2010 - 2013 COLLECTIVE AGREEMENT BETWEEN FISHER & LUDLOW - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504

I N D E X Article Page

1 Intent & Purpose .......................................................................................... 3 2 Recognition .................................................................................................. 4 3 Discrimination .............................................................................................. 4 4 Union Security.............................................................................................. 5 5 Management Rights..................................................................................... 6 6 Union Representation .................................................................................. 7 7 Seniority ....................................................................................................... 10 8 Job Posting .................................................................................................. 15 9 Temporary Transfers ................................................................................... 17 10 Grievance Procedure ................................................................................... 18 11 Leave of Absence ........................................................................................ 27 12 Bereavement Pay ........................................................................................ 30 13 Jury Duty...................................................................................................... 31 14 Bulletin Boards............................................................................................. 32 15 Safety and Health ........................................................................................ 32 16 Pay on the Day of Injury............................................................................... 36 17 No Strikes or Lockouts................................................................................. 36 17.1 Harassment in the Workplace ...................................................................... 37 18 Reporting Allowance .................................................................................... 38 19 Information................................................................................................... 39 20 Hours of Work .............................................................................................. 41 21 Benefits ........................................................................................................ 42 22 Designated Holidays .................................................................................... 46 23 Vacations ..................................................................................................... 48 24 Clothing Allowance ...................................................................................... 51 25 Pension Plan................................................................................................ 52

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Article Page

26 Wages.......................................................................................................... 53 27 Paid Education Leave .................................................................................. 54 28 Skilled Trades .............................................................................................. 54 29 Duration ....................................................................................................... 56 Schedule "A" ............................................................................................................ 57

Letters of Understanding:

Re: Article 8...................................................................................................59 Re: Students - Article 2.01.............................................................................60 Re: Vacation Scheduling -- Article 23.03 (4), (5), (7), (8)...............................63 Re: Shunt Truck.............................................................................................65 Re: Lunchroom..............................................................................................66 Re: 10-Hour Shifts .........................................................................................67 Re: Maintenance ...........................................................................................69 Re: Severance Upon Closure........................................................................70 Re: Annual Inventory .....................................................................................71 Re: Retiring Allowance...................................................................................72

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THIS AGREEMENT ENTERED INTO AS OF THIS 1st DAY OF DECEMBER 2010. B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART ARTICLE 1 - INTENT & PURPOSE

1.01 The general purpose of this Agreement is to establish collective bargaining

relations between the Company and the Union, to continue the cooperation and spirit of

goodwill between the Union, the Company and its employees, to ensure efficiency and

economy of operation, to provide machinery for the prompt disposition of grievances arising

under this Agreement, and to set forth negotiated conditions of employment for all

employees who are subject to the provisions of this Agreement.

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ARTICLE 2 - RECOGNITION

2.01 The Company recognizes the Union as the exclusive bargaining agency with

respect to the specific provisions of this Agreement for all of the Company's employees at its

plant, located at Appleby Line, Burlington, Ontario, save and except forepersons, persons

above the rank of foreperson, office and clerical staff.

2.02 If the Company transfers any existing bargaining unit work to another

Company facility in the regions of Halton or Hamilton-Wentworth and where such transfer

would result in the layoff of qualified seniority employees, the Union would be recognized by

the Company and the terms of this Agreement applied to that alternate Company facility.

ARTICLE 3 - DISCRIMINATION

3.01 The Company agrees that there will be no discrimination, interference,

restraint or coercion exercised or practiced by the Company or by any of its representatives,

with respect to any employee because of his/her membership in the Union. The Union

agrees that there will be no intimidation, interference, restraint or coercion exercised or

practiced upon employees of the Company by any of its members or representatives.

3.02 The Company and the Union agree that there shall be no discrimination,

interference, restriction or coercion exercised or practised with respect to any employee by

reason of age, marital status, sex, race, creed, colour, national origin, political or

religious affiliations, disability, sexual orientation nor by reason of Union membership or

legitimate activity. The Letter of Understanding “Harassment in the Workplace” is

incorporated by reference into the terms of this Collective Agreement.

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ARTICLE 4 - UNION SECURITY

4.01 Each employee shall, as a condition of employment, prior to the

commencement of employment, execute an Authorization to Deduct Union Dues Form.

4.02 The Company agrees that, pursuant to such authorization, it shall deduct

Union dues, in the amount indicated by the appropriately authorized Union representative

from each pay cheque.

4.03 The Company agrees that, where an employee voluntarily signs a Union

Membership Card authorizing the deduction of an initiation fee, the fee will be deducted from

the employee's pay next following the signing of the Authorization.

4.04 In making the aforesaid dues and/or initiation fee deductions, the Company

shall be entitled to rely on the Authorization Forms. The Union agrees to save the Company

harmless from all costs, applications and charges arising out of the alleged improper

deduction of Union dues and/or initiation fees.

4.05 The Company shall remit all dues and initiation fees deducted to the Local

504 Financial Secretary by the 15th day of the calendar month following the month during

which deductions were made. The Company will also supply a list of the names of those

from whom deductions were made with the amount of each deduction; the list will also

include those members who did not have Union dues deducted and the reason why no

deduction took place.

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ARTICLE 5 - MANAGEMENT RIGHTS

5.01 Except as, and to the extent specifically modified by this Agreement, all rights

and prerogatives of Management are retained by the Company. Without limiting the

generality of the foregoing, the Company's rights include:

(a) the right: to maintain order, discipline and efficiency; to make and enforce, rules

and regulations, policies and practices; to discipline and discharge employees for

just cause, subject to the right of seniority employees to grieve such discipline or

discharge;

(b) the right: to select, hire and control the working force and employees; to transfer,

assign, promote, demote, classify, layoff, recall, suspend for just cause and retire

employees, such will not be exercised in an arbitrary or discriminatory manner and

will be subject to the provisions of this Agreement and the grievance procedure

herein; to plan, direct and control operations;

(c) the right: to operate and manage the enterprise in order to satisfy its commitments

and responsibilities, the right to determine the location of operations and their

expansion or curtailment, the direction of the working forces, the scheduling of

operations and production, the subcontracting of work, the number of shifts, the

methods, processes and means of production, job content, reasonable quality and

quantity standards, the right to use improved methods, machinery and equipment,

the right to decide on the number of employees needed by the Company at any

time, the number of hours to be worked (subject to the provisions of Article 20.05,

herein), starting and quitting times; and generally, the right to manage the

enterprise and its business without interference are solely and exclusively the right

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of the Company; and

(d) the sole and exclusive jurisdiction over all operations, buildings, machinery and

equipment shall be vested in the Company.

The above management rights will not be exercised in a manner contrary to the specific

provisions of this Collective Agreement.

5.02 No qualified seniority employee shall be laid off as a direct result of the

subcontracting of work currently performed by the bargaining unit.

5.03 No qualified seniority employee shall be laid off as a direct result of a

supervisory person performing work currently performed by the bargaining unit. Supervisors

and other non-bargaining unit employees may, from time to time, assist and instruct

bargaining unit employees in their work, provided bargaining unit employees are not

available to perform the work in question. The Company agrees that in recognition of the

above they will exhaust all reasonable efforts to have the work in question performed by

bargaining unit employees.

ARTICLE 6 - UNION REPRESENTATION

6.01 The Company acknowledges the right of the Union to appoint or otherwise

elect a Negotiation Committee of not more than three (3) seniority employees and will

recognize and deal with said Committee in the matter of negotiations for a renewal of or a

modification of this Collective Agreement at the times stipulated by law and any Clauses

herein as well as any negotiations to effect an amendment to the existing Collective

Agreement during the term of this Agreement.

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The Chairperson of the Committee shall be assigned to the day shift when it is

reasonably possible to do so based on the employee’s skill and ability and taking into

consideration production and shift work requirements.

The Company will provide a file cabinet for the sole use of the Committee and will

further provide reasonable access to a telephone, computer (enabled to send and receive e-

mail) and office when requested by a member of the Committee. The Union Committee shall

have access to the Expanded Metal Building office to store its filing cabinet as well as make

use of the telephone and computer in the office for necessary union business. The Company

shall place a lock on the door of the Expanded Metal Building office. The unit chairperson

and one specifically designated Committeeperson will be issued a key to the Expanded

Metal Building office.

6.02 The Company recognizes the right of the Union to appoint or otherwise elect

four (4) stewards, one (1) of whom shall be the Committeeperson, for the purposes of

assisting employees in the presentation of grievances and for seeing that this Collective

Agreement is faithfully carried out by both parties. It is understood that no one (1) employee

will be eligible to serve as a steward until he/she has attained seniority. The Union shall have

the right to appoint an additional steward to represent the afternoon shift when none of the

regular four (4) stewards are working on afternoons. Such steward shall be recognized only

when the Company is so notified in writing and, further, such steward shall be subject to the

provisions herein described in Article 6. It is further understood that such steward shall enjoy

no preferential seniority.

6.03 Each of the aforesaid stewards and Unit Chairperson shall be a member of

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the Union Grievance Committee. The applicable steward, the Committeeperson and/or the

Unit Chairperson shall be allowed to participate in the grievance procedure and arbitration

provisions of this Collective Agreement as specified herein in Article 9.

6.04 The Union acknowledges that stewards as well as other members of the

Union Committee and Union Officers have the same duty to produce to the Company's

quality and quantity standards as other employees of the bargaining unit and will continue to

perform their regular duties on behalf of the Company and that such persons will not leave

their regular duties without obtaining permission from their foreperson or immediate

supervisor (which permission will not unreasonably be withheld). When resuming their

regular duties after being engaged in duties on behalf of the Union, they will report to their

foreperson or supervisor and will give any reasonable explanation that may be required with

respect to their absence.

6.05 It is clearly understood that stewards and other Union Officers will not absent

themselves from their regular duties unreasonably in order to deal with the grievance of

employees, and that in accordance with this understanding the Company will compensate

such employees for time spent in dealing with employees' grievances, at their regular rates

of pay. Compensation will not be allowed for time spent outside of the employees' working

hours.

6.06 Either the Unit Chairperson or the Committeeperson shall be allowed a

reasonable period during working hours for the purpose of informing new employees of the

existence of the Collective Bargaining Agreement and its terms. Such discussion shall take

place as soon as reasonably possible after the hiring of such employee.

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6.07 When the Company is communicating a return-to-work plan to an employee

with medical restrictions, the employee has the right to have a member of the Union

Committee present at the meeting.

ARTICLE 7 - SENIORITY

7.01 An employee shall be considered a probationary employee until he/she has

worked forty-five (45) days with the Company. During such probationary period he/she will

have no seniority rights but once seniority is acquired it will be regarded as having started

from the day upon which such probationary period commenced. The termination of a

probationary employee shall be considered for just cause unless the termination is contrary

to the provisions of the Ontario Human Rights Code or if the termination is arbitrary,

discriminatory or in bad faith.

7.02 The Company will furnish the Union with a seniority list. Such list shall show

the employee's seniority and current classification. The seniority list shall be revised once

every four (4) months (December, April, August) and a copy supplied to the Union office, the

Unit Chairperson and the Committeeperson. The updated seniority list shall be posted on

plant bulletin boards at the same time that a copy is forwarded to the Union office.

7.03 In the event of a layoff or recall from layoff, all probationary employees and/or

students shall be laid off before any employees with seniority are laid off and in laying off or

recalling employees, seniority shall be the governing factor subject to the retained or recalled

employee having the skill and qualifications to meet the normal quality and quantity

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standards of the job and being willing to perform the work which is available.

7.04 In the event of layoffs, the Committeeperson and Unit Chairperson (provided

they have a minimum one (1) year's service) will have preferential seniority subject to their

having the qualifications and willingness to perform the work assigned by the Company.

7.05 In case of layoffs, anticipated to be in excess of five (5) continuous working days,

the Company shall give to seniority employees to be laid off, seven (7) working days' notice

of layoff or seven (7) days' pay at the employee's normal rate of pay or any combination

thereof. If practicable, the Company will give as much additional notice as possible. These

provisions are in addition to, and do not replace, the provisions of the Employment

Standards Act. The foregoing notice and/or pay provisions do not apply where the layoff is

due to strikes, fires, storms, floods, power failure or equipment breakdown, over which the

Company has no control.

Upon receiving such notice of layoff, the seniority employee shall be eligible for the

first job commencing from the bottom of the seniority list held by an employee with less

seniority or for a vacancy on a training basis, where the Company has reasonable evidence

in its records or as furnished by the Union or the employee, either that the employee has

transferable skills which would enable him/her to meet the normal quality and quantity

standards of the work of such job within a maximum period of ten (10) working days, or that

having previously worked on such job (or on a job requiring similar skills) he/she could so

perform it to the normal quality and quantity standards within such period.

Should the employee upon being so transferred be unable to meet such

requirements during the maximum period of ten (10) working days, or should it become so

apparent in a lesser time than the ten (10) day period, he/she will be eligible for one further

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transfer to:

A vacancy or, if no vacancy is available, a job held by an employee with the least

seniority commencing from the bottom of the seniority list, which he/she can perform without

training. This further transfer shall be a final step before layoff out the door and is not

intended to restart the process set out in this Article 7.05 nor to start a new notice period.

Where such employee is successfully placed in a vacancy as a result of the

operation of this Article 7.05, the Union shall waive any right of it or any bargaining unit

employee to grieve the Company not filling the vacancy by posting as per Article 8.01.

7.06 The appointment or selection of employees for supervisory positions or for any

position not subject to the provisions of this Agreement is not covered by this Agreement but

if any employee on a seniority list is so transferred or appointed and later is transferred back

to a position which is governed by this Agreement, then he/she shall be accredited with

seniority based upon his/her total length of service with the Company from the date on which

he/she was last hired. After an employee has been transferred out of the bargaining unit for a

period in excess of nine (9) months, his/her seniority shall continue to be retained but shall

not continue to accumulate during the period he/she is outside the bargaining unit.

7.07 An employee shall lose all seniority and service rights if:

(a) an employee voluntarily quits;

(b) if the employee is discharged and is not reinstated through the process of the

grievance procedure and/or arbitration;

(c) if a laid-off employee fails to indicate to the Company within three (3) consecutive

working days after notification by registered mail to him/her at his/her address on

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the records of the Company requiring him/her to return to work, his/her intention to

work or if a laid-off employee fails to return to work within five (5) consecutive

working days after notification by registered mail to him/her at his/her address on

the records of the Company;

(d) if an employee with less than four (4) years' seniority is laid off for a continuous

period of twelve (12) months; or if an employee with four (4) years' seniority or

more is laid off for a continuous period of thirty-six (36) months. The parties agree

that this Article shall not be read in conjunction with the Employment Standards

Act, 2000, section 56(2)(c);

(e) if an employee fails to return to work immediately after the expiration of any leave

granted to him/her unless a satisfactory reason is given to Management in

advance;

(f) if he/she retires or is retired.

(g) if an employee is absent from work without calling in for three (3) consecutive working

days, unless the employee has a reasonable explanation for the failure to call in.

7.08 A person who is rehired after losing his/her seniority shall be a probationary

employee.

7.09 Sick Leave of Absence

An employee who, because of illness or injury requiring an absence from his/her

job for more than three (3) work days, upon furnishing evidence satisfactory to the Company

of such illness or injury, which may include examination by a Company-appointed physician,

at Company expense, be granted a sick leave. The employee shall furnish supplementary

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medical evidence of disability, from time to time, as required by the Company. Failure to

furnish such evidence of disability may result in the termination of the employee's

employment and seniority. Before any employee on sick leave may return to work, he/she

must present a doctor's certificate stating that he/she has recovered sufficiently, both

physically and mentally, to be able to return to his/her regular job classification or other

available work and perform such job in accordance with the Company's normal quality and

production standards. The Company reserves the right to have any employee examined by a

Company physician at its own expense in connection with a sick leave.

In recognition of the principles of the Ontario Human Rights Code and the

Employment Standards Act, the Company shall make reasonable efforts to accommodate

any limitations arising out of the employee's disability.

On a return to work to a modified work program, the affected employee shall have

the right to union representation at any meeting with management.

ARTICLE 8 - JOB POSTING

8.01 In filling permanent job vacancies within the Department or the plant as a whole,

and in cases of promotion, the following factors shall be considered:

(a) seniority;

(b) skill and qualifications to meet the normal requirements of the job;

(c) reliability.

Whereas between employees, the factors in (b) and (c) are equal in the judgment of the

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Company, which shall not be exercised in an arbitrary manner, subject to the grievance

procedure, factor (a) shall govern.

"Promotion", as used in this Agreement, shall be deemed to mean a permanent

transfer to a job carrying a higher rate of pay. Employees will be allowed to bid laterally or

downward provided that if such bid is successful, the employee must stay in the new position

for at least twelve (12) months before being eligible to bid for another vacancy.

The Company shall post notice of all permanent job vacancies above general

labour on the main bulletin board for a period of two (2) working days. Employees may make

written application for such job vacancies within such two (2) day period, it being understood

that the Company shall not be confined to the applicants in filling the vacancy unless such

applicants are qualified to perform the work. During the two (2) days of posting, the Company

may temporarily fill the job as it deems proper. Employees shall apply in writing for the

posted job. The name of the successful applicant as well as those of the unsuccessful

applicants shall be given to the Chief Committeeperson at the time of the filling of the job.

Vacant jobs shall be filled within twenty (20) calendar days of the end of the posting.

It is further understood that permanent job vacancies shall be defined as

vacancies lasting in excess of two (2) cumulative months within a six (6) month period.

In the event that a successful applicant does not make out on the new job within

ten (10) working days, he/she shall be returned to his/her immediately previous job, where

possible.

In selecting the employee, the Company will consider his/her previous experience

with the Company, or with any Company, and any technical or vocational training he/she

may have received. Evidence of experience or training must be filed with the Company by

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the employee.

The successful applicant's name shall be posted on the plant bulletin board. An

unsuccessful applicant shall be provided with a reason in writing, on the basis of the factors

set out in this Article as to why he/she did not receive the posted position.

8.02 In assessing relative skill and qualifications where two (2) or more employees are

competing for a posted permanent vacancy, the Company shall not consider experience

gained on the job in question through temporary transfers provided, however; if the normal

requirements of the job in question requires specific skills and qualifications (not including

actual work experience in the job in question) which one applicant possesses, whether or not

acquired during a temporary transfer, and which the other applicant(s) do/does not possess,

the Company may take those factors into consideration in determining relative skills and

qualifications.

8.03 Any employee absent from work shall be notified of job postings during such

absence. Notification shall be made in the following manner. Up to two (2) attempts shall be

made over the first day of posting to reach the employee by telephone. If these two (2)

attempts are unsuccessful, a third attempt shall be made during the second day of posting to

reach the employee by telephone. If the employee has an answering machine or if any adult

takes a message for the employee, a message as to the posting left either on the answering

machine or with the adult shall be deemed satisfactory notification. The Company may rely

on the telephone number of the employee currently provided by the employee to the

Company; the Company will not be responsible for failure of a notice to reach the employee

by telephone when it uses the telephone number currently supplied by the employee. The

employee in question may apply for the posted position in the normal manner and within the

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normal time as if actually at work.

ARTICLE 9 - TEMPORARY TRANSFERS

9.01 An employee who is temporarily transferred to a higher rated job (a higher rated

job shall include a job whereby the rate is higher than the rate in the job from which the

employee is temporarily transferred) shall be paid the rate of the job to which he/she is

transferred. If the rate of the job to which an employee is transferred, other than as a result of

exercising his/her seniority during a layoff or at an employee's request, is less than the rate

of his/her regular job, he/she shall be paid the rate of his/her regular job during the period of

such temporary transfer. Where the transfer results from the exercise of seniority during

layoff or as a result of the employee's request, he/she shall be paid the rate of the job to

which he/she is transferred.

A temporary transfer shall be defined as a position lasting two (2) cumulative

months or less within a six (6) month period.

ARTICLE 10 - GRIEVANCE PROCEDURE

10.01 "Grievance" shall mean a complaint or claim concerning improper discipline or

discharge, or a dispute with reference to the interpretation, application, administration or

alleged violation of this Agreement.

If the Union has taken up a grievance on behalf of the employee with his/her

consent, the withdrawal of such consent shall not prevent the Union from processing the

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grievance under the grievance provisions hereof.

10.02 If an employee has a complaint, he/she shall first and immediately discuss the

matter with his/her foreperson. While presenting his/her complaint, the employee may be

assisted and accompanied by his/her steward if he/she so wishes. If his/her foreperson does

not satisfactorily answer the complaint within twenty-four (24) hours of its presentation (or a

mutually agreed-upon further period), the complaint may be committed to writing on the

Union's standard form and the following procedure shall then be invoked.

10.03 FIRST STAGE:

The employee may request permission of his/her foreperson to discuss and/or

prepare a grievance with his/her Department Steward. A written grievance, signed by the

employee or a representative member of the employees concerned, shall be submitted by

the Steward and/or the employee to the foreperson concerned. The foreperson will sign the

grievance and indicate the time and date received. The foreperson shall give his/her answer

in writing to the Department Steward and to the grievor(s) within four (4) working days of the

date on which he/she receives the grievance.

10.04 SECOND STAGE:

If a settlement is not reached under the first stage above, the grievance shall be

submitted to the foreperson's immediate supervisor by the Unit Chairperson or the

Committeeperson within five (5) working days from the date of the foreperson's answer

under Article 10.02. The supervisor shall sign and date the grievance.

10.05 The supervisor, or his/her appointee, will arrange a meeting within three (3)

working days of the date on which the grievance was submitted by the Unit Chairperson. The

supervisor, or his/her appointee, shall give an answer in writing within five (5) working days

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of such meeting. The supervisor, or his/her appointee, and the Unit Chairperson, or his/her

appointee, may agree to waive a meeting at this Second Stage.

10.06 THIRD STAGE:

In the event the grievance is not settled at the Second Stage, the Grievance

Committee shall present the grievance, in writing, to the General Manager, within three (3)

working days of receipt of the reply of the supervisor, but not thereafter. Within three (3)

working days of the presentation of the grievance, in writing, or such other time as may be

mutually agreed upon, the Grievance Committee shall meet with the General Manager to

discuss the grievance. The grievor may be required to be present at the request of either

party. A staff representative of the Union may be present if requested by either party. The

General Manager shall give his/her written reply to the Unit Chairperson with a copy to be

mailed to the staff representative within three (3) working days of such meeting.

10.07 During the Third Stage meeting as provided above, the Union, or the employee,

may be represented by a representative of the National Office of the Union, the President of

the Local Union, a maximum of two (2) members of the Union Grievance Panel who shall be

employees of the Company. The Company shall also have the right to have present any

officers, officials or agents of the Company.

10.08 The time limits set out in Articles 10.02, 10.03 and 10.04, shall be strictly

observed. Any grievance not filed within the time limits established by the provisions of this

Agreement shall be considered disposed of or settled. If the Company fails to comply with

the time limits established by the provisions of this Agreement, the Union may file the

grievance in the next succeeding stage. It is provided, however, that the parties may agree in

writing in respect to any grievance to extend and/or waive any of the time limits imposed on

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either of them.

10.09 The designation of the time limits and place involved in the discussions and

meetings and/or for the preparation of written grievances as provided in the foregoing

sections of this Article shall be subject to the direction of the foreperson or supervisor

concerned and shall be held during working hours on the day of the request or as soon as

practical thereafter.

10.10 The Company shall not be liable for retroactive payments prior to the date of filing

of a grievance hereunder.

10.11 The Union may file a grievance alleging violation, misinterpretation or non-

application of any provision of this Agreement. Such a grievance will be entered by the

President or Secretary of the Union Local, with the General Manager of the Company, or

his/her appointee who, within forty-eight (48) hours, will notify the Union at which stage the

grievance will be processed.

The Company may file a grievance alleging violation, misinterpretation or non-

application of any provision of this Agreement. Such a grievance will be entered by the

General Manager of the Company, or his/her appointee, with the President or Secretary of

the Union Local, who, within forty-eight (48) hours, will notify the Company at which stage

the grievance will be processed.

10.12 Any grievance, whether filed under Articles 10.03 or 10.11 must be filed within five

(5) working days from the time the circumstances upon which the grievance is based were

known or should have been known by the grievor.

10.13 Arbitration

Where a difference arises as to the interpretation, application or administration of

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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 of the parties may, after

exhausting the grievance procedure, notify the other party in writing of its desire to submit

the grievance to arbitration. This notification shall be provided within thirty (30) calendar

days of the date that the Union has received the Company’s response at the Third Stage,

unless the parties agree in writing to waive or extend the time limits. This time limit shall also

apply to a referral to a Grievance Commissioner under Article 10.22.

A grievance appealed to arbitration will be presented to the arbitrators hereinafter

set out who will act in rotation in order that their names appear. Only grievances relating to

the same violation or alleged violation of this Agreement may be grouped for such arbitration

hearing before the appropriate arbitrator. Submission of grievances to the arbitrators will be

determined in this order: by the date of the Employer's reply to the grievance at the Third

Stage of the grievance procedure or, where more than one grievance has been answered on

the same date, by the date the grievance was filed.

The following constitutes the list and rotation of the arbitrators:

Wes Rayner Ian A. Hunter Ross L. Kennedy Elaine Newman. If, in the regular rotation, an arbitrator is unable to specify a date for the arbitration

hearing, the parties may agree to request another arbitrator in rotation to provide such a

date.

In the event that none of the arbitrators listed above can hear the matter within a

mutually agreed period from the date of the request for a hearing date, the parties agree that

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the party having carriage of the grievance may request the Office of Arbitration of the

Ministry of Labour to appoint an arbitrator.

10.14 The decision of the arbitrator with respect to matters coming within the jurisdiction

of the arbitrator pursuant to the provisions of this Agreement shall be final and binding upon

the parties.

10.15 Such arbitrator shall have no jurisdiction to alter, change, amend or enlarge, the

terms of this Agreement nor to adjudicate any matter not specifically assigned to it by the

grievance and/or notice to arbitrate.

10.16 Expenses which may be incurred in connection with the arbitrator will be borne

equally by both parties to this Agreement.

10.17 Where applicable, a grievance, when posted for arbitration, shall state the Article

and sections of this Agreement which it has alleged have been breached.

10.18 A decision or settlement reached at any stage of the grievance procedure shall be

final and binding upon the parties hereto, including the complaining employee, and shall not

be subject to reopening by any party except by agreement in writing. If the grievance is

settled at any Step of the grievance procedure both by Company Management and the

Union representatives who pass on the same as provided herein shall, after ratification, sign

the settlement as endorsed upon the written grievance, so that no question or argument may

arise as to what the settlement was. Either party shall have the right to require attendance of

the grievor at any meeting held pursuant to the grievance procedure.

10.19 Discharge and Suspension Grievance

A claim by an employee that he/she has been suspended or discharged without

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just cause from his/her employment may be treated as a grievance and a written statement

of such grievance, signed by the employee, must be lodged by the Union or the employee

with the General Manager of the Company, or his/her appointee, within four (4) working days

immediately following the date of suspension or discharge, and the case shall be disposed of

within ten (10) working days in the case of a suspension and within six (6) working days in

the case of a discharge after the date of filing of the grievance, except where such case goes

to arbitration. Such grievance shall be deemed to commence at the Third Stage of the

grievance procedure as set out in Article 10.06 so that if a satisfactory resolution is not

attained, the next step shall be arbitration.

Except where more than two (2) employees from the same Department are

suspended or discharged, the employee, if he/she so requests, shall have the right to see

his/her Unit Chairperson or the Committeeperson prior to leaving the plant, at a time and

place designated by the Company, provided such representative is available at work at the

time the employee is directed to leave the plant.

The four (4) working day limitation referred to above will not apply if the suspended

or discharged employee is able to prove his/her inability to communicate with the Company

by reason of debilitating illness, in which case, the grievance shall be filed as soon as

reasonably possible.

10.20 Such suspension or discharge grievance may be settled:

(a) by confirming the management's action in suspending or dismissing the

employee, or

(b) by reinstating the employee with the full compensation for time lost, or

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(c) by any other arrangement which is just and equitable in the opinion of the parties

or an arbitrator.

10.21 Administration of Discipline

A Union representative will be present during all warnings regarding disciplinary

actions. When an employee is called to an interview by a member of supervision, and the

subject of the interview is discipline, the employee will be so informed before the interview

and will be advised to have his/her committeeperson present, and the interview will not

proceed until the committeeperson is present.

No written disciplinary action shall remain against an employee’s record for a

period longer than twenty-four (24) months. An exception to the above will be any situation

whereby the notice of discipline represents a recurrence of a similar nature within the twenty-

four (24) month period, in which case the prior notice will be retained in the records.

Discipline is defined as a written warning or greater to an employee. A copy must

be given to the committeeperson.

10.22 (a) Commissioner System: As an alternative to the regular arbitration procedure

provided for herein, the parties may agree, in writing, to refer a grievance for final and

binding arbitration to a Grievance Commissioner, selected from the following list in the order

in which their names appear:

Wes Rayner Ian A. Hunter Ross L. Kennedy Elaine Newman. In the absence of such mutual agreement, all grievances will be referred for final

- 25 -

and binding determination pursuant to the regular arbitration procedure set out in this

Agreement.

10.22 (b) Through the Grievance Commissioner, the parties desire an expeditious means for

the effective disposition of grievances which the parties have agreed may be handled in a

summary manner. The rules governing the summary proceedings of the Grievance

Commissioner are set out as follows:

i) The decision of the Grievance Commissioner shall be confined to the grievance

referred to him or her. Such decision must be consistent with the provisions of this

Agreement, and the Grievance Commissioner shall have no power to alter, modify

or amend any part of this Agreement;

ii) The decision of the Grievance Commissioner shall only apply to the case before

him or her and shall not constitute a precedent or be used by either party as a

precedent in any future cases. However, with respect to the case in question, the

Grievance Commissioner’s decision shall be final and binding upon the Company,

the Union and the employees represented by the Union;

iii) The Union and the Company shall each be responsible for one-half of any fees or

expenses charged by the Grievance Commissioner.

iv) The parties shall meet at least thirty (30) work days prior to the scheduled hearing

date set by the Grievance Commissioner in order to determine what facts can be

agreed upon. All such facts will be put together in joint Agreed Statement of Fact

by the parties. In addition, a Joint Statement of Evidence will be prepared by the

parties which will outline all facts and assertions that cannot be agreed upon that

- 26 -

each party considers relevant and intends to call evidence in respect of at the

hearing of the case. Both the Agreed Statement of Fact and the Statement of

Evidence will be signed by both the Company and the Union and will be provided

to the Grievance Commissioner at least ten (10) work days before the

commencement of the grievance hearing.

v) The purpose of the hearing is to clarify the issues or facts in dispute. At the

hearing, the parties may make such further representations or adduce such

evidence as the Grievance Commissioner may permit or require, but the

Grievance Commissioner shall not be obligated to conform to the rules of

evidence;

vi) The Grievance Commissioner shall be required to render his decision, in writing,

together with brief written reasons, within seven (7) work days of the conclusion of

the hearing or such longer period as may be mutually agreed to by the parties.

10.22 (c) It is understood and agreed that any grievance that is mutually agreed to be

referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or

the Union from that process and referred to arbitration pursuant to the regular arbitration

procedure contained in this Agreement, either before a decision has been rendered by the

Grievance Commissioner or at any time thereafter.

ARTICLE 11 - LEAVE OF ABSENCE

11.01 Requests for leave of absence must be made to the Plant Manager, and if granted,

such leave of absence will be confirmed in writing. A leave of absence, except as otherwise

- 27 -

provided herein, shall be permissive only, and shall be understood to mean an absence from

work requested in writing by the employee on the form provided for such purpose and

consented to in writing by the Plant Manager, covering a permitted period of time for

personal reasons. Leave of absence will not be granted to accept other employment of any

kind. Leave of absence shall be without pay or any other form of compensation. If leave of

absence is refused by the Plant Manager, written reasons shall be given to the applicant.

The Company agrees that requests for leave of absence shall not be unreasonably

withheld subject to the Company's ability to maintain efficient production. Further, leaves will

only be granted so that a maximum of six (6) consecutive weeks off work at any given time

will be allowed. It is understood that the aforesaid six (6) consecutive weeks maximum

should be inclusive of any vacation time taken in conjunction with a leave of absence. Leave

taken in conjunction with vacation time will not normally be granted more frequently than

every second (2nd) year.

11.02 In circumstances of an unusual nature, such as a major illness of a long duration in

the immediate family, a leave of absence may be granted for a period of up to but not

exceeding three (3) months.

11.03 The Company agrees to grant when requested by the Union to do so, leave of

absence without pay or any other form of compensation, to one (1) employee to serve the

Union on Union business. The Company must, however, be given at least three (3) months'

advance notice of such leave. Such leave of absence for Union employment is not to exceed

one (1) year at a time but may be renewed by mutual consent.

11.04 The Company agrees to grant leave of absence without pay or any other form of

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compensation to not more than two (2) employees at any one (1) time for the purposes of

attending on Union business. This leave of absence provision is subject to the requirement

that the absence of any employee so appointed shall not materially interfere with the

Company's normal production requirement. Such leaves of absence shall be restricted to two

(2) days' leave on three (3) occasions per year and five (5) days' leave on two (2) occasions

per year. In the case of such five (5) days' leave, the Company shall be notified as far in

advance as reasonably possible. It is understood that time required off for the preparation for

negotiations of a renewal of this Collective Agreement are not to be deemed to be leaves of

absence to be counted in the aforementioned periods of time. Such leave of absence is

subject to the requirement that the Company be advised at least one (1) week in advance of

the name of any employee requesting a leave and the specific duration of the leave

requested.

11.05 The following is intended only as a summary of the Employment Standards Act

provisions pertaining to Pregnancy and Parental Leave. In all cases of dispute, the

provisions of the Act will determine the outcome.

(a) An employee who is pregnant is entitled to leave for a period of up to seventeen

(17) weeks in accordance with the Employment Standards Act, 2000. The

employee must have been employed for at least thirteen (13) weeks to qualify for

such leave.

(b) The employee shall normally give the Company two (2) weeks' notice in writing of

the date she intends to commence the leave and shall provide the Company with

a certificate from a legally-qualified medical practitioner giving the estimated day

upon which delivery will occur in his/her opinion in the case of the pregnancy

- 29 -

leave.

(c) Where an employee intends to return to work sooner than (or later than) her

original date of return, she shall give the Company at least four (4) weeks' written

notice of such intention.

(d) An employee who has been employed for at least thirteen (13) weeks is entitled to

a parental leave of up to thirty-five (35) weeks beginning with the termination of

the maternity leave, or the leave resulting from coming into the custody, care and

control of a child for the first time in case of the mother. In the case of the other

parent who has been employed for at least thirteen (13) weeks, the parental leave

of up to thirty-seven (37) weeks must commence no more than fifty-two (52)

weeks after the day the child is born or comes into the custody, care and control of

the parent for the first time. The employee must give the Company at least two

weeks' written notice of his/her intent to commence such leave.

ARTICLE 12 - BEREAVEMENT LEAVE

12.01 In the event of a death in the immediate family of an employee, he/she shall be

granted up to five (5) consecutive days off work with pay at the date of death or the date of

funeral provided that such days would be days upon which he/she would normally be

scheduled for work. The immediate family of the employee shall be deemed to mean wife,

husband, children (including stepchildren), mother (including stepmother), father (including

stepfather). Four (4) consecutive days’ leave of absence with pay shall be granted in the

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event of the death of sister, brother, grandparent, grandchild, mother-in-law, father-in-law,

son-in-law, daughter-in-law of the employee. In the event of the death of an employee's

sister-in-law, brother-in-law or spouse's grandparent, two (2) consecutive days= leave of

absence with pay shall be granted.

The pay referred to in this Article 12.01 shall be the employee's normal straight-

time hourly rate of pay for the hours which he/she would otherwise normally be scheduled to

work on the days in question.

ARTICLE 13 - JURY DUTY

13.01 An employee with established seniority who is called to and reports for jury duty or

as a subpoenaed crown witness, who reports as a witness, shall be paid by the Company

the difference between the employee's base rate exclusive of premiums for the number of

hours up to eight (8) that he/she otherwise would have been scheduled to work and the

amount that he/she is paid for his/her jury duty. In order to be eligible for payment hereunder,

the following conditions must be met:

(a) the Company reserves the right to determine when an employee called for jury

duty or subpoenaed witness may be expected to report for work. He/she shall be

interviewed by the representative of the Company before his/her first call to be told

under what conditions he/she will be expected to report for work;

(b) employees will be required, if possible, to present to the Company evidence

signed by the Sheriff's Office of times called and released;

(c) give the Company notice within one (1) day of his/her receipt of his/her call for jury

duty.

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ARTICLE 14 - BULLETIN BOARDS

14.01 The Company will provide a locked bulletin board in the plant for the use of the

Union in posting notices of Union business or programs. All notices must be submitted to the

Production Supervisor or his/her authorized representative for approval before being posted.

14.02 Plant Visitation by Union Representatives

A representative of the Trade Union shall, upon the request of the Union and upon

the approval of the Company, be admitted to the plant by the Company during working

hours. It is understood that the Company's approval of such visits shall not be unreasonably

withheld. Such authorized representative of the Union may, at the option of the Company, be

accompanied by a representative of Management.

ARTICLE 15 - SAFETY AND HEALTH

15.01 The Employer and the Union shall maintain an Occupational Health and Safety

Committee consisting of two (2) members elected or appointed by the Union and two (2)

members appointed by the Employer. There shall be a Chairperson for the Union and a

Chairperson for the Employer who shall serve as Co-chairs.

15.02 This Article 15 should be read in conjunction with the Occupational Health and

Safety Act, 1990 and the “GUIDELINES FOR THE STRUCTURE AND FUNCTION OF THE

JOINT HEALTH AND SAFETY COMMITTEE AT FISHER & LUDLOW”. The general duties

of the Occupational Health and Safety Committee shall be to monitor compliance with the

provisions of the Occupational Health and Safety Act of Ontario, and

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(a) to make a monthly inspection of the plant or place of employment for the purpose

of determining hazardous conditions, to check unsafe practices and to receive

complaints and recommendations with respect to these matters;

(b) to investigate promptly all serious accidents and any unsafe conditions or

practices which may be reported to it. Such investigations shall include accidents

which might have caused injury to an employee whether or not such injury

occurred;

(c) to hold monthly safety meetings for the discussion of current accidents, their

causes, suggested means of preventing their recurrence, and reports of

investigations and inspections as well as other items deemed appropriate for Joint

Health and Safety Committee;

(d) Minutes are to be taken at all Committee meetings with copies distributed

promptly to all members of the Committee.

15.03 The Employer shall supply, at no cost to the employee (subject to Articles 24.01

and 24.02), all protective clothing and other devices deemed necessary by the provisions of

the Occupational Health and Safety Act or the Health and Safety Committee to protect

employees from injuries arising from their employment with the Employer. Items currently

provided will be continued.

15.04 Accident and Incident Investigations

(a) Every injury or near-miss which involved or would have involved a worker going to

a doctor or hospital must be investigated.

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(b) The Union co-chairperson or alternate shall be allowed to accompany government

health and safety inspectors on an inspection tour and to speak with the inspector

out of earshot of any other person. Such Union representatives shall first bring

concerns to management before reporting formally or informally to government

agencies or inspectors.

(c) The Employer shall give a copy of any replies to such reports or documents to the

Union co-chairperson and to the Committee.

(d) Incidents involving releases of hazardous substances to the air, earth or water

systems must be investigated.

15.05 Prior to being placed on a job, the Employer shall provide employees with proper

safety instruction and supervision in the operation of any equipment and/or the performance

of any function required by such employee's job.

15.06 (a) An employee may refuse to work or do particular work where the employee has

reason to believe that any equipment, machine, device or thing the employee is to use or

operate is likely to endanger such employee or another worker or that the physical condition

of the workplace or the particular part in which the employee works is likely to endanger the

employee.

15.06 (b) Upon refusing to work or do particular work, the employee shall promptly report the

circumstances of the refusal to the appropriate supervisor who shall investigate forthwith the

report in the presence of the employee and an employee health and safety representative; if

such representative is not available, then in the presence of a Union Committee person.

15.06 (c) Until the investigation is completed, the employee shall remain in a safe place near

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the work station.

15.06 (d) Pending the investigation, no alternate employee shall be assigned to use or

operate the equipment, machine, device or thing or to work in the part of the workplace being

investigated unless, in the presence of an employee health and safety representative, the

alternate employee has been advised of the other employee's refusal to work and the

reasons for the refusal to work.

15.06 (e) This sub-article is a summary of the rights and procedures for refusal of unsafe

work contained in the Occupational Health and Safety Act. The full rights and procedures

listed in the Act shall apply to such work refusals and are incorporated by reference in this

Collective Agreement.

15.07 The Employer shall provide the Occupational Health and Safety Committee with

information concerning the conducting of tests/monitoring in or around the plant for the

purpose of occupational health and safety and one of the Committee members designated

by the Union may be present to review testing/monitoring procedures. On completion of such

tests/monitoring, or periodically if the tests/monitoring are ongoing, the Occupational Health

and Safety Committee shall receive a copy of the tests/monitoring results.

15.08 The issue of safety training for employees shall be referred to the Occupational

Health and Safety Joint Committee with the Committee to make appropriate determination

within six (6) months of ratification of the Collective Agreement. The recommendations of the

Committee are to be the basis for implementation.

15.09 This Article 15.09 should be read in conjunction with the Occupational Health and

Safety Act, 1990.

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15.10 The parties agree to provide one (1) minute of silence at 11:00 a.m. on:

(a) Day of Mourning, April 28;

(b) David Bootland, December 12.

ARTICLE 16 - PAY ON THE DAY OF INJURY

16.01 An employee who is injured during working hours while properly performing his/her

duties of employment and who is sent home from work by the Company or by a physician

shall be paid for the time lost on the day he/she was injured at his/her regular straight-time

hourly rate exclusive of premiums for the unexpired portion of his/her scheduled work day.

ARTICLE 17 - NO STRIKES OR LOCKOUTS

17.01 The Union undertakes and agrees that while this Agreement is in operation neither

the Union nor any employee shall take part in or call or encourage any strike, picketing,

sitdown, slowdown, or any suspension of or stoppage of or interference with work or

production which shall in any way affect the operations of the Company, nor shall there be

any sympathy strikes, and the Company agrees that it will not engage in any lockout during

the term of this Agreement.

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ARTICLE 17.1 - HARASSMENT IN THE WORKPLACE

17.01 The Union and the Company recognize the problem of sexual and racial

harassment in contemporary society and are committed to ensuring that it does not occur in

our workplace. Harassment is not a joke. It is cruel and destructive behaviour against others

that can have devastating effects. It is an expression of perceived power and superiority by

the harasser(s) over another person, usually for reasons over which the victim has little or no

control: sex, race, age, creed, colour, marital status, sexual preference, disability, political or

religious affiliation or place of national origin.

Harassment on any of these grounds can be made the basis of a complaint to the

Ontario Human Rights Commission.

Harassment can be defined as any unwelcome action by any person, whether

verbal or physical, on a single or repeated basis, which humiliates, insults or degrades.

“Unwelcome” or “unwanted” in this context means any actions which the harasser

knows or ought to know are not desired by the victim of the harassment.

Sexual harassment is any unwanted attention of a sexual nature such as remarks

about appearance or personal life, offensive written or visual actions like graffiti or degrading

pictures, unwanted touching or patting, or sexual demands.

Racial harassment is any action, whether verbal or physical that expresses or

promotes racial hatred in the workplace such as racial slurs, written or visually offensive

actions, jokes or other unwanted comments or acts.

In any instance of harassment, the preferred first avenue of resolution is for the

victim of the harassment to deal directly with the harasser expressing that the harasser=s

- 37 -

actions or statements are unwelcome and/or unwanted. If resolution is not quickly and

genuinely attained, the victim should report the incident as soon as possible to his/her

supervisor. If the supervisor is the harasser, the victim should immediately bring the situation

to the attention of the person to whom the supervisor reports.

However, the experience of harassment can be overwhelming for the victim.

People often react with shock, humiliation and intense anger. Therefore, the victim of

harassment may not always feel comfortable going through the normal channels for

resolving such a problem.

Because of the sensitive, personal natures of sexual and racial harassment

complaints, the victim may prefer to seek Union assistance initially. In any event, whether the

victim of the harassment proceeds individually or with the assistance of his/her Union

representative, both the appropriate Company official and the appropriate Union official must

be advised of the harassment complaint as soon as reasonably possible.

The Company and the Union officials will meet to expedite the resolution of the

issue within ten (10) working days. Such resolution shall be handled as confidentially as

circumstances permit.

Any resolution of a racial or sexual harassment complaint must reflect the serious

nature of such acts and send a clear message that they will not be tolerated.

ARTICLE 18 - REPORTING ALLOWANCE

18.01 An employee who reports for work at his/her regular time on regular work day and

if on the day shift was not notified the previous day, or if on the night shift notified at least

four (4) hours prior to his/her starting time not to report to work, shall be provided with at

- 38 -

least four (4) hours of work at his/her current rate of pay or shall be paid four (4) hours' pay

in lieu thereof.

The foregoing will not apply in the event that strikes, stoppages in connection with

labour disputes, fires, storms, floods or power failures, or other conditions over which the

Company has no control, interfere with the work being provided.

An employee called in to do emergency work shall be paid a minimum of three (3)

hours at the current rate of pay or at the prevailing overtime rate, if overtime applies.

It is understood that employees who refused to perform reasonable alternate work

provided by the Company shall not be entitled to the reporting allowance herein provided.

ARTICLE 19 - INFORMATION

19.01 The Company will supply the Union with a list of the employees acting in a

supervisory capacity and will indicate by appropriate job titles the nature and extent of their

duties.

19.02 The Union will supply the Company with a list of employees who have been

elected or appointed Union representatives who may be called upon to perform any act in

connection with this Agreement and will indicate the nature and extent of their position.

19.03 In the event of recall after a layoff, the Committeeperson shall be given a list of all

employees who are to be recalled.

19.04 At the end of each month the Company shall provide the Union office with a

complete list of names, departments, dates, addresses and telephone numbers of all

employees who were laid off, discharged, hired, re-hired, transferred, left the employ of the

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Company voluntarily, changed job classifications, were on sick leave or Workers'

Compensation during the month.

19.05 The parties agree to share the cost of printing copies of this Collective Agreement

in booklet form for distribution by the Committeeperson or Unit Chairperson to the employees

in the plant.

Union Information for New Employees

The Company agrees to acquaint new employees with the fact that a Collective

Agreement is in effect and with the conditions of employment set out in the Articles dealing

with Union Security and Dues Check-off. A new employee shall be advised of the name and

location of his/her Union representative. Whenever the Union representative is employed in

the same work area as the new employee, the employee's immediate supervisor will

introduce him/her to his/her Union representative who will provide the employee with a copy

of the Collective Agreement. The Company agrees that a Union representative will be given

an opportunity to interview each new employee within regular working hours, without loss of

pay, for fifteen (15) minutes sometime during the first thirty (30) days of employment for the

purpose of acquainting the new employee with the benefits and duties of Union membership

and the employee's responsibilities and obligations to the Company and the Union.

19.06 The Union and Management shall meet on the third Wednesday of every second

month unless that day is a designated holiday, in which event the meeting shall take place

the following working day. Each party must supply the other party with a written agenda of

issues to be discussed at least five (5) working days before the meeting. Special meetings

may be mutually arranged where necessary.

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ARTICLE 20 - HOURS OF WORK

20.01 During the life of this Contract the work will be forty (40) hours per week comprised

of eight (8) hours per day, Monday through Friday, inclusive. It is agreed that the provisions

of this Article 20 are intended to provide the basis for calculating time worked and shall not

be a guarantee of daily or weekly hours.

20.02 Time worked in excess of eight (8) hours in a day, Monday through Friday, shall be

paid for at the rate of time and one-half (1½). Time and one-half (1½) shall be paid for hours

worked on a Saturday. Hours worked on a Sunday or on a holiday designated in Article 22

herein will be paid at the rate of double (2) the employee's regular hourly rate.

20.03 It is expressly agreed that there shall be no duplication or pyramiding of any

premium payment as provided under this Agreement.

20.04 Employees will be permitted a five (5) minute allowance for cleaning up before

quitting time.

20.05 If an employee agrees to work a minimum of two (2) hours' overtime immediately

following the completion of his/her regular eight (8) hours' shift, he/she will be permitted a ten

(10) minute allowance prior to the commencement of such work and a fifteen (15) minute

allowance will be permitted at the end of each two (2) hours of overtime the employee

agrees to work thereafter.

The parties recognize the need of the Company to schedule overtime from time to

time to meet customer demands. In view of this need and recognizing the principle that

- 41 -

overtime is voluntary, employees if requested shall not unreasonably decline to perform such

overtime work.

During each normal shift there shall be a fifteen (15) minute rest period in the first

half of the shift and a ten (10) minute rest period in the second half of the shift.

20.06 The Company shall make every effort to give employees reasonable notice in

advance when overtime is to be worked. Overtime work shall be divided as equally as

possible among employees in their respective job classification and departments. Scheduled

overtime work (including opportunities declined on Saturdays and Sundays) will be recorded

and posted in a conspicuous place such as the plant bulletin board.

20.07 Unless employees are notified twenty-four (24) hours in advance (in which case

there shall be no lunch allowance), a lunch allowance of six dollars and fifty cents ($6.50) will

be paid to any employee required to work over two (2) hours' overtime on a weekday.

ARTICLE 21 - BENEFITS

21.01 The Company agrees to pay, on behalf of employees having thirty (30) days'

service, one hundred per cent (100%) of the present premium cost of the following:

(a) Ontario Health Insurance Plan (O.H.I.P.).

(b) Effective following ratification,

Term Life Insurance -- $37,000.00

Effective December 1, 2011 -- $38,000.00

Effective December 1, 2012 -- $39,000.00

(Note: for all active employees, life insurance benefit levels decreased by 50% at age

65, and decrease to zero at age 70)

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(c) Effective following ratification,

Accidental Death & Dismemberment -- $37,000.00

Effective December 1, 2011 -- $38,000.00

Effective December 1, 2012 – $39,000.00

(Note: For all active employees, AD&D insurance benefit levels decrease by 50% at

age 65, and decrease to zero at age 70)

(d) Weekly Indemnity to be provided on the basis of 1-1-8-52 (including the first day if

treated at hospital by surgical procedure including out-patient/doctor’s clinic

surgery); with all 52 weeks of entitlement being paid at the rate of 66 2/3% of the

employee's basic salary up to the Unemployment Insurance Commission

maximum.

(e) Extended Health -- $10.00 single/$20.00 family deductible per calendar year; no

co-insurance.

• Remove current semi-private hospital room coverage subject to this proviso:

if in the future, the Province of Ontario delists semi-private/private hospital

care where medically required, the insurance plan will be amended to

provide for semi-private hospital care where medically required.

• Drug plan will be based on the substitution of brand name drugs with generic

drugs, unless prescription states “no substitution”. Reimbursement of

dispensing fee to be capped at $7.50 per prescription.

(f) the current O.D.A. Schedule (example: effective December, 2010 = 2009 O.D.A.

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Schedule, etc.) Basic Plan No. 7 Plus Rider No. 1 or equivalent. Root canal,

crowns and denture coverage -- 80% co-insurance -- forms part of $1,850.00

maximum per person per year of existing plan (effective December 1, 2011,

$1,900.00, effective December 1, 2012, $1,950.00). Insurance plan to use O.D.A.

code numbers as reference. Orthodontic coverage for dependents under 18 years

of age based on 50-50 co-pay and $1,550.00 life-time maximum (effective

December 1, 2011 -- $1,600.00 lifetime maximum; effective December 1, 2012 --

$1,650.00 lifetime maximum).

• Implement 9 month call-back on examinations and scaling and cleaning

procedures. 6 month call-back still in effect for dependents under 18 years of

age.

(g) Vision Care -- to provide for $180.00 coverage per person every two (2) years;

includes contact lenses and laser surgery. (Effective December 1, 2011 --

$190.00; Effective December 1, 2012 -- $200.00.) The Company will cover the

cost of eye examinations once every two (2) years to a maximum of sixty dollars

($60.00), with submission of a receipt.

The Company shall provide an up-to-date outlined brochure of all the above plans,

except O.H.I.P., to each employee.

(h) Paramedical Care -- $750 in any calendar year. Annual maximum to cover the services

of any of the following licensed practitioners: chiropodist, podiatrist, chiropractor,

masseur, naturopath, osteopath, speech therapist, physiotherapist, psychologist, or

acupuncturist.

Cash deductible of $10.00 per visit for the first 15 visits, in a calendar year, and nil

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thereafter during such calendar year.

21.02 Where an employee has a Workers' Compensation Board claim delayed by a

Company appeal or dispute to such claim, such employee shall be eligible for weekly

indemnity benefits pursuant to Article 21.01 (d) (provided he/she has at least thirty (30) days'

service) during such period that his/her claim is so delayed.

21.03 Employees who would otherwise be eligible for insurance coverage under this

Article 21 will have such insurance coverage continued during absence because of verifiable

sickness, accident or Workers' Compensation claim for the relevant time periods as set out

in Article 7.09 of this Collective Agreement.

The Company agrees to pay, on behalf of absent employees having thirty (30)

days' service, one hundred percent (100%) of the present premium cost of the insurance

plans listed in Article 21.01 (save and except for paragraph (d) therein) in the following

circumstances:

(i) employees absent due to sickness, accident or Workers' Compensation shall

continue to have premiums paid during the relevant periods set out in Article 7.09

of this Collective Agreement;

(ii) laid off employees shall continue to have premiums paid to the end of second

month following the month of layoff.

21.04 Current retirees to receive a one-time payment of $250.00 in recognition of

the ratification of the collective agreement.

ARTICLE 22 - DESIGNATED HOLIDAYS

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22.01 An employee having thirty (30) days' service will be paid for each of the holidays

listed hereinafter a sum equivalent to his/her regular straight-time hourly rate of pay

exclusive of premiums for the number of straight-time hours in the normal work day, provided

he/she complies with the qualifications hereinafter set forth. The designated holidays are:

New Year's Day Labour Day

Family Day Thanksgiving Day

Good Friday December 24

Victoria Day Christmas Day

Dominion Day Boxing Day

Civic Holiday Three (3) floating holidays

(It is understood that the floating holidays shall be observed during the Christmas - New

Year's period.)

Canada Day shall be observed on the following days:

• 2011 – Friday, July 1

• 2012 – Monday, July 2

• 2013 – Monday, July 1

22.02 In order to qualify for payment for any of the holidays designated in this Article

22.01, the employee must work the full scheduled shift on the day immediately prior to and

the full scheduled shift on the day immediately following the holiday unless:

(i) he/she is temporarily laid off for a period of twenty (20) working days or less;

or

(ii) he/she is absent for a period not exceeding twenty (20) working days as a

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result of sickness or accident, provided he/she furnishes the Company with

satisfactory proof of such sickness or accident. If the employee is receiving

Workers' Compensation or Weekly Indemnity for such holiday, the

Company's obligation shall be limited to making up the difference;

(iii) lateness of up to one (1) hour on either of the qualifying days; or

(iv) he/she is prevented from complying by reason of vacation.

22.03 When any of the designated holidays listed under Article 22.01 falls during an

employee's vacation period, and provided he/she would otherwise be entitled, the employee

shall be entitled to a lieu day off without loss in pay at a mutually agreeable time for each

designated holiday to which the employee would otherwise have been entitled.

22.04 An employee shall be paid at the rate of two (2) times his/her regular straight-time

rate of pay exclusive of premiums for each hour worked on a designated holiday, in addition

to the holiday pay to which he/she is entitled.

ARTICLE 23 - VACATIONS

23.01 Seniority employees shall be entitled to an annual vacation in accordance with the

following schedule on the basis of seniority as at June 30th in each year:

(a) less than one (1) year's seniority -- in accordance with the Employment Standards

Act;

(b) one (1) year of seniority but less than five (5) years of seniority as at June 30th --

two (2) weeks' vacation with four percent (4%) of wages earned in the vacation

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year;

(c) five (5) years of seniority but less than ten (10) years of seniority as at June 30th --

three (3) weeks' vacation with six percent (6%) of wages earned in the vacation

year;

(d) ten (10) years of seniority but less than eighteen (18) years of seniority as at June

30th -- four (4) weeks' vacation with eight percent (8%) of wages earned in the

vacation year;

(e) eighteen (18) years of seniority or more as at June 30th -- five (5) weeks' vacation

with ten-and-a-half percent (10.5%) of wages earned in the vacation year;

(f) twenty-eight (28) years of seniority or more as at June 30th -- six (6) weeks’

vacation with twelve-and-a-half percent (12.5%) of wages earned in the vacation

year; and

(g) employees who are in receipt of weekly indemnity or Workers' Compensation

benefits and who work a short vacation year as a result and who work a portion of

the current vacation year thereby entitling them to some vacation pay under the

terms of this Collective Agreement, will receive, as a minimum, vacation pay at

their appropriate percentage calculated as if they had worked a full vacation year

at normal base hours without overtime (i.e. forty (40) hour work week).

23.02 All vacations must be taken not later than March 31 of the calendar year

immediately following the year of vacation entitlement.

23.03 (1) Vacation Request Forms will be distributed by February 15th of each year.

23.03 (2) Completed forms are to be returned by March 30th of each year; failure to return

the completed forms on time will result in such employees having vacations assigned on the

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basis of availability after timely requests have been satisfied.

23.03 (3) Vacations shall be finalized by April 15th, subject to paragraph 6 below.

23.03 (4) In allocating vacations, normally a maximum of three (3) employees from each

department will be allowed off at any one time.

23.03 (5) In cases of more than three (3) employees per department choosing the same

vacation period, seniority shall be the determining factor. Where more than three (3)

employees choose the same vacation period, there shall be another selection process for

those who were not awarded the original vacation period requested and for any junior

employees who may be affected by those same employees selecting an alternate vacation.

23.03 (6) Employees who have not received their requested vacation shall be shown the

available vacation periods from which to select their vacation within one (1) week of April

15th.

23.03 (7) During July and August, Maintenance and Edger operators may take a maximum

of two (2) weeks’ vacation. During July and August, all other employees may take a

maximum of two (2) weeks' vacation unless time is still available after all requests have been

considered.

23.03 (8) For employees who are entitled to more than two (2) weeks' vacation, employees

may choose a third week of vacation from the time still available utilizing the principles of

three (3) employees per department and seniority as set out above. When employees' third

weeks have been so satisfied, the same principle shall apply for fourth weeks of vacation.

23.03 (9) The final selection of vacations as set out above shall be posted within one (1)

week of April 15th.

23.03(10) Current Vacation Payment System Clarification

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Employees receive vacation pay by separate cheque if they take vacation in full

week portions. If such employees take a partial week, they are paid pro rata vacation pay but

as part of their normal pay cheque and it is so noted on the pay stub.

Employees with less than one (1) year’s service receive pro rata vacation pay by

separate cheque which might result in less than one (1) week’s full pay at the time of taking

vacation because of their specific circumstances.

All employees may, on request, receive any vacation pay, not already paid out, in

July covering the 12-month period of the preceding July 1 to June 30 for vacation pay not

already received. In any event, employees who have not received all of their vacation pay

earned in the preceding July 1 to June 30 period, shall be paid the unpaid balance not later

than March 31 of the next calendar year.

ARTICLE 24 - CLOTHING ALLOWANCE

24.01 Effective in the first pay period of February of each calendar year, employees with

seniority as at that date shall be paid a boot allowance of one hundred and thirty-five dollars

($135.00). Seniority employees who are on temporary layoff as at February 1 in any calendar

year will receive such boot allowance immediately on being recalled and actually reporting

for work as a result of such recall.

For those entitled to inclement/outside clothing (Shippers, Janitor Dumping Bins,

Forklift Operators in Expanded Metal), in addition to the above boot allowance, the Company

will provide one (1) pair of winterized boots of a designated style from a designated source,

once during the term of the Collective Agreement.

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24.02 Effective in the first pay period of February of each calendar year, employees with

seniority as at that date shall be paid a clothing allowance of one hundred and sixty-five

dollars ($165.00) by separate cheque to purchase clothing appropriate for the job. Seniority

employees who are on temporary layoff as at February 1 in any calendar year will receive

such clothing allowance immediately on being recalled and actually reporting for work as a

result of such recall.

24.03 The Company agrees to provide all reasonable protective clothing, having regard

to the nature of the operation in question, and prevailing industrial norms and standards.

24.04 Those working outside (Shippers and Janitor Dumping Bins and Forklift Operators

in Expanded Metal), are provided with the following:

• winterized jackets

• rain gear

• safety sunglasses (non-prescription)

• winter hat liner

• one (1) pair of winter gloves per winter.

Coveralls shall be provided to maintenance employees.

ARTICLE 25 - PENSION PLAN

25.01 The existing non-contributory Pension Plan shall provide for pension payments

based upon thirty-eight dollars and twenty-five cents ($38.25) per month times years of

service with the Company for present employees, whether such service is before or after the

date of this Agreement. Effective December 1, 2012, the aforementioned thirty-eight dollars

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and twenty-five cents ($38.25) will be increased to thirty-eight dollars and forty-five cents

($38.45) per month times years of service with the Company for present employees, whether

such service is before or after the first day of December, 2012.

25.02 The present pension plan provisions for a reduced pension shall be amended to

provide for a pension reduced by 0.5% per month under the age of 65 to a minimum age of

60 provided that the applicant employee has at least ten (10) years' credited service.

Benefit coverage will be provided to those who retire between age 60 and 65 up to

the month of their 65th birthday. The coverage will be the same as the coverages outlined in

Article 21 with the following amendments:

• paid-up employee life insurance of $5,000 (no A.D.&D.);

• $25,000 lifetime (age 60 to age 65) drug coverage;

• no orthodontic coverage;

• no weekly indemnity coverage;

• no out-of-province coverage.

25.03 Each employee shall be provided with an up-to-date copy of the pension booklet.

25.04 The Company and the Union will undertake an analysis of the pension plan to

determine the possibility of transferring the existing pension to CWIPP. Such review will

begin no later than six (6) months following the date of ratification. The review will include a

full exchange of information relevant to the pension plan.

ARTICLE 26 - WAGES

26.01 The Company agrees to pay wages in accordance with the attached classifications

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and Wage Schedule "A".

26.02 The Company agrees to supply, on an employee's T4 slip for income tax

purposes, the Union dues payment for the taxation year provided that there is space on the

T4 slip for such information.

26.03 When the Company creates a new bargaining unit job, the Company will establish

the rate for the new job and will notify the Union of such new job, the rate, and the content

thereof prior to the posting of such job. If the Union disputes the rate, it shall file a grievance

in accordance with Article 10.12 hereof. If the dispute is not resolved and proceeds to

arbitration, the arbitrator in determining the dispute shall rank the new job and its rate in

relationship to the other jobs covered by this Collective Agreement. If the arbitrator

establishes a rate higher than established by the Company, such rate shall be retroactive to

the date an employee commenced working in such new classification.

ARTICLE 27 - PAID EDUCATION LEAVE

27.01 The Company agrees to pay into a special fund two cents (2⎜) per hour per

employee for all compensated hours (based on a forty (40) hour week) for the purpose of

providing paid education leave. Such leave will be for upgrading the employee skills in all

aspects of Trade Union functions. Such monies to be paid on a quarterly basis into a trust

fund established by the National Union, CAW, and sent by the Company to the following

address: CAW Paid Education Leave Program, CAW Family Education Centre, P.O. Box

897, Port Elgin, Ontario, N0H 2C0.

27.02 The Company further agrees that members of the bargaining unit, selected by the

Union to attend such courses, will be granted a leave of absence without pay for twenty (20)

days' class time, plus travel time where necessary, said leave of absence to be intermittent

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over a twelve (12) month period from the first day of leave. Employees on said leave of

absence will continue to accrue seniority and benefits during such leave.

ARTICLE 28 – SKILLED TRADES

28.01 Dues Deduction This will confirm that the Company agrees to deduct Canadian Skilled Trades

Council dues as may be adopted by the Canadian Skilled Trades Council, during the life of

the Collective Agreement.

The first deduction to be made from employees will be upon ratification of the

Collective Agreement, from those employees who have completed their probationary period

at that time. In future, deductions will be made in January of succeeding years, or upon

completion of one (1) month’s work in that calendar year. The Union will provide the

Company with the amount of the dues and the names of the employees from whom the dues

are to be deducted at least fourteen (14) calendar days before the date of the deduction.

28.02 Definition of Skilled Trade

This will confirm the understanding of the Parties regarding the qualifications

required to be considered for a position within the Skilled Trades at Fisher & Ludlow.

A journeyperson in any of the designated Skilled Trades shall mean any person

who:

(i) has served a bona fide apprenticeship for four (4) years (8000/9200 hours) and

possesses proof of such apprenticeship service, or

(ii) has eight (8) years practical and general experience covering all phases laid down in

the Apprenticeship Course applicable to the trade in which he/she claims

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journeyperson status and possesses ample proof of such experience.

In addition, entry into the Skilled Trades shall be reviewed by the Committee:

(i) who qualify as journeypersons under the provisions set forth in the immediately

preceding paragraphs, or

(ii) who qualify for journeyperson status through any apprenticeship program which may

be negotiated by the parties, or

(iii) who provide documents at date of hire proving their claim to journeyperson status

both to the Company and the Union Skilled Trades Committeeperson, or

(iv) who provide documents within fifteen (15) working days of being promoted from any

classification.

ARTICLE 29 - DURATION

29.01 This Agreement shall become effective on the 1st day of December, 2010 and

shall remain in full force and effect and shall not be re-openable save and except as

otherwise expressly provided, until the 30th day of November 2013, and shall continue

automatically thereafter during annual periods of one (1) year each, unless either party

notifies the other in writing as provided for in Article 29.02 of its desire to negotiate

amendments to this Agreement.

29.02 Notice that amendments are required shall only be given during the period of not

more than three (3) months and not less than one (1) month prior to the 30th day of

November 2013 or similar annual periods thereafter. If notice of desire to amend this

Agreement is given by either party in accordance with the foregoing, the other party agrees

to meet for the purpose of negotiations within fifteen (15) days of receipt of the notice of

desire or a mutually agreed upon alternative time.

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DATED AT BURLINGTON, ONTARIO THIS 1st DAY OF DECEMBER, 2010.

For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

_________________________________

SCHEDULE “A”

JOB CLASS EFFECTIVE

DEC. 1, 2010 EFFECTIVE DEC. 1, 2011

EFFECTIVE DEC. 1, 2012

Certified Electrician/Millwright 29.68 29.68 30.03 Certified Electrician 28.61 28.61 28.96 General Maintenance – Certified 27.20 27.20 27.55 General Maintenance 24.93 24.93 25.28 Double Bar Welding Machine Operator #1 24.65 24.65 25.00 Class 1: Burner-Welder Grip Span Operator #1 Single Bar Welding Operator Edging Line Operator #1 Expanded Metal Operator #1 24.32 24.32 24.67 Lead Shipper Lead Shipper/Yardperson 23.12 23.12 23.48 Class #2: Burner-Welder 22.85 22.85 23.20

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Grip Span Operator #2 Double Bar Welding Operator #2 Machine Setter & Operator #2 Machine Operator #3 (may bid to #2 positions) Class 3: Burner-Welder Saw Operator Serrator Operator 22.32 22.32 22.67 Lead Hand – Shipping 21.98 21.98 22.33 Machine Operator 21.51 21.51 21.86 Floor Crane Operator 21.08 21.08 21.43 Fork Lift Driver 20.94 20.94 21.29 General Labour 20.62

20.62 20.97

NOTES: All swing rates will be calculated to the nearest one-quarter (1/4) hour.

Afternoon shift premium $0.55 per hour (effective December 1, 2005 -- $0.60 per hour). Night shift premium $0.65 per hour (effective December 1, 2005 -- $0.70 per hour). New hires will receive 70% of the job rate for any classification held during the first year of employment, 80% during the second year of employment, and 90% during the third year of employment. The full rate for the employee’s classification will be paid after three years of employment. These percentages will apply to all classifications held during the first three years of employment. Double Bar Welding Machine Operator (#1 and #2): $0.30 premium while working with 1/4" or thicker bar. Safety Grating Brake $0.30 premium when forming “Walkway” material that is 12 gauge or heavier and is 12 feet in length.

Expanded Metal Operator #1, Double Bar Weld Machine Metal Operator #1, and Deck Span Operator #1 will receive a $0.20 per hour premium when working when there is no maintenance employee scheduled on shift. Expanded Metal Operator will be paid a premium of $0.30 an hour when working alone and producing grating size expanded metal.

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Premium for Aluminum Welding, Galvanized Welding and Stainless Steel Welding $1.00 per hour for hours actually engaged in welding.

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART Re: Article 8

The parties agree that the intent of Article 8 is that employees will normally be

considered only for positions involving a promotion from their current position. However, in

extenuating circumstances affecting an otherwise qualified employee, such as advancing

years or disability, the Company may waive the requirement that the job posted constitute a

promotion.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010. For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART Re: Students - Article 2.01

This will confirm the understanding between the parties for the duration of the

Collective Agreement dated December 1, 2010, although not forming a part thereof,

concerning students employed during the school vacation period.

Students will be subject to the provisions of the Collective Agreement referred to

above for the duration of the Collective Agreement referred to above, with the following

exceptions and conditional exceptions:

1. Article 7 - Seniority

2. Article 13 - Jury Duty

3. Article 21 - Benefits

Company to provide $2500 Life Insurance

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4. Article 23 - Vacations

As provided by the Employment Standards Act

5. Article 24 - Clothing Allowance

6. Article 25 - Pension Plan

7. Wages -- Students are to be paid seven percent (70%) of the job rate for the

classification in which they are working.

8. Students will be covered by all other provisions of the Collective Agreement

not specifically set out above.

Students will be employed for a maximum period of May 1 to September 30 in any

calendar year. This shall be deemed to constitute a definite term under the Employment

Standards Act so that they are not entitled to advance notice of termination within that

period. Upon termination within the May 1 - September 30 period, they shall have no recall

rights so that it shall be entirely within the Company's discretion whether to hire them in any

future vacation period.

If a person hired as a student pursuant to this letter later applies for full-time

employment and is accepted by the Company, such student's start date as a student will be

used as the start date for calculation of his full-time employment and any time worked as a

student will be credited to his probationary period per Article 7.01 on a one-for-one basis.

It is understood that such student becoming a full-time employee will not be able to

claim retroactively any benefits or terms of employment for the period preceding his full-time

employment.

Further, such student has no right to claim full-time employment or require the

Company to hire him as a full-time employee and such decision shall be solely and

exclusively in the Company's discretion.

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This letter is subject to the Company policy to allow employees to indicate a wish

to transfer temporarily to work to which students would be assigned. The Company would

post a list of the types of work that may be available to students on or before April 15 each

year. Employees who are interested would indicate their interest by April 22 of each year

and would be advised by the Company by May 1 whether their request was accepted. To be

accepted for this assignment, the employee shall not be eligible to take vacation during the

period of May 1 to September 30, unless the Company agrees otherwise after the

employee’s request has been accepted. Further, an employee who indicates a wish to

transfer temporarily to work to which students would be assigned is expressing his/her

willingness to perform any and all available tasks on any shift for the entire period of May 1

to September 30. After this process of selecting employees for temporary transfer has been

completed, the positions in question which are still open may be filled by students.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010.

For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

___________________________________

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LETTER OF UNDERSTANDING B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART

RE: VACATION SCHEDULING – ARTICLE 23.03 (4), (5), (7), (8)

The Company and the Union agree that there are problems of equitable

distribution of prime vacation time (June, July, August) to employees with significant service.

Recognizing that Company production needs and the numbers of employees in certain

classifications mean that not all seniority employees’ primary vacation requests can be met,

the parties agree to a trial system to attempt to address equitably as many requests as

reasonably possible. Accordingly, for the 2001-2002 vacation year, in spite of the provisions

of Article 23.03 (4), (5), the following allocation shall be utilized:

Manufacturer Presses -- 2 employees at any one time Edgers -- 2 employees at any one time Welders (Machine) -- 3 employees at any one time Fabricators -- 4 employees at any one time Expanded Metal -- 2 employees at any one time Safety Grating -- 2 employees at any one time Shipping -- 2 employees at any one time Maintenance -- 2 employees at any one time. After the 2005 vacations have been allocated pursuant to Article 23.03, the

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Company and the Union shall jointly re-evaluate the above allocation and either mutually

agree to continue it during the remaining term of the Collective Agreement or mutually agree

upon an alternate allocation or, failing mutual agreement, the system shall revert to the terms

of Article 23.03 (4), (5), (7), (8) as set out in the Collective Agreement.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010.

For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART Re: Shunt Truck

If a full-time bargaining unit shunt truck operator is not available – i.e., typically on the

off-shift, a shipping department employee will be designated by supervision as the temporary

transfer shunt truck operator for that shift and be paid the Lead Shipper/Yardperson rate for

two (2) hours regardless of the time actually operating the shunt truck.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010. For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART Re: Lunchroom

As part of the new building process, provision will be made for lunchroom facilities to

be separate from locker facilities.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010. For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART

Re: 10-Hour Shifts

The Company may implement a shift schedule of four 10-hour shifts, Monday

to Thursday, for all or part of the afternoon shift. If the Company does so, it will not

necessarily schedule all of the employees on the afternoon shift to work on the 4-day shift

cycle. For employees working on a 10-hour shift, Articles 20.02 and 20.05 shall apply as

though “eight (8) hours” read “ten (10) hours.

Holiday pay for designated holidays shall be ten (10) hours for eligible

employees working on a 10-hour shift in the week on which the holiday falls.

The Company may discontinue temporarily or permanently all or part of any 10-

hour shift schedule on two weeks’ notice.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010.

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For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART

Re: Maintenance

The Company and the Union have discussed the issue of the Company using

outside contractors to perform maintenance, repair, installations and commissioning of

equipment. The Company has stated that it prefers to use its own employees to perform

such work where it is practical and cost-effective to do so and the employees have the

requisite skills, abilities and qualifications.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010.

For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART Re: Severance Upon Closure

If the Company closes the Burlington facility, the Company shall pay severance pay

equal to 1.25 regular weeks’ wages for each completed year of service, to a maximum of 33

weeks’ pay, to each employee with ten (10) or more years of service at the time of closure

who surrenders his/her recall rights. This payment shall include employees’ severance pay

entitlements under the Ontario Employment Standards Act.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010. For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART Re: Annual Inventory

Notwithstanding the fact that annual physical inventory (“inventory”) does not constitute

bargaining unit work, the employer will post a sign-up sheet per department for employees

interested in participating in the inventory. The employer will have regard to the sign-up

sheet when selecting people to perform the inventory.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010.

For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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

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LETTER OF UNDERSTANDING

B E T W E E N : FISHER & LUDLOW hereinafter referred to as the "Company" OF THE FIRST PART - and - NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (C.A.W. - CANADA) AND ITS LOCAL 504 hereinafter referred to as the "Union" OF THE SECOND PART

Re: Retiring Allowance 1. Employees that have completed ten (10) years of service and are within the ages

of 55 and 59 on January 1, 2011 may elect to retire effective April 30, 2011 and receive a

retiring allowance of $20,000 upon their retirement.

2. Employees that have completed ten (10) years of service and are within the ages

of 60 and 65 on January 1, 2011 may elect to retire effective April 30, 2011 and receive a

retiring allowance of $12,500 upon their retirement.

3. Eligible employees may only make the elections described above between

January 1, 2011 and March 25, 2011.

4. The elections described above will be deemed irrevocable once made.

DATED AT BURLINGTON, ONTARIO THIS 1ST DAY OF DECEMBER, 2010.

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For: FISHER & LUDLOW For: C.A.W. LOCAL 504

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