FILE No. 3 CJ 7- f:'YD 3.,2_, CERT.FILE Oo?-b-!Cf/7 f.. CERT. i+f'R- i 999 r-- li.r TOTALEMPS EFF. DATE 0 l-0frJ>h;Wo:3 EXP.OATE 0/-f3t:::L.-dUH.Jlf..- CODING CONTROL IDENT CODED vJ) tA di AGREEMENT RECEIVED· n,; Between UNION EMPLOYER OTHER PRISMAFLEX INC. (Hereinafter termed the Employer) and- GRAPIDC COMMUNICATIONS INTERNATIONAL UNION J.OCALSOOM (Hereinafter termed the Union) Ot='FICEOF MAY 2 8 2003 COLLECTIVE BARGAINING INFORMATION CODER ld 1
Prismaflex Inc. and Graphic Communications International Union, Local 500M_
Purpose
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
TABLE OF CONTENTS
- Recognition
- Strikes and Lockouts
- Management Rights
- Union Security
- Hours of Work
- Overtime
- Reporting and Call-In Pay
- Deductions for Late Arrival
- Seniority
Article 10 - Union Stewards and Officers
Article 11 - Grievance Procedure
Article 12 - Policy Grievance
Article 13 - Arbitration
Article 14 - Vacations
Article 15 - Designated Holidays
Article 16 - Leaves of Absence
Article 17 - Bereavement Leave and Jury Duty
Article 18 - Classifications
Article 19 - Wage Rates and Premiums
Article 20 - Employee Benefit Program
Article 21 - Bulletin Boards
Article 22 - Job Vacancies
Article 23 - Discipline and Discharge
Article 24 - Workplace Safety
Article 25 - Major Technological Changes and New Processed
Article 26 - Duration
Appendix "A" and "B"- Wage Grids
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5-7
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9-12
12-13
13-14
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15
15-16
16-17
17-19
19-20
20-21
21-22
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22-23
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27-28
Page 3 Prismaflex Inc. and Graphic Communications International Union, Local SOOM_
I Purpose
The purpose of this Collective Agreement is to provide orderly collective bargaining relations between the Employer and its Employees covered by this Collective Agreement through the Union, to secure prompt and fair disposition of grievances and to secure the efficient operation of the Employer's business without interruption or interference with work. It is recognized by this Collective Agreement to be the desire of the Employer, the Union and the Employees to co-operate fully for the advancement of the said conditions.
!Article 1 - Recognition
The Employer recognises the Union as the sole bargaining agent for all employees ofPrismaflex lnc. employed within the 905 and 416 area codes in Ontario, save and except office, sales and service employees, supervisors and persons above the rank of supervisors, pre-press employees, and students employed during the summer vacation period.
"Employee" as used in this Agreement shall mean those persons described in the .bargaining unit set forth above who have completed their probationary period as set out in Article 9.02(1).
I Article 2 -Strikes and Lockouts
1. It is understood that there is to be no strike or lockout during the lifetime of this Agreement. The definition of "strike" and "lockout" being that laid down by the Ontario Labour Relations Act.
2. The Union understands and agrees that during the term of this Agreement or extension thereof, that neither it, its representatives nor anyone shall cause, sanction or pmticipate in any slow down, strike, walkout, picketing or stoppage of work or any other interference with production.
3. The Employer further agrees it will not take disciplinary action against any Employee who refuses to cross a legally constituted picket line of the Graphic Communications lntemational Union. ln circumstances where it is necessary for business purposes the Employer can use any productive means possible to continue production and delivery of product.
4. Any Employee who participates in such conduct prohibited by this Article shall be found to be in violation of this Agreement and may be subject to discipline up to and including dismissal.
Page 4 Prismaflex Inc. and Gra hie Communications International Union, Local500M_
Article 3 - Mana ement Ri hts
1. The Union agrees that it is the exclusive right of the Employer to manage its business and to direct its working forces except where these rights have been specifically modified by the terms of the Agreement. The Employer's rights include, but are not limited to, the right to:
a) plan, organize, direct and control operations;
b) schedule and assign work to Employees;
c) determine the means, methods, processes and schedules and locations of operations;
d) introduce new or different methods, machines, equipment, tools, materials or facilities, including automation and other technology to be used;
e) establish production standards;
f) determine job content, create and abolish jobs;
g) decide an Employee's qualifications, skill and ability;
h) transfer or assign any of the Employees' work where necessary,
i) maintain order, discipline and efficiency;
j) make or alter rules, policies, practices, procedures and regulations to be observed by the Employees;
k) hire, promote, classify, transfer, assign, reassign and lay off because of lack of work;
I) promote, demote, transfer, assign, reassign, discipline, suspend or discharge Employees for just cause, understanding that such discipline may be the subject of the grievance and arbitration procedures; and
i) retire Employees at their normal retirement age.
2. Nothing in this Agreement shall be interpreted to prejudice the traditional rights of management.
3. The Employer agrees· that in the exerctsmg of its management rights and in the administration of this Agreement, it shall do so in a manner that is consistent with the provisions of this Agreement
I Article 4 - Union Security
1. All employees in the bargaining unit and employees serving in the probationary period, shall pay the equivalent of the regular bi-weekly dues by check-off and such check-off will be remitted to the Union office not later than the 20th day of the month following the one for which such deductions are made. The names of such probationary empioyees shall be forwarded to the Union office within seven (7) days of commencement of employment.
Page 5 Prismaflex Inc. and Graphic Communications International Union, Local SOOM_
2. The Employer will deduct bi-weekly from each Employee, the amount of Union dues required, as per Union resolution. The Employer will remit same as per Article 4.01 above.
3. The Union shall not carry on any activity or business, during working hours on Employer property, except only where such Union activity or business relates to matters arising under the grievance procedure hereunder, or where the Plant Manager gives explicit approval for specific Union business.
4. The Union agrees to indemnify and save harmless the Employer against any claim or liability arising out of the application of this Article.
5. It is the sole responsibility of each and every Employee to continue payment of union dues directly to the Union during lay off and until recall by the Employer.
6. All new Employees shall become members of the Union after completing their ninety (90) day probationary period, as set out in Article 9.02, and maintain their membership as a condition of employment.
!Article 5- Hours of Work
1. Regular Hours:
(1) The normal workday for Printing and Seaming Employees shall be referred to as a 'Continental Shift'. A Continental Shift consists of eleven and one-half (11 'h) working hours with a one half an hour (1/2) unpaid break for lunch/dinner. During such shifts, the Employer recognizes three (3) rest breaks per shift of no more than ten (10) minutes each. The time of such breaks shall be specified by the supervisor. The two (2) Continental Shifts recognized by the Employer are as follows:
7:00a.m. to 7 p.m.; or 7:00p.m. to 7 a.m.
The normal work week for a Continental Shift consists of an average of forty-four ( 44) hours of work per week Sunday through Saturday. The Continental Shift is subject to the Article 5.02- Notice of Schedule Changes.
(2) The llormal work day for classifications other than Printing and Seaming Employees shall consist of eight (8) working hours with a one half an hour (1/2) unpaid break for lunch/dinner. There shall be three (3) shifts made up of seven and one half (7 Y2) working hours. During such shifts, the Employer recognizes two (2) rest breaks in a shift of no more then fifteen (15) minutes each. The time of such breaks shall be specified by the supervisor. These shifts shall be referred to as the "Day Shift", the "Afternoon Shift" and the "Midnight Shift" and the Employer recognizes these shifts as follows:
Day Shift Afternoon Shift Midnight Shift
7:00a.m. to 3:30p.m. 3 :00 p.m. to 11:30 p.m. 11:00 p.m. to 7:30a.m.
Page 6 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
The normal work week for these shifts consists of an average of forty ( 40) hours of work per week Sunday through Friday. These shifts are subject to the Article 5.02 - Notice of Schedule Changes.
(3) The foregoing sections are intended to define the normal hours of work for the purpose of calculating overtime and shall not be construed either as a guarantee of any minllnum or as a restriction on any maximum number of hours of work.
( 4) All Employees must record their hours worked daily, including the times of commencement and ending of work. Employees will not be compensated for time recorded prior to the scheduled start of his or her shift unless such early start was preauthorized by the Employer.
(5) All Employees must report and be ready for work at the scheduled starting time. If an Employee is to be late in arriving at work, he or she shall notify his or her supervisor as soon as possible and no later than one hour before the Employee's scheduled starting time of such lateness. Where the Employee fails to notify his or her supervisor of such lateness, the Employee will be subject to disciplinary action up to and including dismissal.
(6) The Employer may at any time request verification of the reasons provided for an Employee's lateness.
(7) If an Employee is to be absent on a workday for any reason, he or she shall inform his or her supervisor as soon as possible and no later than one hour before the Employee's scheduled starting time of such absence and the reasons for such absence. Excused absences shall be without pay.
(8) When the Employee has been absent for three or more consecutive working days due to illness or injury or otherwise upon the request of the Employer, the Employee shall provide to the Employer a medical certificate indicating the nature of the illness or the injury as well as the Employee's fitness to return to his or her regular duties.
(9) The Employer may at any time request verification of the reasons provided for an Employee's absence(s).
(10) Unexcused absences are without pay and are subject to disciplinmy action up to and including dismissal. Such absences may be deemed as a voluntary termination of employment.
2. Notice of Schedule Changes:
(1) The Employer reserves the right to institute new shifts, to make such changes in hours, or to make changes in schedules as is required by its operation. The Employer will endeavour to give the affected Employees as much notice as reasonably practicable.
(2) In the event that the Employer changes from the eight (8) hour shifts, as described in Article 5.01(2), to the twelve (12) hour shifts, as described in Article 5.01(1), for non-Printing and non-Semner Employees, the Employer will give four (4) weeks' notice. If the Employer
Page 7 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
changes the Printing and Seamer Employees Continental Shift to eight (8) hours shifts, the Employer will give one (1) week's notice before implementation ..
3. Outside Employment:
Any Employee considering the holding of a second position is expected to advise the Employer. The Employer in its sole discretion will determine if such other position conflicts with the full performance of the Employee's duties and/or the Employer's interests. If the Employer decides that such conflict exists, the Employer will give the Employee one (1) week's notice of such conflict. If the Employee fails to refrain from assuming or continuing in the second position within this notice period, the Employee may be terminated for cause.
!Article 6- Overtime
6.01 The Employees recognize that customer demands will make overtime production work necessary and they hereby agree to work by mutual consent. such overtime as is required to meet these demands. The Employees agree that, for the lifetime of this Agreement, . they will not impose any ban on overtime, even through temporary lay off periods. and the Employer agrees that it will not take any punitive action against an Employee for refusing to work overtime.
6.02 Whenever possible at least twenty-four (24) hours notice of overtime shall be given.
6.03 Any Employee who is required to change or is assigned to work before a clear ten (1 0)
hours has elapsed since the Employee's last shift shall be paid overtime rates for work performed on any additional shift.
6.04 Overtime shall be shared as equitably as possible among Employees. except that Employees working on a job or machine where overtime is required shall be given first opportunity to work available overtime.
6.05 Overtime shall be paid at the rate of two (2) times the Employee's regular hourly rate of pay. before any shift premium, after forty hours of work per week have been worked.
6.06 If the Employer cancels an Employee's scheduled shift during the Employee's normal workweek the hours of such cancelled shifts will be credited to the Employee for the sole purpose of calculating overtime. For the sake of clarity the Employee shall not be paid for the hours related to such cancelled shifts.
!Article 7- Reporting And Call-In Pay
1. Reporting Pay:
(1) An Employee injured while working on the job and unable to complete his or her shift, shall be paid for the remainder of his or her shift at his or her regular wage rate.
Page 8 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
(2) If an Employee reports to work on his or her scheduled shift and there is no work or insufficient work available, he or she is entitled to one half (1/2) a shift pay at his or her regular wage rate if it was a regularly scheduled shift or at applicable overtime rates if it was a scheduled overtime shift. The Employee will be expected to perform such other duties as are available during the period for which he is paid. Should the Employee be excused at his own request, the Employee shall only be entitled to payment for the period of his presence at work.
(3) The above section shall not apply when:
(a) The Employer has attempted to notify the Employee, by telephone or by written notification to the Employee's last known address, that the Employee's scheduled work is not available;
(b) The Employee fails to receive notification because he was absent from his or her home, which does not include the normal regular time that it takes the Employee to travel to work; and
(c) The Employee fails to receive notification due to circumstances such as fire, flood, windstorm, power failure or circumstances beyond the control of the Employer.
(4) Any Employee sent home by the Employer after the Employer has fulfilled its obligation under his Article shall not be deem~d to be on lay off.
2. Call-In Pay:
If an Employee is called into work prior to the start time of his or her next scheduled shift the Employee shall be paid a minimum of four ( 4) hours' pay at the applicable overtime rate.
I Article 8 -Deductions for Late Arrival
In cases where an Employee reports late for work, Employees shall have their time docked as follows:
Minutes Late : 1 to 6 7 to 12 13 to 18
Minutes Docked: 6 12 18
and continuing pattern thereafter.
Page 9 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
I Article 9- Seniority
1. General:
(1) It is understood and agreed that in the selection of Employees to perform available jobs for the purpose of lay offs, recalls, promotions, transfers, assignments, reassignments and termihations the following factors shall govern:
(a) qualifications; (b) skill; and (c) ability.
In the event that two or more candidates are capable of performing the required work for the availablejobs satisfactorily and are relatively equal with respect to criteria (a) to (c), seniority shall be the determining factor in selecting the ideal candidate for a trial period, as set out in Article·
22.04, in an available job. In the evaluation of an Employee's qualifications, the Employer shall be the judge, provided however that the Employer shall not act in an arbitrary manner.
(2) Seniority will operate on a departmental basis as the length of continuous service in the bargaining unit.
(3) During the term of this Agreement or any extension thereof, the Employer shall provide to the Union on an annual basis a departmental seniority list. Any objection to the seniority list must be made seven (7) working days after its provision to the Union. H no objection is made during this time, the list as provided shall be deemed to be correct.
(4) It shall be the duty of each Employee to notify the Employer promptly of any change in address or telephone number. The Employer shall be entitled to rely for all purposes on the last address and telephone number furnished by the Employee.
2. Probationary Employees:
(1) A new employee shall be a probationary Employee until completing ninety (90) days with the Employer. A probationary Employee may be discharged at any time when, in the opinion of the Employer, the Employee is not suitable, or the Employee is not sui tab lefor the work and, such discharge shall not be subject to grievance procedure.
(2) Seniority shall be the length of an Employee's service in the classification. When an Employee has completed the probationary period, the Employee shall be placed on the Seniority List and shall be credited with ninety (90) days of service.
(3) There shall be no responsibility on the part of the Employer to re-employ a probationary Employee who has been laid off.
Page 10 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
3. Layoffs:
(1) Whenever a reduction in the workforce is necessary Employees shall be laid off in accordance with the qualifications set out in Article 9.01(1).
(2) The Employer shall provide twenty-four (24) hours notice of individual layoffs.
(3) An Employee shall be recalled in accordance with the qualifications set out in Article 9.01(1). An Employee who is recalled must return to work upon notification of recall within three (3) working days. Should an Employee not return to work within these working days his or her seniority and employment may be terminated.
(4) Where an Employee is recalled or bumps into a classification lower then his or her normal classification with a lower pay rate during a work slow down, the Employee will be entitled to compensation at his or her normal wage rate for a period of four ( 4) weeks after which the Employee will receive the regular wage rate applicable to the job. An Employee who is recalled or bumps into a position other than the one he or she was laid off from will be subject to a trial period in accordance with Article 22.04.
(5) Employees subject to lay off for an indefinite period shall have the option of:
(1) Accepting the lay off and retaining the right to recall in accordance with Article 9.03(3) for up to one (1) year; or
(2) Accepting termination from the Employer and waiving the right to recall by accepting severance pay in accordance with Article 9 .06; or
(3) Accepting an offer of assigmnent or appointment form the Employer to any vacant position at the same classification level, or any vacant position at a lower classification within the Employee's department in accordance with the criteria set out in Articles 9.01(1) and the provisions set out in Articles 9.03(1), 9.03(4) and 22; or
(4) Bumping junior Employee from the same or lower classification within the bumping Employee's department, providing that the bumping Employee has the present ability to satisfactorily meet all the requirements of the job and to demonstrate the same level of perfmmance normally expected of those employees who fill the position on a . regular basis. Employees who are bumped under the foregoing provision may in turn exercise their seniority to bump other Employees.
The Employee shall notify the Employer in writing within two (2) weeks of notice of the indefinite layoff of his or her decision to displace another Employee under clause ( 4). The two (2) week notice period shall be appropriately extended in the case of an Employee who is on vacation. Where an Employee fails to give written notice of such decision within the two {2) week notice period, the Employee shall relinquish the right to bump under clause ( 4) and shall make his or her election under clauses (1), (2) or (3).
Page 11 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
4. Contracting Out:
Work presently and normally performed by the Employees can be contracted out:
(a) Where teclmical skills are not available from within; (b) Where sufficient Employees, qualified to perform the work, are not available; (c) Where the nature or volume of the work is such that it does not justify the
capital or operating expenditure involved; (d) Where the required time of completion of work cannot be met with the skills,
personnel or equipment available; (e) Where conditions arise that are beyond the control of the Employer, such as
an act of God, catastrophic circumstances, or significant economic decline; and
(f) The Employer will exercise this discretion in accordance with Articles 3 and 9.01(1).
5. Loss of Seniority:
(1) An Employee shall lose seniority rights if:
(a) The Employee voluntarily quits or resigns the employ of the Employer; (b) The Employee is discharged, and such discharge is not reversed through the
grievance or arbitration procedures; · (c) The Employee is absent for more than three (3) working days without
notifying the Employer's Management or giving an explanation for the Employee's absence to the satisfaction of the Employer;
(d) The Employee is laid off for a period longer than thirty-five (35) weeks; (e) The Employee has been recalled after a lay-off and fails to report within three
(3) days or fails to give a reason satisfactory to the Employer's Management within three (3) working days of receiving the recall notice as to why the Employee did not report;
(f) The Employee has been granted a leave of absence and fails to report to work on the expiration date, or fails to make arrangements for extension of the leave; and
(g) The Employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
(2) An Employee's reinstatement after absence due to a non-work related illness or injury, or a compensable illness or injury, may be conditional upon a certificate from a qualified medical pJ;actitioner certifying that he or she is fit to return to his or her normal duties.
(3) It is understood and agreed that the age of sixty-five (65) is the normal retirement age for any Employee. Upon the Employee attaining this age the Employee will apply to the Employer for permission to continue working and the Employer may grant such permission to work beyond the age of sixty-five for six (6) month periods at its sole discretion. At the end of each the six (6) month period the Employee must reapply for permission to work for a succeeding six (6) months.
Page 12 Prismaflex Inc. and Graphic Communications International Union. Local 500M_
6. Severance Pay:
Except where an Employee has been terminated for cause by the Employer, an Employee terminated or permanently laid off who has been employed for three (3) months or more shall be entitled to termination pay at one (1) week's notice or pay in lieu of notice for each
year of continuous employment a the Employee's regular wage rate. All seniority rights will cease on payment of severance pay.
7. Termination Pay:
Except where an Employee has been terminated for cause by the Employer, an Employee terminated or permanently laid off who has been employed for three (3) months or more shall be entitled to termination pay at one (1) week's notice or pay in lieu of notice for each year of employment, to a maximum of eight (8) weeks', at the Employee's regular wage rate.
\Article 10 -Union Stewards and Officers
1. In accordance with the Union's By-Laws, the Employer agrees to recognize three (3) shop stewards for the bargaining unit. The Union shall provide the Employer with a list of the names as well as any subsequent changes to the names of the shop stewards, who shall be Employees in the bargaining unit, before the Employer shall be required to recognize the stewards.
2. The Union shall provide the Employer with a list of the names as well as any changes to the list of names of the officers and representatives of the Union.
3. Employees shall have a steward present at any meetings with Management that could result in discipline or discharge. 1f a steward is not available for a meeting scheduled at least twenty-four (24) hours in advance then the meeting will go on.
4. There shall be no Union activity on the Employer's time or on the Employer's premises except when necessary in connection with the handling of grievances and matters arising out of this Agreement. The Union acknowledges that stewards have their regular duties to perform on behalf of the Employer and accordingly, it is agreed that the privilege of stewards to leave their work without loss of pay to attend to Union business is granted subject to the following conditions:
(a) Such business must be between the Labour and Management; (b) The time so taken shall be devoted to the prompt handling of necessary Union
business; (c) The steward concerned shall obtain the permission of the Employer before
leaving his or her work. The Employer agrees not to reasonably withhold such permission; and
(d) The Employer reserves the right to limit the time taken if the time taken is excessive.
Page 13 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
Where such consent has been granted, the steward, when resuming his regular duties, shall report to his supervisor.
5. During the negotiation of this Agreement or any extension thereof, the Union agrees to reimburse the Employer for all wages paid out by the Employer to the Union Stewards while they attended collective bargaining negotiations. In this regard the Employer shall submit monthly bills to the Union for such payment and the Union shall provide such payment within thirty (30) calendar days.
I Article 11 - Grievance Procedure
1. Employee Grievance Procedure:
The parties agree that their interests are best served by the speedy resolution of grievances. If an Employee has a grievance or dispute with the Employer, the parties agree to the following procedure:
Step 1: The aggrieved Employee shall irumediately bring the matter in writing to his or her supervisor once he or she became or should have become aware of a grievance. It is understood that a complaint will not constitute a grievance until an Employee has afforded his or her supervisor an opportunity to review, and if necessary, adjust the complaint. The Employee's written submission to his or her supervisor must clearly state:
(a) The substance of the grievance; (b) The number of the article in this Agreement upon which the grievance is
based; and (c) The remedy which is requested.
A discussion between the supervisor and the Employee, accompanied by a shop steward, shall be held within two (2) working days of the Employees submission of his or her grievance.
The supervisor will render his or her decision within two (2) working days of the above meeting.
Step 2: If the supervisor's written response is unsatisfactory to the grievor, the matter shall be filed in writing with the Operations Manager within five (5) working days following the completion of Step 1.
The Plant Manager shall convene a meeting within five (5) working days of receiving the Employee's written grievance. The grievor, his or her shop steward and the Operations Manager shall be in attendance at this meeting.
Within five (5) working days of this meeting the Operations Manager must render his decision in writing.
Prismaflex Inc. and Graphic Communications International Union, Local 500M_
Step 3:
Page 14
If the grievance is not settled at Step 2 the grievance shall be filed in writing within five (5) working days to the Employer's Human and Industrial Relations Manager and the Union's representative for settlement discussion purposes. The parties will have fifteen (15) calendar days to discuss the grievance. Should there be no agreement, the grievance may be referred to arbitration. If no written request for arbitration is received within these ten (1 0) calendar days, the grievance shall be deemed to have been abandoned with prejudice.
Any grievance not in compliance with these time limits shall be deemed to be abandoned unless mutually agreement is sought in writing which agreement shall not be unreasonably withheld.
2. Discharge Grievances:
Any grievance involving suspension or discharge shall be commenced at Step 2 within five (5) working days after the Employee has been dismissed or suspended.
3. Agreements:
All decisions arrived at between the Employer and the Unionrepresentative(s) shall be in writing and shall be final and binding upon the Employer, the Union, and the Employee(s) concerned.
I Article 12 -Policy Grievance
1. Any difference between the parties arising during the lifetime of this Agreement or extension thereof out of the interpretation and/or application of the Agreement which could not be the subject of a grievance by an individual Employee, may be submitted in writing by either party to the other. Such grievance shall commence at Step 2.
2. All decisions arrived at between the Employer and the Union representative(s) shall be in writing and shall be final and binding upon the Employer, the Union, and the Employee(s) concerned.
!Article 13 - Arbitration
1. Grievances shall be heard by a single arbitrator. In the event that arbitration is invoked, the request must be made in writing to the other party within ten (10) working days of the completion of the above grievance procedure. In its notice the requesting party shall suggest a person to serve as arbitrator.
2. The responding party will have twenty (20) working days to either agree with the requesting party's suggested arbitrator or to suggest alternative arbitrators.
Page 15 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
3. If the parties cannot agree within thirty (30) calendar days after the invocation of the arbitration procedure, either party may apply to the Minister of Labour to appoint the arbitrator. An arbitrator so appointed shall be deemed to have been appointed in accordance with this Agreement.
4. The arbitrator shall meet as soon as.possible with the parties to hear the evidence and receive representations.
5. The arbitrator shall not have the jurisdiction to alter, change or amend the provisions of this Agreement, or to substitute any existing provision, nor to make any decision that is inconsistent with this Agreement.
6. The arbitrator must give his or her decision within sixty (60) days after the hearing is concluded. The arbitrator's decision shall be final and binding.
8. Each party hereto shall bear one half of the remuneration and expenses of the arbitrator.
!Article 14- Vacations
14.01 For the purpose of this section, the definition of gross earnings is the total of regular pay, plus shift premium, plus overtime pay, but excludes any vacation pay and bonus.
14.02 (1) Each Employee who, as at June 30'h of each year, has completed less than one (1) year continuous service with lhe Employer shall receive vacation with pay in accordance with the provisions of the Employment Standards Act of Ontario.
14.02 (2) Each Employee who, as at June 30th 6f each year, has completed one (1) year and less than five (5) years continuous service with the Employer shall receive annually two (2) weeks vacation with two (2) weeks pay at the Employee's regular rate of pay, or 4% of the Employee's gross earnings for the 12 months ending on June 30th of the current year, whichever is the greater amount.
14.02 (3) Each Employee who. as at June 30th of each year, has completed five (5) years of continuous service with the Employer shall receive annually three (3) weeks vacation with three (3) weeks pay at the Employee's regular rate of pay.
14.02 (4) Each Employee who, as at June 30th of each year. has completed ten (10) years of continuous service with the Employer shall receive annually four ( 4) weeks vacation with four ( 4) weeks pay at the Employee's regular rate of pay.
14.02 (5) Each Employee who, as at June 30th of each year, has completed twenty (20) years of continuous service with the Employer shall receive annually five (5) weeks vacation with five (5) weeks pay at the Employee's regular rate of pay.
14.03 Any vacation .granted an Employee in any calendar year must be taken in that calendar year and shall not accuinulate from one calendar year to the next.
Page 16 Prismaflex Inc. and Graphic Communications International Union, Local SOOM_
14.04 All Employees must submit all vacation requests by April 1" and the Employer will post vacation schedules by April 30th.
14.05 An Employee whose employment is terminated shall be paid pro rata for vacation due to the Employee from the preceding June 30th, less vacation time taken.
14.06 Notwithstanding the foregoing, where an Employee is absent in excess of a total offorty ( 40) working days in any twelve (12) month period to June 30th of the current year for any reason, including layoff. leave of absence, accident. or illness. the Employee's vacation· entitlement shall be reduced in the amount proportionate to the time in excess of forty (40) days.
14.07 Vacation periods shall be arranged to meet the convenience of the Employer and the Employees, but the Employer retains the right to set vacation schedules so as to best ensure proper and continuous operation of the EmployeL
I Article 15 -Designated Holidays
1. The following holidays shall be observed by paying eligible Employees at double their regular wages for any time lost by the observance of such holidays:
(i) New Years Day; (ii) Good Friday; (iii) Victoria Day; (iv) Canada Day; (v) Civic Day; (vi) Labour Day; (vii) Thanksgiving Day; (viii) Christmas Day; (ix) and the 26th of December (Boxing Day); and (x)two (2) annual floating holidays. ·
2. An Employee will not be paid for such holiday if:
(a) He or she fails to work his or her scheduled regular day of work preceding or his or her scheduled regular day of work following a public holiday; and
(b) He or she has agreed to work on a public holiday and who, without reasonable cause, fails to report for and perform the work.
3. Where the holiday falls on a working day for an Employee, the Employer shall, with the Union's consent, substitute another working day within the next thirty (30) days to be the holiday.
Page 17 Prismaflex Inc. and Graphic Communications International Union, Local SOOM_
4. Where the holiday falls on a non-working day for an Employee or during the Employee's vacation, the Employer will:
(a) With the Employee's agreement, pay the Employee his or her regular wages for the holiday; or
(b) Designate a working day within the next thirty (30) days to be the holiday with pay.
5. Where the Employee works on a holiday, the Employer will pay, for each hour worked, the applicable overtime rate, and where the Employee is entitled to the holiday with pay, his or her regular wages in addition.
6. Floating Holidays:
The Employer's obligation to observe the annual floating holidays will be that of the Employee completing his or her probationary period.
!Article 16 - Leaves of Absence
1. General:
( 1) It is expressly understood that Employees will not absent themselves from work without first making proper application for and obtaining the Employer's approval to do so.
(2) Leaves of absence shall be applied for in writing to the Operations Manager. Permission for such leave also shall be given in writing by the Operations Manager. In emergency situations where it is not possible for a written application to be made, at the earliest possible time the Employee shall notify the Employer of his or her request for a leave of absence and obtain consent thereto.
2. Disability Leave:
(1) A medical certificate of disability must be submitted at the initiation of a disability leave of absence verifying the illness and stating the estimated return to work date. Requests for extensions and supporting documentation must be received prior to the estimated return date.
(2) During a disability leave for work-related injuries the Employer will continue to make contributions for Health Insurance, Dental Insurance, Group Te1mLife Insurance, Accidental Death and Dismemberment Insurance, and Long Term Disability Insurance plans for a period not exceeding two (2) years.
(3) During disability leave for reasons other than work-related injuries, the Employer will
continue to make contributions to Health Insurance, Dental Insurance, Group Term Life Insurance, Accidental Death and Dismemberment Insurance, and Long Term Disability Insurance plans for a period not .exceeding three hundred and sixty-five (365) days.
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( 4) Subject to the foregoing, the Employee continues to participate in each such plan, subject to the terms of the policy or plan document, unless he or she elects in writing not to do so, or fails to make the employee contribution toward such plans.
(5) Seniority continues to accrue during both work-related and non-work related disability leaves.
(6) An Employee returning from a wotk -related disability leave not exceeding twenty-four (24) months will be reinstated to his or her most recently held position if it still exists, or to a comparable position if it does not, at a wage level that the Employee would be earning had the Employee worked throughout the leave.
(7) Pursuant to the re-employment provisions in the Workplace Safety Insurance Act the Employer will not be obligated to re-employ an Employee absent on a work -related disability leave of twenty-four (24) months or more years in duration. Extensions may be granted within the sole discretion of the Employer or as may otherwise be required by law.
3. Pregnancy and Parental Leaves of Absence:
(1) A pregnant Employee who has completed her probationary period with the Employer before the expected date of birth is entitled to an unpaid leave of absence as per the Employment Standards Act.
(2) An Employee may begin pregnancy leave no earlier than seventeen (17) weeks before the expected birth date.
(3) An Employee who has completed her probationary period is entitled to an unpaid leave of absence as per the Employment Standards Act following the birth of his or her child or the adoption of his or her child.
( 4) The Employee must provide the Employer with at least two (2) weeks written notice of the date the pregnancy or parental leave is to begin. In the case of a pregnancy leave, the Employee must also provide the Employer with a certificate from a qualified medical practitioner stating the expected birth date as well as the estimated return to work date. Requests for extensions and supporting documentation must be received prior to the estimated return date.
(5) During a pregnancy or parental leave of absence, the Employer will continue to make contributions to pension plans (if applicable), life insurance plans, accidental death and dismemberment plans, extended health and dental plans and other employee benefit plans.
(6) Subject to the foregoing, the Employee continues to participate in each such plan unless he or she elects in writing not to do so, or fails to make the employee contribution toward such plans.
(7) Seniority continues to accrue during such leaves.
Page 19 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
(8) An Employee returning from pregnancy or parental leave will be reinstated to his or her most recently held position if it still exists, or to a comparable position if it does not, at a wage level that the Employee would be earning had the Employee worked throughout the leave.
4. Personal Leaves of Absence:
(1) Under special circumstances, a short unpaid leave of absence may be granted to an Employee upon submission of a written request to the Operations Manager. The written request must state the projected beginning and ending dates and the specified reasons for the leave. The granting of as well as the duration of such a leave is solely in the discretion of the Employer.
(2) Any false statement made to secure a personal leave of absence shall result in disciplinary action up to and including dismissal.
(3) The Employer may grant leaves of absence for reasonable periods not to exceed one year, without pay, without loss of seniority, for any reason deemed by the Employer to be good and sufficient. Such leave will not be unreasonably requested or withheld.
I Article 17 - Bereavement Leave and Jnry Dnty
1. Bereavement Leave:
(1) Employees who have completed their probationary period with the Employer and who are bereaved by the death of relatives, related to the Employee either by marriage or by a common law relationship, as noted herein will be granted time off work without loss of pay upon written request as follows:
(a) Five (5) working days in the event of the death of an Employee's father, mother, husband/wife, son, daughter, step-son, step-daughter, brother, sister, grandfather, grandmother, grandson, and granddaughter.
(b) Three (3) working days in the event of the death of an Employee's father-inlaw, mother-in-law, brother-in-law and sistercin-law.
(2) Bereavement days may be taken at the Employee's discretion, provided they are contained within a seven (7) calendar day period of the relative's death.
(3) Under the same conditions, an Employee may be granted an additional day off with pay provided he or she is required to travel more than two hundred (200) kilometres one-way to attend the funeral.
2. Jury Duty Leave:
(1) Upon completion of one (1) year of continuous service with the Employer, the Employer will pay any regular full-time Employee who is required to perform jury duty or serve as a subpoena Crown wituess on a day he or she would normally have worked, the difference between the Employee's regular wage rate in his or her regular job classification and the
Page 20 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
payment the Employee received for Jury Duty or for acting as a Crown witness for the first four (4) weeks. Thereafter the Employer will pay fifty percent (50%) of the difference between the Employee's regular wage rate in his or her regular job classification and the payment the Employee received for Jury Duty or for acting as Crown witness. The Employee requesting such a leave must provide the Employer written proof of call to jury service or of call to serve as a Crown subpoena witness and the amount of pay received for the same.
(2) It is expected that an Employee will report to work if jury duty or service as a subpoena crown witness is not required on a half day of work.
!Article 18 - Classifications
1. Job Classifications:
(1) Departmental job classifications shall be as follows:
Senior Printer Junior Printer Printer Trainee
Signwriter Sign writer Trainee
Airbrush Artist Airbrush Touch-Up Artist Airbrush Touch-Up Artist Trainee
Seaming Operator
Plant and Equipment Maintenance Helper/Material Handler
(2) The Employer agrees that seniority shall automatically qualify an Employee to move within a departmental classification and the Union agrees that seniority shall not automatically qualify an Employee to move up from the departmental classification to the next. Movement from the departmental classification to the next shall be in accordance with Article 22.
Pay for Work in Another Classification:
(1) Where the Employer requires an Employee to perform the full and normal duties of an Employee in a higher classification in the bargaining unit, the Employer shall pay the Employee the higher classification's hourly rate.
(2) Where the Employer requires an Employee to perform the full and normal duties of an Employee in a lower classification in the bargaining unit, the Employer shall pay the
Page 21 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
Employee the Employee's regular hourly rate for one (1) week. Thereafter the employee will be paid in the lower classification hourly rate.
!Article 19- Wage Rates and Premiums
1. Wages:
(1) Employees who are 'Red Circled' over the Grid Rate are to receive the same% wage increase, as provided for in Article 19.02 below.
2. Wage Increase§.:
ill Employees whose regular hourly rate (without premiums) is fourteen dollars ($14) per hour or more are entitled to the following wage increases:
1.5% January l, 2003. These wages are set out on Appendix "A"
1.5% January 1, 2004. These wages are set out on Appendix "B"
ill Employees whose regular hourly rate (without premiums) is less than fourteen ($14) · dollars per hour are entitled to the following wage increases:
3% January 1, 2003. These wages are set out on Appendix
3% January l, 2004. These wages are set out on Appendix
· 3. Shift Premiums:
(1) The shift premium for the Continental Shift, as defined in Article 5(2), is thirty cents ($0.30) per hour effective from the ratification date of this Agreement up to and including December 31,2000. From January 1, 2001 to December 31,2001, this shift premium will be thirty-five cents ($0 .3 5) per hour. Commencing January 1, 2002, this shift premium will be forty cents ($.0.40) per hour.
(2) The shift premium for the Midnight Shift is thirty cents ($0.30) per hour effective from the ratification date of this Agreement up to and including December 31, 2000. From January 1, 2001 to December 31,2001 this shift premium will be thirty-five cents ($0.35) per hour. Commencing January 1, 2002 this shift premium will beforty cents ($.0.40) per hour.
(3) The shift premium for the Afternoon Shift is twenty-five cents ($0.25) per hour effective from the ratification date of this Agreement up to and including December 31, 2001. From
Page 23 Prismaflex Inc. and Ora hie Communications International Union, Local 500M
Article 22- Job Vacancies
1. General:
The Employer agrees to post notice of permanent vacancies or new classifications occurring within the bargaining unit on the Employer's bulletin boards for a period of not less than five (5) working days. Written applications to fill such vacancies shall be made with the Human and Industrial Relations Manager within these five (5) working days. During the posting period and until the vacancy is filled, the Employer may temporarily fill the job as its wishes.
2. Selection of Applicants:
The Union agrees that the Employer shall select successful applicant(s) for job vacancies or now positions in accordance with the factors set out in Article 9.01(1).
3. Tests:
Applicants will be tested in order to assess the factors set out in Article 9.01(1) above.
4. Trial Period:
(1) When an Employee transfers or is promoted to a new job, he or she shall not be confirmed in the new job until he or she has actually worked in that job for three (3) months.
(2) During this trial period the Employer has the ability to transfer the Employee back to his or her former job at its sole discretion. Where the Employee's former position is not available, the Employer shall transfer the Employee to employment to comparable employment. Upon transferring back, the Employee shall be paid at the salary of his or her former job.
5. Training Periods:
Employees will receive the applicable training in his or her assigned classification. The training periods for each classification are as follows:
Senior Printer Junior Printer Printer Trainee
Signwriter Signwriter Trainee
Airbrush Artist Airbrush Touch-Up Artist Airbrush Trainee
(1) No Employee shall be disciplined or discharged without just cause and such disciplinary measures may be subject to the grievance and arbitration procedures set out in Article 11 and 13 .
. (2) All Employees shall conduct themselves in a professional manner at all times while on the Employer's premises or business.
(3) The Employer agrees to notify, in writing, the Employee concerned of any disciplinary action and shall provide to the Union a copy of such notice.
(2) Disciplinary action up to and including dismissal without notice or pay in lieu of notice will result from conduct constituting misconduct, disobedience or neglect of duty. Where such conduct is found, the Employer may terminate the employment relationship for cause justifying summary tennination subject to the grievance procedure.
2. Reasons:
When an Employee is to be suspended, disciplined or discharged, the Employer shall notify the Employee in writing of the reasons within one (1) day of such suspension, discipline or discharge, confinning such action, in sufficient detail that the Employee may defend him or herself against it.
3. Time Limits:
The Employer shall take disciplinary action against an Employee within ten (10) working days of the date of the incident or within ten (1 0) working days of the date on which the Employer became aware of the incident, which ever is the later.
!Article 24- Workplace Safety:
1. Workplace Safety Policy:
(1) During the term of this Agreement and any extensions thereof, all Employees must abide by all approved health and safety regulations and comply with all applicable provincial legislation in addition to observing and promoting any Policy and Compliance Program governing workplace health and safety which is established by the safety committee.
(2) Upon posting of such Policy and Compliance Programs, Employees must be familiar with and comply with such Policies and Programs. This will include attendance at and participation in safety meetings and training, reporting unsafe conditions or procedures, and
Page 25 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
avoiding unsafe acts. This rule shall be strictly adhered to and breach of this rule may result in disciplinary action up to and including dismissal.
(3) No Employee will be assigned to work on a machine or to do other work of a hazardous nature unless some person is available within a reasonable distance so that they can be summoned in case of emergency.
2. Safety Footwear Allowance:
(1) During the term or any extension thereof of this Agreement, the Employer will contribute up to one hundred and twenty five dollars ($125.00) effective January 1, 2004 per Employee on an annual basis to reimburse Employees for safety footwear. Employees must present the Employer with the receipt for safety footwear in order to be reimbursed. Such footwear must conform to the WSIB standards.
(2) As of September 30, 1999, it shall be mandatory for all Employees to wear safety footwear while on duty. The Employer shall enforce compliance with this rule strictly and breach of this rule may result in disciplinary action up to and ir,lcluding dismissal.
!Article 25- Major Technical Changes and New Processes
1. The Employer agrees, in the event of new types of machines or processes, such machines or processes will be operated under the terms of this Agreement or under a scale of wages and conditions of work to be agreed upon by Joint Committee of four ( 4) or more members, each party choosing an equal number of members ·
2. The Employer agrees to give sixty (60) days notice in writing prior to the installation of such new types of machines or new processes and during this period, the Joint Committee will meet at the request of either party to consider arrangements relative to new operations.
3. 1f the parties cannot agree to wages under this Article, any dispute shall go to arbitration pursuant to Article 13. During the arbitration of such dispute, the Union agrees and understands that Employer has the right to continue the use of the new machine or process.
4. The new wages, whenever formally adopted, shall be retroactive to the date of the beginning of the operation of such new machines, equipment, or processes.
!Article 26 - Duration
This Agreement shall be in full force and effect from the first day of January, 2003 until the thirtyfirst day of December 2004, and from year to year thereafter unless either party gives notice in writing to the other of termination or of amendment not more than ninety (90) days and not less than thilty (30) days prior to the date of expiration.
Page 26 Prismaflex Inc. and Graphic Communications International Union, Local 500M_
In witness whereof each of the parties hereto caused this Agreement to be signed by its duly authorized representatives this 2 2, day of May, 2003
For the Employer:
~-~ lCZadeo
Jero~~
~:Jinion:.
tZf!JMie Mike Drimmie Vice President GCIU, Local SOOM
Blair Patterson Union Steward
Page Sill .9.+-
Prismaflex Inc. and Graphic Communications International Union, Local500M_
Appendix "A"- Wage Grid (Commencing January 1, 2003)
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