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AGREEMENT

between

GE Specialty Extrusions Incorporated (hereinafter called “the he Company”) Employer” or “t

g (For the Long Sault Plant)

and the

United Brotherhood of Retail, Food,

Industrial and Service Trades International Union (hereinafter called “the Union”)

2007 - 2010

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Contents

Article Page

1 Purpose 4

2 Recognition and Scope 4

3 Management Rights 5

4 Relationship 5

5 Check-Off of Union Dues 6

6 Representation 7

7 Strikes or Lockouts 9

8 Grievance Procedure 9

9 Discharge and Disciplinary Action 11

10 Arbitration 12

11 Seniority 13

12 Seniority and Hours of Work 16

13 Job Vacancies 18

14 Leave of Absence 19

15 Jury Duty, Crown Witness Duty 20

16 Payment For Injured Employees 20

17 Reporting For Work 20

18 Individual Agreement 21

19 Holidays 21

20 Wages 22

21 Vacations 22

22 Hours of Work and Overtime 24

23 Bulletin Board 25

24 General 26

25 Health and Safety 26

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Contents (Cont.)

Article Page

26 Bereavement Leave 27

27 Termination 27

Schedule A 29

Schedule B 32

Letter of Intent #1 – Full Time Work With Union 35

Letter of Intent #2 – Problem Solving Process 35

Letter of Intent #3 – Temporary Employees 36

Letter of Intent #4 –Definition of Working Days 36

Letter of Intent #5 – Call Back 37

Letter of Intent #6

Letter of Understanding – Temporary Employees

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AGREEMENT

Article 1 – Purpose The general purpose of this Agreement is to establish and maintain a mutually satisfactory relationship between the Union, the Company and the employees represented by the Union, and to provide procedures for the prompt and equitable disposition of grievances, to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement and to assist the Company in the efficient operation of its business.

Article 2 – Recognition and Scope 2.01 The Company recognizes that the Union is the sole and exclusive bargaining agent for all

employees of GE Specialty Extrusions Incorporated in the Town of Long Sault, save and except supervisors, persons above the rank of supervisor, office, clerical staff and sales persons.

2.02 Terms importing the singular shall be deemed to include the plural and the plural shall be

deemed to include the singular unless the context requires otherwise. 2.03 The term “employee” or “employees” means an employee employed in the bargaining unit

for which the Union is recognized as described in 2.01. (a) “Full time employee” means an employee employed in the bargaining unit who

regularly works twenty-four (24) hours or more per week; and (b) “Part time employee” means an employee employed in the bargaining unit who

regularly works less than twenty-four (24) hours per week. The Collective Agreement shall apply to part-time employees with the exception of Schedule B.

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2.04 Except as otherwise specifically agreed to by the parties in writing, no work which has been

performed by an employee covered by this Agreement shall be performed by an on-site employee (including Supervisors and Forepersons) who is not in the bargaining unit except:

(a) for training or instructional or experimental purposes; (b) because of emergency situations; (c) filling in because of bargaining unit absenteeism or no-shows; (d) unforeseen circumstances The Company agrees not to abuse this provision.

Article 3 – Management Rights The Union acknowledges that it is the exclusive function of the Company: 3.01 To maintain order, discipline and efficiency. 3.02 To hire, discharge, direct, transfer, upgrade, promote, demote or discipline employees, and

to increase and decrease working forces, provided that, if there is a claim of discriminatory upgrading, demotion or transfer, or a claim that an employee has been disciplined unreasonably or discharged without reasonable cause, it may be made the subject of a grievance and dealt with as provided in this Agreement.

3.03 Generally to manage the industrial enterprise in which the Company is engaged, and without

restricting the generality of the foregoing, to determine the number and location of plants, the product to be manufactured, methods of manufacturing, schedules of production, kinds and locations of machines and tools to be used, processes of manufacturing and assembling, the engineering and designing of its products, and the control of material and parts to be incorporated in the product produced. It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the specific terms of this Agreement or in a bad faith, arbitrary or discriminatory manner. It is understood that a claim that the Company has exercised these rights in a manner that is inconsistent with the specific terms of this Agreement or in a bad faith, arbitrary or discriminatory manner shall be proper subject matter of grievance.

Article 4 – Relationship 4.01 The Company agrees it shall not interfere with, restrain, coerce or discriminate against

employees in their lawful right to become and remain members and officers of the Union and to participate in its activities.

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4.02 Authorized representatives of the Union shall be permitted to enter the plant at reasonable times for the purpose of conducting business as required by the terms of the Collective Agreement. Such representative shall contact the General Manager or his designee in advance of the visit, and entry shall not be refused provided there shall be no interference with employees performing their work. Should an employee be required to meet with the Union representative, permission will be obtained from the employee’s Supervisor. Such permission shall not be unreasonably denied. It is agreed that except for regular functions under this Agreement, there shall be no Union activity on Company premises without the agreement of the Company.

4.03 The Employer agrees that when needed, a location, conducive with privacy, shall be

provided where the Union may meet with an employee and/or Union Steward, when required while performing functions under this Collective Agreement, including but not limited to grievance investigations.

4.04 CONSULTATION PROVISION – Labour Management Meetings On the request of either party, the Company and the Union Consultation Committee

comprised of the Union Business Agent and two (2) members of the bargaining unit selected by the Union shall meet as required for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this Agreement.

4.05 NO DISCRIMINATION The Company and the Union agree to observe the provisions of the Ontario Human

Rights Code. 4.06 The Employer and the Union agree that there will be no discrimination with respect to

matters under the Collective Agreement on account of race, ancestry, place of origin, colour, sex, ethnic origin, citizenship, creed, sexual orientation, age, record of offenses, marital status, family status, or handicap. The parties agree that this provision is subject to the limitations and definitions set out in the Ontario Human Rights Code.

Article 5 – Check-Off of Union Dues 5.01 The parties agree that all employees covered by this Agreement shall, as a condition of

continued employment, on the completion of their probationary period become and remain members of the Union in good standing in accordance with the By-Laws and Constitution of the Union.

5.02 During the lifetime of this Agreement, the Company shall take from the pay of all

employees covered by this Agreement, from their first date of hire, on the first pay-day of

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each calendar month, such amount as may be uniformly assessed by the Union as regular monthly Union dues and or assessments, and shall remit the amount deducted to the Financial Secretary of the Union on or before the fifteenth (15th) of the month in which the deductions were made. It is understood and agreed that new employees hired after the date of this Agreement shall have the Union initiation fee as uniformly assessed by the Union deducted from the first pay due to the employee in the month following completion of the probationary period.

5.03 The Union agrees to indemnify and save the Company harmless against all claims or other

forms or liability that may arise out of, or by reason of, deductions made or payments made in accordance with this Article.

5.04 The Company agrees to record total Union Dues paid by each employee on their T-4

Information Slip. 5.05 The monthly remittance shall be accompanied by the name and home address of each

employee for whom pay deductions have been made and the total amount deducted for the month. This statement shall also show the total gross earnings and the hours worked. Such statements shall also list names and home addresses of employees from whom no deductions have been made and the reasons why.

5.06 The Employer shall provide the Union, monthly with a list of those employees: (1) Recalled to work; (2) Newly hired; or, (3) Quit. It is further understood that the Employer shall immediately provide the Union with any

change of address.

Article 6 – Representation 6.01 The Employer agrees to recognize up to one (1) Steward per shift, A, B, C and D shifts, plus

one (1) Steward on day shift (one (1) of whom shall be the Chief Steward). Should additional shifts be implemented the parties will jointly review and decide upon the need for any further Steward representation.

6.02 All members of Union Committees and all Stewards must have one (1) year or more service

with the Employer to serve in such capacity, provided that if no such employee is willing to accept appointment, the Union may appoint an employee to temporarily fill the position. The Union shall provide the Employer with written notification of the names of each

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Steward. The Employer shall be required to recognize these representatives only from the date of receipt of this notice.

6.03 The Union acknowledges that the Shop Stewards have their regular duties to perform as

employees of the Company and such persons will not leave their regular duties without first obtaining permission from their Supervisor. The Company will grant Stewards permission to leave their regular duties for the purpose of processing grievances subject to the following:

1. The processing of grievances at any stage must be between the Union and

Management. An employee having a grievance may discuss it with his Steward during working hours upon the approval of the Supervisor. Such approval shall not be unreasonably withheld.

2. The time away from productive work shall be reported in accordance with the

timekeeping methods of the area concerned. 3. Should the Company deem the time taken for the above activities to be excessive,

the concern will be raised with the Union, and the parties will cooperate in limiting such time to the minimum required to adequately perform the function.

4. Payment for Stewards and grievors will be in accordance with Article 6.06 and

Article 8.02 respectively. 6.04 NEGOTIATING COMMITTEE The Company agrees to recognize and deal with a Negotiating Committee which shall

consist of the Union General President or his designee, the Union Business Agent and two (2) bargaining unit employees.

6.05 The Negotiating Committee is a separate entity from other committees and shall deal only

with such matters as are properly the subject matter of negotiations, including proposals for the renewal or modification of this Agreement.

6.06 Any qualified employee who is selected by the Union as a Union Steward or as a member of

any of the committees provided for in this Agreement (except for the Negotiating Committee) shall be compensated while attending to business, authorized by and with the Company, resulting from his or her duties as a Union Steward or attendance at such committee meetings. Payment will be made at his or her regular straight time hourly rate. For purpose of clarification, such payments do not apply for time spent on Union business, and therefore not with members of management, such as Steward meetings, membership meetings, etc.

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6.07 For the purpose of training and education supplied by the Union, the Company shall grant time off, if notified at least one (1) month in advance of the proposed date, and those Shop Stewards who will attend. Shop Stewards attending said training will be paid for time lost up to one (1) day per year. The parties will cooperate in agreeing upon a mutually satisfactory date for scheduling such training in order that production operations in the plant are not adversely impacted.

6.08 NEW EMPLOYEE ORIENTATION The Employer agrees to notify new employees that a Collective Agreement is in effect, the

name of their Union, and the names of their respective Stewards. Such Stewards shall be provided with the opportunity to hold an orientation meeting with each new employee without loss of pay for fifteen (15) minutes during regular working hours and within the first thirty (30) days of employment at a time and place acceptable to the Company.

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Article 7 –Strikes or Lockouts 7.01 The Company agrees that, during the life of this Agreement, it shall not cause or direct any

lockouts of employees and the Union agrees that it shall not cause or direct any strikes of its members.

7.02 The Labour Relations Act of Ontario defines a strike and lockout as follows: “Strike” includes a cessation of work, a refusal to work or to continue to work by employees

in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of the employees designed to restrict or limit output.

“Lockout” includes the closing of a place of employment, a suspension of work or a refusal

by an employer to continue to employ a number of his employees with a view to compel or induce his employees, or to aid another employer to compel or induce his employee, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employer’s organization, the trade union, or the employees.

Article 8 – Grievance Procedure 8.01 It is the mutual desire of the parties hereto that any complaint or cause for dissatisfaction

arising between an employee and the Company with respect to the interpretation, application, administration or alleged violation of this Agreement shall be adjusted as quickly as possible.

8.02 It is agreed that all meetings throughout the grievance procedure held between the Company,

the employee and the Union Steward shall be held during regular working hours provided that the normal flow of business is not disrupted. The employee shall be paid for time lost from work to attend these meetings at his or her regular straight time hourly wage rate. There will be no payment for those employees who have been suspended or discharged.

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8.03 STEP 1: It is generally understood that an employee has no complaint or grievance until they have

first given their immediate Supervisor an opportunity to adjust the complaint. This complaint shall be given to the Supervisor within a reasonable period of time not to exceed five (5) working days from the time the employee ought reasonably to have become aware of the circumstances giving rise to it. The employee may request a Union Steward to be present at this meeting. If a settlement satisfactory to the employee concerned is not reached within two (2) full working days, the grievance may be presented as follows at any time within five (5) full working days thereafter.

8.04 STEP 2: The aggrieved employee may with or without the Union representative present his

grievance, which shall be reduced to writing on a form supplied by the Union, to the official of the Company named by the Company to handle grievances at this step. Should no settlement satisfactory to the employee be reached within five (5) full working days, the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter.

8.05 STEP 3: The Union, if it considers it a valid grievance, may submit the grievance to the Manager –

Human Resources for GE Plastics Canada and the parties shall meet as promptly as possible thereafter in an endeavour to settle the grievance before it is submitted to arbitration.

8.06 STEP 4: If satisfactory settlement is not reached within ten (10) working days from the STEP 3

meeting and if the grievance is one which concerns the interpretation, application, administration or alleged violation of this Agreement, the grievance may be submitted to arbitration.

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8.07 GROUP GRIEVANCES When two or more employees wish to file a grievance arising from the same incident, such

grievance may be handled as a group grievance and presented to the Company beginning at Step 2 of the grievance procedure, provided such complaint is filed within a reasonable period of time not to exceed five (5) working days from the date the employees ought reasonably to have become aware of the circumstances giving rise to the complaint.

8.08 POLICY GRIEVANCE If, during the life of this Agreement, a dispute should arise between the Union and the

Company concerning the interpretation, application, administration or alleged violation of the Agreement, then the aggrieved party may submit the alleged complaint to the other party, in writing, giving full particulars of the matter. This complaint must be given to the Manager or the Union Staff Representative, as the situation may demand, within a reasonable period of time starting at Step 2 of the grievance procedure.

8.09 Any of the time limits outlined in the foregoing may be extended by mutual agreement

between the parties.

Article 9 – Discharge and Disciplinary Action 9.01 The Company agrees that it is not desirable to discipline or discharge an employee on

his/her days off. With the exception of terminations, no employee shall be suspended or disciplined on their days off. It is agreed that the Company shall be required to pay an employee who is suspended or discharged the minimum reporting allowance on the day upon which the discipline was imposed if the Company is unsuccessful at arbitration on the discipline that was imposed for the day in question.

9.02 The Company shall notify the Union by fax of the discharge of a seniority employee within

twenty-four (24) hours of the discharge.

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9.03 DISCIPLINARY MEETINGS AND RECORDS

(R) (a) In the case of an employee being interviewed for the purpose of receiving disciplinary action, either party may request to have a Union Steward present during the interview. In the event a Steward is not available then another employee may be asked to attend as a witness. The company shall inform the employee of this right at the beginning of the interview.

(b) Any disciplinary notice which is provided to an employee shall be signed by

the employee for the sole purpose of acknowledging receipt. (c) A copy of any written reprimand, notice of suspension or dismissal will be

given to a Union Steward. 9.04 A claim by an employee who has completed his probationary period that he has been

discharged without cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step No. 2 within five (5) days after the employee is discharged. Such special grievance may be settled by the conferring parties under the Grievance Procedure or by an Arbitrator or by:

(a) confirming the Company’s action in dismissing the employee; (b) re-instating the employee without compensation for time lost or with payment

to him for time lost due to the discharge at his regular rate of pay for his normally scheduled work for the period the employee would otherwise have worked;

(c) by any other arrangement which may be deemed just. 9.05 Pursuant to his being discharged, an employee shall be allowed to confer with his Shop

Steward in private for a reasonable length of time (up to thirty (30) minutes) before leaving the premises.

9.06 At any stage of the grievance procedure including arbitration, the conferring parties may

have the assistance of the employee or employees concerned and any necessary witnesses and/or documentation. All reasonable arrangements will be made to permit the conferring parties to fully investigate all the circumstances at a mutually agreed time.

(R) 9.07 All notices of discipline will be removed from employee records after eighteen (18) months

from the date of issue. An exception to the above will be any situation whereby the notice of discipline represents a reoccurrence of a similar nature within the eighteen (18) month period, in which case the prior notice will be retained in the records.

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Article 10 – Arbitration 10.01 When a difference arises between the parties relating to the interpretation, application or

administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties after properly exhausting all the steps of the grievance procedure set forth in this Agreement, may notify the other party in writing of its desire to submit the difference or allegation to arbitration and notice shall contain the first party’s suggestions for an impartial arbitrator. The recipient of the notice shall within five (5) working days inform the other party of the name of its suggestions. If the recipient of notice fails to suggest an arbitrator or if the parties fail to agree on an arbitrator within fifteen (15) working days, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party.

10.02 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or

settle the grievance. 10.03 No matter may be submitted to arbitration which has not been properly carried through all

requisite steps of the Grievance Procedure. 10.04 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this

Agreement, nor to alter, modify, add to, or amend any part of this Agreement. 10.05 The decision of the Arbitrator will be final and binding upon the parties hereto and the employee

or employees concerned. 10.06 The Arbitrator’s expenses shall be borne in equal shares by the Company and the Union. 10.07 For the purpose of Articles 8, 9 and 10, the word “days” shall not include Saturday, Sunday or

Holidays.

Article 11 – Seniority 11.01 New employees will be considered probationary employees for the first ninety (90) calendar days

of their employment at the Company, and during the probationary period will be entitled to no seniority and may be dismissed or laid off at the sole judgement of the Company. The parties further agree that any such dismissal or layoff shall not be a dispute between the parties under this Agreement. Upon completion of the probationary period the employee’s name will be entered on the seniority list with the seniority dated from the date last hired.

11.02 During the probationary period an employee shall be considered as being employed on a trial basis

and may be dismissed at the sole discretion of the Employer. Any termination occurring

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during the probationary period shall be deemed to be just cause for termination or release and shall not be the subject of a grievance and/or arbitration.

11.03 The Company shall maintain up to date seniority lists showing each employee’s seniority date and

his classification. Copies of such lists shall be supplied to the Union twice a year and posted in each department.

11.04 Lay-offs and recalls shall be based upon the following factors: (a) plant seniority; (b) qualifications*, skill and ability to perform the work; where in the judgement of the Company, which shall not be exercised in an arbitrary or

unfairly discriminatory manner, the elements in factor (b) are sufficient (as outlined in 11.05

(b)), seniority shall govern. * Qualifications refers to any certificate, diploma or other formal

accreditation required by the Company in order to carry a particular job classification.

11.05 (a) If a reduction of forces is necessary, the matter will be communicated to the local Union in

advance. Any employee to be laid off for lack of work for an extended or indefinite period will be given notice of at least one week. The employee will be advised personally of the reason for the layoff and may, if he desires, have a Steward present at that time.

(b) An employee who is laid off may use his seniority to displace a junior employee,

provided he has the necessary qualifications*, skill and ability to meet the normal requirements of the work in terms of quality and quantity within a five (5) day period with training normally provided in the area.

(c) An employee who displaces another employee as provided in this Agreement will be

paid at the classification rate of the employee he is displacing. 11.06 The above provisions do not apply to layoffs due to lack of work of fifteen (15) days or less, and

every effort will be made to give advance notice of such a layoff. When employees with established seniority are affected by such lack of work, the employees who will normally be removed from the job classification affected will be those with the lowest seniority provided the requirements of the work can immediately be as well met by the remaining employees in the classification.

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The Company will give employees with established seniority affected by a lack of work of fifteen (15) days or less the opportunity, in line with their seniority, of working on any available job for which they are qualified.

If an employee would otherwise be laid off out of the plant under this provision more than

fifteen (15) working days in a twelve (12) month period, then he will be placed in a job by the Company provided he qualifies under 11.05 and there is an employee with less seniority on the job in question.

11.07 In promotions within the bargaining unit, preference shall be given to those employees having the

longest service, provided always that the employees in question are, in the opinion of the Company, of sufficient qualifications*, skill and ability. The Company’s opinion shall not be exercised in an arbitrary or discriminatory manner. Any claim that the Company’s opinion has been exercised in an arbitrary or discriminatory manner may be the subject of a grievance.

11.08 In the event that an employee covered by this Agreement should be promoted to a position outside

of the bargaining unit, he or she shall retain the seniority previously acquired and shall have added thereto the seniority accumulated during the first three (3) months while serving in such capacity. At any time up to the first three (3) months, at the request of either the employee or the Company, the employee may be transferred back into the bargaining unit. An employee promoted to a position outside of the bargaining unit for a period which exceeds three (3) months, shall lose his or her seniority.

11.09 It shall be the responsibility of each employee to notify the Human Resources Department

promptly, in writing, of any change of address or telephone number. Letters sent by the Employer to the address on record and telephone calls to the telephone number on record will be deemed to be received by the employee and shall satisfy any obligation on the Employer to provide notice to the employee under any provision of this Agreement.

11.10 An employee shall lose all seniority and his employment deemed to have been terminated if he: (a) voluntarily leaves the employ of the Company; (b) is discharged and is not reinstated through the grievance or arbitration procedure; (c) is laid off for a period of twelve (12) months; (d) fails to return to work upon termination of an authorized leave of absence unless prior

arrangements acceptable to both the employee and the Company have been made for an extension of such leave;

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(e) fails to return to work within ten (10) calendar days after being recalled from extended lay-off by notice sent by registered mail, or fails to advise of his intention to return within five (5) days of the date of such notice being sent;

(f) is absent without leave for three (3) consecutive working days and without a

satisfactory explanation. 11.11 In the event a full-time position is open within the plant, the part-time employee(s) within the plant

shall be considered first before any outside hiring.

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Article 12 – Seniority and Hours of Work Should a position become available on a fixed shift, any employees who are working in the same job classification on rotating shifts will be offered the fixed shift opportunity in order of seniority as the first step in the job filling process.

Article 13 – Job Vacancies 13.01 All new jobs and all permanent vacancies in existing jobs will be posted for five (5) working days.

Any employee who wishes to be considered for a vacancy may make application. Current employees will be considered before new hires are made and the provisions of Article 13.02 shall apply.

13.02 The following factors shall be considered by the Employer in filling the position. (a) Plant seniority; (b) Qualifications*, skill and ability to perform the work.

Where the relative qualifications*, skill and ability of two or more employees to perform the work is relatively equal, factor (a) shall govern.

* Qualifications refers to any certificate, diploma or other formal

accreditation required by the Company in order to carry a particular job classification.

13.03 No job shall be assigned to an employee on a permanent basis unless it has been filled through the

posting procedure outlined in this Article. 13.04 During the course of this Agreement, if the Employer institutes a new job classification, a rate will

be set and the Union will be notified. If the Union disagrees with the rate, the Union will so advise the Employer within thirty (30) days of notification, after which a meeting will be arranged to discuss the rate. If no agreement can be reached, the Union may refer the issue to arbitration within thirty (30) days of the meeting.

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13.05 The Company agrees that the qualified employee covered by this Article will be given a minimum

of five (5) working days of training normally provided in the area. The Employer may require the successful bidder to return to his former job if during the first twenty (20) working day period such bidder fails to satisfy the Employer’s requirements for the job. If no such position exists, or if there are no junior employees in the job classification, the employee may exercise displacement rights under 11.05. Similarly, the successful bidder may elect to return to his former job during the first twenty (20) working day period and the return protocol will be as outlined above. In this latter case the provisions of 13.06 will apply to such individual and he will not be able to apply for another posting for a period of six (6) months.

13.06 Notwithstanding Article 13.01, successful applicants who complete the twenty (20) working day

trial period shall not be able to apply for another posting for a period of six (6) months. The parties may agree in writing not to apply this provision for a particular posting.

13.07 The subsequent job vacancy created by the successful job bidding shall also be filled by job

posting. Any subsequent vacancies will be filled by the Company through offering such vacancies to employees by seniority (from most senior to most junior). The Company may staff such vacancies in the interval between posting the job and placing the individual selected on the job. The Company shall not abuse this procedure.

13.08 Whenever a job posting as provided for herein is posted during a period of time when an otherwise

eligible employee is on vacation, the employee can, during the posting period apply for the position through his Shop Steward provided the employee has given his Shop Steward written notice of his intention to apply for any position posted while he is on vacation.

13.09 TEMPORARY VACANCIES For all vacancies that are expected to exceed thirty (30) days and that are temporary or caused

by illness, accident, vacation, leave of absence, pregnancy or parental leave the Employer shall fill the vacancy using the following procedure:

(a) The employer shall post the vacancy for a period not less than five (5) days.

The posting shall include a job description, the expected duration and the rate of pay. If it is evident or becomes evident that the temporary need will exceed a duration of six (6) months then it will require mutual consent of the parties.

(b) The factors as set out in Article 13.02 will be considered by the Employer

when filling the position. (c) If none of the employees who apply for the posting are qualified in

accordance with 13.02, then the Employer may offer the position to other persons within the bargaining unit at the Company’s discretion.

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(d) It is understood and agreed that in the event that a temporary vacancy does not exceed thirty (30) days then the Employer shall not be required to follow the posting procedure contained in this Article and may fill the vacancy at the Company’s discretion.

(e) The Employer can elect to fill a vacancy without compliance with this Article,

while it is completing the process set out above. The Company will not abuse this provision.

(f) Any vacancy created as a result of an employee being awarded a temporary

position shall be filled by the Employer in the same manner. Any subsequent vacancies will be filled at the Company’s discretion.

(g) The provisions of Article 13.05 will also be applicable in the case of the

filling of temporary vacancies under this Article 13.09. (h) When an employee with established seniority who has been absent due to

illness, accident, vacation, leave of absence, pregnancy or parental leave returns to work, he will be returned to his former job classification and anyone who has filled the job in the interim under this Article 13.09 will be likewise returned to his former classification. Should such return not be possible for reasons such as medical restrictions, insufficient seniority, etc., the employee will be processed under Article 11.05 as if removed from the classification due to lack of work.

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Article 14 – Leave of Absence 14.01 The Company may grant a leave of absence without pay and without loss of seniority to an

employee for reasons acceptable to the Company provided that the Company can maintain a qualified work force. All requests for such leave of absence shall be in writing fourteen (14) days in advance, except in cases of emergency. The Company agrees to reply to such request in writing within seven (7) working days whenever possible. Requests for such leave will not be unreasonably denied.

14.02 It is understood that employees on leave of absence shall not use the time granted for purposes

other than as declared in their request for such leave. 14.03 The Union shall be notified of all leaves granted under this Article and shall be provided with a

copy of the document setting out the terms and conditions of the leave of absence. 14.04 The Company shall grant a leave of absence, without pay or benefits, without loss of seniority and

with continuing accrual of seniority, for a period of up to one (1) year to an employee in order that he may engage in full time activity with the Union. Such leave of absence will be extended from year to year, upon written request of the General President of the Union. Any such employee wishing to return to work prior to the agreed expiry of the leave, will provide two (2) weeks notice to the Employer prior to returning to work. He will be placed in the classification and department in which he last worked in the plant, provided there is an employee junior to him in the classification and provided he can meet the normal requirements of the work. If he is unable so to return, he will be considered laid off and may exercise seniority rights in accordance with the Agreement. Not more than one (1) employee shall be granted such leave of absence at any one time.

Article 15 – Jury Duty, Crown Witness Duty An employee who is selected for service as a juror and returns to work for those periods during his scheduled hours for the period in question which are not required for jury duty, will be compensated for earnings lost due to jury service up to his regular straight time hourly rate based on the number of hours provided by his regularly scheduled hours. An employee who is subpoenaed to appear in court as a witness will be compensated for earnings lost in the same manner as if selected for jury service.

Article 16 – Payment for Injured Employees 16.01 In the event an employee is injured after he or she has commenced work, he or she shall, to the

extent that he or she is required to stop work and receive treatment, be paid the regular

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straight time hourly wage rate lost for the balance remaining of his or her shift. The Company shall provide and arrange for suitable transportation for the employee to the doctor or hospital and back to the Company and/or to his or her home as necessary at no cost to the employee.

16.02 DOCTOR’S NOTES The Company’s practice is not to arbitrarily ask for a doctor’s certificate when an employee

is absent from work for less than three (3) days unless, in the Company’s judgement, such request is warranted based on the employee’s attendance record.

Article 17 – Reporting For Work

(R) 17.01 The Company agrees that an employee reporting for work at the commencement of his/her regular shift, unless previously notified in advance not to do so, shall be given work for at least the half shift, or if no work is available, shall be paid his/her regular hourly rate the half shift, unless failure to supply work is due to conditions beyond the control of the Company such as fire, flood, electrical or mechanical breakdown; or if the employee does not keep the Company advised of his current address and phone number.

17.02 When an employee has not been working because of illness, leave of absence or any other causes,

it shall be his or her responsibility to arrange with the Company for his or her return to work prior to his or her intended date of return, and if the employee fails to do so he or she shall not be entitled to the reporting allowance as herein provided.

Article 18 – Individual Agreement No employee covered by this Agreement will enter into any individual Contract or Agreement with the Company concerning wages or working conditions that will in any way conflict with the terms of this Agreement.

Article 19 – Holidays 19.01 Employees in the active employ of the Company and who are not required to work on the holiday

concerned shall receive pay for the following holidays: New Year’s Day 1/2 Day New Year’s Eve Good Friday Victoria Day Canada Day

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Civic Holiday Labour Day Thanksgiving Day 1/2 Day Christmas Eve Christmas Day Boxing Day 19.02 Holiday pay shall be computed on the basis of the number of hours the employee would otherwise

have worked had there been no holiday at regular straight time hourly rate of pay. 19.03 In order to qualify for holiday pay the employee must work his full scheduled shifts on each of the

work days immediately preceding and immediately following the holiday concerned, unless he has a bona fide reason acceptable to the Company.

19.04 Employees who are required to work on the above mentioned holidays shall be paid time and one-

half their rate of pay. In addition, for those employees who are otherwise eligible for holiday pay under Article 19.03 above, shall have the right to either be paid holiday pay calculated in accordance with Article 19.02, or take another day off with pay, in lieu of the holiday at a time that is mutually agreeable with the Employer .

19.05 If a holiday falls within an employee’s vacation period the Company shall grant either an extra

day’s holiday at a time mutually agreed to, or pay for the holiday as provided herein. 19.06 If an employee is not eligible for payment for a declared Holiday and is required to work, he or she

shall receive one and one-half times (1-1/2) the regular straight time hourly rate of pay for hours worked that day.

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19.07 An employee who is scheduled to work on a holiday as part of his regular schedule and who fails

to work as scheduled will not be paid for the holiday unless his failure to work is due to verified personal illness, bereavement leave, jury duty or emergency illness at home and he is otherwise eligible in accordance with all of the provisions of 19.03 above.

19.08 Notwithstanding the above, part-time employees shall only be paid holiday pay in accordance

with the Employment Standards Act (ESA).

Article 20 – Wages It is the policy of the Company to pay wage rates equal to or better than the average of rates paid in the community for comparable work.

Article 21 – Vacations 21.01 Vacations with pay shall be granted to all employees on the payroll of the Company on the basis

of their seniority with the Company. 21.02 (a) Employees who have completed less than one (1) year of continuous employment with the

Company as of April 30th shall receive one (1) day of vacation for each full month of service up to a maximum of ten (10) days and shall remain on salary continuance for the purposes of vacation pay at current rates. If 4% of the previous year’s (May 1st through April 30th) gross earnings is greater then (10) days at current rates, the surplus will be paid to the employee by May 30th. The vacation hours will be coded in the time management system as vacation.

(b) Employees who have completed one (1) year continuous employment with the

Company as of April 30th shall be entitled to two weeks of vacation, and shall remain on salary continuance at current rates. If 4% of the previous year’s (May 1st through April 30th) gross earning is greater than (2) weeks at current rates, the surplus will be paid to the employee by May 30th. The vacation hours will be coded in the time management system as vacation.

(c) Employees who have completed four (4) years or more of continuous

employment with the Company as of April 30th shall be entitled to three (3) weeks of vacation, and shall remain on salary continuance at current rates. If 6% of the previous year’s (May 1st through April 30th) gross earnings is greater than (3) weeks at current rates, the surplus will be paid to the

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employee by May 30th. The vacation hours will be coded in the time management system as vacation

(R) (d) Employees who have completed ten (10) years or more of continuous employment

with the Company as of April 30th shall be entitled to four (4) weeks of vacation, and shall remain on salary continuance at current rates. If 8% of the previous year’s (May 1st through April 30th) gross earnings is greater than (4) weeks at current rates, the surplus will be paid to the employee by May 30th. The vacation hours will be coded in the time management system as vacation.

(e) Employees who have completed twenty (20) years or more of continuous employment

with the Company as of April 30th shall be entitled to five (5) weeks of vacation and shall remain on salary continuance at current rates. If 10% of the previous year’s (May 1st through April 30th) gross earnings is greater than (5) weeks at current rates, the surplus will be paid to the employee by May 30th. The vacation hours will be coded in the time management system as vacation.

21.03 The Employer agrees to post a vacation schedule for the next vacation year on the bulletin board

on or before January 7th of each year, which will include the week(s) that will be observed as vacation shutdown(s). Should the Company declare vacation shutdowns, at least one week will be scheduled for the July/August period and one week in December. The vacation season will be considered to run concurrently with the shutdown period(s), except for employees designated by the Company in specific classifications that may be required to work during the shutdown(s), such as Machinist/Millwright. The vacation schedule will be posted for thirty (30) days during which employees with vacation entitlement in excess of the period(s) of any shutdown(s) will indicate their vacation date preference. A completed vacation schedule shall be posted by March 1st of each year.

21.04 Where employees request the same vacation period, and the Employer decides to limit the number

of requests, seniority will govern in the allocation of the vacation period. 21.05 Vacations must be taken at such times as are approved by the Employer having regard to the

Company’s need to maintain a qualified and efficient work force. 21.06 If an employee wants to change his vacation dates, he must have the Employer’s consent. No such

change can displace vacation periods already scheduled and approved by the Employer. Notice of change must be given to the Human Resource Department at least two (2) weeks in advance. An answer will be given to the employee no more than three (3) days later. Such approval shall not be unreasonably denied.

21.07 Vacation pay will be paid on a continuous basis, unless an employee makes a special request to

have it paid in advance of vacation. The employee would need to make such a request, at least 5 weeks in advance of the scheduled vacation.

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21.08 “Gross earnings” shall include wages received for work performed at either the straight time or

overtime rate and holiday pay. 21.09 Vacation entitlement must be taken during the calendar year, by no later than December 31st. It is

not permissible to postpone vacation from one year to another. 21.10 Notwithstanding the above, part-time employees shall only be paid vacation pay in accordance with the Employment Standards Act. (ESA).

Article 22 – Hours of Work and Overtime 22.01 The provisions of this Article are intended to define the normal hours of work as a basis for

calculating time worked and shall not be construed as a guarantee of hours of work per day or per week, nor a guarantee of a working schedule.

For the purpose of calculating overtime, scheduled statutory holidays and paid sick days (as per Schedule B), shall be included in the calculation of hours worked..

22.02 The regular work week for eight (8) hour shift employees shall be forty (40) hours made up of five

(5) eight (8) consecutive hour days with two (2) consecutive days off each week.

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22.03 The regular work week for twelve (12) hour shift employees shall be forty-eight (48) hours and

thirty-six (36) hours alternatively, from Sunday to Saturday for an average of 42 hours per week on a two (2) week period (the cycle).

At the end of the cycle, the shifts will alternate from the day shift (7 am to 7 pm) to the night

shift (7 pm to 7 am). 22.04 The Union and the employees agree they will comply with the requirement for all employees to be

at their work station properly attired including any required safety equipment and ready for work at the start of their regular working hours.

22.05 The Company may change work schedules, but will inform the Union in advance of making any

general change in group, departmental or plant work schedules, and where possible at least seven (7) days will be allowed before making a change effective. In the event the Company institutes work schedules other than twelve (12) hour or five (5) eight (8) hour shifts, the parties will negotiate appropriate provisions regarding rest periods, shift and overtime premiums.

22.06 (a) Employees working eight (8) hour shifts shall be entitled to a ten (10) minute paid rest

period in the first and second half of the shift and a thirty (30) minute unpaid lunch period.

(b) Employees working twelve (12) hour shifts shall be entitled to a fifteen (15)

minute paid rest period in the first and second half of the shift and a thirty (30) minute paid lunch period.

22.07 An employee who has left after the completion of his/her regular shift and is called back to work

will be paid at the overtime rate, and will receive not less than the equivalent of four hours pay at their straight time rate.

22.08 (a) For eight (8) hour shift employees overtime shall be paid for all hours worked in excess

of forty (40) hours per week. (b) For twelve (12) hour shift employees overtime shall be paid for all hours worked in

excess of eighty-four (84) hours per two (2) consecutive week cycle. 22.09 Overtime shall be paid at a rate of time and one-half the employee’s regular straight time rate

of pay, and it is recognized that overtime premiums shall not pyramid. 22.10 Overtime opportunities will be offered to employees in the job classification in which the

overtime is required who are qualified and who normally do the work, on the basis of seniority. For this purpose, the Company shall post a list that employees will sign if they are

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interested in working overtime. The list will be posted one (1) week in advance of the overtime requirement, (i.e. Sunday-Saturday period) and will be deemed to be final by 12 noon on the Thursday preceding the overtime required. Individuals who place their name on the list will be deemed as committed to filling any overtime needs the following week, and will be scheduled accordingly. If an employee has been scheduled for overtime and he/she fails to show up for the shift without a bona fide reason, it will be deemed as a “no show”.

22.11 TEMPORARY TRANSFERS When it is necessary to schedule an employee to work temporarily in a higher paying

classification for a period of at least four (4) hours, he shall be paid at the first progression rate for the higher classification that is greater than his current rate of pay for the duration of the assignment. Should an employee be scheduled to work temporarily in a lower paying classification he shall continue to receive his regular rate of pay.

(R) 22.12 Employees shall be entitled a five (5) minute paid wash up period at the end of their shift.

Article 23 – Bulletin Board The Company shall provide a glass encased bulletin board with a lock for the exclusive use of the Union to be located in the lunch room. Except for notice of Union meetings, all Union notices must be signed by an official of the Union and submitted to the General Manager for approval before being posted. Such approval shall not be unreasonably withheld.

Article 24 – General 24.01 Employees will be granted access to their personal files within forty-eight (48) hours of advance

notice (excluding Saturdays, Sundays and Holidays) and shall be accompanied by a member of Management. A request for a photocopy of material out of the file shall be granted at no expense to the employee.

(R) 24.02 Effective August 19, 2007 the Company shall pay an amount of one hundred dollars

($100.00) per contract year to each employee as a subsidy towards the purchase of safety shoes. The payment will be applicable to employees who are on the active payroll the week that includes August 19th. The $100.00 subsidy will not be available to employees during the probationary period. However, employees who purchase safety shoes during the probationary period will be entitled to be paid a $100.00 subsidy upon successful completion of the probationary period.

Employees absent from work the week that includes August 19th and subsequently returning

from absences such as layoff, STD, LTD, and leave of absence during the contract year, will be entitled to be paid the $100.00 subsidy for that contract year upon returning to work. For

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purpose of clarification, there will be no retroactive payments of the $100.00 subsidy for previous contract years.

Article 25 – Health and Safety 25.01 The Employer, the Union and the employees agree to cooperate in the prevention of accidents and

the promotion of health and safety of the employees during the hours of their employment. 25.02 It is the responsibility of each employee to work safely, to perform his job properly in accordance

with established procedures. 25.03 The Employer, the Union and the employees agree to comply with the requirements of the

provincial health and safety legislation that is applicable in the plant, including the operation of a Joint Health and Safety Committee. Such committee will be comprised of an equal number of representatives of management and employees. The employee representatives on the committee shall be elected or appointed by the Union.

25.04 An employee whose regular work assignments include operations on which the wearing of safety

glasses is mandatory, and who requires prescription glasses, will be supplied with his first pair by the Company at no cost to the employee. Where such employee requires a change in prescription the Company will supply a replacement pair but not more frequently than once yearly on the same basis as the initial pair. Work damaged glasses will be replaced as required.

Employees will be directed to a local dispensary or dispensaries designated by the Company

for purpose of the foregoing and will be provided with prescribed frame choices from which to make a selection.

Article 26 – Bereavement Leave 26.01 It is agreed that, after an employee has completed his or her probationary period, the

Company shall grant up to five (5) consecutive days’ leave of absence with pay for the purpose of making arrangements for and/or attending the funeral of the employee’s father, mother, son, daughter, husband or wife, stepmother, stepfather, stepson, stepdaughter. Such leave will include the day of the death or the day of the funeral.

26.02 After an employee has completed his or her probationary period, the Company shall grant up to

three (3) consecutive days’ leave of absence with pay upon the death of the employee’s brother, sister, stepbrother, stepsister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or grandchild for the purpose of attending the funeral.

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26.03 After an employee has completed his or her probationary period, the Company shall grant a one (1) day leave of absence with pay upon the death of one of the employee’s grandparents for the purpose of attending the funeral.

26.04 Payment shall be made at the employee’s regular straight time hourly wage rate based on the

number of normal hours of work the employee would otherwise have worked.

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Article 27 – Termination

(R) This Agreement shall remain in force from the 19th day of August, 2007 until the 18th day of August, 2010, and shall continue in force and effect from year to year thereafter unless in any year not more than ninety (90) days before the date of its termination either party provides written notice of termination, or of proposed revisions of this Agreement. Signed on behalf of GE Specialty Extrusions Inc. in the City of Mississauga on this 24th day of August, 2007. A. Cvecich S. Wright

A. Kizilirmakli M. Gougeon Signed on behalf of The United Brotherhood of Retail, Food, Industrial and Service Trades International Union in the City of Cornwall on this 24th day of August, 2007. D. M. Kelava J. McDowell J. Racine F. Piquette J. Reynolds

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Schedule A

(R) Effective the first day of employment, an employee will receive the Starting Rate for his classification and will receive subsequent progression increases as outlined below.

Schedule A Effective August 19, 2007

Classification Starting

Rate 6

Months 12

Months 18

Months

Electrician 17.82 19.71 20.64 25.22

Millwright 17.82 18.70 19.59 23.93

Operator 12.81 14.26 16.04 17.81

Extrusion General Hand 11.48 12.48 13.07 14.08

Warehouse General Hand 11.48 11.95 12.42 13.34

Effective August 19, 2008

Classification Starting

Rate 6

Months 12

Months 18

Months

Electrician 18.27 20.20 21.16 25.85

Millwright 18.27 19.17 20.08 24.53

Operator 13.13 14.61 16.44 18.26

Extrusion General Hand 11.77 12.79 13.40 14.43

Warehouse General Hand 11.77 12.25 12.73 13.67

Effective August 19, 2009

Classification Starting

Rate 6

Months 12

Months 18

Months

Electrician 18.72 20.71 21.69 26.49

Millwright 18.72 19.65 20.58 25.15

Operator 13.46 14.98 16.85 18.72

Extrusion General Hand 12.06 13.11 13.73 14.79

Warehouse General Hand 12.06 12.56 13.05 14.02 Wage Rates increased by 2.5% in each year of the 3 year agreement.

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Notes:

(R) 1) Notwithstanding the progression steps outlined above, it is agreed that the Company, in hiring a Machinist/Millwright, may pay a starting rate to the individual anywhere in the range up to and including the 18 month maximum rate, based on the qualifications and experience of the individual and market conditions.

(R) 2) In the Operator classification, in order for an individual to qualify for the 18 month maximum rate,

he/she must demonstrate his/her ability to completely and successfully set up and install a die, start up the extruder, and put into production a die blocked sheet of 8 mm – 80 inch product that meets the required quality standards. The foregoing must be completed within an acceptable time frame. Should an individual not succeed in the demonstration he/she will continue to be paid the 12 month rate. Such employee will be given subsequent opportunities to repeat the demonstration at quarterly intervals. When he/she successfully completes the demonstration as outlined above he/she will be moved to the 18 month rate. Any employee currently at the existing 18 month rate will receive a 2.5% general increase effective August 19, 2007 applied to their current rate of pay. However, they will not be paid the maximum rate until they successfully complete the above demonstration. The 2.5% general increases will be similarly applied in the second and third years in the event they have not successfully completed the demonstration.

3) An employee transferring to a higher classification under Article 13 will be paid at the first

progression rate for the higher classification that is greater than his/her current rate of pay, upon completion of the first twenty (20) working day period outlined in Article 13.05. He/she will then proceed to subsequent progression steps in the normal manner.

The same procedure will apply in the case of an employee transferring to a lower classification,

except that in no case will such employee be paid a rate greater (R) than the 18 month maximum rate applicable to the lower classification.

When an employee returns to his/her original position under the terms of Article 13.09(h) he/she

will be paid at the appropriate progression step for the original classification, as if he/she had never taken the temporary vacancy.

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(R) 4) Group Leaders

An employee may be designated by the Company as a group leader and will be paid a premium, in

addition to his/her regular rate of pay, $3.00 per hour for the hours he/she is leading a team For the purpose of clarification a Group Leader’s responsibilities may include: leading the work group to ensure proper procedures/practices are followed including assigning employees to specific tasks, training, providing fill in backup for the jobs in the work group, expediting parts required, troubleshooting minor mechanical problems, and other related duties as assigned. The Group Leader will not hire, fire, discipline employees, or recommend the discipline of employees.

(R) 5) A bonus of 4% per hour of the employee’s applicable classification rate of pay will be paid for

all time worked on the twelve (12) hour continuous shift that begins at 7 pm and ends at 7 am. For purpose of clarification, when such twelve (12) hour shift employees work on the shift that begins at 7 am and ends at 7 pm, the 4% bonus will not be paid.

6) Skilled Trades: A special premium of $1.00 per hr. will be paid to individuals in the skilled trades classifications

(i.e. electrician & millwright) that have dual tickets, as authorized by the appropriate regulatory authority in Ontario.

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Schedule B This will confirm that the Benefit Plans and Pension Plan do not form part of the Collective Agreement and are not subject to grievance and arbitration. Reference to them in this Schedule B is for communication purposes only. 1. The Company agrees to continue the Group Benefit Plan currently in place that is applicable to

employees who have completed the probationary period, on the basis of the following: (a) Employees will pay 100% of the premium cost for Short Term Disability Income

Benefits and Long Term Disability Income Benefits.

(R) (b) The premium costs for the remainder of the Group Benefits will be shared on the basis of the Company paying 90% and the employees paying 10% in the first year of the contract. The Company contribution will increase to 100% for the second and third years of the contract.

(c) The employer will supply a prescription drug benefit card for all employees upon

transition to the new company (Nov. 1st, 2007). 2. Employees will be entitled to three (3) days paid sick leave per year, upon completion of the

probationary period. Such employee shall be entitled to three (3) days paid sick leave if he has completed his

probationary period as at January 1st; two (2) days if completed by May 1st; and one (1) day if completed before September 1st.

Any unusual sick days will be paid by January 15th of each year.

3. Effective no later than December 1, 2001 the Company will implement a Defined Contribution Pension Plan for employees, under which the Company will contribute to each employee’s pension account an amount equal to 1% of the employees earnings, as defined in the Plan, and the employees may make voluntary contributions in addition to the Company contribution. The Company will arrange for communication sessions with employees prior to implementation in order to review the terms of the plans and investment options.

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The basic design of the plan will be as follows:

Participation: Membership is mandatory

(R) Employer Contribution: 1% of eligible earnings, plus 50% match

of the employee’s first 4%* contribution. *Note: Effective August 19, 2008, the employer contribution

increases to 2% of eligible earnings.

Employee Contribution: Voluntary (in whole % only). Members can change % any time. Eligible Earnings: Straight time hourly earnings (or salary), sales commissions,

overtime and shift premiums. Investment Options: Members can direct all contributions from a range of investment

funds offered by the recordkeeper. Members can change the allocation at any time.

Entry Date: Employees join the plan after 6 months of continuous service. Vesting: 100% after two (2) years of plan membership. Locking-in Rules for 100% locked-in after two (2) years of plan membership. Benefits (eg., termination): Pension Adjustment (PA) Company must report sum of all contributions as a PA and Pension Adjustment on the T4, and any forfeitures as a PAR to Canada Reversal PAR) Reporting: Customs and Revenue Agency, each year. Remittances: Sent monthly (within 30 days after each month end).

Tax Reporting for Employee contributions reported on employee’s annual Employee Deduction tax slip (T4). Company contributions not a taxable Purposes: benefit.

Termination of Employee must transfer account balance out of the Employment: plan.

Withdrawals: Not allowed while employed by GE.

Retirement Benefit: Account balance can purchase an Annuity, be transferred to a Locked-In Retirement Account (LIRA) or Life Income Fund.

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Contribution Limit: Total contributions to the plan cannot exceed 18% of current

year’s pensionable earnings.

Forfeitures: Forfeited Company contributions (due to non-vested terminations) will be used to reduce future Company contributions.

Investment Management IMFs will be deducted from each investment fund. The Fees (IMFs) Company will pay any recordkeeping fees.

Plan Booklet: Recordkeeper will prepare. Copies will be given to employees.

Registration: Pension Benefits Act of Ontario, and Canada Customs and Revenue Agency.

Letter of Intent #1 Full Time Work With Union

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This will confirm the agreement between the parties that, should an employee be engaged in full time work with the Union under Article 14.04, the Union may request that such individual continue to be eligible for certain benefit coverages under the Company plans during the period of leave. The Company will in turn make reasonable efforts to arrange such coverage with the applicable insurance carrier(s), on the basis that the Union and the individual make arrangements acceptable to the Company to remit both the employee and employer cost of such coverage. The foregoing is without prejudice and in no way represents a commitment by the Company to provide continuing benefit coverage during such absence. For the Company For the Union A. Cvecich D. M. Kelava

Letter of Intent #2 Problem Solving Process

Notwithstanding the formal grievance procedure outlined in Article 8, the parties recognize the merits of resolving issues as early as possible, and that in many cases a more informal approach can be more effective than a formal procedure. Therefore, the parties agree to meet within a three month period following ratification for the purpose of agreeing upon the design and implementation of a problem solving process in the plant for dealing with employee complaints. It is understood that should such process not yield a mutually satisfactory resolution in any given case, the normal grievance procedure outlined in Article 8 will be applied. For the Company For the Union A. Cvecich D. M. Kelava

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Letter of Intent #3 Temporary EmployeesThis will confirm the agreement of the parties that any temporary employees hired by the Company shall pay Union dues. No other provisions of the Collective Agreement and Schedule A and B will be applicable to such employees. For the Company For the Union A. Cvecich D. M. Kelava

Letter of Intent #4 Definition of Working Days

For purpose of clarification this will confirm the understanding between the parties that the term “working days” will be interpreted as follows: “Working days” will refer to the five (5) day period from Mondays through Fridays for purposes of applying the provisions of Article 8, Article 10 and Article 13.01. “Working days” will refer to the days in the individual employee’s regular work schedule, which may include Saturdays and Sundays for those on 12 hour shift schedules, for purposes of applying the provisions of Article 11.06, Article 13.05 and Article 13.06. For the Company For the Union A. Cvecich D. M. Kelava

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Letter of Intent #5 Call Back

(R) This will serve to clarify that should an employee have already punched out at the end of his/her shift and is subsequently called back to work, the provision of Article 22.07 shall apply. For the Company For the Union A. Cvecich D. M. Kelava

Letter of Intent #6 It is not the company’s intent to circumvent the hiring of full-time, permanent employees with the use of part-time employees. For the Company For the Union A. Cvecich D.M. Keleva

Letter of Understanding – Temporary Employees

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The parties agree that management can utilize temporary staff to supplement the workforce subject to the following conditions. Such temporary staff shall not be considered employees under the terms of the Collective Agreement:

(1)The Company may utilize temporary staff to perform specific tasks provided there are no bargaining unit employees who are on layoff who are qualified to do the job, or if doing so would directly result in the reduction in the regularly scheduled hours of work of a bargaining unit employee. (2) The Union shall inform the company of the amount that the Company shall pay to the Union as a dues equivalent on a per shift basis per such temporary staff. (3) Temporary staff will only be utilized on assignments of three (3) months or less duration and after the applicable job filling requirements of Article 13 have been implemented. Such period may be extended by mutual consent, and such consent shall not be unreasonably withheld. (4) The Company will not use a succession of temporary staff to avoid filling an ongoing job in the bargaining unit in the normal manner. (5) There shall not be more than 7 temporary staff used in any 24 hour period. Such number may be increased with mutual consent, and such consent shall not be unreasonably withheld. (6) Temporary staff shall not be used to cover permanent vacancies that may occur within the bargaining unit. This does not preclude the Company from using temporary staff for a period of not more than 35 days, while conducting a search for a replacement for a permanent position. (7) Temporary staff shall not accumulate time toward the fulfillment of the ninety day probationary period nor acquire seniority under the Collective Agreement. In the event a temporary staff subsequently becomes a regular employee, such employee shall be considered a new employee and shall receive no credit for any purpose for time during which the individual was a temporary staff. (8) The Company may terminate the services of temporary staff at their discretion. Such temporary staff shall not have recourse under the terms of the Collective Agreement. The Company agrees to conform with the terms of this letter in good faith.

For the Company For the Union A. Cvecich D. M. Kelava