77
1 COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. (hereinafter referred to as the Company) AND: MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED EMPLOYEES, LOCAL No. 647, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS (The “Union”) Effective Date: April 1, 2015 Expiry Date: March 31, 2021

COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

1

COLLECTIVE AGREEMENT

BETWEEN:

Gate Gourmet Canada Inc. (hereinafter referred to as the Company)

AND:

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED

EMPLOYEES, LOCAL No. 647, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

(The “Union”)

Effective Date:

April 1, 2015

Expiry Date:

March 31, 2021

Page 2: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

2

Carl Davis Secretary-Treasurer

Business Representative

Martin Cerqua

President & Principal Officer

Gurpreet Nagar

Business Representative Trustee

Page 3: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

3

As a proud member of the Teamsters for nearly 33 years, I am a firm believer in our Union values for equality, justice and fairness for all workers in Canada.

Teamsters Canada believes that everyone deserves a decent quality of life. That’s why we work to protect what matters to you, your job, your health and your family.

Our goals are to promote our collective rights and to protect the common good. Your Collective Agreement allows you to achieve these goals. Through concrete actions in your workplace and your community, we are building a country where we can live with respect and dignity.

Francois Laporte Francois Laporte President, Teamsters Canada

Follow our campaigns: teamsters.ca

Page 4: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

4

A MESSAGE FROM YOUR PRESIDENT & PRINCIPAL OFFICER

Congratulations on your new Collective Agreement.

Teamsters Local No. 647 goal has always been simple; to use our collective bargaining power to fight for equality, fairness and job security in an ever-changing economy and workplace. Going forward there will be many obstacles and issues. However, I am confident that working together with our members we will succeed regardless what challenges come our way.

In Solidarity;

Martin Cerqua Martin Cerqua President & Principal Officer Teamsters Local # 647

Page 5: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

5

COLLECTIVE AGREEMENT

BETWEEN:

Gate Gourmet Canada Inc. (hereinafter referred to as the Company)

AND:

MILK AND BREAD DRIVERS, DAIRY EMPLOYEES, CATERERS AND ALLIED

EMPLOYEES, LOCAL No. 647, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

(The “Union”)

Effective Date:

April 1, 2015

Expiry Date:

March 31, 2021

Page 6: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

6

INDEX

Article Page 1 Purpose 8 2 Recognition 8 3 Check-Off of Union Dues and Initiation 8 4 Relationship 9 5 Management Rights 10 6 No Strikes or Lockouts 10 7 Steward Representation, Chief Steward and Negotiating Committee 10 8 Seniority 12 9 Grievance and Arbitration Process 16

10 Discipline and Discharge 18 11 Leave of Absence 18 12 Bereavement 19 13 Jury Duty / Crown Witness 19 14 Hours of Work 20 15 Rest Periods 22 16 Work Schedules 22 17 Vacations 23 18 Paid Holidays’ 25 19 Job Vacancies 25 20 Individual Agreements 26 21 Health and Welfare Benefits 26 22 Pension 27 23 Bulletin Boards 28 24 Meals 28 25 Parking 28 26 Uniforms 28 27 Lockers 29 28 Medical Leaves and Examinations 29 29 Wages and Classifications 31 30 Printing of Collective Agreements 31 31 Shifts and Other Premiums 31 32 Tool Allowance 32 33 AVOP/Security/Other Licenses 32 34 Reporting for Work 32 35 Training 33 36 Health and Safety 33 37 General 33 38 Duration of Agreement 34

Low Cost Carrier / Regional Carrier 35

Page 7: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

7

Health and Safety Letter 37 Schedules “A” & “B” – Classifications and Wages 39

Letter of Understanding Contracting Out / In Protection 40 Appendix “A” Benefit Summary 42 Schedule “A” Employees Hired Before August 7, 2012 – Wage Grid 46 Schedule “B” Employees Hired On or After August 7, 2012 – Wage Grid 50

Who is Teamsters Canada? 54 Strike Fund 55 Scholarships 56 Grievance, Complaint, Disagreement 58 The Grievance Procedure & You 59 WSIB Rights & Obligations for Workers 61 Union Contact Information 67 Company Contact Information 68

Page 8: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

8

ARTICLE 1 – PURPOSE

1.01 The general purpose of this Collective Agreement between the Company (Gate Gourmet Canada Inc.) and the Union (Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647) is to establish and maintain orderly collective bargaining relations, a procedure for the prompt and equitable handling of grievances, efficiency and economy of service, rates of pay, hours of work and other satisfactory conditions of employment and safe working conditions.

ARTICLE 2 – RECOGNITION

2.01 The Company agrees to recognize the Union as the bargaining agent for all Employees of Gate Gourmet Canada Inc. in its Airport Services Division Flight Kitchen #1, Flight Kitchen #2, Retail Operating, and Trucking and Commissary at Lester B. Pearson International Airport, in the City of Mississauga, save and except Sous Chefs, supervisors, persons above the rank of supervisor and office staff.

In the event the facilities or part of the same are moved to a new location the collective agreement and members will follow.

ARTICLE 3 – CHECK-OFF OF UNION DUES AND INITIATION

3.01 Each month the Company shall deduct from the pay due to each Employee who is covered by the Agreement commencing with the Employees' first day of employment, Union Dues as determined by the Secretary Treasurer of the Union. The Company agrees to a check-off of the Union Initiation Fee as determined by the Secretary Treasure of the Union with the Employees' first pay, such pay to be forwarded to the Union office. The Union shall supply the Company with necessary check-off authorization cards. The authorization card must be completed in full by the Employees (i.e. full name birthday, complete address including apartment number, city and postal code). It is the responsibility of the Company to specify on the authorization card whether the Employee is full-time or part-time and must also specify the gender of the Employee. All dues shall be forwarded to the Union office by the 20th of the following month.

3.02 In the case of an Employee being off work due to illness or WSIB for a full calendar month, dues

are not deducted. If an Employee is on leave of absence for personal reasons other than illness, dues must be deducted fully from the first full pay on return to work, unless otherwise instructed by the Secretary Treasurer. Dues will be deducted from vacation pay.

Each month the Company will supply the Union with a list of all Employees in duplicate. Prior to submitting, the Company shall review the list and make any changes necessary. Whenever possible, the Company shall also indicate why dues are not remitted for the individual with an explanation (i.e. sick, vacation, termination, laid off, etc.). The list will be forwarded with the

Page 9: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

9

cheque to the Union office by the 20th of the following month. The Union shall review the list of Employees and if it notices any discrepancies, it shall notify the Company by the following month and the Company will make any required adjustments as soon as feasible.

On mutual agreement, monthly dues payments may be made to the Union via electronic transmission.

3.03 All present Employees in the bargaining unit who have acquired seniority shall become and

remain members in good standing of the Union during the lifetime of this Agreement as a condition of employment, and all persons who may here after become Employees in the bargaining unit shall immediately upon the expiration of their probationary period become and remain members in good standing of the Union during the lifetime of this Agreement as a condition of employment.

3.04 The Union shall provide the Company with thirty (30) days written notice of any changes to the

current formula in the amount of dues to be deducted from the bargaining unit Employees.

3.05 The Company will show the total amount of Union Dues deducted on each Employee's T-4 slip when issued. The Union Initiation fee will not be shown on the Employee's T-4 slip.

3.06 The Union shall indemnify and save harmless the Company, its agents and/or Employees

acting on behalf of the Company, from any and all claims, demands, actions or causes of action arising out of, in any way connected with the collection and remittance of such dues.

ARTICLE 4 – RELATIONSHIP

4.01 The Company, the Union and the Employees agree that they will at all times operate within the spirit of mutual respect and fairness for each other as parties and as individuals. They further agree to abide by all Company policies, operating procedures and rules.

The Company, the Employees and the Union shall not discriminate against Employees with respect to terms and conditions of employment on the grounds of race, creed, colour, age, sex, marital or parental status, religion, nationality, ancestry, place of origin, family relationship, place of residence or sexual orientation, in accordance with the provisions of the Ontario Human Rights Code as amended from time to time. Disputes under the Ontario Human Rights Code will be processed through the grievance procedure under this Agreement.

Neither party nor representatives of the parties shall exercise or practice discrimination, interference, restraint or coercion against any Employee, because of his/her participation or lack of participation in the Union.

Page 10: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

10

4.02 The Business Representative of the Union shall be granted admission to the Company's various departments during work hours to interview Employees, after first receiving permission from the supervisor or his/her designate with the understanding that there will be no interruption in production.

4.03 Joint Union-Management Committee;

(a) Both parties agree to the formation of a Joint Union-Management Committee for the

purposes of discussing labour relations issues. The Committee will meet bi-monthly and meetings may be cancelled by mutual agreement. The Committee will consist of one (1) Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in addition to two (2) other Stewards. Additional meetings may be called by either party;

(b) The parties shall endeavour to agree to an agenda at least seven (7) days prior to the

meeting;

(c) In addition, on a bi-annual basis, the Joint Union-Management Committee membership will be extended to include one Company representative from each Department, if possible, and the Steward Committee (excluding alternates).

ARTICLE 5 – MANAGEMENT RIGHTS

5.01 The Union acknowledges that it is the exclusive function of the Company to manage the enterprise in which it is engaged.

5.02 Without in any way restricting the generality of the foregoing, the Union further acknowledges

that, subject to the terms of this Agreement, it is the exclusive function of the Company to:

a) maintain order, discipline and efficiency;

b) hire, transfer or promote Employees;

c) discharge demote or discipline Employees for just cause. It is understood that a claim by an Employee that he/she has been discharged or demoted or otherwise disciplined without just cause may be the subject of a grievance and dealt with as heretofore provided.

ARTICLE 6 – NO STRIKES OR LOCKOUTS

6.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that there shall not be any strikes or

Page 11: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

11

picketing during the life of this Agreement. The Company agrees that there shall be no lock- out during the life of this Agreement.

ARTICLE 7 – STEWARD REPRESETNATION, CHIEF STEWARD AND NEGOTIATING COMMITTEE

7.01 Steward Representation

a) The Union shall through its members have the right to appoint or elect a Steward Committee which shall consist of thirteen (13) Stewards plus two (2) Chief Stewards with the following distribution;

[1] Chief Stewards;

[1] Full-Time Chief Steward (Afternoon Shift);

[7] Flight Kitchen – 2 per shift in food production area and equipment handling;

[3] Commissary – 1 per shift;

[2] Transportation – 1 morning shift, 1 afternoon shift; [1] Customer Service

b) Two full-time stewards, one on the afternoon shift and the other on the day shift which

shall be the Chief Steward, shall be elected or appointed by the Union. They shall be working forty (40) hours each on Union Business and all the hours shall be paid by the Company. It is understood that from time to time these Stewards will be performing operational duties when required in emergency situations. The Chief Steward shall also serve as the WSIB representative.

c) In order to be eligible to be a Steward, an Employee must have at least eighteen (18)

months seniority with the Company. The number of Stewards may be altered by agreement between the parties.

d) To be eligible to run as Chief Steward an Employee must have served a minimum of

eighteen (18) consecutive months as Steward.

All Steward Elections, including the Chief Steward, will be held every three years in September. They shall remain in the position until the new election, unless they resign or is removed by the Union in accordance with its Constitution and By-laws.

7.02 Duties of Steward

Page 12: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

12

It shall be the Steward’s duty to represent eligible Employee’s under the terms of this Agreement on any matter properly arising out of this Agreement and to co-operate fully with the Company in the administration of this Agreement. When the steward is working and on shift they will remain at their workstation while representing the Employees unless otherwise authorized by their manager. If the Steward requires to leave their workstation they must first obtain approval front their supervisor and such request will not be unreasonably withheld.

7.03 The Union shall notify the Company in writing of the names and jurisdiction of each of the

members of the Steward Committee and the Company shall not be required to recognize any such Steward until it has been notified by the Union Business Representative of the name and jurisdiction of same.

7.04 Negotiating Committee;

The Union shall have the right to select or elect a negotiating committee consisting of six (6) Stewards plus two (2) Chief Stewards from the bargaining unit who must have at least eighteen (18) months seniority with the Company.

The negotiating committee shall be done by elections amongst the Stewards. Failing to elect a committee, the Union will appoint a committee from the Stewards body. The election of a negotiating committee shall take place six (6) months prior to the collective agreement expiring. It shall be the negotiating committee's function to meet with the Company to negotiate the renewal of this Agreement.

7.05 All Shop Stewards with eighteen (18) months or more seniority shall be the last Employee laid

off in his/her classification and department and shall be the first Employee recalled within his/her classification and department, providing always he/she is capable of performing the work required.

7.06 Alternate Stewards;

The Union may appoint an alternate steward to replace a regular steward when he is on vacation, extended sick leave, or leave of absence.

7.07 The Union must notify the Company of the name or names of the alternate Steward.

7.08 The Company shall allow all stewards two (2) working days for steward education every calendar

year with such training to take place on mutually agreeable dates.

7.09 The Chief Steward, or designate, will introduce the Union to the new hires during the orientation process. This will include, but not limited to: Details about the Union, union dues and the Collective Agreement.

Page 13: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

13

ARTICLE 8 – SENIORITY

8.01 a) For purposes of bidding vacancies, work schedules, temporary transfers, layoff and recall from layoff, bargaining unit seniority from the last date of hire shall apply.

b) Probationary Period

An Employee will be considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of seventy-five (75) days worked. Bargaining unit seniority shall be retroactive to the first day of work or training. Any discipline or discharge of a probationary Employee is at the absolute discretion of the Company and will not be subject to the Grievance Procedure. Employees who are hired on the same day shall have their Seniority determined alphabetically.

8.02 Seniority List

A seniority list shall be updated and posted quarterly (no less than ten (10) days prior to the Shift Bid as per Article 16.03).

8.03 When an Employee post into a vacant position (as per Article 21.01) and is granted that position,

he/she assume the schedule of the vacant position. His/her seniority shall be transferred; except for the hours of work and days off if such transfer is to a different classification. Departments shall be defined as:

Ø Food Stores

Ø Equipment Stores

Ø Maintenance

Ø Commissary

Ø Food Production

Ø Flight Production Ø Transportation

Ø Low Cost Carrier (LCC)

Ø Retail

8.04 Temporary Transfers

Page 14: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

14

For the purposes of temporary transfers, the Company may require qualified employees to perform work on any shift proceeding in order of least seniority until the necessary complement is reached.

8.05 Layoff & Recall

a) For the purposes of lay-off or recall, the Company recognizes that seniority, as outlined

above, will be the guiding factor so long as the Company, in recognizing seniority, is always able to maintain a working force of Employees who are qualified to do the work required.

In the event of a lay-off, the following shall apply:

1) The affected Employee shall be allowed to bump the most junior Employee in the same

classification.

2) If the affected Employee is the most junior Employee in the same classification, he/she shall be able to bump the most junior Employee in the same department of the affected Employee.

3) If the affected Employee is the most junior Employee in the same department, he/she

shall then be able to bump the most junior Employee in the bargaining unit provided the Employee has the qualifications, skills and ability, within a two-day training period.

Notwithstanding the foregoing, the Company may extend the two days of training if there is a reasonable expectation that such extension will result in the Employee meeting the level of skill and ability required.

Extra Days Off (EDO)

If an Employee is affected by the temporary reduction in hours, he/she shall be allowed to exercise his/her seniority to bump the Employee with the least amount of seniority from another shift, in the same classification, on the day of the reduction in hours provided it does not result in the affected Employee working two consecutive shifts. To minimize the effect of the displacement, the affected Employee being issued an EDO may use an available Float Day as provided in Article 18.01 or may use available vacation accrual.

The Company will make every reasonable effort to grant a voluntary lay off for a consecutive ten (10) work day period when two (2) or more EDO’s are assigned in one work week upon request by the effected employee. This shall not apply during the time frames set out in Article 8.05(d). An Employee can only exercise this option once in a twelve (12) month period.

Page 15: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

15

Those affected Employees in either the Food Assembly or Make & Pack classifications can bump each other keeping in line with the concept of seniority outlined in the above paragraph for EDO purposes only.

b) In the event of a temporary reduction in hours, the Employee(s) with the least

bargaining unit seniority in the affected classification and shift shall be advised not to report for their scheduled shift. Such notification shall be provided no less than twenty-four (24) hours prior to their scheduled start time unless there are circumstances beyond the control of the Company that would prevent such notice.

c) Should a lay-off be necessary, Employees will be laid off in the following order: seasonal,

student, part-time and full-time. Seasonal and student Employees may be used in the following high season periods: the pay periods inclusive of: (1) March Break (up to fourteen (14) consecutive days); (2) June 1 through September 30; and (3) December 20 through January 10.

d) Recall of the Employee(s) on lay-off shall be in the inverse order of lay-off, by

bargaining unit seniority within the affected classification, provided the Employee(s) being recalled has the qualifications, skills and ability to do the work available.

e) Should a layoff be necessary in any event, full-time Employees may elect to displace

available part-time Employees prior to being laid off.

f) Voluntary Layoff

When applying the preceding paragraph, a senior Employee in the classification affected by the reduction could accept the layoff on a voluntary basis.

In this case, after ninety (90) calendar days from the beginning of the layoff, the Employee could, after giving a prior written notice of at least fifteen (15) days to that affect, exercise his/her right to return to work and this case Section 8.05.e)i. would again be applicable.

8.06 It shall be the duty of the Employee to notify the Company and the Union promptly of any

change of address. If the Employee fails to do so, the Company or the Union shall not be held responsible for failure of notice to reach such Employee; and such Employee may be removed from the seniority list pursuant to Section 8.07(c) below.

8.07 Loss of Seniority

An Employee shall lose seniority and employment shall be terminated if he:

a) Voluntarily quits;

Page 16: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

16

b) Is discharged and not reinstated through the Grievance or Arbitration Procedures;

c) Is absent from work for three (3) or more consecutive working days without notification

to the Company unless such failure is a result of circumstances beyond the control of the Employee.

d) Overstays a leave of absence granted by the Company without securing an approved

extension in writing of such leave of absence unless the extension is due to circumstances beyond the control of the Employee as defined by the Ontario Employment Standards Act as amended from time to time, whereupon the Employee must notify the Company of the circumstances, probable return date and be able to provide supporting documentation of the circumstances upon their return;

e) While on a leave of absence takes employment other than that declared and agreed upon

when applying for or during the period of the leave of absence;

f) fails to report for work within three (3) days after the date when a notice of recall to full- time work has been sent by the Company by courier to his/her last address on file with the Company;

g) having agreed to accept part-time employment to avoid a layoff, and refuses to work on

three (3) occasions in a four (4) week period;

h) Fails to call in or notify the Company of absence three (3) times within a twelve (12) month period;

i) Is laid off and not recalled within twelve (12) months from the date of lay off or the

length of his/her seniority, whichever is lesser;

j) Is absent due to occupational and/or non-occupational illness or accident for a period of twenty-four (24) months from the date that the accident occurred or the illness commenced and the Company has attempted to accommodate the recognized handicap or disability and there is no reasonable prospect of returning to active employment and that the Company has satisfied its legal requirements under the Human Rights Code. In the event of an extenuating circumstance such as a terminal illness, the Company shall meet and discuss the matter with the Union for the purpose of granting an extension on a case by case basis.

k) Fails to obtain a required credential and return to work within one hundred and eighty

(180) days of commencing a voluntary lay-off per Article 33.04 a)

Page 17: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

17

8.08 Work outside the Bargaining Unit

Page 18: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

18

Should an Employee be given a position outside of the bargaining unit, he/she shall retain his/her Seniority for a period of three (3) consecutive calendar months during which time he/she may return to the bargaining unit upon his/her request or at the request of the Company with no loss of Seniority. If the Employee goes beyond the above time limit, he/she could only return to the bargaining unit if there was a vacancy and would have no Seniority. Such an Employee would retain Company service for the purposes of his/her vacation entitlement only. It is agreed that an Employee can only be given a position outside of the bargaining unit once during the duration of the Collective Agreement. Should the Employee return to the bargaining unit and there is then no vacancy, by reason of his/her Seniority, he/she may displace the Employee with the least Seniority, provided he/she has the necessary qualifications, skills and ability to do the work.

Notwithstanding the foregoing, it is further agreed, upon written notice to the Union, an Employee can be given a position outside of the bargaining unit on a temporary basis for purposes of participating in a special project, the term for which, shall not exceed a period of three (3) months. The Union agrees not to be unreasonable in the application of this Article.

ARTICLE 9 – GRIEVANCE AND ARBITRATION PROCESS

9.01 For the purposes of this Agreement, a grievance is defined as a claim by the Company or by the Union or by an Employee that there has been a violation of this Collective Agreement. All grievances must be in writing and signed by the party aggrieved and they must be presented to the other party or person grieved against within seven (7) working days after the occurrence of the matter which is the subject of the grievance.

9.02 STEP 1: Verbal Discussion

If an Employee has a complaint which relates to the terms or conditions of his/her employment under the terms of this Collective Agreement, he/she shall first discuss his/her complaint within seven (7) working days of the occurrence with his/her immediate Supervisor and he/she may be accompanied by his/her Shop Steward or a bargaining unit member of his/her choice who can be relieved from his/her duties on shift if he so desires provided such relief does not interfere with the operations. If the complaint cannot be settled as a result of this discussion, then the Employee may file a written grievance.

9.03 STEP 2: Written Grievance

a) All grievances must be in writing and signed by the party aggrieved and they must be

presented to the other party or person grieved against within the seven (7) day period noted in 9.02 above.

Page 19: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

19

b) The grievance of an individual Employee shall be given to the Department Manager or his/her designee by the Union Steward. The Department Manager and/or his/her designee shall meet with the Union Steward, and Employee if deemed appropriate within five (5) working days after he/she receives the grievance. The Department Manager or designee shall provide his/her decision in writing within seven (7) working days following the meeting.

9.04 STEP 3: Appeal of Written Grievance Response

If the grievance is not settled in Step 2, the Union Steward will appeal the grievance to the General Manager within seven (7) working days after he/she received the written answer of the Department Manager. The General Manager shall meet with the Union Steward and Business Agent on a monthly basis to hear any and all Step 3 grievances on a date mutually agreeable to the parties. The General Manager or his/her designate shall provide his/her decision on all Step 3 grievances heard within seven (7) working days following the meeting.

9.05 If the grievance is not settled within the specified time period noted in 9.04 above, then either party

may notify the other party in writing within a further period of thirty (30) calendar days from the Step 3 decision that it intends to proceed to arbitration using a single Arbitrator. Any notice of the intention of either party to proceed to arbitration shall contain details of the grievance and a statement of the actual relief sought by the party.

9.06 (a) Policy Grievance:

A grievance of the Company or a policy grievance of the Union, which is distinguished from an individual Employee's grievance must be sent by registered mail or be personally delivered to the General Manager or to the Union Representative, as the case may be, within seven (7) working days after the occurrence of the matter which is the subject of the grievance or within seven (7) working days from the time the General Manager or Union Representative, as the case may be, should have reasonably ought to have known of the occurrence of the event upon which the grievance is based. The parties shall meet to discuss any such grievance within ten (10) working days, then either party may notify the other party, in writing, within a further period of thirty (30) calendar days that it intends to proceed to Arbitration with a single Arbitrator. The notice of intention to proceed to Arbitration shall contain a statement of the matter in dispute and the relief sought.

(b) Group Grievance:

The parties recognize a group grievance as one, which affects more than one Employee with respect to whom the issues and facts are the same. A group grievance shall commence at the Verbal Discussion Stage.

Page 20: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

20

9.07 Arbitration

When a grievance is referred to arbitration, the party desiring arbitration shall notify the other party, in writing, of the list of acceptable arbitrators. The recipient of the notice shall, within ten (10) working days, advise the other party of acceptable arbitrators.

9.08 If the parties are unable to mutually agree on a sole arbitrator, the party desiring arbitration

shall apply to the Minister of Labour, for the Province of Ontario, for the appointment of an arbitrator.

9.09 Each party shall bear the expenses of its own nominee to Arbitration and the parties shall

jointly and equally bear the expenses of a single Arbitrator or a single Mediator.

9.10 No grievance may be submitted to an Arbitrator unless it has been properly carried through all of the required steps of the Grievance and Arbitration Procedures. The single Arbitrator shall have the power to determine if any matter is arbitrable.

9.11 The sole arbitrator shall not have the power, nor shall he be authorized to make any decision

inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to add to or subtract from this Agreement, but shall base his/her decision on the contractual rights of the parties as disclosed by this Agreement.

9.12 The decision of the single Arbitrator shall be final and binding upon the parties.

9.13 In the event that the single Arbitrator properly deals with the matter relating to discharge or other

disciplinary action, then in that event the Board has the authority to reinstate an Employee with or without compensation for wages lost or with or without loss of seniority as it may deem just in the event that the Arbitrator decides that there has been a violation of this Agreement by the Company.

9.14 All time limits set forth in this Article are mandatory and may be extended only by written

agreement between the parties.

ARTICLE 10 – DISCIPLINE AND DISCHARGE

10.01 The discipline, discharge, layoff, or failure to recall after layoff of a probationary Employee is at the absolute discretion of the Company and will not be subject to the Grievance Procedure. It is agreed that the probationary period is for the purpose of training employees and to allow the Company to assess Employee's suitability for continued employment. The Company agrees not to act in bad faith in the application of this Article.

10.02 A claim by an Employee who has completed his/her probationary period that he/she has

been disciplined or discharged from his/her employment without just cause shall be treated as a grievance, if a written statement of such grievance is lodged with the

Page 21: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

21

Manager or his/her designate within ten (10) working days after the issuance of the discipline or the Employee’s termination date. The grievance of a discharge will be heard at Step 3.

It is understood that an Employee who is dismissed may have the right to interview his/her Steward for ten (10) minutes before leaving the premises of the Company.

10.03 The discharge grievance may be settled by the parties by confirming the Company’s action or by

reinstating the Employee with or without full compensation for time lost or by any other arrangement which is considered just and equitable.

10.04 Theft

Notwithstanding the provisions of Article 10.02 above should an Employee be terminated for theft of any kind or manner from the Company, its Customers, Employees or Suppliers, and should an arbitrator make a finding of fact to this effect, then the Arbitrator in question shall have no jurisdiction to alter, vary, modify or rescind the termination imposed by the Company.

With respect to Article 10.04 of this Agreement:

Ø Theft shall be defined as the wrongful removal from the premises or the unauthorized

possession of the goods of another.

Ø Theft will be deemed to include fraud and embezzlement.

10.05 Employee Corrective Action Notices shall be maintained in the Employee’s personnel file for a period of twelve (12) active months from the time of issuance.

ARTICLE 11 – LEAVE OF ABSENCE

11.01 Personal Leave

Employees may, at the sole discretion of the Company, be granted an unpaid personal leave of absence. Permission to obtain a personal leave of absence must be requested in writing and the Company must confirm its decision regarding the granting of a personal leave of absence in writing. A copy of the confirmation shall be sent to the Union. The granting of a personal leave of absence will not be unreasonably withheld. Under no circumstance shall any personal leave of absence continue in excess of six (6) months. During this leave the Employee’s Seniority shall accumulate but benefit coverage shall not apply. Employees cannot finalize any travel arrangements, including financial payments for such arrangements before receiving official approval from the Company. Failure to do so will in no way obligate the Company to approve such Leave(s) and the Employee fully assumes all associated consequences, including financial loss, of making such arrangements.

Page 22: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

22

11.02 Union Leave

The Company shall grant an Employee who is elected, appointed or acquires a position with the Union an unpaid leave of absence for a period of five (5) years. During this leave the Employee’s seniority will not accumulate and benefit coverage shall not apply. No more than one Employee from each department with a total not to exceed three (3) shall be permitted to be on a Union leave of absence at any time. Employee will maintain his/her seniority date upon his/her time of departure. The Company in its sole discretion may allow more than one (1) Employee per department to be off, with the total still not to exceed three (3).

11.03 Pregnancy/Parental Leave

The Company will grant pregnancy leave and/or parental leave, without pay, and without loss of Seniority and benefits, in accordance with the provisions of the Employment Standards Act of Ontario as amended from time to time, to those Employees who make application on forms supplied by the Company. Any vacation pay accrued and/or scheduled up to the time of the pregnancy and/or parental leave shall be paid out at the time the Employee commences such leave.

ARTICLE 12 – BEREAVEMENT

12.01 Employees who suffer bereavement in their immediate family shall receive bereavement leave of absence without loss of pay up to a maximum of three (3) working days. For the purposes of this Article, the immediate family shall include mother, father, husband, wife, son, daughter, brother or sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandchildren and grandparents.

12.02 Bereavement leave will be paid at the regular straight-time hourly rate, for loss of scheduled

work, up to and including the day of the funeral for a maximum not to exceed three (3) days. This period may be extended without pay at a time period to be mutually agreed upon if reasonable justification is provided to the Company.

12.03 “Spouse” for the purposes of bereavement leave will include a partner of the same sex and

common law spouse as defined by law. In order to qualify for bereavement leave, pay Employee may be required to substantiate to the Company’s satisfaction his/her claim for the entitlement under this article.

ARTICLE 13 – JURY DUTY/CROWN WITNESS

13.01 Any Employee who is required to serve as a juror/crown witness shall be paid the difference between the amount paid for such services and his/her normal pay computed at his/her normal hourly rate for hours lost from work up to forty (40) hours in a week subject to the following provisions:

Page 23: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

23

13.02 Employee must notify his/her manager within three (3) days of receipt of notice of selection for jury duty/crown witness.

13.03 In order to be eligible for such payments, the employee must furnish a written statement from the

proper public official, showing the date and time served, and the amount of money received.

ARTICLE 14 – HOURS OF WORK

14.01 Normal hours of work will be forty (40) hours per week on the basis of five (5) consecutive days at eight (8) hours (exclusive of the meal period) per day with the two (2) consecutive days of each work week. It is understood that the Company does not guarantee to provide any hours of work on any day subject to the other terms of this Collective Agreement.

14.02 Shift start times, for bidding purposes, are defined as follows:

Night Shift (A Shift) 20:00 to 03:59

Day Shift (B Shift) 04:00 to 11:59

Afternoon Shift (C Shift) 12:00 to 19:59

14.03 The Company and the Union recognize that because of the nature of the Employer’s business it may be necessary for overtime work to be scheduled and it is understood that Employees will co-operate in the performance of overtime as required.

14.04 Additional Hours;

An Employee who has already worked eight (8) hours in the day will only be expected to work additional hours that day in accordance with the following procedure: Any additional hours will be offered to the Employees normally performing the work in order of the greatest seniority beginning with full-time employees before utilizing part-time Employees, followed by seasonal employees and summer students. If sufficient volunteers cannot be obtained in that manner, the Company may require qualified Employees to perform the work in order of least seniority until the necessary complement is reached. If additional hours are still required, the Company may solicit Employees not presently on shift, in order of seniority, to work the necessary hours.

14.05 Overtime at the rate of time and one half shall be paid for all hours worked after forty (40) in any

given scheduled work week.

14.06 Full Shift;

a) The overtime list will be posted every twenty-eight (28) days. If an Employee

Page 24: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

24

decides to remove himself/herself from the list or be added to the list for overtime purposes, he/she will be slotted into the list by seniority. Employees must wait until the end of the twenty-eight (28) day cycle in order to exercise a change to the list.

b) The Company will distribute full shift overtime on an equitable basis by providing

Employees who are on the overtime list with an opportunity to work six consecutive days prior to offering Employees an opportunity to work seven (7) consecutive days.

c) When overtime is required for a full shift, it shall be awarded by rotation from Employees

who are on the overtime list by seniority, by shift designation. If not enough Employees on the designated shift are available to cover the overtime, Employees working on other shifts in the same classification who are on the overtime list shall be offered the overtime by their combined seniority. Once the overtime list is exhausted, overtime will be offered by seniority only, starting at the top of the list. Those Employees who decline or are unavailable for overtime will be charged on the overtime list as if they had worked.

d) It is understood that a junior Employee may end up working an overtime shift over a

senior Employee. The Company only has to call the Employee at his/her primary contact number on file to determine if he/she is available for overtime. For clarification, if the Employee does not answer the phone, the Company shall document such on the overtime call log and move to the next Employee on the list. A copy of the overtime call log shall be made available to the Union upon request.

14.07 For the purposes of computing hours of work, it is understood that rest period shall be included

but the meal period of an Employee is not included.

14.08 Vacation relief schedules will be posted with the Shift Bid (as per Article 16.03) for all classifications.

14.09 Lead Hands;

The Company shall have the sole discretion to determine the number of Lead Hand positions for each classification, if any, and shall be the sole judge of skill, ability, competency and efficiency to perform the work required.

14.10 Alternative Shifts and Schedules (Maintenance Department only)

The Company may allow alternative shifts and schedules (e.g., greater than eight hours) for the affected Employees provided the following conditions are met.

1) All three parties (the Local Union, the Employees and the Company) must ratify any

alternative shifts/schedules.

Page 25: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

25

2) Ratification shall be based on the affected classification and shall be considered accepted if passed by 2/3 majority of Employees who vote.

3) Following a successful ratification, the alternative shifts/schedules shall apply to all

Employees in the affected department.

4) Any alternative shift/schedule ratified pursuant to this section may be terminated by either party upon six (6) months written notice.

ARTICLE 15 – REST PERIODS

15.01 The Company will grant two (2) fifteen-minute rest periods without loss of pay and a one-half (1/2) hour unpaid lunch break in accordance with current practice as of the date of ratification. The rest periods as far as practicable, shall be allocated at the midpoint of each half shift during normal hours of work.

ARTICLE 16 – WORK SCHEDULES

16.01 The Company shall post the work schedule every bid period as outlined in Article 16.03. An Employee shall be given seventy-two (72) hours’ notice of any changes in his/her schedule, with the exception of circumstances beyond the control of the Company. In the event of such changes, bargaining unit seniority within each of the affected classifications and in on each shift shall apply. Employees shall adhere to the posted work schedule unless there has been mutual agreement between the Employee and the Company to deviate from the schedule.

16.02 Shift Bid

Four times per year, the Company will implement a Shift Bid for each job classification, to be awarded in order of seniority.

The Company may implement one additional shift bid throughout the calendar year limited to each of the following two groups of classifications:

1) One (1) additional shift bid throughout the year for any/all of the classifications:

Boutique/Bar Assembler/Commissary Clerk, Food Assembly, Galley Builder, Final Assembly and Make & Pack;

2) One (1) additional shift bid throughout the year for any/all of the classifications: Hi

Lift Truck Driver, Loader/Driver/Runner and Customer Service.

Page 26: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

26

For clarification, each Employee by order of seniority shall select their Shift Bid for the duration of the bid. Each Bid shall include a shift (Shift A, B, or C), start time, if applicable where multiple start times are utilized within the same shift, and days off. Bids will be processed in a timeline consistent with the number of employees in each classification.

16.03 At least twenty-four (24) days prior to the effective date of the next quarterly Shift Bid, work

schedules will be posted for seven (7) days. At least seventeen (17) days prior to the effective date of the Bid, Employees shall submit their bids. Employees who do not participate in the bid will be assigned a work schedule in seniority order. A shop Steward will be present with the Scheduler during the shift bid. Final awards will be posted at least fourteen (14) days prior to the effective date of the Bid. A hard copy of the final bid will be supplied to the Union Office.

16.04 Shift Exchange Privileges

a) Employees who have completed their probationary period may on their own accord, for

their own personal convenience, exchange shifts with other qualified Employees in their classification by submitting their request to management in writing three (3) days prior to the commencement of the said shift and subject to business conditions, the Company reserves the right to approve or disapprove the request. Such approval will not be unreasonably withheld subject to (b). Once the approval has been granted the responsibility of the shift will be on the Employee who is supposed to cover the shift.

Failure to show up for a shift once approval has been granted will result in loss of shift exchange privileges and may result in disciplinary action.

b) No Employee may shift exchange into overtime, change of status, i.e., full-time, part- time, premium pay, etc.

16.05 Spare Driver/Relief Employee

A spare driver or any relief Employee who has been scheduled will assume the schedule that he/she is replacing and shall maintain all aspects of that schedule i.e., shift, start time, and days off. The spare driver or relief Employee shall also bid as per Article 16.02. In the event, during this period, there are weeks not required for a spare driver or relief Employee, then seniority will prevail as to who stays as a spare driver or relief Employee.

ARTICLE 17 – VACATIONS

17.01 The Company will grant all Employees to whom this Agreement is applicable a vacation period. The vacation year for the purposes of this article will be January 1st to December 31st.

Page 27: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

27

17.02 For the purposes of computing the term of employment and the amount of vacation pay to which an Employee is entitled, it is recognized that Company date of hire shall apply.

17.03 For the purposes of vacation pay calculation, the previous calendar year's earnings shall

include base wages, premium, overtime and vacation earnings.

17.04 Employees who have been employed less than one (1) year shall be paid vacation pay equal to four percent (4%) of gross earnings in accordance with the Ontario Employment Standards Act.

17.05 Employees who have completed one (1) year of service but less than five (5) years in any year

shall receive two (2) weeks’ vacation with pay. Vacation pay for these Employees is to be calculated at four percent (4%) of gross earnings.

17.06 Employees who have completed five (5) years of service but less than eleven (11) years in

any year shall receive three (3) weeks’ vacation with pay. Vacation pay for those Employees is to be calculated at six (6%) percent of gross earnings.

17.07 Employees who have completed eleven (11) years but less than seventeen (17) years of

service in any year shall receive four (4) weeks' vacation with pay. Vacation pay for those Employees shall be calculated at eight percent (8%) of gross earnings.

17.08 Employees who have completed seventeen (17) years or more of service in any year shall

receive five (5) weeks’ vacation with pay. Vacation pay for these Employees is to be calculated at ten percent (10%) of gross earnings.

17.09 Employees who have completed twenty-five (25) years or more of service as of shall

receive six (6) weeks’ vacation with pay. Vacation pay for these Employees is to be calculated at twelve percent (12%) of gross earnings.

17.10 All submissions for vacation shall be made in writing on forms supplied by the Company

before November 30th. These requests shall be processed and approved subject to operational requirements and will be posted by December 15th for the following vacation year beginning January 1st. Vacation shall be granted according to the following:

a) Vacation shall be granted in accordance with the seniority of the Employees and the

classification vacation policy.

b) Those Employees selecting their vacation outside the peak periods defined in Article 8.05 (d) may select their total vacation entitlement provided it is available. For example, an Employee entitled to 4 weeks’ vacation shall select 4 weeks in February if available.

c) Those Employees selecting their vacation within the peak periods defined in Article 8.05 (d)

may select up to 50%, rounded up to the next full week, of their total vacation entitlement

Page 28: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

28

provided it is available on their first bid selection. For example, if an Employee is entitled to 5 weeks’ vacation, he may select up to 3 weeks’ vacation within the peak periods. The remaining vacation will be taken outside the peak periods on a different bid selection.

d) Vacation schedules may be changed between two Employees only upon the mutual

agreement of two Employees affected with the consent of the Company which shall not be unreasonably withheld.

e) Should an Employee initiate a transfer to a new shift under Article 16.02 (Shift Bid),

vacation will be allocated at the time of transfer based on availability. If the Company initiates a transfer to a new shift under Article 16.02 (Shift Bid), the Employee will retain original choice of vacation.

f) All Employees must take their allotted vacation time off and no Employee shall be

entitled to forgo his/her vacation or any portion in lieu of drawing money from his/her vacation bank.

Any Employee failing to submit all of his/her vacation entitlement by November 30th shall have the remainder of his/her vacation entitlement assigned by the Company.

17.11 The parties agree to form a joint Company/Union Vacation Bid Committee. This Committee will

facilitate the yearly vacation bid process as well as review and post all vacations that have become available (e.g. cancelled vacations, leaves of absence or retirement). The mandate of this Committee will be to identify times that additional vacation blocks can be posted and granted by seniority. The Union representatives shall include Chief Stewards and other Stewards. The Management representatives will be designated by the General Manager. The General Manager, or his/her designate, will Co-Chair the Committee. Company agrees to not reduce any current vacation grant proportionate to the needs of the business.

ARTICLE 18 – PAID HOLIDAYS

18.01 All Employees who are covered by the terms of this Collective Agreement and who have completed the probationary period shall be eligible to receive the following holidays with pay. Holiday pay will be computed on the basis of the normally scheduled shift and at the Employee’s regular hourly rate.

New Year’s Day Canada Day Christmas Day

Family Day Civic Holiday Boxing Day Good Friday Labour Day Victoria Day Thanksgiving Day Float Day (2)

Page 29: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

29

The Float Day will be granted each year at a time mutually agreed upon between the Employee and the Company and where operationally feasible, upon written request provided to the Company at least seven (7) days in advance.

18.02 For the paid holidays, as defined above, work performed on the holiday shall be paid at the rate of

one-and-one-half times the Employee’s regular rate for all hours worked plus holiday pay.

18.03 If a paid holiday is observed during an Employee’s annual vacation period, payment for such holiday will be made as provided in 18.01, or the Employee may have a day in lieu with pay at the end of the vacation period in which the holiday occurred.

18.04 Employees shall qualify for holiday pay only if they have worked on the day immediately prior to

the holiday and on the day immediately after the holiday unless one of these days was the regularly scheduled day off for the Employee. If an Employee is off work owing to verified illness the day before or the day after or both they shall receive the payment for the paid holiday.

18.05 If an Employee is scheduled to work on a paid holiday but fails to report for work on the day of

the holiday he/she shall not receive any holiday pay unless proper medical evidence is provided.

18.06 Part-time Employees shall have their holiday pay calculated as per the Employment Standards Act as amended from time to time.

For clarification, the current method of calculating Holiday Pay for a Part-time Employee is all the regular wages earned by the Employee (including vacation pay) in the four work weeks before the work week with the public holiday, divided by 20.

ARTICLE 19 – JOB VACANCIES

19.01 a) Should a permanent new position or permanent vacancy occur in any classification the Company will post a notice on a designated bulletin board for a period of seven (7) calendar days. This notice will state the classification, rate of pay, whether the position is part-time or full-time, and the normal shifts to be worked. In addition, it will show the final date for application which must not be less than seven (7) days after posting the notice. Each application will be considered by the Company who will consider the length of service, skill and ability for the vacant position. When all factors are relatively equal, seniority shall be the governing factor.

b) A copy of the job posting, and awards will be given to the Shop Steward in the department

involved. Names of people awarded jobs through bidding to be posted and all Union Stewards will be provided a copy.

Page 30: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

30

c) If an Employee has applied for one of these positions, and is successful, he/she must remain in his/her new position for at least twelve (12) months before he can apply for any new positions or vacancies that become available.

d) Should a need arise to fill a permanent vacancy on a temporary basis, the temporary

assignment shall not exceed thirty (30) days. Should a grievance arise regarding the application of this article, the grievance shall be referred directly to the General Manager.

19.02 All Employees before going on vacation shall have the right to leave a standing bid with Human

Resources for any job postings that occurs while on vacation. Human Resources will forward a copy to the Union office. They will be awarded the position after returning from vacation provided they have the applicable seniority.

ARTICLE 20 – INDIVIDUAL AGREEMENTS

20.01 It is understood that no Employee who is covered by this Agreement will enter into any individual contract or agreement with the Company concerning wages or working conditions that will in any way conflict with the terms of this Collective Agreement.

ARTICLE 21 – HEALTH AND WELFARE BENEFITS

21.01 All full-time Employees covered by the Collective Agreement shall be eligible on the first day of the month following the completion of sixty (60) calendar days of employment with the Company. The Benefit Plan shall include a Health Plan, Dental Plan, Basic Life Insurance Plan and Accidental Death and Dismemberment Insurance Plan.

A summary of the Benefit Plan is contained in Appendix “A”.

21.02 Extension of Benefits Due to Lay-off;

The Company shall extend benefits (including Life Insurance, Extended Health and Dental) for any Employee who is laid off up to the last day of the month following the month in which the layoff occurred. For example, an Employee that is laid off on March 13, 2015 shall continue his/her above denoted benefit coverage till April 30, 2015.

21.03 Effective the first full month after ratification, the Company shall be responsible for paying one

hundred (100%) percent of the monthly premiums for the Health and Dental Plans.

All Employees hired on or after the date of ratification shall participate in a 20% co-pay (See Appendix “A” for details.)

Page 31: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

31

21.04 The parties agree that benefit issues are not arbitrable under the terms of the Collective Agreement. The Company agrees that the Union shall be entitled to represent their members in consultation with the Insurance Carrier in the event of any disputes between the Employee and the Insurance Carrier.

ARTICLE 22 - PENSION

Company Defined Contribution (D.C.) Pension Plan

22.01 a) The Company agrees to contribute five (5%) per cent of pensionable earnings (pensionable earnings pursuant to this provision shall include hours worked, vacation pay and holiday pay) per month on behalf of each full-time bargaining unit Employee who was hired prior to the date of ratification who has completed twenty-four (24) months of employment with the Company up to age sixty-five (65).

The Company agrees to contribute one (1%) per cent of pensionable earnings (pensionable earnings pursuant to this provision shall include hours worked, vacation pay and holiday pay) per month on behalf of each full-time bargaining unit Employee who was hired on or after August 7, 2012 who has completed twenty-four (24) months of employment with the Company up to age sixty-five (65).

The Pension formula will be calculated as follows: the base hourly rate (excluding any applicable premiums) x 5% (or 1%) x pensionable earnings to a maximum of 80 hours per pay period.

No member contributions are required.

The Company agrees to provide any and all information required for the administration of the Pension Plan.

(a)(ii) Employees may contribute on a voluntary basis to the Retirement Savings Plan (RRSP) up to the CRA tax limit in accordance with administrative procedures established by the Company.

b) Vesting;

Company contributions are vested immediately and locked in after completion of two years of membership in the Pension Plan.

c) Extension of Pension Benefits Due to Lay-off;

The Company shall continue pension benefits by remitting the contribution rate defined in this Agreement to the designated insurance carrier for any member who is laid off up to the last day of the month of the layoff.

Page 32: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

32

d) Investment Options;

The Employees will be provided with sufficient information on the various funds available for the investment of their contributions of the Company Defined Contribution Plan (DC Plan) on a periodic basis. Investment advice will be available to the Employees as they require from the Investment Company.

e) Benefit on Retirement, Death or Termination of Employment;

The benefit provided on the member’s retirement, death or termination of employment shall

be the value of the member’s pension account. Payment options shall be in accordance with those allowed under the Ontario Pension Benefits Act and the Income Tax Act.

ARTICLE 23 BULLETIN BOARDS

23.01 The Company will provide a bulletin board in the Flight Kitchen and Commissary for the Convenience of the Union in posting notices of Union activity. All such notices must be signed by an officer of the Union and submitted to the Unit Manager or his/her authorized representative for approval.

In addition, the Company will also provide a bulletin board in the main entrance for job postings.

ARTICLE 24 – MEALS

24.01 Employees shall be charged seventy cents ($0.70) per day for meals.

ARTICLE 25 – PARKING

25.01 The Company agrees that it will provide free parking for Employees covered by the terms of this Agreement, provided, however, that it is understood that this parking will be available for the Employees only to the extent that parking spaces controlled by the Company are available on the property used by the Company for its operations. The foregoing is subject to the rules and regulations as may be established by the Company.

ARTICLE 26 – UNIFORMS

26.01 The Company shall provide sufficient number of uniforms, hats, and hairnets for the use of Employees during working hours. Uniforms shall be maintained and laundered by the Company. Uniforms and apparel will remain the property of the Company and must be worn by all

Page 33: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

33

Employees while at work.

26.02 The Company shall provide a winter jacket every October in each calendar year, if required to the Employees in the following classifications:

High Lift Drivers

Loader/Driver/Runner Licensed Maintenance

Tradesperson

Make and Pack

Food Stores

Customer Service

Food Production

Distribution Centre

Dispatch

Galley Builder

Commissary/Assembler only

Final Assembler

Equipment Stores

Building Maintenance 1st Cook, 2nd Cook and Kitchen

Assistant

If a jacket becomes ripped or damaged, it will be replaced as soon as possible.

Additionally, every October in each calendar year, if required as follows:

Ø Transportation (Loader/Driver/Runner, and Hi Lift Drivers), Distribution, Food Stores, Maintenance and Final Assemblers shall receive one pair of thermal pants. If the pants become ripped or damaged, they will be replaced as soon as possible.

Ø Transportation shall receive appropriate rain wear as required.

Ø The Company will supply appropriate protective gloves to all Employees required to

wear gloves.

Ø Equipment Stores shall be provided with Thermal wear.

26.03 Effective April 1, 2015, employees shall be reimbursed for the purchase of Company approved safety footwear to a maximum of one hundred and forty dollars ($140.00) per year. All Employees shall be required to purchase their footwear from a Company approved vendor without exception. Such footwear is a condition of employment and must be worn at all times while on duty and shall remain on Company premises. New Employees shall purchase their own safety footwear and upon completion of one (1) continuous year of service will be reimbursed by the Company upon presentation of the original receipt up to a maximum of one hundred and forty dollars ($140.00).

Any Employee needing a second pair of safety shoes/boots will be permitted to request an additional pair of shoes/boots and it will be at the sole discretion of the Company. Such request will not be unreasonably withheld.

Page 34: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

34

ARTICLE 27 – LOCKERS

27.01 All Employees who are regularly employed shall be provided with a locker.

27.02 Subject to the provisions of the Company’s Policy regarding searches, the following shall also apply:

1. Searches may be conducted at random times or when reasonable cause may exist.

2. Either the Union business agent or bona fide Shop Steward shall be present during

such searches, or if the Shop Steward is not available, the Employee shall choose a member of the bargaining unit to be his/her representative.

ARTICLE 28 – MEDICAL LEAVES AND EXAMINATIONS

28.01 It is recognized that all Employees may be required, so as to comply with laws or Article so as to comply with rules and regulations of the Company, to submit to medical examinations. Any such examination shall be carried out by a medical practitioner designated by the Company and it is recognized that the Company shall have the right to obtain a copy of any medical report relating to such examination.

28.02 An Employee requesting to return to work from a medical absence shall be returned to his/her

former position with full Seniority (assuming he/she has sufficient Seniority to hold his/her former position) provided he/she submits adequate written medical documentation that he/she has been cleared to return to work and that he/she returns as soon as medical clearance is obtained. It is required that Employees returning from an absence due to sickness and/or injury advise the Company as to their availability to return to work with as much advance notice as possible for scheduling purposes and preferably with a minimum of twenty-four (24) hours’ notice in advance of availability. The Company shall ensure that the Employee is scheduled back to work within a reasonable period of time thereafter. Adequate medical documentation shall include written confirmation from a medical provider that the Employee was unable to return to work for the period of the medical absence and a specific date that the Employee is cleared to return to work without any medical restrictions.

28.03 a) It is understood that Employees who are actively at work shall not lose any regular wages

as a result of having to attend a medical examination arranged for by the Company. Employees who require a medical examination during their regular shift will be scheduled to attend the examination at a local clinic or medical facility designated by the Company, provided it is deemed acceptable to the Company. Employees who are required to attend the examination prior to or after their shift will be scheduled at a local clinic/medical facility or one near their home, provided it is deemed acceptable to the Company.

Page 35: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

35

b) Employees will not be asked to attend a medical examination on their regular days off.

c) Should the Company employ on-site medical staff in the future, the Employees

may be scheduled to attend the examination at the on-site facility.

28.04 If an Employee disputes the contents of a medical report which is supplied to the Company by the Medical Practitioner designated by it under Article 28.01 then the Employee reserves the right, at his/her own expense, to consult his/her own physician who shall supply a medical report to the Company and this further medical report shall be given reasonable consideration. If that report contradicts the Company’s initial report, the Company may request a third opinion using a different medical provider who shall be mutually agreed to between the company and Union whose opinion shall resolve the dispute. The Company shall pay for any third opinion that it may request.

28.05 When an Employee suffers an injury or illness which requires his/her absence, he/she shall report

the fact to the Company (as soon in advance as possible and preferably with a minimum of three (3) hours' notice in advance of his/her actual starting time) so that adequate replacement may be made if necessary. Employees must keep the Company and the Union notified of their correct address and telephone number at all times.

28.06 The Company will agree to pay for requested Doctor’s notes ($20.00 maximum) providing

presentation of a receipt. For clarification, this reimbursement shall not apply in situations where the Employee is required to substantiate his/her absence by providing medical supporting documentation for failing to attend work provided that the Employee was given advance notice that the absence would require such documentation. Further, such advance notice must be provided by Human Resources.

ARTICLE 29 – WAGES AND CLASSIFICATIONS

29.01 The wage rates for all Employees hired prior August 7, 2012 which shall apply during the term of this Agreement are outlined in Schedule “A” attached hereto.

The wage rates for all Employees hired on or after August 7, 2012 which shall apply during the term of this Agreement are outlined in Schedule “B” attached hereto.

29.02 Should rates of pay be required over and above the wages outlined in Schedule “A”, for a new

Employee requiring special skills, the Company agrees to meet with the Union to discuss the new rate of pay.

Page 36: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

36

29.03 In the event an Employee is assigned from a higher rate of pay job to a lower rate of pay job at the request of the Company, they shall be paid their higher rate of pay for all hours worked at the lower rate of pay job.

In the event an Employee is assigned from a lower rate of pay job to a higher rate of pay job at the request of the Company, they shall be paid their higher rate of pay for all hours worked at the higher rate of pay job.

29.04 All pay stubs will be kept in a secured location and given to employees upon request.

ARTICLE 30 – PRINTING OF COLLECTIVE AGREEMENT

30.01 The Company agrees to provide for the printing of the Agreement in booklet form with the cost to be shared by the parties. The parties will proof the new Collective Agreement and provide booklets to the Employees within two (2) months of ratification.

ARTICLE 31 – SHIFT AND OTHER PREMIUMS

31.01 Any Employee who is assigned to a “night” shift shall receive a shift premium of seventy-five ($0.75) cents per hour for all hours worked on each such shift.

31.02 Any Employee who is assigned to an “afternoon” shift shall receive a shift premium of fifty

($0.50) cents per hour for all hours worked on each such shift.

31.03 Any Employee who is assigned to work on a “Forklift” or ”Freezer” shall receive a Forklift or Freezer Premium of fifty ($0.50) cents per hour for all hours worked on each shift.

31.04 Any Employee who is assigned to work as a “Lead Hand” shall receive a Lead Hand premium of

one ($1.00) dollar per hour for all hours worked on each shift.

31.05 Any Employee who is assigned to work as a “Wareswash Disassembler” shall receive a premium of one ($1.00) dollar per hour for all hours worked on each shift.

31.06 Any active Employee who is assigned to work Airside shall receive a DA Premium of seventy-

five ($0.75) cents per hour for all hours worked on each shift.

ARTICLE 32 – TOOL ALLOWANCE

32.01 Subject to management approval, and upon presentation of an original receipt, the Company agrees to provide up to three hundred ($300.00) per year for the cost of replacement tools.

Page 37: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

37

Effective, April 1, 2017, increase tool allowance to $400.00 per year, for the cost of replacement tools.

ARTICLE 33 – AVOP/SECURITY/OTHER LICENSES

33.01 In the event the Company requires Employees to have upgraded motor vehicle licenses the Company will provide for training at its cost. The preceding sentence does not apply to Employees who apply for a job posting requiring such motor vehicle licenses and who do not possess the required licenses at the time the posting is awarded.

33.02 Any Employee who is required as part of his/her job to possess a license, security clearance or

special certification (“required credential”) such as a Security Restricted Area Identification Card (RAIC), Airside Vehicle Operators Permit (AVOP) applicable driver’s or motor vehicle license, skilled trades license, or any provincially regulated license(s) that may be required in the future, will be required to obtain and maintain such required credential as an ongoing condition of employment. The Company is responsible for identifying those Employees who must possess any required credential.

33.03 Any employee who is required to possess an AVOP or a RAIC will not suffer a loss of wages for

the purposes of renewing his/her AVOP or RAIC provided he/she is scheduled to do so within his/her shift. For any Employee who is scheduled to renew his/her AVOP or RAIC outside of his/her shift, he/she shall be reimbursed a maximum of two (2) hours at his/her regular rate of pay for each required renewal.

33.04 An Employee identified in Article 33.02 above who fails to obtain and/or maintain such required

credential will have the following options, provided there is a reasonable expectation that such required credential will be obtained/renewed and provided that the inability to obtain/renew such required credential is not a result of circumstances that will prohibit an employee from being able to obtain or renew the required credential and further provided that the loss of the required credential is not due to misconduct that would otherwise have resulted in discharge for cause.

a) May commence a voluntary lay-off, not to exceed one hundred and eighty (180) days, from

the date of the loss of required credential, for the purpose of obtaining a reinstatement of such required credential. For the purposes of this paragraph, the mandatory ninety (90) day lay-off period of Article 8.05(g) and the twelve (12) month recall period of Article 8.07(i) shall not apply.

b) May bid to an available vacancy for which the Employee possesses the necessary

qualifications, skills and ability to perform the work up to the expiration of the 180-day period referenced in Article 33.04(a) above.

Page 38: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

38

ARTICLE 34 – REPORTING FOR WORK

34.01 The Company agrees that an Employee reporting for work at the commencement of his/her regular shift, unless previously notified not to report, shall be entitled to a minimum of four (4) hours work with pay at his/her basic hourly wage rate or payment in lieu thereof if sent home prior to the completion of eight (8) hours work. An Employee so affected will perform such temporary related or department work as is available in order to qualify for payment. The foregoing shall not apply if failure to supply work is due to conditions beyond the control of the Company.

ARTICLE 35 – TRAINING

35.01 Subject to resource and operational considerations, the Company will make a reasonable attempt to offer training for specific positions selected at the Company’s discretion to gain the skills and experience necessary to enable them to be pre-qualified for potential future opportunities requiring greater skills.

35.02 All training and upgrading conducted by the Company at its facilities shall be fully paid for by

the Company.

35.03 Such training will be offered to full-time Employees by seniority who have signed a voluntary sign up list.

35.04 Employees who choose to be trained on different jobs than they are currently assigned to, may be

required to vary their scheduled start times for purposes of the initial training and for a period of three (3) weeks thereafter.

35.05 After the initial training, the Company reserves the right to schedule the Employees, from time to

time, but not in excess of two (2) days per month except with the consent of the Employee, on the jobs for which they were initially trained in order to stay current with airline specifications/menus. The Company will provide the aforementioned Employees with seventy- two (72) hours’ notice.

ARTICLE 36 – HEALTH AND SAFETY

36.01 The Company and the Union shall continue to ensure that their due diligence and all obligations as noted in the Ontario Occupational Health and Safety Act are met. Through the PRIDE and SQUAD Teams, all health and safety concerns will be investigated an addressed. The Company will also continue to make reasonable provisions for the health and safety of all its employees during the hours of employment. The Union agrees to assist and support the Company to maintain proper observation of all health and safety rules and policies.

Page 39: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

39

ARTICLE 37 – GENERAL

37.01 For the purposes of interpretation whenever the masculine gender is used in this Agreement, it shall be deemed to include the feminine, and the singular shall include the plural and vise versa, wherever the context so requires.

37.02 Work of the Bargaining Unit

a) Employees not covered by this Agreement shall not perform work normally performed by

members of the bargaining unit while seniority bargaining unit Employees who are qualified to perform such work are laid off or working less than a standard work week, nor to deprive them of overtime which would normally be assigned to them, except:

i. For the purpose of instruction or training, or

ii. During emergency or training situations. For the purposes of this article

emergency is defined as conditions or circumstances beyond the control of the company.

b) The above does not apply to supervisors replacing clerks for breaks or lunches.

c) Any grievance dealing with this issue shall immediately proceed to step 3 to be

addressed by the General Manager.

37.03 Union will not actively seek clerks or load control clerks in Flight Kitchen or bring it to the attention of the Ontario Labour Board.

37.04 Any Employee, who so desires it, shall have the right to review his/her personnel record in the

presence of the Steward and a member of Management, upon making a request for same in advance. Such review is to take place at such time and place as may be designated by Management. The Company will make every reasonable effort to schedule such review as promptly as possible following the request.

ARTICLE 38 – DURATION OF AGREEMENT

38.01 This Agreement shall become effective on April 1, 2015 unless specified otherwise herein and shall remain in full force and effect until March 31, 2021 and shall continue in effect from year to year thereafter, unless either party gives written notice not more than ninety (90) days and not less than thirty (30) days prior to the expiration date of its desire to amend this Agreement.

Page 40: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

40

LOW COST CARRIER (“LCC”) / REGIONAL CARRIER (“RC”)

The following will apply to any new (future) low cost carrier airline or regional jet business. The provisions in the Collective Agreement shall apply with the following exceptions:

1) The following classifications will be created to work on any LCC or RC business:

Assembly/General Help

2) Wage Rate:

Ø The wage rates for the above classification are identified in the Wage Schedule.

3) Statutory Holidays:

Ø Employees are entitled to receive the following statutory holidays:

New Year’s Day Victoria Day Thanksgiving Day Family Day Canada Day Christmas Day Good Friday Labour Day Boxing Day

4) Shift Premiums:

Any employee who is assigned to a “night” shift shall receive a shift premium of twenty-five ($0.25) cents per hour for all hours worked on each such shift.

5) Vacation:

Ø Employees who have been employed less than one (1) year shall be paid vacation pay equal to

four percent (4%) of gross earnings in accordance with the Ontario Employment Standards Act.

Ø Employees who have completed one (1) year of service but less than five (5) years in any year shall receive two (2) weeks’ vacation with pay. Vacation pay for these employees is to be calculated at four percent (4%) of gross earnings.

Ø Employees who have completed five (5) or more years of service in any year shall

receive three (3) weeks’ vacation with pay. Vacation pay for those employees is to be calculated at six (6%) percent of gross earnings.

6) Benefits:

Benefits provided as per Appendix “A” with the exception that the co-pay as it relates to Drugs, Major Medical and Dental shall be eighty (80) percent Employer paid / twenty (20) percent Employee paid.

Page 41: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

41

7) Pension Plan:

Employees shall be eligible for the new hire pension benefit (1%) as defined in Article 22.

8) Job Vacancies:

Employees are eligible to apply for any open position within the bargaining unit and if awarded a position outside of the LCC/RC operation, may be held until his/her replacement is trained. However, any non-LCC/RC employee who is displaced to an LCC/RC position because he is unable to hold any other position based on his/her seniority shall be grandfathered to his/her current wage rate, seniority, and for all benefits, vacation and pension purposes, provided such employees bid to the first available position in the classification from which they were originally displaced from.

9) Operations:

Ø LCC/RC Employees may only be used in the LCC/RC operation and may not be cross-

utilized with the non-LCC/RC operation. Further, the operation shall be in a separately designated area.

Ø The LCC Operation shall not provide service to existing mainline carriers currently

serviced by the Company.

10) Definitions:

LCC/RC carriers are currently defined as the following:

Ø Jazz (except for the twelve-month period following the termination of the current bargaining unit work)

Ø Porter

Ø Rouge

Ø WestJet

If a new carrier is identified by the Company as an LCC/RC, the parties agree to meet and review this designation. If the Union is not in agreement with the designation, it may submit the issue to expedited arbitration using a mutually agreed to arbitrator to resolve the matter and further provided the hearing can be heard in 30 days. If unable to mutually agree to an arbitrator within the 30-day time line, either party may apply for an expedited arbitration through the Minister of Labour for the Province of Ontario. The

Page 42: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

42

parties agree that such arbitrator shall have jurisdiction to decide if the new carrier is low cost or not.

The Company may utilize Employees outside of the LCC/RC Operations to ensure continuity of operations, provided such Employees are compensated and treated in all respects pursuant to the non-LCC/RC terms of the Collective Agreement.

January 20, 2015

Page 43: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

43

Re: Health and Safety

During the 2014/15 round of negotiations, the Union and the Company discussed the importance of Health and Safety in the Workplace. To that effect, the parties agreed to this joint letter.

The Company and Union recognize their mutual obligations and responsibilities under the Occupational Health and Safety Act of Ontario. Both parties agree to make efforts to ensure a “safety first attitude” by making safety a core value and principle in the workplace.

Additionally, the parties would like to remind all employees, including members of the management team that each and every employee has a role to play in keeping the workplace safe and healthy. Each and every employee has an obligation to work safely and report any health and safety hazard(s) immediately to their supervisor.

The Occupational Health and Safety Act provides employees with the right to participate and be a part of the process of identifying and resolving health and safety concerns through the Joint Health and Safety Committee (PRIDE and SQUAD); the right to know about any hazards to which they may be exposed to; and the right to refuse unsafe work which is dangerous.

During negotiations, the parties also reconfirmed their on-going commitment to the Joint Health and Safety Committee (PRIDE and SQUAD).

Sincerely,

Martin Cerqua Carlo Chiazza Vice President & Business Agent General Manager Teamsters Local 647 Toronto Flight Kitchen

Signed at this day of

FOR THE COMPANY: FOR THE UNION:

Martin Cerqua (President)

Page 44: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

44

Gurpreet Nagar (Business Representative)

Page 45: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

45

SCHEDULES “A” & “B” – CLASSIFICATIONS AND WAGES

Wage Increases and Rates of Pay as follows:

1. Effective Ratification;

All active employees on the date of ratification shall receive a one-time only lump sum payment of $500, less deductions.

2. Effective 1st pay period following April 1, 2016

All active employees shall receive a one-time only lump sum payment of $500, less deductions.

3. Effective on the first pay period in April 2018

a) 2% general wage increase to all classifications (Schedules “A” and “B”)

b) The wage increase that is to take effect in April 2018 shall only be implemented

if this collective agreement remains in effect for the fourth year.

4. Effective on the first pay period in April 2019

a) 2% general wage increase to all classifications (Schedules “A” and “B”) b) The wage increase that is to take effect in April 2019 shall only be implemented

if this collective agreement remains in effect for the fifth year.

5. Effective on the first pay period in April 2020

2.5% general wage increase to all classifications (Schedules “A” and “B”)

6. The Company will evaluate and consider the market rate for all classifications for upward adjustment only.

Page 46: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

46

LETTER OF UNDERSTANDING

Between

Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647 (hereinafter referred to as the Union)

and

Gate Gourmet Canada Inc.

(hereinafter referred to as the Company)

RE: CONTRACTING OUT/IN PROTECTION;

Effective from date of ratification, up to and including March 31, 2021, the Company shall not contract out or in, any work that is currently performed by members of the bargaining unit.

Signed at Mississauga, Ontario this 9th day of April 2015

Page 47: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

47

FOR THE COMPANY: FOR THE UNION:

Tony Bralich Martin Cerqua (President)

Steve Shemluck Gurpreet Nagar (Business Representative)

Page 48: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

48

Tony Palmieri

Page 49: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

49

APPENDIX “A

Benefits Summary;

The Employer shall not eliminate or reduce any of the benefits listed below.

Eligibility Full time employees are eligible on the first day of the month following the completion of 60 calendar days of employment.

Drug Card Yes

All employees hired on or after August 7, 2012 shall participate in a 20% co-pay for Extended Health, Drug, Major Medical and Dental Benefits.

BASIC LIFE

Benefit Formula 1x Salary

Termination Age 70 or earlier retirement

Effective April 1, 2017, increase Life Insurance benefit to 2x (two times) Salary.

ACCIDENTAL DEATH & DISMEMBERMENT

Benefit Formula 1x Salary

Termination Age 70 or earlier retirement

Coverage Reduction 50% at age 65

Page 50: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

50

SHORT TERM DISABILITY (effective January 1, 2016)

Benefit Formula 66.7% of gross earnings

Weekly Maximum E.I. Maximum

Benefit Payable 3rd day accident; 6th day sickness

Benefit Period 26 weeks

Taxable Benefit

Effective April 1, 2017, increase the Short-Term Disability Plan benefit payable to 1st day accident; 4th day sickness.

EXTENDED HEALTH BENEFIT

DRUG BENEFIT **Drug Card**

a) Plan Type Prescription Drugs b) Co-Payment NIL c) Annual Deductible NIL d) Dispensing Fee Plan pays up to $7 per prescription e) Per Individual Maximums Unlimited f) Includes: $500/individual/lifetime for Smoking cessation products; $3,000/individual/lifetime for Fertility drugs; Lancets

Covered

Page 51: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

51

MAJOR MEDICAL BENEFIT

Annual Deductible Applicable $25 per person $50 per family

Co-payment NIL Schedule of Benefits: Paramedical Services: Psychologist Chiropractor Naturopath Podiatrist or Chiropodist Speech Therapist Osteopath Acupuncturist Social Workers Massage Therapy (Doctor’s note required)

$1,000 per calendar year (combined maximum)

Paramedical Services: Physiotherapy Athletic Therapy

$1,000 per calendar year (combined maximum)

Private Duty Nursing $15,000 per calendar year Medical Equipment Covered, subject to plan limitations Medical Prosthesis Covered, subject to plan limitations Medical Supplies Covered, subject to plan limitations Ambulance Services Covered Hearing Aids $500 every 3 calendar years Orthotics $300 per calendar year (prescription required) Orthopaedic Shoes (Custom made) Combined with Orthotics maximum Orthopaedic (Modifications) Combined with Orthotics maximum Eye Exams $80 per visit every 24 months Survivor Benefit 2 years Overall Lifetime Health Maximum (includes Drugs, Hospital and Vision)

Unlimited

Out-of-Country Emergency Covered, subject to plan maximum

Page 52: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

52

HOSPITALIZATION BENEFIT

Semi Private Accommodation Up to $175 per day Convalescent Hospital Up to $175 per day

VISION BENEFIT

Vision Care Benefit

$200/every 24 months for each other covered person $150/every 12 months for covered dependent child under age 19 Effective, April 1, 2017, increase $200 benefit to $300/every 24 months.

Glasses Maximum Included, subject to vision care limit Contact Lenses Coverage Included, subject to vision care limit Laser Surgery Benefit Included, subject to vision care limit Vision co-insurance 100%

DENTAL BENEFIT

a) Annual Deductible Applicable $25 per person $50 per family

b) Recall Frequency: 9 months Yes c) Fee Guide Year Current d) Fee Guide Based on province of employee residence Yes e) Level 1: Basic Restorative; 100% Level 2: Periodontics & Endodontics; 100% g) Level 3: Major; Coinsurance percentage 50% h) Annual Maximum; Level 1, 2 & 3 Combined $1,500 i) Orthodontics 50% (children only) j) Lifetime Maximum for Orthodontics per dependent child under age 19

$2,000

k) Survivor Benefit 2 years

TERMINATION AGE

a) Benefit Maximum Age 70

Page 53: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

53

DEPENDENT INFORMATION

a) Dependent Age 21

b) Student Age 25 (full-time student)

This Benefit Summary is prepared as information only and does not, in itself, constitute a contract. The exact terms and conditions of your group benefits plan are described in the Policy/Plan Documents held by Gate Gourmet Canada. In the event of a discrepancy between this Benefit Summary and the Policy/Plan Documents, the terms of the Policy/Plan Documents shall prevail.

Page 54: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

54

Schedule “A”

Effective for All Employees Hired Before August 7, 2012

Effective April 1, 2015 to March 31, 2015

Classification 3rd Anniversary 1st Cook 21.40 1st Baker 21.40 2nd Cook 20.40 Kitchen Assistant 19.50 Equipment Stores 19.50 Boutique/Bar Builder/Assembler/Commissary Clerk 19.50 Foods Stores 19.50 Food Stores Assistant 17.80 Distribution Centre 19.50 Hi Lift Truck Driver (D License) * 21.40 Building Maintenance (Non-Licensed) 21.40 Licensed Building Maintenance 28.00 Licensed Vehicle Maintenance 28.00 Customer Service 21.40 Lead Dispatch 20.40 Final Assembler 19.50 Loader/Driver/Runner (G License) ** 19.50 Wares Wash 16.03 Wares Wash Disassembler 16.03 Make & Pack 17.80 Food Assembly 17.80 Galley Builder 18.70 Retail Kitchen 11.80

* Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 55: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

55

Schedule “A”

Effective for All Employees Hired Before August 7, 2012

Effective to March 31, 2019

Classification 3rd Anniversary 1st Cook 21.83 1st Baker 21.83 2nd Cook 20.81 Kitchen Assistant 19.89 Equipment Stores 19.89 Boutique/Bar Builder/Assembler/Commissary Clerk 19.89 Foods Stores 19.89 Food Stores Assistant 18.16 Distribution Centre 19.89 Hi Lift Truck Driver (D License) * 21.83 Building Maintenance (Non-Licensed) 21.83 Licensed Building Maintenance 28.56 Licensed Vehicle Maintenance 28.56 Customer Service 21.83 Lead Dispatch 20.81 Final Assembler 19.89 Loader/Driver/Runner (G License) ** 19.89 Wares Wash 16.35 Wares Wash Disassembler 16.35 Make & Pack 18.16 Food Assembly 18.16 Galley Builder 19.07 Retail Kitchen 12.04

* Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 56: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

56

Schedule “A”

Effective for All Employees Hired Before August 7, 2012

Effective First Pay Period in April 2019

Classification 3rd Anniversary 1st Cook 22.26 1st Baker 22.26 2nd Cook 21.22 Kitchen Assistant 20.29 Equipment Stores 20.29 Boutique/Bar Builder/Assembler/Commissary Clerk 20.29 Foods Stores 20.29 Food Stores Assistant 18.52 Distribution Centre 20.29 Hi Lift Truck Driver (D License) * 22.26 Building Maintenance (Non-Licensed) 22.26 Licensed Building Maintenance 29.13 Licensed Vehicle Maintenance 29.13 Customer Service 22.26 Lead Dispatch 21.22 Final Assembler 20.29 Loader/Driver/Runner (G License) ** 20.29 Wares Wash 16.68 Wares Wash Disassembler 16.68 Make & Pack 18.52 Food Assembly 18.52 Galley Builder 19.46 Retail Kitchen 12.28

* Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 57: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

57

Schedule “A”

Effective for All Employees Hired Before August 7, 2012

Effective First Pay Period in April 2020

Classification 3rd Anniversary 1st Cook 22.82 1st Baker 22.82 2nd Cook 21.75 Kitchen Assistant 20.79 Equipment Stores 20.79 Boutique/Bar Builder/Assembler/Commissary Clerk 20.79 Foods Stores 20.79 Food Stores Assistant 18.89 Distribution Centre 20.79 Hi Lift Truck Driver (D License) * 22.82 Building Maintenance (Non-Licensed) 22.82 Licensed Building Maintenance 29.86 Licensed Vehicle Maintenance 29.86 Customer Service 22.82 Lead Dispatch 21.75 Final Assembler 20.79 Loader/Driver/Runner (G License) ** 20.79 Wares Wash 17.09 Wares Wash Disassembler 17.09 Make & Pack 18.89 Food Assembly 18.89 Galley Builder 19.94 Retail Kitchen 12.54

* Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 58: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

58

SCHEDULE “B”

Employees Hired On or After August 7, 2012

Effective April 1, 2015 to March 31, 2018 Classifications Start 3Mo 6Mo Yr1 Yr2 Yr3 Yr4 Yr5

1st Cook 17.50 17.75 18.00 18.25 19.00 19.75 20.75 21.40 1st Baker 17.50 17.75 18.00 18.25 19.00 19.75 20.75 21.40 2nd Cook 14.11 14.36 14.61 14.75 15.25 16.00 17.00 18.42 Kitchen Assistant 13.25 13.30 13.40 13.50 14.25 15.00 15.75 17.13 Equipment Stores 13.25 13.45 13.55 13.60 13.85 14.25 14.75 15.92 Boutique/Bar Builder /Assembler/Commissary Clerk

13.00

13.10

13.30

13.48

13.96

14.44

14.92

16.03

Foods Stores 13.25 13.30 13.40 13.50 14.25 15.00 15.75 17.13 Food Stores Assistant 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Distribution Centre 13.35 13.45 13.55 13.60 13.85 14.25 14.75 15.92 Hi Lift Truck Driver (D License)* 17.50 17.75 18.00 18.25 19.00 19.75 20.75 21.40 Building Maintenance (Non Licensed)

16.00

16.50

17.50

18.25

19.00

19.75

20.75

21.40

Licensed Building Maintenance 28.00 28.00 28.00 28.00 28.00 28.00 28.00 28.00 Licensed Vehicle Maintenance 28.00 28.00 28.00 28.00 28.00 28.00 28.00 28.00 Customer Service 17.50 17.75 18.00 18.25 19.00 19.75 20.75 21.40 Lead Dispatch 14.11 14.36 14.61 14.75 15.25 16.00 17.00 18.42 Final Assembler 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Loader/Driver/Runner (G License)**

13.70

13.80

13.90

13.95

14.20

14.55

14.90

16.03

Wares Wash 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Wares Wash Disassembler 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Make & Pack 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Food Assembly 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Galley Builder 13.00 13.10 13.30 13.48 13.96 14.44 14.92 16.03 Retail Kitchen 11.30 11.40 11.60 11.78 12.26 12.64 13.12 14.16 Low Cost Carrier – Assembly/General Help

13.00

13.15

13.30

13.45

13.70

14.05

14.25

14.75

Student 10.00 10.55 * Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 59: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

59

SCHEDULE “B”

Employees Hired On or After August 7, 2012

Effective First Pay Period in April 2018 Classifications Start 3Mo 6Mo Yr1 Yr2 Yr3 Yr4 Yr5

1st Cook 17.85 18.11 18.36 18.62 19.38 20.15 21.17 21.83 1st Baker 17.85 18.11 18.36 18.62 19.38 20.15 21.17 21.83 2nd Cook 14.39 14.65 14.90 15.05 15.56 16.32 17.34 18.79 Kitchen Assistant 13.52 13.57 13.67 13.77 14.54 15.30 16.07 17.47 Equipment Stores 13.52 13.72 13.82 13.87 14.13 14.54 15.05 16.24 Boutique/Bar Builder/ Assembler/Commissary Clerk

13.26

13.36

13.57

13.75

14.24

14.73

15.22

16.35

Foods Stores 13.52 13.57 13.67 13.77 14.54 15.30 16.07 17.47 Food Stores Assistant 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Distribution Centre 13.62 13.72 13.82 13.87 14.13 14.54 15.05 16.24 Hi Lift Truck Driver (D License)*

17.85

18.11

18.36

18.62

19.38

20.15

21.17

21.83

Building Maintenance (Non Licensed)

16.32

16.83

17.85

18.62

19.32

20.15

21.17

21.83

Licensed Building Maintenance 28.56 28.56 28.56 28.56 28.56 28.56 28.56 28.56 Licensed Vehicle Maintenance 28.56 28.56 28.56 28.56 28.56 28.56 28.56 28.56 Customer Service 17.85 18.11 18.36 18.62 19.38 20.15 21.17 21.83 Lead Dispatch 14.39 14.65 14.90 15.05 15.56 16.32 17.34 18.79 Final Assembler 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Loader/Driver/Runner (G License)**

13.97

14.08

14.18

14.23

14.48

14.84

15.20

16.35

Wares Wash 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Wares Wash Disassembler 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Make & Pack 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Food Assembly 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Galley Builder 13.26 13.36 13.57 13.75 14.24 14.73 15.22 16.35 Retail Kitchen 11.53 11.63 11.83 12.02 12.51 12.89 13.38 14.44 Low Cost Carrier – Assembly/General Help

13.26

13.41

13.57

13.72

13.97

14.33

14.54

15.05

Student 10.76 * Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 60: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

60

SCHEDULE “B”

Employees Hired On or After August 7, 2012

Effective First Pay Period in April 2019 Classifications Start 3Mo 6Mo Yr1 Yr2 Yr3 Yr4 Yr5

1st Cook 18.21 18.47 18.73 18.99 19.77 20.55 21.59 22.26 1st Baker 18.21 18.47 18.73 18.99 19.77 20.55 21.59 22.26 2nd Cook 14.68 14.94 15.20 15.35 15.87 16.65 17.69 19.16 Kitchen Assistant 13.79 13.84 13.94 14.05 14.83 15.61 16.39 17.82 Equipment Stores 13.79 13.99 14.10 14.15 14.41 14.83 15.35 16.56 Boutique/Bar Builder/ Assembler/Commissary Clerk

13.53

13.63

13.84

14.02

14.52

15.02

15.52

16.68

Foods Stores 13.79 13.84 13.94 14.05 14.83 15.61 16.39 17.82 Food Stores Assistant 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.68 Distribution Centre 13.89 13.99 14.10 14.15 14.41 14.83 15.35 16.56 Hi Lift Truck Driver (D License)*

18.21

18.47

18.73

18.99

19.77

20.55

21.59

22.26

Building Maintenance (Non Licensed)

16.65

17.17

18.21

18.99

19.77

20.55

21.59

22.26

Licensed Building Maintenance 29.13 29.13 29.13 29.13 29.13 29.13 29.13 29.13 Licensed Vehicle Maintenance 29.13 29.13 29.13 29.13 29.13 29.13 29.13 29.13 Customer Service 18.21 18.47 18.73 18.99 19.77 20.55 21.59 22.26 Lead Dispatch 14.68 14.94 15.20 15.35 15.87 16.65 17.69 19.16 Final Assembler 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.88 Loader/Driver/Runner (G License)**

14.25

14.36

14.46

14.51

14.77

15.14

15.50

16.68

Wares Wash 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.88 Wares Wash Disassembler 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.88 Make & Pack 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.88 Food Assembly 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.88 Galley Builder 13.53 13.63 13.84 14.02 14.52 15.02 15.52 16.88 Retail Kitchen 11.76 11.86 12.07 12.26 12.76 13.15 13.65 14.73 Low Cost Carrier – Assembly/General Help

13.53

13.63

13.84

13.99

14.25

14.62

14.83

15.35

Student 10.98 * Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 61: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

61

SCHEDULE “B”

Employees Hired On or After August 7, 2012

Effective First Pay Period in April 1 2020 Classifications Start 3Mo 6Mo Yr1 Yr2 Yr3 Yr4 Yr5

1st Cook 18.66 18.93 19.20 19.46 20.26 21.06 22.13 22.82 1st Baker 18.66 18.93 19.20 19.46 20.26 21.06 22.13 22.82 2nd Cook 15.05 15.31 15.58 15.73 16.26 17.06 18.13 19.64 Kitchen Assistant 14.13 14.18 14.29 14.40 15.20 16.00 16.80 18.27 Equipment Stores 14.13 14.34 14.45 14.50 14.77 15.20 15.73 16.98 Boutique/Bar Builder/ Assembler/Commissary Clerk

13.86

13.97

14.18

14.38

14.89

15.40

15.91

17.09

Foods Stores 14.13 14.18 14.29 14.40 15.20 16.00 16.80 18.27 Food Stores Assistant 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Distribution Centre 14.24 14.34 14.45 14.50 14.77 15.20 15.73 16.98 Hi Lift Truck Driver (D License)*

18.66

18.93

19.20

19.46

20.26

21.06

22.13

22.82

Building Maintenance (Non Licensed)

17.06

17.60

18.66

19.46

20.26

21.06

22.13

22.82

Licensed Building Maintenance 29.86 29.86 29.86 29.86 29.86 29.86 29.86 29.86 Licensed Vehicle Maintenance 29.86 29.86 29.86 29.86 29.86 29.86 29.86 29.86 Customer Service 18.66 18.93 19.20 19.46 20.26 21.06 22.13 22.82 Lead Dispatch 15.05 15.31 15.85 15.73 16.26 17.06 18.13 19.64 Final Assembler 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Loader/Driver/Runner (G License)**

14.61

14.72

14.82

14.88

15.14

15.52

15.89

17.09

Wares Wash 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Wares Wash Disassembler 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Make & Pack 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Food Assembly 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Galley Builder 13.86 13.97 14.18 14.38 14.89 15.40 15.91 17.09 Retail Kitchen 13.86 12.16 12.37 12.56 13.07 13.48 13.99 15.10 Low Cost Carrier – Assembly/General Help

13.86

14.02

14.18

14.34

14.61

14.98

15.20

15.73

Student 11.22 * Those that approach and dock with an aircraft ** Those that drive up to an aircraft

Page 62: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

62

Who is Teamsters Canada?

At the turn of the century, drivers were delivering merchandise with teams of horses drawing the wagons, wherefrom the name Teamsters. The two horses in our logo the male horse named Thunder and the female horse named Lightening are looking in opposite directions, represent the two rival unions that joined forces in 1903 to form the International Brotherhood of Teamsters. The middle circle of the logo represents the wheel of a horse-drawn wagon.

It was during these early years that the Teamsters earned a reputation for being a strong, dynamic, militant Union that stood up for its rights and its jurisdictions.

The Canadian Conference of Teamsters was created in 1976; this was done in recognition of the special needs, interests and aspirations of its Canadian membership. The Canadian membership has grown from 74,000 members to more than 115,000 members today.

In 1995, Teamsters Canada negotiated the terms of a proposed Canadian sovereignty amendment to the International Constitution, which would grant Teamsters Canada more autonomy and control over Canadian membership issues.

Since 2001, a major change to the International Constitution recognizes the autonomy of Teamsters Canada.

Page 63: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

63

Teamsters Canada Services

Teamsters Canada represents approximately 115,000 members across the country in various industry sectors. The Teamsters’ national office is in Laval, Quebec. Two other regional offices are located in Ontario and British Columbia.

Evolving services

Due to its rich experience, our Union has developed appropriate tools over the years in an effort to better help our members. Historically, Unions restricted themselves to negotiating Collective Agreements and dealing with members’ grievances. Times have changed, as well as laws, and we have adapted. Our services are set up to better respond to the new realities of our members.

Strike funds

To be ready to confront the Employer and establish our position of power in negotiations, Teamsters Canada created a Canadian strike fund in 1994. (Strike pay currently $300.00 per week).

Communications

Teamsters Canada has its own website, (www.teamsters.ca), which is updated regularly. All Union news is reported there. In addition, the Communications Department puts out a magazine as well as information brochures for members. Lastly, it supports Local Unions during press briefings (preparation, organization, etc.).

Union training

A number of training courses are offered across the country. These courses, which are regularly offered to Shop Stewards, accident prevention officers, Union advisors, etc., are developed and updated regularly to consider new realities in the work world, changes in legislation and jurisprudence, in accordance with the needs of the members we represent. Various courses are offered, such as: psychological harassment, violence in the workplace, collective bargaining, grievance procedure, occupational health and safety, etc.

Government lobbyists

Due to current government policies, our Union has decided to get involved in various political parties in order to better pressure the governments elected. Our Union is the only one in Canada to have in its ranks two people whose sole mandate is to lobby the government. The mission of these lobbyists is to make our union position and our demands known, so that new legislation and amendments reflect our vision. They have been called to participate in a number of important matters, including occupational health and safety, etc.

Student scholarships and essay contests

Page 64: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

64

In order to help high school seniors in their studies, each year in Canada, 15 academic scholarships of $1,000 and $10,000 are disbursed to Teamster members’ children planning to attend a four-year university or college program.

$ 2,000 awards for use at community colleges and trade schools.

In addition, in an essay contest, young people can submit a text for a chance to win one of five $1,000 scholarships awarded throughout the country.

Online application process can be found on the James R. Hoffa Memorial Scholarship Fund’s website: www.jrhmsf.org

Teamsters Canada offers scholarships as well, information and application process can be found on the Teamsters Canada website: www.teamsters.ca

Research

In-depth ongoing research underlies the collective bargaining process. Teamsters specialists are ready for any eventuality, as they are constantly compiling the results of their research. Teamsters’ specialization and research departments are supported and backed by the general executive and the International Brotherhood, whose head office is in Washington.

Organizing

For Teamsters Canada’s President, organizing is a priority because it is the essence and the heart of a good Labour Union. Our Canadian Organizing Director, with the help of representatives from every part of the country and in collaboration with Local Unions’ organizers, works to build the Canadian Teamsters membership. Their main role is to organize the non-Unionized and the misrepresented members. One must not forget however that the best organizers come from within our ranks.

Affiliations

With the rise of globalization, as a large, strong Union, it was necessary to adapt and create relationships with provincial organizations (worker federations), national organizations (Canadian Labour Congress) and international organizations (ITUC and IBT). Teamsters play an active role in these associations, so that, in their actions, they will take into account the interests of the members we represent.

ï International Trade Union Confederation (ITUC)

http://www.ituc-csi.org

ï Canadian Labour Congress (CLC) http://canadianlabour.ca/

Page 65: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

65

ï District Labour Councils http://canadianlabour.ca/index.php/Conseils_du_travail?language=en

ï Federation of Labour http://canadianlabour.ca/index.php/Kevinerations_fr?language=en

Over the past decades, Unions decided to make use of these organizations to coordinate various services, in order to support each other in various recruitment drives and during disputes.

Women’s Committee

Due to the ever-growing number of women in our organization, our Union sits on the Canadian Labour Congress (CLC) and International Brotherhood of Teamsters (IBT) women’s committees.

Teamsters Youth Committee

During a meeting held in January 2009, the Teamsters Canada Executive Board voted in favour of the creation of a national Youth Committee in its organization. On June 9, 2009, during the 10th Convention of Teamsters Canada, a resolution to this effect was adopted unanimously by the attending delegates.

In order to set up this Committee, each Joint Council and Conference was asked to appoint representatives aged below 35 years to this Committee. In total, 15 youth, men and women of various ages, backgrounds and religions, were appointed. They represent various regions and fields of activity.

The Committee’s mandate is, amongst other things, to provide a voice for young members, advise Teamsters Canada on matters of interest to young members and support Teamsters Canada in its activities.

The Committee’s main goal is to unite the young members of different Local Unions through local, regional, provincial and national networks. Youth account for a significant percentage of Teamsters members and represent a powerful resource for the union. The Committee deems that the active participation of young members will give the union more leverage at the bargaining table, during organizing campaigns and in the political arena.

Page 66: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

66

Grievance, Complaint, Disagreement

The Grievance

The grievance is a mechanism negotiated by both parties to a Collective Agreement, the Employer and Union, to settle disputes and of which they are sole owners. This is why a grievance cannot be filed against another employee. This is also why the Union is the only one to decide if a grievance will proceed to arbitration. A grievance originates from any violation of the collective agreement. Grievances are also used to clarify ambiguous clauses that are hard to interpret, and when disciplinary measures have been taken. Lastly, subsequent to the 2004 decision by the Supreme Court of Canada, a grievance can be filed every time a provision of labour legislation is infringed. Therefore, for a grievance procedure to defend one’s rights, there is an essential condition. There has to be an article in the collective agreement that provides for that right, whether it is an article on overtime work, seniority, work schedule, statutory holidays, workplace health and safety, etc., or a violation of labour laws.

In concrete terms, if an employer acts or takes a decision that violates the collective agreement or a Labour Law, there is ground for grievance. For instance, the Employer posts a position according to hiring provisions described in the Collective Agreement. Two employees bid on that position which is granted to the junior employee. This is contrary to seniority provisions provided in the Collective Agreement and it is the senior employee’s right to file a grievance. The purpose of his grievance is to demonstrate that the Employer has violated provisions of the Collective Agreement and to force him to remedy the situation. Why should we bother going through the grievance procedure to settle a violation of the Collective Agreement? Why not just walk out until the Employer decides to “smarten up”. The answer is simple. It is illegal and unrealistic to think that labour disputes can be settled this way! It is illegal because, during the Collective Agreement, the Union and the Employer MUST settle their differences about the Collective Agreement without work stoppage.

The grievance procedure is the only way to settle problems arising from the interpretation and application of the Collective Agreement and Labor Laws during the terms of this same agreement. It is also agreed between the Union and the Employer that employees will not resort to strike action to settle grievances and the Employer agrees to settle disputes promptly. It may seem to you that the employee will be the losing party; remember that in non-unionized companies, the Employer is still the only one to manage, discipline and discharge employees as he wishes, and their only recourse is to file lawsuits, when and if they can.

Work Now, Grieve Later!

Even if there are grounds for a grievance, an employee cannot refuse to follow an order from the employer. Refusal to work is considered as insubordination. However, there are some exceptions to the rule “work now, grieve later”. There are situations where continuing to work could have

Page 67: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

67

consequences so severe for the employee that even if he wins his grievance, it would never allow him to overcome the prejudice he suffered (whether illegal or situations where the health and safety of the employee are at risk). Don’t grieve too late! Most collective agreements set a time limit and a procedure to follow in order to file a grievance. Follow the steps and time limits of your grievance procedure. You may end losing your grievance just because it was filed out of the delay, so be attentive to your time limits.

The Complaint

A complaint arises from any disagreement regarding the application or interpretation of a law. In this case, it is possible to resort to procedures set out pursuant to the law. For example, an employee is the victim of discrimination with respect to his age, race, colour, religion, sexual orientation or a handicap. He can file a complaint with the Human Rights Commission, but it is also possible to file a grievance, as this is an infringement of labour legislation. In the event of a complaint, the Shop Steward’s role is to inform the member of his rights and steer him toward the proper resources. In fact, a complaint is a personal remedy that only that person can institute. The union cannot take the initiative but must provide the member with support.

The Disagreement

The disagreement originates from a misunderstanding of an Employer’s decision with regard to a condition not covered by the Collective Agreement. It will therefore be possible for you to discuss with the Employer to try to settle the dispute.

Page 68: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

68

The Grievance Procedure & You!

Article 9 of your collective agreement is one of the most important in your contract!

The first thing to remember is all grievances should be discussed with the individual Union member, their Union Steward and Supervisors first. Hopefully, the issue is resolved verbally at the first opportunity. If the matter is not resolved, the member and the department Union Steward need to file a written grievance and have a meeting to discuss the matter in greater detail. Remember do not wait, collect all the related documents, schedules, paystubs, previous discipline, or anything that may be useful in explaining or proving your case.

Remember the 5 W’s

ï Who ï What ï Where ï Why ï When

Writing the Grievance

The ideal grievance should be written in such a way that it is short, simple, and specific. It should highlight who is involved, the problem, and request redress (full compensation). It should not go into arguments in the grievance form. The arguments and evidence will be dealt with in the grievance meetings. It is also important to note that the phrase “and/or any other clause in the collective agreement which may be applicable” must be included after the original problem statement. This allows the Union to argue the whole collective agreement not one article only. It is also important to ask what you want from the grievance. But always include “I request full redress including but not limited to” (a remedy that you are looking for) or, in disciplinary cases state “I request full compensation and my record made whole”. Always make sure to sign the grievance form.

Example Grievances:

Individual Contractual Grievance: The Company failed to offer me 4 hours of over-time on Tuesday March 4th when it used part-time employees before asking me to work. The Company violated articles 8, 9, & 19 and/or any other article the collective agreement that may be applicable. I request full redress including but not limited to the hours in question.

Group Contractual Grievance:

The Company failed to pay us correctly for the hours worked during the week of the statutory ending on July 6th.

Page 69: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

69

We request full redress including but not limited to being paid all outstanding wages

Violations of Employees Rights/Unfair Discipline Grievance:

I am protesting the suspension issued on September 1st without just cause and contrary to article 25 and/or any other article in the collective agreement that may be applicable. I believe that management did not act in a fair and reasonable manner. I request full compensation and my record made whole

Union Policy Grievance:

The Union protests the new Company policy without the Union agreement or approval. This policy violates the collective agreement and is an unfair & unreasonable exercise of their management rights. The Union requests full redress for all applicable members including the policy be withdrawn.

Labour Law Grievance:

The Union is protesting the high temperatures in our workplace that violates article 3 of the Collective Agreement and/or the Health & Safety Act of Ontario. The Union request full redress for all affected members and that immediate action be taken to resolve the problem.

Remember resolving the Grievance quickly and at the earliest step is very important.

Page 70: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

70

WSIB Rights & Obligations for Workers

Report All Workplace Injuries & Illnesses

What if someone gets injured at work or the work makes them ill?

1. Follow these key steps:

Ø Get first aid immediately, or medical care if needed.

Ø Tell the employer or supervisor about the injury or illness as soon as possible.

2. Remember if you are injured at work ?

Ø tell your employer immediately;

Ø get medical treatment right away if required!

When the WSIB registers the claim, they will send you a form 6 so you can describe what happened. You should complete, sign and send this form back to the WSIB as soon as possible. This is important because we need your signature to get your permission for your doctor to give your employer information to help with early and safe return to work.

If you get Medical treatment?

1. Tell the person treating you that the injury happened at work.

2. The doctor or person treating you needs to complete a report and send it to the WSIB so you can claim benefits. On the form there are places for you to give information about yourself and your employer.

When not to claim benefits;

Do not make a claim if ALL FOUR statements that follow are true:

1. only first aid treatment was required

2. you did not take any time off work

3. your pay was not affected

4. your job duties did not change as a result of the injury.

Page 71: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

71

5. The employer must pay you full wages for the day of injury.

What are my other responsibilities if injured at work?

Workers need to:

ï stay in contact with your employer while you recover

ï talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

Co-operation: a worker’s obligation

To get disability insurance benefits from the Workplace Safety and Insurance Board, a worker has an obligation to co-operate with the Company for a safe return to work.

If the worker refuses to co-operate and has no reasonable cause, the WSIB may reduce or suspend the worker's benefits.

What are the activities the injured worker must co-operate with? Workers must:

ï co-operate in the health care and prescribed treatment indicated by the WSIB

ï undergo a health examination at the direction of their health professional or the WSIB

ï provide information to the WSIB to assist in the adjudication of their claim and

ï co-operate in an early and safe return to work or labour market re-entry assessment and plan, as indicated by the WSIB.

Planning for an early and safe return to work

All workers and employers are required to co-operate in return to work efforts. In Ontario, returning an injured worker to work is a shared responsibility, primarily between the employer and the worker. Functional Abilities Form;

The Functional Abilities Form for Planning Early and Safe Return to Work (2647A) is a tool to help workers and employers meet their return to work obligation. When completed, it helps workers and employers arrange an early and safe return to work. The information gathered highlights what a worker can do after a workplace injury, what limitations apply, and whether the worker requires a specific period

Page 72: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

72

of “time to heal”. The Functional Abilities Form is completed at the request of either the worker or the employer. It does not replace Form 7 (Employer's Report of Injury/Disease), Form 8 (Health Professional's First Report) or any other reporting form required by the WSIB.

When do the workplace parties use the Functional Abilities Form?

Workers and employers can ask a health professional who is treating the worker to complete this form so they can have the functional abilities information that is needed to identify suitable work for the returning employee. With detailed information about the worker’s ability to lift, walk, stand, etc., the employer can identify possible job accommodations as part of a phased return to work while the worker continues to recover from the workplace injury/illness.

Who can complete the Functional Abilities Form?

This form can only be completed by a health professional who is treating the worker. This includes physicians, chiropractors, physiotherapists, etc. (a member of the College of a health professional as defined in The Regulated Professions Act, 1991). Workers & the Functional Abilities Form

Complete the Worker’s Signature section of the Functional Abilities Form to authorize the health professional who is treating you to release functional abilities information to your employer. Bring the signed form to your health professional and ask the health professional to complete the form. The employer must:

ï Pay the worker’s wages for the day or shift the injury occurred

ï Arrange and pay for transportation to get medical care if it is needed

ï Give you a copy of the accident report once it is completed.

When can workers claim benefits?

As a worker, you can claim benefits if you have:

ï received medical attention and/or

ï lost time or wages from work beyond the day of injury

ï continued to work, but on a reduced work schedule, at regular or reduced wages.

Page 73: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

73

What are my other responsibilities if injured at work?

You need to:

ï stay in contact with your employer while you recover

ï talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

Page 74: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

74

Someone Else

The Union was saddened to learn this week of the death of one of our most valuable member: Someone Else. Someone's passing created a vacancy that will be difficult to fill. Else had been with us for many years and for every one of those years, someone did far more than a normal person's share of the work. Whenever leadership was mentioned, this wonderful person was looked to for inspiration as well as results. Whenever there was a job to do or a meeting to attend, one name was on everyone's list: "Let Someone Else do it."

It was common knowledge that Someone Else would make up the difference. Someone Else was a wonderful person, sometimes appearing super-human; but a person can only do so much. Were the truth known, everybody expected too much of Someone Else. Now, Someone Else is gone. We wonder what we are going to do.

Someone Else left a wonderful example to follow, but who is going to follow?

Who is going to do all the things that Someone Else did?

If you have an opportunity to participate in the affairs of your union or your community, remember - we can't depend on Someone Else anymore.

If you are laid off, on sick leave, leave of absence, discharged or voluntarily leave your employment, make sure you apply to your local Union office for a withdraw card.

Do not ask your Stewards, Do not ask your Business Representative, the Responsibility is yours.

To be eligible member you must have your dues paid up and including the month in which you request the withdraw card.

Page 75: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

75

NOTES

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

Page 76: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

76

UNION CONTACT INFORMATION

Gate Gourmet Union Office Phone: # 905-405-4100 Ext. 4010

President & Principal Officer &

Business Representative:

Martin Cerqua

Work Phone: 905-760-0209

e-mail: [email protected]

979 Derry Road East

Mississauga, Ontario L5T 2J7

Trustee &

Business Representative:

Gurpreet Nagar

Work Phone: 905-760-0209 Cell: 416-705-6188

e-mail: [email protected]

979 Derry Road East

Mississauga, Ontario L5T 2J7

Teamsters Local Union Office

979 Derry Road East Mississauga, Ontario L5T 2J7

Web Site: www.teamsters647.ca

Phone: 905-760-0209 Tol free: 1 800-387-9924 Fax: 905-760-8615

e-mail: [email protected]

If you are off work for longer than one month, discharged or voluntarily leave your job make sure you apply to Teamsters Local Union office 1-800-387-9924 for a withdrawal card. The responsibility is yours.

Page 77: COLLECTIVE AGREEMENT BETWEEN: Gate Gourmet Canada Inc. … · 2019-03-19 · Steward from the Kitchen, one (1) Steward from Commissary, and one (1) Steward from Transportation in

77

COMPANY CONTACT INFORMATION

Gate Gourmet Canada

2498 Britannia Road East P.O. Box 99 Mississauga, Ontario L5P 1A2 905-405-4100 / 905-405-4152

HR Department Gate Gourmet Canada

John Davis Sr. Human Resources Manager 905-405-4152 ext. 4264 [email protected]

MEDICAL BENNEFIT’S & RRSP INFORMATION

Standard Life RRSP Client # RS103648

Phone: # 1-800-242-1704 Fax: # 1-866-499-4480

Green Shield (Health & Dental)

Phone: # 1-800-711-1119

Sun Life (Life Insurance) Contract # 100873

Phone: # 1-800-361-6212