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FEB 2 5 7.005 COLLECTIVE BAFIGAJN\NG iNFORMATiON SERVICES
Rl.ENo. 3 g::;-- 0/t;.-b CERT. FILE tJV,;}_,0-/9 9/-R_ CERT. DATE fir ---:JurJ-{9'f/ TOTALEMPS /07 EFF. DATE Iff-F£6-119-COLLECTIVE AGREE l\ £»'NATE /1-FK:'€r~o"CJ;
CODING CONTROl l.llAT~ ~0~ IOENT GOOEO lA.f t 11 1v-ar
RECEIVED. /
UNION vr I EMPLOYER . I OTHER
T & S BLOWMOULDING INC. (hereinafter referred to as the "Company")
OF THE FJRST PART -and-
BREWERY, GENERAL AND PROFESSIONAL WORKERS' UNION (hereinafter referred to as the "Union")
, IL-
OF THE SECOND PART
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ARTICLE 1- GENERAL PURPOSE OF AGREE:MENT
1.01 . This Agreement is entered into by the parties hereto in order to provide for orderly collective bargaining relations between the Company and its employees. It is the desire of both parties to co-operate in maintaining a harmonious relationship between the Company and its employees, to promote efficiency and service through the support of established standards of quality and productivity and to settle amicably differences or grievances which may arise from time to time hereunder in the manner hereafter set out.
ARTICLE 2 - USE OF TERMS
2.01 "Employee" as used in this Agreement shall mean those persons in the bargaining unit described in Article 4.01. ·
2.02 The feminine or masculine gender may be used interchangeably throughout this Agreement; wherever one gender is used, it shall be construed as the other, if the facts or context so require.
2.03 Whenever the singular is used, it shall be construed as meaning plural, if the facts so reqmre.
ARTICLE 3 - NO DISCRIMINATION
3.01 The Company, the Union and the employees agree that no one will directly or indirectly discriminate against an employee because of race, age, religious beliefs, colour, sex or ethnic origin. The parties further agree that there shall be no intimidation, discrimination, interference, restrictions or coercion exercised or practised by either of them.
ARTICLE 4 -RECOGNITION
4.01 The Company recognizes the Union as the sole and exclusive bargaining agent of all its employees in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, persons regularly employed for not more than twenty-four hours per week, students employed during the school vacation period and office and sales staff
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ARTICLE 5- UNION SECURITY
5.01 The Company agrees to deduct from the regular pay of all employees in the bargaining unit, an amount equal to the Union dues (and Union initiation fee where applicable) as prescribed by the Union in writing and shall transfer such monies along ·with a list of the employees from whom deductions were made, and the amounts, to the Union office monthly, not later than the fifteenth day of the month following the month for which such deductions were made.
5.02 The Union shall notifY the Company by letter of any change in the amount of Union dues and such notification shall be the Company's conclusive authority to make the deductions specified.
5.03 The Union shall indemnifY and save the Company harmless from any claims, suits, judgements, attachments and from any form of liability as a result of making such deductions in accordance with the written direction of the Union.
5.04 It is agreed that the Union and employees will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the prior permission of Management.
5.05 As a condition of employment, each and every employee who has completed his probationary period must become and remain a member in good standing of the Union. The Union agrees that in the event that an employee fails to remain in good standing, no action will be taken by the Company with respect to the employee's continuing employment until all reasonable efforts have been made by the Union to resolve the matter, including a meeting between the Urtion and the Plant Manager.
ARTICLE 6- MANAGEMENT RIGHTS
6.01 Except to the extent expressly abridged by a specific provision of this Agreement, the Company reserves and retains, solely and exclusively the right to:
(a) operate and manage every aspect of its business, including but not limited to the right· to plan, direct, expand, control, reduce, initiate, modifY and terminate all or part of its operations;
(b) to hire, to assign, to transfer, to promote, to suspend, to demote, to lay off, to recall, to discharge or discipline all seniority employees for just cause and probationary employees in accordance with Article 14;
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(c) to establish and change shift schedules, starting and quitting times; to transfer work from one job to another or from one department or division to another, to determine job content requirements and establish job qualifications; to discontinue processes or operations or to discontinue their performance by any employee; to introduce any new or improved methods, facilities or operations;
(d) to determine the size of the working force and the amount or kind of supervision necessary; to select, direct and control the working forces, including the number of any employees assigned to a particular operation and the work pace and the work performance levels; and to make, enforce and alter rules, regulations and policies governing the conduct of working forces and the operation of the business, all of which shall be vested exclusively in the Company.
Failure of the Company to exercise any of its management's rights at any time shall not be considered to be an abandonment of such rights.
ARTICLE 7 - NO STRIKE OR LOCK-OUT
7.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Company agrees that there will be no lock-out of the employees during the term of this Agreement and the Union agrees that there will be no strike, slow down, sit down, planned inefficiency or other concerted action which will interfere with work or production.
7.02 Any employee who aids, assists, or participates in any of the activities prohibited by this Article shall be subject to disciplinary action, including discharge.
7.03 It is agreed that during any suspension of work for any cause, the Company's property and equipment shall be left in good condition by the employees and equipment shall be shut down correctly without damage.
ARTICLE 8- UNION REPRESENTATION
8.01 The Company recognizes the right of the Union to appoint or select a Negotiating Committee comprised of not more than three seniority employees. The Company recognizes and acknowledges that it will deal with the Negotiating Committee with respect to negotiating the renewal or modification of this Agreement at the proper time. The Union shall notify the Company forthwith in writing of the names of the
8.02
8.03
8.04
8.05
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Negotiating Committee members as they are selected and the Company shall not be required to recognize any such committee member until it has been so notified.
The Company acknowledges the right of the Union to appoint or otherwise select one Chief Steward and two stewards with a view to ensuring representation on all three shifts wherever possible.
It is understood that the Chief Steward and/or the Stewards has his regular work to perform on behalf of the Company, and when it is necessary to service a grievance, the Steward responsible for the matter will not leave his work without first notifYing his supervisor and obtaining permission which shall not be unreasonably withheld. With this understanding, the Company will pay for any reasonable time during working hours used by the Chief Steward or the Stewards in handling grievances up to but not including arbitration. The Company reserves the right to limit such time ifthere is an abuse of time so taken. The compensation received by the Chief Steward or Stewards shall be at the Steward's straight time hourly rate of pay inclusive of any prenuums.
It is understood that the Company will reimburse members of the Negotiating Committee for 50 per cent of their normal regular wages inclusive of any premiums for the time spent meeting with members of management during hours when they would otherwise be on the schedule to work. The Company and the Union will each pay 50 per cent of the cost of the rental of mutually acceptable facilities for negotiations.
There shall be no Union activity on the premises of the Company during working hours except as specifically permitted by this Agreement or by the Company in writing.
ARTICLE 9- GRIEVANCE PROCEDURE
9.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible.
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9.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall bring the matter to the attention of the supervisor and is encouraged to discuss the complaint \vith his supervisor. A steward may be present if requested by either party. Such a complaint must be brought to the attention of the supervisor within three working days of the incident or circumstance giving rise to the complaint. The supervisorshall state his decision verbally within three working days of the receipt of the complaint.
Step No.1
Should the employee be dissatisfied with the supervisor's disposition of the complaint, he may, with the assistance of a Union Steward, refer such matter on a written grievance form to his supervisor who shall answer the grievance in writing within five working days. The complaint shall constitute a formal grievance at Step One and must be filed within five working days of receipt of the oral reply of the supervisor to the complaint.
The grievance form shall include the following minimum information; however, any error or omission to include the information referred to in sub paragraphs (i) through (vi) shall not be cause to invalidate the grievance:
(i) name of the grievor;
(ii) date of the act, event, occurrence or omission forming the basis of the grievance;
(iii) substance of the grievance clearly stated;
(iv) the Article or Articles of the Agreement allegedly violated. The parties agree that this requirement is not to be construed as placing a limitation on arguments available to the Union;
(v) reliefsought;
(vi) signature of the Chief Steward, Steward or other Union official and by the grievor in discipline cases.
Step No.2
Should the employee be dissatisfied with the disposition ofthe grievance at Step One, the grievance may be referred to the Plant Manager and a meeting between the Plant Manager or his designate and the Union Steward shallbe conducted ·within five
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working days of the submission of the grievance to the Plant Manager. The Plant Manager or his designate shall answer the grievance in writing within five working days. The grievance must be filed with the Plant Manager or his designate within three working days of the receipt of the supervisor's written reply at Step One.
Step No.3
If no settlement is reached at Step 2, the Chief Steward, and the Union representative (if requested) and a representative ofManagement shall meet within five working days at a time mutually agreed upon, to discuss the grievance. The Company will give its answer within five working days.
If a settlement of the grievance is not reached at Step 3, the grievance may be referred by the party having carriage of the grievance to arbitration as provided in Article I 0 below, provided that notice of intent to arbitrate is given to the other party within ten days after completion of Step 3.
The time limits and other procedural requirements set out in Article 9 can be extended by mutual agreement.
ARTICLE 10- ARBITRATION
10.01 Both parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article 9 and which has not been settled, will be referred to an arbitrator, at the written request of either of the parties hereto.
10.02 The arbitrator will be chosen and mutually agreed to by the parties. In the event the parties are unable to agree upon an arbitrator within twenty days from delivery of the decision referred to in Step 3 of the grievance procedure above, then the party requesting arbitration may apply to the Mnister of Labour for the Province of Ontario for the appointment of an arbitrator. The arbitrator so chosen or appointed shall then forthwith consider and determine the matters in dispute and render a decision on them and the decision of the arbitrator shall be final and binding on all parties concerned.
10.03 The arbitrator shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.
10.04 Each of the parties to this Agreement shall bear equally the expenses of the arbitrator.
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10.05 It is agreed and understood that the parties may agree to substitute a board of arbitration for the sole arbitrator. Such a substitution must be agreed to in writing.
ARTICLE 11 - UNION POLICY OR COMPANY GRIEVANCE
11.01 A Union policy grievance or a Company grievance may be originated at Step Three of Article 9 provided that such grievance is filed in writing, and shall be dealt with thereafter in accordance with the grievance and arbitration procedures. The grievance must be filed within ten days from the time the circumstances upon which the grievance is based are known or reasonably could have been known by the grieving party.
ARTICLE 12- DISCHARGE AND DISCIPLINE
12.01 An employee who is discharged shall be given a reasonable opportunity to consult with his steward before leaving the premises. In all cases, such period shall not exceed 15 minutes. 12.02 A claim by a seniority employee that he has been unjustly discharged shall be treated as a grievance and shall commence at Step Three of the grievance procedure. Such grievance must be in writing and must be filed with the Plant Manager within three working days of the discharge.
12.03 The Company agrees to provide the Chief Steward or his alternates with copies of all written disciplinary notices after issuance.
12.04 Disciplinary notices will not be referred to after one year from the date of the notice. 12.05 It is understood and agreed that notification to the Company in the event of absence from work is a fundamental obligation of the employee. Accordingly, failure to attend work as scheduled without adequate prior notice to the Company will subject the employee to discipline up to and including discharge.
ARTICLE 13 -ADMINISTRATION OF DISCIPLINE
13.01 Employees are required to perform their duties and responsibilities in a satisfactory manner and to conduct themselves, at all times, in a disciplined, safe and lawful manner while performing their job. ·
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ARTICLE 14- SENIORITY
14.01 Seniority is the length of uninterrupted Company service an employee has within the bargaining unit and shall be on a plant-wide basis.
14.02 There shall be a seniority list posted every six months. The employee is entitled to challenge his position on the seniority list at any time. It is understood, however, that the Company is entitled to rely on the employee's seniority standing as indicated on the list with respect to any announced action to be taken by the Company prior to the employee successfully challenging his position on the seniority list.
14.03 An employee will be considered on probation until the completion of sixty days of actual work within six consecutive months and shall have no seniority rights during that period. Upon completion of his probationary period, he shall be credited with seniority dating back to his last date of hire. The dismissal, discipline, lay-off or failure to recall after lay-off of a probationary employee shall be effected at the sole discretion of the Company for any workrelated reason provided that the Company does not exercise its discretion in bad faith and shall not be a matter which may form the subject of a difference between the parties and therefore shall not be the subject of a grievance.
14.04 Lay-offs which are antiCipated to exceed one working day and recalls within the bargaining unit shall be based upon the following factors: seniority shall govern if the senior employee meets the skills, ability and reliability to perform the work required.
14.05 Except in the case oflaycoffs offive days or less, the Company will endeavour to give notice of lay-off (written or verbal) of forty-eight hours in advance of the lay-off to seniority employees provided, however, that no such notice shall be required in the event of a lay-off arising from circumstances beyond the control of the Company.
14.06 It shall be the duty of the employee orlaid off person to notify the Company office promptly of any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records shall be conclusively deemed to have been received by the employee or laid off person.
14.07 Seniority shall be terminated and an employee shall cease to be employed by the Company when he:
(i) voluntarily quits his employment with the Company;
(ii) is discharged and is not reinstated through the grievance procedure or arbitration;
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(iii) has been on lay off for a continuous period in excess oftwelve months;
(iv) fails to report for work within four working days after delivery at his last known address by registered mail, of notice of recall from the Company following a lay off unless a satisfactory reason is provided;
(v) fails to return to work immediately after the expiration of a leave of absence unless prevented from doing so by a cause beyond the control of the employee or after having been declared able to return to work by the Workers' Compensation Board and fails to produce a bona fide medical certificate indicating his inability to attend;
(vi) accepts or performs gainful employment with a business in competition with the Company while on a leave of absence, without first obtaining the consent of the Company in writing;
(vii) if absent due to non-compensable illness or disability for a period in excess of eighteen months unless medical evidence is offered prior to the expiration of this period demonstrating that recovery and ability to return to work is imminent;
(viii) if absent due to a compensable injury for a period in excess of twenty-four months unless medical evidence is offered prior to the expiration of this period demonstrating that recovery and ability to return to work is imminent; and
(ix) . is absent for three consecutive working days without authorization and/or without notifying the Company unless the employee provides a satisfactory reason for his failure to provide such notification.
14.08 In the event that an employee after medical leave indicates any limitations in respect of the conduct of his duties, he will be required, prior to engaging in any work, to provide a satisfactory medical certificate setting out his specific limitations. The employee will not be paid for scheduled hours lost in securing the medical certificate.
ARTICLE 15 - TEMPORARY TRANSFER
15.01 Whenever an employee is transferred temporarily to a higher rated job for a period of four hours or more, he shall be paid his current rate or the rate of the job, whichever is greater.
15.02 An employee temporarily transferred to a lower rated job forthe convenience of the Company will maintain his higher rate unless the transfer is as a result of lay-off or at the employee's request in which case the employee will receive the lower rate for all hours worked.
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ARTICLE 16- JOB POSTING
16.01 All permanent vacancies for new job classifications and existing jobs shall be.posted for a period of five working days and any employee in the bargaining unit may make application for such vacancy. The vacancy as posted shall indicate the applicable hourly rate and shift for the job concerned, and a summary of the job duties. Only the original vacancy and one succeeding vacancy shall be posted and all other vacancies which occur as a result of having filled those vacancies shall be filled at the discretion of the Company. In the filling of the posted vacancies, seniority shall govern between applicants provided that, in the judgement of the Company, the senior applicant meets the skills, ability and reliability to perfonn the duties of the position. Nothing herein shall prevent the Company from hiring from outside the bargaining unit when no qualified employee applies, it being understood that so long as there are qualified employees in the bargaining unit who have applied, persons from outside the bargaining unit will not be hired.
16.02 Temporary vacancies, defined as vacancies caused by the absence of employees for periods ofless than two months duration or jobs, the duration of which are not expected to exceed two months, can be filled at the discretion of the Company.
16.03 An employee who is successful in applying for a posted position will have a thirty day training period, at the end of which time he may be returned to his previous position if he is unable, on an objective assessment, to fulfil the reasonable requirements of the position, or at his own request. During this period, he will be paid at the greater of the new job rate less 50 cents per hour, or at the rate for his previous classification. At the successful conclusion of the training period, the employee will be paid the rate for the new job.
ARTICLE 17 -LEAVE OF ABSENCE
17.01(a) "Leave of Absence" shall mean an absence from work requested by an employee in writing and consented to by the Company in writing. All requests for personal leave of absence shall be made to the Plant Manager or his designate in writing (unless the Plant Manager or his designate agrees otherwise) by the employee concerned and the letter shall indicate in full the reason for requesting the leave of absence. Any leave granted shall be in writing and refer to a specific period of time. The granting of a leave of absence shall be at the sole discretion of the Company but will not be unreasonably withheld and shall be without pay or any other form of compensation although seniority continues to accrue and the employee shall not work in any other position with a competitor during such leave of absence unless agreed to by the Company in writing.
17.01(b)
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No more than three employees at any one time will be granted leave of absence under Article 17.01 .. An employee who returns late from a leave of absence, without having received permission therefor, will not be entitled to take another leave of absence for three years.
17.02 The Company, subject to operational requirements, shall consent to an unpaid leave of absence for up to one year to an employee who is elected or appointed to a full time position with the Union. Such consent shall not be unreasonably denied. Such leave may be extended for a further period in accordance with the above considerations. The Company shall be given at least one month's written notice of such leave request. An employee granted a leave of absence under this paragraph will have his seniority continue to accrue up to a maximum of twelve months.
17.03 The Company, subject to operational requirements, shall consent to a maximum three days unpaid leave of absence per Agreement year for one steward to attend Union educational seminars. Such consent shall not be unreasonably withheld. The Company shall be given at least two weeks written notice of such leave request. ·
ARTICLE 18 - BEREAVEMENT LEAVE
18.01 Leave of absence with pay in accordance with the schedule below, shall be granted to all employees who have completed their probationary period and who have suffered the death of a member of their family, to attend the funeral. Employee.s shall not be paid for the days that they were not scheduled to work.
(i) In the event of the death of a mother, father, brother, sister, grandfather, grandmother, father -in-law, mother-in-law, brother-in-law, sister-in-law or grandchild, the employee, on request, will be entitled to a paid leave of absence of three consecutive working days.
(ii) In the event of the death of a spouse (including common-law spouse) or child or stepchild, the employee, upon request, will be entitled to a paid leave of absence offive consecutive working days.
In the event that the employee cannot attend the funeral for the individuals enumerated in (i) and (ii) above, the employee, upon request for a leave of absence, will be entitled to one day paid leave of absence ..
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ARTICLE 19 - JURY DUTY
19.01 An employee shall be granted leave with pay at his regular hourly rate, to a maximum of fifteen working days per occasion for the normally scheduled number of hours the employee would have otherwise worked, for the purpose of serving jury duty, or as a material witness subpoenaed by the Crown. The employee shall reimburse the Company the full amount of jury pay or witness fees excluding the expense allowance received by him.
ARTICLE 20- STATUTORY HOLIDAYS
20.01 The following paid holidays, regardless of when they fall, will be granted with pay to all employees who are eligible pursuant to this Article.
January 1 Victoria Day First Monday in August Thanksgiving Day Boxing Day
Good Friday Canada Day Labour Day Christmas Day December 31
20.02 Payment for such holidays shall be based on the employee's regular hourly rate multiplied by eight. When any of the said holidays fall on other than a working day, then the Company may designate either the preceding Friday or the following Monday as the day upon which the holiday will be celebrated. If an employee is required to work on a recognized holiday, payment for all hours worked will be paid at the rate of time and one half the employee's straight time hourly rate, in addition to the unworked holiday pay.
20.03 . Where one of the aforementioned paid holidays falls during an employee's approved vacation period, he shall be allowed an extra day's vacation with pay at the end of his vacation.
20.04 An employee will be eligible to receive the benefits described in Article 20.0 I if the employee:
(a) has completed the probationary period;
(b) has earned wages on at least ten days during the four weeks immediately preceding the holidays; and
(c) has worked his scheduled regular day of work preceding or following a holiday unless due to lay-off within the five working days immediately prior to the holiday or one day after the holiday.
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20.05 An employee who qualifies for holiday pay under Article 20.04 will not be eligible if he has agreed to work on a holiday and fails to do so unless absent due to verified illness or accident or death in the family or other acceptable reason.
20.06 An employee is deemed to have worked either the qualifYing scheduled day prior to or after the holiday if absent due to sickness or injury as certified by a physician. An employee may not claim the benefit of this provision more than twice per calendar year.
20.07 It is agreed that should an employee qualifY for holiday pay for one or more of the above holidays and receives sickness and accident or Workers' Compensation benefits for that holiday, he will not be entitled to holiday pay from the Company.
20.08 Notwithstanding any other provision of this article, an employee who otherwise qualifies under this agreement for holid&y pay in respect of Christmas Day will also automatically qualifY for pay for Boxing Day, New Year's Eve and New Year's Day. This provision will apply where the employee would be 'disqualified from receiving pay for Boxing Day, New Year's Eve and/or New Year's Day by reason of lay-off which occurred more than five working days prior to the holiday.
20.09 In a week in which a statutory holiday occurs, an employee who is scheduled to work ten hour shifts will be offered the opportunity to work sufficient additional hours at straight time in order for him/her to receive forty hours pay for the week.
ARTICLE 21- VACATIONS WITH PAY
21.01 (a)
(b)
(c)
(d)
An employee who has less than one year of service as of July 19 of the current vacation year, will receive vacation pay of 4 percent of his earnings.
An employee who has completed one year of service but less than five years of service as ofJuly 19 of the current vacation year, will receive two weeks of vacation with 4 percent of his earnings.
An employee who has completed five years of service but less than ten years of service as of July 19 of the current year, will receive three weeks of vacation with vacation pay of6 percent of his earnings.
An employee who has completed ten years of service as of July 19 of the current vacation year, will receive four weeks of vacation with vacation pay of 8 percent of his earnings.
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21.02 Employees will be required to take vacation during the annual shutdown, if any shutdown is scheduled. The annual shutdown is normally scheduled for a period of two weeks, commencing on July i9 or the closest working day following this date. If the shutdown is to take place at any other time, or if no shutdown is to be scheduled, the Company agrees to provide at least forty five days notification.
21.03 All employees entitled to vacation pay for the Plant shutdown time will receive four percent of their earnings. Additional vacation time to which an employee is entitled shall be taken within the twelve month period following the Plant shutdown. Vacation pay for each additional week will be paid on the pay day prior to the scheduled vacation period. A minimum of two weeks notice for the processing of the vacation pay will be required except in emergency situations.
2L04 Employees will be granted preference by seniority with respect to selection of vacations other than the scheduled Plant shutdown, subject to the Company's right to maintain a competent workforce. The vacation year shall be from July 19 through to July 18, and vacations cannot be accumulated from year to year. As well, vacations cannot be waived by an employee in favour of extra pay.
21.05 In the event that certain work is required to be performed during the shutdown, the Company will post a list of the required complement <if employees per classification at least fourteen days prior to shutdown. Employees must signif'y their desire to work during this period by placing their name on the appropriate list at least seven days prior to shutdown. Where the number of employees volunteering for such work is greater than what is required, seniority will apply, provided the senior employee has the skill, ability and reliability to perform the work required. It is understood, however, that if an insufficient number of employees volunteer to perform the work, the Company will assign the work at its discretion.
ARTICLE 22- HOURS OF WORK AND OVERTIME
The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week.
22.01 (a) The normal work week shall consist of five· consecutive work days, Monday to Friday. The normal work day shall consist of eight consecutive hours (inclusive of paid breaks); ·
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(b) in lieu ofthe provisions of the preceding paragraph, the company may substitute a work week consisting offive consecutive eight-hour shifts, Monday to Friday, with two paid 1 0-minute breaks and one paid 20-minute lunch. Should the company opt to change to this system, or to revert to the previous schedule, it shall provide the Union and the employees with a minimum of two weeks notice; and
(c) the parties may, by mutual agreement, readjust this hours of work provision at any time.
22.02 (a)
(b)
Employees shall be paid at the rate of one and one half times their normal straight time hourly rate for all work assigned and performed in excess of eight hours per day; and for work performed on the employee's scheduled day off.
Notwithstanding Article 22.02(a), an employee may volunteer to work up to .an additional four hours daily overtime at straight time, Monday to Friday. An employee who does so volunteer will not receive overtime pay at the rate oftime and one-half on either a daily or weekly basis in respect of those hours. All extra work, Monday to Friday, will be offered to qualified bargaining unit employees on this basis prior to the utilization of any other alternatives.
22.03 No employee who is requested by the Company to\vork outside his scheduled shift hours will be required to take time out of his scheduled shift to offset such hours.
22.04 When overtime work is required, the Company shall endeavour to give at least twenty-four hours notice. First preference to overtime will be given to seniority employees on a rotating basis who are at work and who normally perform the work. If no such qualified employee volunteers to perform the work, then the available overtime work shall be distributed on a rotating basis amongst the other employees who normally perform the work.
22.05 Where overtime is required, the Company will seek qualified volunteers starting with the employees who normally perform the work, and who have had the least accumulated overtime opportunities to date. If no qualified employee volunteers, the overtime work will be assigned on a rotating basis starting with the most junior employee.
22.06 If an employee volunteers to perform overtime it is understood that the employee cannot subsequently refuse to perform the work.
22.07 The Company will post a weekly work schedule for employees no later than the Monday of the week immediately preceding the week for which the schedule is posted.
22.08 Employees may make arrangements amongst themselves, with the prior agreement each time, of the Plant Manager or his designate, to trade shifts.
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22.09 Where operationally possible, the Company will make every effort to accommodate employees' desires with respect to shift schedules by seniority, it being understood that no employee may use their seniority to displace an employee from a shift unless such displacement is required to enable the employee to maintain his/her classification in a lay-off situation, or to avoid lay-off.
22.10 The Company agrees to post on the bulletin board monthly, a year to date listing of overtime hours worked and overtime hours declined.
22.11 The Company will schedule employees classified as Packer, Machinist, Set Up or Assistant Shipper on steady shifts. ·
22.12 The Company will schedule employees classified as Q.A. Packer, Material Handler, and Lead Hand on a two week about basis.
ARTICLE 23- REST PERIODS
23.01 Employees on eight-hour shifts pursuant to Article 22.0l(a) will be allowed two fifteenminute paid rest periods in each shift worked. Ali employees will also be granted a tliirtyminute unpaid lunch in the course of each regular shift.
Employees have the option of taking two half-hour breaks, one during each half of the shift in lieu ofthe paid breaks and the half-hour lunch.
ARTICLE 24- REPORTING ALLOWANCE
24.01 Any employee ordered to report for work and reporting will be guaranteed four hours work provided that he remains on the premises and does any work assigned to him, or four hours pay at his minimum rate in lieu thereof. This provision shall not apply if work is not available because of circumstances beyond the control of management, such as power failure, fire, boiler or other major equipment breakdown not susceptible to repair within a reasonable time, or the failure of other employees to report or to remain on the job. Such reporting pay shall · be at the employee's minimum hourly rate.
24.02 All employees will be considered called to work unless notified not to report prior to their regular starting time. Where practicable, the Company will attempt to notify the employee the night before if he is not to report. The Company shall not be held liable if a reasonable effort is made to contact employees prior to their regular starting time at the telephone number on the employee's personnel file.
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ARTICLE 25 - CALL-IN PAY
25.01 An employee who is .called in to work after having completed his regular scheduled shift shall be guaranteed a minimum ofthree hours work or three hours pay at the rate of one and a half · times his normal straight time hourly rate, unless such work is contiguous to his regular shift
ARTICLE 26 - SHIFT PREMIUM
26.01 For afternoon shifts, a premium of thirty cents. will be paid on hours worked.
26.02 For night shifts, a premium offorty-five cents will be paid on hours worked.
26.03 Shift premiums shaH not be considered part of the basic wage in determining the amount of overtime payments.
ARTICLE 27- BULLETIN BOARDS
27.01 The Company will provide access to a bulletin board for the convenience of the Union in posting notices of Union meetings oc other information. All such notices must be signed by the proper officer of the Union and submitted to the Plant Manager or Supervisor of the Company for approval before being posted. Such approval shall not be unreasonably withheld.
ARTICLE 28- HEALTH AND SAFETY
28.01 The Company shall continue its practice with respect to maintaining a clean, safe working place for its employees. The Union recognizes and accepts the responsibility of the employees to treat all equipment and facilities with due proper care.
28.02 The Union in consultation with the employees in the Bargaining Unit, shall appoint two employees to its Health and Safety Cornrnittee. The Committee shall have all the powers and responsibilities of a Health and Safety Committee under the Occupational Health & Safety Act R.S.O. 1980 Chapter 321 as amended. The names of the Committee members and their work locations shall be posted and kept posted in a conspicuous place or places where it is most likely to come to the attention of the employees in the Bargaining Unit. The Union agrees to cooperate with the management of the Company in its endeavours toward improving working conditions by such means as education of employees on safe working habits, increasing safety and health ofits employees.
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28.03 Employees concerned with matters of safety must immediately bring the problem to the attention of their supervisor.
28.04 The Committee shall meet with the Company every two months. In the event of an emergency, the parties shall meet as soon as reasonably possible.
28.05 The Company agrees to continue the current practice of supplying safety glasses, hearing protection and gloves where required by the job.
28.06 The parties agree to endeavour to improve the condition of the plant with respect to fire safety issues.
ARTICLE 29 - INJURY
29.01 An employee who is injured on the job, such that he cannot complete his shift, will nevertheless be paid the balance of his normal shift at his regular straight time hourly rate.
ARTICLE 30 -PRESCRIPTION SAFETY GLASSES
30.01 The Company will reimburse each employee after completing his probationary period, up to · a maximum of eighty dollars ($80. 00) within a two year period in which the employee purchases prescription safety glasses, providing that the following conditions are met:· (a) the job requires safety glasses;
(b) the employee requires prescription glasses at work;
(c) all glasses meet the requirements of C. S .A code for eye protection; and (d) receipts for purchases are documented in the Personnel Office.
ARTICLE 31 -SAFETY BOOTS
31.01 The Company will reimburse each employee after completing his probationary period, 75% of the cost of safety boots to a maximum of $150 reimbursement per person per collective agreement year in which the employee purchases safety boots, providing the following conditions are met:
(a) the job requires safety boots;
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(b) the safety boots meet the requirements ofC.S.A. code for foot protection; and
(c) receipts for purchases are documented in the Personnel Office.
ARTICLE 32- TOOLS
32.01 The Company agrees to supply any tools required for use by employees, and to replace worn . or broken tools when necessary in accordance with the policy to be implemented and posted by the Company .
. ARTICLE 33 - BENEFITS
33.01 The Company agrees to continue its current practice of making premium contributions in respect of those benefits described in Schedule "B".
33.02 In the event of a dispute in respect of an employee's eligibility for benefits pursuant to any of the plans set out in Schedule "B", it is understood that such dispute is a matter exclusively between the carrier and the employee. For further clarity, it is hereby understood that the Company's obligation extends only to the payment of premiums.
ARTICLE 34- PAY CHEQUES
34.01 Employees shall receive weekly pay cheques on Thursdays and such cheques will include details of pay calculation and all deductions.
34.02 The Company will provide employees with a complete breakdown as to the calculation of their vacation pay.
ARTICLE 35 - CONTRACTING OUT
35.01 The Company agrees not to contract out work normally and regtilarly performed by employees in the bargaining unit if such contracting out directly results in the lay-off of or failure to recall bargaining unit employees.
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ARTICLE36- BARGAINING UNIT WORK
36.01 Supervisory personnel, with the exception of one working foreman per shift, shall not perform work normally performed by an employee in the bargaining unit. Foremen shall not perform bargaining unit work to the exient that it would cause the lay-off or prevent the recall of any bargaining unit employee.
The weekend Foreman may not perform any bargaining unit work Monday to Friday, except to perform a set-up or changeover when no qualified member of the bargaining unit is available, and when the set-up or changeover is immediately required. On weekends, the weekendForemanmay not perform work of the bargaining unit except when he is supervising a shift on that weekend.
36.02 Notwithstanding the foregoing, the Plant Manager may perform maintenance work on the Company's equipment, and the Plant Manager or other Supervisory personnel may perform bargaining unit work in emergencies, or for the purposes of training or safety.
ARTICLE 37- WAGE SCHEDULE
37.01 Attached hereto, and forming part of this Agreement, is a schedule (SCHEDULE "A") of wages for all employees.
ARTICLE 38- PAST AGREEMENTS
38.01 The parties agree that this Agreement constitutes the entire Agreement between them and that any and all previous Agreements, Supplementary Agreements, Letters of Intent, Understanding, etc., whenever made and whether or not reduced to writing are hereby cancelled and that effective upon the signing of this Agreement, the Company's obligations to the Union and a!Lemployees respecting conditions of employment, working conditions and employee benefits are limited exclusively to those specifically stated in this Agreement.
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ARTICLE 39- DURATION
39.01 This Agreement shall terminate on February 17, 2002.
Dated at Toronto, Ontario, this 21st day of May, 1999.
I FOR THE UNION:
C7c ''--~ _(.-"' --
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SCHEDULE "A"
WAGES: T&S BLOWMOULDING
HOURLY WAGE RATES AND CLASSIFICATIONS
JOB CLASSIFICATION
Machinist
SetUp
Maintenance
Set Up Trainee*
Lead Hand
Assistant Shipper
Material Handler
Q.A. Packer
Utility
Packer
Part-time Packer **
$RATE ON FEB. 18,2002
19.53
18.42
16.12
15.41
12.45
12.11
10.88
10.78
10.48
10.18
8.81
FEB.18, 2003 FEB.18, 2004
19.68 19.83
18.56 18.70
16.24 16.36
15.53 15.65
12.54 12.63
12.20 12.29
10.96 11.04
10.86 10.94
10.56 10.64
10.26 10.34
8.81 8.81
• A set np trainee will be automatically reclassified to the set up rate after a maximum of one year as a trainee.
** A part time packer hired after July 14, 1999, will be paid $8.25 per hour.
Probationary Packer: Other Jobs:
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PROBATIONARY RATES
Packer Job Rate less 30 cents Other Job Rate less SO cents
BONUS
As soon as possible following ratification the Company will pay each full-time employee a bonus equal to .75% of an amount equal to 2080 times his/her wage rate on ratification. On the first pay following February 18, 2000, the Company will pay each full-time employee a bonus equal to 1% of an amount equal to 2080 times his/her wage rate effective on February 18, 2000.
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SCHEDULE "B"
BENEFITS
All employees who have completed their probationary period will be covered under the following benefits:
GROUP LIFE INSURANCE
ACCIDENTAL DEATH AND DISMEMBERMENT
WEEKLY INDEMNITY (integrated with UIC):
$25,000.00
$25,000.00
First Day- Non-Occupational Accident; Fourth Day- Illness; Maximum Period of26 weeks Benefit Level:60% of gross weekly regular wages to the UIC maximum weekly benefit amount.
MAJOR MEDICAL EXPENSES:
Basic Drug: Drugs that must be purchased by Prescription only
Extended Health Benefits
Semi-Private Hospital Coverage
Out of Province Coverage
Deductible: $10.00 per person; $20.00 maximum per family per calendar year
100% reimbursement to maximums as set out in Group Insurance Booklet
Vision care- maximums $150.00 every two years for adults and $150.00 every year for children.
This is only a summary of the Benefits Coverage. Further details are outlined in the Group Insurance Booklet.
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LETTER OF INTENT
BETWEEN:
T & S BLOWMOULDING INC.
-and-
BREWERY, GENERAL AND PROFESSIONAL WORKERS' UNION
The Union agrees that the employer may establish a regular weekend crew of part-time employees who will not work in excess of a twelve-hour shift on Saturday and a twelve-hour shift on Sunday. The employer will not utilize this crew if there are seniority employees of the employer on lay-off. Employees on the weekend crew will be entitled to be paid pursuant to Schedule A of the agreement and will pay union dues, but will not be entitled to receive insured benefits pursuant to Schedule B of the agreement. Employees on the weekend crew will receive straight time pay for all hours worked.
The employer agrees not to use part-time employees for casual weekend overtime not involving the regular operations of the weekend crew.
In the event that job vacancies occur for full-time employees, the employer will give preference to persons employed on the weekend crew.
Part-time employees on the weekend crew will be entitled to the benefits of Articles 3, 9, 15, 16, I 7, 24, 26, 28, 29, 32 and 37 of the collective agreement. They shall be paid vacation pay and statutory holiday pay in accordance with the Employment Standards Act.
Employees on the part-time crew shall not accrue seniority, but an employee on the part-time crew who has been employed for a period in excess of three (3) months will not be discharged or disciplined except for just cause, and employees on that crew will be entitled, as among themselves and as against new hires, to claim available weekend work which they are capable of performing based on their length of service with the Employer.
Employees on twelve-hour shifts will be entitled to a total of 45 minutes paid rest periods in each shift.
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The Company will not offer part time employees the opportunity to work on paid holidays, or the days celebrated as paid holidays, until all full time employees have been offered the opportunity to work.
1'' day of May, 1999.
FOR THE UNION:
May 21,1999
Mr. John McNamee Vice President
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Brewery, General & Professional Workers' Union
Dear Sir:
In May, 1997, and in January of each year thereafter, the packers on the afternoon and midnight shifts will be offered the opportunity to signifY their desire to transfer to the day shift. When the duration of a dayshift work opportunitY~ for a fulltime packer is anticipated to last two fulltime continuous work weeks or re, the C mpany will select friom that list by seniority and transfer the senior employee to th dhshift fi t duration of that opportunity. · ·
Accepted and agreed for the Union:
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Letter of Understanding
BETWEEN:
BREWERY, GENERAL AND PROFESSIONAL WORKERS' UNION (The "Union")
-and-
T & S BLOWMOULDING INC. (The "Company")
In the course of negotiations leading to the current Cpllective Agreement, the parties discussed the institution of a continental shift and agreed that the Company may implement such a shift. under the following conditions:
1. That, although employees who were employed by the Company as at May 21, 1999, could volunteer to work such a shift, no employee who was employed as of that date would be required to work such a shift.
2. Employees on the continental shift will work according to the following schedule:
A) Week one - a twelve hour shift on Monday and Tuesday; and a twelve hour shift on Friday and Saturday, with the remaining days of the week scheduled as off days; and
B) Week two- a twelve hour shift on each of Sunday, Wednesday and Thursday, with the remainder of the days of the week scheduled as off days.
It is understood that employees will rotate between each of the weekly schedules set out above.
3. An employee who works on a continental shift will not receive any premiums for working weekends, or for working in excess of eight hours per day.
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4. Employees will be assigned to work either a blended day shift (7:00a.m. to 7:00p.m.) or a blended night shift (7:00p.m. to 7:00a.m.). Employees working a blended day shift will receive a shift premium of I 0 cents per hour for all hours worked; and employees working a blended night shift will receive a premium of 40 cents per hour for all hours worked.
5. Employees will receive overtime at the rate of time and one halffor all hours worked outside of their normal schedule.
6. Employees working in week one (paragraph 2(a) hereof) will receive overtime at the rate oftime and one halffor all hours worked after 44 in one week. The Company agrees, at the request of the Union, to make provision so that employees (without increasing their earnings as a result thereof) will have their weekly pay cheques equalized so that they will receive a minimum of forty hours pay each week.
7. In the course of each twelve hour shift an employee will receive three, fifteen minute, paid breaks and a thirty minute paid lunch, or some other arrangement as agreed between the parties which provides the same total time as paid breaks and lunches.
8. The Company agrees to adjust weekly indemnity qualifYing periods and other matters so that the number of working hours in any elimination period is equal to the number of. working hours involved for employees who are not on a continentai shift.
9. In the event that the Company continues to operate on paid holidays, the holiday shall be celebrated on the day on which it falls with respect to employees working the continental shift.
10. Except as expressly mod· ed herein, all of the provisions of the Collective Agreement ng the continental shift.
FC)ii:i{e Union /
