COLLECTIVE AGREEMENT
BETWEEN
THE PEPSI BOTTLING GROUP, (Canada), Co. LONDON
(Hereinafter referred to as the "Company")
-and-
THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
(Hereinafter referred to as the "Union")
Effective: March 1, 2008 - February 28, 2011
TABLE OF CONTENTS Page # Article 1 Purpose and Recognition .................................................................. 3 Article 2 Interpretation .................................................................................... 3 Article 3 Definitions & Classifications ........................................................... 3 Article 4 Management Functions ........................................................... 4 Article 5 No Strikes or Lockouts ........................................................... 5 Article 6 Union Relationship and Checkoff .................................................... 5 Article 7 Union Representation ....................................................................... 8 Article 8 Grievance Procedure ...................................................................... 11 Article 9 Arbitration ................................................................................. 12 Article 10 Management or Union Policy Grievances ................................. 13 Article 11 Discharge Cases ............................................................................. 14 Article 12 Safety ............................................................................................. 14 Article 13 Seniority ......................................................................................... 15 Article 14 Hours of Work and Overtime …………......................................... 18 Article 15 Rates of Pay .................................................................................... 23 Article 16 Pay Day .......................................................................................... 23 Article 17 Employee Benefits ......................................................................... 24 Article 18 Vacations ........................................................................................ 26 Article 19 Paid Holidays ................................................................................. 28 Article 20 Uniforms, Protective Clothing and Equipment .............................. 29 Article 21 Technological Change .................................................................... 30 Article 22 Work of the Bargaining Unit ......................................................... 30 Article 23 Leave of Absence ........................................................................... 31 Article 24 Loss of License .............................................................................. 32 Article 25 Duration ......................................................................................... 32 Appendix A Wages ............................................................................................. 33 Appendix B Authorization for Deduction of Initiation Fee ............................... 37
Irrevocable Authorization for Deduction of Union Dues .............. 38 Letter of Understandings
Bidding of Delivery Routes, Interplant Shippers and Selection of Sales Representatives ............................................................. 39 Grandfathered Sales Representatives ......................................................... 42 Skill Development Training ....................................................................... 43 Lunch breaks .............................................................................................. 44 Royce Hyatt Arbitration Award - 11/21/95 ................................................ 45
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Practice of Rout Picking ............................................................................. 47 Saturday and Sunday Work ........................................................................ 48 Pension........................................................................................................ 49 WSIB Wage Continuation ......................................................................... 50 Banked Overtime ....................................................................................... 48
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COLLECTIVE AGREEMENT
BETWEEN
THE PEPSI BOTTLING GROUP, (Canada), Co. LONDON
(Hereinafter referred to as the "Company") -and-
THE UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
(Hereinafter referred to as the "Union")
ARTICLE 1 PURPOSE AND RECOGNITION
1.01 It is the purpose of this Agreement to promote harmonious relations between
the Company and its employees and to provide an amicable method for the settlement of differences.
1.02 The Company recognizes the Union as the exclusive bargaining agent for all
employees of the Company working at and out of London, Ontario save and except foremen, sales supervisors, those above the rank of foreman and sales supervisor, office staff, pre-sell customer representatives, merchandisers, persons regularly employed for not more than twenty-four (24) hours per week, and students employed during the school vacation period.
ARTICLE 2 INTERPRETATION 2.01 The provisions of the present Agreement shall be read and construed together.
ARTICLE 3 DEFINITIONS & CLASSIFICATIONS 3.01 The expression "outside employee" wherever used in this Agreement shall
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mean an employee in the category of Sales Representative (Grandfathered), Tel-sell Representative, Interplant Shipper, Delivery Merchandiser, Delivery Helper, Equipment Serviceperson A & B and Merchandiser (Grandfathered).
3.02 The expression "inside employee" wherever used in this Agreement shall
mean an employee in the category of Machine Operator, Bottle Sorter and Mechanic.
3.03 A "probationary employee" shall mean an employee who has completed less
than seventy-five (75) days of work within any six (6) consecutive months, and who has no seniority rights under the terms of this Agreement.
3.04 A "temporary employee" shall mean an employee who is hired during the
period of April 1 through September 30 or through December 1 through December 31. It is understood that the summer period (April through September) will be twenty-four (24) consecutive weeks long with a start and/or end date that can be determined by the Company within the above defined period. Any temporary employee starting on or after April 1 will trigger the opening of the summer period. Temporary employees shall be subject to the deduction of union dues but shall not be employees within the bargaining unit nor shall any provisions of this agreement apply to them. Should a temporary employee remain in employment after the twenty-four (24) weeks window or December 31 as the case may be, they shall cease to be temporary and become probationary. In the case of an emergency, upon mutual agreement between the Company and the Union, the use of temporary employees will be allowed outside of the above periods.
ARTICLE 4 MANAGEMENT FUNCTIONS 4.01 The Union recognizes and acknowledges that the management of the operation
and direction of the working force are fixed exclusively in the Company and, without restricting the generality of the foregoing, and subject to restrictions elsewhere in the Agreement the Union acknowledges that it is the exclusive function of the Company to:
(a) maintain order, discipline, efficiency and quality;
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(b) hire, promote, demote, classify, transfer, suspend, layoff and retire employees and to discipline or discharge any employee for just cause;
(c) make, enforce and alter, from time to time, any reasonable rules and
regulations to be observed by the employees;
(d) generally manage the industrial enterprise in which the Company is engaged and without restricting the foregoing to determine the products to be manufactured, processed, packaged, shipped and distributed, the methods of manufacturing, processing packaging, shipping and distribution, the sources, quantities and kinds of ingredients, supplies and other materials used in the manufacturing, processing and packaging of the Company's products, the schedules of manufacturing, processing, packaging, shipping and distribution, the kinds and the locations of machinery, equipment and tools used throughout the Company's operations, the scheduling of the employees, including the scheduling of shifts, the scheduling of overtime and to determine the use of employees to be employed.
ARTICLE 5 NO STRIKES OR LOCKOUTS 5.01 There will be no strikes or lockouts so long as this Agreement continues to
operate. The terms "strikes" and "lockouts" shall be defined in accordance with the definitions set out in the Labour Relations Act.
ARTICLE 6 UNION RELATIONSHIP & CHECKOFF 6.01 (a) Every employee covered by this Agreement shall, as a condition of his
continued employment become and remain, a member, in good standing of the Union. For new employees this requirement shall prevail once they have completed the probationary period.
(b) The Union agrees that it will not refuse membership to any employee
without just cause. Whenever an employee is suspended or expelled from membership the Union will give the Company, in writing, the reasons for such action.
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(c) The employer and the Union agrees that there shall be no discrimination, with respect to any employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, discharge, membership or activity in the Union, political or religious affiliation, age, race, creed, colour, handicap, sexual orientation, or marital status.
The Employer and the Union also agree to abide by the Human Rights Legislation and any other applicable legislation governing any employee in the Province of Ontario.
The Employer and the Union agree that everyone has the right to work in an environment free of all sexual harassment.
The parties agree that if such a situation exists, a meeting will be held within the shortest possible time limits.
6.02 Every new employee shall, at the time of hiring, complete and sign an
application for membership in the Union, an authorization for deduction from his pay of such amount as may be, at that time, certified by the Union to the Company as being the amount of the Union's standard initiation fee. The application for membership and authorization for deduction of initiation fee shall have no application until the employee completes his probationary period.
6.03 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 Company.
6.04 (a) The employer agrees to deduct from the wages of each employee in the
bargaining unit and from each temporary employee the amount of the regular union dues and to remit the amount to the Union.
The Company shall, at the time of making each remittance to the Union, specify the employees from whose pay such deductions were made.
(b) The Company agrees that all deductions made on behalf of the Union
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shall be indicated on statements of income required for purposes of taxation as required by the Federal Government.
(c) All employees in the Bargaining Unit shall be required, after having
served their probationary period, to authorize the Company in writing by way of the forms entitled, "Irrevocable Authorization For Deduction of Union Dues", and the authorization for deduction of initiation fee shall be "Authorization for Deduction of Initiation Fee" hereto annexed and marked "Appendix B". The above mentioned forms shall be provided by the Company and shall be signed by all employees whom are required to do so.
(d) All deductions shall be made on the weekly pay of all employees
covered by this Agreement. All sums deducted, together with a record of those for whom the deductions have been made and the amount, shall be forwarded to the United Food and Commercial Workers Canada Local 175, 2200 Argentia Road, Mississauga, Ontario, L5N 2K7. The regular weekly Union dues and such fees shall be remitted to the Union prior to the fifteenth (15th) of the month following the month in which such deduction is made.
(e) The Union will notify the Company by letter, signed by the duly
authorized officers of the Union and bearing the Local Union Seal of the amount of the Union Dues to be deducted weekly and will give the Company thirty (30) days notice of any change in the amount of Dues.
(f) The remittance statement shall be documented by location containing a
dues and initiation report for which an electronic copy will be provided to the Union. The Company will provide the following information, as known to the Company.
1. S.I.N. 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Rate of pay 5. Union dues deducted 6. Initiation fees deducted
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6.05 The Union agrees to save the Company harmless from any and all claims which may be against the Company by employees for amounts deducted in accordance with Article 3.04, 6.04 above and Articles 7.07 and 7.08.
6.06 A seniority list containing names, addresses, telephone number, date of hire,
classification and full time or part time designation of employees as contained in the records of the Company will be prepared and forwarded to the local Union office annually during September of each year.
6.07 Privacy Act:
Any personal/confidential information to be provided by the Company to the Union or any Union Representative according to the terms and conditions of this collective agreement will continue to be provided as long as it is legally permitted under the Privacy Act.
ARTICLE 7 UNION REPRESENTATION 7.01 The Company acknowledges the right of the Union to appoint or otherwise
select a committee which shall be composed of not more than five (5) stewards - one for outside employees, one for warehouse employees, one for service, one ‘at large’ from the bargaining unit and one chief steward. The name and area of each of the stewards from time to time selected shall be given to the Company in writing and the Company shall not be required to recognize any such steward until it has been so notified. The Union may, if it wishes appoint alternate stewards who will only act in the case of absence from work of the regular stewards.
7.02 The Company undertakes to instruct all members of its supervisory staff to co-
operate with the stewards in the carrying out of the terms and requirements of this Agreement.
7.03 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 supervisory capacity.
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7.04 The privileges of stewards to leave their work to attend to Union business is granted and shall be paid their appropriate rate of pay on the following conditions:
1. Such business must be between the Union and the Management.
Employees having grievances cannot discuss these with the stewards in working hours, except in the case of a discharged employee.
2. The time shall be devoted to the prompt handling of necessary Union
business.
3. The steward concerned shall obtain the permission of the supervisor concerned before leaving his work. Such permission shall not be unreasonably withheld.
4. The time away from production work shall be reported in accordance
with the timekeeping methods of the department in which the steward is employed, if applicable.
5. The Company reserves the right to limit such time if it deems the time
so taken to be excessive. 7.05 At the request of the Union the Company will grant time off without loss of
pay, during the employee's regular working hours, up to four (4) employees, with one (1) being the Chief Steward, allowing them to be members of the Union negotiating committee and to enable them to attend arranged meetings with Company representatives, for the purpose of negotiating a renewal of the Collective Agreement: but not including Conciliation or Mediation. When deemed necessary, and when agreed to by the Company and the Union, a representative from the Service Department or a sales representative may also attend certain meetings. The allowance of such time off, however, shall be subject to the employee having obtained permission to leave his work from his immediate supervisor.
7.06 The Company agrees to grant upon the written request of the Union, an unpaid
leave of absence for a period of not more than twelve (12) months to any employee who has been elected or appointed as an Official of the Canada or of the Local Union, if such duties require him to have leave of absence from his
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Company duties. The Company will consider an extension of such leave for up to an additional twelve (12) months or the duration of the Collective Agreement whichever is longer, if requested by the Union.
7.07 Employees on such leaves of absence shall upon the written request of the
Union be continued as active members of the Group Insurance Plan, Retirement Income Plan and Ontario Health Insurance Plan (O.H.I.P.) upon payment of the total contributions whether from the Union or the employee concerned. During such periods of leave of absence the employee's seniority shall continue to accumulate as if he were employed at his regular post by the Company.
7.08 Employees granted leave of absence under clause 7.06 shall upon the written
request of the Union, continue to be paid their regular wages, less deductions. The Union shall reimburse the Company for all such wages, plus the amount of any benefits normally paid by the Company on behalf of such an employee.
7.09 A glassed-in, locked Bulletin Board will be provided for the Union by the
Company. A board will be provided for the employees in each of the two seniority groups. The location of the boards will be mutually agreed upon for the Union Notices. Any and all notices shall be signed by an Officer of the Union, and shall be submitted to a representative of the Company's Management for approval prior to posting. Such approval will not be unreasonably withheld.
7.10 Any employee who so desires it shall have the right to review his/her
personnel record in the presence of the Union Steward and a member of Management upon making a request for same in advance. Such review is to take place at such time and place within the unit as may be designated by Management. If any employee so affected objects to the material contained in such record, such objection may be made the subject matter of a grievance and be processed in accordance with the provisions of Article 8 herein. Time designated by Management will be reasonable. No additional pay beyond their regular work hours will be paid to the employee or Steward for reviewing the employees’ personnel file.
7.11 All written disciplinary action that is to become part of an employee’s
personnel record, upon request of the employee, shall be given in the presence
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of a steward.
ARTICLE 8 GRIEVANCE PROCEDURE 8.01 The parties to this Agreement are agreed that it is of the utmost importance to
address grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible.
8.02 An employee shall endeavour to resolve his complaint through informal
discussion with his supervisor who shall respond forthwith. If no resolution is achieved, the employee may file a written grievance stipulating the facts of the alleged violation. No grievance shall be considered unless it is presented in writing in accordance with this Article within ten (10) working days of the incident which is the subject of the grievance.
8.03 Grievances shall be dealt with as follows:
Step No. 1 - the aggrieved employee and his steward shall present his grievance in writing to his supervisor. The supervisor shall give his decision within three (3) working days following the presentation of the grievance to him. If the supervisor's decision is not satisfactory to the employee concerned, then the grievance may be presented as follows.
Step No. 2 - Within three (3) working days after the decision is given at Step No. 1, the aggrieved employee and the Union president and/or the chief steward may present the grievance in writing to the appropriate manager, or his designate who shall consider it in the presence of the person or persons presenting same and the supervisor involved at Step 1, and render his decision in writing within three (3) working days following the presentation of the grievance to him. If a settlement satisfactory to the union is not reached, then the grievance may be referred to arbitration in accordance with Article 8.04.
8.04 If final settlement of the grievance is not reached at Step No. 2, then the
grievance may be referred in writing by either party to arbitration as provided in Article 9 below at any time within twenty (20) working days after the decision is given under Step No. 2 and if no such written request for arbitration is received within the time limited, then it shall be deemed to have
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been abandoned. 8.05 As per Section 48 (16) of the Ontario Labour Relations Act, RSO1995, an
Arbitrator or Arbitration board may extend the time for the taking of any step in the grievance procedure under a Collective Agreement, despite the expiration of time. Where the Arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.
8.06 As used herein, the term "working days" shall not include Saturday, Sunday or
Holidays.
ARTICLE 9 ARBITRATION 9.01 Both parties to this Agreement agree that any dispute or grievance concerning
the interpretation or alleged violation of this Agreement, which has been carried through all the steps of the grievance procedure outlined in Article 8 above, and which has not been settled, will be referred to a Board of Arbitration, at the written request of either of the parties hereto. Provided, however, a sole arbitrator may be substituted for a Board of Arbitration on the mutual agreement of the parties.
9.02 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.
9.03 Within three (3) working days of the request by either party for a Board, each
party shall notify the other in writing of the name of its appointee. 9.04 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) days of the notification mentioned in Article 9.03 above, the Minister of Labour of the Province of Ontario may be asked to nominate a person to act as Chairman at any time thereafter.
9.05 The decision of a Board of Arbitration or a majority thereof, or sole arbitrator,
constituted in the above manner, shall be binding on both parties.
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9.06 The Board of Arbitration, or sole arbitrator, shall not have any power to alter
or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, or to give any decision inconsistent with the terms and provisions of this Agreement.
9.07 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 or of a sole arbitrator.
ARTICLE 10 MANAGEMENT OR UNION POLICY GRIEVANCES 10.01 Any grievance instituted by management may be referred in writing to a
steward within ten (10) full working days of the occurrence of the circumstances giving rise to the grievance, and the steward shall meet within five (5) working days thereafter with management to consider the grievance. If final settlement of the grievance is not completed within five (5) working days of such meeting, the grievance may be referred, by either party, to Arbitration as provided in Article 9 at any time within ten (10) calendar days thereafter, but not later.
10.02 A Union policy grievance, which is defined as an alleged violation of this
Agreement, concerning all or a substantial number of the employees in the bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the Union in writing with the appropriate manager at Step No. 2 of the grievance procedure at any time within ten (10) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled, it may be referred to Arbitration in the same manner and to the same extent as the grievance of an employee.
10.03 No Disciplinary notice shall be given to an employee more than eighteen
(18) calendar days following the Company becoming aware of the infraction, except if this time period has been extended after agreement between the Company and the Union, or if the employee is absent from work at the time when the Company wishes to give him/her the disciplinary notice. Notwithstanding the foregoing, the Company will endeavor to fetter discipline in a timely manner.
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10:04 In the event an employee receives discipline, such discipline shall remain
actively recorded in the Personnel file for a period not to exceed twelve (12) months in the case of a verbal or written warning and eighteen (18) months in the case of a suspension from the date of such disciplinary action occurring.
ARTICLE 11 DISCHARGE CASES 11.01 A claim by an employee who has completed the probationary period that he
has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged with his manager at Step No. 2
of the grievance procedure within ten (10) working days after the employee ceases working for the Company. Such special grievances may be settled by:
(a) confirming the management's action in dismissing the employee; or
(b) reinstating the employee with full compensation for the time lost; or
(c) any other arrangement which is just and equitable in the opinion of the
conferring parties or the Board of Arbitration. 11.02 When an employee has been dismissed without notice, he shall have the right
to interview his steward for a reasonable period of time before leaving the premises.
ARTICLE 12 SAFETY 12.01 (a) The Company will make all reasonable provisions for the health and
safety of the employees during working hours and will furnish adequate facilities and equipment for that purpose. The Company and the Union mutually agree that employees will cooperate in the maintenance of healthy and safe working conditions, in the proper use of protective clothing and equipment and in the observance of all safety rules.
(b) A Joint Health and Safety committee will be formed consisting of
three (3) employees from the bargaining unit and three (3)
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management representatives. A co-chair will be elected from the worker representatives and a co-chair will be appointed by the Union shall be a certified representative. It is further agreed that at least one (1) employee will be trained at a St. John Ambulance course.
(c) The Health and Safety Committee shall hold at least one (1) meeting
per month or as deemed necessary by the Parties, and all unsafe or hazardous or dangerous conditions shall be taken up and dealt with at such meetings.
(d) The minutes of all Health and Safety Committee meetings shall be
kept, and copies of such minutes shall be sent to the Union and the Employer, and one (1) copy to be posted.
(e) The Company and the Union will continue to abide by the language as
it stands in the Occupational Health and Safety Act and regulations of Ontario as of the date of ratification, to the end of the current Collective Agreement. In the event that the Government modifies the Occupational Health and Safety Act and the regulations of Ontario, the Company and the Union will continue to abide by the existing language and will negotiate the impact of the changes at the time of the new contract or renewal.
(f) Health and Safety Committee shall be established, comprised of three
(3) representatives elected or appointed by the Union and at least one (1) representative appointed by the Union shall be a certified representative trained by the Union.
ARTICLE 13 SENIORITY 13.01 For the purposes of this Collective Agreement each of the following seniority
groups shall be considered as an entirely separate seniority group:
(a) "Inside employees"
(b) "Outside employees" 13.02 Separate seniority lists shall be maintained by the Company for each of the
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seniority groups referred to in 13.01 above, showing the name and seniority date of each employee who has acquired seniority under this Agreement. Employees who have the same seniority date will have their seniority standing determined by lottery. These lists will be revised and brought up to date the lst of June and the 1st of December of each year. The employees must, within 10 calendar days from the date of posting, notify the company of any discrepancies. A copy of each updated list will be forwarded to the Union office.
13.03 Seniority of an employee shall mean the length of his unbroken service in the
Bargaining Unit. 13.04 Any new employee hired by the Company shall be on probation and will not
have any seniority standing with the Company, until after he has completed seventy-five (75) days of work within any six (6) month period. His seniority will then be established seventy-five (75) working days prior to the date he completed his seventy-fifth day of work. The dismissal, layoff or failure to recall after layoff of a probationary employee shall not be the subject of a grievance and the dismissal, layoff, failure to recall after layoff, or discharge of a probationary employee shall be deemed to be for just cause.
13.05 Any employee's return to work after sick leave or accident will be conditional
on his supplying, when requested, a certificate from a physician confirming that he is fit to resume his normal duties.
13.06 Seniority shall terminate and an employee shall cease to be employed by the
Company when he:
(a) is discharged and not reinstated through the grievance or arbitration procedure;
(b) quits;
(c) fails to return to work following the expiration of any period of leave
of absence granted by the Company; unless the reason was beyond the control of the employee;
(d) is absent from work for three (3) consecutive working days without
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notifying his supervisor unless the reason was beyond the control of the employee;
(e) accepts gainful employment while on a leave of absence without first
obtaining the consent of the Company in writing;
(f) is off work for layoff for a period of twenty-four (24) months or the length of his seniority whichever is the shorter. Any employee on layoff shall notify the Company if he obtains employment elsewhere;
(g) fails to notify the company immediately when he is fit to return to
work from illness or accident. 13.07 An employee who is or has been transferred from the bargaining unit to a job
with the Company outside of the bargaining unit, will continue to accumulate seniority for a period up to one (1) year. If transferred back to the bargaining unit within the said period of one (1) year, he shall return with all seniority.
13.08 In making transfers, promotions, demotions, layoffs, and recalls from layoff
within a seniority group, seniority shall govern, provided the employee can satisfactorily fulfill the normal requirements of the job.
13.09 Job Posting
(a) When a permanent vacancy occurs, in a seniority group, it will be posted for five (5) working days. In the case of a posting for a vacant delivery position which has previously been identified by its route type, the posting will so describe the vacant delivery position.
(b) All employees may apply for a posted vacancy. First consideration
will be given to applications by employees within the seniority group in which the vacancy has occurred. In the event there are no successful applicants from within the seniority group, consideration will be given to applicants from the other seniority group.
Any employee who is absent will be entitled to make application during the five (5) day period referred to in paragraph (a) through any other employee acting on his behalf.
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(c) The Company will select the successful applicant at the close of the
posting period in accordance with the criteria of 13.08 and will advise employees concerned of the successful candidate by posting that information.
(d) In the event the successful applicant is required to change seniority
groups, he will retain his seniority, but will not be allowed to bid for any other vacancy in the seniority group to which he has transferred for a period of six (6) months following the effective date of the transfer.
(e) The first vacancy, if any, which results from filling of the original
vacancy will be posted for three (3) consecutive working days and will be filled in accordance with this Article. No posting will be required for any further vacancies which may result and the Company shall have the right to fill such further vacancies as it determines to be appropriate.
ARTICLE 14 HOURS OF WORK AND OVERTIME 14.01 The following paragraphs and sections are intended to define the normal hours
of work and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week.
14.02 Hourly-rated employees shall include all inside and outside employees.
14.03 EMPLOYEES HIRED PRIOR TO AUGUST 14, 2000:
The following language applies to all current employees as listed in Appendix “A”, that were hired prior to August 14, 2000.
(a) The regular work week for hourly-rated employees shall be forty (40) hours per week consisting of five (5) consecutive eight (8) hour shifts or four (4) consecutive or non consecutive ten (10) hour shifts Monday
through Saturday as defined in Letter of Understanding Respecting
Bidding of Delivery Routes, Interplant Shippers and Selection of
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Sales Representatives. In the case of Interplant Shippers, it shall consist of 40 hours per week based on a work week of Sunday to Saturday.
Employees shall have at least two (2) consecutive days as their assigned days off, one of which shall be Sunday, with the exception of the Service Technicians and Machine Operators who may work on Sundays on a voluntary basis.
Saturday work shall be posted for volunteers in the preceding week, no later than 5:00 p.m. Thursday, to a maximum of six (6). If there are not enough volunteers, the Saturday work will be assigned to a maximum of six (6) delivery merchandisers on a reverse-seniority basis. Delivery merchandisers who volunteer for Saturday work will be guaranteed pay for the Saturday shift if employees with less seniority have completed 40 hours of work that same week.
All employees who work on a Saturday as their regular scheduled shift shall receive a $1.50 per hour shift premium.
Employees will have the right to exercise their seniority to obtain work at straight time on days outside their regularly scheduled work week in order to make up for time lost due to temporary lay-off during that same week. Employees will not have this right to make up for lost time due to sickness.
(b) In the instance where an employee has been reported to work and
accession of work occurs before the commencement of his shift, the Company shall grant the employee four (4) hours of work or four (4) hours of pay at his normal hourly rate. Any such employee who has been absent from work must assume the responsibility for checking with the Company to determine if work is available before returning.
(c) If an hourly-rated employee is summoned to return to the plant by the
Company after cessation of his normal shift, the employee shall be guaranteed of four (4) hours of work or four (4) hours at his normal hourly rate, whichever is greater.
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(d) Rest periods of fifteen (15) minutes will be allowed at the rate of one during each half shift wherever possible.
(e) All time worked in excess of the regular work schedules as set out in
14.03, or on a paid holiday, or on a Saturday, or in excess of eight (8) hours or ten (10) hours in a day shall be paid for at the rate of time and one-half (1 1/2) the employee’s regular hourly rate of pay. Notwithstanding the above, employees who exercise their seniority, as per article 14.02, to work on a day outside their regularly scheduled work week in order to make up for lost time due to temporary lay-off, will be paid at straight time.
(f) While seniority will generally govern overtime, employees who have
worked forty (40) hours in a given week will only be offered overtime work after all other full-time employees have been offered the opportunity to work forty (40) hours in the same week, where practicable. To facilitate the distribution of overtime work, hourly rated employees will be required at the beginning of each calendar month to indicate their desire for such assignments by signing an "employee available for overtime" list and that repeated refusal of overtime work after having indicated availability for such assignments will result in that employee being excluded from further consideration under these provisions. An employee who refuses overtime for a reasonable cause will not disqualify himself from being asked for overtime in the future. It is understood that in the event that all overtime requirements cannot be filled on a voluntary basis such work may then be assigned on a reverse-seniority basis to those employees who are capable of satisfactorily performing the work required. This provision shall apply in the event of a power failure, machine breakdown or any other causes beyond the control of the Company. If overtime is to exceed an hour, a fifteen (15) minute rest period will be allowed before the commencement of overtime.
(g) Overtime premiums shall not be paid more than once for any hour
worked, and there shall be no pyramiding of overtime.
(h) The normal work week for outside employees, including the normal starting hours, shall be determined by management.
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14.04 EMPLOYEES HIRED AFTER AUGUST 14, 2000:
The following language applies to employees hired into the bargaining unit
after August 14, 2000. The Company will schedule these employees first on a Saturday schedule before asking for volunteers or assigning the work as per Article 14.03.
(a) The regular work week for hourly rated employees shall be forty (40)
hours per week consisting of any five (5) eight (8) hour shifts or any four (4) ten (10) hour shifts Sunday to Saturday.
All employees who work on a Saturday or Sunday as their regular scheduled shift shall receive a $1.50 per hour shift premium.
Employees will have the right to exercise their seniority to obtain work at straight time on days outside their regularly scheduled work week in order to make up for time lost due to temporary lay off during that same week. Employees will not have this right to make up for lost time due to sickness.
(b) In the instance where an employee has been reported to work and
accession of work occurs before the commencement of his shift, the Company shall grant the employee four (4) hours of work or four (4) hours of pay at his normal hourly rate. Any such employee who has been absent from work must assume the responsibility for checking with the Company to determine if work is available before returning.
(c) If an hourly-rated employee is summoned to return to the plant by the
Company after cessation of his normal shift, the employee shall be guaranteed of four (4) hours of work or four (4) hours at his normal hourly rate, whichever is greater.
(d) Rest periods of fifteen (15) minutes will be allowed at the rate of one
during each half shift wherever possible.
(e) All time worked in excess of the regular work schedules as set out in 14.03, or on a paid holiday, or in excess of eight (8) hours or ten (10)
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hours in a day shall be paid for at the rate of time and one-half (1 ½) the employee’s regular hourly rate of pay. Notwithstanding the above, employees who exercise their seniority, as per article 14.02, to work on a day outside their regularly scheduled work week in order to make up for lost time due to temporary lay-off, will be paid at straight time.
(f) While seniority will generally govern overtime, employees who have
worked forty (40) hours in a given week will only be offered overtime work after all other full-time employees have been offered the opportunity to work forty (40) hours in the same week, where practicable. To facilitate the distribution of overtime work, hourly rated employees will be required at the beginning of each calendar month to indicate their desire for such assignments by signing an “employee available for overtime” list and that repeated refusal of overtime work after having indicated availability for such assignments will result in that employee being excluded from further consideration under these provisions. An employee who refuses overtime for a reasonable cause will not disqualify himself from being asked for overtime in the future. It is understood that in the event that all overtime requirements cannot be filled on a voluntary basis such work may then be assigned on a reverse-seniority basis to those employees who are capable of satisfactorily performing the work required. If overtime is to exceed an hour, a fifteen (15) minute rest period will be allowed before the commencement of overtime.
(g) Overtime premiums shall not be paid more than once for any hour
worked, and there shall be no pyramiding of overtime.
(h) The normal work week for outside employees, including the normal starting hours, shall be determined by management.
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ARTICLE 15 RATES OF PAY 15.01 The Company agrees to pay and the Union agrees to accept for the terms of
this Agreement, the schedule of wages attached hereto as Appendix "A". 15.02 Effective date of ratification, a shift premium of one dollar ($1.00) per hour
shall be paid to all hourly rated employees on the afternoon shift. An afternoon shift is any shift which commences after 1:30 p.m.
15.03 An employee who has been appointed as a lead hand shall be paid a premium
of fifty cents (50¢) per hour above his regular rate of pay. 15.04 An employee who is temporarily transferred to a lower rated job to avoid a
layoff or at the request of the employee will receive the lower rate of pay for the duration of the temporary transfer.
15.05 An employee who is temporarily transferred to a lower rated job classification
for the convenience and benefit of the Company shall continue to receive his normal rate of pay for the duration of the temporary transfer.
15.06 An employee who is transferred from a lower to a higher rated job, whether on
a temporary or permanent basis, for two (2) consecutive hours or more, will be paid the higher rate, subject to the provisions of 15.01.
15.07 Deliverymen temporarily promoted to Sales Representatives shall receive
1/5th of the salesman's weekly salary for each day worked. 15.08 There shall be no duplicating or pyramiding of overtime or premium pay under
any provision of this agreement or any other Article in this agreement.
ARTICLE 16 PAY DAY 16.01 All employees shall receive their pay bi-weekly each week by a direct deposit
to a bank or financial institution of their choice. The deposit will normally be made on Thursdays, but may be subject to the time delays depending on the policies of the bank or financial institution. Details as to all calculation of
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hours for days worked, rates of pay, deductions etc., shall be contained on a statement to be given to each employee.
Any mistakes on an employee’s pay greater than one hundred ($100), the Company will issue payment to the employee the following (off-cycle) week.
ARTICLE 17 EMPLOYEE BENEFITS 17.01 (a) Effective August 1, 1994, employees shall be provided with benefit
coverage in accordance with Pepsi-Cola Canada Beverages' Flexible Benefits Program.
(b) Pension Plan
All members of the bargaining unit covered by this agreement shall participate in the Canadian Commercial Workers Industry Pension Plan (CCWIPP).
The Company shall make the following per hour contributions for all hours paid by the Company to the seniority holding members of the bargaining unit (hours paid shall include hours worked, vacations, observed holidays and paid time off for contract negotiations) to CCWIPP, to a maximum of two thousand eighty (2,080) hours per year per employee.
Effective March 1, 2008, the Company shall contribute one dollar and three cents (1.03¢) per hour worked; Effective March 1, 2009, the Company shall contribute one dollar and twenty three cents (1.23¢) per hour worked; Effective March 1, 2010, the Company shall contribute one dollar and twenty three cents (1.23¢) per hour worked;
Effective March 1, 2010 the company further agrees to pay ten (10¢) per hour worked for each employee on the Seniority List to a maximum of two thousand eighty (2,080) hours worked per year per employee for the CCWIPP stabilization fund.
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The company further agrees to pay twenty-four cents (24¢) per hour worked for each employee on the Seniority List to a maximum of two thousand eighty (2,080) hours worked per year per employee for the purchase past service credits.
17.02 The Company will grant leave of absence with pay for the purpose of
arranging and attending funerals to employees who have completed their probationary period in the case of bereavement, as follows:
(a) Five (5) days of absence with pay in case of the death of a spouse,
common-law spouse, or child of an employee.
(b) Three (3) days of absence with pay in the case of the death of a grandchild, brother, sister, mother-in-law or father-in-law of an employee.
(c) One (1) day of absence with pay in the case of the death of a
grandparent, daughter-in-law, son-in-law of an employee, and the grandparent of an employee’s spouse.
(d) Four (4) days of absence with pay in the case of the death of a
father or mother of an employee.
Plus two (2) days travel time at half pay if the death of this person is outside the Province of Ontario.
17.03 An employee who has completed his probationary period and who is called for
Jury Duty or who is required to attend a Court in any matter arising out of this employment, or who is subpoenaed to appear in court as a Crown witness, will receive for each day of necessary absence on that account, the difference between his regular earnings for that day and the amount of the fee received from the Court, provided that the employee furnishes the Company with evidence that his attendance is required and satisfactory evidence as to the amount of fee received.
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17.04 Employees absent from work in connection with clauses 17.02, 17.03 above, shall be paid as follows:
(a) Hourly paid employees - at their regular hourly rate up to a maximum
of eight (8) or ten (10) hours per day, where applicable.
(b) Employees paid on the basis of a weekly wage - at an amount equal to one fifth (1/5) of their regular weekly wage for each day.
17.05 An employee shall receive up to a maximum of six (6) days sick per annum, at 66 2/3% of earnings and certified medical evidence may be required. Should medical evidence be required, the employee’s immediate supervisor or his/her designate will inform the employee at the time the employee calls in to notify the supervisor of his/her absence. Except in the case of extreme emergency, dental appointments, medical checkups and eye examinations shall not constitute certified medical evidence.
Employees who, at the end of a calendar year, have unused sick leave credits, will be entitled to payment at 100% of the regular rate of pay that was in effect for him on the first day of the contract year. This payout will be processed in the month of January.
17.06 The Company will reimburse 100% of the cost of A-Z physical examinations up to every three (3) years, upon receiving a copy of the medical practitioners’ receipt.
17.07 The Company and the Union agreed to a Benefit Committee to discuss
training / communication and make recommendations to the Company
ARTICLE 18 VACATIONS 18.01 Vacations with pay shall be granted in accordance with the following
paragraphs:
(a) the purposes of paragraph 18.01, "anniversary date" shall mean each successive anniversary of the seniority date;
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(b) Vacation pay shall be calculated based upon 2% of the employee’s vacationable earnings or based upon 40 hours of work at his regular rate of pay, whichever is higher. Vacationable earnings is defined as all employment income (short term disability, regular pay, premium pay, vacation pay, bereavement, overtime, statutory holiday pay) less taxable benefits (life insurance, car taxable benefits, Sharepower).
(c) Entitlement shall be calculated on the following basis and will be
available to the employee to use in the calendar year of his anniversary date:
(a) after the first anniversary date - 2 weeks; (b) after the fifth anniversary date - 3 weeks; (c) after the tenth anniversary date - 4 weeks; (d) after the twentieth anniversary date - 5 weeks; (e) after the thirtieth anniversary date - 6 weeks.
18.02 Preference in allocation of vacation entitlement shall be given to employees on
a seniority basis subject to section 18.03 provided that is does not interfere with the proper and efficient operation of the Company.
18.03 For the purpose of Article 18 the Company shall have the right to limit the
number of employees off on vacation at any one time in each area of seniority as follows:
Inside Seniority List 3 Delivery 6 Service 2 - only one “A” Tech and one “B” Tech
off at same time. Mechanics 1 Sales 1
18.04 Vacation schedules to be posted and completed by February 1 and finalized by
February 15 in each year. 18.05 Employees who leave the service of the Company will be paid pro-rated
vacation pay in accordance with the amount of vacation entitlement provided for under paragraph 18.01(c).
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18.06 Employees who leave the service of the Company prior to the first anniversary
date shall receive as vacation pay an amount equal to four percent (4%) of the wages paid to the date of termination.
18.07 The Company agrees to continue the current practice for all employees,
wherein an employee who is laid off, may request a vacation day(s) to top up his wages for the week, to a maximum of 40 total compensated hours (including time worked and vacation).
ARTICLE 19 PAID HOLIDAYS 19.01 The expression "paid holiday" where it is used in the Agreement shall mean
any one of the following:
New Years Day Day After New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Christmas Eve Day
Plus any day which may be legislated by the provincial or federal government.
19.02 (a) Each eligible employee who has completed the probationary period
shall receive holiday pay for each paid holiday or day observed in lieu thereof.
(b) Should any of the holidays mentioned above, other than Christmas Eve
Day, fall on a Saturday or on a Sunday, the Company shall decide which day will be taken in lieu thereof.
19.03 An employee shall not be eligible to receive holiday pay for a holiday if he has
not worked his regular schedule work day or shift immediately preceding and immediately succeeding the holiday. However, an employee shall not be disqualified under this provision by reason of approved leave of absence or proven illness or accident commencing no more than five (5) days preceding
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the holiday and ending no more than five (5) days following the holiday, or for attendance at funerals or jury duty as provided for under Article 17. Proven illness or accident shall mean such illness or accident that is proven to the satisfaction of the Company by means of a medical certificate or independent medical examination.
19.04 Holiday pay shall be calculated by multiplying the employee's regular hourly
rate times eight (8) or ten (10). For outside employees, who do not receive a regular hourly rate, holiday pay shall be calculated as one fifth (1/5) the previous full week's pay.
19.05 In addition to the foregoing holidays, each eligible employee who has
completed the probationary period shall be entitled to one (1) “Float Day” per calendar year to be taken at a time that is mutually agreed to between the employee and his supervisor.
ARTICLE 20 UNIFORMS, PROTECTIVE CLOTHING AND EQUIPMENT 20.01 All permanent full time employees will be allocated specific numbers of points
per contract year from which they may select their uniform requirements. Employees will be required to choose uniforms appropriate to their job function and will be required to be properly attired at all times. Uniforms will only be issued twice annually, in March and September of each year. Boots will be issued as required.
Inside Seniority List -Maximum of 200 points per year Outside Seniority List - Maximum of 220 points per year
The Selection value of items shall be as follows:
Pants 15 Points Shirts 10 Points Vests 10 Points Shorts 15 Points T. Shirts 3 Points Windbreakers 20 Points Parkas 25 Points Bomber Jackets 25 Points Safety Footwear 35 Points ($2.00 per point)
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Blazer 50 Points
20.02 Serviceperson “A” and Mechanic(s) will be reimbursed for tool expenses up
to two hundred and fifty dollars ($250.00) per year when a receipt is provided.
ARTICLE 21 TECHNOLOGICAL CHANGE 21.01 If during the life of this Agreement the Company wishes to make a
technological change, or other changes are required, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any regular full time employee, the Company will give the Union notice as far in advance as practical, in writing of such changes.
The Company will meet the Union to consider ways and means of reducing the impact of such change upon employees affected. Senior affected employees will be given preferential consideration which may include retraining with regards to new and/or existing classifications within the bargaining unit.
In the event the Company wishes to establish a new classification, it will advise the Union in writing and negotiate the rates of pay with the Union.
21.02 In the event of a layoff under Article 21.01, the employee or employees
affected shall exercise his/their seniority rights in accordance with Article 13.08.
ARTICLE 22 WORK OF THE BARGAINING UNIT 22.01 Persons outside the bargaining unit as defined in Article 1.02 shall continue to
perform current duties and job responsibilities. They will not normally perform work customarily performed by the bargaining unit except:
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(a) as a result of urgent or emergency conditions,
(b) for the purposes of demonstration or training,
(c) to occasionally relieve an employee for a short period,
(d) when a regular employee is not available due to being late for work or absent from work.
ARTICLE 23 LEAVE OF ABSENCE 23.01 The Company may grant a leave of absence without pay to attend school
without loss of seniority. A request for such leave must be made in writing to the Department Manager at least two weeks before such leave is to take effect. The Department Manager will reply to a request in writing within two days.
23.02 In the event that a full-time employee with a minimum of one (1) years
seniority is permanently laid off it is agreed that the Company will provide the following severance benefits:
(1) Employees with one (1) year of service to four (4) years eleven (11)
months of service will receive one (1) weeks notice per complete year of service, or pay in lieu of such notice.
(2) Employees with five (5) years of service to nineteen (19) years eleven
(11) months of service will receive one (1) weeks notice per complete year of service to a maximum of eight (8) weeks, or pay in lieu of such notice, plus 1.5 weeks pay per complete year of service.
(3) Employees with twenty (20) years of service will receive eight (8)
weeks notice, or pay in lieu of such notice, plus 2 weeks pay per complete year of service, up to a maximum of 52 weeks. The employee’s regular hourly rate of pay will be utilized for the purposes of severance calculations.
Employees will receive benefit coverage (not including STD or LTD) during the period of notice only. Employees will receive a lump sum
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benefit payment equivalent to the company’s cost of benefit coverage for the balance of the employee’s severance period.
ARTICLE 24 LOSS OF LICENCE 24.01 Instead of automatic termination for first time loss of licence the Company
may, depending on the circumstances, place a driver in a vacant position (vacant position includes a probationary or temporary position).
ARTICLE 25 DURATION 25.01 This Agreement shall become effective as of the 29th of February, 2008 and
shall continue in effect until the 28th day of February 2011 inclusive, and beyond the expiry date until the earlier of either a ratified renewal or a legal strike or lockout, unless either party gives notice to the other, not more than ninety (90) days prior to the expiry date of its desire to enter into negotiations for the revision or renewal of all or any part of this Agreement, and both parties shall thereupon enter into negotiations in good faith and make every reasonable effort to secure a renewal.
DATED at London, Ontario this ________ day of __________, 20_____.
FOR THE COMPANY: FOR THE UNION: _________________________ ___________________________ _________________________ ___________________________ _________________________ ___________________________ _________________________ ___________________________
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APPENDIX "A"
LONDON LOCAL WAGES
Wage Rates & Classifications
3/1/2008 3/1/2009 3/1/2010
Bottle Sorters, Delivery Helper $18.87 $19.27 $19.92
Machine Operator $23.51 $23.91 $24.56
Serviceperson B $24.35 $24.75 $25.40
Serviceperson A $24.76 $25.16 $25.81
Delivery Merchandisers/ Interplant Shippers $25.20 $25.60 $26.25
Tell-Sell Rep. $760.25 $776.25 $802.25
Sales Rep (Grandfathered) $1,067.25 $1,083.25 $1,109.25
Mechanic $26.34 $26.74 $27.39
Signing Bonus of $200.00 payable on a separate check paid on July 10, 2008.
NOTES: The Company may propose a modified Compensation system for Selling and Delivery. Any new employee hired as a probationary employee will be paid as follows:
(i) until the commencement of the first work week following the completion of his first three (3) months of continuous employment at a rate of ninety percent (90%) of the applicable job rate and;
(ii) thereafter and until the commencement of the first work week following
the completion of his first six (6) months of continuous employment at a rate of ninety-five percent (95%) of the applicable rate; and
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(iii) thereafter at the job rate of the job to which he is assigned.
Work Week List as per 14.03 - Driver Pool Employee Name Seniority Date Position Dave Leslie 03/20/73 Driver Don Williams 04/25/77 Driver Mike Mackenzie 06/05/78 Driver Ted Linker 11/16/82 Driver Steve Grunsell 04/29/83 Driver Stuart Johnston 04/15/85 Driver Jeff Mitchell 05/20/85 Driver Ray McManus 07/02/86 Driver Denis Degarie 07/24/86 Driver John Horn 06/16/87 Driver Ian Scanlan 07/15/87 Driver Carlo Desantis 07/23/87 Driver Kevin Taber 07/30/87 Driver Richard Doran 08/25/87 Driver Micheal Crouse 02/08/88 Driver Thomas Murray 02/29/88 Driver Paul Lekx 01/30/89 Driver Leonard Booy 07/16/90 Driver Shawn Burgess 09/29/92 Driver Don McFalls 05/10/93 Driver Darryl Henebry 03/03/99 Driver Daryl Doerkson 03/04/99 Driver Stephen Hanson 04/15/99 Driver Tim Roselle 04/19/99 Driver Isaac Loewen 04/20/99 Driver Jake Knelson 05/10/99 Driver Dave Evans 05/02/02 Driver Tim, Lane 05/07/03 Driver Jeff Lewis 05/08/03 Driver Barry Joyes 05/10/03 Driver
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David Faseruk 03/22/05 Driver Shawn Foster 04/18/05 Driver Ed Bailey 03/18/07 Driver Joe Conway 01/01/08 Driver Darryl Stanhope 01/01/08 Driver Warehouse Employee Name Seniority Date Position Andy Horvath 03/30/71 Warehouse Dan Klein 09/04/75 Warehouse Aaron Holmes 09/04/75 Warehouse Tom Francis 04/07/76 Warehouse Bob Hoath 05/31/76 Warehouse Ray Howarth 02/08/77 Warehouse Debbie Reid 05/07/79 Warehouse Brian Bigelow 07/18/85 Warehouse Albert Audette 04/13/87 Warehouse John Frederick 11/30/87 Warehouse Darrel Daniel 04/18/88 Warehouse James Gofrey 11/03/90 Warehouse\ Dirk Anderson 9/28/98 Warehouse David Butler 10/01/00 Warehouse Darrin Ronsick 09/20/01 Warehouse Chad Klein 02/26/02 Warehouse Mike Fredericks 02/27/02 Warehouse Trevor Ronsik 04/14/03 Warehouse Will Malpage 04/15/03 Warehouse Rob Grainger 06/11/03 Warehouse Note: This agreement does not effect the current practice in place for scheduling the employees listed below: Employee Name Seniority Date Position Doug Anthony 02/06/66 Service
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David Black 06/07/66 Service Brian Murray 01/31/77 Service Steve Robinson 06/29/83 Service John Yeo 6/24/1985 Service John Barker 01/30/87 Service Jeff Barker 01/30/87 Driver Peter Vanrassel 05/11/87 Service Micheal Carew 02/05/88 Service Darwin Charlton 09/05/88 Service Mark Sop 08/06/90 Service Kinsley Roberts 08/14/00 Service Harry Lipki 11/24/94 Fleet John Rimnyak 04/17/00 Fleet Doug Jennings 05/17/77 Interplant Brad Gedge 04/12/79 Interplant Ken Dubuque 04/23/87 Interplant Wayne Norton 10/13/87 Interplant Bill Guy 08/14/78 Sales Don Martin 09/05/80 Sales Employees hired after August 14, 2000 into these departments will be covered by 14.04.
APPENDIX "B" The Pepsi Bottling Group, (Canada) Co. PLANT: LONDON
AUTHORIZATION FOR DEDUCTION OF INITIATION FEE
In consideration of my acceptance into membership of the Canadian Union of United Food and Commercial Workers, Local 175 and in accordance with the provisions of clauses 6.01 and 6.02 of the Collective Agreement in effect at the date hereof between the Company and the said Union, I hereby authorize the Company to deduct from the next weekly pay hereafter due to me, upon completion of my probationary period, such
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amount as its presently certified by the Union to the Company as being the amount of its current initiation fee. DATED at London, Ontario this _________day of __________, 20____. FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
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IRREVOCABLE AUTHORIZATION FOR DEDUCTION OF UNION DUES
As a condition of my employment by the Company and in accordance with the provisions of clauses 6.01 and 6.04 of the Collective Agreement in effect at the date hereof between the Company and the Canadian Union of United Food and Commercial Workers, Local 175, I hereby authorize the Company to deduct from each weekly pay hereafter due to me, upon completion of my probationary period, such amount as may from time to time be certified by the Union to the Company as being the amount of Union Dues currently payable. This authorization shall remain effective during the life and any statutory extension, of the Collective Agreement in effect at the date hereof between the Company and the above mentioned Union of any Collective Agreement made thereafter between the Company and the said Union which contains provisions similar to those in the said clauses 6.01 and 6.04. DATED at London, Ontario this _______day of ____________, 20____.
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LETTER OF UNDERSTANDING
RE: RESPECTING BIDDING OF DELIVERY ROUTES,
INTERPLANT SHIPPERS AND SELECTION OF SALES REPRESENTATIVES.
I Bidding of Delivery Routes
It is mutually understood and agreed that workweek bidding will continue to operate for the term of this Agreement as follows:
1. The Company will identify 1 full-time FSV route 2. The Company will also identify; five (5): Monday to Thursday, eight
(8): Tuesday to Friday, three (3): Monday, Tuesday, Thursday, Friday, and four (4): Monday, Wednesday, Thursday, Friday, workweeks to be known as “identified workweeks” and will be offered by seniority. An annual re-bid will occur in December to take effect the following January 1st.
3. Any permanent changes in the identified workweeks shall be posted and
bid as per clause 13.09 of this agreement.
4. The Company agrees to meet with the Union and advise them in the event that any of the identified workweeks requires restructuring or alteration or in the event that additions or deletions to routes are required due to legitimate business requirements. Nothing in this letter of understanding shall be construed to restrict the company’s authority under Clause 4.01.
II Interplant Shipper
It is mutually understood and agreed that the Company's agreement to amend Articles 3.01 and 3.02 to provide for the transfer of Interplant Shippers from the category of "Inside Employee" to that of "Outside Employee" is based upon the following terms:
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1. Employees in the position of Interplant Shipper will retain their existing seniority following the transfer.
2. The employees transferred will remain in the position of Interplant
Shipper subject to the availability of work and shall only be permitted to bid for full time vacancies that may become available in accordance with the procedure set out in Article 13.09.
3. Notwithstanding the transfer of Interplant Shippers to the "Outside
employee" category, the normal work week for Interplant Shippers shall be 40 hours per week based on a Sunday to Saturday work week. Overtime will be paid at the rate of time and one-half (1 1/2) the Interplant Shipper's regular hourly rate for all work performed over ten (10) hours per day or forty (40) hours per week.
II Selection of Sales Representatives
Notwithstanding Articles 13.08 and 13.09, it is mutually understood and agreed that the following procedures shall apply to the selection, promotion and assignment of persons for the positions of Sales Representatives:
1. The Company will consider applications from any person for any regular
full time vacancy in the position of Sales Representative. The Company shall have the exclusive right to determine the skills and attributes necessary to perform the vacant Sales Representative position and to select the person who is most qualified for the particular vacancy in light of its criteria.
2. The Company shall have the right to make temporary assignments to the
position of Sales Representative as may be required.
3. The Company shall have the responsibility for determining work assignments of Sales Representatives.
It is acknowledged and agreed that this Letter of Understanding forms part of the collective agreement and, in the event of a conflict, the Letter Of Understanding shall prevail over the provisions of the collective agreement.
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Renewed at London, Ontario this _______ day of _____________, 20____.
FOR THE COMPANY FOR THE UNION _________________________ ___________________
_________________________ ___________________
_________________________ ___________________
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LETTER OF UNDERSTANDING
RE: GRANDFATHERED SALES REPRESENTATIVES It is agreed that all present Sales Representatives may elect to accept appointment as a Pre-sell Customer Representative (PCR). It is agreed, however, that no present Sales Representative shall be obliged to accept an offered position as PCR, but rather may continue to perform the duties of a Sales Representative so long as work is available for him in that capacity. Should a current Sales Representative not elect to become a PCR, the Sales Representative position will remain in effect as long as the current individuals are in that position. Once a current individual leaves a Sales Representative position, that position will no longer remain in effect. It is further agreed that no Sales Representative will be displaced as a result of the hiring of a PCR, or as a result of the promotion of a Sales Representative to PCR. In the event of a layoff of a Sales Representative, he shall be reinstated to the position of a Sales Representative before the hire of a PCR or the promotion of a Sales Representative to a PCR. It is further agreed that, in the case of a temporary promotion of a bargaining unit employee to the position of Pre-sell Customer Representative (as replacement for an absent PCR, or for training or similar purposes), such employee shall continue to pay Union Dues and to accumulate seniority during his temporary absence from the Bargaining Unit and shall be paid at the rate of one-fifth (1/5th) of the weekly wage rate of a Sales Representative for each day worked as a PCR. Renewed at London, Ontario this __________of _________, 20___. FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
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LETTER OF UNDERSTANDING
RE: SKILL DEVELOPMENT TRAINING The company agrees to endeavour to make available to employees the opportunity to receive training in order to provide them with the qualifications to do work outside their current classification. Such training will be made available on the employee’s own time (i.e. unpaid). Availability of training opportunities will depend on business needs, and will be at the discretion of the company. An employee who has received such training shall not then be entitled to refuse an assignment to the position for which he has been trained. Renewed at London, Ontario this _____ of ___________, 20____. FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
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LETTER OF UNDERSTANDING
RE: LUNCH BREAK To: United Food & Commercial Workers Canada It is mutually agreed that the Company's rule prohibiting employees from meeting for lunch or breaks shall be rescinded and that employees shall be allowed to meet together for lunch or breaks providing the employee does not go off his designated route to do so, does not exceed the established break periods or otherwise abuse the policy. It is further agreed that if abuses of this policy occur the company shall communicate the facts to the chief steward who shall attempt to remedy the situation with the employee or employees concerned. If abuses of the policy continue the company shall meet with the chief steward to determine the disciplinary action required. If the parties fail to agree on the disciplinary action required the company shall have the right, subject to the grievance procedure, to take unilateral disciplinary action and may reinstate the rule respecting meeting on lunch and breaks. It is further mutually agreed that whenever possible the company shall use chain store vans to deliver to chain stores. Renewed at London, Ontario this _______ of ____________, 20____.
FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
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LETTER OF UNDERSTANDING
RE: ROYCE HYATT ARBITRATION AWARD 11/21/95 WHEREAS the Union and the Grievors have filed grievances alleging that the Company has improperly assigned bargaining unit work to non bargaining unit personnel for purposes of selling the Company’s products in areas surrounding the London, Ontario plant since January 1995. AND WHEREAS in full settlement of these grievances, the Company, the Union, the Intervenor and the Grievors hereby agree as follows: 1. The Company will redefine its sales territories in due course. 2. In addition and as part of its redefinition, the Company agree to expand its sales
territories sold and services from the London Plant to include portions of the sales routes formerly sold in by employees in the Exeter Plant and formerly sold in by employees in the Chatham Plant.
3. To increase its sales force, the Company agrees to transfer two (2) sales persons
from the Chatham and Essex bargaining unit to the London bargaining unit co-incident with the redefinition of the sales territories.
Furthermore, the work of the service technician currently filled by Royce Hyatt of the Chatham and Essex bargaining unit, will be transferred to the London bargaining unit at the time Royce Hyatt’s employment with the Company terminates.
The parties agree to amend their respective Collective Agreements to reflect this change.
4. The sales persons transferred to the London bargaining unit will transfer with one
(1) day’s seniority to the bargaining unit for purposes of layoff and recall from the layoff and job posting, but for all other purposes will retain their company wide seniority. However, it is understood that the successful sales candidates will not be subject to bumping by a person in a lower-rated classification in the event of layoff.
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5. The parties agree that all sales positions remaining after the redefinition of the sales territories will be considered vacant at the time of the redefinition of the sales territories. All eligible employees will be entitled to bid on the posted vacancies pursuant to the terms of Article 13.09 and Article III of the Letter of Understanding in the Collective Agreement dated July 30, 1991.
6. Should a facility re-open doing production and/or warehouse work in Chatham
such work will revert back to coverage under the Essex Collective Agreement. Without any admission of liability: 1. The Company will pay to the Union, on behalf of Chris Worniuk, Shawn
Burgess, Len Booy and Dave Spencer a total of $2,952.00 an amount equal to one (1) week’s wages ($738.00) each, less statutory deductions. Individual payments to the Grievors will be handled by the Union.
2. The Union and the Grievors hereby agree to withdraw all outstanding grievances
relating to these matters. These Minutes of Settlement are reached without precedent and without prejudice. Dated at London, Ontario this ___________of ______________, 20___. FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
47
LETTER OF UNDERSTANDING
RE: PRACTICE OF ROUTE PICKING To: United Food & Commercial Workers Canada The Company will afford employees in the Delivery department the opportunity to choose, by seniority, a specific route and corresponding day within a geographical area 3 times per year at times to be mutually agreed upon by the Union and the Company. The routes chosen by the employees shall remain unchanged for the term and until the next route picking process. Should conditions/circumstances require the Union and Company to conduct the above process more frequently, the parties shall agree to meet to discuss such. The PQI loads will be assigned to a route.
Dated at London, Ontario this _______ of ____________, 20____.
FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
48
LETTER OF UNDERSTANDING
RE: SATURDAY AND SUNDAY WORK To: United Food & Commercial Workers Canada Should the customer needs outstrip Company’s ability to service them with current employees and/or new hires, the Company and the Union will meet and negotiate terms and conditions in order to expand further Saturday and Sunday service. Dated at London, Ontario this _______ of ____________, 20____.
FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
49
Letter of Understanding
Re: Pension
To: United Food and Commercial Workers Canada The credited amount of $20372.00 that is currently being held by CCWIPP will be forwarded to the stabilization fund. Due to the deferred $.70 per hour which was fully funded November 17, 2007. Renewed at London, Ontario this _______ of ____________, 20____.
FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
50
LETTER OF UNDERSTANDING
RE: WSIB Wage Continuation To: United Food & Commercial Workers Canada, Local 175 It is mutually agreed that in the case where an injured employee is entitled to receive payments from the WSIB, if these payments are not received by the employee within the first ten (10) work days following the date on which he/she made his/her written claim pursuant to the accident, the Company, upon request from the employee and signing of the appropriate forms, shall advance to him/her on a bi -weekly basis the equivalent of the payment to which he/she is entitled. When payments from the WSIB are received, the employee shall undertake to reimburse the Company immediately on a reasonable repayment schedule. Renewed at London, Ontario this _______ of ____________, 20____.
FOR THE COMPANY FOR THE UNION ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
51
Letter of Understanding
Re: Banked Overtime The Pepsi Bottling Group, London hereby agrees with United Food & Commercial Workers Canada, Local 175 the following: The Company will implement banked overtime with the goal to reduce the impact of layoffs during non-peak periods (as defined in article 3.04). With respect to banked overtime the following shall apply: All permanent full time employees with seniority under the Collective Bargaining Agreement will be allowed to bank a maximum of forty (40) hours per annum. Hours will be banked at the overtime rate applicable when worked (i.e. time and one half). Employees must decide at the beginning of the year whether or not they will participate in the program and can not alter this decision during the year. These hours may be taken at a mutually agreed time to both parties during non-peak periods. Banked time can be carried over to the end of March of the following year or paid out. Banked overtime will not interfere with any vacation time already booked. IN WITNESS WHEREOF; THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT. Dated at London, Ontario this ___ day of _________ 2008
FOR THE UNION: FOR THE COMPANY: ______________________ ______________________ ______________________ ______________________
52
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