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/7 0 M .e_t-'11 h-er-s -COLLECTIVE AGREEMENT
between NOV 2 5 2010
COLLECTIVE BARGAINING INFORMATION SERVICES
HORIZON PLASTICS COMPANY LIMITED
HO,RIZON ·~PLASTICS, INTERNATIOS..I!t.L
and
UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175
(A.F.L., C.I.O., C.L.C.)
~~5- 010\- 1:?1
fe~. ·1 & , \q<&5
~0'1 . 02. I 2.00'
NO~ . 01, tO\~ I'"'Li . -· ............. Period: November 2, 2009 to November 1, 2013
CODING CONTROL DATE CODER
IDENTCODED If v
:RECEIVED: ·. ~O'l · 1.'5, tl.O\O
UNION '" I EMPLOYER I OT!iER
INDEX ARTICLE
1 Purpose of Agreement ................................................................ .
2 Scope & Recognition .................................................................. .
3 Management Rights ................................................................... ..
4 Union Security ............................................................................ .
5 No Strike or Lock-outs ............................................................... ..
6 Representation ........................................................................... .
7 No Discrimination ........................................................................ .
8 Grievance Procedure ................................................................. .. 9 Discharge & Discipline Cases ..................................................... .
1 0 Arbitration ................................................................................... . 11 Sen1onty ..................................................................................... ..
12 Bulletin Board ............................................................................. .
13 Leave of Absence ...................................................................... ..
14 Job Posting ................................................................................. .
15 Hours of Work & Overtime .......................................................... . 16 Paid Holidays ............................................................................. .. 17 Vacation ..................................................................................... ..
18 Jury Duty ..................................................................................... .
19 Bereavement Leave .................................................................... . 20 Group Benefit Plans .................................................................... .
21 Wages & Classifications ............................................................. .
22 Reporting Pay ............................................................................. .
23 Temporary Transfers .................................................................. .
24 Health & Safety ................... ~ ...................................................... ..
25 General ....................................................................................... .
26 Term of Agreement ..................................................................... .
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--·- ------·
A d. "A" W ppen rx - ages ................................................................ ..
Schedule "A" - Flow Chart .......................................................... .
Appendix "B" - Continuous Shift Operations ............................... .
Letter of Intent. ........................................................................... ..
Letter of Intent- Hours of Operation ........................................... .
Letter of Intent - Shift Premium ................................................... .
Letter of Intent- Technological Change ...................................... .
Letter of Intent- Health & Safety Training for Students ............. ..
Letter of Intent- Sole Arbitrators ................................................. .
Letter of Intent. ............................................................................ .
Appendix "C"- Training and Development Appendix ................. ..
Appendix "D" - Benefits Appendix .............................................. .
REGIONAL OFFICE:
U.F.C.W. CANADA, LOCAL 175 20 HAMILTON AVENUE NORTH
OTTAWA, ONTARIO K1Y 186
TELEPHONE: 1-613-725-2154 or 1-800-267-5295
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ARTICLE 1 - PURPOSE OF AGREEMENT
1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the Employer and its employees covered by this Agreement through the Union to secure the prompt and fair disposition of grievances, to secure the efficient operation of the Employer's business without interruption or interference with work, and to provide fair wages, hours and safe working conditions for the employees. It is recognized by this Agreement to be the desire of the Employer, the Union and the employees to co-operate fully and collectively for the advancement of the said conditions.
ARTICLE 2 - SCOPE & RECOGNITION
2.01 This Agreement shall apply to all employees in the bargaining units defined in the Certificates issued by the Ontario Labour Relations Board on the 8th day of February, 1985 that is:
(a) All employees of Horizon Plastics Company Limited in Cobourg, Ontario, save and except supervisors, persons above the rank of supervisor, office and sales staff, persons regularly employed for not more than 24 hours per week and students employed during the school vacation period;
(b) All employees of Horizon Plastics Company Limited in Cobourg, Ontario, regularly employed for not more than 24 hours per week and students employed during the school vacation period, save and except supervisors, persons above the rank of supervisor, office and sales staff.
2.02 The Employer recognizes the Union as the sole collective bargaining agent for all employees of the Employer in the bargaining units defined above.
2.03 It is recognized that the requirements of the business may dictate that persons other than bargaining unit members may from time to time perform bargaining unit work, but not beyond that which is consistent with current practice and in any event not to the extent that such work would cause a lay-off or to prevent the recall from lay-off.
ARTICLE 3 .. MANAGEMENT RIGHTS
3.01 The Union recognizes and acknowledges that the management of the plant and its facilities and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing the Union acknowledges that it is the exclusive function of the Employer to:
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(a) maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by its employees, discipline or discharge employees provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided;
(b) select, hire, transfer, assign to shifts, promote, demote, classify, lay-off, recall, or select employees for positions excluded from the bargaining unit;
(c) establish and administer relevant tests for the purpose of assisting the Employer in determining an employee's ability and qualifications to perform the normal required work of a job, and require medical examinations where reasonably necessary provided such medical examinations take place on the Employer's time and are paid for by the Employer;
(d) determine the location of operations, the expansion, curtailment or cessation of operations, the direction of the working forces, the subcontracting of work, the schedules of operations, the number of shifts; determine the methods and processes to be employed, job content, quality and quantity standards; to select, procure and control supplies; the establishment of work or job classifications; change, combine or abolish job classifications; determine the qualifications of an employee to perform any particular job; the nature of tools, equipment and machinery used and to use new or improved methods, machinery and equipment, change or discontinue existing tools, equipment, machinery, methods or processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked, the determination of financial policies, including general accounting procedures and customer relations;
(e) have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment.
3.02 The rights reserved to management herein are subject to the other provisions of this agreement and should be exercised in a manner not inconsistent with them.
ARTICLE 4- UNION SECURITY
4.01 The Union will not nor will any employee engage in Union activities during working hours or hold meetings at any time on the premises of the Employer
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without the perm1ss1on of the Employer, and such perm1ss1on shall not be unreasonably withheld, or except as expressly provided under the terms of this Collective Agreement.
4.02 (a) The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either of them or their representatives or members because of an employee's Union membership status in the Union, or because of an employee's activity or lack of activity in the Union.
(b) All non-probationary employees covered by this Agreement shall as a condition of employment become and remain members in good standing of the Union.
4.03 During the term of this Agreement the Employer agrees to deduct regular monthly Union dues, initiation fees and assessments as certified by the Union to be currently in effect according to the Constitution and By-laws of the Union from the wages of each employee other than students, on the first pay day of eac~ · calendar month and to remit the amount so deducted to the Local Union Financial Secretary, no later than the 15th day of the following month. The remittance statement shall be documented by location containing a dues and initiation report which shall be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spread sheet in "Excel", "Quattro Pro", "Lotus" or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and will provide the following current information, as known to the Company:
1) S.I.N. 2) Employee Number if applicable 3) Full Name (Last/First/Initials) 4) Full Address, including City and postal code 5} Telephone Number (including area code} 6) Date of Hire 7} Rate of Pay 8) Union Dues deducted (or the reason a deduction was not made). If dues
are deducted weekly, report requires five (5} columns for reporting. 9) Total Dues Deducted 1 0) Back Dues Owing 11) Vacation Pay Breakdown of Dues owing 12) Initiation fees Deducted 13) Total Initiation Fees Deducted 14} Full-time or Part-time designation
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4.04 The Union will indemnify the Employer and save it harmless from any and all claims or demands which are made to it by any employee as a result of any action taken by the Employer pursuant to the provisions of this Article.
AR1"1CLE 5 • NO STRIKE OR LOCK-OUTS
5.01 In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the lifetime of this Agreement, there will be no strike as defined under the Labour Relations Act.
5.02 The Employer agrees that there will be no lock-out of employees as defined under the Labour Relations Act during the life of this Agreement.
ARTICLE 6 • REPRESENTA"I"ION
6.01 (a) One steward shall be selected from each shift (including one from each weekend shift, when scheduled), one of which shall be the chief steward, for a maximum of five (5) stewards, plus a Chairperson. In addition the Union may appoint not more than one (1) alternate steward at any one time, who may act in the capacity of steward when there is· no regular steward or chairperson on the shift. The Employer will recognize as stewards and chairperson employees who have acquired at least six months of seniority as defined by this Agreement. The Union shall notify the Employer in writing of the names of such stewards and Chairperson at the time of their appointment and the Employer shall not be required to recognize any steward or Chairperson until it has been so notified.
(b) Upon commencing employment with the Company the immediate Supervisor shall introduce the new employee to his/her respective Union steward.
6.02 A steward may investigate and process grievances in accordance with the Grievance Procedure set out in this Agreement.
6.03 No steward shall leave his work to investigate or process any grievance or to negotiate with the Employer without the prior consent of his supervisor. Only such pre-authorized time lost from the steward's scheduled shift, that is necessary for the purpose of investigating and processing grievances, shall be compensated, at the steward's regular, straight time rate of pay. No steward may enter any department other than his own without first obtaining the consent of the supervisor of that department. Consent of the supervisor shall not be
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unreasonably withheld. It is understood that stewards will not absent themselves from their regular duties unreasonably. Alternate work schedules may from time to time be agreed upon by the parties in writing to accommodate required attendance at third step grievance meetings.
6.04 The Employer will recognize a grievance committee consisting of the chairperson, chief steward, the steward filing the grievance and the grievor, for the purpose of meeting with the Employer at any step of the grievance procedure.
6.05 At any further negotiations for the renewal of this Agreement, the bargaining unit will be represented by the local unit chairperson, the chief steward, one (1) other elected member from within the bargaining units and one (1) elected member from the part-time weekend bargaining unit and the Union's Representative. The Union shall notify the Employer in writing of the names of the members of the negotiating committee as they are from time to time selected and the Employer shall not be required to recognize any such committee member until it has been so notified. Such committee member shall have acquired at least six (6) months of seniority under this Agreement.
6.06 The Union Representative may enter the premises of the Employer after obtaining the prior consent of the. Employer. Such consent shall not be unreasonably withheld.
The Union will be provided with a mail slot in the office area and a lockable filing cabinet in a secure area of the plant
ARTICLE 7 ·NO DISCRIMINATION
7.01 All references to the masculine gender herein shall be deemed to be references to the feminine gender wherever appropriate.
7.02 The Employer, the Union and the employees shall not discriminate on any basis prohibited by the Ontario Human Rights Code, such as race, creed, colour, sex, sexual orientation, national origin, marital status, disability, etc.
ARTICLE 8 • GRIEVANCE PROCEDURE
8.01 The purpose of this Article is to establish a procedure for settlement of grievances. An employee shall have the right to be represented by his steward in respect of any alleged violation of the collective agreement, any potential or actual grievance or step of the grievance procedure, in which the employee wishes to have representation and any disciplinary situation as described in article 9.01.
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8.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement may discuss his complaint with his immediate supervisor. Such a complaint shall be brought to the attention of the immediate supervisor within five (5) working days of the incident giving rise to the complaint, the employee shall have the right to the assistance of a steward. The immediate supervisor shall state his decision verbally within five (5) working days of receiving the complaint.
STEP 1 - Should the employee be dissatisfied with the immediate supervisor's disposition of the complaint, he may, refer such matter on a written grievance form supplied by the Employer to his immediate supervisor who shall answer the grievance in writing within four (4) working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within four (4) working days of receipt of the reply of the immediate supervisor to the complaint. The grievance shall specify the provisions of the Agreement of which a violation is alleged, contain a brief statement of the facts relied upon, indicate the relief sought and be signed by the employee.
STEP 2 - Should the employee be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to the Production Manager or his designate within three (3) working days of receipt of the immediate Supervisor's reply at Step 1. The Production Manager or his designate shall answer the grievance in writing within three (3) working days.
STEP 3 - If no settlement is reached at Step 2, the grievance committee shall meet with representatives of management within three (3) working days of receipt of the reply of the Production Manager or his designate to discuss the grievance. The Union's Representative shall be in attendance at this meeting unless he is unavailable within the time limit. If the grievance is not settled within three (3) working days, it may be referred to arbitration as hereinafter provided.
8.03 The Union or the Employer may initiate a grievance beginning at Step 2 of the Grievance Procedure. Such grievance shall be filed within ten (1 0) working days of the incident giving rise to the complaint and be in the form prescribed in Step 1. Any such grievance may be referred to arbitration under Article 1 0 by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by··passed.
8.04 Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within the time specified shall be deemed to have dropped. However, time limits specified in the
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Grievance Procedure or in Article 9 and 1 0 may be extended by mutual agreement in writing between the Employer and the Union. The Arbitrator's discretion under Section 48 of the Labour Relations Act to relieve against time limits shall apply equally to Articles 8, 9 and 10.
8.05 No grievances may be submitted concerning the termination of employment, layoff or disciplining of a probationary employee.
8.06 No monetary adjustment resulting from a grievance including any resulting from an arbitration award, shall be made retroactive prior to the date upon which the grievance was formally presented to the Employer under the grievance procedure. It is understood, however, that a grievance in respect of the calculation of employee wages may result in an adjustment retroactive up to forty-five ( 45) calendar days prior to the date upon which the grievance was formally presented to the Employer under the grievance procedure.
ARTICLE 9- DISCHARGE & DISCIPLINE CASES
9.01 When a meeting is held with an employee where the subject matter is intended to become part of the employee's disciplinary record, the employee shall have the right to request that a steward be present. This provision does not apply where it is necessary under the circumstances to require the immediate expulsion of the employee from the plant premises.
9.02 An employee who has acquired seniority and who is discharged may file a grievance at Step 2 of the Grievance Procedure within three (3) working days after such discharge. An employee who is suspended may file a grievance at Step 1 of the Grievance Procedure within three (3) working days after such suspension.
9.03 Where a grievance which is filed under Article 9.02 is not settled and duly comes before an Arbitration Board or Arbitrator, the Board or Arbitrator may make a ruling, subject to this Article and to Article 9.02:
(a) confirming the Employer's action;
(b) reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case); or
(c) disposing of the grievance in any other manner which may be just and equitable.
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9.04 Upon reasonable notice being given to the Employer, an employee shall be given an opportunity to review any written discipline or notice of discipline and any formal written performance appraisal report which the Employer has on. file for him. The employee may be accompanied by their steward.
ARTICLE 10- ARBITRATION
10.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to· whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to the other party within forty (40) calendar days of the reply under Step 3. The recipient party shall, within five (5) working days, advise the other of the name of it's appointee to the Arbitration Board.
10.02 The two appointees so selected shall, within fifteen working days of the appointment of the second of them, or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the recipient party fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within the time limited the appointment shall be made by the Minister of Labour upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board but if there is no majority, the decision of the Chairman shall govern.
10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
10.04 Each of the parties hereto will bear the expenses of an arbitrator appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any.
10.05 The board of arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.
10.06 The parties may mutually agree that a single arbitrator shall be appointed in the place of a board of arbitration. In the event that the parties agree on a single
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arbitrator, the arbitrator shall have the same powers as a board of arbitration under the Agreement. It is understood that this provision does not bar an application by either party under Section 49, as amended of the Labour Relations Act.
10.07 The parties agree that a single arbitrator appointed under Article 10.06 is intended to proceed in an expeditious fashion and an arbitration hearing under Article 10.06 shall normally commence within thirty (30) days of the appointment of the arbitrator.
ARTICLlE 11 - SENIORITY
11.01 Newly hired employees shall serve a probationary period of sixty (60) days worked within a twelve (12) month period and shall have no seniority rights during this period. Upon completion of the probationary period, a new employee shall have his seniority dated back sixty (60) working days. During the probationary period an employee shall be considered as being employed on a trial basis and may be discharged at the sole discretion of the Employer. Twelve (12) hour shifts will be recognized as a day and one half (1 Y2) for the purpose of paragraphs 11.01 and 11 .02.
11.02 (i) Seniority shall mean an employee's length of continuous service with the Employer subject to Article 11.07. A full-time employee (i.e. included in the bargaining unit described in Article 2.01(a) shall maintain and accumulate seniority in the full-time bargaining unit under the following conditions:
(a) while he is actively employed for the Employer after he has completed his probationary period as set out in Article 11.01 above;
(b) during any period of absence due to illness or layoff or any period when he is prevented from performing his work for the Employer by reason of injury arising out of and in the course of his employment for the Employer and for which he is receiving compensation under the provisions of the Workers' Compensation Act, subject to Article 11.03.
(c) during the first ninety (90) consecutive days of any absence due to written leave of absence, subject to Article 11.03.
(ii) All full-time bargaining unit employees who have the same date of hire and subsequently complete their probationary periods will have their
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seniority determined by who has worked the greatest number of days and, in the event this number is equal, the employee's seniority shall be determined by lot.
(iii) A part-time employee (i.e. included in the bargaining unit described in Article 2.01 (b)) Shall maintain and accumulate seniority in the part-time bargaining unit on the basis of days actually worked, subject to Article 11.03.
(iv) For the purpose of clarity, except as provided in Article 14.08 it is noted that persons in the part-time bargaining unit have no seniority rights within the full-time bargaining unit. Except in the case of a person being laid off out of the full-time bargaining unit as provided for in Schedule "A", persons within the full-time bargaining unit have no seniority rights within the parttime bargaining unit. However, if a person in one bargaining unit applies for and is accepted as a successful applicant, into a position in the other bargaining unit, other than a temporary position, the employee shall complete his original probationary period where applicable, but shall not otherwise be required to serve a fresh probationary period. Upon completion of the probationary period where applicable, or otherwise upon the permanent transfer becoming effective or in the event of a full-time employee bumping into the part-time bargaining unit pursuant to Schedule "Au:
(a) the transferred employee who moves from the part-time unit to the full-time unit shall have his seniority accumulated in the former bargaining unit applied to his credit in the new bargaining unit on a pro-rata basis. (For example, if a part-time employee works forty twelve hour shifts in the part-time bargaining unit [the equivalent of sixty (60) days of full-time work] and 30 eight hour shifts in the fulltime bargaining unit, upon completion of the full-time probationary period, his seniority would be dated back ninety (90) working days); and
(b) the transferred employee who moves from the full-time unit to the part-time unit shall maintain the same seniority date as before the transfer, provided that:
(c) the transferred employee who moves from the part-time unit to the full-time unit and later returns to the part-time unit without a break in service, shall have reinstated his original seniority date in the parttime unit.
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(v) Notwithstanding the foregoing, or any other provision of this collective agreement, students employed during the school vacation period and students employed for not more than twenty-four (24) hours per week while attending school shall not accrue seniority or service credits.
(vi) Students working in bargaining unit jobs shall normally be assigned as Operators on rotating shifts, except where the Union and the Employer agree otherwise.
11.03 Seniority once established for an employee shall be forfeited and the employee's employment shall be deemed to be terminated where the employee:
(a) is discharged and not reinstated through the grievance procedure; or
(b) quits his employment; or
(c) is called back to work after a lay-off of less than twelve months and fails to report to work in accordance with the provisions of this Agreement; or
(d) is laid off for more than eighteen (18) months without being recalled; or
(e) is absent from work for three consecutive scheduled working days without the permission of the Employer, except where absent for reasons which the Employer subsequently deems to be acceptable; or
{f) if he is absent from work for more than twenty-four (24) months due to accident or illness, subject to the Employer's obligations under the Ontario Human Rights Code; or
(g) utilizes a leave of absence to take other gainful employment or fails to report to work on completion of such leave of absence.
11.04 When recalling an employee after lay-off, he shall be notified by registered mail or facsimile or a personal delivery and allowed five working days from the date of the notice to report for work and, in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing may be recalled but will be temporarily employed until the senior employee reports within the five working day period as outlined. An employee to whom a registered letter or telegram is sent in accordance with this Article must contact the Employer within three working days of the notice of return to work if he wishes the Employer to hold the job open for him for the full five (5) working days. It sh~be the employee's responsibility to keep the Employer notified as to any changet!lof his address or telephone number so that they will be up to date at all times.
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11.05 (a) Students and probationary employees shall be laid off first, provided the remaining employees have the necessary skill, ability and qualifications to perform the normal required work available efficiently. If further layoffs are necessary, employees shall be laid off in the inverse order of seniority in accordance with the procedure established in Schedule A to this Agreement, provided that the remaining employees have the necessary skill, ability and qualifications to perform the normal required work available efficiently. Employees shall be recalled in the order of seniority in accordance with the aforesaid flow chart contained in Schedule A, provided they have the necessary skill, ability and qualifications to perform the normal required work available efficiently.
(b) Notwithstanding the last sentence of 11.05(a), once an employee who is displaced in accordance with the procedure in (a) successfully applies for a posted position, that employee shall no longer have the right to be recalled to the position from which he was displaced.
11 .06 A full-time seniority list and a part-time seniority list will be supplied to the Union and posted on the bulletin board on January 1st and July 1st of each year of this Agreement.
11.07 An employee who was promoted or transferred to a position outside of the bargaining unit may be returned to his former job within twelve (12) months of his promotion or transfer. If any such employee is transferred back into the bargaining unit, such service in the position outside of the bargaining unit shall be included in their seniority standing, in addition to any service previously accumulated while in a position which is now part of the bargaining unit.
11.08 The Employer shall give employees not less than forty-eight (48) hours notice of lay-off where practicable, regarding which positions are redundant. It is agreed that one example where it is not practicable is where the Employer would incur a cost that is not recoverable from a customer.
11.09 A lay-off shall be deemed to be a temporary lay-off for purposes of this Agreement and the Employment Standards Act, 2000 if the employee is laid off for not more than thirty-five {35) weeks in any period of fifty-two (52) consecutive weeks.
ARTICLE 12 ·BULLETIN BOARD
12.01 The Union shall have the use of a three (3) glassed, lockable bulletin board in the Employer's premises (one in each of two lunchrooms and one other in the plant) for the purpose of posting notices relating to the Union's legitimate business as it
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relates to the Employer. Such notices shall be signed by the Local Unit Chairperson and must be approved by the Employer prior to their being posted and such approval will not be unreasonably withheld.
ARTICLE 13 - LEAVE OF ABSENCE
13.01 The Employer may, in its discretion, grant a leave of absence of up to three months without pay to employees for legitimate personal reasons. The employee must renew such a leave of absence at the end of each three month period. Leave of absence shall not be granted to an employee for the purpose of working elsewhere and such request shall not be unreasonably denied.
13.02 Any leave of absence granted by the Employer shall be in writing and shall set out the length of leave of absence granted, the purpose of the leave and the terms, if any, on which it is granted.
13.03 The Employer shall grant a leave of absence of not more than ten calendar days without pay to not more than five (5) employees at any time to attend a Union conference, convention or other function. Such leave of absence must be requested by the Union by notice in writing at least ten working days prior to the date of the employee's expected absence from work. The extent to which such leaves of absence will be granted in any one year or at any one time will be determined by the Employer based upon the requirements of operations. Such requests will not be unreasonably denied.
13.04 The Employer will grant a leave of absence without pay for a period of not more than twelve (12) months to any one employee at a time, who is elected or appointed to an office with the Union, for the purpose of fulfilling those responsibilities. The employee may return to his former position at the end of his approved leave.
13.05 The Employer may, in its discretion, grant a leave of absence of up to ten (10) months for educational purposes, where the educational program in question may be of some assistance to the employee's future employment with the Employer.
ARTICLE 14 • JOB POSTING
14.01 When a new job classification is created or additional employees are required in an existing job classification, the Employer will post a notice of the vacancy for a period of fourteen (14) calendar days on the plant bulletin board. The notice will specify the nature of the job, qualifications required and the rate of pay. An
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employee (including a laid off employee) who wishes to be considered for the position so posted shall signify his desire by making written application to the person designated on the posting within the fourteen (14) calendar day posting period aforesaid.
14.02 In filling any posted vacancy under this Article, the Employer will consider the ·requirements of operations and the skill, ability, and qualifications of the individual to perform the normal required work and, where these are relatively equal, seniority shall govern. If there are no successful applicants among the employees and the job is therefore not filled as a result of the posting, the Employer reserves the right to hire. The Employer shall make every reasonable effort to complete the internal job posting process expeditiously.
14.03 The vacancy resulting from the placing of the successful applicant in the position so posted will also be posted but any further vacancy may be filled by the Employer without posting. Should the successful applicant for such vacancy prove unsatisfactory within 30 days worked from the date of promotion, he shall be returned to his former job and the vacancy may be filled without further posting. In filling such a vacancy without a further posting, the Employer will consider the other original applicants for the vacancy in accordance with Article 14.02.
14.04 Any employee who has successfully bid under this Article shall not be entitled to bid on another posted job for six months from the date of his successful bid, except with the Employer's permission. However, this Section 14.04 does not apply to employees who successfully bid on a temporary vacancy pursuant to Article 14.07.
14.05 Any job which is vacant because of illness, accident, vacation, leave of absence (including maternity leave or parental leave), temporary transfers or temporary promotions, and temporary vacancies and jobs which become vacant while employees are on lay-off shall not be deemed to give rise to a permanent vacancy for the purpose of this Article, subject to Article 14.07.
14.06 An employee who is planning to be absent from work for reasons such as vacation or leave of absence may indicate in writing to the Human Resources Manager their desire to be considered for a specific job in the event that job is posted during that planned absence. The employee will then be considered for any such job posting provided the employee makes himself/herself available for any required interviews, test or other similar events in connection with the job competition process without delaying the process. If that employee is successful, the job may be awarded effective upon their returning to work and the job may be filled on a temporary basis in the interim.
14.07 Notwithstanding Articles 14.01 and 14.05, when full-time employees are required for a temporary position of longer than thirty (30) calendar days, for the reasons set forth in Article 14.05, or when additional full-time employees are required in a classification other than the Operator or Packer classifications for a period longer than thirty (30) calendar days but not longer than one hundred and twenty (120) calendar days, the Employer will post the position as a temporary posting on the plant bulletin board. The position will be filled as set forth in Article 14.02, subject to the following provisos:
(a) Any individual with excessive absenteeism or ongoing disciplinary problems will not be eligible to apply for temporary postings.
(b) This Section 14.07 does not apply to training assignments.
14.08 Posting of Permanent Full-time Positions for Part-time Employees: Subject to Article 11.02(iv), when a permanent vacancy arises in the full-time bargaining unit for which there are no successful applicants from within that bargaining unit, the Employer shall make such vacancy available to employees in the part-time bargaining unit by way of a job posting. This may be done concurrently with the posting for the attention of the full-time bargaining unit employees. The provisions of Articles 14.01, 14.02, 14.03,14.04 and 14.06 shall apply to these postings, with necessary modification. A part-time employee who obtains a fulltime position through such a posting shall have seniority rights in the full-time unit in accordance with Article 11.02(iv).
14.09 Posting of Temporary Full-time Positions for Part-time Employees: Notwithstanding Article 14.01 and 14.05, when a temporary vacancy arises in the full-time bargaining unit for which there are no successful applicants from within that bargaining unit or the Employer requires additional full-time employees for longer than thirty (30) calendar days but not longer than one hundred and twenty (120) calendar days, the Employer may post the position as a temporary posting available to part-time employees, on the plant bulletin board. If posted, the position will be filled as set forth in Article 14.07, with necessary modification. The part-time employee shall not acquire or accumulate seniority in the full-time bargaining unit but shall maintain seniority in the part-time bargaining unit while filling such temporary full-time position. However, nothing in this Article 14 shall be interpreted as taking away or limiting the Employer's right to hire employees externally for temporary positions or its right to hire students during their school vacation period.
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ARTICLE 15 - HOURS OF WORK & OVERTIME
15.01 {a) The regular work week shall consist of five days per week, eight hours per day, Monday to Friday inclusive for all full-time employees, with the exception of all full-time employees who regularly work weekends.
{b) The normal shift schedule for full-time employees shall be as follows, provided it is understood that business and operational needs may require hours to be flexible under certain circumstances:
7:00a.m. to 3:00p.m. 3:00 p.m. to 11:00 p.m. 11:00 p.m. to 7:00a.m.
15.02 The Employer does not guarantee to provide work for an employee for regularly assigned hours or for any other hours.
OVERTIME:
15.03 {a) Time and one-half an employee's straight time hourly rate shall be paid for all hours worked in excess of forty (40) hours per week or eight (8) hours per day.
(b) The response of an employee requested to work overtime shall be on a voluntary basis.
(c) An employee who works at least two (2) hours of overtime shall be provided with a ten (10) minute break between his overtime hours and his regularly scheduled hours, and such break shall constitute part of the employee's overtime. An employee who works at least three (3) hours of overtime at the end of his regularly scheduled shift shall receive a ten (10) minute break at the end of his regularly scheduled shift and a twenty (20) minute break after working two hours of overtime. An employee who works at least three (3) hours of overtime in advance of his regularly scheduled shift shall receive a ten {1 0) minute break during the first two {2) hours of overtime and a twenty {20) minute break immediately prior to his regularly scheduled hours. All such overtime breaks shall be considered to be part of the employee's overtime work.
(d) Overtime shall be distributed as equitably as practicable among those employees who normally perform the required work, provided the employee can perform the overtime work without any training. Employees who refuse overtime when asked shall be considered to have worked for
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purposes of equalization. The Employer agrees to provide to the Union Chairperson, on a weekly basis, a statement indicating all overtime hours worked and refused by each employee.
15.04 Double an employee's straight time hourly rate shall be paid for all hours worked on a Sunday, provided that the employee has worked forty hours during the week in question. Payments under this paragraph are premiums for work on a Sunday, and if an employee works on a Sunday and such work is part of his regular five day work week, he will not be paid any premium under this paragraph.
REST PERIOD:
15.05 (a) A rest period of ten minutes shall be provided during the first half of each regularly scheduled day and another ten minutes shall be provided during the second half of the regularly scheduled day.
(b) For employees in the part-time bargaining unit who work a regularly scheduled 12 hour weekend shift, the following rest periods shall be provided:
• a rest period of 10 minutes after 2 hours worked;
• a rest period of 30 minutes after 4 hours worked;
• a rest period of 10 minutes after 6 hours worked;
• a rest period of 20 minutes after 8 hours worked; and
• a rest period of 10 minutes after 10 hours worked.
15.06 All employees to have a paid lunch during eight (8) hour shift. Any employee leaving the plant during the lunch period must notify his/her Supervisor.
SHIFT PREMIUM:
15.07 A shift premium of fifty-five cents (55¢) shall be paid for all hours worked on a regularly scheduled afternoon shift commencing after 3:00 p.m. A shift premium of sixty cents (60¢) shall be paid for all hours worked on a regularly scheduled night shift commencing after 11:00 p.m. Overtime premiums and shift premiums shall not be pyramided.
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ARTICLE 16- PAID HOLIDAYS
16.01 (a) The following shall be recognized as holidays to be paid for on the basis of the full-time employee's straight time rate multiplied by the number of hours the full-time employee would normally have worked on such day to a maximum of 8 hours:
New Year's Day Good Friday Victoria Day Canada Day Civic Holiday
Labour Day Thanksgiving Day Christmas Day Boxing Day (effective 1989) 2 Floating Days (as scheduled by the Employer after consultation with the Union)
or days celebrated in lieu thereof, regardless of the day on which the holiday falls. In the event that a holiday falls on a day which is not a regularly scheduled work day, the employee will either be paid for the holiday or granted an additional day off, as the Employer may elect, after consultation with the employees.
(b) A part-time employee's holiday pay for the paid holiday listed below shall be calculated as the total amount of regular straight time wages and/or vacation pay payable to the employee in the four ( 4) weeks before the work week in which the public holiday occurred (this will normally be based on twelve (12) straight time hours pay for a part-time employee working a twelve (12) hour weekend shift) divided by twenty (20):
New Years' Day Good Friday Victoria Day Canada Day Civic Holiday
Labour Day Thanksgiving Day Christmas Day Boxing Day One (1) Floater day (to be paid as scheduled, by the Employer after consultation with the Union)
In the event that a holiday falls on a day which is not a regular scheduled work day for a part-time employee, the employee will either be paid for the holiday or granted an additional day off, as the Employer may elect, after consultation with the employees.
16.02 If an employee works on any of the holidays, he shall be paid for the holiday as provided for in paragraph 16.01 plus, double his regular straight time hourly rate for all hours worked.
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16.03 An employee will not be paid for a holiday if:
(a) The employee fails to work his last full regularly scheduled shift before the holiday or his first full regularly scheduled shift after the holiday, unless he is expressly excused by the Employer prior to the shift in question or unless he is hospitalized or otherwise unable to report for reasons acceptable to the Employer for one of the qualifying shifts in question; or
(b) The employee agrees to work on the holiday and, without reasonable cause, fails to do so.
16.04 If any of the above holidays fall or are observed during an employee's vacation, he shall be entitled to an extra day's pay at his regular rate or to an extra day's vacation with pay, as the employee may elect.
16.05 Adoption/Birth Leave - An employee will be entitled to take a leave of absence for up to one (1) regularly scheduled full shift, with pay, at the employee's regular straight time hourly rate, upon the occasion of the birth of the employee's child, or the arrival at home of a child adopted by the employee.
ARTICLE 17 - VACATION
17.01 Any employee who, on the first day of July in each year has:
(a) been continuously in the employ of the Employer for less than one (1) year shall be entitled to four percent (4%) of the total wages of the employee in the previous year for which the vacation is given;
(b) been continuously in the employ of the Employer for more than one ( 1) year but less than five (5) years shall be entitled to two (2) weeks vacation with pay equal to four percent (4%) of the total wages of the employee in the previous year of employment for which the vacation is given;
(c) been continuously in the employ of the Employer for five (5) or more years but less than ten (10) years shall be entitled to three (3) weeks vacation with pay equal to six percent (6%) of the total wages of the employee in the previous year of employment for which the vacation is given;
(d) being continuously in the employ of the Employer for ten (1 0) or more years but less than twenty (20) years shall be entitled to four (4) weeks vacation with pay equal to eight percent (8%) of the total wages of the employee in the previous year of employment for which the vacation is given;
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(e) being continuously in the employ of the Employer for twenty (20) years but less than twenty-five (25) years shall be entitled to five (5) weeks vacation with pay equal to ten percent (10%) of the total wages of the employee in the previous year of employment for which the vacation is given.
(f) been continuously employed by the Employer for twenty-five (25) years shall be entitled six {6) weeks vacation with pay equal to twelve percent (12%) of the total wages of the employee in the previous year of employment for which the vacation is given.
Earned vacation pay shall be indicated separately on the employee's pay statement at time of vacation and paid by direct deposit on the normal pay dates for the vacation period, unless the Employer and employee mutually agree in writing to another arrangement or the employee exercises his rights under Article 17.08(d).
17.02 For the purpose of this article, the term "total wages" shall not include the previous year's vacation pay.
17.03 An employee shall not be permitted to accumulate his vacation from one vacation calendar year (July 1st to June 30th) to another.
17.04 The Employer will post the planned plant shut down period(s) prior to the employees indicating their vacation preferences. The summer shut down shall be scheduled for the last week of July and/or the first week of August, it being understood that the Employer reserves the right to cancel the shutdown in whole or in part. For purposes of clarity, all employees must utilize their vacation entitlement during the shutdown unless the Employer schedules them to work. Work during the shutdown shall be voluntary for all employees except for those in Maintenance. Subject to the foregoing, employees who are entitled to three (3) or more weeks of vacation may carry a maximum of one (1) week of vacation entitlement into the following year.
17.05 The Employer will canvas employees regarding their vacation preferences prior to May 1st of each year. Subject to the requirements and efficiency of the operations, the senior employee in a classification shall be given preference for vacation times and, if eligible, an employee may request and be scheduled for an unbroken period of vacation of up to 3 weeks. Vacations in week blocks shall
. take priority over single vacation days prior to the vacation schedule being posted.
17.06 Vacation schedules shall be posted by May 1st each year and shall not be changed unless mutually agreed by the employee and the Employer.
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17.07 Employees requesting to schedule additional vacations to which they are entitled, after the vacation schedule is posted, shall not be entitled to displace anyone scheduled pursuant to the process in Article 17.05 and 17.06.
17.08 {a) An employee who terminates his employment for whatever reason, shall be paid his vacation allowance as provided herein.
{b) On the death of any employee, the vacation allowance will be paid to the employee's estate forthwith.
(c) An employee, during a lay-off, shall be entitled to receive his accrued vacation pay in a lump sum, in part or in whole.
{d) An employee who is entitled to three {3) or more weeks of vacation may elect to receive his outstanding vacation pay for the third, fourth, fifth and/or sixth week of vacation without taking the vacation time, in which case this shall be paid on June 30th of the vacation year in which the vacation could have been taken, subject to the employee's right to carry over one {1) week of vacation in accordance with Article 17.04.
{e) Notwithstanding Article 17.08{d) an employee who is entitled to three (3) or more weeks of vacation may elect, once per vacation year to be paid, at the time of taking their vacation, an additional week of his accrued vacation pay.
ARTICLE 18 - JURY DUTY
18.01 An employee who is selected for service as a juror will be compensated for loss of pay from his regularly scheduled shift due to such jury service. Such compensation will be based on his regularly scheduled hours at his regular straight time hourly rate less the fee received for his service as a juror. However, should the employee present himself for selection as a juror and not be selected, then he is required to return to the office to complete his remaining normally scheduled work day.
18.02 In order for an employee to qualify for payment under this article, he must:
(a) inform his supervisor within twenty-four hours of his selection for service as a juror;
(b) provide a written statement to the Employer indicating the date of his service as a juror, the time so spent and the fee received for his services as a juror; and
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(c) have completed his probationary period.
ARTICLE 19- BEREAVEMENT LEAVE
19.01 The Employer shall pay an employee up to five (5) days' pay at the employee's regular hourly rate of pay for all regular time lost in the event of the death of the employee's mother, father, spouse, son, daughter, brother or sister. The Employer shall pay an employee up to three (3) days' pay at the employee's regular hourly rate of pay for all regular time lost in the event of the death of the employee's mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchildren, grandparents, grandchild and spouse's grandparents. Payment shall be made only to the extent of time lost while making arrangements for and/or attending the funeral. In order to qualify, the employee must:
(a) have completed his probationary period, and
(b) provide satisfactory proof of death.
19.02 Full-time employees shall not be paid for Saturdays, Sundays or paid holidays under this Article, unless the Saturday or Sunday is part of the employee's regularly scheduled work week.
19.03 Part-time employees whose regularly scheduled work days are Saturdays and Sundays shall be paid their regular hourly rate of pay for all time lost (ie up to fourteen (14) hours pay for twelve (12) hours time lost) as outlined above, for a maximum of two (2) such days. Such employees shall not be paid for any days, Monday through Friday, or any paid holidays under this Article. ·
ARTICLE 20- GROUP BENEFIT PLANS
20.01 (a) The Employer will provide a group benefits plan for all non-probationary, full-time employees which will include Group Life Insurance, Short Term Disability, Long Term Disability and a Drug Plan. The Employer will pay ninety percent (90%) of the cost of such plans, with the exception of Long Term Disability in which the employees, in accordance with paragraph 3 of Appendix D will pay one hundred percent (100%) of the premium cost, for all eligible full-time employees who have completed their probationary period and are not on leave of absence or a layoff extending beyond the end of the second calendar month following the month in which the layoff commences.
(b) The Employer will pay one hundred percent (1 00%) toward the cost of a Dental Plan for all full-time employees who have completed their
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probationary period and are not on leave of absence or a lay-off extending beyond the end of the second calendar month following the month in which the lay-off commences, it being understood that the Plan shall provide benefits based on eighty percent (80%) of the current ODA fee schedule.
20.02 The Employer shall also participate in a pension plan with employees, to which both employees and the Employer may make contributions. All employees shall have an option of contributing 1%, 2%, 3% or 4% to be matched equally by the Employer.
20.03 The details of the plans and benefits referred to in Articles 20.01, 20.02 and 20.03 shall be as more particularly described and set forth in the policies and plans. Any dispute over payment of benefits under an insured plan shall be adjusted between the employee and the insurer or carrier concerned, but the Employer will use its best efforts to assist the employee in settling any such dispute. Any claim that benefits under an un-insured plan have been unreasonably denied (whether provided through an Administrative Services Only ["ASO"] plan or directly by the Employer) may be subject to a grievance and arbitration, provided the employee first exhausts any appeal procedure under the plan in dispute. Employees will be provided with explanation booklets setting out details of these benefits.
20.04 Employees will not be required to bring in a doctor's note unless the absence exceeds two (2) consecutive work days, except in cases of suspected abuse.
20.05 The Employer shall have the right to select the carrier or administrator of its choice in respect of any of the benefits provided pursuant to this Article provided that in the event any carrier or administrator is changed the coverage shall be equal to or better, in the aggregate, than the existing coverage. The Employer shall notify the Union regarding any such change of carrier or administrator.
ARTICLE 21 ·WAGES & CLASSIFICATIONS
21.01 The employee's regular hourly rates and classifications shall be as set out in Appendix "A" attached hereto.
ARTICLE 22 ·REPORTING PAY
22.01 Unless employees are notified not to report for work, employees who report for work at their regular starting time and for whom no work is available shall receive not less than four hours of any work that is available at his straight time hourly rate, or if no work at all is available shall receive four hours pay at their straight time hourly rate.
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22.02 The provisions of this paragraph shall not apply in the event of strikes, power, water, or air failures or any other conditions beyond the control of the Employer which prevent the Employer from providing work, or where the Employer is unable to advise the employee or leave a message not to report for work because the employee has not provided his current address and telephone number to the Employer.
CALL IN:
22.03 If an employee is called in to work after having left the Employer's premises and after completion of his regularly scheduled shift, he shall receive a minimum of 4 hours pay at his straight time hourly rate. This provision shall not be applicable to overtime hours worked in conjunction with an employee's regularly scheduled shift and there shall be no duplication of this premium and any other premium provided for in this Agreement.
ARTICLE 23 - TEMPORARY TRANSFERS
23.01 An employee who is temporarily transferred to a higher-rated classification shall, if he completes at least two (2) hours of work in such higher-rated classification, be paid at the starting rate for the higher-rated classification if such starting rate is greater than his regular rate of pay, for all hours worked in the higher-rated classification. All such transfers shall be accumulated and, when the employee has worked in such higher-rate classification for sixty (60) days (for two (2) hours or more on each such occasion), he will proceed to the Step 2 rate for such higher-rated classification whenever he completes at least two (2) hours of work in it, if the Step 2 rate for the higher-rated classification is higher than his regular rate of pay. When the employee has worked in such higher rated classification for ninety (90) days (for two (2) hours or more on each such occasion), he will proceed to the Step 3 rate for such higher rated classification whenever he completes at least two (2) hours of work in it.
ARTICLE 24 - HEALTH & SAFETY
24.01 The Employer will contribute one hundred percent (100%) of the costs, to a maximum of one hundred and forty dollars ($140.00) per year, towards the cost of safety boots for each employee who has completed his probationary period. Employees may be required to produce proof of purchase. The maximum shall be increased to one hundred and forty-five dollars ($145.00) effective November 2nd, 2007 and increase to one hundred and sixty dollars ($160.00} effective November 2nd, 2008.
24.02 (a} The Employer and the Union agree to abide by the Occupational Health and Safety Act of the Province of Ontario.
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(b) A health and safety committee shall be established, comprising of four (4) representatives appointed by the Union from within the bargaining units and four (4) representatives appointed by the Employer. The Union and the Employer shall each designate two (2) alternate members of the committee who shall act in the absence of a regular member. At least one of the Union members of the committee shall be from the part-time bargaining unit where possible and at least one (1) Union member or alternate shall be from each of the full-time shifts.
(c) The health and safety committee shall hold at least one (1) meeting every month or more often if the parties mutually agree to deal with health and safety issues.
(d) The Employer shall provide winter clothing to those who require it for work purposes because they are exposed to winter weather while working. This will include a pair of winter coveralls for shipping. A parka and gloves will be available for maintenance employees when working outside the building.
24.03 The Employer, the Union and the employees will co-operate in taking every reasonable precaution for the health and safety all employees, including but not limited to wearing approved and protective devices as may be deemed necessary by the Ministry of Labour or the Joint Health and Safety Committee or the Employer.
24.04 Work Wear - The Employer shall supply employees with the use of at least one set of work clothes, provided that:
(a) the employees shall not retain such clothing for personal use;
(b) the Employer may require employees to wear the clothing which is supplied;
(c) it shall be the responsibility of the employees to clean such work clothes, except for those in classifications designated by the Employer.
(d) There shall be four (4) extra sets of coveralls available in the plant for use by employees who are required to do especially oily jobs. These coveralls will be cleaned by the Employer.
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24.05 Eyeglasses - The Employer will contribute a maximum of one hundred ninety dollars {$190.00) each year toward the cost of prescription eyeglasses for each full-time employee who has completed his probationary period. It is also understood that each part-time employee employed as of December 20., 2009 shall also receive this benefit.
24.06 Safety Glasses - The Employer shall continue to supply non-prescription safety glasses where required. The Employer will also make available to employees who request them Uvex Astrospec 3000 non-prescription safety glasses, provided the employees pay the difference between the cost of these safety glasses and the Employer's normal issue of safety glasses. The Employer will provide replacement lenses, when required, due to normal wear and tear, upon presentation of the worn lenses. On a one time basis, the Employer will also contribute a maximum of one hundred ninety dollars ($190.00) toward the cost of prescription safety glasses for each non-probationary employee who purchases such glasses and provides proof of purchase.
ARTICLE 25 • GENERAL
25.01 Education and Training Fund - The Employer agrees to contribute $1200.00 in each year of the Collective Agreement to the Union's Education and Training Fund.
25.02 Printing of Collective Agreement - The Employer shall supply a copy of the Collective Agreement to each employee and to the Union in booklet form, within thirty (30) days of the parties' agreement on the final text.
25.03 The Employer shall provide up to five hundred dollars ($500.00) in any one ( 1) year to an employee who applies for tuition assistance if, in the sole judgement of the Employer, the course will be of assistance to the employee in his or her job. The tuition assistance will .reimburse the employee for tuition cost of a preapproved course or program, upon proof of satisfactory completion of the course or program.
25.04 Tool Allowance - The Employer shall provide a tool allowance of up to three hundred dollars ($300.00) per year to each employee in the Maintenance classification, towards the purchase of tools used in connection with their jobs. Funds out of the allowance will be paid upon presentation of receipts or other proof of purchase of the tools in question. Effective November 2nd, 2007 the amount will be increased to three hundred twenty-five dollars {$325.00). Effective November 2nd, 2008 the amount will be increased to three hundred fifty dollars ($350.00).
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ARTICLE 26 - TERM OF AGREEMENT
26.01 This Agreement shall commence on the 2nd day of November, 2009 and end on the 1st day of November 2013, and shall continue from year to year thereafter unless either party gives notice in writing to the other not less than thirty (30) days nor more than ninety (90) days prior to the expiry date hereof of that party's intention to terminate this Agreement or to negotiate revisions thereto.
DATED at Cobourg this __ day of ________ , 20_.
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APPENDIX "A-1"
I Set-up $20.20 $20.74 $22.75
II Area Leader 19.97 20.28 20.59
I Set-up Assistant 19.30 19.60 20.29
Process Technician 19.56 19.88 20.18
Service 19.32 19.57 19.78.
1 Nozzle 19.30 19.60 21.28
Nozzle Co-ordinator 21.70 21.92 22.44
Utility 17.91 18.44 18.97
Operator 17.75 18.28 18.81
Shipper 19.50 19.82 20.12
Warehouse Assistant 18.84 19.24 19.60
Maintenance 26.71
Maintenance Helper 18.16 18.69 19.23
Quality Assurance Technician 19.30 19.60 19.91 .
Packer 15.42 15.94 16.87
Set-Up Co-ordinator 22.75 23.29 23.81
: Material Handler 19.30 19.60 20.29
Notes:
1. Employees in all classifications except Maintenance will proceed to the Step 2 rate after 30 days worked in the classification.
2. Employees in all classifications, other than Maintenance or Quality Assurance Technician, will proceed to the Step 3 rate after 65 days worked in the classification.
3. The rate for employees in the Maintenance classification may vary based on skill, training ability and merit. However this rate will not be less than the Operator Step #3 rate. All employees in the classification shall be certified tradesman or registered apprentices under the Trade Qualifications and Apprenticeship Act.
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4. Summer students and students employed for not more than twenty-four (24) hours per week while attending school shall be paid at the rate of not less than the Employment Standards Act minimum for students nor more than $11.00 per hour.
5. Employees in the Quality Assurance Technician classification shall proceed to the Step 2 rate after thirty (30) days worked in the classification and to the Step 3 rate after obtaining a Quality Assurance Technician Level One certificate. Continuation in this classification is conditional upon participation in and completion of such a certification program within a specified time frame.
6. Upon ratification (December 23, 2009): $200.00 lump sum to all full-time employees and $120.00 for all part-time employees;
November 2, 2010: $400.00 lump sum to all full-time employees and $240.00 for all part-time employees;
November 2, 2011: $600.00 lump sum to all full-time employees and $360.00 for all part-time employees.
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$20.60
20.37 20.69
Set-u Assistant 19.69 19.99
Process Technician 19.95 20.28
• Service 19.71 19.96 20.18
Nozzle 19.69 19.99 21.71
Nozzle Co-ordinator 22.13 22.36 22.89
Utility 18.27 18.81 19.35 !
· 0 erator 18.11 18.65 19.19
Shipper 19.89 20.22 20.52
• Warehouse Assistant 19.22 19.62 19.99
Maintenance 27.24
18.52 19.06 19.61
19.69 19.99 20.31
I Packer 15.73 16.26 17.21
Set-U Co-ordinator 23.21 2 24.29
Material Handler 19.69 20.70
Notes:
1. Employees in all classifications except Maintenance will proceed to the Step 2 rate after 30 days worked in the classification.
2. Employees in all classifications, other than Maintenance or Quality Assurance Technician, will proceed to the Step 3 rate after 65 days worked in the classification.
3. The rate for employees in the Maintenance classification may vary based on skill, training ability and merit. However this rate will not be less than the Operator Step #3 rate. All employees in the classification shall be certified tradesman or registered apprentices under the Trade Qualifications and Apprenticeship Act.
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4. Summer Students and students employed for not more than twenty-four (24) hours per week while attending school shall be paid at the rate of not less than the Employment Standards Act minimum for students nor more than $11.00 per hour.
5. Employees in the Quality Assurance Technician classification shall proceed to the Step 2 rate after thirty (30) days worked in the classification and to the Step 3 rate after obtaining a Quality Assurance Technician Level One certificate. Continuation in this classification is conditional upon participation in and completion of such a certification program within a specified time frame.
6. Upon ratification (December 23, 2009): $200.00 lump sum to all full-time employees and $120.00 for all part-time employees;
November 2, 2010: $400.00 lump sum to all full-time employees and $240.00 for all part-time employees;
November 2, 2011: $600.00 lump sum to all full-time employees and $360.00 for all part-time employees.
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APPENDIX A-2 ·WAGE RATES FOR NEW OPERATORS AND PACKERS
It is understood that no current employee at the time of ratification (December 23, 2009) will be impacted by this new language. An employee hired by the Employer after date of ratification (December 23, 2009) into the classification of Packer or Operator shall be paid in accordance with the following schedule. Such employees will progress over time to the regular rate for the classification as follows. They will progress to the Step 2 rate after thirty (30) days worked in the classification, and to the Step 3 rate after sixtyfive (65) days worked in the classification. They will then receive further increases of one dollar ($1.00) per hour on the first and every subsequent anniversary date of their starting in the classification, until they reach the then-current Step 3 rate for their classification set out in the Wage Schedule in Appendix A-1. For purposes of clarity, no other general wage increases apply to these employees, until they become part of the Wage Schedule in Appendix A-1.
Wages & Classifications as of November 2, 2009
Annual Steps Classification Start Step 2 Step 3 to Appendix
A-1 i Packer $10.25 $10.50 $11.00 +1.00 ,I Operator $11.25 $11.50 $12.00 +1.00
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SCHEDULE .. A ..
Flow Chart for purpose of Article 11.05
MATERIAL HANDLER NOZZLE CO-ORDINATOR SET-UP CO-ORDINATOR
AREA LEADER SET-UP
PROCESS TECHNICIAN SHIPPER NOZZLE
QUALITY ASSURANCE TECHNICIAN MAINTENANCE
MAINTENANCE HELPER WAREHOUSE ASSISTANT
SET -UP ASSIST ANT SERVICE UTILITY
OPERATOR
PACKER
l LAY-OFF
1. In each case, subject to Article 11.05, the employee shall displace the most junior employee in his/her own category (box) and an employee displaced from his/her own category (box) shall displace the most junior employee in the lower category (box) in the bargaining unit.
2. The most junior full-time employee being laid off from the full-time bargaining unit shall have the option of displacing the most junior employee in the part-time bargaining unit or excepting the lay-off except that no employee in the part-time bargaining unit having five (5) or more years of seniority shall be displaced by an employee in the full-time bargaining unit having two (2) years of seniority or less. The full-time employee may exercise this option to displace a part-time employee only once during any lay-off. If this option is exercised after the full-time employee accepts the lay-off for a period of time, the Employer shall have one (1) week from the date written notice is received from the employee in order to implement the displacement.
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APPENDIX "B" Continuous Shift Operations
1. The following terms and conditions shall apply when and if a classification or a group of employees is scheduled to work on a continuous shift schedule (also known as a continental work week). Where there is any conflict between the terms of this Appendix and the terms of other provisions of the Collective Agreement, the terms of this Appendix shall prevail. Otherwise the provisions of the Collective Agreement shall apply.
2. Consultation - Prior to implementing a continuous shift schedule for a classification or a group of employees, the Employer will consult with the Union and with the affected employees. Such consultations shall include:
(a) identification of the affected group; (b) the anticipated duration of the new schedule; (c) the employees' preferred schedule.
3. Schedule - The continuous shift schedule will be seven (7) days per week, twenty-four (24) hours per day. Employees shall normally work twelve (12) hour shifts, averaging forty-two (42) hours per week. The normal twelve (12) hour shifts will be as follows unless the parties mutually agree otherwise.
Day Shift: 7:00 a.m. to 7:00 p.m. Night Shift: 7:00 p.m. to 7:00 a.m.
4. Weekly Overtime - Time and one-half an employee's straight-time hourly rate shall be paid for all hours worked on an employee's scheduled day of rest, and for all regularly scheduled hours worked on a Sunday. Double an employee's straight time hourly rate shall be paid for all hours worked on a Sunday when it is a scheduled day of rest, provided the employee has worked his regularly scheduled hours that week.
5. Daily Overtime - Time and one half an employee's straight time hourly rate shall be paid for all hours worked in excess of twelve (12) consecutive hours.
6. Breaks/Rest Periods - Three (3) rest periods of ten (1 0) minutes, and one rest period of twenty (20) minutes and one rest period of thirty (30) minutes shall be provided during each regularly scheduled twelve hour shift, with pay.
7. Shift Premium -A shift premium of sixty-two cents (62¢) per hour shall be paid for all hours worked on a regularly scheduled Night Shift. Overtime premiums and shift premiums shall not be pyramided.
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8. Paid Holidays- (a) A Paid Holiday listed in Article 16.01 shall be observed from 7:00 p.m. of the prior day until 7:00 p.m. of the designated day unless the parties mutually agree otherwise pursuant to Section 3 of this Appendix.
{b) A non-probationary employee who works on a Paid Holiday shall be paid. eight (8) hours pay for the holiday in accordance with Article 16.01, plus double his regular straight time hourly rate for all hours worked.
(c) If the Employer shuts down operations on a Paid Holiday, non-probationary employees who would otherwise have been scheduled to work on that day shall be paid twelve (12) hours holiday pay at their regular straight time hourly rate.
(d) Non-probationary employees who would not normally be scheduled to work on the holiday shall be paid eight (8) hours' holiday pay at their regular straight time hourly rate in addition to their regular pay for their days worked.
9. Implementation - {a) Any additional full-time jobs created as a result of the implementation of the continuous shift schedule shall be posted in accordance with Article 14. If there are no successful applicants among the full-time employees and the job is therefore not filled as a result of the posting, the Employer shall apply Article 14.08. ,
(b) Employees being converted to the continuous shift schedule are not considered to be laid off and therefore are not required to bid for the converted jobs and are not allowed to displace other employees. However, such employees may apply for any posted vacancies.
{c) Upon request, the Employer will pay an advance to an employee who would otherwise work less than forty { 40) hours when first converting to the new schedule, so as to ensure that the employee's pay cheque for the first pay period is not less than it previously was for a regular forty (40) hour week.
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LEITER OF INTENT
This will confirm that it is the Employer's intention, in the event that a new midnight shift position is implemented, employees in each classification, will be given the opportunity to work that shift in order of seniority, provided they have the present skill and ability to perform the required work, and if there are insufficient volunteers, employees in each classification will be assigned in inverse order of seniority provided that they have the present skill and ability to perform the required work.
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February 17th, 1989
LETTER OF INTENT
HOURS OF OPERATION
It is understood that any time worked on Sunday as part of the employees regular scheduled shift (Monday start up shift) shall be paid at straight time pay and is part of the regular scheduled 40 hour week.
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February 17th, 1989
LETTER OF INTENT
SHIFT PREMIUM
Any employee requesting to work outside of the 8 hour shift Rotation shall not receive shift premium for hours outside of the 8 hour Rotation. Where the Employer requests an employee, on a temporary basis, to change the starting and finishing times of his shift on a non·overtime basis, such a change will not negatively affect the employee's normal shift premium.
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LET"fER OF INTENT
RE: TECHNOLOGICAL CHANGE
In the event that the Employer introduces new production equipment which is technologically more advanced than its current equipment and the changes affect the work of current employees, the Employer will endeavour to train the employees who are required to work regularly with the new equipment on the operation and/or maintenance of the new equipment. Such employees must demonstrate that they have the aptitude, skill and ability to receive such training.
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LETTER OF INTENT
RE: HEALTH AND SAFETY TRAINING FOR STUDENTS
At recent collective bargaining negotiations, the parties discussed appropriate health and safety training for students employed during the school vacation. The parties agreed to refer to the Joint Health and Safety Committee the issue of what health and safety training is appropriate for such students. Such training shall be shared with the Ministry of Labour.
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LETTER OF INTENT
RE: SOLE ARBITRATORS
Notwithstanding Section 49 of the Ontario Labour Relations Act or any language contained in the Collective Agreement between the parties to the contrary, either party may elect to proceed to arbitration using one of the following as sole Arbitrator:
Randy Levinson, John Stout, Norm Jesin, G. Charney, and G. Surdykowski
The grievance(s) shall be referred to the Arbitrator on the above list with the earliest available date for which both parties are also available.
The parties can at anytime, by mutual agreement, add or remove an Arbitrator from the agreed list.
Except as modified by this letter, the provisions of Article 10 shall apply to such arbitrations.
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LETTER OF INTENT
At recent collective bargaining the Employer and the Union discussed the Employer's plans regarding the deployment of full-time, part-time and temporary employees. This will confirm that it is not the Employer's intention to replace any full-time employees with part-time or temporary employees: The Employer's current business plan calls for a continuation of using full-time employees Monday to Friday and part-time employees on weekends as per current practice. The growth of the full-time or part-time work forces will of course depend on customer needs.
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APPENDIX "C"
TRAINING AND DEVELOPMENT APPENDIX
1. There shall be a Training Registry indicating which employees are Trainees in each classification and which employees have been fully trained.
2. The Employer shall post new Trainee opportunities that it identifies. The posting shall state the maximum number of days of training to be provided to the successful applicant, by which time the Employer shall determine whether that person has demonstrated to its satisfaction that they are fully trained and capable to perform in the position. Trainees will continue to occupy and work in their normal classification from day to day and will be trained in their Trainee classification when opportunities arise. Trainees shall be paid in accordance with Article 23 while being trained in their Trainee classifications.
3. In considering applications in response to such a posting, the Employer will consider the relative seniority and ability of the applicants to successfully complete the training.
4. An employee shall be accepted as a Trainee in only one classification at any one time and shall be entered in the Registry as such. However, an employee may apply for a subsequent Trainee opportunity if the employee has not yet begun or has previously completed training in a prior Trainee position.
5. When a training opportunity becomes available in such a classification, the most senior available Trainee listed in the Registry for the classification in question will be assigned the training, until such time as that person is considered fully trained or the time limit stated in the posting expires, whichever shall first occur. It is understood that training assignments will not, however, be made' if they would interfere with the efficiency of operations in the employee's regular job.
6. A Trainee who declines a training opportunity shall be struck from the Training Registry and shall not be eligible to re-apply for a Trainee posting for one (1) year, unless there were valid medical reasons for the employee's declining.
7. The parties agree that they may make amendments to this Appendix by mutual agreement during the term of this Collective Agreement.
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APPENDIX "D"
BENEFITS APPENDIX
It is understood and agreed that the benefit plans provided for in Article 20 of the Agreement are subject to the following caps and limits:
1. DENTAL: cap of one thousand five hundred dollars ($1 ,500.00) per year per covered person on basic dental.
Employer would pay 1 00% of the Plan's cost based on Plan paying eighty percent (80%) of the ODA Fee schedule rates (employee pays 20% to dentist).
2. PRESCIPTION DRUGS: cap of five thousand dollars ($5,000.00) per year per covered person, provided that for employees who exceed this cap (for themselves or a family member) and apply to the Ontario Trillium plan for coverage, the Employer will reimburse the employee for up to two thousand dollars ($2,000.00) of the employee's obligation unoer that plan, upon presentation of proper verification of the expenses and the employee's application to the Trillium plan. The Employer shall assist employees with their applications to Trillium, upon request. The employee will take all necessary steps including any right of appeal to obtain such coverage. SPECIAL CIRCUMSTANCES: For those few employees who would have exceeded the combine seven thousand dollars ($7,000.00) of coverage outlined above in 2009, had it existed, the Employer and the Union agree to work with those individuals to secure the Trillium coverage. Such employees must identify themselves to the Employer by January 15, 2010 and release all necessary information to the Employer. In the event that the employee is not successful in doing so and has provided all necessary information, the Employer will work to try to find a viable solution, including considering having the current insurer exceed the cap for those specific employees only.
Dispensing fee: the employee shall pay the first two dollars ($2.00) on each dispense.
3. LONG TERM DISABILITY INSURANGE: Employees will pay one hundred percent ( 100%) of the premium cost (which is currently eight dollars and ninety eight cents ($8.98) per employee per week.
4. GROUP INSURANCE PLANS LISTED IN 20.01 (a): Change Employer's portion of plan costs to ninety percent (90%).
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