__ 1fii/26/2Q09 16:10 FAX 9055020076 TEA!!STERS 938 141002 filE No: 5 07 - o.;)..Lf7 .. _ CERT. F'iE -- CElH. DATE TOTALEMPS 13 -- EFF. DATE t>l- L-oo<:t TE ?ll - - 2-_!. ... • -- LECTIVE CODING CONTROL 1-·- DATE CODER IDENT CODED / RECEIVED- '1 Between UNION I I EMPLOYER f-1 OTHER WIT LOGISTICS CANADA l:NC. PICKERING ONTARIO (hereinafter referred to as "The: C:ompany") And TEAMSTERS LOCAL UNIO:N 938 (Hereinafter referred to as "The Union") EXPIRY: DECEMBER 2010 !Vlin!S\ty DRS- ARBIIHA-fiON SERVICES
The general purpose of this Agreement ~s to establish and maintain a harmonious and cooperat:lve relationship between the company and the Union, to prcvide for terms and conditions of employment for bargaining unit employees of the Company and to promote and maintain a productive and·safe work environment and respect for the rights, dignity and contributions of all employees.
ARTICLE 1 - UNION RECOGNITION
1. 01 The Company recognizes the Onion as tho3 o ole and exclusive bargaining agent for all emp:Loyees of the Company employed in the town of Pickerin~, save and except supervisors, persons above the ~ar.k of supervisor, office, clerical and sales staff.
1.02 Notwithstarlding any other provisions of the Collective Agreement, the waiting period for benefit coverage for a full-time employee shall be the prob.~tton period of such employee.
1. 03 Employees who are not members of the b.~rc;·aining unit will not ordinarily perform work which i~ normally performed by members of the bargaining u~it except for the purpose of instruction, training in cases of emergency; ·or where the performance of such work is necessary in order for the Company to maintain timely supply of product to a customer provided it does not become regularly performed. The Company will inform the Union when such work performed under this Article is to be done.
1.04 The Union and the Company desire every employee to be familiar with the provisions of this Agreement and their rights and obligations under it. For this reason, the Company will print sufficient copies of the Agreement for distribution within sixty (60) days of ratification.
1.05 Each new employee hired after January 30'', 2008 will meet l?rivately for fifteen minutes on the first day of employment with an in-plant Union representative, neither of whom shall suffer loss of pay. Within one week after the new employee has completed their probation, they shall receive, during their shift, without loss of pay, a one (1) hour Union orientation course ..
ARTICLE 2 - MANAGEMENT RIGHTS
2.01 Except as limited by a provision of this Agreement, the Company shall continue to have the und~sputed right to take any action it deems appropriate in the management of its operations and the direction of the work force. All inherent and common law management functions and prerogatives, which the Company has not expressly modified or restricted by a provision of this Agreement, are retained and vested exclusively in the company.
Without lim~ting the generality of the foregoing,·the Union acknowledges that it is the exclusive ·function of the Employer to: (a) Maintain order and efficiency and in connection
therewith, to make, alter, and enforce from time to time reasonable rules and regulations to be observed by its employees and to discipline or discharge employees for just cause. The Company agrees to provide a copy of such rulas and regulations to the Union;
(b) Hire, transfer, promote, ct'emote, classify, layoff or recall and to select employees for positions excluded f.rorn the bargaining unit;
(c) Determine the location of operations, and their expansion or their curtailment, the direction of working forces, the schedules of operations, the number of shifts; determine the methods and processes to be employed, job content, quality and quantity standards, the nature of tools, equipment and machinery used and to use new or improved methods, machinery and equipment, change and discon~inue existing tools, equipment, machinery, methods· of processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting time;
(d) Have the sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and employees.
ARTICLE 3 - NO STRIKE/NO LOCKOUT.
3.01 The Union agrees that there shall be no picketing, boycotts, sympathy strikes, sit downs, walk outs, slow downs or strikes of any kind or degree whatsoever or any other interference with the Company's business of any nature for any reason whatsoever for the duration of this Collective Agreement.
3.02 The Company agrees that it shall not lockout employees for the duration of this Collective Agreement.
ARTICLE 4 - RELATIONSHIP
4.01 Neither the Company nor the Union shall discriminate against any employee in relation to hiE: e_nployment because of the employee's race, sex, sexuo.l orientation, creed, religion, colour, age or national origin, (as defined in and subject to the Ontar].o Human Rights Code and the Ontario Labour Relations Act).
5. 01 All employees listed .under Article 1 Union Recognition shall, as a condition of employment, complete a Dues Authorization Card and Membership Enrollrr.ent Card pi"ior to commencement of employment. The Company must then promptly forward such completed cards to the Union Office. Dues Authorization Cards shall rEmain in effect during the· term of an employee's ser·;rice with the Company.
5.02 The Company will deduct from the earnings of each employee covered by this Collective Agreement, monthly dues in the amount certified by the Uni.on to the Company, in writing. Such deductions shall be made monthly and forwarded to the Union office within fifteen (15) calendar days from the end of the month in which the deductions were completed. The Company will use the Union's pre-billing list system. The Company shall update and make the necessary ad~ustments to the list adding any new employee who is recalled for hire and give an explanation alongside the name of each employee who appeared on the previous month's checkoff list for whom a remittance is not made.
5.03 The Union will notify the Company, in writing, of any arrears in Dues, and or Assessment and the Company will deduct the amounts prescribed by Local 938 and forward the same to Local 938 along with the regular monthly dues.
5.04 When remittance is made, the Company will provide a list of all employees and the sums that w=re deducted from each employee, using the Union's billing format. The Company will provide the Union witt t~e employee's name, social insurance n.umber, rate of pay, date of hire, addre~s, telephone number, d;;>te of jirth, department and any other pertinent information chat is practical for the Company to provide. The Union will be advised monthly of changes in the above i:1formation.
5.05 The Company will show the yearly Union du~s on employee's T-4 slips.
5.06 A seniority list containing names, addresses and social insurance numbers of employees as contained in the records of the Company will be prepared and forwarded to the LocaJ. Union o;Efice annually during January of each year.
5.07 The deduction of Union dues shall be mad~ from every employee including, but not limited to, probationary employees. In the event that a probationary employee fails to complete his probationary period, Union dues will be deducted from his final pay cheque.
5, 08 'l'he Union shall indemnify and save harmlo:ss from the Employer against any and all suits, actiC>ns, causes of actions, claims and demands or any other form of liability arising as a result of any actl.on taken by the E:mployer for the purpose of comply.in<;' with this Article.
ARTICLE 6 - SHOP STEWARDS
6.01 The Company acknowledges the right of the Union to appoint one (1) shop steward per shift Uf to a maximum of three (3) stewards.
6.02 Wherever possible, and so long as it does not interfere with the Company's production requirements, grievances shall be processed during the normal working hou~s of the steward and, preferably on the premises of the Company.
Stewards will receive their regular hourly rate of pay for all regular working time spent attending Grievance meetings. No meetings will be scheduled without authorization by management. Where for the convenience of the Company, a meeting will be held during a shift in which the Stewart involved does not work, the Company agrees to pay such Stewart for attendance at such meeting at straight time to a maximuTI of 2 hours.
6.03The Union will inform the Company in writlng of the name of the stewards and of any subsequent change in such stewards. The Company shall not be agked to recognize any steward until such notifica:ion from the Union has been received.
6.04 The Company will notify the Union by sencing an e-mail or facsimile within twenty-four (24) hou•s from the time of the suspension or discharge of a steward.
6.05 For the purpose of processing specific grievances or disputes, business representatives and stewards shall have relevant time cards and personnel disciplinary records of a specific griever made ava.il<:ble to them within three working days of having made a request for such copies during the office hours of tl'.e Company.
6.06 A representative of the Local Union $hall be allowed to enter the Company's premises to deal •·ith the administrat_ion of the Agreement, providec this doe$ not interfere with the normal operation c-f the Company and provided he has first obtained permiosion from management, which will not be unreasonably withheld.
6.07 An employee who has been suspended or diEcharged while at work shall if the employee so requests, meet with his Union steward for a reasonable perioc of time before leav.ing the Company's premises unless the Company deems it necessary (ie the employee poses an immediate threat) that he be removed f::orr. the Company's premises.
ARTICLE 7 - GRIEVANCE PROCEDURE and ARBITRA'lli!!!
7.01 What Constitutes a Grievance
A grievance $hall consist of a dispute concerning the interpretation and application of any clause in this agreement or an alleged violation of the agreement. If any question arises as to whether a particular dispute is or is not a grievance within he meaning of these provisions, the question may be taken up through the grievance procedure and determined if necessary, by Arbitration·,
7.02 There shall be an earnest effort on the part of both parties to settle such grievances promptly through the following steps:
By a c·onference between the aggrieved Union member and the supervisor or his de"ignate. failing settlement, the grievance mcst be submitted in writing within seven (7) Calendar days from the date of the alleged violation of the agreement. such written grievance shall specify the facts giving rise to the grievance, the section(s) of the collective ag~eement alleg~d to have been breached, and the remedy sought.
Failing settlement at the above stef, the Supervisor shall refer the grievance to and arrange a meeting between the Union and the Company's representative or his designate within seven (7) days from the date the grievance was registered in writing.
The Company's representative, or his designate shall render a decision in writing within seven (7) days from the date the grievance was referred to him.
The time limits in this Article 7 are mandatory but may be extended by mutual agreement between the parties in writing, Any grievance not processed by the grieving party through this procedure by the times herein specified shall be deemed to be abandoned.
7.03 Procedure for Union or Company Grievance
In the event the Union or the Company has a grievance, it shall be the responsibility of the c;~risver to advise the other party in writing within seven (7) calendar days of the alleged violation of the Agreement, and by such notification arranJe a meeting within fourteen (14) calendar days betwee1 che Contract Manager or his designate and a dJly accredited Principal Officer of the Local Union or his designate. Should the griever fail to rea10h a satisfactory settlement, the grievance ma·r be submitted to Arbitration in accordance wi·:h Article 7. 06.
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7.04 Grievances ~ealing with discharges and scspensions shall be registered in writing within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) from the time of the discharge or suspension and shall commence with Step 2 of the grievance procedure as outlined in Article 7.02(b).
7.05 Any employee covered by this agreement who is called into the c~mpany's office for any formal meeting at which dil;lcipline may be issued shall be o.dvised of their right to have a Shop Steward or .~ c.esignated alternate present. Should the employee request Union Representation the meeting will not comm~nce until the Shop Steward or the designated altern~"e is present. The Union l;lhall designate the alternate i:.hop Steward. The employee's request for, or rejection of representation, shall be memorialized in a form provided by. the Company.
7.06 Procedure to Arbitration
It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
a)
b)
An employee grievance, within fou~teen (14) working days after the Company's refresentative or his designate has rendered a decision or failed to render a decision as provided for in Article 7.02 (b).
A company grievance, within fourteen (14) working days a"fter the meeting with the Unicn Representative.
c) Union grievance, within fourteen ·:14) working days after· the meeting with the Company representative.
7.07 A notice of 'intent to arbitrate under the forgoing provision shall contain the name of the aggrieved party's Nominee and within seven (7) cc.lendar days
from the receipt of the notice of intent to arbitrate, the other party must in turn name their Nominee. The nominees will be responsible for choosing an arbitrator who shall sit as one person Board of : Arbitration. Such Arbitrator shall be shall be ~ appointed by the respective Nominee's. Should either "-'------------~ party fail to name their Nominee within the required seven (7) calendar days or should Nominees fail to agree on the selection of an Arbitrator within thirty (30) calendar days from the date of their appointment, either party or their nominees shall request the Minister of Labour to make the appropr~ate appointment.
7.08 If the Arbitrator finds the grievance to be arbitrable, the Arbitrator shall hear and determine the grievance and shall issue a written decision setting out the reasons for his decision and the findings of fact upon which the decision is based and the decision shall be final and binding upon the parties and upon any employee affected by it.
7.0~ The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement or to add, alte:t', modify or amend any part of this Agreement or to adjudicate any matter not specifically assigned to it by the notice to arbitr<tte.
7.10 No matter may be submitted to arbitration which has not been properly carried through the c:rriavance procedure within the times specified, pro~ridi.ng that the parties may extend the time limits in the grievance procedure by mutual <tgreement in writing. Where a response is not given by a party dithin the specific time limits in the grievance pro:edure, the other p<trty may submit ·the grievance tc· t <e next step of the grievance procedure.
7.11 Settlement in any step of the grievance procedure shall be final and binding upon both parties to this Agreement and upon any employee affected by it. The mandatory provisions of this Article shal.L not be considered to have been waived by the par·:ies or either of them unless they expressly prov.Lde a waiver thereof in writing.
7.12 The arbit:~;ator shall not designate a grie1rance as a continuing violation of this Agreement so as to avoid the time limits of the g:~;ievance p:~;ocecluras. The arbitrato:~; shall hear and determine only ~ne grievance at a time unless the parties expressly agree otherwise.
7.13 Each of the parties hereto will bear any "xpense of their Nominee and the parties will equc,lly bear the fees and expenses of the Arbitrato:~;.
ART~CLE 8 - SEN~ORITY
8.01 The purpose.of seniority is to provide a ?Olicy governing work preference, layoffs, recalls, classifications and straight shift selection.
8. 02 In the event of a layoff or recall, thE• c~mpany shall consider:
a) b) C)
The seniority of the employee; The qualifications and ability of th3 employee; In the-event the qualifications and >bility of the employee are relatively equal, t1en the employee's seniority shall be the de:ermining factor.
8.03 A Seniority List containing the name and starting date of employees will be prepared and posted •)n the bulletin board with sufficient copies for stewards and business agents.
8. 04 Employees shall be c;:onsidered probationar:r until they have completed ninety (90) calendar days l)f employment, at least 60 of which must be days actually worked, at which time they shall be placed on the seniority list in accordance with their s1:arting dates. If an employee has not completed 60 days actually worked wi thj.n the 90 calendar da~rs, he shall remain as a_probationary employee until hu has completed 60 days actually worked.
8.05 Probationary employees will work under the operational provisions of this Agreement during their probationary period, and they may be terminated without recourse to the Grievance Procedure unless such discipline or termination is contrary to the provisions of only Article 4.01 of this collective agreement. Upon completion of the employee's probationary period, all conditions of the Agreement will then apply, including the applicable Health and Welfare prov:sions.
8.06 Employment shall be terminated for any of the following reasons:
a)
b)
c)
d)
e)
If an employee voluntarily quits;
If an employee is discharged and not reinstated pursuant to the Grievance Procedure as provided for in this Agreement;
If an employee has been laid off <md not employed elsewhere and has refused to return to work within twenty-four (24) hours after being contacted personally by the Company. When the employee cannot be contacted personally, or is employed elsewhere, then the Company will notify him b~ registered mail to his last known address, to return to work. He will then be given a maximum of seven (7) consecutive clays from the date such registered mail is sent to report for duty;
If an employee is absent from work without securing a leave of absence for more than three (3) consecutive working days;
If an employee is laid off and not recalled for period extending beyond twelve (12) ~onsecutive
months;
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ARTICLE 9 - BULLETIN BOAaDS
9.01 The Company will provide a locked bullet~n board for the Union to post notices. Such Union notices shall be restricted to notices of Union recreational and social affairs, notices of union elections, appointments and results of union elec·~ions and notices of union meetings as. well as c;:oiTl!ltUnications concerning Union business from the Loc;:al or International Union .
ARTICLE 10 - BEAL'l'H AND SAFETY
10.01 The Company and the Union agree that the Company,
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the Union and the employees c;:overed by this collective agreement will co-operate with each other in furtherance of their respective obligatiC1ns under the Ontario Occ~pational Health and Safety Aut.
10.02 The Company agrees to contribute up to $125.00 per contract for the purchase of safety boots which must be worn by all employees. Employees will be required to supply appropriate receipts f'or same in order to receive such funds.
AR~ICLE 11 - PAID HOLIDAYS
11.01 Each employee will be entitled to ten (10) General Holidays per calendar year, provided he is available for work on the day before and the da:>' c.fter the General Holiday.
l other holiday - both other holidays ~o be taken on days G.M . .is not working.
11. 02 For each holiday the Company shall pay an employee his regular hourly rate multiplied by the ~un~er of hours the employee would be regularly scheduled to work on such day if it were not a holiday.
11.03 To be eligible for the hol.iday pay, th<> employee must work on his last scheduled working day irr~ediately preceding the holiday and his next sched,led working day immediately following the holiday, ur.less the employee was absent and unable to work or. either such day because of illness or injury (for '"hich the Company may require a medical certificate), an approved leave of absence with pay or an approved
·union leave..
11.04 Should an employee be required by the Corrpany to work on any paid holiday he shall be paid for work performed on that day at one and one-half (1~) times his basic hourly wage rate in addition to holiday pay for the holiday.
11. 0 5 When any of the above holidays are observed during an employee's scheduled v~cation, he shall receive holiday pay as provided in Section 11.02 above and he shall be granted an additional day off >~J.thout pay, if he so chooses, at a time mutually agre·1!d to by the employee and his supervisor.
ARTICLE 12 - VACATIONS
12. 01 The vacation ye"'r is January 1 "' through December 31",
12.02 Seniority (date of employment) shall be :he date established to qualify for Vacations.
The Company will pay the employee's V·'>C<•tion pay in the week prior to the vacation.
In each year vacation leave will be established for all regular employees according to the following scales listed below. Furthermore any v;;,cation in excess of.two (2) weeks shall be take~ ~.t a time mutually agreed by the employee and his supervisor. The first two weeks of the employee v."c<.tion must be taken at a time satisfactory to the C·~mpany. Vacation shall not be accumulated.
An employee shall be entitled to vacar:ic•n with pay based upon his continuous service.
12.03(a) Regular employees who have one (1) year or more seniority are entitled to two (2) weeks' vacation with pay equal to four per cent ((%) of all wages earned, other than vacation pay, during the previous vacation year.
(b) Regula<: employees who have five (o•) :Jr more years seniority are entitled to three (:',) ·,..eeks' vacation with pay equal to six per csnt (6%) of all wages earned, other than vacatio~ pay, during the previous vacation year,
12.04 Vacation pay shall be four per cent (4o) or six per cent, as the case may be of all wages earned, other than vacation pay in the prior vacation year. All wages earned shall mean total taxable .~arnings paid to an employee during the prior vacation ye~r excluding discretionary bonuses, benefit plan cont.:rib1,1tions, expenses, vacO!tion pay and travel allm<ar.ces.
12.05 Vacation pay will be paid separately and an employee will receive his vacation pay prior to the commencement of his scheduled vacation or in full prior to a "scheduled shutdown of the Company. The Company reserves the right to assign vacation time to employees during any such sched\1led shutdown.
13.01 The Company agrees to pay and the Uni~n agrees to accept for the term of this Agreement, the wages as set out in the Wage Schedule "A" atta~hnd hereto and forming part of this Agreement.
13.02 An employee who is temporarily transferred to another job classification to meet the Company's convenience shall, for the period of the transfer, receive the greater of the wage rate for the job =lassification to which J-)ave has been transferred, e.:{Cc!pt if the transfer is to avoid a layoff. An employee transferred to another job classification for the convenience of the employee will receivE' the wage rate of that classification.
ARTICLE 14 - HOtiR$ OF WORK 1IND OVERTIME
14.01 All hours worked at the hourly rate in ~xcess of forty (40)- hours in any one (1) week shall be paid at one and one half (1 ~) times the regular rate of pay.
14.02 Employees covered by this Agreement called in for work shall be guaranteed not less than four (4) hours at the appropriate rate of pay.
14.03 The Company shall establish and may char:ge from time to time such starting and quitting times and shift schedules,· as it deems necessary to meet its operational needs and production demands. Employees who punch in after there assigned start time shall be paid from the time they punch their time cards.
14.04 It is understood and agreed that there shall be no duplication of premiums under the Agreement and no pyramiding of overtime and/or other premium pay.
14.05 The provisions of this Article are intenJed to provide the basis of the workday and work week and shall not be a guarantee .of hours of work per day or days of work per week.
14.0 6 For all employees the standa:cd hours of .;ork shall be eight (8) hours per day and forty (40) h·Jurs per week, Monday through Friday. The standard hours of work may be changed by the Company for S•)me or all employees to meet its operational needs ·>nd production demands.
14.07 Employees covered by this Agreement siall receive a thirty (30) minute paid meal break and t.wo (2) fifteen (15) minute paid breaks during each eight (8) hour shift such that they will be req·.1ired to be at work for eight (B) hours.
14.08 The Company reserves the right to sch-adule overtim"' as it deems necessary subject to all legal and contractual limitations. A sign up sheet for weekend overtime will be available on a weekly basis which shall be posted on the Monday prior to the weekend overtime and removed no earlier than 4 PM on the Thursday prior to the weekend overtime. When the sign up sheet is posted, it is the em?lc>yee's responsibility to sign up. Failure to .oJign the list will result in their loss of overtime availability for that weekend.
14.09 The Company will endeavour to give an employee as much notice as possible of any change in their scheduled shift.
14. 10 The Company shall maintain up to date rE,cords of overtime worked and shall provide such records to the Union upon reasonable request.
14 .11 Statutory holidays, paid lieu time, vacation time or paid Union leave shall count as hours wc;•rked for purposes of overtime.
14.12 No employee shall be required to work mere than forty-eight (48) hours in one work week. However, employees .may choose, if asked, to wo::k up to 50 hours per week and this Article shall bE deemed to be an agreement by any such employee puisuant to the provisions of s. 17 (3) (a) of the Employm~nt Standards ll.Ct 2000.
I ! '. 14.13 Utilization of Agency Workers - Agency employees may
be employed to replace regular full tim~ employees who are absent for any reason providing all available full time employees are afforded the opportunity to increase their hours and/or rate of pay before any agency employees are utilized. The Company shall as a condition of utilizing agency workers pay to the Loc"l Union a fee eqnal to the dues normally paid by the bargaining unit member for whom the agency worker is replacing for the period such worker is replaced. Should an agency worker be employed by the Company for any continuous period in excess of ninety (90) calendar days, the Company shall hire the agency worker as a full 1:ime employee and he/she shall be considered a regula:: employee with all rights as defined within the Collective Bargaining Agreement. The parties further agree that where mandatory overtime is requir<>d, those employees who signified a desire to worlt additional hours by placing their name on the avai:.abili ty list will first be asked to work the required overtime. Where thers is still a rsquirement for <tdditional workers, the Company shall contact Agency employees to fill the balance of shifts and/or shi.ft. Where there i.s 5till a shortage of workers th'' Company shall have the right to orde:~; from the bottom up the most junior employees from the overall unit provided ths smployess have less than forty-eiq-ht, (48) hours and are qualifi.ed to work the additional hours.
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ARTICLE 15 - BEREAVEMENT LEAVE
15.01 Xn the event of a death in the immediate family father, mother, hus~and, wife, son, daughter, sister, brother, grandparents, in-law grandparents, stepparents, mother-in-law, father-in-law, trother-inlaw, sister-in-law) an employee will bs given up to three days off and will be paid three (3) days' pay at eight (8) hours' pay per day, at the regular rate of pay providing that the period between the day of the death and ths funeral are working days. If more time is required for any reason relating to the ds.,th, a lsave of absence may be granted.
16.01 This Agreement ~hall constitute the entire agreement between the Company and the Union with ~e~pect to the terms and conditions of employment for the members of the bargaining unit and the rights and privileges of the Union and no rights or obligations shall be implied except those as expressly set forth in this Agreement:
16.02 Wherever the male gender is used througr.out this Agreement it is agreed that the female gender is an acceptable substitute whenever and wherever the female gender is applicable.
16.03 Wherever the singular is used throughout this Agreement it is agreed that the plurals are an acceptable substitute whenever and wherever the plural is applicable.
16.04 Employees have the responsibility to c"lotify the Company in writing of any change of addl:ess or telephone numbers.
16.05 The parties agree that all letters of agreement between the parties, which are signed by an authorized representative of each party, shall, unless the letter of agreement expressly provides otherwise, form a part of this Agreement.
17.01 The Company may allow an .employee up to thirty ( 3 0) calendar days leave of absence without p~y for personal reasons. The employee must submit a reque.•st for such leave of absence in writing to the Contr~ct Manager and the employee may not be employed elsew~'1ere during such leave of absence, if granted. In cases where multiple employees request leave for the same time period, the Company will make every reasonable effort to acconunodate'. all requests, and failing 'i:hot leave will be granted on a first come first served t•asis. A copy of the request for leave of absence will be provided to the employee if so requested. The employee must submit a request for such leave of absence in writing to the Contract Manager. such leave shall not be for the purpose of securing employment elsewhe~e. The employee will be responsible for reimbursing the Company for the cost of any benefits the employee wishes to have continue du~ing the period of such leave.
17.02 It is understood that when an employee is on any leave of absence seniority accrual will be maintained as provided in the Collective Agreement. This shall also govern indefinite L.O.A. for the purpose of working for the Teamsters .
ARTZCLE 19 - JORY AND WI~SS DOTY
18.01 An employee who is summoned to and reports for jury duty or is a material witness subpoenaec by the Crown shall be gianted a leave of absence witt pay at his regular hourly rate for the normally :>cteduled number of hours the employee would have othe::wise worked during the leave less crown witness or jury pay received to a maximum of 10 working days.
The Company agrees to provide a benefit plan that is comparable to Blue Cross Plan Number 93373-204. The Company and the Union agree that the ac1;ual benefits shall be determined by the terms of the Insurance contract, Details ot the terms of the plan shall be provided to the Union once the plan has been established. The Onion agrees that the sole obligation of the Company shall be to pay the premiums for company paid benefits and that any dispute as to the benefits to be provid<!d shall be between the carrier and the employee concerned.
The Company agrees to make available to all eligible bargaining unit employees as of the eff<•cti ve date of this Agreement an employee paid, short term disability plan comparable to the plan offered as part of the Blue Cross plan 93373-204. ~m "eligible bargaining unit employee" is defined "lS a full time bargaining unit employee who has complet.ed the benefit eligibility requirements conti!ined in Article 1.02. Any dispute as to the benefits to be provided shall be between the carrier and the employee concerned.
AR'l'ICLE 20 - REPOR'l'ING ALLOWANCE AND CALL-UI PAY
20,01 An employee who has left the Company's ~·remises at the expiration of his shift and is called back to work by the Company and report to work ~pon being called back will be entitled to appropriate pay for all hours worked, but in no case will he be paid less than four (4) hours ilt the appropriate rate.
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ARTICLE 21 - DURATION
21.01 This Agreement shall become effective on December 1st, 2007 .and shall remain in effect until December 31"', 2010 and shall thereafter continue for a period of one (1) year unless either party gives notice, in writing, to the other party, within ninety (90) days prior to the expiration date that it jeuires revision, modification or termination of the Agreement.
The Company agrees to provide a benefit plan with the elements listed below. It is understood that the specific benefits provided are determined by the terms of the actual insurance contract.
Hospital Benefit
Worldwide travel benefit
Drug Benefit
Dental Benefit
Group Life Insurance
Accidental Death and Dismemberment Benefi~
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LETTER OF UNDERSTANDING# l
-between-
WIT LOGISTICS CANADA INC.
(PICKERING ONTARIO) (hereinafter referred to as the "Company")
-and-
TEAMSTERS LOCAL UNION 938 (hereinafter referred to as the "Union")
WHEREAS, the Company has entered into a contract with General Motors,
Oshawa, to provide logistical services to General Motors commencing on or about
January 2, 2008;
AND WHEREAS similar services were provided to General Motors by CEV A
Logistics;
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AND WHEREAS the location at which CEV A performed s< ch logistical services
was unioni:~:ed with two bargaining units, one being represented by the Union, and the
other being n>presented by the United Steelworkers of America on bt:half of its Local
2784-15;
ANlJ WHEREAS the Union represented the majority of workers employed at
this location;
ANlJ WO:EREAS the contract between the Union and CEVA was negotiated
pursuant to and was govemed by the terms ofthe Canada Code and not the Ontario
Labour Relations Act;
AND WHEREAS there is no com1ection between CEVA, or its predecessor TNT
Logistics on the one hand, and the Company on the other;
AND WHEREAS the services which tl1e Company will prov'.de to General
Motors is not identical; to the services that were being provided by C3V A;
A.ND WHEREAS the Company has no other locations in Onlano, and will not be
transporting goods across inter-provincial or federal boundaries and will therefore, be
governed by the Ontario Labozlr Relations Act and other Ontario legislation with respect (.._ ____ _
to employment and not by the Canada Code;
AND WHEREAS the Union and Company agree that the cc mpany will not be
and is not a successor or related employer for purposes of either the Ontario Labour
Relations Act, or the Ontario Employment Standards Act;
AND WHEREAS, although they have no obligation to do so, the Company is
prepared to offer employment to employees who previously worked for CEV A at the
1100 Squire Road location, whether members of the Union's bargain \mit, or the
bargaining unit of the Steelworkers;
AND WHEREAS; the Compau.y has entered into a voluntary recognitiou
agreement with the nni£?n in which it has agreed to offer employment to previous
employees of CEVA;
AND WHEREAS; such employees ah:eady have some experience with systems and duties which are in some ways similar to tho~e they will be performing with the Company;
L
2.
THEREFORE, the Company and the Union agree as follows:
Employees who. worked in either the Union's bargaining uni1 or the Steelworkers bargaining nnit with CEVA as at November 1 ", 2006, and who become emp,Ioyees of the Company in the Union's bargaining unit on or before Jau.uary 281
', 2008 shall have their period of probation reduced to 45 days, with a minimum of30 days actually worked.
Employees who worked as fork lift operators in either the Union's bargaining unit or the Steelworkers bargaining unit with CEVA as at Novembe• I", 2006, and who become fork lift operator employees of the Company in the Union's bargaining unit on or before January 281
\ 2008 shall be paid 'l.t the 100% rate on hiring.
