COLLECTIVE AGREEMENT - sdc.gov.on.ca and Waste... · (!J uni FOR COLLECTIVE AGREEMENT BETWEEN...

(!J uni FOR

COLLECTIVE AGREEMENT

BETWEEN

ABEDNEGO ENVIRONMENTAL CANADA LTD.

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(herein referred to as the "Company")

AND

UNIFOR AND ITS LOCAL 222 (herein referred to as the "Union")

June 1, 2017 - May 31, 2021

TABLE OF CONTENTS

Article 1-Purpose & Intent ... .... ....... ........ ..... ..... .... ..... .. ................... ...... ... .... .... .. .. ................ ... ... ............. ... 1 Article 2 -Recognition .... ......... .... ................ .... .... .......... ........... ..... .... ........ ..... ... ........ ...... .... ........ .... ........ .... 1 Article 3 -Union Security .. .. ....... ...... .. ................. ..... ...... .......... .. ........... ...... .... ..... ............ .... ......... ....... ........ 1 Article 4 -Management's Rights ........ .. ...... ......... ..... ... ........ ..... ......... ......... ... ......... ... .................................. 2 Article 5 -Discrimination and Harassment .................................................................................................. 2 Article 6 -Relationship ................. ....... .. ....... ... .... .... ........... .......... .......... .... ..... ..... ........ ....... .............. .......... 3 Article 7 -Seniority ...... .... .... ......... ....... ... .. ........ ............ ................. ..... .......... ........................ .... ....... ........ ..... 3 Article 8-Loss of Seniority .. ........ .. ........................ ............. ................... ......... .......... ......... .. .. ... ..... ........ ....... 4 Article 9 -Layoffs and Recall ........ .... ........ ..... .... ........ .. ........ ....... ...... .................. ... ..................................... .4 Article 10 -Grievance and Arbitration Procedure ..... ................ ................................... ........... ... ................ .4 Article 11-Leave of Absence ........ ....... ...................... .......... ............... .................... ......... ........... ................. 6 Article 12 -Pregnancy and Parental Leave ........ ................................. .... .. ....... .. ......... ...... ... ..................... ... 6 Article 13 -Public Office Leave of Absence ......... ........ ..... ... ........ ......... ...... ........... ...... .. ....... .... .... .... ....... ..... 6 Article 14-Shift Premium ..... .......... ...... ..... ...... ...... .. .. .... ...... .... ......... ... .... .......... .. .... .. ....... ................. ...... ... 7 Article 15 -Reporting in Pay .. .......... .. ........ .................... ... ..... ..... ... ....... .. .. .......... ... ... .... .......... ....... .. ....... .. ... 7

Article 16-Emergency Call-Back Pay ............ .................. ... ................... ... .......... ...... .............. ... .... .......... .... 7 Article 17-Jury Duty ...... ... .............. ....... ............ ............. ........... ...... .... .... ... ................... ... .. .... ................. ... 7 Article 18-Bereavement Leave ... .... ............... .................... .. .. ... ... ...... ..... .............. ... ........ ... ... .... ... ... .......... 8 Article 19 -Bulletin Boards ........................ ........ ..... ... ......... ...... ............. .... ................. ... ........ ...... ................ 8 Article 20 -Pay Day ........ ......... .................. ...... ...... ........ ....... ... ................... ... ... ...... ..... ....... ...... .. .... .. ... ... ...... 8 Article 21-Copy of Agreement ........... .... .. ........... .... .. ..... ..... ........... ... .. .............. ... ... ...... .... ......... ..... ........... 9 Article 22 -Stri kes and Lockouts ................... ................. ............... ... ..... .... ............ ............. ....... .... ........... ... 9 Article 23 -Classification and Wages ...... ....... .. .. .. .... .. ... ........ .. ... ................ .. ............. .... .. .. .. ....... ........ ...... ... 9 Article 24 -Hours of Work and Overtime ........ ....... ................. ... ................................ ....... ..... ................ ... 10 Article 25 -Union Representation ................. ......... ....... ..................................... ... ... ..... ........... ..... ........... . 12 Article 26 -Work by Supervisors ........... .. .. ... ... ..... .. ........ .... ............. .... ....... .... .......... .......... ........... .. ... ....... 12 Article 27-Employee Upgrading Program .................. .. ... .... ........... ............ ....... ... ... ........... ...... ........ ....... . 13 Article 28 -New Employee Orientation ........ ..... ... .......... ... ..... .... ....... ..... .... ... .. ..... .. ........ .... ... .. .. ... .... ....... . 13 Article 29 -Administration of Discipline ........ .... ....... ...... ........ .. .. ...... ....... ........ ......... .... .. .. ...... ... .... .... ........ 13 Article 30 -Health and Safety ......................... ............... .................. .. ..... ........ ......... .............. ........... ........ 13

Article 31-Vacations .. .... .......... ..... .. ...... ........... ............. .... .......... ........ ... ..... .. .......... ... ..... ...... ... ... ..... ... ..... 14 Article 32 -Holiday Pay Plan ................. ..... ..................... ......... ............... ... ............................................. .. 15 Article 33 -Benefits ................. .... ........ .... ... .... ... .... .... .......... ... ... ... ... ..... .... ......... ........ .... ........ ..... .... ....... ..... 16

Article 34-Substance Abuse ... ........ .............. ............................ ... ............ ...... ........... .... ....... ... ....... ...... ...... 17 Article 35-Termination ....... ..... ....... .................. .... ............. ..... ... ...... ... ................. ............. .. ..................... 17 Article 36 -Signing Bonus ..... ......... ..... ....... .. ........ .... ......... ....... .... ..... ... ....... .... .. ........ ... .... ....... ..... .... ..... ...... 17

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ARTICLE 1 - PURPOSE & INTENT

The general purpose of this Agreement is to set forth terms and conditions of employment and promotes orderly and peaceful labour relations for the mutual interest of the Company, the employees and the Union .

To these ends, the Union and the Company encourage to the fullest degree friendly and cooperative relations between their respective representatives at all levels and among all employees.

ARTICLE 2 - RECOGNITION

1. Employees Covered -The Company recognizes the Union/Unifor as the lawful bargaining agent pursuant to the Labour Relations Act, 1995, with respect to all its wastewater treatment plant employees only, in the bargaining unit at the Oshawa, General Motors Plant, Wastewater Treatment Plant, save and except supervisors, persons above the rank of supervisor, office and clerical staff and technical and sales staff.

2. For purposes of this Agreement "employee" and "employees" shall mean all employees covered by this Agreement.

3. In the event a part time operator position is created, full time operators will be given the

opportunity to accept the position based on seniority. The part-time operator will be paid at the same base wage rate as the full t ime operators and will be entitled to benefits. For clarity, the part-time operator will not accrue any additional seniority once the position is accepted, but will maintain his seniority at that point in time. The Company will maintain full benefits for a period of 90 days following the change. After 90 days, a scaled down benefit package will be offered .

4. The Company may employ students for the purpose of covering vacation and other scheduled absences of the permanent operators. Students will be covered by this agreement for the purposes of wage rates and payment of union dues only. For clarity, students will not accrue seniority and will not be entitled to benefits.

5. Gender Neutral - The feminine pronoun shall include the masculine (and vice-versa) when the context so requires.

ARTICLE 3 - UNION SECURITY

The Company will deduct from each pay of each employee initiation fees and the regularly established dues of the Union and remit such amounts to the Union by the fifteenth (15th) day of the month following the month in which the moneys were deducted, together with a list of employees from whom such deductions were made.

The Company shall include the amount of union dues paid on the employees T-4 Income Tax slip.

Deductions will be made from the annual vacation pay on the basis of one (1) week's dues for each week of paid vacation.

2017-2021 Collective Agreement between Abednego Environmental Canada Ltd and Unifor and its Local 222

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It is understood and agreed that the Union will indemnify and save the Company harmless from any and all claims which may be made against it by an employee or employees for union dues deducted from wages as herein provided.

The Company will supply the Union with the following:

a) A list of all members in the bargaining unit b) Each member's mailing address c) Each member's hourly rate or equivalent and classification d) Each member's status, i.e., at work, on vacation, weekly sick benefits, LTD, W.C.B. in the month

and any other leaves of absence e) Number of hours worked

The financial Secretary of the Local Union will notify the Company of any change in the amount of Union Dues and/or Initiation Fee to be deducted in line with constitutional requirements of the National Office.

The Company agrees to send to the Union, within one (1) month of their hiring, the names and classifications of all new employees.

ARTICLE 4 - MANAGEMENT'S RIGHTS

The Company has the exclusive right to manage its operations and direct its affairs and working forces, except as limited by the terms of this Agreement or any letter agreement or supplementary agreement that by its terms modifies this Agreement. Examples of management rights include, but is not limited to, the right to select and determine the number of its employees; to set the number of employees assigned to any particular work in accordance with management's need; to determine the scope of the work of the operation; determine the scheduled forces of operation; to establish the methods, procedures, materials, equipment, and operations to be utilized or discontinued, determine the work duties of employees; to develop, train, and cross-train employees; establish, modify, combine, or abolish job classifications; and determine reasonable work pace, performance, levels, and standards for performance of the employees.

ARTICLE 5 - DISCRIMINATION AND HARASSMENT

1. No Discrimination. The Company and the Union agree that there shall be no discrimination with respect to any employee by reason of any ground prohibited by the Ontario Human Rights Code, the Labour Relations Act or the Canadian Charter of Human Rights and Freedoms.

2. The parties recognize that every employee has the right to work in an environment free of discrimination and harassment. Complaints of harassment will be handled with all possible confidentiality and in accordance with Company policy. The Company will ensure a harassment-free work place as required by the Ontario Human Rights Code. The Company will provide guidelines for the recognition and prevention of harassment and establish that there is no acceptable level of harassment in the work place.

2017-2021 Collective Agreement between Abednego Environmental Canada Ltd and Unifor and its Local 222 2

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ARTICLE 6 - RELATIONSHIP

1. The Union and employees will not engage in Union activities or hold meetings in or on the property of the Company and/or General Motors Ltd., during working hours without the permission of the site manager/designate.

2. The Union Representative/designate will not be unreasonably denied access to the work site to allow conduct of Union business. The Union Representative agrees to pre-arrange visits where practicable but, in any event, will notify the site manager/designate of his visit and any requirements re: access to bargaining unit personnel.

3. Data to be supplied to Union - The Company will supply the Union with the following information as changes occur:

a) Employees who acquire seniority b) Employees transferred into or out of the Bargaining Unit c) Employees on leave of absence d) Employees on Sickness and Accident or Compensation and the date of occurrence e) Lay-offs and recalls f) Employees who have lost seniority g) Employees who are discharged

ARTICLE 7 - SENIORITY

1. The Fundamental rules respecting seniority are designed to give employees an equitable measure of security based on length of service with the Company.

2. Employees will be considered as probationary employees for their first ninety (90) working days of their employment. After they have completed the probationary period, they shall be entered on the seniority list showing their seniority date as their hire date. The parties agree that there will be situations where a lesser standard of just cause will be applied to probationary employees.

3. In the event more than one employee acquires seniority on the same date, the Company will randomly assign each employee with a seniority code number, this number will be used in determining each employee's seniority standing, i.e. lowest seniority code number will be highest seniority standing on such date.

4. A seniority list will be given to the Union as changes occur.

5. An employee, who has attained seniority and is transferred to a job not covered by this Agreement shall, in the event of a later transfer to a job covered by this Agreement, again obtain seniority status as of the date of transfer out of the Unit, provided the employee returns to the Unit within one (1) year of the date of transfer.


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ARTICLE 8 - LOSS OF SENIORITY

1. Seniority rights will be lost and the employee shall cease to be employed with the Company for any of the following reasons:

a) Quits or retires;

b) Discharged and not reinstated through the Grievance or Arbitration procedures;

c) Absent for three (3) consecutive working days without a reasonable excuse and/or fails to

notify the Company during the three (3) day period of the reason for the absence without

reasonable excuse; (Note: notification means confirmed communication through either

email, cell phone or fax

d) Fails to report for work following recall within seven (7) calendar days following the date the

Company posted notification to the employee via registered mail to the last known address

on file in the employee's record;

e) Is laid off for eighteen (18) months or equal to seniority, whichever is greater;

f) Fails to report for work following an authorized leave of absence without obtaining an

extension or is unable to give a reason satisfactory to the Company;

g) Works elsewhere, without written permission from the Company, during a leave of absence.

2. It is the responsibility of each employee to promptly notify the Company of any change of address. If an employee fails to do this, the Company will not be responsible for failure of a notice to reach an employee.

ARTICLE 9 - LAYOFFS AND RECALL

1. In the event of layoffs:

a) The employees will be notified of any layoffs as soon as possible and normal shift rotations will be maintained as work becomes available. Employee benefits will be maintained for up to three (3) calendar months following the end of the month in which the layoff occurred .

b) Employees having the least seniority will be laid off first and will be recalled back to work based on the most senior employee first. Recall will normally be done by telephone call to the telephone number provided to the Company by the employee. In the event that phone contact cannot be accomplished, notice of recall will be sent as required in 8(d)

ARTICLE 10 - GRIEVANCE AND ARBITRATION PROCEDURE

1. The purpose of this Article is to establish a procedure for the expeditious settlement of all grievances. The term "Grievance" means any difference or dispute between the Company and the Union or between the Company and an employee with respect to the interpretation, application, claim of breach, or alleged violation of any of the provisions of this Agreement. An "Aggrieved Employee" is any employee or group of employees making a claim under this Article.


2. The parties agree that the grieving party has a responsibility to discuss any concerns or complaints with appropriate members of the other party/parties and allow three (3) calendar days to respond prior to a written grievance being filed .

3. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than seven (7) calendar days before the filing of the grievance, or the time when they may reasonably be deemed to have come to the attention of such employee.

4. Step I - The aggrieved employee and the Workplace Representative shall meet with the Operations Specialist or designate within five (5) working days of the receipt of written grievance. A written decision shall be rendered within four (4) working days thereafter.

Step 2 - Failing settlement, the written grievance should be submitted, within five (5) working days to the Company's Head Office. The General Manager or designate will meet with the griever, the Workplace Representative and Union staff representative or designate to discuss the grievance. The Company will render a written decision within five (5) working days after the meeting.

Step 3 - Arbitration - Failing settlement, the grievance may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after the Step 2 decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of the Province of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request .

5. A grievance alleging improper discharge or suspension of an employee will commence at Step 2 to expedite the process.

6. The time limits in this Article may be extended by mutual consent, in writing, of the Union and the Company.

7. The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, a Union policy grievance or a Company grievance.

8. The decision of the Arbitrator shall be binding upon the parties.

9. The Arbitrator shall not have the jurisdict ion to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provisions in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement, or in any way modify, add to or detract from, any provisions of this Agreement unless the Labour Relations Act provides this authority.

10. Each of the parties hereto shall jointly bear the expense of the Arbitrator.


ARTICLE 11- LEAVE OF ABSENCE

1. Any employee's request for leave of absence, such for personal or family reasons, must be in writing, with one (1) months' notice to the Company where such application will be given full consideration. Leaves will not be unreasonably withheld and a copy of such notice will be given to the Union.

2. All leaves of absence will be without pay unless otherwise specified- If the employee wishes to continue eligible benefit coverage the employee must prepay benefit coverage for the duration of such leave if the coverage would normally cease during any leave period in excess of one month's duration.

3. Any employee of the Company elected or appointed to a full time position in the local union or National Union, Unifor will be granted a leave of absence by the Company. Such leaves will remain in effect until notice to cancel such leave is given by the Union.

4. Union leaves of absence to attend to Union business outside the plant will not be unreasonably denied. The Company will pay the employee's wages and will bill the Union monthly for reimbursement of wages (and benefits if time away exceeds one (1) month.

5. Emergency leaves will not require the one (1) month notice but the employee will give as much notice as possible and certified reasons for the request may be required by the Company.

6. Vacation will not accrue during leave of absence. Seniority and service will accrue during an authorized leave of absence; vacation will not accrue during a leave of absence, except as otherwise provided in Article 32 .4.

7. An employee's request for leave of absence of a maximum of one (1) year for education upgrading will be given full consideration. Such request must be in writing with, at least, three (3) months' notice to the Company. Leaves will not be unreasonably withheld and a copy of such notice will be given to the Union.

ARTICLE 12 - PREGNANCY AND PARENTAL LEAVE

The Company agrees to grant leaves for pregnancy and parental leave (including adoption) under the same terms and conditions provided for in the Employment Standards Act of Ontario.

ARTICLE 13 - PUBLIC OFFICE LEAVE OF ABSENCE

An employee with seniority, elected or appointed to an essentially full-time Federal, Provincial, or Local public office, may make written application for a leave of absence for the period of his first term of active service in such public office. If such leave is granted, additional leaves of absence for service in such office may be granted at the option of Management upon written application by the employee.


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Any employee granted such leave of absence shall be entitled to reinstatement at the then current rate of pay, to such work as he may be entitled on the basis of the seniority provisions of this Agreement. Seniority rights will continue to accumulate during the period of such leave of absence.

ARTICLE 14 - SHIFT PREMIUM

An employee shall receive a shift premium payment of five percent {5%) (B Shift), or ten percent (10%) {Night Shift), plus an additional twenty-five percent {25%) for working Sundays for each full or partial shift worked. Applicable shift premium payments will be made on the basis of base rate and overtime premium except for Sunday. All hours worked on Sunday day shift is at twenty-five percent (25%) shift premium and all hours worked on Sunday night shift is at twenty-five percent (25%) plus ten percent (10%) shift premium.

A Shift B Shift C Shift:

Weekdays: Weekdays: Friday: Saturday: Sunday:

6am -4pm 4pm-2am 6am-7pm 6am-7pm 6am-8pm

Night Shift: Any shift or part thereof started between 8pm and 2am will receive 10% premium. Any shift extension past 2am will receive 10% premium. Any shift extension starting before 6am will receive 10% premium.

ARTICLE 15- REPORTING IN PAV

An employee reporting for work on his/her regularly scheduled shift who has not been properly notified not to report will receive a minimum of four (4) hours pay in lieu at the applicable rate or at least four (4) hours employment at his/her regular rate.

ARTICLE 16- EMERGENCY CALL- BACK PAY

An employee called back to work after leaving the premises following the completion of his/her regular shift, and "on-call" employees responding to off-shift emergencies, shall receive a minimum of four (4) hours pay based on their regular hourly rate. If the call back or on-call response occurs less than four (4) hours prior to the start of the employees scheduled shift, the overtime will be considered a shift extension and no minimum pay requirement will apply.

ARTICLE 17-JURV DUTY

The Company will make up the difference between the amount of money per day the employee would rece ive while serving as a member of a jury to an amount equal to the normal straight-time pay for which the employee would have been eligible to receive for working that day. Payment will be made upon provision of appropriate documentation.


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ARTICLE 18- BEREAVEMENT LEAVE

1. The purpose of bereavement leave is to reimburse full time active employees for wage loss in the event of a death in the immediate family, or in the current spouse's immediate family.

2. An employee will be reimbursed for a period of up to twenty-four (24) hours or thirty-two hours (32) for successive days on which the employee would otherwise have worked, for a death in the employee's immediate family and the current spouse's immediate family, respectively, as described in 19.4.

3. Such reimbursement will be paid at the employee's regular straight time rate for a period not exceeding 8 hours per day and limited to absences occurring when he otherwise would have worked . An employee will not receive bereavement leave pay when it duplicates pay received for time not worked for any other reason .

4. 32 hours: Current spouse, child, stepchild, parent, stepparent, sister, brother, stepsister, stepbrother.

24 hours: Grandparents, grandchildren, brother-in-law, sister-in-law; and current spouse's parents, stepparents and grandparents.

ARTICLE 19 - BULLETIN BOARDS

The Union will have the use of a bulletin board in the plant for posting of official Union notices. Such bulletin board to be supplied by the Company. Official Union notices will include notices of Union recreational and social events, notices of Union elections and election results, notice of Union meetings, legislative bulletins and notices generally of health and safety matters that are educational and informational and approved by the Union Health and Safety Representative and the Company. The bulletin board will not be used for advertising, propaganda or political matters. Outdated material will be removed by the Union on a monthly basis.

ARTICLE 20 - PAY DAY

1. Employees will be paid bi-weekly by direct deposit to their bank accounts.

2. Payroll shortages will be made up in the same week by manual cheque ifthe shortage exceeds six (6) hours' pay. Lesser shortages will be made up in the following pay.

3. Employees will be notified of any overpayment, and arrangements will be made to recover the overpayment in a manner that will not cause unreasonable hardship for the employee. Overpayments will be collected from premium paid hours. Recovery of overpayments will be limited those overpayments which are identified within 30 days following the close of the Fiscal Quarter in which the overpayment was made.


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ARTICLE 21 - COPY OF AGREEMENT

1. The Company will provide a copy of the Collective Agreement to all employees on electronic media.

2. The Company shall also supply and post a Master document that outlines all benefits provided by the Company such as insurance, vision care, dental plan, etc.

ARTICLE 22 - STRIKES AND LOCKOUTS

The Company and the Union agree to abide by the Ontario Labour Relation Act with respect to strikes and lockouts. The Union will issue passes to the employees in order for them to perform their assignments during a work stoppage, should one occur.

ARTICLE 23 - CLASSIFICATION AND WAGES

1. The Company will pay employees according to the wage and classification structure which shall be written into the Collective Agreement and form a part of the Collective Agreement.

2. The foregoing statement does not preclude the payment of individual payments to individual

employees for outstanding achievements/suggestions and the like .

3. Effective June 1, 2017, the hourly base wage rate for the Wastewater Treatment Plant Operator will increase from $35.17 to $35.45. The current COLA float of $0.33 will be increased to the posted rate of $0.59 and will be retroactively paid June 6, 2016.

4. Any changes to wages, benefits and cost of living negotiated by Unifor into the patterned agreement with GM, will be passed onto the agreement with the company at GM Oshawa -WWTP.

5. A new employee or a part time employee converting to full time, on or after the ratification date of this agreement, shall be hired and grow into wages as follows:

Years completed % of Top Wage Rate 0 60 l 62 2 64 3 67 4 70 5 73 6 77 7 82 8 87 9 93 10 100


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New full-time hires shall receive full health benefits, overtime premiums, and statutory holidays (same as existing employees), as specified in the collective agreement. All existing employees will be eligible for bonuses during the term of this contract. Shift premiums will be paid at $0.50 for afternoons and $1.00 for midnights until after year 10 (when existing premiums will apply) . COLA is paid after the wage reaches the full prevailing base rate.

It is agreed there will be a one percent (1%) base wage rate increase on June 1, 2019 and a one percent (1%) base wage rate increase on June 1, 2020. COLA of $0.59 will be frozen until June l , 2020.

6. Students will be paid 50% of the base rate and will be eligible for shift premiums, same as per article 23, paragraph 5. Base rate does not include COLA. At the time of ratification, any existing students will be grandfathered into shift premiums as per Article 14.

7. In case of a layoff (defined as less than 50% of regular base pay in one week), the Company will pay employees who have reached full base wage rate, the following:

Week 1 Week 2 Week 3- Week 19

$0.00 $575.00 $225.00

Payments will be included in the first pay period upon the resumption of work or bi-weekly during layoff, at the employee's request.

8. In case of sickness or other unexpected absences from work, employees will call into the Supervisor on his cell phone. If the supervisor cannot be reached, he will leave a message and then contact the operator phone {905-644-4454) to leave a message.

9. Qualified operators will be allowed to arrange shift changes for their convenience or personal reasons provided that such changes do not cause disruption to the plant operations or production schedule- The Plant Manager will be notified in advance of the change and the parties agree that the Company will not incur overtime or any other additional costs associated with allowing the shift changes.

10. On-call operators will be provided devices supplied by GM and must adhere to the rules set out for such coverage as defined in the memo dated April 6, 2009. On call operators will be paid at a rate of $5 .00/hour.

11. Each employee will receive a lump sum bonus of $1,500.00. Once in December 2017, once in December 2018, once in December 2019, once in December 2020.

ARTICLE 24- HOURS OF WORK AND OVERTIME

1. The parties agree that the Company has the right to alter schedules to reflect changes in General Motor's production and maintenance schedules. This includes, but is not limited to, summer and Christmas shutdown periods. The Company reserves the right to amend the starting times for selected employees to ensure proper operations and maintenance is

2017-2021 Collective Agreement between Abednego Environmental Canada Ltd and Uniter and its Local 222 1 O

performed. The Company will take employee input into consideration prior to making schedule changes. During layoff periods, 9_ 1 (a) will apply.

2. Overtime on Sundays will be double time, all other days will be at time and one half.

3. Overtime Distribution : Employees will be offered equal opportunity to work overtime.

Overtime Equalization Program- The overtime equalization program (OEP) is designed to provide all operators with an equal opportun ity to work overtime. The Overtime Equalization Program List (OEPL) will be updated weekly on the Plant Manager's first regular workday of the week. It is the responsibility of the Plant Manager to insure that the list is updated accurately.

Call-in Procedure: Once the Plant Manager is aware of the need for overtime, he will make it a priority to call operators as soon as possible. Operators will be called in according to the OEPL In

the event that an operator does not answer the phone, a message will be left, if possible. The first operator to respond indicating his availability to do the work required will be asked to work.

Call-in Start Time: operators will be given up to 1.5 hours to start their shift after accepting the work.

Refusal of Overtime in Emergency Situations: In the event that all of the operators refuse the overtime or do not respond in the allotted time, at the discretion of the Plant Manager, the least senior operator available will be assigned to report to work. An emergency is defined as any situation which has the potential to cause damage to property, people or environment.

Overtime by Extending Shifts: If less than four hours of overtime is required, the overtime may be made up by extending one of the existing working operator's shift who is available to work, and has the lowest number of hours on the OEPL of those working. If the site manager is aware there is more than four hours of overtime, the OEPL will be used to call in the appropriate operator.

Overtime Averaging Due to Lost Time: In the event an operator has missed 20 (twenty) or more

working days, the OEPL will be adjusted as follows: upon returning to work the accumulated overtime for the operator involved would be the average of all the operators in the group (including the operator involved).

Understanding: This policy is being implemented by the Company to clarify how the Company intends to equalize overtime as per 25.3 of the Collective Bargaining Agreement. The Company reserves the right to alter this policy as needed by the demands of the business.

4. Emergencies: The Company must be able to promptly respond to emergencies. Therefore, the following terms are necessary to ensure that required overtime is adequately staffed:

a) Overtime will be voluntary, except in the following cases-1 Emergency spill response 2 Other emergency situations


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b) In the event of insufficient numbers of volunteer, the junior qualified employee(s) by classification will be assigned.

5. Rest Periods:

a) During an eight hour shift, operators will be paid for a total of 40 minutes of break time. During a ten hour shift, operators will be paid for 50 minutes of break time. 65 minutes of break time for a thirteen hour shift and 70 minutes of break time for a fourteen hour shift.

b) In the event there is a need to revise the lunch and rest period times, the Company will discuss the required provisions with the Workplace Representative as far in advance as practicable of any such change.

c) The Employment Standards Act (2000) w ill continue to apply to all employees, unless changes to this act provide a greater benefit.

d) Copies of all company policies that apply to the CBA will be available at the workplace. New company policies that apply to the CBA will be made available, as they become effective.

ARTICLE 25 - UNION REPRESENTATION

1. The Company shall recognize a Workplace Representative and an alternate who will function in the of the regular Workplace Representative.

2. The Union shall advise the Company of any change in the Workplace Representative.

3. The Workplace Representative may request relief in advance from assigned regular duties to investigate a grievance arising from this Agreement without deductions of regular wages. Such permission shall not be unreasonable withheld . The right is granted on the following conditions:

(a) The time shall be devoted to the prompt handling of the grievance;

(b) The time away shall be reported in accordance with normal timekeeping methods;

(c) The Company reserves the right to limit such time if it is deems the time so taken to be excessive;

4. The parties agree to meet at least once every (2) months during the term of this Agreement to discuss issues relating to the workplace which affect the parties or any employee bound by this Agreement.

5. The Company shall recognize a workplace representative and an alternate who will participate on the bargaining committee and will be paid for spent time on CBA negotiations.

ARTICLE 26 - WORK BY SUPERVISORS

Excluded employees will not replace employees covered by this Agreement except for purpose of instruction, experimenting (but, whenever possible, to be done in conjunction


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with a bargaining unit employee already on-shift - overtime will not be offered for experimentation by supervisors), Safety or Environmental reasons or when regular employees are not available. Employees "not available" means all bargaining employees have been exhausted by call-in.

ARTICLE 27 - EMPLOYEE UPGRADING PROGRAM

The Company endorses the concept of promotion from within and appropriate training to bring about that result.

ARTICLE 28 - NEW EMPLOYEE ORIENTATION

The Company agrees that the Workplace Representative will be given an opportunity to interview each new employee within regular hours, without loss of pay, for thirty (30) minutes some time during the first thirty (30) days of employment for the purpose of acquainting the new employee with the benefits and duties of Union membership and the employees' responsibilities to the Company and t anion . A copy of all information provided by the employee will be concurrently provided to the Company.

ARTICLE 29- ADMINISTRATION OF DISCIPLINE

1. When an employee is called to an interview by a member of supervision, and the subject of the interview is discipline, the employee will be so informed before the interview and will be advised of entitlement to Union Representation before the interview. The interview will not proceed without a Workplace Representative present, should the employee elect representation.

2. No written, disciplinary action shall remain against an employee's record for a period longer than twelve (12) months.

3. Discipline is defined as a written warning to an employee. A copy must be given to the Workplace Representative.

4. Discipline of employees shall only be for just cause.

5. Progressive discipline will be utilized when appropriate.

6. Just cause for discharge shall include falsification of records or a fragrant violation of operating practices, and for other reasons included in the Company Disciplinary Procedure.

ARTICLE 30- HEALTH AND SAFETY

1. The parties are committed to work place health and safety and will make adequate provisions for the safety and health of all employees during hours of employment.


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2. The Company shall institute and maintain all necessary precautions to provide every employee a sate healthful work place in which exposure to hazards is minimized.

3. The Company will comply with the Ontario Occupational Health and Safety Act in effect at the given time and the Plant Manager will have appropriate health and safety training.

4. The Company will arrange first aid training and CPR training for all employees, including any new employees. Adequate first aid supplies and equipment will be maintained in locations reasonable accessible to employees during the normal course of their work.

5. The Company shall provide, through Company-authorized vendors: safety glasses (bifocal as required); safety helmets; and coveralls and maintenance of the same. Employees shall be properly dressed in uniforms and safety shoes at all time. All uniforms to remain property of the Company. Uniforms are to be worn only during the employee's working hours. If uniforms are damaged due to neglect or abuse, the employee may be required to reimburse the Company for the cost of replacement.

6. Uniforms to be returned upon termination/resignation.

7. The Company shall furnish foul weather gear on an as needed basis.

8. The Company agrees to reimburse employees for up to $200.00 toward purchase of safety boots. The employees must supply proof of purchase in the form of a receipt. All boots must have steel toes, be CSA approved and suitable for the conditions in which the employee is required to work. Boots will be replaced as approved by the Company.

9. The Company and Union will establish a Safety Committee to review conditions, training needs and to recommend priorities for safety. The Union Safety Representative will be a member of this Committee and meetings will take place monthly.

10. The Company will provide certified training of the Union Health and safety Representative at the Company's expense. Training will include WSIB recognized certification Parts 1 & 2.

11. The Unifor National Health and Safety Representative may periodically inspect the work place after first notifying the Company to enable the Company's corporate health and safety specialist to accompany the Unifor National Health and Safety Representative.

12. The Company agrees to continue to supply necessary tools and equipment to ensure that a proper job is performed.

ARTICLE 31-VACATIONS

1. Annual vacation with pay shall be accrued in accordance with the employee's length of service.

2. After six months of continuous service, a new employee may schedule and take up to five days of vacation . After twelve months, the employee may schedule and take the remaining

2017-2021 Collective Agreement between Abednego Environmental Canada ltd and Unifor and its Local 222 14

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accrued vacation days. All permanent full time employees accrue paid vacation time as follows:

Years of Service Vacation Accrual

0 but less than 3 years 2 weeks 3 but less than 5 years 3 weeks

5 but less than 12 years 4 weeks 12 but less than 21 years 5 weeks 21 years or more 6 weeks

3. The distribution of vacation pay of ten days or more shall be paid in advance of the start of the vacation, if requested on the form provided by the Company prior to the period's payroll cut-off.

The Employee vacation year will be the same as the calendar year. On January 1 st of each year, the employee will be awarded the number of weeks from the chart above for vacation time which will be accrued during the coming year. Each employee will be allowed to carry over a maximum one (1) week of vacation time from one year to the next. Any vacation entitlement in excess of the pre-approved one (1) week carryover at the end of the year will be lost.

4. All permanent employees are required to use 80% of all accrued vacation time, banked holidays or floater days during periods of student coverage.

ARTICLE 32 - HOLIDAY PAY PLAN

1. The Company will recognize the same number of public holidays as outlined by the Ontario Ministry of Labour.

2. An employee who has completed ninety (90) days of employment on or before the date of a Paid Holiday shall receive eight (8) hours holiday allowance at the employee's regular rate of pay for such holiday providing the employee works the regularly scheduled work days immediately preceding and following the holiday.

3. An employee absent with reasonable excuse on the qualifying day(s) will receive the Holiday Allowance. Reasonable excuse will include, but is not limited to, bereavement, jury duty, court subpoena, scheduled vacation, Union business leave, work-related illness, personal illness with a physician's note, and approved days off.

4. An employees whose regularly scheduled shift falls on a paid holiday will receive the Holiday Allowance plus two times pay at a regular rate for all hours worked on the holiday.

5. Employees working on holidays will be paid as follows: a. Double time plus holiday pay; or b. Straight time plus holiday pay and day off with pay on mutually agreeable day.


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6. Employees who are laid off the week prior to, or returning to work from a layoff during the week following a holiday will be paid for those holidays.

7. The first day of each calendar year, all full t ime employees will receive three (3) floater days that will be taken on days mutually agreed to by the Company and the employee. Employees must use all accrued floater days by the end of the calendar year.

B. An employee whose regular schedule shift falls on a paid holiday, but is not scheduled to work, will be paid holiday pay based on the holiday shift hours (10, 13, 14 hours) .

ARTICLE: 33- BENEFITS

1. Effective January 1, 2010, a benefit plan co-payment will come into effect which will require all employees to pay $13.85 each two-week pay period . This will be paid by way of a payroll deduction ..

2. The Company will arrange for and pay the cost of the group insurance coverage summarized below and set out in more detail in the Master Benefit Document provided to employees ..

The Company may substitute comparable insurance. Eligibility for coverage will be based upon the terms and conditions of the plans.

Life Insurance - 200% of earnings up to a maximum of $250,000.00

Accidental Death and Dismemberment - 200% of earnings up to a maximum of $250,000.00

Extended Health Care Insurance -Hospital -Drug plan -Vision care ($500 every 2 years) -Eye exams-company pay for one exam every two years, up to $85.00

Travel Emergency Assistance Benefit

Dental Insurance -maximum of $2,500.0 per year.

Short Term Disability -up to twenty-six (26) weeks: -Sixty-six & two-thirds percent (662/3) of base salary -Short-term disability will be paid starting the first (151

) day for accident or hospitalization and will have a one week waiting period for illness.

The company will provide to make advanced payments to the employee while a WSIB claim is pending. See Letter of Understanding #2.

Long Term Disability -after the completion of twenty-six (26) weeks: -Fifty percent (50%) of base salary to a maximum of $2,000 per month.


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The Company will provide in the form of matched contributions to the employees' Registered Retirement Savings Plan (RRSP). The Employer will contribute to the Plan an amount equal to the amount contributed by the Employee subject to Government regulations. The employee must contribute to the RRSP a minimum of 1%. The employer will match a 100% of the employee contribution up to a maximum of 8%.

ARTICLE 34- SUBSTANCE ABUSE

Substance abuse is recognized to be a serious medical and social problem that can affect employees. The Company and the Union have strong interest in encouraging early treatment and assisting employees towards full rehabilitation.

The Company will continue to provide a comprehensive approach towards dealing with substance abuse and its related problems. Company assistance will include referral of employees to appropriate counselling services or treatment and rehabilitation facilities.

The Company will provide all normal group insurance benefits while under a medically prescribed course of treatment.

ARTICLE 35 -TERMINATION

This agreement shall be effective from the 1st day of June 2017 to the 31st day of May 2021. Either party shall be entitled to give notice in writing to the other party as provided in the Labour Relations act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time with a period of 90 days before the expiry date of the agreement. Following such notice to bargain the parties shall meet within 15 days of the notice or within such further period as the parties mutually agreed upon. It is agreed that during the course of bargaining it shall be open to the parties to agree in writing to extend this agreement beyond the expiry date of the 31st day of May 2021, for any stated period acceptable to the parties and in accordance with the Labour Relations Act.

ARTICLE 36 - SIGNING BONUS

There will be a $3000.00 signing bonus upon ratification of this agreement


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Dated in C:S- /,q /A.-J ~ this ?o day of_ &r ,2017

Abednego Environmental Canada Ltd 27175 Haggerty Rd, Suite 125 Novi, MI 48377

U nifor and its Local 222 1425 Phillip Murray Ave. Oshawa, ON LlJ 8L4

2017-2021 Collective Agreement between Abednego Environmental Canada Ltd and Unifor and its Local 222 . 18

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Letter of Understanding # 1

May 30, 2017

The company agrees that during the upcoming production downtime between July 2017 and December 201 7, the afternoon shift, regardless of start time will include a 5% shift premium.

The day shift will begin between 6am and 7am according to operator preference. The afternoon premium shift will follow a day shift.

On days when only 1 shift is scheduled, that shift will be a day shift.

Signatures:

s~~~--

· ~ Sean Smam:~

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. Letter of Understanding #2

May 30, 2017

Should a WSIB claim be pending for more than 2 weeks due to administrative delays or the appealing of a denied claim, the employee may request an advance on benefit ,payments that will not exceed the amount that would be covered by short term I long term disability insurances. It is understood and agreed that the full amount of such advances would be paid back to the company upon the first payment of the claim from either WSIB or the disability carrier. Should the first payment not include all retroactive benefits, a payment plan will be arranged that is in keeping with the rate of payments from the carrier. If neither claim is approved, the employee will repay the full amount through payroll deductions. As a condition of receiving the advance payments, the employee will be required to sign a written authorization directing repayment of the advance payments to the Company directly from the benefit carrier or WSIB (as the case may be) and/or authorizing the company to make reasonable deductions from the employee's regular pay until the advance payments are repaid to the Company in the event that the STD/LTD or WSIB claim is not approved Signatures: . .

Mitch Marszal

SeatrSmalls 7

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