ALE'No.Qa1 0 4 I CERT.Fll.f CERT. DATE TOTALEMPS /q) EFF. DATE()/- /Jb V CODING CONTROL DATE CODER !DENT COOED I AUG 0 3 2UDB rv [}, UNION I l EMPLOYER OTHER FRA I COLLECTIVE AGREEMENT KE KINDRED CANADA LIMITED hereinafter called the "Company") OF THE FIRST PART -and- SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION 540 (hereinafter called the "Union") AUG 0 3 2006 COLLECTIVE BARGAINING INFORMATION SERVICES OF THE SECOND PART EFFECTIVE: NOVEMBER 1, 2005- OCTOBER 31, 2011.
Transcript
ALE'No.Qa1 ~ 0 4 I CERT.Fll.f
CERT. DATE
TOTALEMPS /q) EFF. DATE()/- /Jb V ~-EXP.DAT~/~·~// CODING CONTROL DATE CODER
!DENT COOED I
REC~een: AUG 0 3 2UDB rv [},
UNION I l EMPLOYER
OTHER FRA
I
COLLECTIVE AGREEMENT
KE KINDRED CANADA LIMITED hereinafter called the "Company")
OF THE FIRST PART
-and-
SHEET METAL WORKERS' INTERNATIONAL
ASSOCIATION, LOCAL UNION 540 (hereinafter called the "Union")
VII: ARBITRATION ...•..........................••...........................•....•.•...•.........................•..•.............. 7 VIII: UNION POLICY GRIEVANCE ........•.•.......................................•........•..........•.....•...............•.. 8 IX: MANAGEMENT GRIEVANCES ................................•...............................................•............. 8 X: DISCHARGE CASES .•...........................•..•.......................................................................... 8 XI: No STRIKES, No LOCKOUTS ......................•...................................................................... 9 XII: WAGES ..........................•..•..•........................................................................•.................. 9 XIII: HOURS OF WORK AND 0VERTIME .................................................................................... 1 0 XIV: VACATIONS WITH PAY ..............................•..................................................•...........•....... 14 XV: STATUTORYHOLIDAYS ..................................•...................•............................................ 17 XVI: SENIORITY .•..•.......................•....•....•..............••.............•................•................................ 18 XVII: LEAVE OF ABSENCE .....................•...•............................•....•.....................•.......•............. 23 XVIII: GENERAL ........•..................................••...........................................................•.............. 24 XIX: SAFETY AND HEALTH ...........•....................•..................................................................... 26 XX: WELFARE AND BEREAVEMENT LEAVE .............................................•.•.............................. 27 XXI: COST OF LIVING ALLOWANCE •..........................................................................•.......•...... 28 XXII: TERMINATION ...........••........................•............•.........................•.................................... 30 SCHEDULE A- JOB CLASSIFICATIONS & WAGE RATES ..........•..................................................... 31 SCHEDULE B -WELFARE PLAN ................................................................................................... 49 LETTERS OF AGREEMENT I INTENT I UNDERSTANDING
Blower Cleaning Bag Replacement ........................................................................... 52 Letter of Understanding- Job Evaluation ........................................................................ 53 Red Circle Rate ................................................................................................................... 54 Arbitration I Mediation ........................................................................................................ 55 Article 13.06 ......................................................................................................................... 56 Material Savings Plan ......................................................................................................... 5? Early Retirement Bonus ..................................................................................................... 56 Hours of Work-- Machine Cleaners (Brownell Buffer) and Janitor ................................. 59 Letter of Understanding- Mini Arbitration ........................................................................ 60 Letter of Understanding- Sick Benefit.. ............................................................................ 61 Letter of Understanding - ESA Extended Hours ............................................................... 62 Letter of Understanding- Weekend Crew Agreement ...................................................... 63 Letter of Understanding -Overtime Procedure ................................................................. 66 Letter of Understanding- Article 14.09 ............................................................................. 68
BETWEEN:
ARTICLE 1:
1.01
( (
COLLECTIVE AGREEMENT
FRANKE KINDRED CANADA LIMITED (hereinafter called the "Company")
-and-
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION 540
(hereinafter called the "Union")
of the first part,
of the second part.
EFFECTIVE: NOVEMBER 1, 2005- OCTOBER 31, 2011.
PURPOSE
The general purpose of this Agreement is to establish mutually satisfactory relations between the Company and its employees and to provide machinery for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work, wages and benefits for all employees who are subject to the provisions of this Agreement.
ARTICLE II: RECOGNITION
2.01 The Company recognizes the Union as represented by the Union Stewards Committee, as the sole collective bargaining agency for all its employees at Midland, save and except Production Supervisors, those above the rank of Production Supervisor, office and sales staff.
ARTICLE Ill: UNION SECURITY
3.01 All present employees in the bargaining unit will become and remain members in good standing of the Union during the lifetime of this Agreement as a condition of employment, and all persons who may hereafter become employees in the bargaining unit excluding students hired for clean-up during the school vacation period from April 15th to September 1st will become and remain members in good standing of the Union during the lifetime of this Agreement as a condition of employment.
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3.02 The Company agrees during the lifetime of this Agreement to the extent authorized in writing by each employee to deduct weekly whatever sum may be so authorized in Union dues and to remit same not later than the 5th day of the following month to the Financial Secretary of the Local Union. Any such authorization will be signed by the employee concerned, will be on a form approved by the Union and the Company and will take effect after fifteen (15) days frorn the date of signing. The Company will when remitting dues, name the employees from whose pay such deductions have been rnade and also the names of any employees who have left the employment of the Company since the last payment. It is the responsibility of the Company to have all new employees sign a union application which will be remitted to the Local Union office with the first pay received.
3.03 Notwithstanding anything contained in this Article, the Company will not be required to discharge any employee to whom membership in the Union has been denied or terminated on some ground other than the refusal of such employee to tender the fees and dues uniformly required in order to acquire or maintain membership in the Union, unless the Company agrees that the grounds upon which the Union refused or terminated such employee's membership are valid or unless the matter is referred to arb"1tration under this Agreement and the Board of Arbitration decides that the said grounds are sufficient to justify discharge.
3.04 It is agreed that the Union and the employees will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the Production Manager or his substitute.
ARTICLE IV: MANAGEMENT RIGHTS
4.01 The Union acknowledges that it is the exclusive function of the Company to hire, promote, demote, classify, transfer and suspend employees, and also the right of the Company to discipline, suspend or discharge any employee for just cause, provided that a claim by an employee, who has acquired seniority that he/she has been demoted, reclassified, discharged, disciplined, or suspended without just cause, may be the subject of a grievance and dealt with starting at Step 2 of the Grievance Procedure.
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4.02 The Union ( .. 1er recognizes the right of the Comp( ; to operate and manage
its business in all respects in accordance with its commitments and responsibilities. The
location of the plants, the products to be manufactured, the schedules of production, the
methods, processes and means of manufacturing used, the right to decide on the number of
employees needed by the Company at any time, the right to use improved methods, machinery
and equipment, and jurisdiction over all operations, building, machinery and tools are solely and
exclusively the responsibility of the Company. The Company also has the right to make and
alter from time to time reasonable rules and regulations to be observed by the employees. The
Company reserves the right in appropriate circumstances to contact employees while off
Company property for valid business reasons.
4.03 It is agreed that none of the rights set forth in this Article will be exercised in a
manner inconsistent with the provisions of this Agreement.
ARTICLEV:
5.01
STEWARDS' COMMITTEE
The Company acknowledges the right of the Union to appoint or otherwise select
a Stewards Committee which will be composed of a minimum of 6 stewards and for each 30
active full time permanent employees hired after 140 employees there will be one more
additional steward added, one (1) of whom will be designated as the Chief Steward and one (1)
of whom will be designated as Chief Steward substitute, which may change from time to time
with 2 days notification to Management. The Company will recognize an alternate Chief
Steward provided that he/she carries the authority of the Chief Steward while acting as the
alternate. All stewards will have at least six (6) month's seniority with the Company and will be
regular employees with the Company during their term of office. The Company need not
recognize an employee as a steward until such time as it has been notified by the Union in
writing as to the steward's name and the area of the plant which the steward is to represent.
The participation of Union Stewards in their Union functions will not interfere with the Company's
reasonable production requirements.The Chief Steward may work the day shift if the employee
is in a current day job or a job, which in the Company's opinion, may be adequately performed
on days.
For the purpose of Article VI and VII the Union Grievance Committee will consist
of the stewards on the shift concerned, together with the Chief Steward if he was not working on
that shift at the tirne the grievance arose. The Company will recognize and bargain with the
said committee on any matter properly arising out of the said Agreement and the said
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Colllmittee will co-operate w;ul the Company in the administration of the said Agreement. The
Company agrees that in ass.,. ,/ng shifts it will arrange for at least on~ ~teward on each shift.
5.02 The name and jurisdiction of each of the steward and the name of the Chief
Steward from time to time selected will be given to the Company in writing and the Company will
not be required to recognize any steward until it has been so notified.
5.03 The Company undertakes to instruct all members of its supervisory staff to co-
operate with the stewards in carrying out the terms and requirements of this Agreement.
5.04 The union undertakes to secure from its officers, stewards and members, their
co-operation with the Company and with all persons representing the Company in a
management capacity.
5.05 The right of the steward to leave their work without loss of pay to attend
Union/Management business is granted on the following conditions:
(a) An employee having a grievance or complaint shall request the permission of their Supervisor to discuss said grievance or complaint with the Steward of their choice, on the same shift.
(b) The time will be devoted to the prompt handling of Union/Management business.
(c) A Union Steward who wishes to attend to Union/Management business shall request the permission of his/her Supervisor.
(d) The Supervisor's permission under (a) and (c) shall not be unreasonably withheld, but the timing shall be at the discretion of the Supervisor. The Company reserves the right to limit such requested time if it deems the time to be excessive.
(e) Union/Management business: means any meeting between Union and management pertaining to the Collective agreement, production, maintenance, benefits, safety, experimental work, or other work related topic.
(f) A Steward or Union Officer wishing to conduct other Union business, including outside phone calls, during working hours shall request the permission of his/her Supervisor in advance. This permission shall be at the discretion of the Supervisor.
(g) This clause will not be abused by either party and will follow the intent discussed at the 2001 set of negotiations.
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5.06 (a) Union Stewards who attend Union/Management business under Article 5.05
during scheduled work hr·\ shall receive their regular rate of ~~··,for the hours they were
scheduled to work while in such meetings.
(b) Union Stewards who attend Union/Management business under Article 5.05
during non-scheduled work hours, excluding collective bargaining, shall receive their regular
non-overtime rate of pay for all times in these meetings with Management, except for the pre
scheduled monthly Union Management meetings in which case they shall be entitled to any
applicable overtime as per the overtime provision in the agreement. For the purposes of
collective bargaining with the employer, up to five (5) Union Stewards will be paid, as follows. for
time spent in collective bargaining meetings with the employer up to and including conciliation.
The payment they will receive will be the equivalent of their normal scheduled non overtime
daily wages for each day in such bargaining.
5.07 The Company will provide storage space for Union records and files.
ARTICLE VI: GRIEVANCE PROCEDURE
6.01 The parties to this Agreement are agreed that it is of the utmost importance to
adjust complaints and grievances as quickly as possible.
6.02 No grievance will be considered where the circumstances giving rise to it
occurred or originated more than five (5) full working days before the filing of the grievance.
6.03 Grievances properly arising under this Agreement will be adjusted and settled as
follows:
Step No. 1: The aggrieved employee will present his/her grievance orally to his/her
supervisor. They will have the assistance of his/her steward if he/she so desires. If a
settlement satisfactory to the employee concerned is not reached within two (2) working
days [or any longer period which may be mutually agreed upon]. the grievance may be
presented as follows at Step #2 at any time within two (2) working days thereafter.
Step No.2: The aggrieved employee may, with or without his/her Steward, present
his/her grievance [which will be reduced to writing on a form supplied by the Union and
approved by the Company] to the Production Manager or equivalent or substitute, who
will consider it in the presence of the person or persons presenting same and a Human
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Resource's Representative. The Production Manager or equivalent or substitute will set up a grievance mee 1 within two (2) working days, not coL \g the day the grievance was received. Either party may bring one (1) person directly affected by the outcome of the grievance. The Production Manager or equivalent or substitute will render his/her decision in writing within two (2) working days, not counting the day of the meeting. Should no settlement satisfactory to the employee be reached within the above timeframe, the next step in the Grievance procedure may be taken at any time within two (2) working days following the Production Manager or equivalent or substitute's written response.
Employees who attend Step 11 grievance meetings with the employer shall be paid in accordance with the collective agreement for all time spent in such Step 11 meetings with the employer. Minimum report pay and/or call back pay shall not be applicable.
Step No. 3: The aggrieved employee may submit his/her grievance in writing to the Union Grievance Committee. The Union Grievance Committee will meet within five (5) working days, excluding weekends and stats, unless there is a mutually agreed upon extension, with the management to consider the grievance. At this stage, they may be accompanied by a representative of the International organization if his/her presence is requested by either party.
6.04(a) If final settlement of the grievance is not completed within seven (7) working days after deliberations have commenced at Step No. 3 and if the grievance is one which concerns the interpretaf1on, application, administration or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, the grievance may be referred by either party to a Board of Arbitration as provided in Article VII below, at any time within twenty-one (21) days thereafter, but not later.
(b) At any time during the above twenty-one (21) day period, or after a timely referral to Arbitration, either party may request the other party mutually agree to attempt to Mediate the dispute through the use of a mutually agreed upon independent grievance settlement consultant. The consultant's expenses shall be equally shared.
Should such Grievance Mediation be utilized, both parties agree not to be represented by either legal counsel, an articling student or a person with a Law degree.
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Such Mediation, discussions and or settlement proposals made during Mediation are agreed to be privileged and without(-··ljudice. As such, nothing occurring(.':cussed or presented in Mediation shall be allowed to be made public or put before any other forum or adjudicator. This would include but not be limited to an Arbitrator, a Mediator, court of law, Labour Relations Board, Employment Standards, Human Rights Commission Proceedings, OHS, WSIB etc.
ARTICLE VII: ARBITRATION
7.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration or alleged violation of this Agreement, including any questions to whether a matter is arbitrable, which has been properly carried through all the steps of the grievance procedure outlined in Article VI above, and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto.
7.02 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.
7.03 Within f1ve (5) working days of the request by either party for a Board, each party will notify the other of the name of its appointee.
7.04 Should the person chosen by the Company to act on the Board, and the person chosen by the Union. fail to agree on a third person within seven (7) working days of the notification mentioned in 7.03 above, the Minister of Labour of the Province of Ontario will be asked to nominate a person to act as Chairman.
7.05 The decisions of a Board of Arbitration, or a majority thereof, constituted in the above manner, will be binding on both parties.
7.06 The Board of Arbitration will 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.
7.07 Each of the parties to this Agreement will bear the expenses of the arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Chairman.
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ARTICLE VIII: UNION POLICY GRIEVANCE
8.01 A Union Policy Grievance which is defined as an alleged violation of this Collective Agreement affecting employees generally in the bargaining unit, may be brought forward by the Union Grievance Committee, in writing, at Step No. 2 of the Grievance Procedure at any time within five (5) full working days after the circumstances giving rise to such policy grievance occurred and if it is not settled at this stage, it may go to Step No. 3 of the grievance procedure and ultimately to a Board of Arbitration in the same manner as a grievance of an employee.
ARTICLE IX: MANAGEMENT GRIEVANCES
9.01 Any grievance instituted by management may be referred in writing to the chief steward or the Stewards' Committee within five (5) full working days of the occurrence of the circumstances giving rise to the grievance and the Stewards' Committee will meet within two (2) working days thereafter with management to consider the grievance. If final settlement of the grievance is not completed within seven (7) working days of such meeting, the grievance may be referred by either party to a Board of Arbitration as provided in Article VII, at any time within twenty-one (21) days thereafter, but not later.
ARTICLE X: DISCHARGE CASES
10.01 In the event of an employee who has attained seniority being discharged from employment, and the employee feeling that an injustice has been done, the case may be taken up as a grievance.
10.02 All such cases will be taken up within three (3) working days and disposed of within seven (7) working days of the date the employee is notified of his discharge, except where a case is taken to arbitration. A claim by an employee, who has attained seniority, that he/she has been unjustly discharged from his/her employment will be treated as a grievance if a written statement of such grievance is lodged with the Plant Manager within three (3) working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step No. 2 will be omitted in such case.
10.03 Such special grievances may be settled by confirming the management's action in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties.
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10.04 (a) When a ( ,ority employee is suspended wi( Jt pay pending further
investigation and/or consultation regarding a disciplinary matter or is formally disciplined by way
of a written warning, suspension, or discharge, they shall be advised of the right to have the
Union Steward, of their choice, on shift, present at the discipline meeting, if they so desire. The
Union will be given a copy of a discipline unless the employee requests confidentiality.
(b) The Company shall not rely on a verbal warning which is more than 12 months
old or a written warning which is more than eighteen (18) months old or a suspension which is
more than eighteen (18} months old unless, ·In each case, there has been subsequent discipline.
ARTICLE XI: No STRIKES, No LOCKOUTS
11.01 In view of the orderly procedures established by this Agreement for the settling of
disputes and the handling of grievances, the Union agrees that, during the life of this
Agreement, there will be no strike, picketing, slowdown or stoppage of work, either complete or
partial, and the Company agrees that there will be no lockout.
ARTICLE XII: WAGES
12.01 During the term of this Agreement, the Company and the Union agree that all
payments of wages will be made in accordance with the wage rates set forth in Schedule "A"
hereto which is hereby made a part of this Agreement. Pay statements provided all employees
are on direct deposit pay system to be in an envelope. Pay statements will be available by 1:00
p.m. Thursday and will be in a sealed envelope. Any change from this procedure will be
discussed with more than two (2) Union stewards and changes must be mutually agreed. If an
employee did not meet the qualifications for the Statutory Holiday under 15.03, after being paid
for the holiday, there would be an adjustment to the following pay.
12.02 The day shift will be paid Thursday during the afternoon break, and the night shift
at the start of the Thursday night shift.
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12.03 Where the Company temporarily transfers an employee the employee will be paid a minimum of thirty (3c. .'linutes at the greater of his or her res _;r rate of pay, or the next highest rate (by dollar value) for the job to which he or she is transferred. This will not apply to transfers in lieu of lay off, at the request of the employee, by job posting, or by demotion. This will not entitle another employee already in the job or classification to any greater rate to match the employee temporarily transferred into the job.
For the purpose of Article 12.03, the New Hire Rate will not apply.
ARTICLE XIII: HOURS OF WORK AND OVERTIME
13.01 The following paragraphs and sections are intended to define the normal hours of work and will not be construed as a guarantee of hours of work per day or per week, or of days
of work per week.
13.02 The provisions of this Article are subject to the approval of the Director of Employment Standards.
13.03 (1) One or Two Shifts: Management will schedule one or two shift operations according to Option A or Option B subject to the Company giving ninety (90) calendar days notice of cancellation of such shift arrangement(s). The parties may mutually agree, after discussions, to shift arrangements other than Options A or B for some or all employees for a different period of time.
The Union agrees to give reasonable consideration to the company's operational efficiency when the company requests such alternate shift arrangements. Accordingly, the union agrees they will not unreasonably withhold their mutual agreement to Management's requests for such alternate shift arrangements.
The only shifts employees are required to work are those currently outlined in the collective agreement including the Temporary Weekend Agreement or those shifts mutually agreed otherwise between the parties.
(2) Night shifts shall be staffed first by seniority volunteers from within the job/work cell and the balance staffed by inverse seniority within the job/work cell.
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Option A
(a) When workirt,'n a one or two shift basis the stand(-.' work week for day shift
employees will consist of forty (40) hours per week comprised of four (4) eight
and one-half (8Y,) hour days, Monday to Thursday inclusive and one (1) six (6)
hour day on Friday with the regular hours of work on Friday scheduled to allow
one (1) twenty (20) minute paid lunch period without any further break periods.
Day shift employees will be granted two (2) ten (1 0) minute rest periods in each
of the days Monday to Thursday inclusive and during such periods employees
will be free to leave their work place. Such rest periods will be paid for at the
employee's regular rate and will not result in lengthening the regular work day.
The normal work day will include one-half (Y,) hour unpaid lunch period.
(b) When working on a two shift basis the standard work week for afternoon shift
employees will consist of forty (40) hours per week comprised of four (4) ten (10)
hour days, Monday to Thursday inclusive, scheduled to allow for one (1) twenty
(20) minute paid lunch period and two (2) then (1 0) minute rest periods in each
day. During such periods employees will be free to leave their work place. Such
lunch and rest periods will be paid for at the employee's regular rate and will not
result in lengthening the regular work day.
Option B:
13 04 (a) Management may institute a four (4) day schedule which will consist of forty (40)
hours per week comprised of four (4) ten (10) hour days, Monday to Thursday
inclusive, scheduled to allow for one (1) twenty (20) minute paid lunch period and
two (2) ten (1 0) minute rest periods in each day. During such periods employees
will be free to leave their work place. Such lunch and rest periods will be paid for
at the employee's regular rate and will not result in lengthening the regular work
day. The schedule may be Tuesday through Friday for not more than two (2)
employees in each of Shipping and Maintenance to perform required functions
on the Day Shift.
(b) In the event that the Company desires to go on to a three shift basis then it will
so notify the Union and will discuss with the Union the hours of work and the
schedules of work in an endeavour to reach a mutual agreement. In the event
that no mutual agreement is reached before the time the Company wishes to
institute the three shift basis, then the hours of work for the employees on each
of the three shifts will consist of forty (40) hours per week, comprised of five (5)
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13.05
eight (8) hour d;;lys for each shift, schedule to allow onE) (1) thirty (30) minute paid
lunch period"- , two (2) ten (10) minute paid rest per. sin each shift. The first
shift will commence Sunday evening and work so performed on Sunday as part
of the employee's regular schedule will be paid at straight time rate.
(c) If the Company goes to a three (3) shift operation it will discuss this with the
Union Stewards Committee at least two (2) months in advance where customer
requirements permit.
Overtime at the rate of time and one half (1 )12) the employee's basic rate for the
first four (4) hours and at the rate of double (2) time thereafter will be paid for all work performed
in excess of the employee's regularly assigned hours in any day or night of any one week,
provided, however, that where an employee has so worked but fails to work his/her full working
week [unless there was reasonable justification for such failure] for some cause other than the
intervention of a statutory holiday or by illness proven to the satisfaction of the Company or by
the inability of the company to provide him/her with work, then, in such case, he/she will receive
overtime at the rate of time and one-half (1%) his/her basic rate for all work performed in excess
of forty (40) hours per week. Overtime at the rate of double the employee's basic rate will be
paid for all work performed on Sundays, except where such work is performed as part of an
employee's regular schedule when working on a 3-shift basis. Overtime at the rate of time and
one-half (1%) the employee's basic rate for the first four (4) hours and at the rate of double time
thereafter will be paid for all work performed on Saturdays. An employee who is assigned two
(2) hours or more overtime in a day will be entitled to a ten (1 0) minute paid rest period prior to
commencing his overtime work.
Notwithstanding, employees who have exceeded the ESA Emergency Leave days allotment in
any calendar year must first work 40 hours at straight time in any given week before they are
eligible for any overtime pay.
Illness days during which the employee is in receipt of payments from the Kindred Joint Sick
Benefit Fund, El or WSIB will not be included in the ESA allotment calculation for the purposes
of applying this overtime pay eligibility article.
13.06 Employees who have had their vacation time off approved in writing by the
Company and are then required by the Company to change their approved vacation dates will
receive the rate of double time for all hours worked during the period of his/her previously
confirmed vacation period. The employee will also be entitled to receive time off equal to the
period for which he/she worked as this missed vacation time will be rescheduled.
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13.07 Employees l'•n working on an afternoon shift will(~ >ive seventy cents (70¢)
per hour over and above the regular day work rates and employees when working on a night
shift will receive one dollar ($1.00) per hour over and above the regular work rates.
13.08(a) Employees recalled to work after having completed their full shift and left the
plant will receive a minimum of four (4) hours pay at the rate of time and one-half (1Yz) their
regular rate provided that the employee may be required to remain at work for the full four (4)
hours and provided that the call-in is not continuous with the employee's next scheduled shift.
An employee reporting for work at his/her regular starting time but for whom no work is available
in his/her regular classification will be offered a minimum of four (4) hours work at the option of
the Company or four (4) hours pay. This provision will not apply when the Company has made
an effort to notify the employee in advance not to report, or when the conditions responsible for
the lack of work are due to an emergency created by an Act of God, failure of power due to
circumstances beyond the control of the Company, or other occurrences beyond the control of
the Company.
(b) Standby Payments
Standby assignment shall mean any period during which an employee is assigned standby and
is not on regular duty in the plant, the duration of which is not less than eight (8) hours during
which the employee is on standby ready to be called into work in the plant.
Employees assigned to standby shall receive the following payment:
For Standby assignment:
Standby payment with or without a pager is one (1) hour of the employee's regular wage
per four (4) hours of standby assignment. The one (1) hour for Saturday standby is at time
and a half (1.5) and for Sunday it is at double time(2X).
For a Call Back to work within the plant while on Standby the following shall apply:
1. The employee must ensure they are able and available to receive the call back notice
during all hours on standby and be immediately able to report back to work in a fit
condition within forty five (45) minutes of receiving the call back notification.
2. Employees called back to work shall be subject to Article 13:08 and paid accordingly.
3. Employees on standby who are called in more than once during their standby period
shall not be paid an additional amount for such call back if such employee is called back
a second time within four (4) hours of the original call back.
4. Calling an employee at home who is on standby for information/problem resolution shall
not be deemed a call back as the employee is not required to return to the plant to work.
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13.09 If an employP~ reports for work, but because of a 111;o.take by the Company is
asked to report for the follov,,.,g shift, he/she will be paid a minimum~· four (4) hours at straight
time. This provision will not apply if the Company is not at fault or has made a reasonable
attempt to contact the employee. If there is a Union Steward on shift in the building the
company agrees to attempt to contact the employee in the presence of that Union Steward.
13.10 The Union/Management Committee will consist of up to six (6) Stewards,
Supervisors, Plant Manager or his/her substitute, and the Human Resources Director. The
meetings will take place every month. There shall be an advanced written agenda consisting of
matters submitted by both parties. In the event a meeting must be rescheduled, the other party
will be consulted in advance. Minutes will be taken and posted promptly after review.
At least two (2) Supervisors shall be in attendance except for vacation.
13.11 Supervisors will hold crew meetings every month.
During the month of December the dates for the next calendar year's monthly crew
meetings will be posted.
ARTICLE XIV: VACATIONS WITH PAY
14.01 All employees who have been steadily employed by the Company for a period of
twelve (12) months or more prior to June 30th in any year will receive two (2) weeks vacation
with pay at a time or times convenient to the Company and will receive as vacation pay an
amount equal to four per cent (4%) of such employee's earnings with the Company during the
twelve (12) months immediately preceding June 30th in that year. In the event that an
employee's employment is terminated during his/her first twelve (12) months of employment,
then he/she will receive vacation pay at the rate of four per cent (4%) of his/her earnings with
the Company for the time during which he/she was employed.
14.02 All employees who have been steadily employed by the Company for a period of
five (5) years or more prior to June 30th in any year will receive three (3) weeks' vacation with
pay at a time or times convenient to the Company and will receive as vacation pay an amount
equivalent to six per cent (6%) of such employee's earnings with the Company for time actually
worked during the twelve (12) months immediately preceding June 30th in that year.
14.03 All employees who have been steadily employed by the Company for a period of
ten (10) years or more prior to June 30th in any year will receive four (4) weeks' vacation with
pay at a time or times convenient to the Company and will receive as vacation pay an amount
14
equivalent to eight per cent (8%) of such employee's earnings with the Company for time actually worked during the t(~',e (12) months immediately precedin{'ne 30th in that year.
14.04 All employees who have been steadily employed by the Company for a period of twenty (20) years or more prior to June 30th in any year will receive five (5) weeks' vacation with pay at a time or times convenient to the Company and will receive as vacation pay an amount equivalent to ten per cent (10%) of such employee's earnings with the Company for time actually worked during the twelve (12) months immediately preceding June 30th in that year.
14.05 All employees who have been steadily employed by the Company for a period of thirty (30) years or more prior to June 30th in any year will receive six {6) weeks' vacation with pay at a time or times convenient to the Company and will receive as vacation pay an amount equivalent to twelve per cent (12%) of such employee's earnings with the Company for time actually worked during the twelve (12) months immediately preceding June 30th in that year.
14.06 It is the intention of the Company to close the plant for a period of two (2) or three (3) weeks in July or August for vacation purpose. An employee who is eligible for more than three (3) weeks' vacation may take the balance of his/her vacation at his/her convenience subject to seniority where there is an interference with production, and subject to his/her giving four (4) weeks' written notice to the Company. The Company will indicate the length of the vacation shut down and the dates two (2) months in advance.
Employees entitled to three (3) weeks' vacation who would like to take their third week of vacation at another time may, by mutual agreement, arrange to work one (1) week during the shutdown.
14.07 An employee whose seniority has been terminated by virtue of the operation of
clause 16.04(c) and who is subsequently rehired within a period of twelve (12) months following the date on which his/her seniority was terminated, will for the purpose of vacation entitlement only be credited with his/her previous period of employment.
14.08 Employees who do not qualify for a number of weeks of vacation equal to the length of the vacation shut down may be assigned to maintenance work for one or two weeks during the plant shut down. Employees who are working during the vacation period will be
offered first opportunity to work overtime on any day on which they are at work provided that they are able to perform the work and otherwise qualify for overtime rates.
15
14.09 "Employee's _Jrnings" in Articles 14.02, 14.03, 14.--+ and 14.05 will include earnings for time actually worked and all of the vacation pay and the pay for holidays in Article XV.
Employee earnings shall include the Company's current practices in determining employee earnings for vacation pay purposes. The company will submit, prior to ratification, the list of current practices in determining employee earnings for vacation pay purposes (see Letter of Understanding dated September 12, 2001).
An employee who makes a written request by May 31st in any year will receive all of his/her vacation pay prior to July 15th of that year.
14.10
In order to facilitate the granting of vacation in an orderly and equitable manner the following protocol will apply:
1. The intent is to have a master vacation schedule in place and posted by May 1 of each year so that all employees know exactly when they will be on vacation during the year.
2. Between March 1 and March 31 each employee shall have the right to submit to their Supervisor the time during which they prefer to take their vacation.
3. The Company will indicate to the Union by March 1 how many employees may be away on vacation at any given time, how many in each work area and when. As such, the employer shall have the right to limit the number of employees taking vacation at any given time.
4. The completed vacation schedule shall then be determined by the company based on seniority and posted on or before April 30. In the case where the employer is not able to grant the time requested due to competing requests, the employer will advise the employees involved and request the employees themselves attempt to work out the vacation scheduling conflicts. In the event the employees cannot resolve the issue amongst themselves a Union Steward shall be asked to attempt to mediate the conflict and if there is no immediate resolution then the employee with the most seniority shall be given preference on the vacation schedule.
5. Once the vacation schedule has been finalized and employees have been assigned vacation, employees are to be on vacation on those assigned dates. These assigned dates may of course be changed with the mutual agreement of the employee's
16
supervisor. The intent is to have a master vacation schedule completed by May 1 each
year so that all em{. ;es know exactly when they will be o( cation during the year.
6. If an employee requests vacation after the March 31'' cut off date their vacation shall be
at the discretion of the employer. If there are competing requests for approved open
vacation time periods available after the May 1 posting then seniority shall govern.
7. Any vacation time approved prior to June 30'h is at the discretion of the employer and
shall be a vacation/pay advance. Accordingly, should the employee, after a vacation
advance, leave employment prior to June 30'h a vacation pay reconciliation will take
place. Employees will be required to sign a form indicating their agreement to the
vacation pay back reconciliation and acknowledge that they are taking a vacation
advance.
ARTICLE XV: STATUTORY HOLIDAYS
15.01 For the purpose of this Article the following days will be deemed to be statutory
holidays:
New Year's Day Good Friday Victoria Day Dominion Day
Civic Holiday Labour Day Thanksgiving Day
December 24th Christmas Day Boxing Day Three Floating
Holidays
The floating holidays are to be taken on dates chosen by mutual agreement
between the Union and the Company. In the month of September of each year the parties will
meet to mutually agree upon when the statutory holidays which fall on Tuesday, Wednesday,
Thursday, Saturday and Sunday will be celebrated. Such days will be deemed to be the
statutory holidays. All holiday dates will be posted in September and celebrated on those dates
in the next calendar year. Entitlement to payment for the floating holidays will be subject to the
same qualifications as set forth in this Article for other statutory holidays.
If one additional holiday with pay is required by applicable law in addition to the
holidays listed above, it will be added to the foregoing list.
15.02 It is the intention of this Agreement to treat all employees on the same basis with
respect to payment for a statutory holiday notwithstanding the number of hours, if any, that an
employee would normally have been scheduled to work on such day. Accordingly, all
employees who qualify for statutory holiday pay will receive payment for such holiday based on
their regular current hourly rate multiplied by eight (8) hours. In the event that the statutory
holiday payment results in an employee receiving more than forty (40) hours' pay for the week
17
in which the holiday falls, then under no circumstances will such oayment be used in the calculation of overtime hour~ _: premiums.
The Company will not require the employee to make up the remainder of a regular forty (40) hour work week where, the regular shift lost due to the statutory holiday was greater than the eight (8) hours paid. Employees will be paid for actual hours worked plus the eight (8) hour statutory holiday only.
15.03
(a)
Payment for a statutory holiday will be subject to the following conditions:
To be eligible for holiday pay, an employee must work the full day
immediately preceding such holiday and the full work day following such
holiday unless absent with permission of the management or unless there
was reasonable justification for such absence.
(b) If an employee works on one of the above-named paid statutory holidays
he/she will receive payment at double time for the hours actually worked
by him/her at the rate of pay applicable for the work performed by him/her
in addition to receiving his/her holiday pay.
ARTICLE XVI: SENIORITY
16.01(a) An employee will be considered probationary for the first four hundred eighty (480) working hours and will have no seniority rights during that period. After four hundred eighty (480) working hours' service, his/her seniority will date back to the day on which his/her employment began. In calculating the four hundred eighty (480) working hour probationary period, time away from work due to sickness, accident, holidays or vacation will not be included. Amongst those employees hired on the same day seniority will be determined by the order in which they were hired, and in the case of employees hired before November 30th, 1987. as shown on the seniority list as of that date.
(b) Notwithstanding, the company, upon mutual agreement with the Union, on a case by case basis, may extend the initial probationary period up to a further four hundred and eighty ( 480) hours to a maximum of nine hundred and sixty hours (960). It is expressly understood, however, that the extension of the probationary period is not subject to the grievance and arbitration provisions of this agreement and shall not constitute a dispute hereunder.
18
16.02 Seniority as r~ferred to in this Agreement will mf~~
service in the employ of th{ ;mpany and Will be on a plant-wide be '·
length of accumulated
16.03 An employee who has completed their probationary period will accumulate
seniority:
16.04
(a) while he/she is at work for the Company;
(b) when absent due to injury or illness proved to the satisfaction of the
Company;
(c) during a layoff for the length of his/her pre-existing seniority to a
maximum of twelve (12) months for employees with less than five (5)
years' seniority, a maximum of fifteen (15) months for employees with five
(5) or more years' seniority, a maximum of eighteen (18) months for
employees with ten (1 0) or more years' seniority, or a maximum of
twenty-four (24) months for employees with fifteen (15) or more years'
seniority;
(d) during the term of a leave of absence granted by the Company unless
such leave of absence is specifically granted without accumulation of
seniority.
(a)
(b)
Seniority and employment will terminate when an employee:
quits for any reason;
is discharged and is not reinstated through the grievance procedure or
arbitration;
(c) has been on layoff for a continuous period greater than his/her pre
existing seniority to a maximum of twelve (12) months for an employee
with less than five (5) years' seniority, or has been on layoff for a
continuous period of more than fifteen (15) months in the case of an
employee with five (5) or more years' seniority, or has been on layoff for a
continuous period of more than eighteen (18) months in the case of an
employee with ten (1 0) more years' seniority, or a maximum of twenty
four (24) months for employees with fifteen (15) or more years' seniority;
(d) who has been on layoff for a continuous period of less than twelve (12)
months and who, when notified by registered mail or by telegram
addressed to the last address he/she has recorded with the Company,
fails to notify the Company within five (5) working days that he/she is
19
intending to return to work and unless he/she returns to work as soon as possible afte,_ Jceiving notice and in any event witti._ ;even (7) working
days of the mailing or other communication of such notice, unless he/she shows that he/she is prevented from notifying the Company or from
reporting for work by a legitimate sickness or other reasonable cause; (e) fails to return to work immediately after the expiration of a leave of
absence unless prevented from doing so by illness or other cause which is reasonable in the opinion of the Company;
(f) is absent from work for more than two (2) consecutive days without notifying the Company and providing a justification for the absence which
in the opinion of the Company was reasonable.
16.05 Any employee's reinstatement after sick leave will be conditional on his/her supplying, when requested, a certificate from a physician that he/she is fully recovered from the sickness which caused his/her absence. Where there is reasonable concern about an employee's fitness to return to work the Company may require the employee to be examined by the Company doctor prior to returning to work.
16.06 (a) Employees will be given the opportunity to fill permanent vacancies in existing jobs or vacancies in new jobs created during the term of this Agreement, however, nothing in this Article precludes the Company from hiring persons from outside the bargaining unit where either no qualified employee applies or an employee is not accepted. Such vacancies arising during the term of this Agreement will be posted on the bulletin board for a period of six (6) full working days before they are filled and any employee interested may make application to the Plant Manager therefore. All employees have the right to bid to posted jobs. Any employee transferred to fill a vacancy pursuant to the provisions of this clause who applies to fill any other vacancy for a period of four (4) calendar months may be rejected at the discretion of the Company. The transfer of an employee pursuant to this clause will be carried out within fifteen (15) working days following the selection of such employee or in the case of a series of postings, then within fifteen (15) working days following the selection of the employee for the final vacancy, but in the case of a higher rated job the successful applicant will receive the applicable rate for the job posting within fifteen (15) working days.
(b) A stock room clerk who successfully bids for a vacant job outside the stock room may be retained in the stock room until his/her successor is satisfactorily trained to a maximum of four (4) months.
20
(c) If the job vacancy is not filled within the fifteen (15) days required, then the parties will meet to discus{-\ reasons. (
~,
(d) Posted job qualifications will be relevant to operations requirements. (e) All employees will be given reasonable training on their new job by a qualified
person, subject to a checklist maintained by his/her Supervisor.
16.07(a) In cases of licensed trades and/or apprenticeship jobs within the bargaining unit, the following factors will be considered:
(i) seniority;
(ii) skill, ability, training and experience.
It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority will govern. The determination of an employee's qualifications is the responsibility of the Company with the understanding that the Company will permit the employees to take a relevant test or trial period of not less than five (5) working days whenever it believes that such a test or trial period would be helpful in reaching a determination. If an employee believes that proper consideration of his/her skill, ability, training and experience has not been given, he/she may file a grievance under the provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner. The Chief Steward will be furnished with a copy of the notice with the names of those who applied and he/she will be informed of the name of the employee to be promoted before the promotion is made permanent.
An employee who does not work out satisfactorily in a new job shall be placed in General Help.
(b) In cases of promotion of non licensed trade and/or apprenticeship positions which is hereby defined as a transfer to a job with a higher hourly pay within the bargaining unit employee seniority shall be the deciding factor. The Chief Steward will be furnished with a copy of the notice with the names of those who applied and he/she will be informed of the narne of the employee to be promoted before the promotion is made permanent.
An employee who does not work out satisfactorily in a new job shall be placed in General Help.
16.08 (a)(1) In all cases of layoff and non temporary recalls after layoffs, for licensed trades and/or apprenticeship jobs the following factors will be considered:
21
(i) senior;'"'
(ii) skill, auo~1ty, training and experience.
It is understood that where the qualifications referred to in paragraph (ii) are relatively equal, seniority will govern. The determination of an employee's qualifications will be by mutual agreement between the Company and the Stewards' Committee. If there is no agreement, the Company will make the determination subject to the employee's right to grieve and if an employee believes that proper consideration of his/her skill, ability, training and experience has not been given, he/she may file a grievance under the provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner.
Non licensed tradespersons/apprentices cannot bump or displace licensed tradespersons/
apprentices.
(a)(2) In all cases of layoff and non temporary recalls after layoffs for non licensed trades and/or apprenticeship jobs, employee seniority shall be the deciding factor.
(b) If the bump is not filled within the fifteen (15) days following completion of the last bump in the chain, then the parties will meet to discuss the reasons.
(c) For the purposes of short term temporary work the protocol will be as follows:
1. For a recall of fifteen (15) days of work or less the employer will commence
phoning laid off qualified employees by seniority to offer them the available work
that they would be immediately able to do.
2. The employer will verbally offer the recall to which the employee must
immediately accept or decline.
3. If there is no answer at the last phone number the employer has on record the
employer shall leave a message concerning the recall. Should the employee not
return the phone call to accept the recall before the employer has moved on to
the next senior employee, they will lose the right to that particular recall only,
unless there is still an open spot left when they call back and speak to the person
recalling them to work.
4. The employer will move down the layoff list by phone until all of the recall
opportunities have been offered to the employees on layoff.
5. Recalled employees shall work the entire period of the time they are recalled to.
22
16 09
6. Once the recall work has been completed, the recalled employees will once
again return( ayoff. ( '
7. For a recall of sixteen (16) days of work or more, the employer will provide the
notices as outlined within the Collective Agreement.
Seniority lists will be revised each six (6) months. The Company agrees to post
Seniority List and give a copy to the stewards containing Rates and Classes.
16.10 In the event that an employee covered by this Agreement should be promoted to
a supervisory or confidential position beyond the scope of this Agreement and is within a period
of six (6) months thereafter transferred to a position within the scope of this Agreement, he will
retain the seniority previously acquired and will have added thereto the seniority accumulated
while serving in such supervisory or confidential capacity.
16.11 In the event that during the term of this Agreement the job functions which occupied 50%
or more of the employee's time have changed, the employee may elect to be treated as laid off
from their classification and entitled to exercise their rights under clause 16.08 of this
Agreement. In the case of an experimental change this right may not be exercised until the
experiment is completed and the delay will be explained to persons in the position and a Union
representative. This article shall not apply to a Universal Operator. This article shall apply to
the initial establishment of a work cell.
16.12 Where substantial machinery changes result in a changed wage rate the
Company will notify the Union at least two (2) months in advance.
ARTICLE XVII: LEAVE OF ABSENCE
17.01 The Company will grant leave of absence without pay to not more than two
employees to attend Union conventions and conferences for a period or periods not exceeding
in the aggregate eight (8) days for any one employee in any one calendar year, provided that
this will not interfere with the efficient operal"1on of this plant.
23
17.02 (a) The Compar" will grant leave of absence for a re?~~nable period of time for legitimate per.,cJnal reasons provided that this will nm rnterfere with the efficient operation of the plant.
(b) The Company will grant short Leave of Absence for legitimate personal reasons, providing that this will not interfere with the efficient operations of the Plant and/or subject to the employee's attendance record. This must be requested in advance of the day(s), except in emergencies.
(c) Employees off work due to illness, injury or accident may be required to produce a valid Kindred Medical Certificate when requested.
ARTICLE XVIII: GENERAL
18.01 The Company agrees to permit the Union to post notices of meetings and other Union business and affairs on a bulletin board provided by the Company for such purposes, such notices will be approved by Management before being posted. One (1) bulletin board will be marked for Union business and kept orderly by the Union.
18.02 It is agreed that management employees and Co~Op Students who are excluded from the bargaining unit will not work on any occupation within the bargaining unit to the extent that this work will result in the layoff or prevent the recall of a laid off bargaining unit employee who normally performs such work, or performs any work on a regular production basis. This will not apply to emergencies (including situations in which no qualified bargain"rng unit employee is immediately available) or to the situations covering the instruction and training of employees or the doing of experimental work, setting up of machinery or in connection with the breakdown of machinery, nor will it apply to the Maintenance Department. If a supervisor is performing set up work, he/she will use this as a training opportunity for the employee who would otherwise normally perform the set up. This will not be the basis of a claim for additional compensation.
In the event of a disagreement over the application of this clause the issue will be resolved as quickly as possible and may be initiated by discussion between the Chief Steward and the Plant Manager.
18.03 In the event that an error has been made in an employee's pay then he/she will forthwith notify the Company and the Company will correct the error. If the error is in the employee's favour then if the amount is $10.00 or over the employee will be paid by separate cheque within two (2) days.
24
If a change i~,made to the e~ployee's time card (~<?PY of the changed card
together with reasons for tt _;hange Will be g1ven to the employee p1, Jr to pay day.
18.04 Subcontracting
The Company will consult with the Union before subcontracting any production
functions which have been exclusively performed by the bargaining unit. The Company will not
contract out such bargaining unit work if it can be performed at a competitive cost by bargaining
unit employees while maintaining quality and delivery.
18.05 If the Union gives one (1) month's advance notice of its weekend membership
meeting, the Company will not schedule production work during the meeting time. Such
meetings may be up to a maximum of two (2) hours on the weekend at a time that will cause the
least disruption to the company's production requirements.
18 06 (a) The Company may hire temporary employees for up to 480 hours of continuous
employment in order to meet short-term production needs or to temporarily
replace absent employees .. These employees will be on probation and as such
are not covered by the Collective Agreement and may be terminated at the end
of 480 hours. Temporary employees rehired within 12 calendar months of their
last date of employment will continue to accumulate seniority for actual hours
worked. After 480 hours of accumulated seniority they shall be covered by the
Collective Agreement. Upon mutual agreement of the Union, the above 480
hours may be increased to up to 960 hours.
(b) Temporary Summer Employees (TSE) will be for vacation relief only and will be paid
as per Schedule "A". These TSE may be hired from April 15th up to September
15th, the summer period. These TSE will not be allowed to work in excess of 40
hours per week, unless no seniority employee is willing to work and will not be
allowed to work in excess of 480 hours per summer period, unless mutually agreed
between the union and Management. TSE are not covered by the Collective
Agreement, however they will pay union dues. The number of TSE will not exceed
20% of the number of Union employees, unless mutually agreed.
25
18.07 An employr who is unable to report for work rr "I notify their immediate supervisor of the expected duration of their absence at least thirty (::sO) minutes in advance of
their scheduled shift.
18.08 Employees are solely responsible for immediately providing and ensuring that the employer has on record their most current and up to date phone number, address and contact information. Employer communication will be to the most current information on file and as such the employer is not responsible for any miscommunications or misdirected correspondence due to outdated employee contact information on file.
18.09 Early Retirement Preparation
An employee attaining 40 years of service will be entitled to receive up to two (2) six (6) week
continuous blocks of unpaid LOA's to be taken within their last twenty four (24) months of
employment. One block in each year. Eligibility for this leave is dependent upon the employee giving twenty -four (24) months advance written notice to the employer of their retirement date, prior to their request for the LOA, so that adequate manpower planning may occur. Such LOA'S have to be requested and the time mutually agreed upon with their supervisor sixty (60) days in advance of the commencement of the LOA.
ARTICLE XIX: SAFETY AND HEALTH
19.01 The Company will continue to make reasonable provisions for the safety and health of its employees during their hours of employment. If the Company requires employees to wear special protective devices and equipment which, in the opinion of the Company are necessary to protect the employees from injury, then such will be provided by the Company. A joint Safety Committee will be established which will report unsafe practices to the Company immediately and the Company agrees to meet with the said Committee as often as it will deem
necessary.
The Company will pay up to one hundred dollars ($100.00) per year, beginning November 1, 2005, towards the purchase of safety shoes. Unused amounts may be carried over until the expiry of this collective agreement at which time any amounts still unused shall be
forfeited. The purchase of special insoles to be used in safety boots may also be purchased within the above one hundred ($100.00) total allotment.
26
19.02 The Compar will fu~nish Safety Complaint Forms_/' '-i~h m~y be filed with the
Trade classes: See Apprenticeship Operating Letter
*New employees begin start rate after the sixty (60) days worked probationary period.
** The seniority employee who bids into a job classification will start at the six (6) month rate for that classification if they have at least one (1) year's experience in that classification, within the last three (3) years. Otherwise, the seniority employee who is transferred into a job classification will start at the three (3) months rate for that classification unless the Company can establish that he /she does not have at least three (3) months of experience in that job or directly related to that job.
Lead Hands, Senior Operators and Senior Tradesmen and senior rates will be appointed at the discretion of the Company only. Qualified Lead Hands will be appointed at the discretion of the Company only as authorized by the General Forman. Lead Hand opportunities and training will be posted for informational purposes.
The Company may advance an employee through the wage progression for a job faster than the minimum progression formula upon authorization of the Supervisor's Supervisor.
48
SCHEDULE "B"- WELFARE PLAN (
1. The welfare coverage will consist of the Ontario Health Insurance Plan, a major medical
plan with the Manulife Life Insurance Company, and such will be continued for the lifetime of
this Agreement. It is understood, however, that the Company may place the major medical plan
with a different carrier or carriers as it des, es but that the coverage thereunder will be the same
as presently exists. It is the intention of the parties that the benefits of the above plans should
be enjoyed by the employees without premium costs and, accordingly, the Company agrees to
pay 100% of the cost of such plans and in the event that the cost of the premiums for the said
plans or any of them should either increase or decrease then the Company will pay 100% of the
new premium cost.
Effective January 1, 1990, the Company's obligation to pay OHIP premiums is
completely discharged by payment of the new payroll tax.
The Vision Care Benefit in effect from November 6, 2005 will be $350.00 every
two years.
The Life Insurance and AD & D benefit will be as follows:
Effective: November 6, 2005 $60,000.00
Effective November 1, 1993 a retiree who had completed twenty-five (25) years
of service prior to retirement may continue life insurance coverage on the plan currently
available to bargaining unit employees by paying 1 00% of his premium to the Company prior to
premium due date. This benefit is subject to acceptance by the insurance company.
The Company will pay one-half ( 1/2) of the major medical plan premiums for
early retirees hired prior to 1980 subject to the following conditions:
• the employee must have completed 30 years of service prior to retirement;
• the payments will be made only from age 60 to age 65;
• the employee must provide sufficient money to the Company prior to each
premium due date to cover the other half of the premiums;
• the major medical plan will be that currently in effect for the bargaining unit from
time to time.
Employees 55 to 60 years of age and who otherwise meet the criteria above,
may continue to participate in the major medical provided that the employee pays the full
premium cost to the Company prior to each premium due date.
49
2. The Jointly Administered sick benefit fund as described in the Sick Benefit Fund Letter of Understanding will continue for the lifetime of this Agreement and will be paid for on a 50/50 contributory basis or as mutually agreed by the parties from time to time. An employee's enrolment will be upon completion of probation. Notwithstanding, a valid Kindred Medical
Certificate is also required to receive Sick Benefit Pay.
The Sick Benefit Fund will be administered by a joint committee comprised of 3
members representing the Union and 3 members representing the Company. Committee decisions are by mutual agreement between Union and Management.
The Sick Benefit Fund Schedule will be amended as follows: • changes in premium, benefits or policies subject to ratification;
• cheques to be issued weekly until U.I.C. cheques received; • requests for benefits to be made in a standard form.
3. The Standard Life Pension Plan will be continued on the same contributory basis as presently exists, provided, however, that the Company may substitute a new Pension Plan with whichever carrier it desires provided that the pension payable under such new plan is not less than that under the Pension Plan and provided further that the cost of the new plan to the employees is not greater than that of the present plan.
Effective November 9, 1992, the Company will contribute 3 3/4% to the Pension Plan provided the employees match that.
Effective November 1, 2008, the Company will contribute 4% to the Pension Plan
provided the employees match that.
4. The Company agrees to pay its portion of the cost of the Welfare Plans and Pension Plan referred to in items 1, 2, and 3 above and item 5, during an employee's absence
from work due to illness up to a maximum of two (2) years coverage. The Company further agrees to pay the full cost of item 1 and 2 above and item 5 during an employee's absence from work on full compensation under the Workers' Compensation Act up to a maximum period of two (2) years and at the conclusion of that time the Company agrees to discuss the matter with
the stewards. Employees currently off work and in receipt of such extended benefits (on November 6, 2005) will be grandfathered to continue to receive such benefits until age 65.
5. The Dental Plan in effect at October 12, 1993 (or equivalent), will be continued subject to the following conditions:
• Paragraph 1 of Schedule B does not apply to the dental plan;
• An employee's enrolment will be upon completion of probation;
50
( ( • Effective November 1, 1997 the 1995 ODA fee schedule will be implemented
with a one year update each subsequent November 1; • The Company will pay 100% of the premiums starting November 1, 1993;
6. The Manulife Life Insurance plan will be continued at a maximum benefit level of $2,000 per month. Effective November 1, 1999, the maximum benefit will be $2,200.00 per month. The current LTD plan may be replaced by mutual agreement by another plan with another carrier provided it does not cost more and provides the same or better coverage. The premium cost will be deducted from the Employee's pay in view of the 14 December, 1989 settlement.
Effective November 1, 1997 there will be payment of three cents ($.03) per hour worked which forms part of the employee's base wage rate.
51
LETTER OF AGREEMENT
Time worked on the following functions will be at double the hourly rate for the
employee's regular job.
FRANKE KINDR
Blower Cleaning Bag Replacement
)
I• •'
)
52
1 J .'? .... , ~ L ~-'(\..._
J l
~ I \ . / Y-·
(
Letter of Understanding Job Evaluation
The Employer and the Union agree to jointly appoint 2 members each to a Job Evaluation
Committee to meet during the second year of the Collective Agreement to investigate the
possible provision of a mutually agreed upon new Job Evaluation Program to replace CW S. The
sole intent is to have a more objective workable system to internally rank jobs relative to one
another. The intent is not to raise the pay rate of any existing jobs. Accordingly, the evaluation
results under any mutually agreed upon new system shall not result in an increase in pay in any
current position. If mutual agreement on a new plan is not reached then CWS will continue as
the Job Evaluation Plan.
S ET NION 540 FRANKE KINDR-ED CA"WID~A LIMITED-·· .• -7
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LETTER OF INTENT
RE: RED CIRCLE RATES
The amount of red circle differentials will be reduced by the amount of the increase in the increment between job classes effective November 1, 1990.
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LETTER OF UNDERSTANDING
RE: ARBITRATION I MEDIATION
The Company will pay for up to 8 hours pay per day at the employee's regular rate of pay for time spent in Company Arbitrations and Mediations as follows:
(a) up to a maximum of 3 grievers
(b) up to a maximum of 2 witnesses involved in the grievance
(c) up to a maximum of 2 Union Stewards required to attend the proceedings, unless mutually agreed otherwise.
Notwithstanding, payment to any of the above individuals shall be limited as follows:
1 . The company and the Union agree to each pay 50% of the above named individuals pay while they attend Mediations;
2. The Union agrees to reimburse any payments made by the company to any of the above named individuals who attend Arbitrations should the Union lose the case (ex., have the grievance denied by an Arbitrator or the Arbitration award quashed by a Court of Law.)
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LETTER OF UNDERSTANDING
RE: ARTICLE 13.06
There will be no concerted refusal of overtime either during the term of the Agreement or prior to the legal strike deadline.
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SHE I..__METAL WORK AsSOCIATION,
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LETTER OF UNDERSTANDING
RE: MATERIAL SAVINGS PLAN
A Material Savings Plan will not form part of this Agreement. Notwithstanding, the Employer and the Union agree to jointly appoint members to a Material Savings Plan Committee to investigate the various options for the possible provision of an updated Material Savings Plan to recognize employees for real, objectively measured labour and material savings.
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SHEE~~ORKE ~TION,
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LETTER OF UNDERSTANDING
RE: EARLY RETIREMENT BONUS
An employee with at least twenty (20) years or more seniority with the Company ,and who are at least 55 years of age, who retires from the Company prior to age 64 will receive a retirement bonus of $15,000.00 (fifteen thousand dollars), less required statutory deductions and have full prescription drug and vision care family coverage under the plan available to bargaining unit employees until age 65. The above retirement bonus does not apply to those on LTD or WSIB who will be receiving those benefits up to age 65.
(The prescription drug and vision care coverage for spouse is subject to approval and acceptance by the Insurance Company.)
FRANKE KINDRE ·CANADA LIMITED ,
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LETTER OF UNDERSTANDING
RE: HOURS OF WORK-- MACHINE CLEANERS (BUFFERS) AND JANITOR
The parties mutually agree the following hours of work identified below shall continue in force until such time as either party gives at least two (2) months written advance notice to the other party that they no longer wish to continue with these work schedules:
1.
2.
Machine Cleaners ( Buffers)
5 days per week Sunday to Thursday
Janitor: 5 days per week 4 days at 1 day at
Such notice will inform the other party that either:
11:00 p.m. to 7:00 a.m.
6:00a.m. to 3:00 p.m. 6:00a.m. to 10:00 a.m.
1. They will be reverting back to the hours of work contained within the Collective Agreement;
or
2. They wish to enter into discussions to mutually agree to amend the hours of work in the above specific department(s).
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( Letter of Understanding
Mini Arbitration
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The company wishes to discuss the concept with the Union of establishing an expedited in
house cost efficient Arbitration process incorporating some of the general principles of Section
49 in the LRAO. Such process would be mutually agreed upon on a case by case basis during a
timely referral to Arbitration under Article 6:04. No legal counsel, articling students or persons
with a Law Degree may participate in the Arbitration including the Chair who would either be
appointed by the Ministry of Labour or mutually agreed upon by the parties.
FRANKE KINDRE~A:DB- LIMIT ~~7 ~ ;___...... __ _
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Letter of Understanding
Sick Benefit
The Parties agree, during the first year of the collective agreement, to discuss in the Sick Benefit Committee, the parameters of a possible enhanced 50%/50% jointly funded in house Weekly Indemnity Program. The parties will endeavour to have a plan drafted by February 1,
2006.
The total maximum contribution from the company to the sick benefit fund shall be limited to $5.00 per employee per week which shall be matched by the employees. Given the increased contribution by the employer and the contemplation of a Weekly Indemnity program the sick benefit committee decisions are to be mutually agreed upon between the employer and the Union. As such the representation shall be 3 reps from the Union and 3 reps from the employer to reflect the joint administration of the Sick Benefit Fund. The collective agreement is be amended to reflect this change.
FRANKE KINDRED CANADA LiMITE!l-~ _... _ _....-
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LETTER OF UNDERSTANDING
RE: ESA Written Agreement For Extended Hours
The Union agrees to a one year lock in commencing on the date of ratification, which is subject to mutual agreement on continuation on an annual 12 month basis thereafter, that all Unionized employees may work more than 48 hours up to a maximum of 60 hours per week. This agreement is subject to and governed by the collective agreement including the Articles pertaining to Hours of Work and Overtime payments plus the Employment Standards Act of Ontario including Hours of Work, Overtime and Hours Free from Work.
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LETTER OF UNDERSTANDING RE:
Weekend Crew Agreement
General Principles
• The Company will post, at the time of posting for the weekend crew(s), the anticipated duration of the Weekend Crew(s).
• The Company agrees to post for the weekend jobs when the Company anticipates the expected duration of the weekend crew(s) to be more than six (6) months duration.
• This posting requirement will not apply to the current weekend shift unless it is anticipated it will go beyond the first quarter of 2006.
• Any new 12 hour weekend arrangement commencing after the date of ratification shall be subject to this 6 month posting requirement.
1. Employees on the weekend crew(s) will work 24 hours and be paid for 40 hours so for payroll purposes each hour worked will equate to 1.666 hours paid (40/24hours). COLA and Pension will be based on 40 hours paid.
2. The parties agree this as needed weekend crew agreement will be now in place and as such may be implemented when required by the company. Accordingly, subject to customer/operational requirements, the weekend crews may have to be implemented, cancelled and re-implemented as required. The company will however give at least 14 calendar days advance written notice to the Union should they need to, implement, cancel and/or reimplement this weekend shift agreement.
3. When a weekend shift is canceled and then re-implemented a new voluntary sign up list shall be posted.
4. The number of employees and the designated positions required for the weekend crew(s) will be determined on a case by case basis dependent upon the customers/operations requirements at the time of each implementation. The Union will be advised of the numbers and positions required when the 14 day advance notice is forwarded. The maximum number of employees on weekend crew shifts shall not exceed 20, unless mutually agreed otherwise. These 20 employees are in addition to those employees who work overtime after their Monday to Friday regular shifts.
5. Hours are: 7 a.m. to 7 p.m., Saturday and Sunday. If a second weekend crew shift is needed it will be Friday 11 p.m. to ?a.m. Saturday , Saturday ?p.m. to Sunday ?a.m. and Sunday 7 p.m. to 11 p.m., unless mutually agreed otherwise.
6. Vacation: One weekend shift of 24 hours, equals one week of vacation. Employees volunteering must accept that any already authorized and pre booked vacation will be required to be taken unless mutually agreed otherwise with the Production Manager.
63
•
. ( 7. Eight hour shiC t->aid breaks will be as per the Collec.cive Agreement. Twelve
(12) hour shifts shall have 2- 15 minute and 1 (one) -30 minute paid breaks during each scheduled 12 hour shift.
8. In order to facilitate 24 hours of uninterrupted supplementary weekend work to continue, and as 24 rather than 40 hours is being worked, when the stat falls on a non scheduled work day employees will be paid stat pay.
9. During the week of a stat all weekend shift employees will be paid on Thursdays.
10. The weekend shifts will not apply to all job classes. 11. Bereavement Leave entitlements under Article 20:02 will equate to: 1) 24
consecutive weekend paid hours (the equivalent of 40 hours of regular pay) for the one week off. As such, employees will not have to work the weekend and 2) 14.406 consecutive weekend paid hours (the equivalent of 24 hours of regular pay ) for the 3 working days entitlement off. In this case the employee will also have the weekend off but they will only be paid for 14.406 hours at the weekend pay rate; unless they voluntarily choose to work the balance of their weekend shift.
12. Weekend shift positions will first be offered to non probationary employees currently in the job category required on the weekend. That is, on a cell by cell basis where qualified seniority employees may volunteer. Qualified volunteers will then be assigned by their seniority within that cell. The weekend crews will be staffed by volunteers on a cell by cell basis only up to the amount of employees the Company requires to fulfill the Company's production needs. However, employees who are still eligible at the time for recall from lay off under the Collective Agreement may be recalled to this shift if not enough qualified employees voluntarily request the weekend shifts. Otherwise, temporary or TSE employees may be utilized as needed to fill the remaining open shifts.
13. Should an opening occur on the weekend crew the next person on the voluntary sign up list for that Cell/stand alone job will be given the opportunity.
14.1t is understood that employees who volunteer will be required to be flexible and move between work cells and stand alone jobs under Article 12:03 as required during the weekend shifts.
15.0vertime will apply after the regularly scheduled 12 hour weekend hours. Friday, Saturday and Sunday will be regular work days, not overtime days or shifts, thus Article 13:05 of the Collective Agreement is not applicable.
16. Weekend workers are eligible for weekend overtime under "same day overtime". During the week they are eligible if they are immediately able to perform the work in question and employees on the shift just finishing, who are also immediately able to perform the work in question, have turned down the overtime opportunity to continue working. Weekday overtime opportunities will be offered to employees so that all eligible employees have opportunities to volunteer for overtime provided such opportunities comply with ESA.
17. Universals who work the weekend shift may be utilized as they are currently being utilized on non weekend shifts, as such the hours they and other employees work on the weekend shifts will not be considered as a lost overtime opportunity for employees not working the weekend shift.
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18. Make up time, if approved by the Production Manager and /or the VP of Operations, will be such that one weekend hour missed means 1.666 working hours of straight time make up during the week.
19. This letter of understanding will be in effect for the duration of the collective agreement and as such, unless mutually agreed otherwise, will expire when a new revised collective agreement is ratified by each party.
FRANKE KINDRED C NADA LIMITED . -,
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LETTER OF UNDERSTANDING
RE: OVERTIME PROCEDURE FOR VOLUNTARY OVERTIME
Same Day Overtime 1. Supervisors will ask the employees within the Department, that normally perform the job
and that are on that shift first. 2. Supervisors will ask employees outside the Department, who are immediately able to
perform the work in question and who are on that shift second. 3. Weekend workers are eligible for weekend overtime under "same day overtime".
During the week they are eligible if they are immediately able to perform the work in question and employees on the shift just finishing, who are also immediately able to perform the work in question, have turned down the overtime opportunity to continue working. Weekday overtime opportunities will be offered to employees so that all eligible employees have opportunities to volunteer for overtime provided such opportunities comply with ESA.
If an emergency should arise and no trained/qualified employees are available, then the Supervisor will find a safe way to get the work done.
No employee shall work more hours in a day including overtime than allowed under the ESA or the mutual agreement of Union and Management on their Extended Hours of Work Agreement reached under ESA.
For stat holidays the overtime opportunity will be offered to the employee who would normally work that day first and next to the employee who would normally work that day on the afternoon shift.
Weekend Overtime on 8 Hour Shifts
Saturday Overtime Saturday overtime work will be offered to persons in the department who normally perform the job, FIRST to those on day shift, SECOND to persons on the midnight shift, THIRD to persons outside the Department who are immediately able to perform the work in question, FOURTH, if the employee is eligible to work under ESA, to persons on the afternoon shift.
Sunday Overtime Sunday overtime work will be offered to persons in the department who normally perform the job, FIRST to those on afternoon shift, SECOND to persons on the midnight shift, THIRD to persons outside the Department who are immediately able to perform the work in question, FOURTH, if the employee is eligible to work under ESA, to persons on the day shift.
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Supervisors when contacting employees at home or off Company premises will leave a message where possible or have a Steward present when calls are made (at the discretion of the Supervisor) and shall continue calling other employees.
Overtime distribution "relative equalization " system.
This involves an adjustment process at each 6 month period where the lowest employee's offered overtime hours in the Work Cell/Stand Alone job will be used as the starting point for the next 6 month period ( eg., if A has 400 hours, 8 420, C 450, and D 440 ... then the 400 hours A has is subtracted from everyone's hours and A starts the overtime count for next 6 month period with 0 hours , 8 with 20,C with 50 and D with 40 ).
Should an employee bid/transfer into a Work Cell/Stand Alone job during any 6 month period the Company will start the new employee's overtime total with the average number of hours offered to employees in the new Work Cell/Stand Alone Job thus far (during that current 6 month period). For example, if the combined average offered hours is 100 hours to date, they will start at this point.
Employees do not carry hours already offered in one Work Cell/ Stand Alone Job into another Work Cell/Stand Alone Job.
Both parties realize that" relative equalization "in overtime offers to work is not an exact science and as such employees will not be exactly relatively equal at the end of any 6 month period.
All prior Letters of Understanding regarding overtime are discontinued .
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LETTER OF UNDERSTANDING
RE: ARTICLE 14.09
The current practices in determining employee earnings for vacation pay purposes are:
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