11-22-&1 l6:31 U.s.w.A. OFFICE OF AUG 0 7 Z002 COLLECTIVE BARGAINING INFORMATION • ' I : I COLLECTIVE AGREEMENT 1 BETWEEN MONTEBELLO PACKAGING • REC A of Great Pacific Enterprises Inc. Hawkesbury, Ontario r'•\3'.1. FILENo. 3 OC} - 0 ( CERT. DATE 1': _ TOTAL EMPS c:::lO EXP. DATE /0 -jAN .... 0 DATE CODER RECEiVED- EMPLOYER referred to as the "Company") L..:O:.:.l:....:.:HE::.R.:__ _______ 22111/01 ' i and i THE UNlfi'ED STEELWORKERS OF AMERICA ON BEHALF OF ITS LOCAL 8952 referred to as the "Union'') Effective Dates: January .1 1, 2001 to January 10,2004 ')
Transcript
11-22-&1 l6:31 U.s.w.A. KI~GSTON
OFFICE OF
AUG 0 7 Z002 COLLECTIVE BARGAINING
INFORMATION
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: I
COLLECTIVE AGREEMENT 1
BETWEEN
MONTEBELLO PACKAGING
• REC
A Div~sion of Great Pacific Enterprises Inc.
Hawkesbury, Ontario
r'•\3'.1.
FILENo. 3 OC} - 0 (
CERT. DATE ~~~-.) 1': _
TOTAL EMPS c:::lO O~r
EXP. DATE /0 -jAN .... 0
DATE CODER
RECEiVED-
llf~ION EMPLOYER
(herei~after referred to as the "Company") L..:O:.:.l:....:.:HE::.R.:__ _______ -~
1.01 The Company recognizes the Union as the sole bargaining agent for all employees at Hawkesbury, Ontario, save and except forepersons, persons above the rank of forepersons, office, sales and technical staff, students employed for school vacation period, and persons regularly working twenty four (24) hours or less per week.
1.02 a) The Company shall not have any more working forepersons and supervisors performing bargaining unit work than five (5) plant-wide, except for the purposes of training, instruction, product development or in the case of emergency and/or when bargaining unit employees qualified to do the job are not available. The Company will provide the Union with a list of the working forepersons and supervisors and any changes thereto.
b) Apart from the persons specified in 1.02 a), persons whose regular jobs are not in the bargaining unit, shall not perform bargaining unit work, except for the.purpose of training, instruction, product development, process improvement, when bargaining unit employees are not available or in the case of emergency.
1.03 Wherever the male gender is used throughout the articles within this agreement, it is agreed that the feminine gender is an acceptable substitute whenever and wherever the feminine gender is applicable.
Article 2- RELATIONSIDP:
2.01 a) Neither the Company nor the Union, or any of their representatives shall interfere with, restrain, coerce or discriminate against any employee in their lawful right to become or not become members of the Union, or to participate or not participate in lawful activities of the Union, or because of race, creed, colour, sex or place of origin.
b) Code.
The Company and the Union agree to abide by the Ontario Human Rights
2.02 A Union representative will be allowed to interview employees at the Company premises, provided he first stops at the front office and receives permission from the plant manager, or his designate, to meet the employee at a designated location.
2.03 a) The Company will advise the Union of the names of those persons who have been appointed to the position of supervisor, foreman or floorlady when s~ch
appointment occurs. Employees from the bargaining unit who are appointed to the position of supervisor or foreperson shall retain all seniority rights for a period of twelve (12) months. If they are returned to the bargaining unit after those twelve (12) months, they shall be credited only with the seniority to their credit while in the bargaining unit plus the twelve (12) months.
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2.03 b) The Company will also advise the Union of the names of those persons who have been appointed to the position of temporary supervisor or foreperson. It is agreed that bargaining unit members temporarily appointed will not take direct disciplinary action against bargaining unit members.
2.04 Sexual and Racial Harassment: The Union and the Company recognize that sexual and racial harassment are unlawful employment practices in violation of the "Ontario Human Rights Code". The Code defines sexual harassment as follows:
"A course of vexatious comment or conduct or a sexual advance or solicitation that is known or ought reasonably to be known to be unwelcome, perpetrated by a person's employer, someone acting for the employer, or a co-worker."
Racial harassment is defmed as follows:
"Words or actions which show disrespect or cause humiliation to another employee because of his or her race, colour, language, creed, ancestry, place of origin or ethnic origin."
Complaints of alleged sexual or racial harassment involving a member of the bargaining unit will be handled with all possible confidentiality by the Unit Chairperson and the Human Resources Manager. A complaint will not be disciplined unless the complaint was made in a vexatious manner.
2.05 It is mutually agreed that arrangements will be made for a Union representative to make a presentation to new employees during their orientation program. The Company will advise the Local Union President of the names of any newly hired employees as soon as possible.
2.06 Labour Relations Committee
2.06(a) Purpose and Commitment: The Company and the Union recognize the value of open and effective communication in maintaining a constructive labour management relationship. To this end, the committee will provide a regular opportunity to discuss ongoing issues and problems and a chance to resolve these problems to the benefit of both parties. The Company and the Union hope that their efforts in this initiative will help to build a better line of communication and a more harmonious workplace for everyone.
2.06(b) Structure and Size: This will be a top-level committee comprised of three (3) representatives for the Union, to be appointed by the Union, and three (3) representatives for the Employer, to be appointed by the Employer. The Union representatives will be the Local Union president and two other top-level officials of the Local Union. The Union Staff Representative can attend meetings at the invitation of either party.
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2.06(c) Agenda: The committee co-chairs will meet prior to the committee meetings to exchange proposed agenda items for the meeting. These items will be listed in order of ·priority. A single agenda will be typed and distributed to committee members prior to the meeting. Emergency items arising after the agenda is prepared can be entertained on the agreement of the parties at the outset of the meeting. Business arising from the minutes of the previous meeting will be handled as a first item on each meeting's agenda.
2.06(d) Meeting Times: The committee will meet once a month, or more often if required.
2.06(e) Chairmanship: The parties will alternate the Chair from meeting to meeting. The party chairing the meeting will appoint from among their committee a Chairperson, and the other party will appoint a recording secretary. The Chairperson will seek to keep the discussion on topic arid timely and ensure that each committee member has a chance to have input on each item discu~sed.
2.06(t) Minutes: Prior to the conclusion of the meeting, the recording secretary will compare notes with the notes of the committee. Minutes will then be signed by both parties. The minutes agreed to will then be typed by the Employer. A copy of same will be made available to each of the committee members and to the Plant General Manager.
Article 3 -MANAGEMENT RIGHTS:
3.01 The Union recognizes the right of the Company, subject to the specific terms of this agreement, to operate and manage its business in all respects and to maintain order and efficiency. The Company also has the right to make and alter reasonable rules and. regulations to be observed by its employees, which rules and regulations shall not be inconsistent with the provisions of this agreement. The Company will advise the Union and the employees of any changes made to such rules and regulations.
3.02 The Union recognizes the exclusive right of the Company to exercise the customary rights of management, subject to the terms of this agreement, to maintain order, hire, promote, demote, transfer, lay off and retire employees, and to suspend or otherwise discipline and discharge employees for just cause, subject to the application of Article 8.05, and subject to the right of an employee concerned to lodge a grievance in the manner and to the extent herein provided.
Article 4- UNION SECURITY:
4.01 · All employees shall be required to pay the regular Union dues as a condition of employment. The Company shall deduct from each pay of each member of the bargaining unit, weekly, such Union dues, fees and assessments as prescribed by the constitution of the Union. The Company agrees to print the amount of total dues deductions paid by each employee for the previous calendar year on the income tax T -4 form.
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4.02 Dues and initiation fees so deducted shall be remitted along with a list of the names of employees from whom such deductions have been made prior to the fifteen (15th) day of the month following the month payable to the International Treasurer, United Steelworkers of America, P.O. Box 13083, Postal Station A, Toronto, Ontario M5W 1V7. The monthly remittance shall be accompanied by a statement showing the name of each bargaining unit member from whose pay deductions have been made, the total gross amount earned by each employee, and the total amount deducted for the month. Such statement shall also list the names of the bargaining unit members from whom no deductions have been made and the reason why, along with form R-115 to the International Union.
4.03 The Union agrees to indemnify and save the Company harmless against all claims or other forms of liabilities that may arise out of, or by reason of, deductions made or payments made in accordance with this article.
Article 5- NO STRIKES OR LOCKOUTS:
5.01 The Company shall not cause or direct any lockouts of employees, and the Union shall not cause or direct any strikes of employees during the term of this agreement. The terms "strike" and "lockout" shall be as defined as in the "Labour Relations Act of the Province of Ontario" as amended, and regulations thereunder.
Article 6- UNION REPRESENTATION:
6.01 The Union may select up to three (3) employees to act as a negotiating committee in collective bargaining. The Union may also select stewards on the basis of up to three (3) per shift. One steward shall be designated as chief steward. The Company shall never be required to meet with more than two (2) stewards or three (3) committee members at any one time. The full-time Union representative shall be in addition to these limits. Employees selected as a steward or on a committee must have a minimum of having served the period of probation. The Company will recognize specified alternate stewards to act in the absence of a regular steward. One (1) additional steward may be appointed to represent day shift workers.
6.02 The Union shall notify the Company of the names of employees acting as committee members and stewards. The Company shall recognize and deal with committee members upon proper notification.
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6.03 The Union recognizes that stewards, the grievance committee and the safety committee have regular duties to perform. Therefore such persons shall not leave their work for the purpose of conducting any business on behalf of the Union or other employees without first obtaining permission from their respective immediate supervisors. Such permission shall not be unreasonably withheld, and where it is not granted immediately it will be granted during the shift. In recognition of employees observing the terms hereof, the Compai:J.y will pay stewards and members of any Union committee for time lost from work during regular hours in meetings with any Company representatives, excluding arbitration proceedings.
6.04 In the event of a lay-off due to lack of work, the Local Union president shall be considered to have super seniority for lay-off purposes only, provided there is work available which such office is qualified to do.
6.05 The negotiating committee is a separate entity from other committee and will deal with such matters as are properly the subject of negotiations, including proposals for the renewal or modifications of this agreement.
6.06 The Company agrees to allow members of the negotiating committee the day off work without loss of pay or loss of scheduled day off on each day the committee is scheduled to meet with members of Management.
Article 7- GRIEVANCE PROCEDURE:
7.01 Nothing in the grievance procedure shall prevent any employee or steward
7.02
from bringing a complaint to the attention of any Company official. The Company may refuse to consider any grievance the circumstances of which
. occurred more than ten (1 0) working days before the grievance was filed at step one.
The formal grievance procedure shall be as follows:
Step One: The employee and/or steward may present a written grievance signed by the employee to the grieving employee's immediate supervisor. Any written response to the grievance will be given to the grieving employee and to the steward identified on the written grievance.
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Step Two: If a settlement satisfactory to the employee is not obtained within five (5) working days after the matter has been discussed with the supervisor in accordance with Step One, the written grievance may be submitted to the plant manager, or his designate. The Union grievance committee may then discuss it with the Company at a time to be agreed upon, within five (5) working days of the supervisor's reply. A full-time salaried representative ofthe Union may be present at the request of either the Company or the Union. The plant manager or his designate shall give the final Company answer within five (5) working days of the Step Two meeting.
7.02 When two or more employees wish to file a grievance arising from an identical alleged violation of this agreement and are seeking identical relief, such grievance may be handled as a group grievance and be presented at Step One or Step Two of the grievance procedure. All the employees grieving shall be identified by name on the grievance.
7.03 Any time allowance provided for in this article may be extended by mutual agreement between the parties, in writing.
7.04 The Company or the Union may initiate a grievance in writing at Step Two of the grievance procedure. Such grievance shall be a policy grievance, in connection with the administration, interpretation, alleged violation or application of this agreement. Such grievance must be filed within ten (10) days from the incident from which it arises.
7.05 If the grievance remains unsettled and arbitration is to be invoked, the request for arbitration must be made within thirty (30) working days after the answer is given in Step Two.
7.06 At any stage of the grievance procedure an employee and/or his Union representative will have the right to use either English or French as he may choose in dealing with his grievance.
Article 8- DISCHARGE AND SUSPENSION GRJEV ANCES:
8.01 A claim by an employee that he has been unjustly discharged or suspended from his employment shall be treated as a grievance, if a written statement of such grievance is lodged with Management within seven (7) working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step Two will be omitted in such cases. The Union will be informed of any discharge no later than the end of the day shift after the day of the termination.
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8.02 Such special grievances may be settled by confirming the Management's action in dismissal or suspending the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties.
8.03 A copy of a written warning to be placed on an employee's record will be given to the employee's steward. At the time discipline is issued, the steward may be present, if requested by the employee.
8.04 Employees who have been disciplined up to and including written warnings (not final written warnings) shall have such discipline removed from their record eighteen (18) months from the date of occurrence.
8.05 The parties agree that the tennination of a probationary employee shall generally be at the discretion of the Company and may be carried out based on a lesser standard than that for a seniority employee. It should only be reviewed by an arbitrator where the Company has no reasonable basis for its decision.
8.06 An employee has access to his personal and medical file on record with the Company, and, at his discretion, may be accompanied by his local Union representative when reviewing such file. Such access is subject to the discretion of the Company's medical advisor to withhold infonnation for the reasons set out in the "Health Disciplines Act."
Article 9- ARBITRATION:
9.01 When either party requests that a grievance be submitted to arbitration, it shall make such request in writing indicating settlement sought, addressed to the other party to this agreement, stating the matter to be arbitrated and, at the same time, shall submit a list of names of persons to act as sole arbitrator. Within five (5) days thereafter the other party shall accept one of the suggested names, or submit its own list. If the parties are unable to agree on an arbitrator within a period of five (5) days, they will then: request the Minister of Labour for the province of Ontario to assist them in selecting an arbitrator, or use the arbitration procedure under the "Labour Relations Act of Ontario".
9.02 Each of the parties hereto will jointly bear the expenses of the sole arbitrator.
9.03 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.
9.04 · The arbitrator shall not enter any decision which is inconsistent with the terms of this agreement, nor shall he add to, alter or amend any of its tenns or deal with any matter not contained herein. The decision of the arbitrator shall be final and binding on the parties ofthis agreement.
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Article 10 w SENIORITY:
10.01 Seniority of each employee covered by this agreement shall be established after a probationary period of:
(i) 420 hours or (ii) 720 hours for employees who are newly hired in the position ofline technician.
These hours must be worked within a twelve (12) month period from date of hire, or rehire in the case of a break in continuous service. It is understood that the seniority provisions of this agreement shall not apply to probationary employees.
During this period, newly hired line technicians may be placed in a training program which may include complete evaluations of their comprehension, knowledge, and ability to perform the required task for the job. The training period may be stopped if any of these evaluations are failed. ·
Entitlement to benefits shall begin three (3) months after the date of hire; however, if the employee has not completed his probationary period by that time, then any amounts paid out by the employee that would have been covered by the benefits, will be reimbursed.
10.02 a) The parties recognize that job opportunity and security shall increase in proportion to length of service. It is agreed that in all cases of vacancy, promotion, demotion, transfer, lay-off, termination and recall after termination or lay-off, senior employees shall be entitled to preference.
10.02 b) In recognition, however, of the responsibility of Management for the efficient operation of the plant, it is understood and agreed that in all cases referred to in section 10.02 a), Management shall have the right to pass over any employee if it is established that the employee does not have any of the following: the necessary skills, ability, willingness, capability or physical fitness to perform the normal requirements of the job. To establish this, the Company may offer training and/or measure the capacity of an employee as long as the training and/or the evaluations are relevant to the job that is to be performed; any testing will be given in accordance with Article 23.05.
Employees who are selected for a line technician position through consideration of the factors in 10.02 b) and/or an aptitude test, will be provided with a training period of up to 720 hours. If the Company uses an aptitude test to determine the suitability of an employee, it will be given in accordance with Article 23.05.
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10.02 c) All temporary and permanent vacancies shall be advertised on the Company bulletin boards for five (5) workings days. All employees signing the posted job sheet shall be considered for the vacancy on the basis of Article 10.02. A posted job will be filled within five (5) days work after the procedure is completed, or the Union will be informed as to the reasons why not. Except for line technicians who are covered in Article 10.02 b), there will be a fourteen (14) working day trial period, or longer at the Company's discretion and if, following this, the employee is deemed not suitable by either party, then he shall return to his former job and the vacancy will be re-posted.
During this trial period, an employee may revert to his former job. Any other employee displaced by the exercising of the above right shall also return to their former job as soon as it is reasonable to do so. However, the job will not again be posted, but instead the original posting will be re-examined, and if none of those who applied have the necessary skills, ability, and/or qualifications required by the Company, or there were no other applicants for the posting, the job may be filled from any other source.
Employees who successfully post on a job will be prevented from posting on another job, except for a promotion or for a job on straight days, for a period of nine (9) months.
10.02 d) An employee temporarily transferred (i.e., not exceeding forty-five (45) calendar days) for the convenience of the Company, shall receive the rate of the job to which he is transferred, or the rate of his regular job, whichever is higher. This shall not apply to a transfer requested by an employee or a transfer to avoid a lay-off. In these cases the rate of the job transferred to shall apply. Where the term of temporary transfer is known to exceed forty-five (45) days then the temporary posting will be made as early as practical. It is agreed that in selecting an employee for a permanent job posting, no consideration will be given to any experience an employee may have gained through a temporary posting or transfer.
10.03 An employee shall lose his seniority standing and his name shall be removed from all seniority lists, and the employee shall be deemed to have terminated his employment for any of the following reasons:
a) If the employee quits the employ of the Company.
b) If the employee is discharged for just cause, and such discharge is not reversed through the grievance procedure.
of: c) If an employee is absent due to lay-off equal to his seniority up to a maximum
Length of service up to five ( 5) years over five (5) years to 10 years over ten (1 0) years
Loss after twenty-four (24) months
thirty (30) months thirty-six (36) months
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d) Ifthe employee is laid off and fails to inform to return to work within five (5) days after he has been notified to do so by the Company by priority post, courier, or registered letter to his last known address, where the employee is not employed; or where the employee is employed within seven (7) days of being notified as above. Such notification will be deemed to be received two (2) days after the notification has been sent to his last known address. It is the responsibility of the employee to keep the Company fully aware of his current address.
e) If the employee takes work elsewhere during leave of absence without consent of the Company.
f) If the employee is absent due to sickness or accident equal to his seniority up to a maximum of:
Length of service up to five (5) years over five (5) years to ten (1 0) years over ten (1 0) years
Loss after twenty-four (24) months
thirty (30) months thirty-six (36) months
g) If the employee is absent without permission for three (3) consecutive days of work without a reason acceptable to the Company.
10.04 a) Seniority shall be Company wide. Seniority lists shall be prepared by the Company on or about January 1st and July 1st annually. A copy will be forwarded to the Union offices as well as posted on the bulletin board.
10.04 b) Every six (6) months the Company will provide the International Union representative with a copy of a list stating the name, last known address, and telephone number of bargaining unit members. A copy of the list will be given to the local Union president or chairman.
10.05 Whenever it becomes necessary to reduce the workforce, the employee affected shall be given at least one (1) week's notice in advance of the date of lay-off or pay in lieu of, except in cases of emergency where such notice is not possible. In the case of an emergency requiring a lay-off for a period not exceeding one (1) working· day, employees may be temporarily laid off out of seniority within the affected department.
1 0.06 An employee who is temporarily replacing another employee who is absent for a valid reason, shall return to his regular job when the absent employee returns to his regular job. Similarly, all employees affected by the transfer will be returned to their regular jobs.
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Article 11 - LEAVE OF ABSENCE:
11.01 The Company may grant leave of absence without pay to any employee to conduct personal business. Any person who is absent with written permission shall continue to accumulate seniority during his absence. An employee on a leave of absence will continue to receive benefits under the group insurance plan, provided the employee pays, in advance, all premiums under the group insurance plan if the leave of absence is to exceed one (I) month.
11.02 Leave for Union Business:
a) A maximum of two (2) employees who have been elected or appointed by the Union to attend conventions or conferences or other Union business, shall be granted a leave of absence without loss of seniority for this purpose. The total of such leave in any calendar year shall not exceed ninety (90) working days. The above employees may not be from the same department on the same shift. The Union will notifY the Company in writing not less than three (3) calendar days and in any case, the Union will endeavour to provide as much notice as possible prior to the start of the leave. Working days spent at . arbitration hearings or negotiations meetings shall not be included in the ninety (90) days. Employees on such leave will be paid their regular earnings and the Union will reimburse the Company on a monthly basis.
b) The Company shall grant one (1) employee leave of absence without pay or benefits and with accumulation of seniority for up to eighteen (18) months to work full time for the Union provided thirty (30) days notice is given. Such leave shall be reviewed upon completion of said leave. Additional leave beyond the eighteen (18) month period specified for any one employee shall be at the discretion of the Company and will not be unreasonably withheld.
11.03 Maternity Leave:
Employees with more than one (1) year of service shall be granted leave for pregnancy in accordance with the "Employment Standards Act of the Province of Ontario" and regulations thereunder; such leave of absence may be up to twelve (12) months, and the Company will pay the group insurance benefit premium.
11.04 Time ofElections:
Employees living in Quebec will normally be expected to vote in the advanced polls. In those circumstances where a reason acceptable to the Company has been provided, an employee may be granted up to two (2) hours (unpaid) to vote in a Quebec provincial election.
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Article 12 -BEREAVEMENT LEAVE:
12.01 Bereavement leave with pay for three {3) days shall be granted to an employee to make arrangements for and to attend the funeral of the employee's father, mother, sister, brother, child or spouse. In the case of the death of an employee's father-in-law or mother-in-law, the payment shall be two {2) day's regular pay if the funeral is attended. In. the case of the death of an employee's brother-in-law, sister-in-law, grandparent or grandchild, the payment shall be one {1) day's regular pay if the funeral is attended. It is also agreed that if the employee's spouse is working for the Company, leave of absence without pay will be granted to the employee's spouse upon his/her request.
12.02 Continuous operation employees shall be paid as follows: thirty-six {36) hours for those family members who fall into the three {3) day category, and twelve (12) hours respectively for the one ( 1) and two {2) day family members.
Article 13- LEAVE FOR JURY AND WITNESS DUTY:
13.01 Any employee who is subpoenaed by any court of law to serve on a jury, or act as a witness for the crown (but not in his own defense), shall be paid for all regular hours of work missed while serving on said jury, provided the employee:
a) Produces the subpoena, if requested to do so by the Company;
b) Pays to the Company all jury duty fees and witness fees {not expenses);
c) Reports to work when not required to sit on the jury or act as a witness.
Article 14- HEALTH AND SAFETY:
14.01 The Company will make reasonable provision for the safety and health of its employees during the hours of their employment. Such protective devices as the Company requires to be worn and other equipment which, in the opinion of the Company, is necessary to protect the employees from injury, shall be provided by the Company, excluding safety protective footwear. There shall be a one hundred dollar ($100.00) payment per two (2) years as reimbursement (upon presentation of a receipt) for the purchase of protective safety footwear for those employees required to wear same.
14.02 There shall be a! joint safety and health committee comprised of two (2) representatives selected by t~e Union and two (2) by the Company. This committee shall meet as required, but not : more often than monthly. The committee shall make recommendations to the coritpany and assist in the promotion and enforcement of safe working practices. Commi\tee members shall not lose regular earnings as a result of serving on the safety coii1Ip.ittee. A worker conunittee member and a Management committee member will rota~e the position of committee co~chair. ·
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14.03 The Company sh~ll continue its existing practice regarding the supply of work gloves and other working clbthing. Limits to such supply shalt be· set by the Company and old articles must be ~ed in before new articles are provided. The Company will maintain the allowance of $45.00 per employee per year and will continue to administer the payments in accordance ;with past practice. Maintenance of such articles will be the responsibility ofthe employ~e, but the articles will remain the property of the Company.
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14.04 An employee hurl in an industrial accident while performing his normal duties I •
and who is sent home by hi~ supervisor, or by outside medical advice, shall be paid for regular working time.lost fo1r the balance of the regular shift on which he was injured at his regular hourly earnings.
14.05 The Company $all continue to assist employees in properly filling out Ontario Workplace Safety ~d Insurance Board claim fonns. A completed WSID Form 7 (Employer's Report of Acci~ent) and attachments will be given to the employee.
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14.06 The Company sfiall provide transportation for the employees during their shifts, when an accident or Jndustrial sickness requires medical treatments. It is not the intent of the above provisio~s to make the Company responsible for the payment of such time and transportation, w~ich is compensated by the Workplace Safety and Insurance Board.
14.07 Two (2).
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The Union shall!Jlave the right to initiate grievances on safety matters at Step !
14.08 The Company, t'Q.e Union, and all employees agree to cooperate in providing a safe and healthy environme~t. and therefore believe in observing and enforcing the safety rules and regulations. BothjParties agree to abide by the Occupational Health and Safety Act as amended from time to time, and the regulations thereunder.
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14.09 One certified wbrker member will be permitted to attend all accident and incident investigations inv~lving workers covered by the JHSC. All accident reports generated by the Company or by worker representatives shall be provided to the committee, within a rcason~ble period oftime.
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14.10 The following procedure will be implemented should the Government of Ontario amend the current Occupational ~ealth and Safety Act and remove or weaken the "Right to Refuse or to Stop Work where Health or Safety is in Danger" clause in said Act.
An employee who has reason to believe that he is being required to perform a job in conditions that may endanger himself or another employee may refuse to perform such job until such time that the situation is satisfactorily resolved with his supervisor; failing this, until a decision is reached by one ofthe following:
- two (2) JHSC representatives (i.e. one (1) from the Company and one (1) from the Union);
- a third party mutually agreed to by both the Company and the Union; · - or the appropriate Department of Labour representative;
in that order.
The empl9yee will be required to perform other assigned work while. the above procedure IS m progress.
Article 15- HOURS OF WORK
15.01 This article defines hours of work, and shall not be considered as being a guarantee of working hours during any day or week, nor shall it be a guarantee of days to be worked during any week.
15.02 The regular work week for employees working on a five (5) day operation, will consist of forty (40) hours per week to be worked in five (5) days of eight (8) hours worked each. Employees shall receive two (2) continuous days off. Employees will be allowed a one-half(l/2) hour meal period and two (2) paid ten (10) minute rest periods to be taken, one in each half shift. The policy of paid meal periods shall be continued for shift workers.
15.03 The regular work week for employees on continuous operation (rotating shift) will consist of thirty-six (36) or forty-eight ( 48) hours per week The continuous operation employees will be allowed a one-half (112) hour meal period and two (2) ten (1 0) minute rest periods in the first eight (8) hours, and a twenty-five (25) minute meal/rest period in the remaining four (4) hours of the shift. The policy of paid meal periods shall be continued for shift workers.
15.04 The continuous operation may be cancelled by the company on giving thirty (30) days' notice to the Union, or such shorter notice as may be agreed to by the Union.
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15.05 The Company undertakes to communicate and discuss with the Union any changes proposed by the Company in the working schedule which the Company expects will apply for a period exceeding two (2) weeks before such a change becomes effective.
15.06 The Company will consider seniority when making shift changes.
Article 16 - OVERTIME
16.01 For employees working on a five (5) day operation, all authorized hours worked in excess of the regular daily or weekly hours, but not both, shall be paid for at time and one-half (1-1/2) the employee's regular hourly rate of pay, if forty (40) hours have been worked in the week.
16.02 For employees working on continuous operation (rotating shift), all authorized hours worked during day off shall be paid for at time and one-half(1-112) the employee's regular hourly rate of pay, if the scheduled hours in that work week have been fully worked.
16.03 Employees shall be paid, if the scheduled hours in that work week have been fully worked, at the rate of double (200%) the employee's regular rate for:
All authorized time worked in excess of twelve (12) consecutive hours;
All authorized time worked on a Sunday scheduled off;
All authorized time worked on a paid holiday as defined in Article 19.0 1.
16.04 All overtime hours at either one and one-half (1-112) or double (2) time shall be paid once only for hours worked and shall not be pyramided; and will be paid under one provision only.
16.05 Overtime shall be distributed as equally as practicable among the employees normally performing the job on which the overtime is required. Overtime refused will be considered as overtime worked for the pmposes of an equal distribution of overtime opportunities. Overtime distribution records will be adjusted quarterly. Notice of overtime will be given as soon as practicable.
Forepersons of each department will maintain an up-to-date list of the acceptance and the refusals by employees of overtime opportunities. These lists will be available at any time for the consultation by the Union or the employees concerned in the presence of a Company representative. The overtime records for each employee will be reviewed weekly by the Production Manager or his representative and the Union President.
• • 18
If the Company is shown to have erred in the distribution of overtime, then the remedy shall be to offer overtime opportunity and no payment of money will be claimed or made.
16.06 Employees shall have the option of either receiving their pay as outlined in Article 21.08 of the agreement, or have automatic deposit to their bank. ·
Article 17- BULLETIN BOARDS:
17.01 The Union may use a separate enclosed bulletin board for the posting of Union notices, provided all material has received the prior approval of the plant manager, _or his designate. The Union shall receive a key to access the bulletin board and the Company will provide a larger bulletin board for Union use. The bulletin boards will be located beside the punch clock.
Article 18- REPORTING FOR WORK AND CALL-IN:
18.01 Where an employee reports for work and is prevented from working because of weather conditions or other circumstances beyond the control of the Company, he will be paid four ( 4) hours at his regular rate of pay.
18.02 An employee who is called to work after completing his regular shift and leaving the Company premises, shall be paid at overtime rates for the work done on a call-in basis and guaranteed at least four (4) hours work or four (4) hours pay at regular rate, except when the call-in is prior to the employee's regular starting time, in which case the overtime rate applies only up to the regular starting time. Such employee will be required to attend to the repairs, a.S well as to perform any immediate maintenance tasks on other machines or equipment if urgently required.
Article 19- PAID HOLIDAYS:
19.01 The following days will be considered as paid holidays, namely:
New Year's Day Day After New Year's Day Good Friday Victoria Day Dominion Day Labour Day Thanksgiving Day Full Shift Before Christmas Day Christmas Day Boxing Day Full Shift Before New Year's Day
• • 19
A personal floater will be granted, upon completion of five (5) years of service, as arranged with the plant manager or his designate. A second personal floater will be granted upon completion of ten (10) years of service. A third personal floater will be granted upon completion of fifteen (15) years of service. The employees qualifying on a twelve (12) hour shift on any of the three (3) floaters shall receive twelve (12) hours paid for the floaters qualified for under 19.01. Such request must be made at least forty-eight ( 48) hours ahead of the t~e desired, and the answer will be given at least twelve (12) hours before the time requested if practicable. Floaters may be used as sick days, with the provision of a medical certificate acceptable to the Company.
Continuous operation employees shall get the basic eleven (11) paid holidays.
Holiday payment for employees on seven (7) day continuous operation will be as follows:
1) Employees scheduled to work on the holiday will be paid twelve (12) hours at the straight time rate.
2) Employees not scheduled to work on the holidays will be paid eight hours at the straight time rate.
19.02 To be eligible to receive pay for a holiday, an employee shall:
a) Have completed the probationary period of employment;
b) Have worked the last full shift immediately preceding and the first full shift immediately succeeding a holiday (except where laid off ten (10) working days before or after the paid holiday), unless some other arrangement is made satisfactory to the Company, or unless the absence on either or both of the said days only, was due to certified personal illness which commenced not more than ten (10) days prior to the holiday.
c) No payment for a holiday will be made under 19.02 b) above if an employee is receiving worker's compensation or weekly indemnity payments.
19.03 If any of the above holidays falls during an employee's vacation, the employee will be granted another day off with pay within thirty (30) days.
• • 20
Article 20- VACATIONS:
20.01 Vacations with pay will be granted by the Company in accordance with plant seniority within the department as follows:
a) One (1) year of continuous service two (2) weeks
b) Five ( 5) years of continuous service three (3) weeks
c) Ten (10) years of continuous service four (4) weeks
d) Twenty (20) years of continuous service five (5) weeks
20.02 For the purposes of vacation only, continuous service will be calculated as of June 30th each year in accordance with the Employment Standards Act.
20.03 Payment for vacations will be at two percent (2%) of an employee's gross earnings (but not including the previpus year's vacation pay) during the vacation year for each week of vacation to which he is entitled. Employees shall receive their vacation pay immediately prior to their departure on vacation if vacation is taken in multiples of full weeks. All vacation pay must be issued by March 31st in any year.
20.04 Employees with less than one (1) year of continuous service as of June 30th will be paid four percent (4%) of gross earnings in lieu of vacation.
20.05 Employees terminating their employment shall receive their applicable vacation pay to which they would be entitled for that year.
20.06 If more than one (1) employee per classification (or one per machine group for line technicians on High Speed Lines and Plastic Department) per shift wants the same time off for vacation purposes, then the senior employee per classification shall be given the preference in accordance with operating requirements. Non-bargaining unit employees will not be included in setting the number of employees per classification to be off on vacation at the same time. A maximum of four (4) employees per shift from packer or general classifications including one (1) floater per shift will be allowed off on vacation at any one time; From the Machine Groups 1, 2 and 3 one (1) employee per group plus one floater from all three (3) groups will be allowed off on vacation at any one time. From Machine Groups 4, 5, 6, and 7 only one (1) employee from all four (4) groups and one (1) floater from all four (4) groups will be allowed off on vacation any one time.
20.07 If the Company is going to use a plant shutdown for vacation purposes, the employees shall be informed of the time of such shutdown by May 1st of the year. The vacation schedule shall be finalized by May 31st of the year.
• • 21
Article 21- CLASSIFICATION AND RATES OF PAY:
21.01 There shall be a premium of$1.10 per hour paid for all authorized hours on a Saturday (i.e. 12:01 am to 11:59 p.m.) and a premium of$1.60 per hour for all authorized hours on a Sunday. This shall be in addition to the regular rates of pay and shall not be included in any overtime calculations.
21.02 The Company will classify employees and pay hourly rates in accordance with the following and such rates will be retroactive for all hours paid back to January 11> 2001.
• • 22
21.02(a) HOURLY RATE- Effective January 11, 2001
Classification Category B or Category A or Licensed or Trainee Levell Level2
21.03(a) All employees in "B" categories shall proceed to "A" categories after 1000 hours of work in the "B" category.
21.03(b) Employees in the maintenance, machinist and electrician classifications, to achieve the top rate, must have a provincial license or have completed five (5) years at the service of the Company in any of the said classifications.
21.03(c) Employees in the line technician classification, as per the Line Technician Development Program will serve a maximum of six thousand (6000) hours in total, before achieving Level 2.
Capping & Automatic Packer Press, Automat, Hot Label, Tork-Pack, Washing Unit
Tork-Pack, Pre-Assembly, Robot and Packer Injection Moulding
In 21.03(b) and (c) above the Company may advance employees to the top rate in less time, at its sole discretion.
21.03(d) Employees assigned as C.N.C. Programmer/Operator or as C.N.C. Operator will be paid a premium of fifty cents ($0.50) per hour and twenty-five cents ($0.25) per hour respectively over the current machinist rate for each hour so assigned.
21.03(e) Line technicians who have completed Level 2 in their first machine group, will receive ($0.35) per hour for each level they attain in a second and third machine group, as per Letter of Understanding on Line Technician Development Program. These. additional amounts will be paid to line technicians who are qualified at Level 1 or Level2 as the case may be, for all hours worked, on the understanding that they are willing to utilize this additional know ledge and ability in the plant.
21.04 The above job titles are descriptive only, and employees will be required to perform related and assigned tasks.
21.05 Should there be any new classifications initiated during the term of this collective agreement, then they will be discussed with the bargaining committee before being put into effect. The rate of pay shall reflect the. rates of pay in the existing agreement.
21.06 The Company may select Master Technicians from the bargaining unit. The Company shall pay one dollar ($1.00) per hour in addition to regular rates, for all hours worked as a Master Technician. Other employees assigned as Lead Hands shall receive a premium of thirty-five cents ($0.35) per hour in addition to regular rates, for all hours worked as a Lead Hand. Lead Hand selection will be from the bargaining unit.
• • 26
21.07 Employees who have worked thirty-nine and one-half (39-1/2) hours in a week shall be paid an attendance bonus. An employee shall not lose this attendance bonus if the plant is closed by the Company due to temperature extremes, etc., or if a paid holiday, including a floater, occurs during the week. The attendance bonus shall be:
(For 5 Day Operation)
$ 4.00 per week for shift No. 1 (day shift);
$ 8.00 per week for shift No.2 (afternoon shift);
$10.00 per week for shift No.3 (night shift);
(For Continuous Operation)
$ 6.00 for a thirty-six (36) hour week;
$10.00 for a forty-eight (48) hour week.
with the same considerations applying, the required number of hours to qualify will be within one-half (1/2) hour to the scheduled weekly work week (i.e. thirty-five and one half(35-l/2) hours or forty-seven and one half (47-112) hours respectively.
21.08 Pay cheques shall normally be issued to the day shift on Wednesdays at 4:00 p.m. and to the night shift at 10:00 p.m. on the same day. These times shall be on a Thursday when a paid holiday occurs in the week, but shall not be guaranteed if problems occur beyond the control of the Company.
Employees shall have the option of either receiving their pay as outlined in Article 21.08 of the agreement, or have automatic deposit to their bank.
21.09 Incentives Programs: The Company will agree to have meaningful discussions with the Union regarding the installation of any such programs, and the Union will be given an opportunity to participate in the development of such programs.
Article 22- INCAPACITATED EMPLOYEES:
22.01 Employees who are physically diminished or incapacitated can, following mutual agreement between the Company and the Union, be exempted from the provisions regarding seniority and wage rates. The Company will make every reasonable effort to return handicapped employees to their pre-injury job or, where this is not possible, to another job as is available. The Union will make recommendations concerning this return to work.
• • 27
22.02 The Company will recognize one (1) employee who is selected by the Union as a Workers Compensation representative.
Article 23 - GENERAL:
23.01 It shall be the responsibility of the employee to keep the Company informed, in writing, of the employee's current address and telephone number. Such provisions as Article 10.03 and 20.05 are conditional on this.
23.02 The Company and the Union desire that the provisions of this agreement and the rights and the duties under it be familiar to each employee. For this reason, the Company will have the agreement printed in pocket-book form, in English and French, and will give a copy to each employee; twelve (12) copies to the International Representative, and twenty-four (24) copies to the Union. When there is conflict in regards to the terms of this agreement, the English text will prevail. To this end, the cost of such booklets shall be paid for by the Company. The French dran shall be given to the Union for checking before going to the printer. This shall be done within sixty (60) days after signing the new collective agreement.
23.03 The Company agrees to deduct on a weekly basis the sum of one (1) cent per hour from the wages of all employees in the bargaining unit for all hours worked, and prior to the fifteenth (15th) of the month following, shall pay the amount so deducted to the Humanity Fund and shall forward such payment to the United Steelworkers of America, National Office, 234 Eglinton Avenue E., Toronto, M4P 1K7, and shall advise in writing both the Humanity Fund at the above 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. It is understood and agreed that participation by any employee in the bargaining unit in the program of deductions set forth above, may be discontinued by any employee in the bargaining unit after the receipt by the Company and local Union of that employees written statement of his desire to discontinue such deduction from his pay.
23.04 During the 1994-1995 negotiations, the subject of technological change was discussed and the Company agree to the following:
a) To provide the Union as much advance notice as possible, prior to the introduction of technological change.
b) To work with the Union to ensure the least adverse effect on·employees when introducing technological change. An employee affected by technological change shall be trained according to the changes affecting their job, provided he/she has the basic skill and ability.
. ' • • 28
23.05 ht the event that the Company decides to use testing as a means to establish the suitability of employees for various positions, the method and type of testing shall be discussed with the Union prior to implementation. It is agreed that all such testing must bear a reasonable practical relationship to the work to be done, and that employees will be allowed a reasonable period of time to prepare for the test.
23,06 The Company agrees to consult with the local Union President and one (1) other employee selected by the Union regarding training programs.
23.07 The Company agrees to provide proper training in the use of the wet-bulb thermometer and the effects of heat stress to the worker members of the JHSC.
Article 24 - GROUP INSURANCE BENEFITS:
24.01 a) The Company shall pay 100% of the premium cost of life insurance coverage and A.D. & D. coverage for each employee, along with dependent insurance (no A.D. & D~), and weekly indemnity coverage which shall remain at the present UIC maximum of. 57% of regular earnings per week on a 1-4-37 formula (Note: Along with the U.I.C. benefits); and extended health care coverage including a vision care plan. Adrilinistration of these plans shall be in accordance with the agreement with the carrier. The amount of prescription glasses in the vision care plan shall be $185.00 per person, effective March 23, 2001 for the duration of the collective agreement.
The life insurance coverage shall be, effective March 23,2001:
Employee Spouse Child
$30,000.00 $10,000.00 $ 5,000.00
The A.D. & D coverage shall be in the same as the life insurance coverage and for employees only.
b) Long term disability: Effective March 23, 2001, $1200.00 per month for a maximum of three (3) years of payment. Disabled is defined as a complete and uninterrupted disability cause by a non-occupational sickness or injury which prevents the employee from engaging in the tasks of his own occupation during the first twenty-four (24) months of payment and in any occupation, either in the Company or elsewhere, for which he is qualified by education, training or experience for the rest of the benefit period. The benefit becomes payable after the greater of thirty-seven (37) weeks if the employee does not quality after such period to receive EI (Employment htsurance) benefits, or the total of thirty- seven (37) weeks and the period during which the employee does qualify to receive EI benefits. '
• • 29
24.02 Weekly indemnity coverage for 8~hour shift employment shall be:
a) Payment under the Company policy commenced on the first day of non~ compensable injury or hospitalization and on the fourth (4th) day of illness;
b) Employees after the first two (2) weeks of claim then go under U.I.C. benefits to .which entitled, for a period of fifteen (15) weeks' payment;
c) After the above seventeen (17) weeks, employees will then receive payment under the Company policy for a further thirty-five (35) weeks;
d) For all fifty-two (52) weeks of coverage, payment shall be at a minimum of 57% of an employee's regular earnings or to the U.I.C. maximum, whichever is greater.
e) There shall be an arrangement whereby the Company shall prepay weekly indemnity for employees who have used up their U.I.C. benefits;
f) The Company agrees to review any situation where an employee is denied WI benefits, with the employee and the carrier. The Company will assist employees in completing forms for insurance, when required.
24.03 Drug Card:
a) A drug card will be issued to each employee covering the employee and his/her dependent(s). Employees will be authorized to use the drug card at a designated location in Hawkesbury, Lachute and Buckingham. If it becomes necessary to change the supplier, this will be discussed between the Company and the Union.
b) There will be a $2.00 deductible for each prescription purchased to a maximum coverage of $2000 per year of the collective agreement. Thereafter, the existing system of reimbursement for drugs will apply.
c) Generic drugs will be first choice.
d) The current system of reimbursement will be maintained and the deductible will not apply.
24.04 Employees no longer on the active payroll shall have premiums paid on their behalf as follows:
a) To the end of the last month worked in cases oftermination;
b) To the end of the month following the last month worked in cases oflay~off;
11-22-91 16:32 u.s.w.A. KINGSTON
• ' '
10=613546131~
• 30
c) To the end of a! 12-month period after the last month worked in cases of sic.kness or accident l
Artitle 2S - DENTAL:
25.0 I The Company s~all provide a dental benefit for bargaining unit employees. From ratification to January t2.002, the 1999 ODA will be used. The 2000 ODA schedule will be used effective Janua}y 1, 2002. The 2001 ODA schedule wlll be used effective January 1, 2003. The dfntal plan shall include a false teeth coverage at 50% reimbursement, up to a maxiplum of$600.00 per person, once every five (5) years.
Effective March 23, 2001, the dental plan will be amended to include coverage for root canals and partials.
i I I
Article 26- PENSION PLAN: ! I
All eligible employees covqred by this coJlective agreement shal1 be enrolled in a noncontributory pension plan.: However, all rights of any plan member and plan interpretation are governed: solely by the official plan text. Subject to this, the plan provides a normal retirem~t benefit of $15.00 per month for each year of credited service after January l 1, 11998, for a maximum of thirty-five (35) years for eligible employees. Effective Mardh 23, 2001. the normal retirement benefit will be $20 per, month for each year of crediked service after January 1, 1993. "Credited service" includes leave of absence under on~ (1) calendar month. and the STD (short term disability) period.
Article 27- DURATION: ' i
27.01 This agreement Fhich supersedes all others, written, expressed or implied, shall continue in full force and effect f:ro:m and including the 11th day of January 2001 to . ' and including the 1Oth day ~of January, 2004. Unless either party notifies the other of its desire to amend or terminate the said agreement, it shaH continue in effect from year to year thereafter.
i
27.02 Notice that eithet party intends to amend or terminate this agreement may only be given during a period of rot more than ninety (90) days preceding January 10, 2004, or any succeeding anniversary Fate.
.1:".~4
• • Signed at Hawkesbury, Ontario thlsd--3fay of f\)-o.J .,., 2001.
Hugo St. Pierre Human Resources Manager
Gilles Fournier Production Manager
Betty Jean Pilon President
:De 1111 Thibodeau Director ofFina:Qce
For the Union
~ Sylvain B:n t: President, Local 8952
Ginette Grandmaison.
David Lipton International Steelworkers Representative
Charlie Broomfield
31
.. • • 32
LETTER OF UNDERSTANDING #1 LINE TECHNICIAN DEVELOPMENT PROGRAM
1. CONTENT
This Letter of Agreement has been agreed to by the parties, in an effort to clarify how new employees and existing employees will enter and progress within the Line Technician Development Program. It is understood and agreed that the old job titles for the production trades positions will be replaced with the term "Line Technician". The Line Technician positions will be based on an individual learning the skill sets necessary to perform the required job responsibilities of a machine group, as set out below. The goal is to maximize the skills of each Line Technician so that production and quality, as well as employee job satisfaction, will be enhanced.
4 Press, Automat, Hot Label, Tork-Pack, Washing Unit 5 Coater, Printer, Over Lacquer, Filling Unit, Tork-Pack,
Washing Unit 6 Tork-Pack, Pre-Assembly, Robot and Packer
Plastic Department
7 fujection Moulding (All Machines)
2. LEVELS
TRAINEE
A Trainee is a new entrant who has entered the Line Technician Development Program for a particular Machine Group.
• • 33
LEVEL 1
A Level 1 is a former Trainee who has successfully completed 1,000 hours within the Development Program. Trainees will automatically progress to the Level 1 rate upon the completion of 1,000 hours within the Development Program for that Machine Group.
LEVEL2
A Level 2 is a Line Technician who has successfully completed Level 1 in a Machine Group, has then performed in the job in that Machine Group for 4,000 hours at Level 1, and has successfully demonstrated they possess and can perform the skill sets required according to the evaluation process. Employees who successfully complete the evaluation process at that time will move to Level 2 rate. Otherwise, the employee will move to the higher rate upon completion of 6,000 hours in the Development Program for that Machine Group.
3. NEW ENTRANTS INTO THE PROGRAM
Employees who are not presently Line Technicians will enter the program in accordance with Article 10 of the collective agreement. If there are no suitable applicants for entry into the Program in response to a job posting, new employees will be hired to enter the Program. Employees entering the Program in either case will be advised of the requirements to successfully complete the Program and thereby attain the required skill, knowledge and proficiency to become a Level 2.
4. TRAJNING TIMES
The maximum training period for a Machine Group is 720 hours for the new entrant. The training period may include in-class training and shall include on the job training doubleup with a trainer, and independent time on the job.
5. PAY
New entrants will receive the Trainee rate for a Line Technician until they have completed 1,000 hours within the Development Program for that Machine Group. They will remain at Level 1, until they have performed as a Level 1 for 4,000 hours in that Machine Group and can demonstrate and perform the skill sets required for Level 2 within that Machine Group according to the evaluation process, or upon completion of 6,000 hours in the Development Program for that Machine Group. Thereafter, they will receive the Level 2 rate.
• • 34
6. MOVEMENTTHROUGHTHEPROGRAM
The Company will utilize its training program to provide the requisite training and operating exposure to ensure that every new entrant has the opportunity to learn the skill sets necessary for the Machine Group to which they have been assigned. Once a new entrant has attained Level 2 in that Machine Group, they will then have the opportunity, if they so request, to learn other Machine Groups within their line. Scheduled hours of training will generally be offered on a seniority basis.
7. PLACEMENT OF NEW ENTRANTS WHO DO NOT COMPLETE THE PROGRAM
New entrants will be considered for permanent employment through the evaluation process and Article 8.05 of the collective agreement. Employees who have entered the Program from within the Company who are unsuccessful in attaining the required proficiency within the maximum training time as determined by the evaluation process (up to a maximum of 720 hours), will be placed back into their old job, if it is still available, or elsewhere according to their seniority and qualifications.
DEVELOPMENT OF EXISTING LlNE TECHNICIANS
1. New Training Opportunities
Line Technicians who have achieved Level 2 in their current Machine Group, and who have achieved Level 2 proficiency in another Machine Group, will be given an opportunity to express their interest in moving to the other Machine group where they have attained Level 2. When an opportunity is available, the Company will first assign those Line Technicians who have achieved Level 2 in that Machine Group and who have expressed interest in moving to that opportunity, by seniority. If no Line Technician Level 2 has expressed a desire to be transferred to the available Machine Group, the vacancy will be posted.
2. Development Opportunities
Line Technicians who have achieved Level 2 in their Machine Group may express interest in learning the skill sets necessary to attain Level 2 in another Machine Group within their line. Where such interest has been expressed, those Line Technicians will be assigned training opportunities on a seniority basis. Should such an employee be unsuccessful in attaining the required proficiency in that Machine Group's skill sets, they will be advised by the Company they are no longer in the Development Program for that Machine group. However, that employee may still express an interest in learning another Machine Group within their line, or may continue the Development Program if they have already started one in another Machine Group. The Union will be informed of such as welL
• • 35
3. INCUMBENTS
The parties understand and agree that evaluations will take place during the life of the collective agreement, that some existing Line Technicians in a production trade who are presently at the top rate may not achieve the necessary proficiency in the required skill sets in their Machine Group. These employees will receive targeted training as necessary. The parties have agreed that as part of the transition to this new system, such employees will continue to receive their rates as per collective agreement, and will be assigned to work within a line in accordance with their ability. No incumbents will be removed from their job as a result of the implementation of the Line Technician Development Program.
Evaluations will be completed within six (6) months following the ratification of this agreement, and thereafter, the Company will provide the Union with a list of where all existing employees within the current production trades fall within the two {2) levels in their Machine Groups.
Note: "Incumbents" shall mean all persons who entered a production trades classification prior to January 1, 1994.
4. RATES OF PAY
The following rates will apply to the Line Technician classification for a Machine Group:
Effective on:
January 11, 2001 January 11, 2002 January 11, 2003
Trainee
$14.12 $14.40 $14.69
Levell
$15.78 $16.10 $16.42
Level2
$17.09 $17.43 $17.78
In addition, Line Technicians who successfully complete a level in another Machine Group will receive thirty-five cents ($0.35) for each Machine Group. Line Technicians are expected to perform all of the duties and responsibilities for which they are qualified in order to be paid at the full level of compensation which they have reached.
. . • • 36
5. EVALUATIONS
Any evaluations conducted for the purposes of this Development Program will be conducted using consistently the Evaluation Process. Evaluation will be conducted in a fair· and equitable manner, and the Union will continue to be given meaningful opportunities for input into this process. Such evaluations will be relevant to the training and work exposure received.
Signed at Hawkesbury, Ontario ~day oft! rJJ ZOO 1.
Hugo St. Pierre Human Resources Manager
Production Manager
-qflh Betty Jean Pilon President
For the Union
~~ y~ette . President, Local 8952
Ginette Grandmaison
David Lipton International Steelworkers Representative
~-/;, """* ~ ltemwel Thibodeau Director of Finance
Charlie Broomfield
11/22/2001 00:13 613-632-9638 MONII:.J:SI:.LLU
..
.. • LETTER OF UNDERSTANDING #2
WORKING FOREPERSONS.
• During the 1994-1995 negotiations, the parties agreed to reduce the number ofworklng forepersons under Article 1.02 from nine (9) to five (5) and the Company has provided a list of these persons to the Union. The parties further agreed that-the l~ng term goal is to further reduce the number of working forepersons covered by Article 1.02 of the collective agreement.
In this regard, the parties reached certain agreements regarding Andre Boucher and Sylvain Boucher.
1) They may continue to work in their present assigrunent as Master Technicians.
2) They will not be covered by the collective agreement.
3) Should either leave their present positions for more than six (6) months, their positions would be replaced by a bargaining unit employee.
4) Neither will issue discipline or exercise any supervisory authority while in the position ofMaster Technician.
5) The retention of the two Boucher's will not result in a lay-off of any bargaining unit members provided those bargaining members have the presen.t skill and ability to perform the required work as Master Technician ..
Vlith respect to Roger Malette, it was agreed that his position and circumstances will remain the same, Vfith the exception of punching a time-card, even though the Company believes he is perfonning a non-bargaining unit job.
Finally, it was agreed that Claude Lavigne would return to the bargaining unit where he would continue with his current position and circumstances, with the exception of punching a time-card.
The parties have reached these understandings in the spirit of providing a mutually satisfactory transition form the former method of managing the workplace.
The following '"working forepersons" a:re excluded from. the bargaining unit pursuant to . Article 1.02:
1. Guy Dallaire 2. Ronald St-Denis 3. Sylvain Boucher 4. Andre Boucher 5. Gilles Rousson
•
..
V...,J.C.. ...IV••··"·•"'
• • Signed at Hawkesbury, Ontario this 23rd day of November, 2001.
Human Resources Manager
Gi es Fournier Director of Manufacturing
Betty Jean Pilon President
Director of Finance
For the Union
~==-Sylvain Brunette President, Loca18952
Ginette Grandmaison
David Lipton In.ternational Steelworkers Representative
Charlie Broomfield
•
.. • • 39
LEITER OF UNDERSTANDING #3 SPARE-LIST EMPLOYEES
The parties recognize the need for a spare list of individuals to be used for the replacement of short-term absenteeism and where they are necessary to maintain production requirements.
1. The Company will maintain a spare list consisting of a maximum of twenty (20) people at any one time, who may be called into work on an as-needed basis.
2. The persons on this list shall be offered priority of work as follows:
a) where the Company expects the work to last less than one (1) week:
i) to qualified employees from the bargaining unit whose names appear on the spare list;
ii) to seniority employees in accordance with Article 16.05; iii) to all other persons in whos~ names appear on the spare list
according to the time they have been on the list, and their qualifications to perform the work efficiently.
b) Where the Company expects the work to last one week or more:
i) to qualified employees from the bargaining unit whose names appear on the spare list;
ii) to all other persons whose names appear on the spare list according to the time they have been on the list, and their qualifications to perform the work efficiently;
iii) to seniority employees in accordance with Article 16.05; iv) the phrase ''where the Company expects the work to last one week
or more" shall mean where the Company has advised the Union of such an expectation and the reason, prior to the commencement of the work, where feasible.
3. A spare list person shall not regularly be scheduled to work more than twentyfour (24) hours a week. A bargaining unit employee who is on the spare list as a result of lay-off, may be scheduled to work greater than twenty-four (24) hours per week on a regular basis.
. . • • • 40
4. Employees from the bargaining unit shall mean and include any person who has worked more than twenty-four (24) hours in any four (4) weeks out of a seven (7) week period and who has subsequently completed the probationary period set out in Article 1 0.01. For the purpose of calculating the probationary period, the commencement point shall be deemed to be the first day of the seven week period.
5. Once a person has met the criteria set out in Paragraph 4 above, they become employees in the bargaining unit with seniority for all purposes of the collective agreement, including without limitation Articles 24, 25, and 26.
6. Where work that would be normally performed by a spare list person will be for greater than one week on day shift only, employees (excluding trades and Line Technicians) will be asked if they wish to be transferred to this work while it is available. Such opportunities will be offered on a seniority basis, and the positions of any bargaining unit employees so transferred will be filled from the spare list.
7. The Union will be informed on a monthly basis of the names and hours of spare list employees.
8. Bargaining unit employees who are laid-off will be offered the opportunity to go on the spare list. Any such employees will have priority over people on the spare list. Where laid-off bargaining unit employees go on the spare list, regular spare list people will have their name(s) removed from the list until such time as a spot opens up as a result of recall or otherwise.
9. These persons will have priority for any full-time vacancies which may arise in the bargaining unit according to the time they have been on the list, and their qualifications to perform the work efficiently.
Signed at Hawkesbury, Ontario this) 3 day of k.Jou. , 2001.
For the Union
~go St. Pierre ~ Human Resources Manager President, Local 8952
•..
•
Gilles Fournier Production Manager
.~!r Betty Jean Pilon President
~.I Bern&S.rhibodeau Director of Finance
• 41
Ginette Grandmaiso
David Lipton International Steelworkers Representative
Charlie Broomfield
• •
March 23, 2001
Mr. David Lipton Representative
•
United Steelworkers of America 250 Main Street East Hawkesbury, Ontario K6A2R4
Dear Mr. Lipton:
• 42
For monthly meetings of the local Union, the Company will allow up to four ( 4) members of the local Union Executive off work at one time as long as there are not more than two (2) persons per departnient on the same shift. These maximums may be increased by one (1) depending on the shift and on production needs.
Yours truly,
Hugo St. Pierre Human Resources Manager
•
March 23, 2001
Mr. David Lipton Representative
•
United Steelworkers of America 250 Main Street East Hawkesbury, Ontario K6A2R4
Dear Mr. Lipton:
• 43
Montebello Packaging will assess the holding of an employee anti-harassment course for emplo s following a review by the Company of the course material.
