. , ••• COLLECTIVE LABOUR AGREEMENT Between: Bryan Donkin RMG Canada Limited. 50 Clarke Street South, Woodstock, Ontario. (hereinafter called "The Company") JAN 2 7 2006 COLLECTIVE BARGAINING INFORMATION SERVICES National Automobile, Aerospace, Transportation and General Workers Union EMPLOYER of Canada (CAW-Canada) and it's Local636. (hereinafter called "The Union") TICLE 1 - PURPOSE OF AGREEMENT It is mutually agreed that the purpose and intent of this agreement is to promote cooperation and harmony between the Employer, the Employee and the Union, and to secure for the parties the full benefits of orderly Collective Bargaining, to recognize mutual interest and to provide a channel through which information and problems may be transmitted from one to the other, and to provide an amicable method for the prompt disposition of all grievances, to eliminate interruption of work and interference with the efficient operation of the Company's business, and to set forth the conditions of employment and wages to be observed by the Employees, the Union and the Company. The Company in the administration of the Collective Agreement, and the application of their management rights, will endeavour to do so in a fair and reasonable manner. In this Agreement, words using the masculine gender include the feminine and neuter; the singular includes the plural, and the plural, singular where the text so indicates. ARTICLE 2 - RECOGNITION 2.01 The Company recognizes the Union as the exclusive Collective Bargaining agent for all regular plant employees at it's plant location at 50 Clarke St. South, Woodstock, Ontario, save and except foremen/supervisors, persons above the rank of foreman/supervisor, office staff, plant clerical staff, sales staff, technical staff (such as work measurement staff, laboratory staff, metallurgical staff, quality control staff), engineering staff (such as professional engineers, engineering technicians, designers, draftsmen), and persons regularly employed for not more than twenty-four (24) hours per week, and students employed during any school vacation periods. 2.02 The words "employee" or "employees" when used in this Agreement shall mean only such regular plant employees as are included in the Bargaining unit as defmed in Clause 2.01. 2.03 Employees defined in Clause 2.01, not in the bargaining unit, persons employed for not more than twenty-four (24) hours per week, students employed during any school vacation periods, and supervisors, excepted, shall not perform any work which is recognized as work of the bargaining unit, except for the purpose of instruction, experimenting or in emergencies. The supervisor, will keep the appropriate Union representative informed as to the nature and reason for such work being performed. 2.04 The Company agrees that, students and persons employed for not more than twenty-four (24) hours per week, will not be employed in work normally performed by regular plant employees, if regular plant employees are laid off. Page I of 1
Transcript
. , ••• COLLECTIVE LABOUR AGREEMENT
Between: Bryan Donkin RMG Canada Limited. 50 Clarke Street South, Woodstock, Ontario. (hereinafter called "The Company")
JAN 2 7 2006
COLLECTIVE BARGAINING INFORMATION SERVICES
1----~-~~~~pd: National Automobile, Aerospace, Transportation and General Workers Union
EMPLOYER
of Canada (CAW-Canada) and it's Local636. (hereinafter called "The Union")
TICLE 1 - PURPOSE OF AGREEMENT
It is mutually agreed that the purpose and intent of this agreement is to promote cooperation and harmony between the Employer, the Employee and the Union, and to secure for the parties the full benefits of orderly Collective Bargaining, to recognize mutual interest and to provide a channel through which information and problems may be transmitted from one to the other, and to provide an amicable method for the prompt disposition of all grievances, to eliminate interruption of work and interference with the efficient operation of the Company's business, and to set forth the conditions of employment and wages to be observed by the Employees, the Union and the Company. The Company in the administration of the Collective Agreement, and the application of their management rights, will endeavour to do so in a fair and reasonable manner.
In this Agreement, words using the masculine gender include the feminine and neuter; the singular includes the plural, and the plural, singular where the text so indicates.
ARTICLE 2 - RECOGNITION
2.01 The Company recognizes the Union as the exclusive Collective Bargaining agent for all regular plant employees at it's plant location at 50 Clarke St. South, Woodstock, Ontario, save and except foremen/supervisors, persons above the rank of foreman/supervisor, office staff, plant clerical staff, sales staff, technical staff (such as work measurement staff, laboratory staff, metallurgical staff, quality control staff), engineering staff (such as professional engineers, engineering technicians, designers, draftsmen), and persons regularly employed for not more than twenty-four (24) hours per week, and students employed during any school vacation periods.
2.02 The words "employee" or "employees" when used in this Agreement shall mean only such regular plant employees as are included in the Bargaining unit as defmed in Clause 2.01.
2.03 Employees defined in Clause 2.01, not in the bargaining unit, persons employed for not more than twenty-four (24) hours per week, students employed during any school vacation periods, and supervisors, excepted, shall not perform any work which is recognized as work of the bargaining unit, except for the purpose of instruction, experimenting or in emergencies. The supervisor, will keep the appropriate Union representative informed as to the nature and reason for such work being performed.
2.04 The Company agrees that, students and persons employed for not more than twenty-four (24) hours per week, will not be employed in work normally performed by regular plant employees, if regular plant employees are laid off.
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ARTICLE 3 . - MANAGEMENT RIGHTS
3.01 The Union recognizes and acknowledges that the Management of the plant and direction of the working force are fixed exclusively in the Company and, without restricting the generality of the fore-going, the Union acknowledges that it is the exclusive function of the Company, to operate and administer its affairs, to direct the working force, to plan, direct, and control operations, to schedule working hours, to determine the number of employees to be employed, and the right to hire and select employees from any source, promote, demote, classifY, transfer, rehire, retire under the terms of the Collective Agreement, discipline, suspend or discharge employees, the right to make, enforce, and alter, from time to time, reasonable rules and regulations covering the operations, a violation of which shall be among the reasons for discipline or discharge for just cause, and release employees because of lack of work, to determine the nature and kind of business conducted by the Company, the kinds and locations of plants, equipment, product components, parts and material to be used, parts, components, products, materials, services and equipment purchased, the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of production, and the right to introduce new and improved standards or facilities, the right to establish and change occupational production standards, the right to institute, change or cancel incentive or bonus plans, to determine the extension, limitation, curtailment or cessation of operations or any part there of, and to determine and exercise all other functions and prerogatives, which shall remain solely with the Company, and to manage the operations is vested exclusively in the Company.
3.02 The provisions of Clause 3.01 are subject to the expressed provisions of this Agreement; and provided they are not inconsistent with the terms of the Agreement.
ARTICLE 4 - UNION MEMBERSHIP AND CHECK-OFF
4.0 I All present regular plant employees, new hires and probationary employees, shall, as condition of employment, become and remain members of the Union, for the term of the Agreement.
4.02 Dues are defmed for the purpose of this Clause as the regular Union dues and initiation fees as prescribed by the Constitution of the Union.
4.03 . a) The· Company will, upon completion of an authorization card, signed by an employee, probationers, new hires and summer students covered by Clause 4.01 of this Agreement, for the duration of this Agreement, deduct from the pay cheque on a weekly basis, the regular weekly dues of such employees, and remit monies to the Financial Secretary of Local 636 of the National Union C.A.W. by the tenth (lOth) of the month following the month in which the dues were deducted.
b) If a regular employee, because of absence from work due to compensable or noncompensable sickness or injury, or approved leave-of-absence, has no earnings in any one (1) week, dues deductions shall be deferred to his next pay period subject to Clause 4:05 of this Agreement.
' c) Initiation fees shall be taken off on a different pay period than the dues deduction period,
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immediately after an employee has completed his probationary period summer students excepted who are exempt from initiation fees.
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4.05
d) The Company will, at the time of making each remittance, supply a list of the names of each employee from whose pay deductions have been made and the amount deducted for the month. Also the name and status of any employee from whom the Company has made no dues deduction.
The. Company agrees to supply the C.A.W. Local 636 with a quarterly list of employee names, address, phone numbers and postal codes including noting any changes in address, individuals who retire or terminate and new employees hired.
No deduction shall be made from the pay of any employee covered by Clause 4.0 l of this Agreement in any month, where such employee has worked less than a total of forty ( 40) hours.
Paid vacation days and Paid holidays will be considered as days worked.
4.06. The Company agrees to include on an employee's T -4 slip for Income Tax purposes, the total Union dues paid for the year excluding any initiation fees.
4.07 The Union agrees to indemnify and save the Company harmless against all claims or other forms of liability that might arise out of, or by reason of, deductions made or payments made in accordance with Article 4 of this Collective Agreement.
ARTICLE 5 - DISCRIMINATION
5.0 I The Company and the Union agree that they will not discriminate, coerce, restrain or influence any employee on account of Union membership or non-Union membership in any Labour organization.
5.02 The Union agrees that there shall be no Union activity of any kind during the working hours or on the premises of the Company at any time, except as specified in this Agreement.
5.03 In conformity with the Human Rights Code of Ontario the Company and the Union agree that they will not discriminate against any employee due to race, creed, colour, sex, nationality, sexual orientation, marital status, age or handicap.
ARTICLE6 - UNION REPRESENTATION
6.01 The Company acknowledges the right of the Union to elect a Plant Committee which shall be composed of three (3) Committeepersons, one of which will be the Plant Chairperson/WCB Representative. The ChairpersoniWCB Representative will work the day shift, and if necessary the other two (2) Committeepersons will rotate on the day shift and afternoon shift, only. In addition there will be Steward appointed when the night shift is in operation.
The Committeepersons and Stewards and Plant Chairperson at the time of their election must have been employees of the Company for at least six (6) months.
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The duty of the Committeepersons, Stewards or Plant Chairperson shall be to represent the employee(s) in the processing of grievances or complaints as outlined in the Grievance Procedure and Artie!~ .I 0, and deal with matters relating to the administration of the Collective Agreement.
For any WCB activity the Plant Chairperson/WCB Representative shall be subject to Clauses 6.03, 6.04 and 26.01 of the Collective Agreement.
6.02 The Union will inform the Company, in writing, the names of the Committeepersons, Steward{s), and Plant Chairperson and any subsequent change in the names of the Committeepersons, and Plant Chairperson, and the Company will not be required to recognize the Committeepersons, Steward(s) and Plant Chairperson until such notification from the Union has been received.
6.03 The Committeeperson, the Steward(s), the Plant Chairperson and/or grievor shall report to and . obtain permission from their supervisor or his representative, whenever it becomes necessary to
leave their work, for the purpose of processing grievances, as outlined in the Grievance Procedure. Such permission may be granted when, in the opinion of the Company, the production of the work area and/or plant is not unduly affected; such permission will not unreasonably be withheld. The Committeeperson, the Steward, the Plant Chairperson and/or griever shall report back to their supervisor, or his representative at the time they return to work
6.04 Company approved time off work by the Committeeperson, Steward, or the Plant Chairperson or the griever, processing grievances or complaints only, will be paid by the Company at normal hourly rate. It is agreed by the Union that only such time as is reasonably necessary will be consumed by such person during regular working hours in order to attend to in-plant Union business. The Union recognizes that cases may occur where the Company may need a reasonable period of time to provide· a replacement. He will advise the supervisor of his destination and general nature of his business and the time anticipated to transact such business.
6.05 The Committeepersons together with the Plant Chairperson shall form the Plant Committee for the purpose of meeting with the management for the administration of this Collective Agreement and Contract Negotiations.
6.06 The Union will be allowed to post, on a lockable bulletin board, provided by the Company, notices regarding meetings and matters pertaining only to the Union. Before posting the committee person affixing such notice shall clearly sign their name on the notice attesting that they have affixed the notice. The Union agrees that they will use this facility responsibly.
6.07 It is agreed that the Union, it's members or agents, shall not distribute or cause to be distributed any hand bills, pamphlets, literature or Union material detrimental to the Company on the Company premises or time, except for arrangements agreed to between the Union and the Company.
6,08 The Company will notify the Union in writing of the management personnel, and any subsequent changes in these names, who will be dealing with the administration of the Collective Agreement.
6.09 The President of the Local Union and/or a National Representative, will be entitled to be present at meetings with management when deemed necessary by the Plant Committee.
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6.10 When an employee wishes to see his Union Representative he shall notify his supervisor who will inform his Representative of the request, subject to Clause 6.03.
6.11 The Union may designate an alternate who will function in the absence from the plant of any Union Representative. Notice of such alternate shall be given to the appropriate management representative in writing before such alternate shall function. There shall be no duplication of payment, if applicable, in the case of a Union Representative being absent from the plant. The alternate must be a seniority employee who is scheduled to work during such absence.
6.12 All lost time under Clause 26.01 whilst conducting Union business will be paid by the Company, at regular hourly rate plus COLA and shift premium, and will be reimbursed to the Company by the local Union on a monthly basis.
6.13 The Company will provide the Union with a single filing cabinet located in reasonably accessible location in the plant for storage of Union files and materials. Access during working hours is subject to Clause 6.03 and 6.04 of this Collective Agreement.
Access to a phone and a private area for a meeting will also be provided with prior permission of the Plant Manager or his representative. Access during working hours is subject to Clause 6.03 and 6.04 of this Collective Agreement.
ARTICLE 7 - STRIKES AND LOCKOUTS
7.01 The parties hereto agree that there shall be no strikes, work stoppages or lockouts during the life of this Agreement.
7.02 The words "strikes" and "lockouts" as used herein are agreed to have the meaning. defined in the Labour Relations Act RSO 1970.
· ARTICLE 8 - GRIEVANCE PROCEDURE
8.01 The following procedure will be followed in the settlement of disputes arising out of this Agreement.
STEP 1: The employee must submit his verbal grievance to his immediate supervisor or his representative, within three (3) working days from the date of the alleged violation of the Agreement, or from the date the alleged violation of the Agreement became known to the grievor. The employee may request the supervisor to call a Committeeperson to discuss the specific grievance. The supervisor
·. shall render a verbal decision to the employee within three (3) working days following this meeting.
STEP 2: Failing an answer or a satisfactory settlement as in Step 1, within two (2) working days, the aggrieved employee accompanied by a Committeeperson, shall . meet with his immediate supervisor, or his representative. At this time, the grievance must be submitted to the Company in writing. The grievance must state in what respect the Agreement has been alleged to be violated or misinterpreted, and the nature of the relief or remedy sought. A decision in writing will be rendered by his immediate supervisor, or his representative to the employee, within three (3) working days following this meeting.
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STEP 3: Failing an answer or a satisfactory settlement as in Step 2, within three (3) working days, the aggrieved employee, with the Plant Committee shall refer the grievance, in writing, to the Plant Manager or his representative. At the time the grievance is presented to the Plant Manager or his representative, a representative from the National Office of the Union, may be present, if requested by the Union or the Company. The Plant Manager, or his representative, shall render his decision, in writing, to the employee, within ten (10) working days from the date the grievance was submitted to him in writing.
8.01 · a) Should any Plant Committee person be on the afternoon shift whilst the Step 3 Grievance is referred to the Plant Manager, or his representative, then such Grievance shall be automatically extended until all Three (3) committeepersons are on the day shift and are able to be present whilst such Grievance is presented to the Plant Manager, or his representative.
b) If the shift change is not with seven (7) calendar days to effect the terms of 8.01(a), the Company will pay one (1) hour at base hourly rate for the off-shift committee person to attend the third (3rd.) step meeting.
8.02 Policy or group grievance initiated by the Company or by the Union will be originated at the Third Step of the Grievance Procedure, with strict adherence to the term of the Third Step of the Grievance Procedure.
8.03 Grievances dealing with discharge shall commence with the Third Step of the Grievance Procedure, with strict adherence to the terms of the Third Step of the Grievance Procedure.
· 8;04 The time limits foreseen at the various steps of the Grievance Procedure may be extended by mutual consent in writing by both parties.
8.05 No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure.
8:06 Failing a satisfactory settlement as in Step 3, the grievance may be submitted to Arbitration as outlined in Article 9 of this Agreement.
8.07 The Company shall not be subject to any financial liability for any period more than, up to, fifteen ( 15) working days maximum, prior to the date a grievance was filed in writing.
8.08 Any grievance not presented and/or carried forward within the time limits as set forth under any . steps of the Grievance Procedure and Arbitration Procedure, or any longer periods which may have been mutually agreed upon, shall be deemed null and void.
ARTICLE 9 - ARBITRATION
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... 9.01 Failing satisfactory settlement in Step 3 of the Grievance Procedure, it shall be the responsibility of
the party desiring Arbitration to so inform the other party, in writing, within ten (I 0) working days after the Plant Manager, or his representative's response.
9.02. A notice of intent to arbitrate, with a sole Arbitrator, shall contain a list of three (3) Arbitrators for consideration. Within five (5) working days from the receipt of the list of recommended
· Arbitrators, the other party will either accept one (I) Arbitrator from the list, or submit a list of three (3) Arbitrators to the aggrieved party for consideration. If no single Arbitrator can be agreed on from this list, within five (5) working days, either party may request the Ontario Minister of Labour to name an Arbitrator.
9.03 The sole Arbitrator will set a date for the hearing, within reasonable time delays, to permit both parties to present their case and will render a decision as soon as possible after the completion of hearing all evidence.
9.04 The decision of the sole Arbitrator shall be binding and fmal upon both parties. The sole Arbitrator shall be restricted in its award to the provisions of this Collective Agreement, and shall not in its award, add to, delete from or otherwise alter or amend any provisions of this Agreement, or deal with any matter not covered by this Agreement.
9.05 The parties will equally bear the fees and expenses of the sole Arbitrator. Any witnesses called by the parties will be at their individual expense.
9.06 Any extension of the time limits may be made by either party by mutual consent, in writing, or by the sole Arbitrator, who will advise the parties in writing.
9.07 Notwithstanding the Arbitration provisions in the Collective Agreement, the Union and Company may mutually agree that any grievance referred to arbitration under the arbitration provisions of the Collective Agreement, may be arbitrated under Section 48 of the Labour Relations Act.
ARTICLE 10 - DISCHARGE
10.01 A claim by a regular employee that he has allegedly been wrongfully discharged, may be recognized as a grievance, subject to Clause 8.03, provided that a grievance is filed, in writing, with the Plant Manager, within three (3) working days after the employee has been notified, in writing, of such discharge.
10.02 Prior to leaving the Plant, the discharged employee shall be given the opportunity to meet, in a private area, designated by the Company, with the Plant Chairperson or the Shift Committeeperson for a reasonable period of time, not to exceed thirty (30) minutes.
10.03 Each verbal or written disciplinary action given to an employee will remain in effect on the employee's personnel record for a period of twelve (12) months from the date of such disciplinary action.
Each disciplinary action given to an employee involving suspension will remain in effect on the employee's personnel record for a period of eighteen (18) months from the date of such disciplinary action.
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In the case of disciplinary action as a result of absenteeism or lateness, each disciplinary action · will. remain in effect on the employee's personnel record for six (6) months from the date of such
disciplinary action.
The Company agrees, for the 2005 settlement only, to reduce disciplinary files to zero, effective ratification date.
When a derogatory notation is placed against the record of an employee a written notice of such notation must be given to the employee and the duplicate is to be initialled by him/her and he/she may treat the same as a Grievance and proceed accordingly.
Disciplinary action will be taken as soon as possible after investigation, but not to exceed five (5) of the employee's next scheduled shifts.
ARTICLE 11 - PROBATIONARY PERIOD
1 LOI New hires shall be considered probationary until they have completed a total of sixty (60) days actually worked, within a twelve (12) consecutive month period, after which they shall become regular employees, as defined in Clauses 2.01 or 2.02, and their seniority rating shall be their original hiring date.
11.02 During their probationary period, probationers shall be subject to release by the Company, at any time, for any reason, and further, the Company will have no responsibility for re-employment of probationers if they are laid off.
11.03 · Probationary employees shall have no rights of grievance under any terms of the Collective Agreement. However, the Company will assure that all Probationers will have all rights under all Employment Legislation, such as Employment Standards Act, Human Rights Code and Occupational Health & Safety, etc.
ARTICLE 12 - SENIORITY
12.01 The term "seniority", as used herein, shall mean accumulated service calculated from the employee's original hiring date, as described in Clause 11.0 1.
12.02 a) For all regular employees on the seniority list on or before June 17th. 1991: In the case of equality in seniority ranking, seniority shall be determined by the age of the oldest employee.
b) Subject to the provisions of Clause 11.01, new hires shall appear on the seniority list with the .. seniority rating as their hiring date.
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In the case of 2 (two), or more, probationers being hired on the same day, then the first hired shall have the higher seniority rating, and so on.
After July I st. 1996 then the first hired shall have the lowest clock number.
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12.03 An employee will lose his seniority and his employment with the Company will be terminated for any of the following reasons:
a) If he voluntarily quits
b) If he is discharged, and not reinstated through the Grievance Procedure.
c) If he is retired, under the Company retirement policy.
d) If the employee is absent without Company approved leave of absence, for more than three (3) consecutive working days without a valid reason.
e) i) If an employee has been laid off due to lack of work, and does not return to work within five (5) working days after being contacted personally to report for duty. When the employee cannot be contacted, the Company will notify the employee by registered mail to. his lastknown address, and he will be allowed no more than five (5) working days from the registration date of such notification, to report for duty. A copy of the registered letter will be provided for the Plant Chairperson, at the time of mailing.
ii) If an employee is at work with another employer he will not lose seniority if he reports for work with the Company within ten (10) working days following his notice of recall, as outlined in Clause 12.03 e) i).
f) If an employee overstays a Company approved leave of absence without receiving an extension, in writing, of such leave of absence, or without a valid reason.
g) If he accepts gainful employment while on any form of leave of absence without first obtaining the consent, in writing, of the Company.
h) i) If an employee with more than one ( 1) year of seniority is laid off due to lack of work and not recalled for work for a period extending beyond thirty-six (36) consecutive months, or twenty-five percent (25%) of their years of service, whichever is greater - up to a maximum of sixty (60) months.
ii) If an employee with less than one ( 1) year of seniority is laid off due to lack of work and not recalled within a period extending beyond six ( 6) consecutive months or their length of service, whichever is greater.
i) i) If an employee with one (1) year of seniority or more, is absent for a period exceeding thirty-six (36) consecutive months or 25% of their years of service whichever is greater up to a maximum of sixty (60) months, on account of non-occupational
· sickness or injury or Workers' Compensation injury or illness.
ii) If an employee with less than one ( 1) year of seniority is absent for a period exceeding thirty-six (36) consecutive months on account of non-occupational sickness or injury or Workers' Compensation injury or illness.
12.04 It shall be the responsibility of the employee to notify the Company, in writing, promptly of any change in their address and telephone number (listed or unlisted). If an employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee.
12.05. Employees transferred to a position outside the bargaining unit, may be transferred by the Company or on their own request, back to the bargaining unit, with full Company seniority, at any time within ninety (90) working days of such transfer.
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• 12.06 . Any transfers under 12:05 after the ratification date of the agreement, will be considered new
employees for the purpose of seniority, except that they will not be required to serve a probationary period.
12.07 The Company agrees to post an up-to-date seniority list on or about June 30th and December 31st of each year. A copy of the seniority list will be provided for the Plant Chairperson.
ARTICLE 13 - LAYOFF
13.01 When the Company deems it necessary to reduce the work force, plant wide seniority will be the guiding factor, consistent with the Company's right, to maintain a work force of employees who have, in the opinion of the Company, the qualifications, skill, ability, efficiency and physical fitness, and are able to perform the work that is available, without any training, at the rate of the job. It is agreed and understood by the parties that such employees may require some reasonable period of orientation for the job.
13.02 If the Company decides to close the plant for vacations, or for the purpose of taking inventory, the seniority provisions of Clause 13.01 will apply for employees required by the Company to work dwing these periods.
13:03 When the Company is required to lay-off for more than five (5) working days, such lay-off will be by plant-wide seniority with the work available being assigned to the most senior employees, with the opportunity to perform the assigned work within a five (5) work day training period.
Employees unable to perform within the five (5) work day training period will be laid-off.
The Union agrees that the above provision, in paragraph 1 of this Clause, will not apply to the following jobs: Regulator Tester (excluding Canadian "mini"), Automatics, CNC Programming, Set-Up and Maintenance, which will be subject to 13.01.
The Company agrees that, through the Job Enrichment Agreement, every effort will be made to provide employees with learning opportunities in order to perform as many job functions as possible to protect the employees' job security.
13.04 When the Company deems it necessary to reduce the work force in the plant for more than five (5) working days, the Company, will give regular employees at work. four (4) working days clear notice of the lay-off. The Company will notify employees to be laid off in writing, and if possible, post a list of names of employees to be laid off on the plant bulletin boards.
13.05 a) Any employee who refuses a transfer to the available work under Clause 13.01 will lose seniority and his employment with the Company will be terminated, provided there are no junior employees available to perform the work required dwing lay-off.
b) Employees exercising their right under this Clause will only have re-call rights to their own classification, except that should the lay-off exceed thirteen (13) weeks, or such time for temporary lay-off as defined in the Ontario Employment Standard Act, such employee will be permitted to bump back into the plant to the last recall position his seniority permits.
c) The Company will consider requests from seniority employees not affected by the lay-off to replace junior employees being laid-off. Company approval will be subject to plant efficiencies.
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13.06 If no work is available because of fire, lack of power, act of God, or for any reason beyond the control of the Company, employees may be laid off, and the seniority provisions of Clause 13.01, and the lay-off notice provisions of Clause 13.03, will not apply, for five (5) working days.
ARTICLE 14 - RECALL
14.01 Recall of employees after lay-off will be in the reverse order of lay-off as outlined in the provision ofClause 13.01.
14.02 Any employee who refuses a recall to any available job shall lose his seniority, and his employment with the Company will be terminated; however; if there are junior employees available to perform the work available his employment will not be terminated if he refuses the recalL An employee must, however, return to his own classification when recalled.
ARTICLE 15 - JOB POSTING
15.01 If a permanent job vacancy exists, or new job classifications are created in the plant, such openings shall be posted on the plant bulletin boards for a period of three (3) working days, during which time, regular qualified employees at work in the plant at the time of such job posting, may make application to the Plant Manager for such job vacancy.
15.02 Employees shall be permitted to bid for a lower, lateral or higher classification, except that the successful regular employee shall be entitled to only one such transfer every six (6) months as a result of obtaining such job transfer by job posting, unless waived by the Company.
15.03 Employees bidding for a permanent job vacancy, shall be considered, by the Company, on the following factors, at the time of job postings:
a) Qualifications, ability, skill, efficiency, and physically able.
b) Length of seniority
Where factors in a) are equal, in the opinion of the Company, then b) will apply.
It is agreed and understood by the parties that such employees may require some reasonable period of orientation for the job.
15.04 Employees reclassified, as a result of job bidding, may be demoted, by the Company at any time, up to twenty (20) days actually worked on the job after such reclassification. Such employee will be transferred to his former classification in similar or related work, if possible and subject to efficiencies, if such vacancy exists, and if no such vacancy exists he shall be subject to the seniority provisions of Clause 13.01 of the Agreement.
15.05 The subsequent two (2) job vacancies, if any, created by successful job bidding will be filled by a job posting. Any subsequent job vacancy(s) if any, will be filled at the discretion of the Company.
15.06 Should a permanent "job" vacancy exist for any of the "jobs" within the Classification "Assembler", i.e. known in the plant as; Tester, Moulder, Painter, Builder, Shipper or 2nd. Operations, then the Company will endeavour to fill the permanent vacancy by Job Posting, as covered by Clause 15.01.
Employees bidding for the vacancy shall be considered under the terms of Clause 15.03.
The conditions of Clauses 15.02 and 15.04 shall apply to such job bidding.
In this case, if necessary, only one (1) subsequent "job" vacancy will be filled by Job Posting e.g .. if a Builder becomes a Tester then the Builder's vacancy, only, will be Job Posted.
Jobs currently covered by seniority employees will not, obviously, be Job Posted, and only when a new permanent vacancy exists, or an existing job becomes vacant, will a Job Posting be issued, if required by the Company.
Seniority employees would carry out their "regular" job, if work is available or if that job is required.
15.07 Nothing contained in this Article shall be construed to limit the Company's right to hire new employees from outside, if there are no qualified employees within the bargaining unit, to fill the vacancy available.
ARTICLE 16 - TEMPORARYTRANSFER
16.01 An employee temporarily assigned, at the direction of the Company, to a classification other than his regular classification (set-up excepted), shall be paid his regular base hourly rate of pay or the classification rate of the job to which he is transferred, whichever is higher for all hours worked on that job. Temporary transfers to CNC automatics outside the machine shop only, will be offered by seniority from the machine shop. The Company will continue to pay the set-up rate for existing set-up, after an accumulation of fortyfive (45) minutes or more during any one (1) shift, or, on a job-to-job basis the Company may decide that a set-up will be performed by a Machinist/Set-Up Person.
All temporary transfers must be approved by the employee's immediate supervisor, or representative, before the temporary transfer takes place. Time sheets containing temporary transfer rates must be signed or initialed by the employee's supervisor, or representative.
16.02 A transfer shall be considered temporary provided it does not exceed fifteen (15) working days, and during this period, will not be subject to the seniority provisions of this Agreement. If such transfer exceeds this period, it will be declared as a permanent vacancy and posted for job bidding.
16.03 · Vacant jobs created as a result of illness, injury or occupational accident or illness, or leave of absence shall not be posted as permanent vacancies and may be filled by the Company on a temporary basis. Such vacancies will not be subject to the seniority proVisions of the Agreement up to sixty (60) calendar days.
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• If an absence is expected, to exceed sixty (60) calendar days, such job will be posted for the temporary period, Any subsequent jobs created as a result of the temporary job posting will be filled by the Company,
On the conclusion of the temporary job p9sting, all employees will return to their former classification subject to the seniority provisions of the Collective Agreement
ARTICLE 17 - PAID HOLIDAYS
17.01 a) The following shall be considered as Paid Holidays under the terms and conditions of Article 17 of the Collective Agreement.
1st. Year 2nd. Year 3rd. Year 2005-2006 2006-2007 2007-2008
Good Friday Apr.14/06 April6/07 Mar. 21/08 Victoria Day May 22/06 May 11/07 May 19/08 Canada Day July 1/05 July 3/06 July 2/07 Civic Holiday Aug.l/05 Aug. 7106 Aug. 6/07 Labour Day Sept. 5/05 Sept. 4/06 Sept. 3/07 Thanksgiving Day Oct. 10/05 Oct. 9/06 Oct. 8107 Christmas Holiday Dec. 13/05 Dec. 25/06 Dec. 14/07
b) An Employee's Birthday shall also be considered as a Paid Holiday, under the terms and conditions of Article 17 of this Collective Agreement.
Should an employees birthday fall on a Saturday then the Paid Holiday will be taken on the Friday prior to the Saturday.
Should an employees birthday fall on a Sunday then the Paid Holiday will be taken on the Monday following the Sunday.
Should an employees birthday fall on a Public Holiday, as detailed in 17.01a) above, then the Birthday Paid Holiday will be taken on the next day scheduled to work, except Good Friday when the Birthday Paid Holiday will be taken on the Thursday prior to Good Friday.
c ) Probationers will only be paid for Public Holidays , in accordance with the Ontario Employment Standards Act Oatarie 1999.
Page 13 of 13
17.02 · · The employee loses the right to the holiday and holiday pay if he fails without a valid reason to work both his last regular scheduled work day prior to the holiday, and his first regularly scheduled work day after the holiday.
For Christmas holidays only, if the employee fails to work one (1} of the days under seventeen 0 two ( 17 :02} he will loose one ( 1} paid holiday from the Christmas paid holidays.
For Christmas holidays only, if the employee fails to work two (2} of the days under seventeen 0 two (17:02} he will loose all paid Christmas holidays.
17.03 An employee will also, not be paid for a paid holiday if:
a} He has been laid off and has not worked for a period exceeding a total of more than thirty (30} calendar days prior to, and inclusive, of the recognized paid holiday.
b) He is off work due to a non-occupational, verified illness or injury, exceeding more than thirty (30) calendar days prior to and inclusive, of the recognized paid holiday.
c) He is off work due to Workers' Compensation exceeding more than thirty (30) calendar days prior to, and inclusive, of the recognized paid holiday.
d) He is on unapproved leave of absence from the Company.
e) He is on approved leave of absence from the Company for a period exceeding more than thirty (30) calendar days prior to, and inclusive, of the recognized paid holiday.
17.04 The following arrangements may be exercised if a paid holiday falls within an employee's annual vacation. An employee may be allocated an additional day in his vacation, or at a later date may be granted another day's pay in lieu of additional time off by mutual agreement between the Company and the employee.
17.05 Employees eligible for payment of a paid holiday will be paid on the basis of their applicable normal base hourly rate + COLA, multiplied by their scheduled shift hours to a maximum of forty (40) hours per week (overtime and shift premiums excluded).
17.06 If any of the paid holidays listed in Clause 17.01 falls on a Saturday or a Sunday (and has not been replaced by another day, by statute or decree), such holiday will be observed either on the previous Friday or the following Monday.
17.07 It is agreed and understood by the Union and employees that during the first thirty (30} calendar days of any such Workers' Compensation or sickness or accident disability benefit period, the payment for any paid holiday will be, only, the difference between the daily amount received for compensation or sickness or accident disability benefit, and the daily amount of payment outlined in Clause 17.05.
ARTICLE 18 - VACATION
18.01 Vacations with pay shall be granted to all employees on the payroll of the Company on the basis of their seniority with the Company as defined in Article 12 of the Collective Agreement.
Page 14 of 14
18.02 The period or periods during which an employee may take his vacation shall be determined at the discretion of the Company. The Company, however, will give consideration to the most senior employee for preferred vacation dates, provided such employee makes application, in writing, to the Plant Manager or his representative, not later April flrst (1st) of each year.
The Company agrees that a reply under 18:02 will not be later then April 30m of each year.
Vacation written requests received after April30 of each year must be submitted ten (10) working days in advance of the time off requested, and will be subject to the terms and conditions of clause 18:02. The Company will reply in writing to such request ten (10) working days after the receipt of the written request.
18;03 a) Employees with less than one (I) year seniority as of July 1st, will be paid vacations in accordance with the provisions of Part VIII of the Ontario Employment Standards Act.
b) Employees with one (I) year, but less than flve (5) years, of seniority, as of July lst, two (2) weeks with vacation pay of four percent (4%) of gross earnings based on the previous twelve (12) month period from July lst to June 30th.
c) Employees with flve.(5) years of seniority, but less than ten (10) years, of seniority, as ofJuly lst,. three (3) weeks, with vacation pay of six (6%) percent of gross earnings, based on the previous twelve (12) month period from July 1st to June 30th.
d) Employees with ten (10) years of seniority, but less than fifteen (15) years of seniority, as of July lst, four (4) weeks with vacation pay of nine percent (9%) of gross earnings based on the previous twelve (12) month period from July 1st to June 30th.
e) Employees with fifteen (15) years of seniority, but less than twenty (20) years of seniority, as of July lst, four (4) weeks with vacation pay of ten percent (10%) of gross earnings based on the previous twelve (12) month period from July 1st to June 30th.
f) Employees with more than twenty (20) years, of seniority, as of July lst, flve (5) weeks, with vacation pay of twelve percent (12%) of gross earnings, based on the previous twelve (12) month period from July lst to June 30th.
18.04 Vacation with pay entitlement will be paid in full, or the balance owing, on a separate pay cheque, at the time of the last pay period in June, but before shut-down if any.
Employees may request two (2) weeks prior to December 1st, of each year a pay out of their earned vacations, for the period July 1st to November 30m inclusive. Such vacations with pay will be on a single cheque and paid with the fust pay period of December.
ARTICLE 19 - HOURS OF WORK
19.01 The normal hours of work for the day shift, will be eight (8) hours per day, and forty (40) hours will constitute a normal work week.
19.02 The normal work week on the day shift operation will be comprised of flve (5) consecutive days Monday through Friday.
· Page 15 of 15
19.03 The normal hours in a work day on the day shift operation are defined as follows: 7:00am. to 3:30 pm.
The nonnal hours in a work day on a two (2) shift operation are defmed as follows:
Day Shift:
Afternoon Shift:
Monday to Friday
Monday to Wednesday Thursday
7:00am. to 3:30pm.
3:30pm. to 2:30am. 3:30pm. to 12:30 am.
On a three (3) shift operation the hours will be as follows:
Day Shift: Afternoon Shift: Night Shift:
7:00am. to 3:00pm. 3:00pm. to 11:00 pm. 11:00 pm. to 7:00am.
The nonnal work week will start at 11:00 pm. Sunday for a three (3) shift operation.
19.04.1 In the event it becomes necessary for the Company to change the starting and stopping times of the normal shifts, or establish new shifts, the Company will infonn the Plant Chairperson, and employees, one ( 1) full shift before such changes are effected.
19.05 lt is agreed and understood by the Union and its members that all employees will be required to rotate shifts, if requested by the Company every fourteen ( 14) calendar days. The nonnal shift rotation will be days, to nights, to afternoons.
19.06 This statement of the nonnal hours of work shall not be construed as a guarantee of any minimum, or as a restriction of any maximum number of hours of work per day, or per week, or of days of work per week, subject to the Employment Standards Act RSO. 1980.
19.07 A lunch period of thirty (30) minutes (unpaid) is provided on shifts that are not part of a three (3) shift operation, and is not part of the eight (8) hours. The lunch period on a three (3) shift operation is twenty (20) minutes (paid) and is part of the eight (8) hours.
ARTICLE 20 - OVERTIME
20.01 a) Hours worked in excess of eight (8) hours in the nonnal work day and Saturdays will be paid for at the rate of time and one-half (1 Yz) the base hourly rate.
b) Hours worked on Sunday are paid for at the rate of double time (2) the base hourly rate.
20.02 Work perfonned on any paid holiday listed in Clause 17.01 of the Collective Agreement will be paid for at the rate of two (2) times the base hourly rate, in addition to pay for the paid holiday as outlined in Clause 17 .06.
20.03 Overtime premiums shall not be paid more than once for any hours worked, and there shall be no pyramiding of overtime.
Pagel6of 16
20.04 a) Employees may be required to work up to eight (8) hours of overtime each week provided they have been given twenty-four (24) hours notice.
b) Employees will be excused when they have a valid reason and it will not seriously restrict the Company's ability to manufacture and deliver the Company's product in an efficient manner.
c) i) For overtime allocation the shop is divided into three (3) areas - the supervisors' areas, Assembly, M/C Shop & Autos and 2nd. Operations & 309.
ii) It is the Company's practice to share overtime as equally as possible with all qualified employees in each work classification, performing the work, on the shift, in the work areas requiring overtime.
iii) In each area, if overtime is required, then employees currently running the job are asked in order of seniority (a record is kept of employees accepting or denying overtime).
iv) The next time overtime is required on the job then the next most senior employee, who have not worked and have not refused overtime, is asked until all operators have had the opportunity to work overtime.
v) Refusal to work is taken as if overtime had been performed- applies to iii) only.
vi). If no volunteers are forthcoming then employees, within the same work area, who do not normally run the job but who have run the job in the past are asked, again in order of seniority.
vii) If still no volunteers, then employees who are now in another work area, but who have run the job in the past, are asked.
viii) Overtime listings shall be posted on the bulletin board and updated weekly. A copy to be given to the Plant Chairperson.
ix) Forty-eight (48) hours notice shall be given to employees when overtime is required on Saturdays only.
20.05 Shift premiums shall not be included in the calculation of overtime compensation.
ARTICLE 21 - SHIFT PREMIUMS
21:01 A shift premium of one dollar ($1.00) per hour shall be paid to all employees working on the second (2nd) and third (3rd) shifts.
21.03 Scheduled shifts which commence during one shift premium period and end in another shift premium period shall be paid only the shift premium of the commencing shift.
ARTICLE 22 - OCCUPATIONAL, ACCIDENTS OR ILLNESS
22.01 When an employee suffers an occupational accident or illness on the Company property, which requires outside medical attention, and it is determined by the attending physician that the employee should not return to work, the employee shall be paid for the balance of his shift at his prevailing rate of pay.
Page 11of 17
22.02 If needed, the employee shall be supplied transportation to the doctor, hospital or home, on the first day of injury, and, after treatment, transportation back to to the plant and/or home.
22.03 The employee upon to return to work will be required to provide a W.S.I.B. Functional Abilities Form from the employee's physician stating whether the employee is fully recovered or has work restrictions and requires modified duties.
22.04 a) Should an Employee require short term modified duties, not to exceed up to four (4) weeks {subject to review after the four (4) week period if required}, as a result of compensible illness or injury, the Company shall accommodate such an employee, if possible, by returning them to a job that is suited to the employee's work restrictions, as provided in the W.S.I.B. Functional Abilities Form. The Manufacturing Director, or his representative, and the Plant Chairperson!W.S.I.B. Representative, or his/her representative, shall jointly review the employee's work restrictions and mutually agree upon suitable jobs that are within the employee's physical restrictions.
b) If an employee is injured in the plant and the Company wishes to place him on a job within his capabilities, the employee shall be paid his prevailing hourly rate or the rate of the job, whichever is greater.
c) An employee permitted by the Company to return from Workers' Compensation while still partially disabled shall be paid the rate of the job, to which he is assigned.
d) In the event of a disagreement ot dispute, the matter may be referred to the W.S.I.B. Early & Safe Return to Work (ESRTW) disputes process.
e) In no case will a senior employee be displaced by a junior employee to accommodate an employee's restrictions.
f) The short term modified work program will be in writing and signed by the employee, the Chairperson!WSID and the Manufacturing Director or his representative. Extensions of additional time may be granted on an individual basis, subject to the completion, and review, of an updated WSID Functional Abilities Assessment.
22.05 When such an employee becomes physically able they shall return to their original job classification without loss of seniority. In the event of a dispute that the employee is not physically able, the matter may be referred to the WSID Early & Safe Return to Work (ESRTW) disputes process.
ARTICLE 23 - SICK LEAVE OF ABSENCE
23.01 Employees who are permitted to go home by the Company, due to non-occupational illness or injury, will not be paid for the remainder of their shift.
23.02 Any employee's reinstatement after sick leave, after three (3) consecutive working days, is conditional on his supplying a certificate from a physician that he is fully recovered from the sickness which caused his absence.
23.03 When such an employee returns to work, he shall be reinstated to his former classification in similar or related work, if possible and subject to efficiencies, if such vacancy exists, and if no such vacancy exists he shall be subject to the seniority provisions of Clause 13.01 of the Agreement.
Page 18 of 18
23.04 An employee who is no longer able to perform the work in his classification, but is capable of performing other duties, or any employee who has incurred a non-compensable, or compensable permanent or partial disability, may, by mutual agreement between the Company and the Union, be assigned to, or retained at, an operation which he is capable of performing at the prevailing rate of pay of that position.
ARTICLE 24 - PERSONAL LEAVE OF ABSENCE
· 24.01 A formal leave of absence, without pay, for a valid reason, acceptable to the Company may be granted for a period not to exceed up to three (3) calendar months, provided such leave does not diSturb the efficiency of the employee's work area, or plant, and such application is made to the Plant Manager at least five (5) working days prior to the leave of absence, in writing, and written approval is obtained from the Plant Manager.
Emergency cases of Leave of Absence will receive additional consideration.
24.02 When such an employee returns to work, he shall be reinstated to his former classification in similar or related work, if possible and subject to efficiencies, if such vacancy exists, and if no such vacancy exists he shall be subject to the seniority provisions of Clause 13.01 of the Agreement.
ARTICLE 25 - PREGNANCY LEAVE OF ABSENCE
25.01 Pregnancy leave of absence will be in accordance with the Employment Standards Act RSO. 1980, or as amended by current legislation.
ARTICLE 26 - LEAVE FOR UNION BUSINESS
26.01 An employee elected or nominated by the Union to attend Union Conventions or Meetings, may be granted a leave of absence, without pay, for a period not to exceed up to ten (1 0) working days, provided such leave does not disturb the employee's work area or plant, and the Plant Manager is given a minimum of five (5) working days notice, in writing, of such absence, and not more than three (3) employees shall be granted such leave of absence at any one time and not more than one (1) employee from any department or work area. In the event of an emergency situation the time limits herein may be waived by the Company.
26.02 Any employee with seniority elected or appointed to the National or Local Union staff, shall be granted a Leave of Absence without pay and benefits for a period of up to three (3) years, provided such request is made in writing at least two (2) weeks in advance to the Plant Manager.
Employees covered by this Clause will accumulate seniority during such Leave of Absence.
· Employees returning from staff Union leaves shall notify the Company in writing of their availability to return to work, and the Company shall have five (5) working days to return the employee to work following such notice.
Upon an employee's return from such Leave of Absence, the employee will be returned to available work in their classification and subject to Clause 13.01 -Seniority.
Not more than one (l) employee shall be granted such Leave of Absence at any one time.
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•.
ARTICLE 27 - BEREAVEMENT LEAVE OF ABSENCE
27.01 lf a death occurs in the immediate family of a regular employee (probationers excepted), during his scheduled work week, such employee will be given not more than ftve (5) days leave of absence, with pay, at his base hourly rate plus COLA up to a maximum of their scheduled shift hours, for the purpose of attending the funeral. An employee's immediate family shall include the employee's current spouse, son, daughter and stepchild.
For the employee's mother, father, brother and sister, mother-in-law, and father-in-law of current spouse; three (3) days leave of absence with pay under the terms of the ftrst paragraph of Clause 27:01 One ( 1) day leave of absence will be granted for the employee's, or employee's current spouse's, grandmother or grandfather, under the terms of the ftrst paragraph of Clause 2 7.0 1.
One ( 1) day leave of absence will be granted for the brother or sister of employee's current spouse, under the terms of the ftrst paragraph of Clause 27.0 1.
One ( 1) day leave of absence will be granted for the employee's aunt and uncle, under the terms of the ftrst paragraph of clause 27:01.
27.02 The employee will notify his immediate supervisor in the event of required Bereavement Leave.
27.03 Such paid bereavement leave as described in Clause 27.01 is only available where the employee would otherwise be at work during this period, except that such paid bereavement leave shall be added to the end of an employee's vacation period or plant shutdown period.
27.04 Proof of attendance at the funeral may be requested by the Company.
·ARTICLE 28 - JURY DUTY/CROWN WITNESS
28.01 An employee who is called for jury service/crown witness, shall be excused from work for the days on which he serves, and he shall receive, for each such day of jury service/crown witness, on which he, otherwise, would have worked, the difference between their scheduled shift hours times his base hourly rate plus COLA, and the payment he receives for jury service/crown witness, but to a maximum of forty (40) hours per week. The employee will present proof of service and the amount of pay received therefore.
ARTICLE 29 - REPORTING IN PAY
29:01 An employee who has not been notified in advance "not to report for work" and who reports for his regular scheduled shift, will be given at lease four ( 4) hours work, and if no work is available, he will be paid for a minimum of four (4) hours, at his base hourly rate.
Page20 of 20
29.02 This obligation on the Company will not prevail:
I. If no work is available because of:
a) A power shortage or a failure of power supply. b) Any other conditions beyond the control of the Company.
2. If the employee has not kept the Company informed of his current address and a telephone number.
The Company agrees to supply suitable forms, however it is the responsibility of the employee to request a copy of such form and immediately return it to the Company with completed, current, personal information.
ARTICLE30- CALL-BACKPAY
30.01 An employee who has completed his full daily or weekly shifts, and who has left the plant and is called back to perform additional or emergency work, will be paid for the time actually worked at the applicable overtime rate. Employees called back under this Clause will be guaranteed a minimum of four (4) hours of work at the applicable overtime rate .
. ARTICLE 31 - SAFETY AND HEALTH
31.0 I The Company and the Union realizing the benefits to be derived from a safe and healthy place of employment, agree that they, together with all employees, the Plant Committee and supervisors, will co-operate to the fullest extent to promote safe work practices, healthy conditions, and enforcement of Safety Rules.
31.02 Safety equipment and devices will be determined by the Company, in consultation with the Health and Safety Committee in accordance with the provisions of the Health and Safety Legislation of the Province of Ontario, and will be supplied by the Company in those areas requiring the use of such protective measures.
31.03 The Company shall establish a Plant Safety and H~alth Committee of two (2) employees nominated by the Union and two (2) Company representatives. The Committee will hold monthly meetings and safety inspection tours of the plant, in accordance with the provisions of the Health & Safety Legislation of the Province of Ontario. The function of the Committee shall be to advise the Plant Management concerning Safety and Health matters, but not to handle grievances.
31.04 No employee will be disciplined for refusal to perform a job provided that he has complied with the Occupational Health and Safety Act of Ontario.
31.05 a) All employees will be required to wear Company approved safety shoes or boots as a condition of employment, and such foot protection shall be CSA approved. The Company will pay for regular employees only, each consecutive twelve (12) months, a maximum of ese Bl:IBEifeEi Eiella:l'S ($11Q). one hundred and thirtyfive doUars ($135).
e) Fer maehiae shell efBJlleyees, a m~HliBHHB efeae hl:IBEireEi BftEi thiffyfi·;e Eiellars ($133).
b) The Company will provide two (2) shop coat or two (2) coverall or two (2) pairs of pants and 2 shirts for each seniority employee for each year of the Collective Agreement. Maintenance of this item shall be the employee's responsibility. The Union and the employees agree that such clothing must be worn by the employee.
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31.06 The Company will provide time off work, with pay, for the Union members of the Safety Committee, and the Plant Chairperson, to attend CAW Health and Safety Training ~to a maximum of forty (40) hours per person. The Company will also contribute one hundred dollars ($100) per person toward the cost of tuition.
However, these provisions will only apply to no more than two (2) Safety Committee members and one (1) Plant Chairperson during the term of the Collective Agreement and no more than two (2) persons shall be off work at the same time.
31.07 All employees will be required to wear Company approved safety glasses as a condition of employment, standard safety glasses will be provided by the Company, if necessary, every two (2) years. The Company further agrees to pay, where required, one hundred and forty dollars($140) every two (2) years toward the cost for prescription safety glasses with Company approved safety frames, should an employee require bifocal prescription safety glasses then the Company agrees to
· pay eae hunelfee ane tea ElellaFS ($11 0) [$1 Hi iB the seeeae year ef this AgFeemeat llftei $12Q ia the tbirei year ef this A-g£eemeat) one hundred and seventy five dollars ($ 175) every two (2) years.-The Company accepts no responsibility for the employee's eye tests. If the Company is satisfied that an employee has broken, damaged or pitted his prescription safety glasses in the normal course of his regular duties, the Company agrees to pay, once during the term of the Collective Agreement, the cost of a basic pair of replacement glasses, frames or lenses, whichever may be required. (no special frames, tinting etc.).
31.08 The Company agrees to post in a conspicuous place, the rights and procedures pertaining to "Part V - Refusal to Work where Health and Safety in Danger" - of the Occupational Health and Safety Act of the Province of Ontario, and amendments.
In the event an employee believes that a hazardous condition exists in his work area, he will discuss the matter directly with his supervisor. If the supervisor fails to satisfactorily resolve the employee's concerns), then the employee may request the employees' Certified Health and Safety Representative to resolve the concern(s).
If the concern is still not resolved then the Plant Manager and the employees' Certified Health and Safety Representative will make a decision on the matter or refer it to an Inspector as specified
. under the Health and Safety Act of Ontario.
31.09 Training .. All Employees shall receive four ( 4) hours per year training on specific workplace issues as determined by the Joint Health & Safety Committee. Such training shall be presented by the Joint Health & Safety Committee or any other mutually agreed agency. The Company agrees that under 31 :09 the subject matter, and the delivery time will be by mutual
agreement by the Health and Safety Committee.
ARTICLE 32 - REST PERIOD
32.01 A rest period of fifteen (15) minutes duration will be granted during each half shift, the time to be designated at the discretion of the Company.
ARTICLE 33 -·MISCELLANEOUS
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. ARTICLE 34 - TOOL ALLOWANCE
34.01 Machine Operators, Machinists, 2nd. Operation Employees and Maintenance employees, as a condition of employment, will be required to provide their own hand tools and measuring devices.
34.02 Any such hand tool broken by normal use of the tool, or worn out on the job, will be returned to the employer and replaced to a maximum total of one hundred and fifty dollars ($150)
Any Assembler employee who transfers into any of the classifications detailed in 34.01 by successful job posting will receive a "once off" payment of one hundred and twentyfive dollars ($125) to assist in the purchase of hand tools and measuring devices.
Should the Company determine that a new tool is required for new equipment, the Company will purchase the tool and make it available to the necessary employees from the tool crib.
34.03 Any such hand tool stolen or lost will be replaced and paid for by the employee, except when such hand tool is stolen in a proven break-in.
Employees shall not be eligible for compensation under this Article until he has one (1) year service in the department. ·
ARTICLE 35 - AGREEMENTS
35.01 The Union agrees that this Agreement constitutes the entire Agreement between the parties, and that any and all previous Agreements, Supplementary Agreements, Letters of Intent, Understandings, etc., whenever made and whether or not reduced to writing, are hereby cancelled, and that, effective upon the signing of this Agreement, the Company's obligations respecting conditions of employment, working conditions and employee benefits, are limited exclusively to those specifically stated in this Agreement.
· ARTICLE 36 - SCHEDULE "A" WAGES
36.01 The hourly wage rates for the Job Classifications covered by this Agreement, are outlined in Schedule "A" of this Agreement and by reference herein are made part of this Agreement.
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36.02 Effective June 18th. 1995 and thereafter during the period of this Agreement, each employee shall receive a cost of living allowance as set forth in this section.
The amount of cost of living adjustment (COLA) shall be determined in accordance with changes in the Consumer Price Index of the base 1986 = 100, hereafter referred to as the "1986 Consumer Price Index" or 1986 CPI".
In determining the three (3) month average of the indexes for a specified period, the computed average shall be rounded to the nearest 0.0 I index point, i.e. 0.05 and greater rounded upward and less than 0.05 rounded downwards.
The COLA shall be computed using the three month average of the 1986 CPI for November 1994, December 1994 and January 1995 as the base period. Cost of Living Adjustments will be made on a quarterly basis at the following times.
Effective date of Adjustment First pay period beginning on or after June 18, 1995 and at three calendar month intervals thereafter.
Based upon three month average of the 1986 CPI form Feb. 1995, March 1995, Aprill995 and at three calendar month intervals thereafter.
One cent (1 ¢) adjustments in the cost of living shall become payable for each 0.113 change in the Consumer Price Index.
For purposes of this Collective Agreement, any paid COLA shall be treated as if it were incorporated into the base rate.
ln the event Statistics Canada ceases monthly publication of the Consumer Price Index, or changes the form of the basis of calculating the Index, the parties agree to ask Statistics Canada to make available, for the life of this Agreement, a monthly index in its present form and calculated on the same basis as the index for 1993.
36.03 The Company agrees to hand out pay cheques before the end of the shift on Thursday .
. ARTICLE 37 - SCHEDULE "B" EMPLOYEE BENEFITS
37.01 The employee benefits section is designated Schedule "B" of this Agreement, and by reference herein are made part of this Agreement.
ARTICLE 38 - DURATION OF AGREEMENT
38.01 This Agreement shall become effective the 18th day of June, 2005 and shall remain in effect
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until the 17th day of June, 2008 inclusive; and either party may give notice, in writing, to enter into negotiations for the purpose of amending any of terms of the Collective Agreement within a period of not more than ninety (90) days prior to the date of termination.
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SCHEDULE "A"- RATES OF PAY
CLASSIFICATION BASE RATE
EFFECTIVE JUNE 20th 2005'
Classification
Machine Operator II Assembler Machine Qperator III General Maintenance Machinist/Set-Up CNC Programmer Maintenance - with ticket
Start Rate/New Hire Rate
$17.30 $17.30 $17.55 $17.45 $17.80 $18.90 $19.50
EFFECTIVE JUNE 191h 2006
Classification
Machine Operator II Assembler Machine Qperator III General Maintenance Machinist/Set-Up CNC Programmer Maintenance - with ticket
Start Rate/New Hire Rate
$17.70 $17.70 $17.95 $17.85 $18.20 $19.40 $19.90
EFFECTIVE JUNE 181b 2007
Classification
Machine Qperator II Assembler Machine Qperator III General Maintenance Machinist/Set-Up CNC Programmer Maintenance - with ticket
Start Rate/New Hire Rate
$18~05
$18.05 $18.30 $18.20 $18.55 $19.80 $20.25
After 60 Days Actually
Worked Rate $18.30 $18.30 $18.55 $18.45. $18.80 $19.90 $20.50
After 60 Days Actually
Worked Rate
$18.70 $18.70 $18.95 $18.85 $19.20 $20.40 $20.90
After 60 Days Actually
Worked Rate
$19.05 $19.05 $19.30 $19.20 $19.55 $20.80. $21.25
It is agrees aBe ttaeeFStaae that~· e1Bf!layee "rea eirelea" as per Jli&e 18111• 199§ will remaffi at
their ew-reat rea eirele rate l:lfttil the Sehedlile "A" v;age rates are eEtlliwleat ta their rea eirele rate. Stteh "rea eirelea" emplayees vAll eaatialie ta reeei';e aay COLA,
It is li&aeFSteael that thrattgh Stteeessful jab pastiag aa emplayee maves ta a aitlereat elassitieatiaa they Ela eat earey their rea eirele rate.
SCHEDULE "B"- EMPLOYEE BENEFITS
I. The Company agrees to provide the following Group Insurance Employees Benefits, under the provisions of a Master Pplicy, the premiums to be paid one hundred percent (100%) by the Company for the duration of the Agreement.
a) Group Life Insurance Benefit for regular employees and accidental death and dismemberment of$ 42,000 (1"1.year), $43,500 (2°d. Year) $45,500 (3rd. year).
b) Any employee may increase their Life Insurance Coverage, in increments of ten thousand dollars ($1 0,000) but there must be a minimum of ten (I 0) employees participate to take advantage of such benefit. Such benefit is employee paid in total.
c) Extended Health Benefit for regular employees and for eligible dependants, subject to the maximums of insured services described in the Master Policy. Benefits can be coordinated with a spousal plan, the cost to arrange coordination, if any, as detailed in the Master Policy, shall be paid by the employee.
d) (l)Vision Care ... Family Coverage for one (I) pair of eyeglasses every twenty-four (24) months up to a maximum of Two Hundred dollars ($200) Oae Hli&Elree aael SeYeaty five ElallB:FS ~ per pair and as detailed in the Master Policy.- etleetiYe Ally 18, 2002. (2) Laser Eyes Surgery The Company agrees that the benefits from the vision care and prescription safety
glasses sections of the Collective Agreement may be combined for a one time payment towards the cost of laser surgery for both eyes, on receipt of a copy of an eye surgeon,s invoice. e) Drug Plan ... A thirty-five ($0.35) generic drug plan as detailed in the Master Policy. When
medically prescribed by a doctor, and no substitution is allowed by the doctor, then a "brand name'' drug will be covered.
g) A Dental Plan with Basic Preventative (Dentures included at 50% deductible) subject to the maximums of insured services provided by the Master Policy and the Current Year minus one (I) year Dental Fee Structure for the Province of Ontario Dental Association.
This benefit is only available to seniority employees who have completed one (I) year of service.
h) Chiropractic Benefit, subject to the provisions of the Master Policy, to a maximum of $300 per annum and $25·per visit.
Page26 of 26
2. It is agreed and understood by the Union, that the Group Benefits, outlined in Appendix "B" will be suspended, at the end of the month following the month of lay-off, and at the end of the month of the commencement of any leave of absence; and except that during Workers' Compensation, benefits under Appendix "B" will continue for a period of 24 months or 25% of years of serviee whiehever is greater. Group Benefits will terminate at the date of termination of employment and retirement. Group Benefits, other than Weekly Indemnity, will also be suspended after an employee has been off work for three (3) months due to non-occupational sickness or injury.
Employees re-called and returning to work after lay-off shall have their benefits reinstated upon the date that they return to work.
3. A Weekly Indemnity Policy, subject to the provisions of a Master Policy, the premiums to be paid 100% by the Company, to be introduced to replace the current "sick pay" system, based on 75% to a maximum of$600, 1-3-52, with first day hospital, taxable plan.
It is understood that for non-occupational sickness or injury, then all other Extended Health Care Benefits will expire when off work greater than three (3) months.
The Union and employees agree that the Company is entitled to the full employee/employer (12th./l2th.) Unemployment Insurance Commission Premium Reduction Benefit
4. Paid Education Leave .. The Company agrees to pay into a special fund two cents (2¢) per hour per regular employee for all compensated hours for the purpose of providing paid Education Leave. Said paid education leave will be for the purpose of upgrading the employees skills in all aspects of Trade Union functions. Such monies to be paid on a quarterly basis into a trust fund established by the National Union, CAW, and sent by the Company to the following address: CAW Paid Education Leave Program, RR # 1, Port Elgin, Ontario, NOH 2CO.
The Company further agrees that members of the bargaining unit, selected by the Union to attend such courses, will be granted a leave of absence for twenty (20) days of class time, plus travel time where necessary, said leave of absence to be intermittent over a twelve (12) month period from the first day of leave. Employees on said leave of absence will continue to accrue seniority and benefits during such leave. The Company further agrees to supply the Union with the following information when each contribution is sent to the Paid Education Leave Program: the Local Union number, the bargaining unit covered, the number of employees, the number of hours used in the payment calculation and the period of time covered.
5. Effective June 18th 2005 increase the contribution to CWIPP to $ 1.60 per compensated hour, effective June 18, 2006 increase the contribution to $1.80 per compensated hour and effective June 18th 2007 increase the contribution to$ 2.00 per compensated hour, to a maximum of 1800 hours in any contract year, for each employee who has completed one (l) year of seniority or more, to the Canada Wide Industrial Pension Plan (C.W.I.P.P.).
6. The Company will provide a "Benefit Booklet" to all employees, explaining the benefit package available to them.
7. The Company agrees to mail Benefit Claim Forms, to the Insurance Carrier, on a daily basis, and provide information to the Plant Committee of verification, if requested.
8. The Company agrees to advise the Insurance Carrier to deduct ten percent ( 1 0%) income tax from each Weekly Indemnity cheque.
Page27 of 27
·IN WITNESS WHEREOF THE SAID PARTIES HAVE HEREUNTO SIGNED :
ForBryan Donkin RMG Canada Limited.
P. Hinchley T. Dean W. Madigan BadHeary
For The National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAWCANADA) and it's Local 636.
L. Wells Geffie Fergo Berto Barb Pimentel Lee Mills Keith Sparks Michael Campbell Ross.Gerrie
.For the Company
Dated at Woodstock, this . . . . . . . day of .....
Page28of 28
For the Union
LEITER OF UNDERSTANDING- #1 ARTICLE 19 -HOURS OF WORK
Clause 19.05
This Clause covers the rotation of shifts, if required, every 14 days.
In the past, when it has been necessary to operate the afternoon shift, it has been the Company's practice to advise all employees by a notice on the bulletin board and to request volunteers to fill the jobs that are required to be run. Normally this exercise generates enough volunteers.
Should insufficient volunteers "come forward" then the Company will approach the Junior Employees that are proficient in the job function and assign them to work on the afternoon shift - on a 14 day rotating basis, with other qualified employees in the job function.
It would be the Company's intention to continue this practice over the life of the Collective Agreement.
The Company agrees to give consideration to employees' who request, in writing, to "switch" shifts, provided the two (2) employees are qualified and within the same Job Classification on different shifts.
·Such request must be made One ( 1) week prior to the date of this shift "switch".
The Union understands that any replacement must be qualified to perform the work.
Agreement will be at the Company's discretion.
LEITER OF UNDERSTANDING - #2 ARTICLE 12- SENIORITY
ARTICLE 22 -OCCUPATIONAL ACCIDENTS OR ILLNESS
MODIFIED WORK
The Company agrees to abide by the Modified Work concept under the Workers' Compensation Act, as it relates to the terms of the Collective Agreement in the matter of Occupational Accident or Illness.
Page29of 29
LETTER OF UNDERSTANDING- #3
SUBSTANCE ABUSE
During the course of the 1993 Collective Agreement negotiations, the Union and the Company discussed the issue of substance abuse as it affects employees, and the possibility of utilising an employee assistance programme.
In addition to the serious consequences to the individual, it is recognised that substance abuse contributes to absenteeism and other disruptions to the workforce, and can adversely affect safety of all employees, job performance and employee morale.
The intent of the Company and the Union is to assist such employees, consistent with their attitude toward their problem.
Such assistance includes, but is not necessarily limited to, identification of a problem at its earliest stages, motivating the individual to maintain help, referral of the individual to the appropriate treatment and rehabilitation facilities, and a continuing education of members of Management and Union alike to recognise and deal constructively with such problems as they arise.
The Company will maintain Group Insurance Benefits to those employees who have been admitted to appropriate rehabilitation facilities.
Local 636 CAW will make available substance abuse representatives to all or any employee who seeks help on an ongoing and confidential basis.
In recognition of the fact that rehabilitation is the ultimate goal of both parties, however any special problems which may arise not covered by this statement will be discussed by the parties.
LETTER OF UNDERSTANDING - #4
WORKERS COMPENSATION
The Company wishes to assure the Union that it will follow the Workers Compensation Act as currently written or amended.
The Company further assures co-operation with the Chairperson/Workers Compensation Representative.
Page30of 30
LETTER OF UNDERSTANDING - #5
MOTOR VEHICLE CONVICTIONS
The Company agrees to consider each situation on a case by case basis.
Letter of Understanding #6
JOB ENRICHMENT
The Union agrees that the Company may select employees to work in the job functions of any classification. In order to provide this learning opportunity the Union agrees that the Job Posting, Temporary Transfer and Seniority Provisions of the Collective Agreement will not apply in any such selections by the Company.
Once during each year of the Collective Agreement all employees will be given an opportunity to sign a notice of their interest in participating in the Job Enrichment Programme.
The Company will select employees from this list who have the basic requirements to be successful in the programme, and when possible the most senior employee will be selected first.
The Company will select the Jobs to be offered, and will determine the length of each assignment.
Selected employees who refuse the assignment will not be considered for any future opportunities for a period of twelve (12) months unless waived by the Company.
Copy of lists and names of the selected employees will be given to the shop chairperson.
Page 31 of 31
Letter of Understanding #7
PRODUCTION STANDARDS
During the 1999 negotiations there were discussions concerning Production Standards within the Plant.
It is understood that during the life of the Collective Agreement the Company may conduct a time study on any or all jobs. The studies will use the employee with the average production numbers to receive accurate test results.
In the event of a dispute regarding a Production Standard, the parties will mutually agree to a qualified time study engineer/technician to study and/or observe the disputed job. In the event of a further disagreement on the fmdings either party may refer the dispute to arbitration.
The parties agree that the matter will be put before an arbitrator qualified in Industrial Engineering Time Study or equivalent.
Page32 of 32
NOTICE TO ALL EMPLOYEES
The following procedure will apply regarding disciplinary action for violations of Company Rules and Regulations.
MINOR OFFENCES
a) 2 written warnings. b) Counselling Session (1 time only) c) 2 day suspension. d) 3 day suspension. e) Discharge.
MAJOR OFFENCES
a) Counselling Session (1 time only) b) 2 day suspension. c) 3 day suspension. d) Discharge.
INTOLERABLE OFFENCES
a) 2 day suspension. b) 3 day suspension. c) Discharge.
THE FOLLOWING OFFENCES WILL RESULT IN THE IMMEDIATE DISCHARGE OF AN EMPLOYEE:
a) Theft. b) Any act of physical violence against any other employee or supervisor.
A PLANT AVERAGE WITH A MINIMUM OF 3.5% WILL BE USED TO DETERMINE A PERCENT AGE FIGURE FOR THE FOLLOWING:
Lateness and Absentee will be calculated on a 6 month basis.
The Union Chairperson or his/her representative will be in attendance at all discipliniary meetings, from Counselling Session to Discharge.
Written warnings will be handed to employees in a private area.
Page 33 of 33
• '·
Letter of Understanding #8
ARTICLE 8- REINSTATED GRIEVANCES
During the 1999 negotiations, the parties acknowledged the desirability of ensuring prompt, fair and fmal resolution of employee grievances.
The parties also recognised that the maintenance of a stable, effective and dependable Grievance Procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to re-instate, a grievance properly disposed of, as contrary to the purpose for which the Grievance Procedure was established and volatile to the fundamental principles of Collective Bargaining.
However, in those instances where the National Union (CAW-Canada) by either its:
1) Local Executive Board/National Executive Board 2) Public Review Board 3) Constitutional Convention Appeals Committee
Has reviwed the disposition of a grievance and found that such disposition was improperly effected by the Union or Union Representative involved, the National Union may inform the Manufacturing Director, or his designate, in writing that such grievance is re-instated in the Grievance Procedure at the Step at which the original disposition of the grievance occurred.
It is agreed, however, that the Company will not be liable for claims or damages including back pay claim, arising out of the grievance that either:
l) are already barred under the provisions of the aforementioned agreement at the time of the reinstatement of the grievance, or
2) that relate to the period between the time of the original disposition and the time of the reinstatement as provided herein.
It is further agreed that reinstatement of any such grievance shall be conditional upon the prior agreement of the Union and the employee, or employees, involved that none of them will thereafter pursue such claim for damages against the Company in the Grievance Procedure, or in any Courts or before Federal, Provincial or Municipal Agency.
An employee must institute the appeal procedure within thirty (30) days of the original disposition of the grievance. As soon as an employee institutes the appeal procedure the Union shall promptly give written notice to the Company.
Notwithstanding the foregoing, a decision of any arbitrator on any grievance shall continue to be fmal and binding on the Union, and its members, the employee, or employees, involved and the Company and such grievances shall not be subject to reinstatement.
This letter is not to be construed as mofifying in any way the rights or obligations of the parties under the terms of the aforementioned agreement except as specifically limited herein, and does not affect sections thereof that cancel fmancialliability or limit the payment or retro-activity of any claim, including claims for back wages, or that provide for the final and binding nature of arbitration decisions or other grievance resolutions. It is understood that this letter of agreement and the Company's obligation to reinstate grievances as provided herein can be terminated by either party upon thirty (30) calendar days notice in writing to the other.
Page 34 of 34
• e·
Let:ter ef UaderstaBEiiag #9
PAIWTBRIPADITER HeLPERS
.1999 Celleethre Agreemeat aegetieens. Tke Camp~ llgi'ees that vAtftift th:ifty (3Q) ealeae:ie£ says from ratifieatiea efthe >'\gRiemeat l:hey vAll post ajee for l:hree (3) Pamters.
Roffttiea ofpamters aBEl helpiBg hew.reea the paiaters ;vill eeatimte as preseat praetiee.
IB the e\'eat that there are BO appliea:Bts l:he Gomp~ vAll iavoke Claese 15.07.
LETTER OF UNDERSTANDING# 9 -1-Q
HEALTH & SAFETY ISSUES
The Parties agree to the following points:
1) The practice of monthly plant tours and meetings shall continue.
2) MSDS.copies shall be distributed to the certified Health & Safety representative.
LETTER OF UNDERSTANDING # 10 -1-1-
CONTRACTING OUT
. On occasions contracting out decisions are made to maintain or increase the plant competitive position. Accordingly, when a decision is made to contract out any work., the plant management will discuss the decision with the Plant Committee.
LETTER OF UNDERSTANDING# 11 -1-2,
LEAD HAND
Lead Hands will be appointed by the Company and will be paid 75 cents per hour actually worked as a Lead Hand above their normal hourly base rate when performing, Company assigned, lead hand duties. Lead Hands will not have the authority to recommend and /or administer discipline.
Page35 of 35
..
LETTER OF UNDERSTANDING # 12 H
JUNE 20TH 2002
OVERTIME EQUALISATION
The Company and the Union agree to the following regarding averaging of overtime hours.
Equalisation of Overtime will be maintained within 28 hours in each 3 month period.
This equalization of overtime shall apply to all employees on each job requiring overtime within the 6 areas within the plant, as follows:
a) Mini Asembly (further sub-divided by job as follows: Canadian Mini Tester, Moulder, Painter, Builder and Assembler.
b. 309 Area (further sub·divided by job as follows: Assembler, Builder and Regulator Tester {excluding Canadian Mini}).
c. Machine Shop,
d. Auto's,
e . 2nd Operations.
f. Stations
Probationary employees, upon achieving seniority shall assume the current average overtime hours worked by the employees performing the same job or the same work area, whichever is the highest.
· Employees recalled from layoff; returning from long term leave of absence; and successful job bidding shall assume the average overtime hours worked by the current employees in the work area affected.
Only employees with actual lower overtime hours shall assume the current average overtime hours for their new work area.
No probationary employee will be offered overtime prior to asking all seniority employees who have the . skill and ability to perform the required work.
LETTER OF UNDERSTANDING # 13 .J..4
EXTENDED ASSISSTANCE PROGRAM
The Company agrees to review, on a case to case basis, the needs for assistance of an individual employee for personal contemporary concerns such as; marriage, family, stress, alcohol etc., not covered by the current Group Insurance Employee Benefits Master Policy.
Page36of 36
..
:bETTER OF UNDERSl'AN-DlNG # IS The Cempaay agrees te ex•ead tlle layoff pre,r.Jsieas for !he follewlag employee's aatil Deeember 31, 3992. Kimberly Tayler Da'lid Fowler Niehelas Cronkwright Briaa Parks Brad Krapf Meaiea Clark Jeff Correia Rebeeea Werkma& Witeld Drahos Baydea Wal!ers Ia& Oliwr Brenda MeCatehea TaBHBy Jeyee
LETTER OF UNDERSTANDING# 19 Dwing the 2QQ2 Celleeti-¥e BargainiBg the Uniea booagkt te the Ce~fiBY's atteatiea that there aad eeea ea eeeasiea a deaele bamJ:liag sifttatiea iB the &J:lJ:llieatiea ef the tempefa:t)' transfer JIFE!eess ef the Cel!eeti->le Agreemeftt. Tae Uaiea aekae·,v:leaged the Camp~·· s e*f)laaatiea that t&e eeeasieaal eireamstaaee 8as 8aJ3pe&ed, aad the Ce~aay &Ssares that this is aet te 9e eeastnled as their aeFmal 13raetiee. The eempa:ey will eade&¥er te eBSare this · Eiees aet happea agailh
LETTER OF UNDERSTANDING# 14 Violence Against Women
During the current negotiations, the parties discussed the concern that women sometimes face situations of viohmce or abuse .in their personal life that may affect their attendance or performance at work. The pnrties agreed that when there is adequate verification from a recognized professional (ie. Doctor,lawyer, professional counselor), a woman who is in an abusive or violent personal situation will not be subject to discipline without giving full consideration to the facts in the case of each individual and the circumstances surrounding the incident otherwise supportive of discipline. This
·statement of intent is subject to a standard of good faith on the part of the Company, the Union and the affected employees and will not be utilized by the Union or employees to subvert the application of otherwise appropriate disciplinary measures.
COLLECTIVE AGREEMENT BOOKLETS
The company agrees, without precedent, to provide each employee with a copy of the Collective Agreement Booklet within 3 months of ratification
Page37 of 37
• •
I
l' I ''
• •• lN WITNESS WHEREOF THE SAID PARTIES HAVE HEREUNTO S1GNED :
For Bryan Donkin RMG Canada Limited.
P. Hinchley 1". !Jean W. Madigan
For The National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAWCANADA) and it's Local 636.
Fergo Berto finrb Pimentel Keith Sparks Mkhael Campbell Ross Gerrie
