1
Final 4/10/16
BETWEEN:
Harsco Metals Canada For the
Plant 66 - Whitby Site (the “Company”)
- and -
UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND
SERVICE WORKERS INTERNATIONAL UNION on behalf of LOCAL 2784
(the “Union”)
January 15, 2016 – January 14, 2021
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TABLE OF CONTENTS
SECTION PAGE
SECTION 1 – PURPOSE OF AGREEMENT 2
SECTION 2 – RECOGNITION 2
SECTION 3 - MANAGEMENT 2
SECTION 4 – NON-DISCRIMINATION 3
SECTION 5 – UNION SECURITY, DUES AND HUMANITARIAN FUND 3
SECTION 6 – BARGAINING UNIT WORK 5
SECTION 7 – ADJUSTMENT OF GRIEVANCES 5
SECTION 8 - ARBITRATION 7
SECTION 9 - HOURS OF WORK AND OVERTIME 8
SECTION 10 - TWELVE HOUR SHIFTS 9
SECTION 11 -REPORTING PAY 11
SECTION 12 -SUNDAY PREMIUM 12
SECTION 13-SENIORITY 12
SECTION 14 -TEMPORARY VACANCIES 13
SECTION 15 -JOB BIDDING 13
SECTION 16 - LEAVE OF ABSENCE 15
SECTION 17- VACATIONS 16
SECTION 18 - SAFETY 17
SECTION 19 - WAGES 18
SECTION 20 - SHIFT DIFFERENTIAL 21
SECTION 21 - HOLIDAYS 22
SECTION 22 -FUNERAL LEAVE 22
SECTION 23 -JURY SERVICE 23
SECTION 24- GROUP INSURANCE 25
SECTION 25 - GROUP RRSP 25
SECTION 26 - BULLETIN BOARDS 25
SECTION 27 - NO STRIKES - NO LOCKOUTS 26
SECTION 28 - PROCEDURE FOR REPORTING 26
SECTION 30 - GENERAL PROVISIONS 26
SECTION 31 - TERM OF AGREEMENT 27
EXHIBIT A - TOOL ALLOWANCE 28
LETTERS OF UNDERSTANDING 29
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SECTION 1 - PURPOSE OF AGREEMENT
The purpose of this Agreement is to determine for each of the parties hereto the
rates of pay, hours of work and working conditions, to establish an equitable method of
settling grievances or disputes that is fair, and to maintain harmonious relations between
the Company and the employees who are covered by the provisions of this Agreement.
1.01
SECTION 2 – RECOGNITION
The Company recognizes the Union as the sole collective bargaining
representative for all employees of Harsco Metals Canada located at its plant at
Whitby, Ontario, save and except supervisors, persons above the rank of supervisor,
office and sales staff.
2.01
The term “employee” and “employees” as used in this Agreement shall mean
respectively each employee and all employees of Harsco Metals Canada for whom the
Union is recognized in accordance with paragraph 2.01 and the preamble above.
2.02
The Company may employ students between May 1 and September 1, and
during scheduled school reading weeks but no longer than for one (1) week period
during each semester on an as needed basis, to assist them in gaining work experience.
These students will pay Union dues and shall come within the scope of this Agreement,
except that Section 24 (Group Insurance) and Section 25 (Group Registered Retirement
Savings Plan) shall not apply to the students nor shall students be permitted to bid for
any vacancy. These students shall not work in excess of forty (40) hours in a week, be
employed to fill permanent vacancies other than vacation relief, or cause the lay-off or to
prevent the recall of bargaining unit employees employed by Harsco Metals Canada at
Plant 66 as of the signing of this Agreement. For purposes of clarity, this Agreement
does not restrict the Company’s ability to hire students to perform non-bargaining unit
work. Further, the Company may sponsor research or testing involving students.
Employees covered by this Agreement will have preference to have their children hired
as students.
2.03
SECTION 3 – MANAGEMENT Subject to the provisions of this Agreement, the Union recognizes that it is the
function and the right of the Company to manage the affairs of its business and to direct
the workforce. Without limiting the generality of the foregoing, the functions of
Management include: the right to direct, plan and control or cease operations; to
3.01
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establish standards of quality and to introduce new or improved methods, processes or
facilities, to hire, promote, demote, transfer and lay-off, to establish and publish
reasonable rules and regulations, to discharge, suspend or otherwise discipline for just
cause, to establish the hours of work and number of shifts.
SECTION 4 - NON DISCRIMINATION
The Company and the Union agree to abide by the applicable statutes of the
Province of Ontario including, but not limited to, the Human Rights Code, the
Occupational Health and Safety Act, the Labour Relations Act, the Employment
Standards Act, and any other applicable legislation, all as amended from time to time.
4.01
The Company and the Union agree that there will be no discrimination towards
an employee because of his membership in the Union or for his Union activities.
4.02
SECTION 5 - UNION SECURITY, DUES AND HUMANITARIAN FUND
As a condition of employment or of continuing to be employed, the parties agree
that the Company shall deduct from the pay of each member of the bargaining unit, each
pay day, such Union dues, fees and assessments as prescribed by the Constitution and
By-Laws of the Union. It also agrees that all employees in the bargaining unit shall
become and remain members of the Union as a condition of their continued
employment.
5.01
The Company shall deduct Union dues including, where applicable, initiation
fees and assessments, on a weekly basis, from the total earnings of each employee
covered by this agreement. The amount of dues shall be calculated in accordance with
the Union’s Constitution.
5.02
All dues, initiation fees and assessments shall be remitted to the Union forthwith
and in any event no later than 15 days following the last day of the month in which the
remittance was deducted. The remittance shall be sent to the International Secretary
Treasurer of the United Steelworkers of America, AFL-CIO-CLC, P.O. Box 13083 Postal
Station ‘A’, Toronto Ontario M5W 1V7 in such form as shall be directed by the
International Union to the Company along with a completed Dues Remittance Form R-
115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office
designated by the Area Coordinator.
5.03
The remittance and the R-115 form shall be accompanied by a statement
containing the following information:
a). A list of the names, addresses and phone numbers of all
5.04
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employees from whom dues were deducted and the amount of dues
deducted;
b). A list of the names, addresses and phone numbers of all
employees from whom no deductions have been made and
reasons;
c) This information shall be sent to both Union addresses identified
in article 5.02 in such form as shall directed by the Union to the
Company.
The Union shall indemnify and save the Company harmless against all claims or
other forms of liability that may arise out of any actions taken by the Company in
compliance with this article.
5.05
The Company, when preparing T-4 slips for the employees, will enter the amount
of Union dues paid to the employee during the previous year
5.05
If the Union wishes the Company to suspend or terminate the employment of a
bargaining unit employee who fails to become or remain a member of the Union in good
standing, it must make its demand to the Company in writing before the Company is
required to take any action. The Union shall indemnify the Company for any termination
pay or severance pay that the Company is required to pay to an employee terminated
pursuant to such a demand. Termination pursuant to this Section shall be considered to
be for just cause.
5.06
HUMANITARIAN FUND
The Company agrees to deduct on a weekly basis the amount of not less than one cent
($.01) per hour from the wages of all employees in the Bargaining Unit for all hours
worked and, prior to the 15th of the month following, to pay the amount deducted to the
“Humanitarian Fund” and to forward such payment to the United Steelworkers of
America at the address listed below. The Company will advise in writing both the
Humanitarian Fund at the aforementioned address and the Local Union that such
payment has been made, the amount of such payment and the names of all employees
in the bargaining unit on whose behalf such payment has been made. All employee
deductions are voluntary and may be canceled upon request.
5.07
Such deductions will be remitted prior to the 15th day of the month following to
the Treasurer of the International Union, United Steelworkers of America, P.O. Box
13083, Postal Station “A”, Toronto, Ontario M5W 1W accompanied by a list of the
names of the employees from whom deductions are made on Form R-I 15. Total annual
deductions will be included on employee 1-4 slips for income tax filing.
5.08
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The Union undertakes to indemnify the Company and hold it harmless against any
claim which may be made against it as a result of the application of this Section.
5.09
SECTION 6 – BARGAINING UNIT WORK
It is understood that, except for training or circumstances beyond the Company’s
control, and then only until a bargaining unit employee reports from a call in, no
bargaining unit work on its premises will be performed by Company supervision or
clerical help.
6.01
The Company will not contract out production work normally performed by our
employees. Before any work our employees are capable of performing is contract out,
the Company will have meaningful discussions with the Union, except where emergency
situations arise and a meeting cannot be arranged.
6.02
SECTION 7 – ADJUSTMENT OF GRIEVANCES
The Company will recognize a Plant Chairperson and Steward, who shall also be
the Grievance Committee and Negotiating Committee and Safety Representative
appointed by the Union from among the employees of the Company. The Plant
Superintendent for the Company will provide a reasonable opportunity for the Union
grievance representative to conduct Union business related to the administration of this
Collective Agreement during normal working hours, reasonable production
requirements permitting. The Union grievance representative shall not interfere with the
performance of an employee’s regular duties unless so authorized by the Plant
Superintendent. Such permission shall not be unreasonably withheld. The Company
will pay such employees for time spent in meetings related to Union business during
their regular hours of work except that this will not apply to time spent in any arbitration
proceedings. Such payment will be at the employee’s regular hourly rate.
7.01
(a) It is the mutual desire of the parties that any complaint or cause for
dissatisfaction arising between an employee and the Company, or the
Company and the Union, concerning the application, interpretation or
alleged violation of this Agreement shall be adjusted as quickly as
possible.
7.02
(b) An employee has no grievance until he, either directly or through the
Union, has first given his immediate Supervisor an opportunity to adjust
his complaint.
(c) If an employee’s complaint has not been settled within two (2) working
days after it has been lodged with his Supervisor, then the following steps
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of the grievance procedure may be invoked:
Step One: The grievance shall be submitted in writing to Site Superintendent,
either by the employee directly or through the Union. The Superintendent
will meet with the employee’s Union Steward within five (5) working days
of receiving the grievance in an attempt to resolve the grievance. The
griever may be present at this meeting if requested by either party. The
Superintendent shall give his answer to the grievance on the grievance
form and return it to the Union meeting within five (5) working days of the
meeting.
Step Two: If the grievance remains unsettled at the conclusion of Step One, or if
the Company fails to meet the time limits set out in it, the grievance may
be submitted to the Human Resources Manager. Within five (5) working
days of receiving the grievance, the Human Resources Manager will set
up a meeting at a mutually agreeable time with the Union Grievance
Committee to attempt to resolve the grievance. The griever and/or the
Union Representative may be present at this meeting if requested by
either party. The Human Resources Manager shall give his decision in
writing to the Union within five (5) working days of this meeting.
The Company has the right to use the grievance procedure and when it
exercises this right it shall start at Step Two of the procedure. Employees disciplined
either by suspension or termination shall also have the right to file a grievance at Step
Two of the procedure.
7.03
The time limits mentioned in this Section 7 are to be strictly adhered to and will not
be extended without the mutual consent of the parties or, where circumstances warrant,
by an arbitrator.
7.04
If a satisfactory settlement of the grievance has not been reached after following
the procedure laid down in paragraph 7.02, either of the parties may refer the grievance
to arbitration in accordance with Section 8 within thirty (30) calendar days following the
decision rendered at Step Two.
7.05
An employee who is transferred to a position with the Company outside the
bargaining unit shall have a period of up to three (3) months to determine, if he wishes to
remain outside the bargaining unit. If a member decides to return to the bargaining unit
on or before the three (3) month period he shall continue accumulating seniority rights
during the trial period. He will also return to the position he held prior to leaving the
bargaining unit. It is also understood, that if after the three (3) month period the person
decides not to return to the bargaining unit all accumulated seniority will be lost.
7.06
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When an employee is to be disciplined, such discipline shall be issued in the
presence of a Union Representative unless the safety of any employee is at risk by
virtue of the employee not leaving the workplace immediately. The Union Steward as
well as the disciplined employee will receive a copy of the discipline within twenty-four
(24) hours of the issuance of the discipline.
7.07
When an employee has completed eighteen (18) consecutive months without
discipline, prior discipline will not be used in accessing further discipline.
7.08
SECTION 8 – ARBITRATION
In the event that the last step of grievance procedure should fail to effect
satisfactory settlement, the grievance shall be submitted to an impartial arbitrator.
8.01
The arbitrator shall be selected by mutual agreement between the Company and
the Union, but if they are unable to agree, the Minister of Labour shall be authorized by
the Company or the Union to select one.
8.02
Both parties agree to use their best efforts to encourage the arbitrator to proceed
to a hearing of the grievance as expeditiously as possible and to render his decision
within sixty (60) days following the hearing.
8.03
The decision of the arbitrator shall be final and binding upon the Company and
the Union and all employees concerned therein.
8.04
The arbitrator will have jurisdiction and authority to interpret and apply the
provisions of this Agreement and to render a decision on the grievance. The arbitrator
shall not be authorized to make any decision inconsistent with the provisions of this
Agreement, nor to alter, modify or amend any part of this Agreement. If it is determined
or agreed at any stage of the grievance procedure or decided by an arbitrator that an
employee has been subjected to disciplinary measures or has been discharged unjustly
or unreasonably, then the arbitrator may modify or annul the discipline or discharge.
8.05
The Company and the Union will share equally the fees and expenses of the
arbitrator.
8.06
In a mutual effort to expedite the processing of grievances, it is understood that
except for computational errors in pay, the limit of Company liability for economic
redress in the grievance procedure and in the arbitration procedure shall be from the
date the grievance is settled, in any step, back to not more than thirty (30) days from the
date the grievance was filed.
8.07
The parties upon mutual agreement will make use of a grievance settlement
officer while awaiting arbitration.
8.08
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SECTION 9 – HOURS OF WORK AND OVERTIME
This section provides the basis for the calculation of any payments for overtime
and for establishing work schedules, but shall not be read or construed as a guarantee
of hours per day week, or a guarantee of days of work per week.
9.01
The workday shall be the twenty-four (24) hour period beginning with the time the
employee commences work and the workweek shall be the seven (7) day period
beginning on Monday 5:30 a.m.
9.02
The daily starting and quitting times will be determined by the Company. To the
greatest degree possible, not scheduled days will be consecutive
9.03
Schedules of work for each calendar week shall be posted by 2 p.m.
Wednesday of the preceding week and the work schedule will be time stamped by the
time clock at the time of posting. Schedules may be changed by the Company at
anytime; provided, however that any changes made after 2:00 p.m. Wednesday of the
week preceding the calendar week in which the changes are to be effective, shall be
explained at the earliest practicable time prior to the change of schedules to the
employees affected. Once the schedule is posted employees will be paid overtime if
changes result in a requirement to work their days off.
When there’s a deviation from the employee’s normal schedule the Company will check
with the employee prior to scheduling.
9.04
Employees will be permitted to take a ten (10) minute paid morning break
and a twenty-five (25) minute paid lunch break during the middle four (4) hours of the
shift. It is understood that the granting and scheduling of time of lunch periods within the
four (4) hour period is subject to the needs of the operations.
9.05
The last ten (10) minutes of an employee’s shift shall be recognized as a wash-
up period.
9.06
OVERTIME
Overtime rates shall be paid for time worked in excess of forty (40) hours in the
workweek or over eight (8) in a twenty-four (24) hour period. The twenty four (24) hours
shall commence at the time the employee starts to work.
9.07
Where overtime provisions are met in the Sections defined above, overtime rates
of time and one-half (1½) the employee’s regular rate of pay will apply. Overtime rates
for an employee will be calculated on the employee’s base rate of pay, excluding all
other premiums.
9.08
There shall be no pyramiding or duplication of overtime or premium payments to
the extent that hours paid for at premium or overtime rates under one provision of this
9.09
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Agreement shall not be counted as hours worked for the purpose of any other provision.
Overtime work will be divided as equally as possible among employees who are
capable of performing the work that is available and for which overtime is necessary.
The employee with the lowest hours will be asked first. A qualification list will be
established and each employee must sign the list to ensure it is correct. If the Company
cannot secure enough volunteers to perform the required work, the Company may
require qualified employees on site to work overtime in reverse order of seniority. The
distribution of overtime will be reviewed quarterly. The Company will make every
reasonable effort to post an overtime list monthly and a copy will be provided to the
Union.
9.10
When an employee changes classifications because he is awarded a job bid or
exercises his seniority because of a reduction in the workforce, this employee will
assume the average number of charged hours in the new classification for the purpose
of distributing overtime.
9.11
An employee will not leave his machine or workplace until properly relieved by
supervision or his replacement for a period which will not exceed three (3) hours. Such
hours will be at the contractual premium.
9.12
SECTION 10 – TEN AND TWELVE HOUR SHIFTS
The Company and the Union have agreed to a set of terms and conditions
regarding ten and twelve-hour shift operations. These terms and conditions apply only
for employees who work ten or twelve-hour shifts. To the extent that these provisions
come into direct conflict with any other provision in this Collective Agreement, these
provisions govern. To the extent that they do not, the main body of the Collective
Agreement applies.
10.01
The terms “day” or “working day” as used in this Section shall mean a regularly
scheduled workday of ten or twelve (12) hours.
10.02
The normal workday shall ten or be twelve hours which will include two (2) fifteen
(15) minute paid breaks and a thirty (30) minute paid lunch period.
10.03
(i) Regular hours scheduled and worked in accordance with the ten (10) hour
schedule will be paid for at straight time rates. Overtime rates shall be paid for hours in
excess of ten (10) hours in the workday, or in excess of forty (40) hours in the week.
(ii) Regular hours scheduled and worked in accordance with the twelve (12) hour
schedule will be paid for at straight time rates. Overtime rates shall be paid for hours
worked in excess of twelve (12) hours in the workday, or in excess of forty-four (44)
10.04
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hours in the week.
Employees will be eligible to work overtime on their days off if doing so will not
interfere with their regularly scheduled shifts.
10.05
The shift premium shall be forty cents ($0.40) per hour for the 5:30 p.m. to 5:30
a.m. shift.
10.06
A normal, non-overtime shift that begins on a public holiday shall be considered
to fall completely within that public holiday. A normal non-overtime shift that ends but
does not begin on a public holiday shall not be considered to fall within that public
holiday. Public holidays shall be paid as follows:
10.07
(a) If an employee is scheduled to work on a shift that would be considered to
fall within a public holiday, then that employee shall receive ten (10)
hours pay (if working on a ten(10) hours schedule)or twelve (12) hours
pay (if working on a twelve (12) hour schedule) for the public holiday at
his regular rate, excluding all premiums, plus a premium of time-and-one-
half (1½) the employee’s regular rate of pay, excluding all premiums, for
all hours worked.
(b) To receive any pay for the public holiday, an employee must qualify for a
paid public holiday as provided in the main body of the Collective
Agreement.
Jury Duty: The provisions relating to jury duty are amended as follows: 10.08
(a) Night shift employees shall receive payment for the full shift, but are not
required to work the night shift that starts at 5:30 p.m. on the day
preceding their day of appearance if they are scheduled to work.
Employees so scheduled shall receive payment for the full shift but are
not required to work the night shift that starts at 5:30 p.m. on the day of
appearance if they are scheduled to work, unless they are released by the
Court before noon, in which case they shall be required to report for work
at 5:30 p.m. that evening for the night shift.
10.09
(b) Employees working on the day shift shall qualify to receive pay for jury
duty as provided in the main body of the Collective Agreement, and shall
not be required to report for work unless they are excused by the court or
tribunal at or before 12:00 p.m. If they are so excused, they must report to
work and complete the remainder of their shift.
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Call-in deadlines shall be two (2) hours or as soon as possible before the start of
a shift.
10.10
Vacation periods shall be based on the number of hours of entitlement. For
purposes of clarity in scheduling vacations, the Company will not be obligated to grant
vacation requests of less than two consecutive shifts. If an employee on twelve hour
shifts takes a full week of vacation on a week they are scheduled to work thirty six
(36) hours, the employee can elect to be paid forty (40) hours of vacation for that
week one time per vacation year provided they have enough vacation pay to cover
the request.
10.11
Sunday Premium – 10 and 12 hour shifts - A normal, non-overtime shift that
commences on a Sunday shall be considered to fall completely on Sunday. A normal,
non-overtime shift that ends on Sunday but does not begin on Sunday, shall not be
considered to fall within Sunday.
10.12
SECTION 11 -REPORTING PAY AND CALL OUT PAY
REPORTING PAY
An employee who is scheduled or notified to report and who does report for work
shall be provided with and assigned to a minimum of four (4) hours of work. In the
event, when the employee reports for work, no work is available, the employee shall be
released from duty and paid a reporting allowance of four (4) times the standard hourly
wage rate.
11.01
When an employee who starts to work is relieved from duty before working a
minimum of four (4) hours, the employee shall be paid for the hours worked at the
applicable straight or overtime rate and paid the unworked portion of the four (4) hours, if
any, at the applicable straight time hourly rate.
11.02
It is understood that the employee scheduled or notified to report may be
assigned to other work for which he may be qualified in lieu of his being released.
11.03
Hours paid but not worked shall not be considered as time worked in determining
daily, weekly or other forms of overtime.
11.04
CALL OUT PAY
An employee called for work outside their regular working hours shall be paid the
greater of:
a. four (4) hours at the appropriate overtime rate, or
11.05
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b. the appropriate overtime rate of pay for all hours worked.
The provision of (a) above shall not apply when an employee is called to work
immediately prior to the start or immediately following the end of their scheduled shift. In
all such cases the employee shall receive their appropriate overtime rate.
SECTION 12 -SUNDAY PREMIUM
During the term of this Agreement, $1.60 per hour shall be paid to an employee
for all hours worked during the twenty-four (24) hour period following the
commencement of the day shift on Sunday, providing that such hours are not payable at
overtime rates. A normal, non-overtime shift that commences on a Sunday shall
be considered to fall on a Sunday. A normal, non-overtime shift that ends on
Sunday but does not begin on Sunday shall not be considered to fall on a
Sunday
12.01
SECTION 13 – SENIORITY
Seniority is defined as the length of continuous service with the Company from
the day when the employee was last hired by Harsco Metals or permanently transferred
to the plant at which the employee is working.
13.01
In all cases of permanent openings for higher paid jobs within the bargaining unit,
layoffs or reductions in force and recall, the following factors shall be considered: (1)
Ability to perform the work and (2) Seniority. When ability is relatively equal, seniority
shall govern.
13.02
The Company agrees not to hire a person having no seniority when an employee
qualified for a job opening and who has seniority remains on layoff, except where
such employee has failed to report to work within three (3) working days after
receiving recall notice. Seniority shall be broken when and employment shall be
deemed terminated when:
13.03
1. the employee quits or retires
2. the employee is discharged for just cause
3. there is a permanent shut down of the plant.
4. the employee fails to report for work at the termination of an authorized
leave of absence unless due to circumstances beyond his control.
5. the employee fails to report for work on two (2) consecutive scheduled
days without notifying the Company within those two (2) days, unless it is
physically impossible for the employee (or someone on his behalf) to so
notify the Company.
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6. the employee fails to report within three (3) working days after being
notified to return by the Company.
7. the employee performs no work for the Company because of layoff for a
period equal to his length of continuous service. or two years, which ever
is less. Any employee recalled before two years have passed since the
date of layoff will receive full credit for past service.
8. the employee performs no work for the Company because of disability for
a period equal to his length of continuous service. or two years, which
ever is less
New employees and those hired after a break in continuous service will be
regarded as probationary employees and will receive no continuous service credit during
such probationary period. Probationary employees may be laid off or terminated as
exclusively determined by Management, but if continued in the service of the Company
subsequent to the probationary period shall receive full continuous credit from the date
of last hire. The probationary period shall be the first six hundred and twenty (620)
hours of work.
13.04
When, in the opinion of the Company, an increase in the work force is needed, it
shall recall employees from layoff who still have recall rights, and who possess the
qualifications, to perform the work in question, before any new employees are hired.
Such recall shall be in order of seniority. If there is an increase in work following a
displacement of employees due to a reduction of work, the senior displaced employee
will be the first assigned to fill a vacancy in any job as long as he possesses the
qualifications, to perform the available work.
13.05
SECTION 14 -TEMPORARY VACANCIES
A temporary vacancy is defined as one that is expected to last thirty (30) working
days or less. It shall not be subject to bidding and the Company may temporarily transfer
any employee as deemed appropriate by management. The transferred employee will
be paid the higher of the rate of the temporary position or their normal rate of pay for all
hours worked on the temporary position. If it is determined that the vacancy will last
beyond thirty (30) days, a temporary bid will be posted.
14.01
SECTION 15 -JOB BIDDING
When a vacancy (other than a temporary vacancy) develops, or is expected to
develop, the Company shall, to the greatest degree practical, post notice of such
15.01
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vacancy or expected vacancy, or job assignments for a period of three (3) working days,
in a manner, and at such places as may be appropriate at the plant. Employees who
wish to apply for said vacancy or expected vacancy may do so in writing on a form
supplied by the Company. If they are absent from work due to sickness, scheduled
vacation, jury service or witness duty while the notice is posted, interested employees
must submit to the Superintendent a written statement that they are bidding on the job.
Employees so bidding shall submit such statement within three (3) days of their first
return to work for such absence, as long as the statement is submitted within thirty (30)
calendar days of the posting and the Company has posted the vacancy in good faith.
Qualified bidder shall be considered in accordance with the provisions of this
Section. Where no employees with the proper qualifications apply for the vacancy, the
Company may fill such opening from any source.
15.02
No more than thirty-three (33) percent of the number of employees in a
classification will be allowed to down bid in a twelve (12) month period. An employee
who has been successful in obtaining a job shall be precluded from making any further
bids for a period of six (6) months after he takes on the duties of his new job.
15.03
The Company will provide the Local Union with copies of job postings. 15.04
An employee selected to fill a job under 15.01 of this section will be transferred to
his new classification as soon as practicable, taking into consideration the need for and
possible training or orientation of a replacement for any opening created by the transfer
for the successful bidder. Employees may be temporarily assigned to the job vacancy
until the successful bidder can be transferred.
15.05
An assessment period of up to thirty (30) working days will be permitted for a successful
bidder of a job posting that will commence on the day of assignment to the job for which
the employee bid. During this thirty (30) working day assessment period, management
and the Union will meet with the successful bidder to discuss his progress or lack of
progress in the job. During or at the end of the thirty (30) working day assessment
period, the successful bidder may be removed from the job if the Company can establish
that he cannot do the job or if the successful bidder advises the Company that he does
not wish to continue in the job. The Company will provide the successful bidder with a
written evaluation of his performance in the job. Jobs awarded and subsequently
vacated due to the applicant being removed from the job during or at the end of the
assessment period will be filled by the next-most senior qualified applicant from the
original job posting.
15.06
15
Following the ratification of this collective agreement, operations employees bidding on a
position in maintenance will be required to stay two (2) years before bidding out. New
Mechanics and new Welders hired externally after ratification will be prohibited from
bidding on operations positions.
The Spotter position will be upgraded to Hot Loader Operator upon ratification. The Hot
Loader Operators on shift shall rotate between digging pits and the current spotting
responsibilities. Current spotters will be given the option to accept the new role as Hot
Loader Operator and be paid as the Hot Loader Operator or they may remain Spotters
and be paid the Truck Driver rate.
SECTION 16 - LEAVE OF ABSENCE
An employee with a legitimate reason acceptable to the Company may be
granted an unpaid leave of absence of up to thirty (30) calendar days upon making a
written request to and receiving approval from Management. The employee must take all
entitled vacation before being placed on a leave of absence. The Company may extend
a leave of absence in appropriate circumstances.
16.01
A maximum of one (1) employee who has been elected or appointed by the
Union to attend Union conventions or conferences or other Union business shall be
granted a leave of absence for this purpose. The Union will notify the Company in writing
of the names of the delegates, at least twenty (20) working days prior to the start of the
leave or as soon as possible. However, if the Union provides notice of five (5) working
days or less, then permission shall depend on production requirements.
16.02
The Company will grant an employee leave of absence without pay for at the
most two (2) years in order to work as a full-time official of the Local, International Union
or for any organization to which the Union is affiliated. The leave must be requested by
an International Union Representative and extension requests to such leaves of absence
shall not be unreasonably refused by the Company. The employee shall continue to
accumulate seniority during this absence.
16.03
16
SECTION 17 – VACATIONS An employee with one or more years of service with the Company shall be
entitled to receive a vacation with pay as follows:
At January 1st each year Vacation Entitlement
At least three months but less than 1 year Pro-rated
At least 1 year but less than 5 years 2 weeks
At least 5 years but less than 11 years 3 weeks
At least 11 but less than 20 years 4 weeks
At least twenty 20 years or more 5 weeks
17.01
Vacation pay for each week of vacation entitlement shall be two percent (2%) of
the previous year’s gross earnings. For all employees, vacation pay will be paid at the
time that vacation is taken or if requested by the employee prior to January 15 each
year, paid in a lump sum. “Gross earnings” means the wages received by an employee
from the Company for the fifty-two (52) week period from January 1st to December 31st.
For purposes, of clarity, “wages” shall not include any premiums or other payments
made by the Company in respect of an insurance plan or pension plan. For purposes of
clarity, only Heckett MultiServ service counts toward an employee’s vacation entitlement.
17.02
In accordance with provincial statute, an employee whose active and continuous
service is interrupted by virtue of lay-off, certified medical leave of absence if requested,
or approved personal leave of absence, prior to his service anniversary date shall
receive a pro-rata share of his vacation time off and pay entitlement. However, it is
understood that an employee who has 1500 hours of work between his service
anniversary dates will be entitled to full vacation benefits.
17.03
The Company will post a notice January 15th of each year requesting employees
to state their vacation preferences in writing by the last day of February of that year.
Vacations shall be scheduled each year by the Company and posted not later than
March 30th and will be granted by seniority. Those booked after the last day of February
will be on a first come/first served basis. Vacations must be taken within the specified
year in one (1) or more intervals in accordance with the Superintendent’s approval.
However, no more than one (1) year’s vacation entitlement will be taken within any one
(1) calendar year. Where there is a conflict of vacation dates, plant seniority will be the
governing factor. Despite the foregoing, the number of employees allowed vacations at
any one time will be governed by the need to maintain an operational crew.
17.04
The Company may grant an employee pay in lieu of vacation time off for up to
one-half (1/2) of his earned vacation entitlement. Such pay in lieu of vacation shall be at
17.05
17
the consent of the affected employee and shall only be made available to employees
who have been laid off or are off due to illness or injury lasting longer than one (1) week.
Vacation entitlements will not carry over from one year to the next either in whole
or in part.
17.06
SECTION 18 – SAFETY
The Company and the Union are interested in the safety and well-being of all
employees and, during the term of the first Collective Agreement between them,
notwithstanding Section 4.01, agree to abide by the provisions of the Occupational Health and
Safety Act and Regulations. Employees will be issued and will be expected to acknowledge
receipt in writing of safety literature and equipment and to wear such equipment as designated
by the Company. The Union will co-operate in the encouragement of safe working habits for
its members and will appoint one member to be its official representative at safety meetings
called by the Company. Management/Union safety inspections will be carried out in
accordance with Company procedures and government statutes. An employee has the right
to refuse work that he feels is unsafe until the Company and the Union determine that the
practice is safe.
18.01
The company will provide and replace work boots for all employees subject to the
approval of the superintendent.
18.02
The Company will provide and replace prescription safety glasses fitted with side
shields to be supplied by a supplier of the company's choice subject to the approval of the
superintendent The employee must submit a copy of his prescription in order to receive
approval.
18.03
At Management’s discretion, the Company will provide one (1) parka approved by
the Company to each employee every three (3) years from date of last issue if the garment
requires replacement. Mechanic/Welders shall be eligible once per calendar year if the
garment requires replacement. In all cases, the unusable garment must be turned in to
be eligible for replacement.
18.04
In the event that an employee is injured in the performance of his duties, he shall, to
the extent that he is required to stop work and receive treatment, be paid for wages the
remainder of his shift. If it is necessary, the Company will provide or arrange for suitable
transportation for the employee to the doctor or hospital and back to the plant and/or to his
home as necessary.
18.05
Whenever a Health & Safety Inspector or a Workers’ Compensation Officer is on the
site to conduct an inspection of the workplace or an investigation of a complaint, they will be
accompanied by an in-plant Union representative and the Union shall receive copies of any
18.06
18
reports sent or given to the Company pertaining to such inspections.
SECTION 19 – WAGES The base wage changes upon ratification: $1.00 per hour increase to qualified Mechanics $1.00 per hour increase to Pit Loader Operators $2.00 per hour decrease to Labourers Five (5) year rate table:
Class DESCRIPTION 4/11/16 1/15/17 1/15/18 1/15/19 1/15/20
12 Mech-Weld with Heavy Equip Ticket 29.78 $30.23 $30.83 $31.60 $32.39
11 Mech-Weld-trk coach farm >4000 hrs 29.32 $29.76 $30.35 $31.11 $31.89
10 Mechanic-Wed-trk coach farm 28.86 $29.29 $29.88 $30.63 $31.39
9 Mechanic-Welder 27.02 $27.43 $27.97 $28.67 $29.39
8 Hot Loader Operator 28.12 $28.54 $29.11 $29.84 $30.59
7 Crane Operator - A 26.84 $27.24 $27.79 $28.48 $29.19
6 Rubber Tired Loader 26.31 $26.70 $27.24 $27.92 $28.62
5 Utility Person 26.11 $26.50 $27.03 $27.71 $28.40
4 Truck Driver 25.61 $25.99 $26.51 $27.18 $27.86
3 Lancer/Burner 23.13 $23.48 $23.95 $24.55 $25.16
2 Labourer 20.49 $20.80 $21.21 $21.74 $22.29
1 Student 15.39 $15.62 $15.93 $16.33 $16.74
$25.16
$22.29
$16.74
$32.39
$31.89
$31.39
$29.39
$30.59
$29.19
$28.62
$28.40
19.01
Trainees on crane will be classified and paid in “B” level for up to thirty (30) days. Employees
considered showing good progress by the Company upon completion of thirty (30) days shall
be compensated an additional fifteen cents (15¢) per hour. Employees not qualified in same
19.02
19
thirty (30) days will revert back to their former classification, or if probationary, will be laid off,
or if showing promise to qualify with a short extension, may be extended upon mutual
agreement by the Company and the Union. Upon successful completion of sixty (60) days,
employees considered qualified by the Company shall be upgraded and paid the “A” rate.
Employees not qualified in sixty (60) days will revert back to their former classification, or if
newly hired for this position, will be laid off, or if showing promise to qualify with a short
extension, may be extended upon mutual agreement by the Company and the Union.
Two lump sum payments of five hundred dollars ($500) will be made to each eligible
employee. The first will be paid on the first pay run after ratification and the second will
be paid on June 15, 2016. Eligible employees shall be any employee who has not
suffered a break in service as of the date of payment.
Cost of Living Adjustment
The C.O.L.A. allowance is rolled into the base wages effective each six (6)
month period as below. The parties have agreed to a cost-of-living program based upon a
formula which will generate one (1) cent per hour for each 0.35 rise in the All Canada C.P.I.
(C.P.l. 1981 = 100) as follows:
19.03
Measurement Reported by Paid for Period Statistics Canada Hours Worked
May 2002 to Nov 2002 Dec 2002 Jan. 1, 2003 Nov 2002 to May 2003 June 2003 July 1, 2003 May 2003 to Nov 2003 Dec 2003 Jan 1, 2004 Nov 2003 to May 2004 June 2004 July 1, 2004
The cumulative cost-of-living adjustment paid for the preceding six-month period will
be rolled into the respective classification base rates outlined in Section 13.01 effective each
six months to a maximum of twenty-five cents (25¢) per contract year. The first rollover will be
Cost of living will be frozen for the life of this agreement.
19.04
Paydays
Employees shall be paid weekly. No more than one (1) weeks’ wages shall be held in
abeyance. The Company agrees to provide a statement of earnings and a pay cost sheet to
each employee at each pay.
19.05
Lead Person
An employee may be selected by the Company to assist the Plant Superintendent in
distribution, supervision and follow-up of work assignments. In such cases, an employee so
assigned shall be compensated one dollar ($1.00) per hour over his normal classification rate.
It is understood that such employee shall not be empowered to hire, discharge or discipline
19.06
20
employees placed under his direction, but will be empowered and responsible to report on
individual and group performance(s) and related problems. It is further understood that for
such times as the employee is classified a Lead Hand, he shall be paid the Lead rate for all
hours worked.
New or Changed Jobs
It is recognized that changing conditions and circumstances may from time to time
require adjustment of wage rates or modification of wage rate plans because of the
development of new manufacturing processes, substantial changes in the content of jobs, or
improvements brought about by the Company in the interest of improved methods and
products. The Company agrees to confer with the Union when it establishes a new classification
with a view to determining an appropriate wage rate. If the Company and Union cannot agree
on an appropriate wage rate for the new classification, the Company has the right to set the
wage rate that will apply, with the provision that the Union may grieve the difference in wage
rate. If a wage rate set by the Company is submitted to arbitration, the arbitrator will set the rate
by comparing it with the other rates contained in this Agreement.
19.07
SECTION 20 – SHIFT DIFFERENTIAL
For the purpose of determining shift differential payment for employees, a shift
premium of thirty-five cents ($0.35) per hour will be paid for shifts that start between 1:00 p.m.
and 5:59 p.m. Shifts commencing between 6:00 p.m. and 4:29 a.m. shall be subject to a shift
premium of forty cents ($0.40) per hour. The shift premium will not be increased because of
overtime hours worked on shifts where said premium is payable.
20.01
SECTION 21 – HOLIDAYS
The following eleven (11) days will be observed as paid holidays:
New Year’s Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Eve Day Canada Day Christmas Day Civic Holiday in August Boxing Day Family Day
21.01
To be eligible for holiday pay, an employee must work his last scheduled shift
immediately preceding the holiday and his first scheduled shift immediately following the
holiday. An employee who is absent from work due to illness, injury, leave of absence or layoff
on any shift during which he would otherwise be scheduled to work shall not qualify to receive
pay for a holiday unless the employee works within thirty (30) calendar days before or after that
21.02
21
holiday. An employee who agrees to work on a holiday but fails to report for work on that day, or
leaves work before the end of his shift without permission, shall not receive any pay for the
holiday and will be subject to disciplinary action up to and including discharge. This will not
apply if the employee is able to provide a legitimate excuse for his absence or departure.
When a holiday is observed during an eligible employee’s vacation, he shall be entitled
to one (1) additional day of vacation with pay to be scheduled either before or after the
vacation, as mutually convenient, or at the option of the employee, shall receive one (1)
additional day’s pay computed as provided in this Agreement.
21.03
If one of these holiday falls within an employee’s normal schedule, and the employee
is not required to work, he or she will receive holiday pay on the basis of his straight time base
rate times the number of hours in his normally scheduled working day. If one of these holidays
falls outside the employee’s normally scheduled shifts, the Company and the employee will
agree on a substitute day that would ordinarily be a working day for the employee to take off
work and for which he or she will be paid public holiday as if the substitute day would be a
public holiday. The substitute will be no more than three (3) months after the public holiday. If
the employee is called in to work on the substitute holiday they will be paid straight time base
rate plus time and one half for all hours worked.
If an employee is scheduled to work on a shift that would be considered to fall within a public
holiday, then that employee shall receive eight (8) hours pay (if working on a eight (8) hours
schedule), or ten (10) hours pay (if working on a ten(10) hours schedule) or twelve (12) hours
pay (if working on a twelve (12) hour schedule) for the public holiday at his regular rate,
excluding all premiums, plus a premium of time-and-one-half (1½) the employee’s regular rate
of pay, excluding all premiums, for all hours worked
21.04
SECTION 22 – FUNERAL LEAVE
Employees with ninety (90) calendar days of employment will be permitted to be
absent from work with pay for up to three (3) consecutive days after the death of a member of
the immediate family. “Immediate family” means legal spouse, mother, father, son, daughter,
sister, brother, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law and brother-
in-law. The employee will be paid eight (8), ten (10) or twelve (12) times his straight time
hourly rate for those days he was scheduled to work, based on the employee’s normal
schedule, provided that the employee notifies the Company of such absence from scheduled
work for this reason. If requested by the Company, an employee must furnish proof of death
and of family relationship to the Company. Time thus paid will not be counted as hours worked
for the purpose of determining liability to pay overtime or other premium pay. An employee will
22.01
22
not receive pay during bereavement leave if this pay duplicates pay received by the employee
for any other reason or for any of the three (3) days that fall on an unscheduled day.
Employees who have completed their probationary period will be excused for
one (1) scheduled shift and paid eight (8) hours at their straight time hourly rate to
attend the funeral of an aunt or uncle who is the employee’s blood relative. The
employee must provide evidence of the relationship such as an obituary that lists the
employee s the niece or nephew.
Up to three (3) days additional time off without pay may be granted to eligible
employees as defined above to make arrangements for and to attend the funeral of a member
of his immediate family where the time allowed in 16.01 above is not sufficient due to
extended travel and where production requirements make such a request possible.
22.02
SECTION 23 – JURY SERVICES
An employee required to serve on jury duty or as a subpoenaed Crown witness will be
paid his regular rate of pay plus any applicable shift premium for all days served that had been
scheduled as work days, provided that he endorses over to the Company all the pay that he
receives for jury services, to a maximum of twenty (20) working days per employee per year.
An employee serving on a jury will be required to report to work when not required to act on
the jury or report to the courtroom.
23.01
23
SECTION 24 – GROUP INSURANCE
During the term of this Agreement, the Company agrees to provide the following group
insurance benefits for employees hired as full-time employees. Benefits will commence the
1st of the month following the completion of 90 days provided the employee is an active full-
time employee on that date. Otherwise, benefits will be deferred until the employee returns to
an active, full-time status.
24.01
Group Term Life Insurance and A.D. & D.
The Group Term Life Insurance and A.D. & D. will be as follows:
Effective 1/15/2010 $33,000.00
24.02
Weekly Indemnity Benefits (1-1-5-52 Plan)
Benefits will be paid for non-work related disabilities from the first (1st) day of total
disability for an accidental injury; from the first (1st) day an employee is admitted as an
inpatient at a hospital and from the fifth (5th) day of disability due to illness. .Benefits will be
paid on a daily or weekly basis for a maximum of fifty-two (52) weeks.
Effective upon ratification, the weekly indemnity benefit will be $550.00 for
disabilities commencing after the effective date of this increase.
24.03
Supplemental Medical
$50.00 single coverage and $100 family coverage Annual Deductible, 100% of the
balance
$14,500.00 Maximum in a rolling three (3) year period effective January 15, 2016.
Prescription drugs will be covered if required by law to have a prescription.
A detailed description of the plan will be provided under separate cover.
24.04
Dental Coverage
Basic services will be covered with a two (2) year lag on the current O. D. A. schedule.
Maximum Benefit per individual:
Unlimited for minor services
$1750 per calendar year for major services
$2,750 lifetime maximum for orthodontics for dependent children age 19 or under.
All new employees shall have required dental work existing at the time of hire
corrected before expiration of probationary period.
24.05
Vision Care
The Company agrees to provide a vision care plan that will pay the cost one (1) eye
examination plus up to three hundred dollars ($300.00) for a pair of eye glasses every twenty-
24.06
24
four (24) months for each insured person.
Employees will not be required to contribute toward the cost of the group insurance
plan during the term of this agreement, unless such contribution is required by law.
24.07
The terms and conditions of the group insurance plan master policy shall prevail. 24.08
Extension of Benefits
In the event an employee who has group insurance benefits is laid off, all group
insurance benefits, except weekly indemnity, will be extended to the first of the month
following three months from the date on which the employee last worked. Weekly indemnity
will cease on the date the employee last worked.
24.09
In the event an employee who has group insurance benefits becomes disabled, all
group insurance benefits will be extended for up to fifty-two (52) weeks. If the disability is
work related, the weekly indemnity benefits will not be extended.
In the event an employee breaks service with the Company, and the benefits are in
effect at the time the break occurs, benefits will cease as of the date of the break in service.
Benefits that have been cancelled as a result of a layoff or disability, will be reinstated
the first of the month following the month in which the employee returns to active, full-time
employment, provided the employee continues to be an active, full-time employee on that
date. Otherwise, reinstatement will be deferred to the day the employee actually returns to
active, full-time status.
SECTION 25 – GROUP REGISTERED RETIREMENT SAVINGS PLAN (RRSP)
The Company will provide a Registered Retirement Savings Plan (RRSP) that allows
employees with a minimum of one year of service with the Company to contribute a minimum
of one percent (1%) of regular earnings annually, with the Company matching each
employee’s contributions to a maximum of three percent (4%) of regular earnings annually
Employees may contribute more than the Company portion, however the Company will only
be required to match the agreed upon portion as set above. Effective January 15, 2017, the
Company will match the employee’s contributions to a maximum of four percent (5%)
of regular earnings annually.
25.01
SECTION 26 – BULLETIN BOARDS
The Company agrees to furnish space to the Union within the plant for posting of
Union notices and official documents. Such notices shall only be posted by the assigned
officer of the Union and must be in conformity with the spirit and the purpose of this
Agreement, and given prior approval by the Plant Superintendent.
26.01
25
SECTION 27 -NO STRIKES - NO LOCK-OUTS
During the term of this Agreement, there will be no strikes on the part of the Union or
employees, nor will there be any lock-out on the part of the Company.
27.01
The terms “strike” and “lock-out” as referred to above shall be interpreted in
accordance with the definitions as set out in the Labour Relations Act for the Province of
Ontario, as amended from time to time.
27.02
SECTION 28 - PROCEDURE FOR REPORTING OFF AND ON WORK
Notice of intended absence should be given to the Company at least two (2) hours
prior to start of the employee’s regularly scheduled shift unless the employee can establish
that he had reasonable cause not to do so.
28.01
Any employee who has been absent more than one (1) day with or without permission
will notify the Company of his desire to return to work a minimum of six (6) hours in advance
of the start of his next scheduled work day. An employee who has been absent for more than
three (3) days without notice or authorization shall be considered to have lost his seniority and
his employment shall be deemed terminated.
28.02
SECTION 30 – GENERAL PROVISIONS
The Company will provide locker facilities and washroom facilities and maintain same
in a clean and sanitary condition.
30.01
It is understood and agreed that no agreement, alteration, or modification to any of the
terms of the Collective Bargaining Agreement shall be made or recognized unless executed in
writing between the Company and the Union.
30.02
The Company and the Union agree to meet within thirty (30) days of the ratification of
the Collective Agreement to discuss implementing anti-harassment training for employees,
which shall be jointly facilitated by the Company and the Union.
30.03
The Company agrees to make available an Employee Assistance Program to
employees. Details of the program are to be discussed with the Union and the employees
within thirty (30) days of the ratification of the Collective Agreement
30.04
The company will provide enough copies of the contract so that each employee may receive one (1) plus three (3) additional copies and a copy to the Union
.
SECTION 31 • TERM OF AGREEMENT
This Agreement is in force from January 15. 2016. until 11:59 p.m. on January 14, 31.01
2021 and from year to year thereafter unless either party gives written notice of termination
120 days prior to the expiration date of this Agreement.
·~" M ,\. DATED AT WHITBY, ONTARIO THIS ..lk_ DAY OF~· 2016
UNITED STEELWORKERS HARSCO METALS CANADA AFL-CIO-CLC DIVISION OF HARSCO CORP .
. ~J2
26
27
EXHIBIT “A” – Tool Allowance The employer shall provide a tool allowance of four hundred dollars ($400) annually to all
mechanics/maintenance personnel to maintain the agreed tool list below.
Agreed Tool List
¼ Drive socket set 3/8 Drive rachet 3/8 Drive Johnson bar 3/8 Drive sockets 3/8” to 7/8” standard & deep 3/8 Extension 3”, 6” and 12” 3/8 Universals and adaptors 3/8 Metric sockets 6mm to 14mm ½ Drive rachet ½ Johnson bar ½ Drive sockets 3/8” to 1 ¼ ” ½ Extensions 3”, 6”, 12” and 18” ½ Universals and adaptors 1/8” to ¾” allen wrenches 2mm to 19mm metric allen wrenches ¼ to 1” open end wrenches 7/16 to 1 5/16 combination wrenches 6” Adjustable wrench 12” Adjustable wrench 15” Adjustable wrench 12” Pipe wrench 15” Pipe wrench 1 lb Ball peen hammer 1 ½ lb Ball peen hammer 3 lb Short handle sledge 10” Channel locks 16” Channel locks Side cutters Needle nose pliers Linesmans pliers Hacksaw 12” Pipe Cutter Flaring tool 6” Vise grips 8” Vise grips Pry bar set 8”, 12”, 18” and 24” Assorted Punches Assorted Chisels 12 & 24 V test light Wire strippers and crimpers Assorted files 1/16 to ½ drill bit set Tap and die set 3/16” to ½” N.F. and N.C. 12’ Tape Measure 12” Combination square Feeler gauges Vernier calipers 0-6” Gasket scraper
28
Letter of Understanding - Medical Notes If the Company requests a physician medical note from an employee the Company will reimburse up to
$25 for a physician’s medical note.
Letter of Understanding - Short-term Spotters for less than 30 days
In the event of a temporary layoff, a senior employee may bump a spotter or pit loader with less seniority
and/or any other classification that your seniority will allow you to bump. If the layoff is expected to last more than 30 days, the employee shall be trained as a Pit Loader. If the employee declines
the training or fails to become qualified, they will be laid off.
Letter of Understanding – Government Retirement Pension Plan
The Company and Union agree to the following:
The Parties agree that this Letter of Understanding is being made on a without prejudice or precedent setting manner. Any and all items that have been agreed upon writing this letter of understanding which are inconsistent with the terms of application, interpretation and the administration of the Collective Agreement shall not be viewed or construed to be viewed as the Union and/or the Employer abandoning any such rights and shall not be considered a waiver of the Unions/Employers right to subsequently exercise such rights. During the recent round of negotiations, the parties discussed the Ontario Retirement Pension Plan (ORPP) and how it may potentially impact the overall Employer contributions to the retirement component of the employee’s total compensation package that has been negotiated by the parties. The parties further agree to meet and discuss potential modification of the retirement program to meet requirements of the ORPP or an equivalent modification to the CPP at least 9 months prior to required implementation for Harsco Metals Canada employees. Any and all changes to the plan in order to comply with the law must be negotiated and agreed upon by the parties before implementing.
