.

Yours very truly,


Sue Tyndall


38


Dear Mr. Cassady,

Subject: Production Classifications

During 2010 negotiations, the Company and the Union had extensive discussions regarding Production

Classification. It was agreed that Nemak Windsor Aluminum Plant would have the following

classifications:

Production Team Member

Quality Auditor

Material Handler

It was agreed upon the Production Team Member would be classified as follows within their specific

departments:

Melt Production Team Member

TSR Production Team Member

Core Production Team Member

A discussion will take place with the CAW Local 200 President or designate prior to any changes, additions

and deletions to any job classifications.

Yours very truly,


Sue Tyndall


39


Dear Mr. Cassady,

Subject: WAP Facilities

During 2010 negotiations, the Company and Union had discussions as they relate to facility items at the

Windsor Aluminum Plant. The company agrees to maintain the following facilities:

Nurses’ station

Canteen

Locker rooms

Union offices, computers, and associated office equipment

Safety office

Fitness Centre and equipment

BBQs

Ice machines

If future business needs require the above facilities to be removed due to expansion or other

production/mtce requirements, the Union and Company agree to sit down and review relocation.

Yours very truly,


Sue Tyndall


40


Dear Mr. Cassady,

Subject: Medical Notes and RTW

During 2010 negotiations, the Company and Union had discussions as they relate to medical notes and

Return to Work (RTW) at the Windsor Aluminum Plant.

Immediately following ratification of the agreement the Union and Company will meet to establish the

parameters and guidelines on a confidential process to be implemented at the Windsor Aluminum Plant.

Yours very truly,


Sue Tyndall


41


Dear Mr. Cassady,

Subject: Temporary Part Time Employees

During 2010 negotiations, the parties discussed the numerous problems associated with employee morale

and related family life issues while meeting customer demands, maintaining product quality and Plant

efficiency at the Nemak Canada.

The parties agree in principle to the establishment of a temporary worker program to be implemented at

Nemak Canada.

Immediately following ratification of the agreement the Company and the President of Local 200 or

designate will meet to establish the parameters and guidelines of a Temporary Part Time Program.

Yours very truly,


Sue Tyndall


42


Dear Mr. Cassady,

Subject: Critical Jobs

During 2010 negotiations, the Company and Union had discussions as they relate to Critical Jobs &

Holding out of Seniority at the Windsor Aluminum Plant.

In the event of a reduction-in-force at the Windsor Aluminum Plant, no displacements of key jobs will be

made until there are trained replacements available.

These jobs will be mutually identified by the President of Local 200 or designate and the Company.

During the training period, employees may be retained at work out of line of seniority in order to maintain

operational efficiencies.

Yours very truly,


Sue Tyndall


43


Dear Mr. Cassady,

Subject: Product / Work Ownership and Full Plant Closure

Product / Work Ownership

The Parties agree that the transfer of new program work between corporate plants after this Collective

Agreement has been in effect for two (2) years shall not constitute “contracting out” for the purpose of

this Agreement. Upon expiry of the two (2) year period, the Company agrees to provide the Union with a

minimum of sixty (60) days notice in the event that a transfer of new program work occurs.

With regard to the existing GM 3.6L HF large bore block program, the Parties recognize that Windsor

Aluminum Plant will continue to be the overflow Nemak production source in support of global Customer

demand for this product. As such, any Customer volume requirements for the GM 3.6L HF large bore

block that exceed the Nemak production capacity in Mexico on a thirty-six (36) shifts per week shall be

allotted to Windsor Aluminum Plant up to fifteen (15) shifts per week for a period of two (2) years

following the effective date of this Collective Agreement.

Full Plant Closure

In the event that a full plant closure occurs during the life of this Agreement, the Company will notify the

Local and National Union at least sixty (60) days prior to the cessation of operations. Following such

notification, the Local and National Union will have the right to discuss and explore with the Company any

possible means of averting the closure.

If attempts to avert the plant closure are not successful, the Company will pay severance to seniority

employees totalling two (2) weeks of base wages per Nemak year of service up to a maximum of eight (8)

weeks severance.

It is understood that all employees and Union Committeepersons will make every effort to maintain the

efficiency of operations during any period of notification.

For the Company

Lloyd Maisonville

Dan Soulliere

Mark Provost

Sue Tyndall

44


Dear Mr. Cassady,

Subject: Summer Shutdown

During 2010 negotiations, the parties discussed the vacation shutdown period. The Company identified a

number of significant costs associated with scheduling a vacation shutdown and permitting all employees

wanting the time off, in particularly the skilled trades.

In cases where there is a scheduled shutdown or partial shutdown, the Company reserves the right to

limit the number of employees (production and/or skilled trades) on vacation during this 2 week

maximum shutdown period in order to assure the proper operation of the business.

The Company agrees to accommodate vacation requests during the peak vacation period for those

employees that may be required to work the shutdown period or agree to defer their vacation to a

different date outside of the shutdown period. Assuming that employees will be required to work during

the shutdown period, the Company agrees to allow employees to use their vacation entitlement prior to

the shutdown with mutual agreement. The Company will recall any laid off employees and fully utilize the

Skilled Trades Replacement (STR) so long as they are available and capable to perform the work that is

scheduled for the shutdown before denying any shutdown vacation requests.

The Company agrees to meet with Local 200 President or designate to discuss the Shutdown period and

impact on the business by May 1st

.

Yours very truly,


Sue Tyndall


45


Dear Mr. Cassady,

Subject: Transition Levelling Seniority Application

During the course of these negotiations, the parties spent considerable time discussing the added

complexity of establishing an equitable transition levelling seniority arrangement for all Ford Motor

Company represented hourly employees being hired by Nemak Canada. As a result, for Ford Motor

Company employees that are hired by Nemak Canada and were employed/on roll as CAW represented

hourly employees of Ford Motor Company immediately prior to the effective date of the transfer from

Ford to Nemak, the parties have agreed to the following:

Skilled Trades Personnel

Those skilled employees, who are on roll as described in Paragraph One above, will utilize their most

recent Ford trades date of entry in their previous trade for the purposes of determining seniority

application within their respective Group/Department for operational aspects of the Collective Bargaining

Agreement. An additional seniority tie breaker will be in order of their master number.

Production Personnel

Those non-skilled employees, who are on roll as described in Paragraph One above, will utilize the

employee’s most recent Ford date within the employee’s respective Group/Department for purposes of

determining seniority application for operational aspects of the Collective Bargaining Agreement. An

additional seniority tie breaker will be in order of their master number.

Yours very truly,


Sue Tyndall


46


Dear Mr. Cassady,

Subject: New Product Launch Skilled Trades

The Company and Union had extensive discussions in regards to future launches of new product and the

impact regarding trades.

Both parties agree that based on the complexity of the work required it may be necessary to utilize the

expertise of core trades during launches. It is agreed that the Company may utilize the existing core

trades employed by Nemak Canada including trades within the IMM Group.

The Company may utilize some of the trades within the IMM Group to work with the core trades on the

launch to help with cross training.

The Company agrees that no seniority employee will be laid off if the Company is contemplating hiring

core trades during a launch. It is also understood that these launch core trades may come from the IMM

group as key members of the launch team. The IMM group may be supplemented or replaced out of the

STR group.

Yours very truly,


Sue Tyndall


47


Dear Mr. Cassady,

Subject: Placement Opportunities

During 2010 negotiations, the Company and the Union had discussions regarding the existing GM 3.6L HF

program at Windsor Aluminum Plant.

The Union expressed concern about Windsor Aluminum Plant being the overflow Nemak production

source and the potential for a reduction of employees during the launch of a product.

The Company agreed that if there is a reduction in the GM 3.6L production, discussion will take place

between the Company and the CAW regarding placement opportunities within the launch group if

feasible.

Yours very truly,


Sue Tyndall


48


Dear Mr. Cassady,

Subject: Overtime Opportunities During Transitional Training Period

During 2010 negotiations, the Company and the Union had discussions regarding overtime work

opportunities during the transition training period in the GM 3.6L HF Block area.

The Company and the Union agreed that if overtime is required, Ford–CAW employee(s) will be offered

the overtime work opportunity first (in line with their overtime hours).

Yours very truly,


Sue Tyndall


49


Dear Mr. Cassady,

Subject: Skilled Trades

Both parties agree that those trades that accept these positions will be the first Trades hired on as

fulltime employees if and when the need arises. If any of the trades in the replacement pool are given

more than ninety (90) days of work within the calendar year other than specific term and task

opportunities, they will be considered as a seniority trades employee and will have their name placed on

the seniority list in the Skilled Trades Classification that they have been covering.

It is also agreed that any laid-off local 200 Skilled Trades that accept an STR position per the guidelines

from the transitional agreement will be paid the full transferee skilled trade hourly wage. It is also agreed

that the STR’s will not have any right to paid vacation time off and therefore will have the legislated

vacation pay added to their weekly pay, when working.

Yours very truly,


Sue Tyndall


50


Dear Mr. Cassady,

Subject: Ford Transferee Seniority

The parties agree that Ford transferees employed by Nemak Canada will exercise their Ford seniority for

only the following items:

• Rates of Pay (Article 40)

• Benefit Eligibility (Articles 43 and 44); day one of Nemak employment

• Vacation Entitlement (Article 45)

• Nemak Canada entry phase employee job bidding and associated rights

For Ford transferees hired as Nemak Canada employees subsequent to the entry phase, their Nemak

Canada seniority will be used for job bidding and associated rights.

Yours very truly,


Sue Tyndall


51


Dear Mr. Cassady,

Subject: Health Benefit Coverage Timing

This letter is to confirm the understanding reached during the 2010 negotiations regarding the timing of

health benefit coverage.

The Company agreed that Ford transferees will be eligible for health benefit coverage on their 1st

day of

work as a Nemak-CAW Local 200 member.

New hires that did not transfer from Ford will attain eligibility for health benefit coverage upon

completion of their ninety (90) day probationary period.

Yours very truly,


Sue Tyndall


52

MEMORANDUM OF SETTLEMENT

The undersigned representatives of the parties approve of the attached settlement. The CAW Local 200,

Windsor agrees to recommend acceptance of the agreement by their members, and once ratified, such

ratification shall be acknowledged by formal letter to the Company.

All provisions of this agreement shall be effective following ratification on the dates stipulated in the

agreement.

For the Company For the Union

Lloyd Maisonville Bob Chernecki

Dan Soulliere Mike Vince

Mark Provost Dan Cassady

Sue Tyndall Marc Renaud

Darby McCloskey

Chris Taylor

Tim Little

Jeff Vilag

Chris Moynahan

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