rose e. dee (international) ltd. · rose e. dee (international) ltd. (hereinafter called the...
TRANSCRIPT
COLLECTIVE AGREEMENT
between
Rose E. Dee (International) Ltd.
-and-
Service Employees International Union, Local 2
Effective Date: Expiry Date:
November 1, 2012 October 31, 2016
TABLE OF CONTENTS
Article 1- PURPOSE ....................... ..................... .................................. ...................................... 1
Article 2- RECOGNITION ............................................................................................................ 1
Article 3- RELATIONSHIP ............................................................................... ............................. 1
Article 4- UNION DUES .............................................................................................................. 2
Article 5- MANAGEMENT RIGHTS .......... .......................... ... ......................... ... ................... ... ..... 3
Article 6- NO STRIKE, NO LOCKOUT ........................................ ........................................... ........ 4
Article 7- UNION REPRESENTATION ......................................................................................... .. 4
Article 8- COMPLAINT/GRIEVANCE PROCEDURE .................................................... .................... 7
Article 9 - ARBITRATION ..................... ............................................................ ... ......................... 9
Article 10 - PROBATIONARY PERIOD ............. .............................................................................. 10
Article 11- SENIORITY ................................................................................................................ 10
Article 12- JOB POSTING$, LAY OFF AND RECALL ....................................................................... 12
Article 13- WAGES ................................................................ ..................................................... 15
Article 14- HOURS OF WORK AND OVERTIME ........................................................................... 17
Article 15- HOLIDAYS ..................... ...... ............. .. ....................................................................... 20
Article 16- VACATION ........................ ........................................... ...... ....................................... 22
Article 17- LEAVE OF ABSENCE .................................................................................................. 23
Article 18- EQUIPMENT ............................................................................................................. 25
Article 19- TRAINING COURSES ................................................................................................. 26
Article 20- NO CONTRACTING OUT ....................... ..................................................................... 26
Article 21- WORKPLACE SAFETY AND INSURANCE ACT .............................................................. 27
Article 22- HEALTH & WELFARE BENEFITS ................................. .. .............................................. 27
Article 23- BULLETIN BOARD ..................................................................................................... 28
Article 24- GENERAL .................................................................................................... .......... .. .. 28
Article 25- ATIENDANCE/PUNCTUALITY INCENTIVE BONUS ...................................................... 30
Article 26- DURATION ...................... ................................................................ ........................ .. 32
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Article 27- PRINTING OF AGREEMENT ....................................................................................... 32
SCHEDULE "A"WAGES .................................................................................... ...... .... ............ ....... 33
SCHEDULE "A" ............................................................................................................................ 34
LEITER OF UNDERSTANDING- 1 ................................................................................................ 36
LEITER OF UNDERSTANDING- 2 ................................................................................................ 37
LEITER OF UNDERSTANDING- 3 ................................................................................................. 38
LEITER OF UNDERSTANDING- 4 ................................................................................................. 39
LEITER OF UNDERSTANDING- 5 .......... ...................... ...................... .............. ................ ............ . 40
LEITER OF UNDERSTANDING- 6 ................................................................................................ 41
LEITER OF UNDERSTANDING -7 ................................................................................................. 43
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COLLECTIVE AGREEMENT between
Rose E. Dee (International) Ltd. (Hereinafter called the "Employer")
- and -
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 2
(Hereinafter called the "Union")
ARTICLE 1 - PURPOSE
1.01 It is the central purpose of this Agreement to establish an orderly collective bargaining
relationship between the Employer and the bargaining unit of employees concerned, to
provide a mechanism for the prompt and equitable disposition of grievances, to
establish and maintain satisfactory working conditions of employment, and to
encourage efficient operations.
ARTICLE 2- RECOGNITION
2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all its
employees in the City of Toronto save and except supervisors, persons above the rank of
supervisor and office and clerical staff and artists.
ARTICLE 3- RELATIONSHIP
3.01 All employees who are hired following the date of ratification of this Agreement will
within thirty (30) days after the signing date of this Agreement become and remain
members in good standing of the Union as a condition of employment.
3.02 There shall be no discrimination on the part of the Employer or the Union by reason of
race, creed, colour, marital status, sex, nationality, ancestry, place of origin, residence,
age, political affiliation, sexual orientation. The parties agree to abide by the terms of
the Human Rights Code.
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ARTICLE 4- UNION DUES
4.01 It shall be a condition of employment that all employees of the Employer covered by
this agreement shall pay Union dues as established by the Union from time to time. It is
agreed that arrangements will be made by the Union for a Union representative to
interview a newly hired employee in the month following the month of the employee's
commencement of employment, for the purpose of informing such employee of the
existence of the Union and this collective agreement. The interview will take place at a
mutually agreed upon time and will not exceed ten (10) minutes.
4.02 Commencing in the month following the month of hire, the Employer shall deduct
Union dues as directed by the Union from each employee each month and shall send all
of the monies so collected to the Secretary-Treasurer of the Union on or before the 25th
day of the month in which the deductions were made together with a list of the names
of the employees from whose pay deductions have been made and also the names of
any employees terminated since the last payment.
4.03 The Union shall be notified of the name and address of each newly hired employee
within 30 days of hire. The addresses, if available, will be remitted to the Union each
December.
The Employer will provide the Union with bargaining unit employee information in an
electronic format without any additional cost to the Employer. Employee information
relating to the employee's name, date of hire, phone numbers and addresses (if
available), will be forwarded to the Union on an electronic disc or by electronic mail
three times per year.
4.04 The Union agrees that, except as provided for in this Agreement or by agreement of the
parties, there will be no union activity on the premises of the Employer during the
employees' working hours.
4.05 The Union shall indemnify and hold the Employer harmless from any claims, suits,
judgements, attachments, complaints and from any other form of liability which may
arise as a result of any deductions from wages that are made in accordance with this
Article.
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ARTICLE 5- MANAGEMENT RIGHTS
5.01 Except to the extent explicitly abridged by specific written provisions to this Agreement,
the Company reserves and retains, solely and exclusively, all of its inherent rights to
operate and manage its business, and operations in accordance with its commitments,
its obligations and responsibilities, including those rights which the Employer had prior
to the signing of this Agreement.
5.02 The Union recognizes and acknowledges that all management rights and prerogatives
and the direction of the working forces, and the management of the Employer•s
operations are vested exclusively with the Employer and without limiting the generality
of the foregoing, the exclusive functions of the Employer shall include the following
rights:
(a) to operate and manage the Company in every and in all respects;
(b) to maintain order, discipline and efficiency amongst its employees and in
connection therewith to establish and enforce reasonable rules, regulations,
policies and practices to be observed by its employees. The Employer reserves the
right to amend or introduce new reasonable rules from time to time;
(c) to select, hire, retire, transfer, lay-off, recall, promote, demote, classify, assign
duties, discharge, suspend, or otherwise discipline employees who have completed
probation for just cause provided that a claim that a seniority employee who has
been discharged or disciplined without just cause may be made the subject of a
grievance and dealt with as hereinafter provided; to determine whether vacancies
exist and to hire persons to fill vacant positions or newly created positions on a
temporary, or permanent basis from time to time;
(d) to determine the nature and kind of operations conducted by the Employer, the
kinds and locations of its operations, the kinds of machinery and/or equipment to
be used, the methods of operating and control of materials, goods, or equipment
to be used, the quality and quantity of services and/or products;
(e) to have the right to plan, direct, control and determine the work of the employees,
the operations of the Employer, and the schedules and procedures of work. This
includes the right to introduce new and improved methods, facilities, equipment,
and to direct and control the amount of supervision necessary, to combine
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classifications, or work locations, work schedules, and to increase or reduce
personnel in any particular area or department, or on the whole, and the number
of employees required by the Employer from time to time, and to establish starting
and quitting times; to assign employees to shifts (if they exist) as required having
regard to seniority, to temporarily and permanently assign duties in the workplace;
(f) to determine the number of shifts, job content and requirements, and the
qualifications of employees;
(g) to establish, amend, or modify standards of production; to determine the
requirements of a job and the qualifications of an employee to perform the work
required;
5.03 The Company agrees that its functions will not be exercised in a manner inconsistent
with the other provisions referred to in this Agreement in an effort to maintain and
promote harmonious relations with the employees and the Union.
5.04 The Employer agrees that non-bargaining unit employees will not perform bargaining
unit work if existing bargaining unit employees would be laid off or sustain a reduction
in their regular hours of work as a direct result.
ARTICLE 6- NO STRIKE, NO LOCKOUT
6.01 In view of the orderly procedures established by this Agreement and provisions of the
Ontario Labour Relations Act for the settling of disputes and the handling of grievances,
the Union agrees that during the term of this Agreement, neither it, nor its
representatives, will threaten, cause or direct any strike by bargaining unit employees.
6.02 The Employer agrees that it will not threaten, cause or direct any lockout of its
employees for the duration of this Agreement.
6.03 The words "strike .. and "lockout" shall have the same meaning given to those words as
set out in the Ontario Labour Relations Act.
ARTICLE 7- UNION REPRESENTATION
7.01 The Employer recognizes the right of the Union to elect or appoint one (1) Chief Steward
and four (4) additional Stewards all of whom must have at least six (6) months of
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seniority with the Employer. The Union will notify the Employer from time to time as to
the names of the stewards and the areas of their responsibility; all stewards shall be
active regular seniority employees of the Employer.
7.02 The Union acknowledges that stewards have their regular duties to perform on behalf of
the Employer and that as much as possible, all activities of the Union and Stewards will
be carried on outside regular working hours. Stewards shall not leave their regular
duties to attend to the complaints and grievances of employees without having first
secured permission from their immediate supervisor, which permission shall not
unreasonably be withheld. Stewards shall state their destination to their immediate
supervisor and shall report again to him at the time of their return to work. Stewards
will be compensated at their regular rate of pay while attending to union business
relating to the operation of the Employer and the collective agreement. It is understood
that only one steward will be required to process a grievance or to meet with
management at any one time unless agreed to otherwise.
7.03
(a) The Company acknowledges the right of the Union to appoint or elect five (5)
employees to serve as members of the negotiating committee all of whom must be
actively employed and have at least six (6) months seniority with the Employer.
(b) Employees who are members of the Negotiating Committee will be paid their
regular rate of pay for all regular scheduled working hours that are missed but
spent in negotiating meetings up to but not including conciliation.
7.04 When an employee is required to attend a meeting in which the employee is to be given
a disciplinary written warning, suspension or discharge, the employee will have the right
to request that a union steward be present at the meeting. The employee will be
advised in advance of the purpose of the meeting. In the event that a steward is not
available at the time of the meeting, the employee may request another seniority
employee to be in attendance.
7.05 Copies of all disciplinary notices issued to bargaining unit members will be provided to
the employee concerned.
The Employer will provide the Chief Steward with a copy of a job posting that is referred
to in Article 12.01 (a) of the Collective Agreement
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7.06 In the event that the Employer includes a notice of disciplinary suspension or notice of
disciplinary termination of employment in an employee's personnel file, a copy of such
notice will be forwarded to the Chief Steward.
7.07 The Employer will agree to allow one paid day of leave per steward during the term of
the Collective Agreement at times that are authorized by the Employer while having due
regard for the operations of the Employer. Such authorization will not be unreasonably
withheld.
7.08 Labour-Management Committee
(a) On the request of either party, the parties shall meet at least once every three (3)
months, or as necessary, during the life of this Agreement to discuss issues relating
to the workplace which may affect the parties. Meetings will be held at a mutually
agreed upon time and location.
(b) A request for a meeting will be made in writing and shall include an agenda of
matters proposed for discussion. The subject matter will not include matters which
should more properly be dealt with under the grievance procedures set out in this
Agreement.
(c) An equal and mutually agreed upon number of representatives, not to exceed
three (3) from each party may attend the meeting. Employees attending these
meetings during their regularly scheduled hours shall suffer no loss of income.
(d) It will be the Committee's objective to complete the meeting within one (1) hour if
possible.
7.09 Joint Health and Safety Committee
(a) The Employer and the Union agree that they mutually desire to maintain standards
of safety and health in the workplace in order to prevent accidents, injury, illness,
and maintain a healthy work environment.
(b) The Employer acknowledges its obligations under the Occupational Health and
Safety Act (as amended from time to time). A Health and Safety Committee will be
established and it will be comprised of three (3) bargaining unit employees of the
Employer who have at least six (6) months seniority and three (3) members of the
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Employer's management. The employee representatives will be selected or
appointed by the Union from amongst bargaining unit employees.
(c) The Committee shall identify potential dangers and hazards, recommend means of
improving health and safety and recommend actions to be taken to improve
conditions related to health and safety.
(d) The Committee shall meet at least once every two (2) months at the workplace at a
mutually agreed time. Minutes will be maintained of all meetings.
(e) Any representative attending a meeting of the committee shall not lose regular
earnings as a result of such attendance. Committee members shall be given sixty
(60) minutes off work with pay, prior to each meeting for the purpose of
consultation.
(f) The Union agrees to endeavour to obtain the full co-operation of its membership in
the observation of all safety rules and practices.
ARTICLE 8- COMPLAINT/GRIEVANCE PROCEDURE
8.01 For the purpose of this Agreement, a grievance is defined as a difference ansmg
between the parties relating to the interpretation, application, administration or alleged
violation of the Agreement, including any question as to whether a difference or dispute
is arbitrable. The purpose of this Article is to establish a procedure for the settlement of
grievances.
8.02 It is generally understood that an employee has no complaint or grievance until he
either directly or through the Union, has first given his supervisor an opportunity to
adjust the complaint. The employee alleging a violation of the Agreement must so
advise his supervisor within five (5) days of the incident.
8.03 After registering such complaint with his immediate supervisor, the supervisor shall
state his decision verbally within two (2) days of having received the complaint, or
within any longer period which may have been agreed to by the parties. If no
settlement is agreed upon by the parties, the following steps of the grievance procedure
may be invoked.
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Step 1
Should the employee be dissatisfied with the immediate supervisor's disposition of the
complaint, the employee may, with the assistance of his union steward, refer such a
matter on a written grievance form supplied by the Union, to the employee's immediate
supervisor of the Plant no later than ten (10) days following the incident giving rise to
the complaint. The immediate supervisor shall respond to the grievance in writing no
later than five (5) days following the receipt of the written grievance. Within five (5)
days of the receipt of the response at Step 1, the matter may be referred to Step 2 of
the grievance procedure if the response is unsatisfactory, and such referral will be made
to the General Manager of the plant (or his designate).
Step 2
The grievor and his representative and the General Manager (or his designate) along
with the Union's Business Agent shall meet to discuss the grievance within ten (10) days
after the referral is made to Step 2 or at a time mutually agreed to. The Employer will
issue a decision within five (5) days of the meeting in Step 2 and if the decision is
unacceptable it may be referred by mutual agreement of the Union and the Employer to
grievance mediation as hereinafter provided within ten (10) days after the response at
Step 2 is given. If the parties do not agree to initiate the mediation process, the matter
may be referred to arbitration within the same ten (10) day period.
8.04 Policy, group, and discharge grievances shall be filed at Step 2 of the grievance
procedure. Discharge grievances must be filed within five (5) days after an employee
has been terminated.
8.05 For the purpose of this Article and Article 9, when determining the time limits within
which action is to be taken, the reference to days shall be exclusive of Saturdays,
Sundays and statutory holidays.
8.06 No matter may be submitted to arbitration (or mediation as the case may be) which has
not been properly carried through all of the requisite steps of the complaint/grievance
procedure. Time limits specified in the complaint/grievance procedure may be
extended only by mutual agreement of the parties.
8.07 All agreements concluded under the grievance procedure between the Company and
the Union will be final and binding upon the Company, the Union and employee(s), and
may include such terms which the parties may agree upon.
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8.08 Probationary employees as referred to in Article 10.01 of this Agreement may be
terminated or laid off without any right to recall, in the sole and absolute discretion of
the Employer. A probationary employee will have no right or basis upon which to file a
grievance in relation to his termination or lay-off and the termination of any such
employee will be deemed to have been for just cause.
8.09 The grievance mediation process and any settlement reached in mediation may be
without prejudice to either party. If no settlement is reached through the
complaint/grievance and/or mediation procedures as the case may be, then either party
may refer a matter to arbitration as provided in Article 9 of this Agreement.
8.10 All grievances that are submitted by an employee or the Union must include a written
statement which will set forth the nature of the grievance.
8.11 The Employer may institute a grievance, consisting of an allegation of a general
misinterpretation or violation of this Agreement by the Union, its representatives, or
any employee, in writing, dated and signed, by forwarding a written statement of said
grievance to the Union. A meeting will then be held with the Union within five (5) days
of the presentation of the grievance or as otherwise mutually arranged. A failure to
hold the meeting will constitute a denial of the grievance. The Union will provide a
written response to the grievance after the meeting within seven days of the meeting.
Failure to give a response will constitute a denial of the grievance. Failing settlement of
the grievance, the Employer may refer the grievance to arbitration as set out herein.
ARTICLE 9 - ARBITRATION
9.01
(a) Where a difference arises between the parties relating to the interpretation,
application or administration of the 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 notify the other in writing of its desire to
submit the difference or allegations to arbitration. When either party wishes to
have the difference or allegation referred to arbitration, it may by mutual
agreement, be referred to a single arbitrator.
(b) The notice from the party submitting the difference or dispute to arbitration, shall
contain the name of the proposed arbitrator (or the party's nominee as the case
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may be) and shall be delivered to the other party within ten (10) working days
following the conclusion of the grievance procedure or mediation process as the
case may be.
(c) The recipient party shall, within seven (7) working days, advise the other of the
name of its proposed arbitrator (or nominee as the case may be). If the parties (or
their nominees as the case may be) are unable to agree on an arbitrator to chair
the board of arbitration, either party may request that the Minister of Labour make
the appointment.
9.02 No person may be appointed as an arbitrator who has been involved in an attempt to
negotiate or settle a grievance.
9.03 The arbitrator shall not be authorized to make a decision inconsistent with the
provisions of this Agreement, or to alter, modify, add to or amend any part of this
Agreement.
9.04 Each of the parties hereto will share equally the fees and expenses of the arbitrator
appointed herein and will pay the cost of their own nominees if applicable.
ARTICLE 10- PROBATIONARY PERIOD
10.01 All employees must complete a probation period of fifty (50) working days actually
worked. An employee will not be placed on any seniority list until after the successful
completion of the probation period. Following their successful completion of the
probation period, employees' names shall be placed on the appropriate seniority list
and their seniority shall date back to the date of last hiring.
10.02 The Employer shall supply the Union every six months, in January and July, seniority lists
of all employees coming within the scope of this bargaining unit. The seniority lists will
show the names of the employees, and their respective positions on the appropriate
seniority lists.
ARTICLE 11- SENIORITY
11.01 Employees shall accrue seniority after successfully completing the probation period,
from their date of last hire.
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11.02 In all cases of job postings, lay-offs and recalls, the following factors shall be considered:
(a) Skill, ability, reliability, availability, and qualifications;
(b) Where the factors in 11.02(a) above are relatively equal, the employee with the
greatest departmental seniority shall be selected for a job posting. In the event of
lay-offs and recalls of employees, the departmental seniority of an employee will
govern the lay-off or recall and employees will be laid off on the basis of their
departmental seniority provided that the remaining employees within the
department can satisfy the criteria set out in 11.02(a) above to do the work which
is available.
11.03 An employee will lose all seniority and will be deemed to be automatically terminated
without further notice for any of the following reasons:
(a) Voluntary resignation;
(b) Discharged for cause and not reinstated through the grievance or arbitration
procedures;
(c) Absent from work for three (3) consecutive days without notifying the Employer
unless a reason satisfactory to the Employer is provided by the employee;
(d) After a lay-off, a failure to notify the Employer of an intention to return to work
within 48 hours of being notified of recall by registered mail, courier or by
telephone or, failure to return to work within five working days after being notified
of the recall. Mail that is sent to the last known address of an employee according
to the Company's records will be effective notice;
(e) Lay-off for twelve (12) months or the length of the employees' seniority, whichever
is less, following the date of lay off;
(f) If off work in excess of twenty-four (24) months due to injury or illness; this clause
shall be interpreted in a manner that is consistent with the provisions of the
Human Rights Code.
(g) Failure to report for work as scheduled at the end of a leave of absence, vacation,
or suspension unless a reasonable explanation is provided to the Employer and can
be proven to the Employer;
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(h) Engages in gainful employment without authorization while on an approved leave
of absence.
11.04 Seniority shall be maintained and accumulated during:
(a) an absence due to illness, work related accident (i.e. Workplace Safety Insurance
Act accident), all of which is subject to article 11.03 (f) above;
(b) an authorized leave of absence with pay;
(c) an absence due to pregnancy, adoption leave or parental leave;
(d) an authorized leave of absence without pay for a period of up to thirty (30)
consecutive calendar days following the commencement of the leave of absence.
ARTICLE 12- JOB POSTINGS, LAY OFF AND RECALL
12.01 Job Posting
(a) Where a bargaining unit job vacancy occurs which the Employer intends to fill, such
vacancy shall be posted for five (5) working days;
(b) All postings will contain the following information:
Job Classification
Rate of Pay
Hours of work and shift where applicable
Required ability, qualifications, skills, and availability;
(c) Employees wishing to apply for a posted position will do so within the five (5) day
period prescribed in 12.01(a). Applicants to a job posting will be considered by the
Employer based on the criteria set out in article 11.02(a);
(d) The successful candidate for a job vacancy may return or be returned by the
Employer, to his former position within a period of ten (10) working days from the
commencement of the assignment if the Employer or employee as the case may
be, so wishes without loss of rights or privileges, and all other employees
transferred or re-assigned as a result of the move will also be returned to their
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former positions.
The vacancy may then be filled from the applicants to the original posting.
If there are no successful applicants for a vacant position that has been posted by
the Employer, the Employer may secure applications for the vacant position from
outside the bargaining unit;
(e) A vacancy created by a posting will not be subject to more than two (2) further
postings arising from the original posting.
12.02 Lay Off and Recall
(a) In cases of lay off, or recall from lay off, the employee with the greater
departmental seniority in the affected department, provided that he/she has the
requisite qualifications, skills, ability;reliability and availability to perform the
required work, shall be the last to be laid off in the department and conversely the
first to be recalled from lay off back into the department. An employee may only
bump into a classification within his/her department that has a four (4) wage rate
that is equal to or lower than his/her own rate of pay. There will be three (3)
departments. The departments will be comprised of the following classifications of
employees and are as follows:
Department 1: Driver
Department 2: Order Filler, Order Picker, Manufacturing, Sample Maker
Department 3: General Warehouse, Automatic, Machine Operator, Students
Department 4 : Kincort Notions
(b) In the event that the least senior employee with seniority in one of the
departments referred to above is about to be permanently laid off from within
his/her own department, such employee may bump an employee with the least
seniority in another classification in another department if:
(i) The classification within the other department is one that has a wage rate that is
equal to or lower than the employee's own classification from which he/she is
being laid off; and
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(ii) The Employer must be satisfied that the employee has the requisite skill, ability
qualifications, reliability and availability to immediately perform the duties of
the other classification in the other department. Notwithstanding any other
Article in the Collective Agreement, in the event of a lay-off, employees who are
working in the Kincort Notions classification cannot be displayed by any other
bargaining unit employee unless such employee is working in an other
classification and earning a higher or equal rate of pay, and such employee has
had work experience in the Kincort Notions classification and the Employer is
satisfied that such employee can immediately and effectively perform all of the
duties in the Kincort Notions classification.
(c) In the event the Employer determines the need to implement a permanent lay-off,
the Employer agrees to meet with the Union to discuss the effects of the lay off
and possible alternatives to the lay off prior to employees being notified of the lay
off. Such meeting will take place seven (7) days prior to the date of the planned
lay-off unless otherwise extended by mutual agreement, or if circumstances do not
reasonably permit. If the parties do not meet as set out herein, the lay-off may be
implemented.
(d) Notice of Lay Off
(i) In the event of a proposed temporary layoff that is expected to last for a period
that is less than thirteen (13) weeks, the Employer will endeavour to provide as
much notice as possible, to all affected employees.
(ii) In the case of a layoff exceeding 13 weeks, the Employer will provide at least one
(1) weeks' notice to employees who have completed probation, or as otherwise
required by the Employment Standards Act, or pay in lieu thereof.
(e) An Employee who is subject to lay-off shall have the right to either:
(i) Accept the lay off; or
(ii) Displace an employee who has less departmental seniority or a less senior
employee in another department as set out in Article 12.02 above, if the
employee subject to lay-off has the requisite skill, ability, and qualifications to
perform the duties of the employee being displaced and can perform the job
without training other than modest orientation. This employee will be paid at
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the applicable rate for the specific job classification in the department that they
assume.
(f) In the event it is necessary to reduce the work force, senior employees may
volunteer for such lay-off, provided that those employees who remain in the
department can satisfy the criteria referred to in 11.02(a) to immediately perform
the available work to the satisfaction of the Employer. Senior employees wishing to
exercise these rights must immediately inform the Employer that they are prepared
to be laid off in place of an employee with less seniority.
12.03 Recalls
Before hiring any new employee in a department, the Employer will offer an opening in
a department to an employee who is on lay-off who has retained seniority and, who is
ready, willing and able to assume the position that is being offered by the Employer at
the time and who can satisfy the criteria referred to in article 11.02(a). Notification of
recall from lay-off will be communicated by means of registered letter, courier or by
telephone. It will be the employee's responsibility to keep the Employer informed of his
most current address and telephone number.
In the event that an employee with seniority is on a permanent lay-off from his/her
classification in her own department, and there is an opening in another classification in
another department (other than the employee's home department) the Employer may
offer such opening to the laid off employee if:
(i) the classification within the other department is one that has a wage rate that is
equal to or lower than the employees own classification from which he/she was
laid off; and
(ii) the Employer must be satisfied that the employee has the requisite skill, ability
and qualifications, reliability and availability to immediately perform the duties
of the other classification in the other department.
ARTICLE 13- WAGES
13.01 Hourly wages will be paid according to the classification and schedule that is set forth in
schedule "A" of this Agreement.
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13.02 Employees will be paid bi-weekly by direct deposit. Pay stubs will be provided to each
employee in a sealed envelope.
13.03 When an employee is assigned by the Employer to temporarily perform the duties of a
higher paying bargaining unit position for a period in excess of four (4) hours, the
employee will be paid the rate of pay that is immediately above their own current rate
in the higher classification to which he is assigned from the commencement of the shift
on which he was assigned the job by the Employer.
13.04 In the event that the Employer requires any bargaining unit employee who is not a lead
Hand, to train another employee, such employee will be paid an amount of one ($1.00)
dollar (the Training Premium) for each hour in respect of which such training is
authorized by the Employer and actually provided by such employee, in addition to the
employee's regular hourly rate of pay. It is understood that the Training Premium is not
included in the employee's regular rate of pay but is a payment that is made in addition
to the regular hourly rate of pay for the purposes of this Agreement.
13.05 If the Employer creates a new classification the Union will be notified within seven (7)
days and provided with a proposed job description and rate of pay. If the Union
challenges the rate of pay or any other matters pertaining to the new classification, it
will notify the Employer within 7 days of receipt of the above noted information and a
meeting will be arranged to discuss any issues in dispute. If the parties are unable to
agree on any issues, including rates of pay, within 14 days of the meeting any
outstanding issues may be submitted to mediation by mutual agreement, or to binding
arbitration for final resolution.
13.06 Incentive System for Double Folding
(a) The Employer will continue the current incentive system for double folders, of
paying one (1) cent for every double folded meter of fabric that exceeds 10,000
meters of fabric per week which amount is paid bi-weekly less statutory
deductions.
(b) Effective the first full pay period following the date of ratification of the Collective
Agreement, the Employer will introduce a new incentive threshold so that the
Employer will pay an amount of one and one-half (1.5) cents for every double
folded meter of fabric that exceeds 15,000 meters of fabric per week which
amount is paid bi-weekly less statutory holidays.
16 I Page
(c) It is understood that with respect to Knits and Fleeces, double folders will be
credited with having double folded one and one-half (1.5) meters of fabric for
every meter of knits and fleeces that are double folded for the purposes of
calculating the meters of fabric that have been double folded in relation to each of
the two incentives.
(d) It is understood that the production qualification referred to in (b) above will be
adjusted and prorated to reflect time off during any week in which there is a
holiday as set out in Article 15 or a scheduled vacation period for the employee.
ARTICLE 14- HOURS OF WORK AND OVERTIME
14.01 It is understood that this Article is intended to provide the basis of a work week for
bargaining unit employees but shall not be interpreted as a guarantee of normal hours
of work per day, or normal hours of work per week, or normal days of work per week,
nor is it a guarantee of any employee's work schedule(s).
14.02 The work week for regular full time employees shall be up to forty point five (40.5)
hours per week and exclusive of meal periods, Monday to Friday. The normal week is
referred to herein for the purposes of computing overtime only which will be calculated
on a bi-weekly basis as set out below. Any hours worked by an employee in excess of
eighty-one (81) hours bi-weekly will be paid for at the rate of one and one-half (1 ~)
times the employees regular hourly rate.
14.03 All employees will receive two (2) fifteen minute paid breaks per shift at times approved
by their immediate supervisor, plus a thirty (30) minute unpaid lunch break.
14.04 The parties agree there will be no split shifts and that there will be a minimum of fifteen
(15) hours between the end of one shift and the commencement of the next shift unless
otherwise agreed to between the parties.
14.05 All work performed on Saturdays or Sundays will be paid for at one and a half (1 ~)
times the employee's regular hourly rate. This will exclude hours worked on either of
these days that are part of a normal schedule or where work is being performed on a
Saturday or Sunday to substitute for work during the normal schedule by mutual
agreement of the Employer and employee(s).
17 I Page
14.06
(a) Distribution of Overtime
(i) An "Available to Work Overtime Hours List" ("the List") for employees in each
classification, will be maintained. Employees in each classification will be given
an opportunity to place their names on the List if they are indeed ready, willing
and able to work overtime hours within their respective classifications whenever
required by the Employer from time to time.
(ii) The Employer will request volunteers from amongst the employees in each of
the job classifications, to work the overtime hours as required when compiling
the List for each job classification.
(iii) In the event that the overtime hours become available in a classification, the
Employer will consult the List and offer overtime hours to the employees on the
List on a rotating basis. The Employer will not be required to contact employees
or offer overtime hours to those employees whose names do not appear on the
appropriate job classification List.
(iv) An employee whose name appears on the List and who is requested to work
overtime hours by the Employer will be required to work the hours that are
offered unless a reasonable and acceptable explanation is provided to the
Employer. It is understood that if an employee refuses a request to work
overtime hours without providing a reasonable and acceptable explanation to
the Employer, his/her name will be removed from the List and no further offers
of overtime hours will be made by the Employer to such employee. An
employee whose name has been deleted from the list may have his/her name
included on the List again sixty (60) days after it has been removed.
(v) As a condition of offering any overtime hours to an employee on the List, such
hours must not interfere with the employee's regular work schedule, and must
not conflict with the terms of the Collective Agreement or of any statute.
18 I Page
(vi) The Employer reserves the right to assign hours of work that would be overtime
hours, as it sees fit in the event that there are an insufficient number of
employees on the List for each particular classification, or in the event that the
Employer is unable to schedule the hours of work amongst the employees on
the List for any reason whatsoever. In this regard, the Employer will have the
option to assign overtime hours to an employee whose name appears on
another classification List which is a classification that has a rate of pay that is
equal to or lesser than the classification in which the overtime opportunity
exists, provided that the Employer determines that such employee is ready,
willing, skilled and sufficiently experienced to immediately perform the overtime
work that is required.
(vii) It is also understood that the Employer will have the right to assign overtime
hours to the least junior employee in a classification, if there are insufficient
employees available to work the required hours, regardless of whether such
employee's name is on the List or not.
(b) The Employer will make every reasonable effort to schedule overtime work on a
rotating basis amongst bargaining unit employees within the classification and the
department where the work is available. Employees who are requested to work
overtime pursuant to this article will be required to work the overtime assignment
unless a reasonable explanation to the Employer is provided subject to the
provisions of Article 14.06 (a) as set out above.
14.07 The Employer will not re-schedule employees for the sole and only purpose of avoiding
overtime payment.
14.08 Reporting Pay and Call Back
Employees who are required by the Employer to report for any scheduled shift will be
guaranteed at least four (4) hours of work or pay in lieu thereof.
Any employee, who is called back to work after having completed his full scheduled
hours of work and having left the Employer's premises, will receive a minimum of four
(4) hours pay. It is understood that this provision will not apply in the case of employees
who are required to work immediately prior to the commencement of their regular
shift.
19 I Page
14.09 The four (4} hour minimum will not apply where the Employer is unable to provide work
to the employee(s} because of fire, lightening, power failure, storms, labour dispute or
similar causes which are beyond the control of the Employer and which prevents the
Employer from providing the minimum of four (4} hours of work. The four (4} hour
minimum will not apply to casual or temporary employees nor to any employee who has
agreed or requested to work less than four (4} hours.
14.10 All time worked must be recorded by employees. Employees must record their own
starting and quitting times.
14.11 Any employee who is unable to attend at work for a scheduled shift as scheduled for a
justifiable reason to the Employer, must notify the Employer of the absence or lateness
as the case may be, (if the lateness is expected to be for one hour or more} prior to the
commencement of the employee's scheduled shift so that other arrangements can be
made by the Employer.
ARTICLE 15- HOLIDAYS
15.01 Employees who have successfully completed the probation period will receive the
following paid holidays:
15.02
Boxing Day (December 26th) Labour Day *Float Day
Thanksgiving Day Victoria Day
Christmas Day Canada Day
New Year's Day Civic Holiday
Good Friday Family Day
* Employees with three (3) or more years of continuous service with the Employer will
be entitled to one (1} float day per contract year. Such date to be mutually agreed upon.
(a} In order to qualify for payment of any of the above named holidays, an employee
must have reported for work on his regularly scheduled working day immediately
prior to and immediately following the holiday, unless absent due to vacation or
legitimate illness which is verified by a certified medical certificate provided to the
20 I Page
Employer;
(b) A full time employee who has worked 12 days during the 28 calendar days
preceding the holiday will be eligible to receive the holiday pay.
(c) An employee who is part-time or any employee who works less than 12 days
during the 28 calendar days preceding the holiday will be eligible to receive holiday
pay based on the total amount of regular wages earned and payable in the 4 weeks
preceding the holiday divided by 20.
15.03 Eligible employees who are not assigned to work on a holiday named above will be paid
their regular pay for the day.
15.04 Employees who are required to work on any of the Holidays specified in 15.01 above
shall be paid at the rate of one and one-half times their regular rate of pay for all hours
worked in addition to their regular rate for all hours worked on that day.
In the alternative and with the agreement of the Employer and employee, the Employer
will pay to the employee wages at the rate of one and one half times their regular rate
of pay for the hours worked on the holiday and substitute another day that would
ordinarily be a working day for the employee to take off work and for which he/she will
be paid statutory holiday pay. The substituted day will be a day that is no more than
three (3) months after the holiday occurred.
15.05 If one of the above named holidays occurs on an eligible employee's regular day off or
during his vacation period, the employee will receive an additional day off in lieu
thereof.
15.06 When any employee is required to work on any one of the paid holidays, the hours
worked on the holiday and the day of the holiday itself, will not be taken into
consideration in calculating any overtime pay to which the employee may be entitled for
the period in respect of which the holiday occurs. When a seniority employee is not
required to work on any of the paid holidays and is eligible to receive holiday pay, the
hours not worked but paid for on such holiday, will be considered as hours worked for
the purposes of calculating overtime eligibility.
211 Page
ARTICLE 16- VACATION
16.01 Seniority employees will be entitled to an annual vacation pursuant to the following
schedule based upon their completed years of continuous service since the date of last
hire on the following basis:
(a) Two (2) calendar weeks vacation after one (1) year of continuous service with pay
equal to four percent (4%) of the gross wages earned by the employee during the
vacation year.
(b) Three (3) calendar weeks vacation after six (6) years of continuous service with pay
equal to six percent (6%) of the gross wages earned by the employee during the
vacation year.
(c) Four (4) calendar weeks vacation after nine (9) years of continuous service with pay
equal to eight percent (8%) of the gross wages earned by the employee during the
vacation year.
(d) Employees who have not completed probation as of the June 30th cut-off date
referred to in 16.02 below, will receive no scheduled vacation time but will receive
vacation pay equal to four percent of their gross w~ges during the vacation year.
16.02 Vacation pay will be paid to employees on a separate cheque and will be paid at a time
that is in accordance with the current practice in the Company. For greater clarity, it is
understood that:
16.03
(a) employees will be paid their applicable vacation pay on the pay period that
includes June 30th of each year, or
(b) if an employee requests vacation pay to be paid at a time other than on the pay
period that includes June 30th, such employee may be paid at another time in
respect of vacation pay that was earned between the most recent June 30th and
the date that the request for payment of vacation pay is made.
(a) Employees shall submit vacation requests by no later than April 15th on a yearly
basis and the Employer will confirm vacation dates by May 1st. Where conflicts
exist in scheduling, departmental seniority shall be considered. In the event those
-22 I Page
employees do not submit vacation requests by April 15th, vacations will be granted
by the Employer based on availability.
It is understood that employees will normally be required to take an unbroken
vacation period of one week (in that case of an employee who has been employed
for less than one year), and at least two weeks or two periods of one week each (in
the case of an employee who has been employed for more than one year).
(b) In either case and in exceptional circumstances, the Employer may in it's discretion
permit an employee to take accrued vacation time in shorter periods provided that
the Employer receives at least two weeks advance notice of the Employee's request
and that the Employer determines that it's operation will not be detrimentally
affected by allowing the request.
16.04 Any employee who leaves the employ of the Employer due to termination or lay-off (as
the case may be) will receive his vacation pay based on the pro-rated amount of
vacation pay that was earned between the most recent July 1st and the date of
termination or lay-off.
16.05 Vacations may not be accrued from one year to the next and are to be taken in the year
of entitlement unless otherwise authorized by the Employer.
16.06 In calculating ugross earnings" for the purposes of determining vacation pay, no account
will be taken of any vacation pay that has been previously paid, notwithstanding any
other article in this Agreement.
ARTICLE 17- LEAVE OF ABSENCE
17.01 Personal: Upon application in writing and subject to the written approval of the
Employer, which shall not be unreasonably denied, an employee may be granted a leave
of absence without pay for good and sufficient personal reasons. An employee
requesting the leave, must provide at least four weeks' advance notice in writing (except
in cases of emergencies) and must indicate the reason for the leave, the requested date
of the departure and the date of the requested return.
17.02 Bereavement:
(a) In the event of a death in the immediate family of an employee who has
23 I Page
17.03
successfully completed probation, such employee will be granted bereavement
leave upon request, up to a maximum of three {3) consecutive calendar days
following the date of death. If one or more of the three {3) days would have been
the employee's regularly scheduled day(s), the employee will only be paid his
regular pay for those hours during the leave which the employee otherwise would
have worked but for the leave of absence.
(b) Immediate Family for the purposes of article 17.02 above shall mean the
employee's spouse, children, mother, father, sisters, and brothers.
(c) In the event of a death of an employee's mother-in-law, father-in-law, brother-in
law, sister-in-law, grandparent, grandchild, or step child, the employee will be
granted a bereavement leave upon request of no more than one calendar day in
order to attend the funeral of such family member. If the day of the leave would
have been the employee's regularly scheduled day, the employee will only be paid
his regular pay for those hours during the day of the leave which he otherwise
would have worked but for the leave that has been granted to attend the funeral.
(d) It is understood that family members who are referred to in article 17.02 (b) and (c)
above, do not include family members who are divorced or the family members of
a divorced spouse.
(a) Jury Duty: An employee, when called for jury duty or subpoenaed as a witness for
the Company on a regular scheduled work day will notify the Employer
immediately. He shall be granted time off and compensated for the difference
between his normal earnings and the payment received for jury duty or, for being
so subpoenaed. This will be effected by the employee signing over his jury fees or
subpoena conduct money to the Employer, and the Employer will pay the
difference between such proceeds and the employees regular wage payments.
Such payment will only be made to employees who have completed the
probationary period. The employee will provide evidence that he reported for jury
duty or attended as a subpoenaed witness. The employee will come to work
during those regularly scheduled hours that he is not required to attend at court as
a juror or as a witness.
(b) An employee who is subpoenaed as a Crown Witness to give evidence in court on a
241 Page
regularly scheduled work day will notify the Employer of the dates and times when
the employee is required to be at court. In these circumstances, the employee will
be granted time off and will be compensated for the difference between his/her
normal earnings and the payment received from the Crown for the subpoena
(excluding transportation reimbursement) and, appearing as a Crown witness. This
arrangement will be effected by the employee signing over his/her subpoena
conduct money (not including transportation reimbursement) and/or court
attendance payment, and the Employer will pay the difference between such
proceeds and the employee's regular wage payments. Such payment will only be
made to employees who have successfully completed probation. The employee
will provide evidence that he/she attended court as a witness subpoenaed by the
Crown. The employee will come to work during those regularly scheduled hours
that he/she is not required to attend at court as a Crown witness.
17.04 Pregnancy and Parental Leave will be granted in accordance with the Employment
Standards Act of Ontario as amended, from time to time.
ARTICLE 18- EQUIPMENT
18.01 The Employer shall supply all machinery that is necessary for employees to carry out
their normal work assignments.
18.02 The Employer and the employees agree to work co-operatively and efficiently with one
another in order to ensure that all machinery and equipment is maintained in proper
working order and that all such machinery and equipment is operated properly,
efficiently, and safely in every respect. Upon termination of employment, employees
are responsible for returning all Company property that has been provided to them or,
that is or has been in their possession at any time.
18.03 Safety Shoes
It is understood that as a condition of continued employment and as a condition of
being permitted to report to work, employees must wear CSA approved safety footwear
at all times.
18.04 Employees who have completed probation will be reimbursed for safety shoes that they
purchase up to a maximum of forty- five dollars ($45.00) per calendar year. Effective
November 1, 2014, the reimbursement for safety shoes will increase to fifty dollars
25 I Page
($50.00) per calendar year. Effective November 1, 2015 the reimbursement for safety
shoes will increase to fifty-five dollars ($55.00) per calendar year. Proof of purchase
must always be provided to the Employer as a condition of reimbursement. Employees
who terminate their employment for any reason within six (G) months of receiving any
reimbursement for their most recent purchase of a pair of safety shoes, will have the full
amount of the reimbursement deducted from their final pay cheque. It is understood
that an employee who does not require reimbursement annually, may carry forward
his/her entitlement into the following year.
ARTICLE 19- TRAINING COURSES
19.01 The Employer may make training courses available to the employees as it deems
necessary.
19.02 Time in attendance at such courses shall be calculated as hours worked for
compensation purposes, but shall not be considered overtime. Enrolment in such
courses shall be on a mandatory basis.
19.03 Successful completion of such courses will take the form of attendance and participation
in classroom discussion.
19.04 The Employer may assist employees who wish to attend training programs at approved
institutions off the premises outside their working hours where the Employer considers
that such training directly relates to the employees' jobs within the unit, provided prior
written authorization has been obtained from the Employer. Such assistance may
include reimbursement for or contribution towards tuition after providing evidence of
successful completion of the program.
ARTICLE 20- NO CONTRACTING OUT
20.01 The Employer will not contract out work that has been normally and exclusively
performed by bargaining unit employees if as a direct result of such contracting out,
bargaining unit employees are laid off or suffer a permanent reduction of hours of work.
For greater clarity, it is understood that fabric which is purchased as double folded by
outside suppliers, will not constitute a form of contracting out and, that the Employer
will continue its practice of purchasing double folded fabric.
26 I Page
ARTICLE 21- WORKPLACE SAFETY AND INSURANCE ACT
21.01 The Employer will comply with the Workplace Safety and Insurance Act ("the WSIA") as
amended from time to time. In this regard, the Employer confirms that it will comply
with the following provisions in the Act for the term of this Agreement.
21.02 The Employer will pay for time lost on the day of an accident and provide transportation
to the nearest medical facility where an injury occurs at work.
21.03 Where an employee is absent due to illness or injury, which is compensable pursuant to
the WSIA, the following shall apply.
(a) The Employer shall continue to pay its share of any and all Health and Welfare
benefits for twelve (12) calendar months following the commencement of the
absence if the Employer was making contributions for such benefits at the time of
the employee's injury, and if the employee continues to pay his contributions to
the said benefits while the employee is absent;
(b) For a twelve (12) month period following the period referred to in (a) above,
benefit coverage may be continued by the Employee, provided the employee pays
the total cost of the premiums to the Employer for each monthly period during the
absence.
(c) An employee will not be eligible for paid holidays, sick leave, or any other benefits
of this agreement.
21.04 Employees will be eligible for re-employment as set out in the Workers' Safety and
Insurance Board Act.
ARTICLE 22- HEALTH & WELFARE BENEFITS
22.01 The Employer will not be responsible for contribution of its share of benefit premiums
or for any payment, and an employee will not be eligible for any benefit, in the event
that an employee is otherwise covered for any benefit.
22.02 The Employer will have the right to select the insurance carrier of its choice in respect of
any of the benefits provided herein. It is understood that the benefits referred to herein
will not be reduced by virtue of the Employer changing insurance carriers.
-27 I Page
22.03 Any coverage pursuant to any of the benefits provided herein, will be subject to the
terms and conditions of the insurance carrier's policy or policies, or the carrier's
contract with the Employer.
22.04 Effective following the date of ratification of this Agreement, the Employer will
contribute:
(a) Fifty percent (SO%) of the cost of premiums on all benefits referred to herein, after
an employee has completed one year of seniority.
(b) Eighty percent (80%) of the cost of premiums on all benefits referred to herein
after an employee has completed two years of seniority.
(c) One hundred percent (100%) of the cost of premiums on all benefits referred to
herein after an employee has completed three years of seniority.
22.05 It is understood that the benefits that are referred to in this Agreement are the current
long Term Disability Benefit, Extended Health Care Benefit, Dental Plan Benefit, and life
and AD&D benefit all of which have been provided to certain employees prior to the
date of ratification. Vision care plan (prescription eye glasses) for employees of the
Employer who have completed one (1) year of seniority, based on $100 every twenty
four (24) months of employment.
22.06 It shall be the responsibility of the employee to resolve any disputes concerning
payment of benefits under any insurance plan or policy, directly with the insurer.
ARTICLE 23 - BULLETIN BOARD
23.01 The Employer agrees that notices concerning Union information may be posted on a
bulletin board provided by the Employer at a location that is accessible for bargaining
unit employees. All such notices must be approved by proper officials of S.E.I.U. local 2
and must be submitted to the Employer for its review before being posted by either the
Union or a Union Steward. No change will be made to any such notice either by the
Union or by the Employer after it has been submitted to the Employer
ARTICLE 24- GENERAL
24.01 Medical Examinations and Reports
28 I Page
The Employer will have the right to require the production of a physician's medical
report from an employee who is ill or injured or from an employee who has been ill or
injured, or from an employee who wishes to return to work following an illness or injury.
The report will include the physician's opinion as to when or whether the employee will
be capable of resuming his normal duties and whether the employee will be capable of
regularly attending at work in the future.
The cost of such report will be paid for by the Employer if requested by the Employer. It
is understood that such reports do not include medical certificates such as those that
are referred to in Article 15.02 or as otherwise required from time to time by the
Employer. It is also understood that in the event that information provided by a
physician or by an employee (as the case may be), is not satisfactory to the Employer,
the employee will be advised within three (3) days of receipt of the report.
24.02 The Employer will have the right to require an employee to undergo an examination by a
physician that is selected by the Employer at the Employer's expense.
24.03 Pyramiding :In no event shall there be any pyramiding of benefits or payments under
this Agreement.
24.04 Interpretation :Where the masculine or feminine pronoun is used in this Agreement, it
will mean and include the opposite pronoun where the context so applies. Where the
singular is used, it may also be deemed to mean the plural within the appropriate
context.
24.05 The terms 1/regular pay", "straight time pay" and "regular rate of pay" when used in this
Agreement, will mean the amounts indicated in the wage classification for employees as
hourly earnings only.
24.06 Casual and Temporary Employees: The Employer will have the right to hire casual
and/or temporary employees from time to time as it has done prior to the date of this
Agreement. It is understood that such employees will be hired to perform work that is
expected to be for a predetermined period of time or task, or of a seasonal nature, or
where the work that they will perform is 'project-like'. Such employees will not accrue
or retain seniority and will not be eligible for any benefits under the terms of this
Agreement. It is understood that these employees are hired on an 'as needed and when
needed' basis as determined by the Employer. It is also understood that such
employees will not be hired for the purposes of displacing seniority employees or for
29 I Page
the purposes of reducing the hours of work of seniority employees. If possible, the
Union will be advised of the length of any temporary assignment that is expected to be
of a more protracted duration.
24.07 Reasons for Demotions, Transfers, Reclassifications: Any seniority employee who is
permanently demoted, transferred or re-classified will be provided with the reason in
writing.
ARTICLE 25- ATTENDANCE/PUNCTUALITY INCENTIVE BONUS
25.01
(a) Effective during the term of the Agreement the Employer will establish eligibility for
an "Attendance/Punctuality Incentive Bonus/Sick Leave Credit System" for
employees who have completed probation (hereinafter referred to as the "Credit
System").
(b) Employees who have completed probation will be eligible to qualify to participate
in the Credit System program on a bi-monthly basis commencing, after they have
completed probation.
(c) Eligibility for participation in the Credit System will be determined by the Employer
at the end of every bi-monthly period on the basis of the terms set out below. It is
understood that the bi-monthly periods during the term of the collective
agreement will be January 1 to February 28 ("P1)'', March 1 to April 30 ("P2"), May
1 to June 30 ("P3"), July 1 to August 31 ("P4"), September 1 to October 31 (P5),
November 1 to December 31 (P6).
(d) At the end of P1, 2005 and at the end of each subsequent bi-monthly period, an
eligible employee will qualify to receive one sick leave credit if they have worked all
of their normally scheduled hours in all of their scheduled shifts in the previous bi
monthly period and have also reported on time for all of their scheduled shifts in
the same bi-monthly period. It is understood that Employer authorized time off
from work for bereavement leave, jury duty leave, leave to attend Court under
Crown subpoena, religious holy days or a leave of absence due to an illness of three
(3) days or less during any of the bi-monthly periods referred to above which illness
is confirmed to the Employer by an acceptable physician's medical certificate, will
30 I Page
not be treated as an absence for the purpose of assessing eligibility to accumulate
a sick leave credit in a bi-monthly period. An unexpected employee's lateness for
which he cannot be faulted will also be exempted from counting as an absence (ie.
emergent situations such as public transit breakdown, snow storms, automobile
breakdown etc.) Also reflect that a scheduled appointment during working hours
which has been approved by the Employer will also be exempted from counting as
an absence.
(e) Subject to what is referred to above, an employee will be eligible to earn one sick
leave credit per bi-monthly period to a maximum of six sick leave credits in respect
of a calendar year. Sick leave credits can be used by an employee who is
legitimately ill, and which illness can be confirmed to the Employer by an
acceptable physician's medical certificate upon request from the Employer.
(f) In the event that an employee does not use any of the six (6) sick leave credits that
the employee may have successfully accumulated as at December 31st, the
Employer will pay the employee the amount that is equivalent to the six unused
and earned sick leave credits.
(g) In the event that an employee uses any of the said six (6) sick leave credits, such
employee will receive a payment that is equivalent to the unused sick leave credits
as of December 31st.
31 I Page
ARTICLE 26- DURATION
26.01 This Agreement shall continue in effect from November 1, 2012, until October 31, 2016,
and shall continue automatically for annual periods of one (1) year each, unless either
party notifies the other in writing, within the period of ninety (90) days next preceding
the expiration date of this agreement, that it desires to amend or terminate it.
ARTICLE 27- PRINTING OF AGREEMENT
27.01 The Union and the Employer will share the cost of printing this Agreement.
Signed this 5-/-4 day of ~tOe -e?rn foe,-2013 '""
SEIU Local 2
0·~
32 I Page
SCHEDULE "A"
WAGES 01-Nov-12 01-Jan-13
Department 1 (Driver)
Probation $11.00 $11.25
Start $11.40 $11.65
1 Year $12.30 $12.55
Department 1 (AZ Driver)
Probation $13.00 $13.25
Start $13.40 $13.65
1 Year $14.30 $14.55
01-Nov-14
$11.50
$11.90
$12.80
$13.50
$13.90
$14.80
Department 2 (Order Picker, Transfer, Manufacturing)
Probation $10.80 $11.05 $11.30
Start $11.15 $11.40 $11.65
1 Year $12.05 $12.30 $12.55
01-Nov-15
$11.75
$12.15
$13.05
$13.75
$14.15
$15.05
$11.55
$11.90
$12.80
Department 2 (Quality/Inspect) Sample Maker, Inventory Control, Maintenance
Probation $11.80 $12.05 $12.30 $12.55
Start $12.15 $12.40 $12.65 $12.90
1 Year $13.05 $13.30 $13.55 $13.80
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Department 3 Machine Operator, Automatic, Students, Packing, Shipper, Receiver
Loader, Stocker, Janitor, Assistant Sample Maker
Probation $10.50 $10.75 $11.00
Start $10.60 $10.85 $11.10
1 Year $11.05 $11.30 $11.55
SCHEDULE II A" Department 4- (Lead Hand)
$11.25
$11.35
$11.80
Add $1.50 to prescribed hourly rate for employees who are lead hands within
their department. (A lead hand must have completed probation before being
eligible for the lead hand hourly rate).
i) Red Circled Employees
Note: Employees who are currently employed and who are "red circled" who are receiving an amount that is greater than the prescribed wage o the grid and who continue to be employed during the term of the agreement will receive the following percentage wage increases: Nov. 1-12 $0.25 Jan . 1-13 $0.25 Nov. 1-14 $0.25 Nov. 1-15 $0.25 Retroactivity will be paid for all hours paid between November 1, 2012 and the date of implementation of the new rates of pay to all employees who were employed between November 1, 2012 and the date of ratification. A lump sum amount of $250.00 (less statutory deductions) will be paid to all
employees who were employed on the date of ratification and who continue
to be employed on November 1, 2015.
The lump sum will be paid to such employees on the first full pay period that
occurs immediately after November 1, 2015(a) All employees who are
newly hired will commence their employment at the Probation rate for
Department 3 and they will remain at the Department 3 rate unless otherwise
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promoted by the Employer into another job classification within a
Department.
(i) Wage Progression
(b) (i) If following the successful completion of the probation period, an
employee is promoted into a Job in Department 2, the employee
upon coming into Department 2, will receive the rate of pay that is
rounded up to the next highest rate in the classification in the
Department which comes closest to the employee's existing rate of
pay. The same system would be applied in the event that an
employee is promoted into a job in any other department.
(ii) If the employee is already at a rate which would result in the
employee not receiving any increase as a result of the method
described above, the employee will receive an increase in his/her
rate of pay of thirty five ($0.35) cents per hour from the date of
the promotion.
(ii) Benefit Booklets
Master Benefit Plan Books will be provided by the Company upon
ratification of the Collective Agreement.
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LETTER OF UNDERSTANDING- 1
BETWEEN:
Rose E. Dee (International) Ltd.
(hereinafter referred to as {(the Company .. or 11 the Employer .. )
- and -
S.E.I.U. LOCAL 2
(hereinafter referred to as 11 the Union 11)
1. The parties have had discussions during negotiations with respect to the
manner in which hours of work will generally be scheduled by the
Employer subject to the Employer's right to schedule hours of work and
overtime as required from time to time.
2. Without in any way amending any of the terms of the Collective Agreement, the Employer acknowledges that it intends to schedule hours of work for employees on the existing day shift as follows: (a) The hours of work from Monday to Friday will be between the hours
of 8:00 a.m. and 5:00 p.m. subject to the breaks provided for in the
Collective Agreement.
(b) The hours of work on Friday will be between the hours of 8:00 a.m.
and 3:00 p.m. subject to the breaks provided for in the Collective
Agreement.
Signed this
SEIU Local 2
() .Z: ~·
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LETTER OF UNDERSTANDING- 2 BETWEEN:
Rose E. Dee (International) Ltd.
(hereinafter referred to as 11 the Company .. or 11 the Employer .. )
- and -
S.E.I.U. Local 2
(hereinafter referred to as 11 the Union .. )
It is understood that effective following the date of ratification, a disciplinary notice that is imposed on an employee will be removed from an employee's personnel file twenty-four (24) months after it was originally issued, provided that there has been no further disci pi i ne issued to the employee within the said twenty-four (24) month period following the imposition of the discipline. It is understood that this Letter of Understanding will not apply to discipline of any kind that is imposed for fighting or otherwise endangering the health and well being, safety of person, or, for engaging in any form of harassment towards any other employee or visitor in the workplace.
Signed this
SEIU Local 2
Q . .g'
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LETTER OF UNDERSTANDING - 3 BETWEEN:
Rose E. Dee (International) Ltd.
(hereinafter referred to as uthe Company" or "the Employer")
- and -
S.E.I.U., Local 2
(hereinafter referred to as "the Union")
Re: Vacation Scheduling
It is understood that seniority employees who are entitled to an annual vacation
of more than two weeks under Article 16 of the Collective Agreement, may be
permitted by the Company to take no more than one (1) additional week of their
accrued vacation entitlement during the peak months of June, July and August,
subject to the requirements of the Company during those months, and provided
that all employees who are entitled to an annual vacation of two (2) weeks only,
have had an opportunity to take their vacation during these peak months.
Signed this _2'~~ day of 22PL.P..cz:Z.6.PL_, 2013
SEIU Local 2
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LETTER OF UNDERSTANDING - 4 BETWEEN:
Rose E. Dee (International) Ltd .
(hereinafter referred to as "the Company .. or 11 the Employer .. )
- and -
S.E.I.U., Local 2
(hereinafter referred to as 11 the Union 11)
(i) Article 16.02 - Vacation Pay
The parties agree that the practice of attaching vacation pay to vacation periods
is desirable and shall continue. Employees booking vacation with pay need to
give written notice within four (4) calendar weeks before the vacation or within
16.03.
As to Article 16.02, the parties agree that in each year of the contract the
company shall post in September "A Vacation Payout Request Sheet 11•
An employee requesting Vacation Payout, on the September request form shall be paid such amounts as requested that are owing, by December 15 of that calendar year. All other vacation pay no pre-booked to vacation periods shall be paid out on the pay period that includes June 30th. It is understood by the parties that "Emergencies~~ will be considered by the
company for Vacation Payout as per Article 16.02, and shall not be unreasonably
withheld.
nternational) Inc . SEIU Local 2
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LETTER OF UNDERSTANDING- 5
BETWEEN:
Rose E. Dee (International) Ltd.
(hereinafter referred to as "the Company" or "the Employer")
- and -
S.E.I.U., Local 2
(hereinafter referred to as 11 the Union .. )
(b) Shift Premiums
The parties agree that the following shall be the practice for 11 Shift premiums" for bargaining unit employees scheduled for shifts other than the "day shift" of Monday to Friday days or any normally scheduled day shift. A shift premium of One Dollar ($1.00) per hour shall be paid for hours worked on any other shift other than the 8:00 a.m. to 5:30 p.m. day shift or any normally scheduled day shift. Shift premiums shall not be included in the calculation of an employee's
overtime rate.
Signed this
Rose E. De SEIU Local 2
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LETTER OF UNDERSTANDING- 6
BETWEEN:
Rose E. Dee (International) Ltd .
(hereinafter referred to as "the Company" or "the Employer")
- and -
S.E.I.U., Local 2
(hereinafter referred to as "the Union")
Departmental Seniority
The parties agree to the following practices for job vacancies:
When there is a vacancy within a job classification as listed in Schedule "A" the following procedure shall be used before posting within the plant.
When there is a vacancy within a job classification in a department, the Supervisor
shall ask each member of that job classification, in order of their seniority,
whether they want to fill the assignment(s) within the job classification. The
Supervisor shall record their responses.
The Supervisor shall stop the process when a member signifies they want the
assignment(s) within the classification. The same process shall take place for any
vacancy created by that acceptance.
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A copy of the list and responses shall be given to the Chief Steward. The remaining
job(s) classifications within the Department shall be given preference for the
vacancy before posting the vacancy within the plant, as per Article 12.01.
Failing an application(s) from within the same department as the vacancy, the
position shall be opened to bargaining unit seniority wide.
Thereafter the Employer may fill as per Article 12.01 (d) third paragraph.
Signed this 57~ day of Z::::::Pc .P/"?'?bPr, 2013
Rose E. Dee (I national) Inc. SEIU Local 2
-
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LETTER OF UNDERSTANDING -7
BETWEEN:
Rose E. Dee (International) Ltd.
(hereinafter referred to as 11 the Company" or "the Employer")
- and -
S.E.I.U., Local 2
(hereinafter referred to as "the Union")
1. The parties acknowledge that prior to the date of this Letter of Understanding and prior to
ratification of the renewal agreement, the Employer has consistenly reduced hours of work
within the bargaining unit during slow business periods by applying an across the board
uniform reduction in hours of work for bargaining unit employees. During the term of this
collective agreement the Employer will agree that it will continue to have the right to apply
the same process except that the process (if the Employer determines to apply it) will be
modified as follows:
(a) the process will only be applied during the period Aprill to June 30th of each year, and
during the period October 1 to November 30th of each year (11 the Time Periods").
(b) the process will only be applied during the Time Periods to the extent of a 2.5 hour per
week uniform reduction of hours of bargaining unit employees.
(c) the Employer is entitled to lay off employees in accordance with the Collective
Agreement to the extent that the Employer determines that further reductions in
hours are necessary over and above a uniform reduction hours, during either of the
two Time Periods referred to above . It is understood that this Leter of Understanding
does not in any way limit the ability of the Employer to lay-off employees as set out in
the Collective Agreement during the Time Periods nor, at any other time.
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2. In the event that employees are laid off by the Employer during either of the two Time
Periods refered to above, and an employee who is being laid off bumps another employee
in another classification that has a wage rate that is lower than the employee's own
classification from which he is being laid off as set out in the collective agreement, the
Employer will agree to maintain the laid off employee's own wage rate for the period of
the lay-off, or until the end of one of the two time periods during which the lay-off
occurred, whichever occurs first.
3. Before the Employer imposes a lay-off of employees during either of the two Time Periods,
the Employer will determine if there are employees in the bargaining unit who wish to
volunteer to be laid off.
4. In the event that the Employer determines that it is necessary to reduce hours of work
during either of the two Time Periods, the Employer will contact the Union before it
exercises its right to impose a unilateral reduction in the hours of work as set out above so
as to discuss whether it is possible to achieve the Employer's objectives through normal
layoff protocols prior to imposing a uniform reduction in hours.
Signed this 7~4 day of Z?Pr:: e~6~r- I 2013
SEIU Local 2
0~
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