COLLECTIVE BARGAINING AGREEMENT
BETWEEN:
NESTLE PURINA PETCARE, CALEDONIA
(hereinafter referred to as "the Employer")
OF THE FIRST PART
-and-
UNITED STEELWORKERS OF AMERICA
c:> 1'-.J BE. I-tA LF 0 F I COS O€D- -42-(hereinafter referred to as "USW" or "the Union")
OF THE SECOND PART
NOVEMBER 8, 2005- NOVEMBER 7, 2008
2
INDEX
Article Page No.
Purpose of Agreement 4
2 Scope & Recognition 4
3 Management Rights 4
4 Union Security 5
5 Plant Committee 6
6 Grievance Procedure 7
7 Union and Company Grievances 8
8 Discharge and Disciplinary Cases 8
9 Local Union Leave 9
10 Arbitration 9
11 Seniority 10
12 No Strikes or Lock Outs 12
13 Leave of Absence 12
14 Health and Safety 12
Refusal ofUnsafe Work 13
15 No Discrimination 14
16 Job Posting 14
17 Hours of Work and Overtime 15
18 Temporary Vacancies 16
19 Bulletin Board 17
20 Bargaining Unit Work 18
21 Pregnancy/Parental Leave 18
22 Wage Rates 18
23 Holidays 18
24 Vacation 19
3
25 Bereavement Leave 20
26 Jury Duty 21
27 Reporting Pay 21
28 Call In 21
29 Benefit Plans 22
Pension Plan 23
30 Duration of Agreement 24
Schedule A 25
Letter ofUnderstanding - Indian Act - Benefits 27
Letter of Understanding- Additive Technician Trainee 28
Letter of Understanding- Temperature within Plant 29
Letter of Understanding - Casual Employees 30
Letter of Understanding -Humanity Fund 31
Letter of Understanding Technological Change 32
4
ARTICLE I
PURPOSE OF AGREEMENT
1.01 The general purpose of this agreement is to establish and maintain lawful and
orderly collective bargaining relations between the Company and its employees,
to provide procedures for the prompt and equitable disposition of grievances and
to establish and maintain mutually satisfactory working conditions, hours ofwork
and wages for said employees.
ARTICLE2
SCOPE & RECOGNITION
2.01 The Company recognizes the Union as the bargaining agent of all employees of
Nestle Purina PetCare, Caledonia in the Town of Caledonia, save and except
supervisors, person above the rank of supervisor, office, clerical and sales staff.
2.02 The term "employee" or "employees" wherever hereinafter used shall mean only
those persons coming within the bargaining unit as defined above unless the
context otherwise applies.
2.03 Where the masculine pronoun is used in the Agreement it shall mean and include
the feminine pronoun where the context so requires.
2.04 In the event that the Company moves any part of its operation to a location of 80
kms or less from Caledonia, Ontario, the members of the bargaining unit will be
given preferential hiring status for the purposes of hiring into permanent
vacancies at the new location. The USW shall retain the right to represent
employees at the new location except where there is an existing collective
agreement in place at the new location.
ARTICLE 3
MANAGEMENT RIGHTS
3.01 The Union recognizes and acknowledges that the management of the plant and its
facilities and direction of the working forces are fixed exclusively in the
Employer and without limiting the generality of the foregoing the Union
acknowledges that it is the exclusive function of the Employer to:
(a) maintain order, discipline and efficiency and in connection therewith to
make, alter and enforce from time to time reasonable rules and
regulations, policies and practices to be observed by its employees,
discipline or discharge employees for just cause provided that a claim by
an employee that has been discharged or disciplined without cause may be
the subject of a grievance and dealt with as hereinafter provided;
(b) select, hire, transfer, assign to shifts, promote, demote, classify, lay off,
recall, retire employees or select employees for positions excluded from the bargaining unit;
5
(c) establish and administer tests for the purpose of assisting the Employer
in determining an employee's qualifications, and require medical
examinations;
(d) determine the location of operations, and their expansion or their
curtailment, the direction of the working forces, schedules of operations,
the number of shifts; determine the methods and processes to be
employed, job content, quality and quantity standards, the establishment
of work or job classifications; change, combine or abolish job
classifications; determine the qualifications of an employee to perform any
particular job; the nature of tools, equipment and machinery used and to
use new or improved methods, machinery and equipment, change or
discontinue existing tools, equipment, machinery, methods of processes;
decide on the number of employees needed by the Employer at any time,
the number of hours to be worked, starting and quitting times, when
overtime shall be worked and require employees to work overtime, as per
article 17.04, the determination of financial policies, including general
accounting procedures and customer relations;
(e) have the sole and exclusive jurisdiction over all operations, buildings,
machinery, equipment and employees.
3.02 The Employer agrees that it will not exercise its functions in the manner
inconsistent with the provisions of this Agreement and the express provisions of
this Agreement constitute the only limitations upon the Employer's rights.
3.03 Without limiting the generality of the foregoing provisions, it is expressly
understood and agreed that breach of any of the plant rules, or any of the
provisions of this agreement, may be cause for dismissal of an employee. The
employee shall have the right to lodge a grievance as herein provided in this
Agreement.
ARTICLE4
UNION SECURITY
4.01 (a)
(b)
(c)
4.02
It shall be a condition of employment that all employees become and remain
members ofthe Union in good standing.
All new employees shall become and remain members of the Union in good
standing upon completion of their probationary period as a condition of
employment.
While the parties have agreed that Union membership, upon completion of the
probationary period, is a condition of employment, if an employee has valid and
authentic religious objections to joining a Union, he will be exempted from this
clause. Regardless of any objection, the Rand Formula shall apply.
The Company shall deduct Union dues including, where applicable, initiation fees
and assessments, on a weekly basis, from the total earnings of each employee
covered by this agreement. The amount of dues shall be calculated in
accordance with the Union's Constitution.
6
4.03 All dues, initiation fees and assessments shall be remitted to the Union forthwith
and in any event no later than 15 days following the last day of the month in
which the remittance was deducted. The remittance shall be sent to the
International Secretary Treasurer of the United Steelworkers of America, AFL
CIO-CLC, P.O. Box 13083, Postal Station "A", Toronto, Ontario, M5W 1V7 in
such form as shall be directed by the International Union to the Company along
with a completed Dues Remittance Form R-115. A copy of the Dues Remittance
Form R-115 will also be sent to the Union office designated by the Area
Coordinator.
4.04 The remittance and the R-115 form shall be accompanied by a statement
containing the following information:
a) A list ofthe names of all employees from whom dues were deducted and
the amount of dues deducted;
b) A list of the names of all employees from whom no deductions have been
made and reasons;
c) This information shall be sent to both Union addresses identified in
Article 4.03 in such form as shall be directed by the Union to the
Company.
4.05 The Union shall indemnifY and save the Company harmless against all claims or
other forms of liability that may arise out of any actions taken by the Company in
compliance with this article.
4.06 The Company, when preparing T-4 slips for the employees, will enter the amount
of Union dues paid by the employee during the previous year.
4.07 a) The Employer agrees to acquaint new employees with the fact that a
Union Agreement is in effect, and with the conditions of employment set
out in the articles dealing with Union Security and Dues Check-off.
b) When a new employee is hired, he will be introduced to the shop steward,
or Executive Board Member in his department when he commences work.
4.08 The Local Unit Chairperson and stewards of the Local shall have top seniority
in the event of a lay off of three (3) or more days, provided they are qualified to
perform the remaining work.
ARTICLE 5
PLANT COMMITTEE
5.01 The Company agrees to recognize two (2) stewards to be known as Shift
stewards, to represent employees in presenting and processing grievances. There
will be one (1) steward on each shift.
5.02 In addition to the two (2) stewards, there will be one (1) employee elected or appointed by the Union to be known as the Chief steward.
7
5.03 The Local Unit Chairperson, by virtue of his office, can act as steward or Chief steward in their absence.
5.04 The Grievance Committee will consist of the Local Unit Chairperson and Chief steward. This committee will meet with the Company at Step No. 2 of the Grievance Procedure.
5.05 Stewards are expected whenever possible to settle grievances on their shift without loss of working time. However, when necessary, stewards will be afforded reasonable time off from their work, to assist in the settlement of grievances and in the administration of this Agreement as may be required; provided that arrangements for such time off shall first be made with the Plant Management to avoid interference with the Plant Operation. When conferences between these representatives and the Plant Management are such that they can only be held at the Plant and during the regular working hours of such representatives, there shall be no loss of earnings to any employee for participation in such conferences. Such time off shall not be unreasonably withheld.
5.06 The Union will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the Plant Manager or his designate.
5.07 The Unit Chairperson of the Local shall notifY the Company by letter of the names, addresses and telephone numbers of the Local Officers and stewards, and of any changes which may occur, together with the effective dates and names of those they are replacing. The Company will keep the Local informed, in writing, of all those persons with whom the Local will be dealing, together with their titles.
ARTICLE 6
GRIEVANCE PROCEDURE
6.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
6.02 No grievance shall be considered where circumstances giving rise to it occurred or originated more than ten (1 0) working days before the filing of the grievance. Pay grievances will be twenty (20) working days.
6.03 The Union will submit grievance forms it proposes be used in the grievance procedure.
The grievance will be dealt with in the following manner and sequence:
8
Step No. 1: The written grievance will be presented to the Plant Manager by the Chief Steward or Shift Steward for settlement. Failing a satisfactory settlement the grievance will proceed to Step No. 2.
Step No. 2: Within five (5) full working days following the written decision under Step No. I. The grievance shall be submitted for a meeting between the Grievance Committee and the Plant Manager or his designate at which time a representative of the International Union will be in attendance. This meeting must be held within ten (I 0) full working days from the date the Company received notice requesting such meeting. The Plant Manager or his designate will give his written reply within five (5) full working days following the date on which the Union received the written reply, the matter may be taken to
arbitration, as provided in Article 10, Arbitration.
6.04 During the probationary period, an employee shall be considered as being employed on a trial basis and may be disciplined or dismissed by the Employer in its sole discretion. Probationary employees may grieve that their discipline or dismissal was not for just cause. For the purposes of this Article and Agreement, the standard for disciplining or discharging a probationary employee is as
follows:
(a) Just cause for discipline or dismissal of a probationary employee exists where the Employer's decision was not made arbitrarily or in bad faith.
ARTICLE 7
UNION AND COMPANY GRIEVANCES
7.01 Any differences arising directly between the Company, and the Union may be submitted in writing by either party beginning at Step No. 2 and the time limits provided shall apply to both parties.
7.02 All written decisions arrived at between the representatives of the Company and the representatives of the Union shall be final and binding upon the Company, and the Union, and the employee or employees concerned.
ARTICLE 8
DISCHARGE AND DISCIPLINARY CASES
8.01 A claim by an employee, that he has been unjustly discharged or suspended from his employment shall be treated as a grievance if a written statement of such grievance is lodged with the Plant Manager or his designate within ten ( 1 0) working days after the employee ceases to work for the Company. All preliminary steps of the Grievance Procedure prior to Step No. 2 will be omitted
in such case.
8.02 A discharged or suspended employee, if at work, may confer with his steward or
Local Unit Chairperson for a reasonable period of time before leaving the
9
premises of the Company. Failure to comply will not render discipline null and
void. Such special grievances may be settled under the Grievance Procedure
including arbitration by:
(a) confirming the Management's action in dismissing or suspending the
employee;
(b) reinstating the employee with or without compensation for time lost less
any amount of money or compensation he may have earned or received
while on discharge or suspension;
(c) any other arrangement deemed just.
ARTICLE 9
LOCAL UNION LEAVE
9.01 Employees who have been elected or appointed by the Union to attend a Union
Convention or other Union business shall be granted their leave. The employee
shall give the Company at least two (2) weeks notice in writing of the request and
permission by the Company shall not be unreasonably withheld. Not more than
one (1) employees may be absent on Union leave at any one time, but the
Company is prepared to accommodate two (2) approved leaves of absence
per shift subject to the needs of the business being met.
ARTICLE 10
ARBITRATION
10.01 Where a difference arises between the parties relating to the interpretation,
application or administration of this Agreement, including any question as to
whether a matter is arbitrable, or where an allegation is made that this Agreement
has been violated, either party may, after exhausting any Grievance Procedure
established by this Agreement, notifY the other in writing of its desire to submit
the difference or allegation to arbitration. The notice shall be delivered to the
other party within fifteen (15) working days of the reply under Step No.2.
10.02 The Arbitrator shall be selected by the parties from the following list in rotation:
M. Picher 0. Shime R.E. McLaren Paula Knopf
In the event that the arbitrator selected by the parties is unable to act, the
particular case will be referred to the next-named Arbitrator on the list. The
Arbitrator shall hear and determine the difference or allegation and shall issue a
decision and the decision shall be final and binding upon the parties and upon any
employee affected by it.
10.03 Each ofthe parties hereto will jointly share the expenses ofthe Arbitrator, if any.
10
10.04 The Arbitrator shall not be authorized to make any decision inconsistent with
the provisions of this Agreement, nor to alter, modify or amend any part of this
Agreement.
10
ARTICLE 11
SENIORITY
11.01 Newly hired employees shall serve a probationary period of sixty (60) days
worked within a twelve (12) month period and shall have no seniority rights
during this period. Upon completion of the probationary period, a new employee
shall have his seniority dated back sixty (60) working days. During the
probationary period an employee shall be considered as being employed on a trial
basis.
11.02 Seniority shall mean an employee's length of continuous service with the
Employer on a plant wide basis. An employee shall maintain and accumulate
seniority under the following conditions:
(a) during a period when he is prevented from performing his work for the
Employer by reason of injury arising out of and in the course of his
employment for the Employer and for which he is receiving compensation
under the provisions of the Workplace Safety and Insurance Board;
(b) during the first ninety (90) days of a personal leave of absence;
(c) during any period of lay off, subject to Article 11.05 (e);
(d) during a leave of absence for Union business up to a maximum of ninety
(90) days.
11.03 The Employer will consider the skill, ability and qualifications of the employee to
perform the normal required work which is available in determining which
employee is to be laid off or recalled from lay off and provided the senior
employee possesses the skill and ability and qualifications to perform the normal
required work available, he will be the last to be laid off and conversely, the first
to be recalled from lay off. In a lay off situation, an employee may exercise his
seniority to bump a junior employee at an equal or lower job class only. This
Article will only apply provided the Employer is operating on a one shift basis.
However, when there is a two shift operation, in the event there is a layoff during
a work week those employees on the afternoon shift will be laid off for the day
following notification of layoff, after which they may exercise their seniority and
bumping rights.
11.04 Seniority lists will be supplied to the Union and posted on the bulletin board on
January I st of each year of this Agreement.
11.05 Seniority once established for an employee shall be forfeited and the employee's
employment shall be deemed to be terminated under the following conditions:
(a) if he quits;
(b) if he retires;
11.06
11.07
11.08
11.09
(c) if he is discharged for just cause and not reinstated through the
Grievance Procedure;
11
(d) if he fails to report for duty after a lay off or leave of absence in
accordance with the provisions of this Agreement;
(e) if he has been laid off for a period of eighteen (18) continuous months;
(f) if he is absent from work for more than two (2) consecutively scheduled
working days without notifYing the plant manager and giving a justifiable
reason;
(g) if he is absent from work for more than two (2) consecutively scheduled
working days without a reasonable excuse for the period of absence.
When recalling an employee after lay off, he shall be notified by registered mail
or telegram and allowed five (5) working days from the date of the notice to
report for work and, in the meantime, if an employee is recalled and is not
immediately available for work, other employees in seniority standing may be
recalled but will be temporarily employed until the senior employee reports
within the five (5) working day period as outlined. An employee to whom a
registered letter or telegram is sent in accordance with this Article must contact
the Employer within two (2) working days of receipt of the notice of return to
work if he wishes the Employer to hold the job open for him for the full two (2)
working day period. It shall be the employee's responsibility to keep the
Employer notified as to any change of his address or telephone number so that
they will be up to date at all times.
Employees promoted to supervisory positions or positions not covered by this
Agreement will retain their seniority after promotion and if transferred back into
the bargaining unit the time served in such position shall be included in their
seniority standing, up to a maximum of twelve (12) months, unless otherwise
mutually agreed.
Any employees' return to work after sick leave will be conditional on his
supplying, when requested, a certificate from a physician that he is fully
recovered from the sickness which caused his absence and is capable of
performing his regular duties. Before returning to work, the employee must give
notice to the Employer of twenty-four (24) hours if away from work less than one
(I) week, two (2) days if away more than one (1) week. When a doctor's or
physician's note or certificate is requested in accordance with this Article, the
Employer agrees to pay the doctor or physician for the note or certificate
submitted to the Employer.
Doctors' notes will only be required when the employee exceeds five (5)
occurrences of absence in one (1) calendar year or Weekly Indemnity is applied
for.
12
ARTICLE 12
NO STRIKES OR LOCK OUTS
12.01 In view of the orderly procedure established by this Agreement for the settling of
disputes and the handling of grievances, the Union agrees that, during the lifetime
of this Agreement, there will be no strike, picketing, slowdown or stoppage of or
interference with work or production, either complete or partial, and the
Employer agrees that there will be no lock-out of employees. The Local and
Union agree that if any such collective action takes place, they will repudiate it
forthwith and require their members to return to work.
ARTICLE 13
LEAVE OF ABSENCE
13.01 The Employer may grant a leave of absence of up to one (1) month without pay to
employees for legitimate personal reasons. The employee must renew such a
leave of absence at the end of each one ( 1) month period. Leave of absence shall
not be granted to an employee for the purpose of working elsewhere.
13.02 Any leave of absence granted by the Employer shall be in writing and shall set
out the length of leave of absence granted, the purpose of the leave and the terms,
if any, on which it is granted.
ARTICLE 14
HEALTH AND SAFETY
14.01
14.02 (a)
The Employer and the Union agree that they mutually desire to maintain high
standards of safety and health in the workplace in order to prevent injury and
illness.
A Joint Health and Safety Committee (hereinafter referred to as ''the Committee")
shall be established which is composed of an equal number of Union and
Company representatives, with a minimum of four (4) members. "The
Committee" shall be co-chaired by one (1) Union representative and one (1)
Company representative. "The Committee" shall hold meetings at least once per
month, or more frequently if requested by the Union or by the Company, to
jointly review; workplace accidents, their causes and recommendations to prevent
their recurrence; monitoring; inspecting; investigating; reviewing and improving
health, safety and environment conditions and practices, any other matters seemed
appropriate by the members of "the Committee". Minutes of all meetings shall be
taken by both the Company and the Union representatives on a rotating basis and
jointly approved copies shall be provided to both the Company and the Union
within five (5) working days. The minutes shall indicate what action has been
(b)
14.03
taken with respect to suggestions or recommendations previously made, and if
no action has been taken, the reasons therefore shall be given.
13
The Employer will continue to pay for a member of the bargaining unit to
become and remain qualified as the "certified member".
Each calendar year, the Company will reimburse full time employees, who have
completed their probationary period, for safety footwear as follows:
Up to eighty-five ($85.00) dollars per employee in the first year of the Collective
Agreement upon submission of an original receipt from an approved retail outlet
and
Up to ninety ($90.00) dollars per employee in the second and third years of the
Collective Agreement upon submission of an original receipt from an approved
retail outlet.
Each calendar year, the Company will reimburse Forklift drivers, who have completed their probationary period, for winter clothing as follows:
Up to eighty ($80.00) dollars per employee in the first year of the Collective Agreement upon submission of an original receipt from an approved retail outlet
and
Up to eighty-five ($85.00) dollars per employee in the second and third years of the Collective Agreement upon submission of an original receipt from an approved retail outlet.
REFUSAL OF UNSAFE WORK
14.04 (a) Notwithstanding the provisions of "the Act", an employee may refused to work or
do particular work where the employee has reason to believe that:
(i) any equipment, machine, device or thing the employee is to use or operate
is likely to endanger themself or another employee, or
(ii) the physical condition of the work place of the part thereof in which the
employee works or is to work is likely to endanger themself or another
employee, or
(iii) any substance, material, agent or chemical the employee is to use is likely
to endanger themself or another employee, or
(iv) any equipment, machine, device or thing the employee is to use or operate
or the physical condition of the workplace of the part thereof in which the
employee is to work is in contravention of: "the Act" or its regulations
and such contravention is likely to endanger themself or another
employee.
14
(b) If as set down in Article 14.04 (i), (ii), (iii), (iv), an employee refused to work or do particular work, the employee shall promptly report the circumstance of their refusal to their supervisor, who shall forthwith investigate the report with the employee and a member representing workers on "the Committee".
(c) Following the investigation in Article 14.04 (b) and any steps taken to deal with the circumstances that caused the employee to refuse to work or do particular work, if the employee continued to have reasonable grounds to believe that carrying out the work would endanger themself or another employee, then an inspector from either the Ministry of Labour or the Ministry of Environment, as appropriate, shall investigate the refusal to work and shall give a decision in writing as soon as possible.
(d) Pending the outcome ofthe investigation in Article 14.04 (c) above, the employee shall be found reasonable alternative work until such time that the job has been made safe or determined to be safe to work on.
(e) Pending the outcome of the investigation in either Article 14.04 (c) above and the decision of the "Certified Member" and/or the Inspector, no employee shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or the part thereof or to work with any substance, material, agent or chemical which is being investigated until the job in question has been deemed safe to operate thereof or to work with any substance, material, agent or chemical which is being investigated until the job in question has been deemed safe to operate by the "Certified Member" or by an Inspector.
ARTICLE 15
NO DISCRIMINATION
15.01 There shall be no discrimination by the Employer or the Union or its members against any employee, because of grounds as defined by the Ontario Human Rights Code.
ARTICLE 16
JOB POSTING
16.01 When a new job classification is permanently created or additional employees are permanently required in an existing job classification, the Employer will post a notice of the vacancy for a period of five (5) working days on the Plant bulletin board. The notice will specifY the nature of the job, the shift, qualifications required and the rate of pay. An employee who wishes to be considered for the position so posted shall signifY his desire by making written application to the
person designated on the posting within the five (5) working day posting period
aforesaid. A copy of each posting shall be given to the Union.
15
16.02 In filling any posted vacancy in the skilled and semi-skilled classifications under
this Article, the Employer will consider the requirements of the operations and the
skill, ability, and the qualifications of the individual to perform the normal
required work and, where these are relatively equal, seniority shall govern.
In filling any posted vacancy in unskilled classifications under this Article,
seniority shall govern.
If no acceptable applications are received, the Employer reserves the right to hire.
Refer to Schedule A for listings of skilled, semi-skilled and unskilled
classifications.
16.03 If the successful applicant, during the first thirty (30) days of the new assignment,
fails to satisfactorily perform the job within the said period or desires to return to
his former position, he shall be returned to his former position without loss of
seniority. During the thirty (30) day period if an employee is removed from the
job he was awarded, the Employer will advise the employee in writing of the
reasons why he is being removed and being returned to his former position.
16.04 The name of the successful applicant will be posted immediately on the bulletin
board. A copy of each successful applicant's posting shall be given to the Union.
16.05 Where an applicant does not receive the position applied for, upon request to
management, he will be given reasons in writing why his application was refused.
16.06 A successful candidate for a maintenance position will be paid a rate of pay
between the start rate and the end rate depending upon his experience, provided
the employee is not paid less than his former rate of pay.
ARTICLE 17
HOURS OF WORK AND OVERTIME
17.01 (a) A normal work day shall be eight (8) hours per day including a half (112) hour
paid lunch. This does not constitute a guarantee ofhours per day.
(b) The normal work week shall be forty ( 40) hours per week. This does not
constitute a guarantee as to hours of work per week.
17.02
17.03
17.04 (a)
(b)
17.05
17.06
17.07 (a)
(b)
16
A rest period often (1 0) minutes will be granted during each half (1/2) shift.
Work which is authorized in excess of forty (40) hours per week will be paid at
the rate of one and one-half (1 112) times the employee's regular hourly rate of
pay.
The Employer may schedule hours of work in excess of those referred to in this
agreement and require employees to work such hours. The Employer agrees to
seek volunteers to perform work from among those employees qualified to
perform the work. In the event that insufficient volunteers are available, the
Employer shall assign overtime work to the most junior employees first, who are
qualified to perform the required work.
The Employer shall distribute the opportunity to work overtime as equally as
practicable among those employees qualified to perform the work within the
classification. The Employer shall attempt to equalize the overtime over the
calendar year.
There shall be no duplicating or pyramiding of overtime hours.
In order to qualify for overtime pay, the employee must have worked his normal
work week. Work performed in excess of the employee's normal workday and
work performed on a Saturday will be paid at time and one-half unless the
employee has missed a day during the week without a justifiable absence. In the
event the employee does not have a justifiable reason for his absence, then the
work performed will be paid at straight time. Work performed on a Sunday will
be paid at two times if Sunday is the seventh (7th) consecutive day worked by the
employee, otherwise it will be paid at time and one-half, subject to the employee
completing his normal work week and to the provisions of this article.
Any changes in hours of work or changes in schedules will be discussed with the
Union before any changes are made. This article does not apply to the scheduling
of overtime.
Subject to business conditions, the Employer may offer a summer hours program
to its' employees. In any given year, if the Company determines that a summer
hours program is feasible, it will advise the Union by April 15th of that year. At
that time, the hours of work will be discussed with the Union before any changes
are made.
ARTICLE 18
TEMPORARY VACANCIES
18.01 A temporary transfer is a transfer initiated by the Company to fill a vacancy of a
duration of thirty (30) calendar days, or for a longer term if agreed to by the
parties to this Agreement.
•
18.02
(a)
(b)
18.03
18.04
17
Any employee who, for the convenience of the Company, is temporarily transferred to another job in which the rate of pay is different from that in effect in such employee's regular job, shall be paid, while so employed as follows:
If the rate of pay in the job to which he is transferred is less than the employee's
regular pay he shall receive his own regular rate of pay;
If the rate of pay in the job to which he is transferred is higher than the employee's regular pay, he shall receive the higher rate of pay of the job to which he is temporarily transferred.
Employees transferred under this Article, if any rate change is required, shall receive the higher rate after working on the job for fifteen (15) minutes.
A temporary vacancy of thirty (30) days or less shall be filled by the senior
employee available provided the senior employee possesses the skill, ability and qualifications to perform the required work. If the vacancy will exceed thirty (30) days, it will be posted in accordance with Article 16.
ARTICLE 19
BULLETIN BOARDS
19.01 The Company will provide for the use of the Union a bulletin board in this Plant which shall be restricted to the posting thereof of:
1) Notices of Union recreation and social affairs;
2) Notices of Union elections, appointments and results of elections;
3) Notices of Union meetings;
4) Notices concerning Company policy affecting the said Union. This bulletin board shall be locked and a key provided for the Company and the Union.
19.02 Such Notices must be approved by the Employer prior to their being posted and such approval will not be unreasonably withheld.
18
ARTICLE 20
BARGAINING UNIT WORK
20.01 Management may perform bargaining unit work provided it does not result in a
lay off of a bargaining unit employee or the extension of a lay off of a bargaining
unit employee. In the event that during a regular shift or an overtime shift, the
shift is short-handed, a bargaining unit member will be assigned to a higher
paying job and a supervisor will be allowed to perform work in a lower paying
job.
ARTICLE 21
PREGNANCY~ARENTALLEAVE
21.01 Employees shall receive a pregnancy or parental leave without pay in accordance
with the provisions of the Employment Standards Act.
ARTICLE22
WAGE RATES
22.01 Job classifications and wage rates are set out in Schedule "A" to this Agreement.
ARTICLE23
HOLIDAYS
23.01 Subject to Article 23.02, employees will receive the following holidays with pay:
New Year's Good Friday Victoria Day Christmas Boxing Day
Labour Day Thanksgiving Christmas Eve Canada Day Civic Day
23.02 Employees shall be eligible to be paid their normal hourly rate of pay up to a
maximum of eight (8) hours for a holiday noted above, provided they:
(a) have been in the employ of the Employer for three (3) months;
(b) work the scheduled shift immediately prior to the holiday and the first
scheduled shift after the holiday, unless they have received prior written
permission to be absent for one of the qualifYing days;
(c) have worked and earned wages on at least twelve (12) days during the four
(4) work weeks immediately preceding the holiday.
23.03 If a holiday falls on a Saturday or Sunday, the Employer will designate whether
the holiday will be observed on the prior Friday or the following Monday.
19
23.04 Time worked on a holiday shall be compensated at a rate of one and one-half (1
1/2) the employee's regular hourly rate of pay in addition to the holiday pay if the
employee qualifies for that holiday pay under Article 23.02. There shall be no
duplicating or pyramiding of premium pay for overtime worked and hours worked
on a holiday.
23.05 If one of these holidays falls within an employee's vacation time, the employee is
entitled to an additional vacation day, or if mutually agreed an extra day's pay.
Its date is to be agreed upon before hand by the employee and the Employer.
ARTICLE24
VACATION
24.01 The date for determining vacation entitlement in each year shall be May 31. The
employee must then take his vacation entitlement during the period of June 1 to
May 31. Employees will be allowed to work their weeks of scheduled vacation if
they choose to do so.
24.02 Employees will be entitled to vacation according to the following schedule:
wages
Continuous Service on May 31
Less than one ( 1) year's service
One (1) year's
service
Six (6) years' service
Ten (1 0) years' service
Twenty (20) years' service
Vacation Period
1 day for each month of service (max. 10 days)
2 weeks
3 weeks
4 weeks
5 weeks
Remuneration
4% oftotal wages earned
4% of total
earned
6% oftotal wages earned
8% of total wages earned
10% of total wages earned
24.03 For the purposes of this Article, "total wages" means wages paid for hours
actually worked and vacation pay paid during the previous year, June 1 to May
31.
24.04 Employees must take their vacation entitlement or pay in lieu thereof in the year it
becomes due and shall not be entitled to carry over vacation time from year to
year.
24.05
24.06
24.07
20
Vacation must be taken at such times as are approved by the Employer having
regard to the need to maintain efficient operation. Vacation choice is granted in
order oflength of service. It is agreed that not more than one (1) person per shift
per job class shall be allowed to take vacation at the same time with a maximum
of two (2) people per shift at the same time. Should the Company decide to shut
down the entire plant, or certain sectors of the plant during the vacation period,
employees can be required to take part of their vacation or their entire vacation
(up to a maximum of two (2) weeks) during the closure period. Employees shall
be able to draw vacation pay owed a maximum of two (2) times per year. The
Company will endeavour to accommodate vacation requests subject to
operational requirements being met.
Employees shall submit their request for vacation in writing prior to April 1 for
the calendar year in which the vacation is due.
When vacation is taken as time off work, the Employer will issue a separate
cheque to the employee for the vacation pay. This will not apply to withdrawal
by the employee from the vacation accrual account.
ARTICLE 25
BEREAVEMENT LEAVE
25.01 An employee will be granted leave of absence, without loss of pay, in order to
attend the funeral, unless it is unreasonable to expect the employee to attend the
funeral given its location, of members of his family for up to the maximum of
days set forth in the following schedule:
25.02
(a) up to five (5) days in the event of the death of the employee's spouse,
child or legally adopted child;
(b) up to three (3) days in the event of the death of the employee's father,
mother, brother or sister, father-in-law, mother-in-law, brother-in-law,
sister-in-law, son-in-law or daughter-in-law;
(c) one (1) day for funeral in the event of the death ofthe employee's
grandparents, grandchildren or spouse's grandparents;
(d) payment will be made for only that portion of the allotted time which falls
within the employee's regular scheduled work week. During vacation
where an employee's scheduled vacation is interrupted due to
bereavement, the employee shall be entitled to bereavement leave. The
portion of the employee's vacation, which is deemed to be bereavement
leave, will not be counted against the employee's vacation credits or
holidays.
In order to be eligible for pay, for the above-noted bereavement leave, the
employee must submit proof of death.
21
ARTICLE 26
JURY DUTY
26.01 An employee who is selected for service as a juror or subpoenaed as a crown
witness will be compensated for loss of pay from the employee's regularly
scheduled hours at the employee's regular hourly rate less the fee received for
services as a juror. However, after the employee has completed jury duties, the
employee is required to return to the Employer's premises to complete the
employee's remaining normally scheduled work day.
ARTICLE27
REPORTING PAY
27.01 Unless employees are notified not to report for work, employees who report for
work at their regular starting time and for whom no work is available, shall
receive not less than four ( 4) hours of any work that is available at their normal
rate of pay, or if no work is available shall receive four (4) hours' pay at their
straight time hourly rate. This provision shall not apply if the failure to provide
work is caused by reason of a strike or other work stoppage, fire, flood, snow
storm, power failure, or other like cause beyond the control of the Employer.
ARTICLE28
CALL IN
28.01 An employee who has completed his shift and left the Company's premises and is
then recalled to work extra time shall be paid time and one half (1 112) and will
receive not less than the equivalent of four (4) hours pay at the employee's
regular rate of pay for such additional work. This shall not apply where the
employee is called in and continues to work into his next scheduled shift or where
the employee is asked to continue to work following his scheduled shift.
22
ARTICLE29
BENEFIT PLANS
29.01 The Employer agrees to pay the premium in accordance with Article 29.05, for existing health and welfare plans as listed below, during the life of this Agreement in accordance with the terms of the plan(s) for each non-probationary employee. All the benefits are described more particularly in the plans for Extended Health Care, AD&D, Dental Plan, Basic Life Insurance, Long Term Disability.
29.02
29.03
29.04
The Employer agrees to increase vision care coverage to:
• First year of the collective agreement $175.00
• Second year of the collective agreement $200.00
• Third year of the collective agreement $225.00
payable once every two years.
The Employer shall provide a drug card.
The Employer agrees to update and maintain Ontario Dental Association fee schedule to current Ontario Dental Association fee schedule.
Short Term Disability amount will be equal to 66.67% of weekly earnings to a maximum of:
$440.00 per week in the first year (Nov 8, 2003 Nov 7, 2004) of the Collective Agreement
$450.00 per week in the second year (Nov 8, 2004- Nov 7, 2005) of the Collective Agreement
The Employer's obligation is restricted to the payment of premiums. Employees should refer to the plan documents to identify the limitations and exclusions of the various plans. Any dispute over payment of benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned.
In order to continue coverage under the plans, employees on a leave of absence must pay to the Employer the equivalent of the total benefit premiums for the duration ofthe leave.
The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs, excluding employees on a pregnancy/parental leave who shall be covered by the Employment Standards Act.
29.05 The Employer agrees to pay the above-noted premium in accordance with the following schedule:
(a) Premium cost- After three (3) months of employment
70% Employer contribution 30% Employee contribution
(b) Premium cost- After two (2) years of employment
80% Employer contribution 20% Employee contribution
(c) Premium cost- After three (3) years of employment
100% Employer Paid
23
PENSION PLAN
29.06 (a)
29.06 (b)
29.06 (c)
The Employer shall allow the employees covered by this Collective Agreement to enrol and be covered by the Employer's Pension Plan. Ifthe employee enrols, the Plan shall provide a monthly Pension for a defined benefit as follows:
As of November st\ 2005 the Plan shall provide a monthly Pension for a defined benefit of Twenty Dollars and Twenty-Five Cents ($20.25) per year of credited service. Credited service shall commence based on the date of membership in the Plan.
As of November gth, 2006 the Plan shall provide a monthly Pension for a defined benefit of Twenty Dollars and Fifty Cents ($20.50) per year of credited service. Credited service shall commence based on the date of membership in the Plan.
As of November gth, 2007 the Plan shall provide a monthly Pension for a defined benefit of Twenty Dollars and Seventy-Five Cents ($20.75) per year of credited service. Credited service shall commence based on the date of membership in the Plan.
Employees shall also be entitled to participate in the contributory option of the Pension Plan. For each employee who voluntarily contributes a percentage of their previous year's earnings which is restricted to either one percent (1% ), two percent (2%), three percent (3%) or four percent (4%) of the previous year's earnings, the Employer will match the contribution at a rate of twenty-five percent (25%) ofthe dollar calculation. For example, if the employee contributes One Hundred Dollars ($1 00.00), the Employer will match by contributing Twenty-five Dollars ($25.00).
The terms and conditions of the contributory and non-contributory options of the Pension Plan including enrolment, coverage and entitlement will be subject to and governed by the terms of the Pension Plan.
24
ARTICLE 30
DURATION OF AGREEMENT
30.01 This Agreement shall become effective on the 8th day of November, 2005, and shall remain in effect until the 7th day of November, 2008 and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of termination or proposed revision of this Agreement not more than ninety (90) days before the 8th day of November, 2008, or in a like period in any year thereafter.
SIGNED THIS DAY OF '2006.
25
SCHEDULE "A"
Automatic Payroll Deposit
Employees will be paid via direct deposit. Implementation will be December 5, 2005. The Company shall notifY, in writing, the affected employees.
Eff. 1118/2005 Eff. 1118/2006 Eff. 1118/2007
CLASSIFICATION RATE RATE RATE
Skilled
Operator (without $17.05 $17.40 $17.80 supervision)
Operator (with $16.05 $16.40 $16.80 supervision)
Additive Technician $16.05 $16.40 $16.80
Additive Tech/Maintenance $15.35 $15.70 $16.10
Maintenance $18.15 $18.50 $18.90 Mechanical/Electronic s
Maintenance (start) $14.65 (start) $15.00 (start) $15.40
$17.15 after 2 years $17.50 after 2 years $17.90 after 2 years of experience in class of experience in class of experience in class
Maintenance Helper $14.65 $15.00 $15.40
Semi-Skilled
Forklift Operator $14.05 $14.40 $14.80
Forklift Operator/(]) $13.15 $13.50 $13.90 Line
Sealer $13.75 $14.10 $14.50
Shipper/Receiver $14.05 $14.40 $14.80
26
Eff. 1118/2005 Eff. 1118/2006 Eff. 1118/2007
CLASSIFICATION RATE RATE RATE
Unskilled
Utility (start) $11.45 (start) $11.80 (start) $12.20
$12.25 after 3 months $12.60 after 3 months $13.00 after 3 months of experience in class of experience in class of experience in class
Janitor/Utility Person (start) $11.45 (start) $11.80 (start) $12.20
$12.25 after 3 months $12.60 after 3 months $13.00 after 3 months of experience in class of experience in class of experience in class
Shift Premiums $00.25 $00.25 $00.25
The Company agrees to train all employees in the "Operator" classrficat10n m secunty procedures.
The Company reserves the right to assign security duties and responsibilities as it deems necessary.
27
LETTER OF UNDERSTANDING - INDIAN ACT - BENEFITS
This letter covers employees who possess official Indian status under the Indian Act. Provided, these employees receive health, dental care and vision care benefits from another source without cost the Employer, the Employer shall pay 100% of the premium cost for life insurance and LTD after three (3) months of employment. Article 29 will apply in all other respects.
SIGNED THIS DAY OF '2006.
28
LETTER OF UNDERSTANDING- ADDITIVE TECHNICIAN TRAINEE
The Employer agrees to train one (1) person as a back up to the Additive Technician. The Employer will post a position called "Additive Technician Trainee" and will fill the position in accordance with Article 16. The Employer will provide training to the successful applicant for a maximum of two (2) weeks during which the employee will continue to receive his current rate of pay. The employee will not receive the Additive Technician rate of pay during the training period. After the training is completed or two (2) weeks have elapsed, whichever occurs first, the employee will return to his former position.
SIGNED THIS DAY OF th~ ,2006.
EMPLOYER
/Jam In Cfd~l_)/1}/)1_/
29
LETTER OF UNDERSTANDING- TEMPERATURE WITHIN PLANT
The Employer and Union agree to refer the issue of the temperature inside the plant during the summer season to the Joint Health and Safety Committee. The Employer will draw on both internal and external resources and will develop a Management recommendation of options to resolve this issue to the Joint Health and Safety Committee by December 31, 2004.
SIGNED THIS DAY OF '2006.
LETTER OF UNDERSTANDING CASUAL EMPLOYEES
This is to confirm the understanding between the parties with respect to the use of casual employees. The parties agree that, under the following conditions, the Company may employ casual employees:
1.) Casual employees may be hired during peak production periods, for vacation relief, for special programs or to cover for temporary absences due to illness, injury or approved leaves of absence.
30
2.) For the first 90 days worked in a twelve-month period, a casual employee will be paid the start rate for the Utility classification, after which they will be paid the full rate of the Utility classification.
3.) There will be a separate seniority list maintained for casual employees. A casual employee will have their name added to the seniority list after they have worked for a period of time equal to sixty days worked in a twelve month period.
4.) Casual employees will be the first to be hired into a full time position, in order of seniority, in the event the Company requires additional full time employees.
5.) Casual employees will not be covered under the terms of the Group Insurance and Pension Plans.
6.) It is not the Company's intention to replace bargaining unit positions with casual or temporary employees. Casual employees will be laid off prior to any layoff of seniority employees.
SIGNED THIS DAY OF '2006.
EMPLOYER
cfltn 'h1 cl§wn~
• 31
LETTER OF UNDERSTANDING- HUMANITY FUND
The Company agrees to deduct on a weekly basis the amount of $0.01 cents per hour from the wages of employees in the bargaining unit for all hours worked and to remit the amount so deducted by the fifteenth day of the month following to United Steelworkers, National Office, 234 Eglinton Ave. East, Suite 800, Toronto, Ontario M4P 1K7, and to advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made.
SIGNED THIS DAY OF '2006.
32
LETTER OF UNDERSTANDING- TECHNOLOGICAL CHANGE
In the event of the implementation of technological change the Company shall meet with the Union to discuss these changes.
The Company shall provide any required training to the effected employees.
SIGNED THIS DAY OF '2006.