COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS INC. · MAPLE LEAF FOODS INC. (hereinafter referred...
Transcript of COLLECTIVE AGREEMENT BETWEEN: MAPLE LEAF FOODS INC. · MAPLE LEAF FOODS INC. (hereinafter referred...
COLLECTIVE AGREEMENT
BETWEEN:
MAPLE LEAF FOODS INC.
(hereinafter referred to as "the Company")
- and -
UNIFOR LOCAL 2003E
(hereinafter referred to as "the Union")
TERM OF THE AGREEMENT
October 1, 2013 to September 30, 2016
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INDEX
Article Page
ARTICLE 1 – PURPOSE…………………...……………………………………….…….. 4
ARTICLE 2 – RECOGNITION……………………………….…………………….…….. 4
ARTICLE 3 – STRIKES AND LOCKOUTS…………………………………….…….…. 5
ARTICLE 4 – UNION SECURITY AND DUES DECUCTION………………………… 5
ARTICLE 5 – MANAGEMENT RIGHTS……………………………....……………….. 6
ARTICLE 6 – EMPLOYEE REPRESENTATION....…………………………………….. 6
ARTICLE 7 – GRIEVANCE PROCEDURE....………………………………………….. 8
ARTICLE 8 – DISCHARGE AND DISCIPLINE....……………………………………...10
ARTICLE 9 – SENIORITY....……………………………………………………………..11
ARTICLE 10 - JOB POSTING...............………………………………………………….13
ARTICLE 11 – HEALTH AND SAFETY....……………………………………………...14
ARTICLE 12 - HUMAN RIGHTS…….....………………………………………………. 14
ARTICLE 13 – BULLETIN BOARD....…………………………………………………. 15
ARTICLE 14 – HOURS OF WORK AND OVERTIME....……………………………....15
ARTICLE 15 – VACATIONS....………………………………………………………….18
ARTICLE 16 – PLANT HOLIDAYS....…………………………………………………..19
ARTICLE 17 – REPORTING PAY AND CALL-IN ALLOWANCE....…………………20
ARTICLE 18 – BERAVEMENT LEAVE....……………………………………………...20
ARTICLE 19 – JURY DUTY....………………………………………………………….21
ARTICLE 20 – OTHER LEAVES.....…………………………………………………….21
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Article Page
ARTICLE 21 – BENEFITS.…………………..………………………………………...22
ARTICLE 22 – WAGES AND CLASSIFICATIONS......................................................23
ARTICLE 23 – TERM OF AGREEMENT ……………………………………………. 24
SCHEDULE “A” …………………………………………………………………….… 25
WAGE RATES/CLASSIFICATIONS ………………………………………… 25
SCHEDULE “B” ………………………………………………………………………. 26
GROUP BENEFITS …………………………………………………………… 26
SCHEDULE "C"
LETTER OF UNDERSTANDING #1…………………………………………..28
APPRENTICESHIP PROGRAM………………………………………………..28
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ARTICLE 1 – PURPOSE
1.01 The purpose of this Agreement is to provide orderly collective bargaining
relations between the Company and its employees covered by this Agreement
through the Union to secure prompt and fair disposition of grievances, to secure
the efficient operation of the Company’s business without interruption or
interference with work and to maintain mutually satisfactory hours of work,
wages and working conditions. The Union recognizes that the business in which
the Company is engaged is highly competitive and that the Company must be able
to maintain an efficient operation and improve itself in a competitive market and
the Union agrees to support the Company in achieving these objectives.
ARTICLE 2 – RECOGNITION
2.01 The Company recognizes the Union as the sole collective bargaining agent of all
Stationary Engineers employed by Maple Leaf Foods Inc. in the Town of
Thamesford, Ontario, save and except Chief Engineer, supervisors and persons
above the rank of Chief Engineer and Supervisor.
2.02 Employees not covered under the bargaining unit shall be permitted to perform
work on a bargaining unit job in cases of emergency and for purposes of
instructing and training, including demonstrating the proper method to accomplish
the assigned task and/or unforeseen employee absenteeism until a member of the
bargaining unit is available, but in no case shall the above result in loss of
employment, layoff or loss of regular hours or overtime for the bargaining unit
employees.
2.03 The word “employee” or “employees” wherever read in this Agreement shall
mean any or all of the employees in the bargaining unit as defined above, except
where the context otherwise provides
2.04 Where the masculine pronoun is used herein, it shall mean and include the
feminine pronoun where the context applies.
2.05 The Employer agrees to recognize Steward and/or alternate steward of the local,
elected by the employees covered by this Agreement, as its representatives for the
purposes of negotiation and administration of this agreement.
2.06 It is understood and agreed that a Steward has his regular duties as an employee to
perform and that is it is necessary to investigate a grievance or attend a grievance
hearing during working hours, the Steward will not leave his work without first
obtaining the permission of the Chief Engineer or designate, which shall not be
unreasonably withheld. The Steward shall report again to the Chief Engineer or
designate at the time of his return to work. The Steward will not suffer a loss of
pay when meeting with the Employer for the purpose of discussing grievances
during working hours
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2.07 The Steward at any time during negotiations may be accompanied by the Business
Representative of the Union when dealing with the Employer.
2.08 The Company, the Union and the employees covered by this agreement agree to
comply with the Technical Standards and Authority Act, 2000 (TSSA), as
amended from time to time.
ARTICLE 3 – STRIKES AND LOCKOUTS
3.01 In view of the orderly procedure established by this Agreement for the settling of
disputes and the handling of grievances, the Union agrees that, during the lifetime
of this Agreement, there will be no strike, picketing, slowdown or stoppage of or
interference with work or production, whether complete or partial and the
Company agrees that there will be no lockout of employees.
3.02 The Union agrees that the Company’s employees in the bargaining unit are bound
by the Technical Standards and Safety Act, 2000 and its associated Regulations.
ARTICLE 4 – UNION SECURITY AND DUES DEDUCTION
4.01 The Union will not nor will any employees engage in any Union activities during
working hours or hold meetings at any time on the premises of the Company
without the permission of the Company.
4.02 All employees of the Company covered under this Agreement, shall as a
condition of employment, become members of the Union upon completion of
their probation.
4.03 During the term of this Agreement, the Company agrees to deduct regular
monthly Union dues or a sum equivalent to the regular monthly Union dues as
certified by the Union to be currently in effect according to the constitution and
by-laws of the Union from the wages of each employee who has authorized such
deductions on each payday of each calendar month and to remit the amount so
deducted to the union no later than the last day of the month.
4.04 As a condition of their continued employment all future employees shall sign an
application for membership card (along with the payment of the requisite
membership fee – currently set at twenty-five dollars ($25.00), but subject to
changes from time to time) or an amount equivalent to the regular monthly dues,
as the case may be.
4.05 The Company shall furnish to the Union with such payments a list of the names of
those employees for and on the behalf of whom deductions have been made.
Deduction statement shall contain the full name of the employee, the social
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Insurance Number, his start date, home phone number, and classification level. If
no deduction is made a reason will be provided.
4.06 The Company agrees to record the annual Union dues for each employee on his
T-4 form.
ARTICLE 5 – MANAGEMENT RIGHTS
5.01 The Union acknowledges that it is the exclusive function of the Company to:
a) maintain order, discipline, and ensure efficiency, and
b) hire, retire, discharge, classify, schedule, transfer, assign, direct, promote,
demote, layoff and suspend or otherwise discipline employees for just
cause; and
c) generally to manage the industrial enterprise in which the Company is
engaged and without restricting the generality of the foregoing, the kinds
and locations of equipment, machines, and tools to be used, and the
allocation and number of employees required by the Company.
5.02 The Union further recognizes the undisputed right of the company to operate and
manage its business in all respects in accordance with its commitments and
responsibilities. The Company also reserves the right to make and alter, from
time to time, rules and regulations to be observed by employees, which rules and
regulations shall not be inconsistent with the provisions of the Agreement, and
any changes in such rules and regulations will be discussed with Union
Negotiating Committee before being put into effect.
ARTICLE 6 – EMPLOYEE REPRESENTATION
6.01 The Company acknowledges the right of the Union to appoint or otherwise select
a Grievance Committee, which shall be composed of not more than one (1)
Steward and one (1), alternate Steward. Each member of this Committee shall
have completed their probationary period with the Company and shall be regular
employees of the Company during their time of office. The Company will
recognize and deal with the said Committee on any matter properly arising out of
this Agreement, and the said Committee will co-operate with the Company in the
administration of this Agreement.
6.02 The name and jurisdiction of each of the Stewards of the Grievance Committee
from time to time selected shall be given to the Company in writing and the
Company shall not be required to recognize any such Steward until it has been
notified in writing by the Union of the name and jurisdiction of same.
6.03 The privilege of members of the Grievance Committee and Stewards to leave
their work to attend to Union business is granted on the following conditions:
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(a) there will be no loss of pay while absent from their work, for approved
Union business, except for time spent preparing for and attending at
arbitration hearings,
(b) such business must be between the Union and the Company;
(c) the time shall be devoted to prompt handling of necessary Union business;
(d) individuals concerned shall obtain the permission of the Chief Engineer or
designate, who shall give permission to leave their work without undue
delay.
(e) The Union representatives will not enter the premises of the Company
before or after working hours without signing in with Security.
6.04 The National Representative of the Union will not enter the premises of the
Company without obtaining the prior consent of the Company, and such consent
will not be unreasonably withheld provided:
(a) he first reports to Human Resources and complies with Site Security
protocol;
(b) such a visit will not unreasonably interfere with work;
(c) he complies with Company regulations governing employees
6.05 At any further negotiations for the renewal of this Agreement, the bargaining unit
will be represented by a Negotiation Committee consisting of not more than one
(1) employee of the Company and the Union’s National Representative. Each
member of this Committee shall have completed their probationary period with
the Company and shall be regular employees of the Company during their time in
office. The Company will recognize and bargain with the said Committee on any
matter properly arising in negotiations for renewal of this Agreement. The Union
shall notify the Company in writing of the names of the members of the
Negotiating Committee at the time of their appointment and the Company shall
not be required to recognize any Committee member until it has been so notified.
6.06 The privilege of members of the Negotiation Committee to leave their work to
attend Union business is granted on the following condition that such business
must be between the Union and the Company.
6.07 Any employee may view his personnel file, upon advance written request signed
by the employee, in the presence of a union representative, if so desired, and a
member of Human Resources.
No copies of records will be provided to the employee. Exceptional situations
will be handled on their own merit; and at the company’s sole discretion, records
may be copied for the employee based on the situation giving rise to the request
6.08 The Company agrees that whenever a meeting is held with an employee where the
subject matter is intended to become part of such employee’s record regarding his
work or conduct, a Steward will be made available as a witness to the employee.
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The employee may request that the Steward leave the meeting. Any conclusion
without the Steward, verbal or written, will not form part of their discipline
record, except in the case where the employee requested the Steward to leave.
The Company agrees to provide a copy of any disciplinary letter to the Union
steward who has been requested to leave the meeting.
6.09 Employees covered under the bargaining unit may use their own personal lock for
their lockers. The employee will, upon request, open it for inspection by the
Company and the request will not be denied without just cause.
ARTICLE 7 – GRIEVANCE PROCEDURE
7.01 The purpose of this Article is to establish a procedure for the settlement of all
grievances arising in respect of the interpretation, application, administration or
alleged violation of this Agreement. The Company and the Union, therefore,
agree that the designated grievance procedure as is set out shall serve and
constitute the sole and exclusive means to be utilized by the grievor, union, and
company for the prompt disposition, decision and final settlement of a grievance
and the specifically designated grievance procedure shall be strictly followed.
No grievance shall be considered if more than five (5) working days have elapsed
between the occurrence of the incident and the stating of the grievance. An
extension may be granted by either party if the Steward or Management
representative is unavailable to facilitate employee filing a grievance due to
circumstances beyond the employee’s control. This extension must be submitted
in writing to Human Resources.
STEP ONE
An employee who has a complaint relating to the interpretation, application,
administration or alleged violation of this Agreement shall discuss his
complaint with his supervisor, and shall be given the opportunity to have a
union steward present. Such a complaint shall be brought to the attention of
the supervisor within five (5) working days of the incident giving rise to the
complaint. The supervisor shall give his verbal decision within five (5)
working days following the presentation of the complaint or grievance to
him.
STEP TWO
If the supervisor’s decision is not satisfactory to the employee following
Step 1, then the complaint shall, with the assistance of the union steward, be
placed on a written grievance form, which is then to be presented to the
Chief Engineering or his designate.
The complaint shall now constitute a formal grievance at Step Two and shall
be filed within ten (10) working days following receipt of the supervisor's
reply to Step One. The grievance shall specify the Article or Articles and
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subsections of the Agreement of which a violation is alleged, contain a
precise statement of the facts relied upon, and indicate the relief sought and
be signed by the Employee.
A meeting will be held, within five (5) working days of the company’s
designate, as listed above, receiving the written grievance and will be
attended by Human Resources and the Chief Engineer, the grievor’s
supervisor, the grievor and the Steward signing the grievance.
The Company designate as listed above will render his decision, in writing,
with copies to Human Resources, the Employee and the Steward within
three (3) working days following the meeting.
STEP THREE
If satisfactory settlement to the employee is not reached, then the grievance
will be presented as follows:
The Union Grievance Committee will meet with the Management of the
Company to discuss the grievance at a mutually agreed upon date, within
one (1) month after the written decision at Step 2. The grievor will be
allowed to attend the Step 3 meeting.
After the Step 3 meeting, the Company shall reply to the grievance, in
writing, with a copy to the National Representative within three (3) working
days of such time as mutually agreed upon at the Step 3 meeting.
ARBITRATION
At the request of either party to this agreement, the grievance may be referred
to arbitration as hereinafter set forth:
If arbitration is to be invoked, the request for arbitration must be made, in
writing, to the other party within twenty (20) working days after the reply at
the Step 3, failing which the grievance shall be deemed to have been
abandoned and all rights to arbitration forfeited.
The parties shall attempt to agree on a single arbitrator from a list previously
agreed to by the parties. If the parties cannot agree upon an arbitrator within
fourteen (14) days from the date of the notice to arbitrate, the Ministry of
Labour shall be requested to appoint an arbitrator pursuant to the Ontario
Labour Relations Act.
If required, extensions to the time limits referred to shall be by written mutual
agreement.
7.02 The Union or the Company may initiate a Policy Grievance beginning at Step Three
of the grievance procedure. A Policy grievance may only be filed by the Union
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National Representative (or designate) and Human Resources. Such grievance shall
be filed within ten (10) working days of the incident giving rise to the complaint and
shall be on the form prescribed in Step Two. In the event that a policy grievance is
based on facts which have also given rise to an individual grievance, the Company
and the Union may agree that the Policy Grievance and the individual grievance be
heard together during the grievance procedure and/or submitted together to
arbitration.
7.03 The discharge, layoff or discipline of a probationary employee will be at the sole
discretion of the Company so long as such discharge, lay-off or discipline is not
carried out in bad faith or discriminatory manner.
7.04 No matter may be submitted to arbitration which has not been properly carried out
through the grievance procedure within the time specified, providing that the parties
may extend the time limits in the grievance procedure by mutual agreement. Where
a response is not given by a party within the specific time limits in the grievance
procedure, the other party may submit the grievance to the next step of the grievance
procedure.
7.05 Settlement in any step of the grievance procedure shall be final and binding upon
both parties to the Agreement and upon any employee affected by it. The mandatory
provisions of this Article shall not be considered to have been waived by the parties
or either of them unless they expressly provide a waiver in writing.
7.06 A grievance, the subject matter of which has been disposed of pursuant to the
grievance provisions of this Agreement, shall not again be made the subject matter
of a grievance.
7.07 The decision of the Arbitrator shall be final and binding upon the parties hereto and
any employee affected by it.
7.08 The Arbitrator shall not have any power to alter or change any of the provisions of
this Agreement or to substitute any new provisions for any existing provisions nor to
give any decision inconsistent with the terms and provisions of this Agreement.
7.09 Each of the parties to the agreement will equally bear the expenses of the arbitrator
appointed by it.
ARTICLE 8 – DISCHARGE AND DISCIPLINE
8.01 No employee who has completed his probationary period shall be discharged
without just cause.
8.02 In conjunction with Article 6.08 an employee who is discharged or suspended
shall be given a reasonable opportunity to interview his Steward before leaving
the Company’s premises.
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8.03 An employee who is discharged or suspended may file a grievance at Step Two of
the grievance procedure within ten (10) working days after such discharge or
suspension.
8.04 Where a grievance which is filed under Article 8.02 is not settled and duly comes
before an arbitrator; the arbitrator may make a ruling subject to this Article and to
Article 8.
(a) confirming the Company’s action:
(b) in cases of discharge, reinstate the employee with compensation for all
related damage (except for the amount of any remuneration or
compensation the employee has received from other sources pending the
dispositions of his case for which he is not required to repay);
(c) disposing of the grievance in any other manner which may be just and
equitable.
8.05 Any employee who receives discipline shall have such discipline remain
actively recorded in their HR file for the periods noted below:
Verbal Warning – for a period of twelve (12) months
Written Warning – for a period of eighteen (18) months
Suspension – for a period of twenty-four (24) months
Provided there has been no discipline within the above time period(s) on which
discipline would progress, the said disciplinary period(s) will thereafter become
null and void.”
ARTICLE 9 – SENIORITY
9.01 A newly hired employee shall be on probation until he has been actively
employed for Ninety (90) calendar days for the company within a period of
twelve (12) consecutive months from date of hire and shall have no seniority
rights during this period. Upon completion of the probationary period a new
employee shall have his seniority date back-dated to his original date of hire.
During the probationary period there shall be no obligation to the Company to
retain the services of a probationary employee or to re-employ him if he is laid off
or discharged during such period so long as such discharge is not carried out in
bad faith or in a discriminatory manner.
9.02 Seniority” shall mean an employee’s length of continuous employment with the
Company in the bargaining unit. An employee shall maintain and accumulate
seniority under the following conditions:
(a) While he is actively at work for the Company after he has completed his
probationary period as set out in Article 9.01 above;
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(b) During any period when he is prevented from performing his work for the
Company by reason of an injury arising out of and in the course of his
employment for the Company and for which he is receiving compensation
under provisions of the Workplace Safety and Insurance Act; or by reason
of personal illness for which he is receiving short term disability benefits
from the company’s benefit carrier.
(c) During the first ninety (90) days of any approved leave of absence.
Notwithstanding the foregoing, an employee shall not accumulate
seniority during any approved leave of absence exceeding 90 calendar
days but, rather, shall maintain his seniority until his return from the
approved leave of absence, after which he will continue to accumulate
seniority pursuant to this article.
(d) During any Pregnancy/Parental Leave in accordance with all provisions of
the Employment Standards Act.
9.03 In the event of layoff, the following procedure will be followed:
a) probationary employees will be laid off first; then
b) full-time employees in reverse seniority order provided that the employee
has the required license
The Company shall notify employees with seniority, twenty-four (24) hours in
advance of layoffs, provided such layoff is for a duration of four (4) working days
or less, but exceeding one (1) shift. For layoffs of more than five days, the
requirements as set out under Section 57 of the Employment Standards Act shall
apply.
The above will not apply in the event of Acts of God, fire, flood and extreme
emergency cases.
9.04 Seniority lists will be supplied to the Union and posted on the bulletin board the
first working day following July 1st of each year of this Agreement.
9.05 Seniority once established for an employee shall be forfeited and the employee’s
employment shall be deemed to be terminated under the following conditions:
(a) if he voluntarily quits;
(b) if he retires;
(c) if he is discharged for any cause and not reinstated thought the grievance
procedure;
(d) if he fails to report for duty after a layoff or leave of absence in
accordance with the provisions of this Agreement;
(e) if he is absent from work for more than three (3) consecutive scheduled
working days without notifying the Company, unless just cause exists;
(f) In the case of a lay-off for a period of twenty-four months;
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(g) If he does not notify the Company of his intent to return to work within
three (3) working days of recall notice or if he fails to return to work
within five (5) working days after being recalled (or such period as
specified by the current Technical Standards and Safety Act (TSSA) and its
associated Regulations or its replacement legislation) by the Company by
telephone or registered mail addressed to him (at his address last known to
the Company), unless just causes exists. It shall be the employee’s
responsibility to keep the Company and the Union notified in writing of
his current address and phone number so that this information is up-to-
date at all times.
9.06 (a) No employee shall be transferred to a position outside the bargaining unit
without his consent. If an employee is transferred to a position outside the
bargaining unit, he shall retain his seniority accumulated up to the date of
leaving the bargaining unit, but will not accumulate further seniority.
Such employee will have the right to return to a position in the bargaining
unit consistent with his seniority accumulated up to the date of transfer
outside the bargaining unit for a period of six (6) months after his transfer
out to the bargaining unit. If an employee accepts a position outside of the
bargaining unit, he/she must remain in that position for a minimum of
fifteen (15) working days. Should the employee be deemed unsatisfactory
for the role after accepting the position offered, he shall be returned to his
former job within forty-five (45) working days of assuming such role.
Should the employee wish to transfer back to his former position, he must
notify the Company in writing within thirty (30) working days of starting
in his new position. The employee shall be returned to his former job in
this situation.
(b) In the event of any Company employee entering the bargaining unit with
existing service, it will be kept for the purposes of vacation entitlement
and group benefits. In the event of layoff under this article, only seniority
earned in the bargaining unit will be considered.
9.07 New employees shall not be hired where there are employees on layoff capable of
performing the work.
ARTICLE 10– JOB POSTING
10.01 (a) When a new job classification in the bargaining unit is added or additional
employees are required in any job classification (above entry level), the
Company will post a notice of the vacancy for a period of seven (7)
working days on bulletin boards in the Engineering area.
(b) The Company may temporarily fill a vacant position at its discretion
during the posting period in order to maintain operational efficiency.
(c) If a posting is not filled pursuant to this Article, the Company reserves the
right to hire externally.
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(d) When filling any posted vacancy under this article, the Company will
consider seniority, training, skill and ability of the individual to perform
the normal required work and where these are, in the opinion of the
Company, relatively equal, seniority shall govern.
(e) The successful applicant must remain in the position for a minimum of
fifteen (15) working days.
(f) Should the successful applicant for such vacancy be unsatisfactory, he
shall be returned to his former job within forty-five (45) working days
with reasons given in writing from his supervisor.
(g) Should the successful applicant wish to transfer back to his former
position, he must notify the Company in writing within thirty (30) working
days of starting in his new position.
(h) In the event that the role is the same as the employee base, thereby
offering no opportunity to the existing employees to apply (ie., lateral
position) no internal job posting will be made, moving straight to external
posting only.
ARTICLE 11 – HEALTH AND SAFETY
11.01 The Company is committed to the prevention of illness and injury through the
provision and maintenance of healthy and safe working conditions on its
premises. The Company endeavors to provide a hazard free environment to
minimize risks by adherence to all relevant legislation, and where appropriate,
through the development and implementation of additional internal standards,
programs and procedures. The Company requires that health and safety be a
primary objective in every area of operation and that all persons utilizing
Company premises comply with procedures, regulations and standards relating to
health and safety.
The Company shall acquaint its employees with such component of legislation,
regulations, standards, practices and procedures as pertain to the elimination,
control and management of hazards in their work environment. Employees shall
work safely and comply with the requirements of legislation, internal regulations,
standards and programs and shall report hazards to someone in authority, in the
interests of health and safety of all members of the community.
The Employer recognizes the rights of the workers to be informed of hazards in
the workplace, to be provided with appropriate training, to be consulted and have
input, and the right to refuse unsafe work consistent with the now current
Occupational Health and Safety Act.
To this end, the Company will continue to make Health and Safety issues a
priority for discussion at regularly scheduled Labour/Management meetings.
Should applicable legislation change, the parties will discuss their implications on
requirements, practices and procedures.
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ARTICLE 12- HUMAN RIGHTS
12.01 (a) The Company agrees that there will be no discrimination, intimidation,
interference, restraint or coercion exercised or practiced by the Company
or any of its representatives, with respect to any employee because of their
membership in, or connection with, the Union.
(b) The Union and the Employer agree that management and employees will
abide by the Ontario Human Rights Code and further agree that all
individuals in the workplace should be treated with respect and shall not
be subject to harassment of any type by an individual or group of
individuals. Harassment for the purposes of the agreement shall mean
engaging in a course of vexatious comment or conduct that is known or
ought reasonably to be known to be unwelcome. Subject to the outcome
of the investigation under the Company’s harassment policy, alleged
violations of this provision are subject to the grievance procedure.
ARTICLE 13- BULLETIN BOARD
13.01 The Company will provide one bulletin board in a mutually satisfactory location
in the premises of the Company for the convenience of the Union for posting
notice of Union activity. All such notices or other literature must be signed by the
proper officers of the Union and approved by the Company prior to their being
posted or distributed.
ARTICLE 14- HOURS OF WORK AND OVERTIME
14.01 It is understood that the Company’s operation is a seven (7) day operation and no
distinction is made with respect to any individual day. The present shift schedule
shall be continued unless the Company has a business need to change the shift, in
which case, the Company will give the Union as much notice as possible of the
reason necessitating the shift change, and the parties will discuss its’
implementation.”
14.02 The regular work week shall consist of thirty-seven (37) hours per week, or forty-
two and one half (42.5) hours per week, or forty-eight (48) hours per week. The
regular work day will consist of either 8.5 hours or 12 hour shifts. Engineers on
12 hour shifts will rotate between the 48 hour schedule and the 37 hour schedule,
and will be paid weekly for hours worked. The union and the Company will
apply for the appropriate hours averaging permit.”
14.03 Employees working a scheduled eight and one-half (8 ½) hour shift will be
provided with:
(i) an unpaid thirty (30) minutes each at approximately mid-point of each
shift when working conditions permit;
(ii) two paid rest periods of fifteen (15) minutes each at approximately mid-
point of each shift when working conditions permit, provided that a
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minimum of two and one-half (2 ½) hours of work have been performed in
each half of a regularly scheduled shift.
14.04 Employees working a scheduled twelve (12) hour shift will be provided with (2)
paid thirty (30) minutes rest periods at proportionately equal portions of the shift,
when working conditions permit.
14.05 (a) It is recognized by the parties that the needs of the business may require
overtime work and that the jobs involved must be manned by qualified
employees working on overtime basis. The amount of overtime and the
schedule for working such overtime will be established by the Company
on a seniority basis. The Union acknowledges that employees must remain
on shift until they are relieved by a qualified replacement.
(b) The Company will provide an equitable distribution of overtime for
employees who are eligible and qualified to do the required overtime
work.
Overtime distribution lists will be reviewed as necessary between the
Company and the Union representative.
(c) An employee who is scheduled to report for meetings/training and reports
for work outside his regularly scheduled hours of work will be paid at time
and one half for all hours worked outside their regularly scheduled hours
of work or three (3) hours pay at his straight time hourly rate, whichever is
greater. This clause shall not apply to an employee who is called in early
to perform work which continues into his regularly scheduled starting
time.
(d) The Company will endeavor to give as much advance notice as possible in
the event of overtime. The Company will provide no less than 36 hours
notification of overtime for a given overtime period. Proper notification
constitutes scheduled overtime and this article applies. Should the proper
notification not be provided, the overtime shall be considered “call-in”
work and Article 17 shall apply.
14.06 (a) (i) Shift engineers shall be paid overtime for hours worked over their
normally scheduled 12 hours per day or weekly hours (37-48 hours).
(ii) Maintenance employees shall be paid overtime for all hours worked in
excess of eight and one-half (8 ½) hours per day or forty-two and one-
half (42.5) hours weekly. Mutual arrangements can be made to allow
a shift to be longer than 8 ½ hours wherein the additional hours could
be taken as time off in lieu of overtime. The time off in lieu must be
taken within the same pay period. The time off in lieu will be a
straight time in lieu of overtime pay. A maximum of 4.5 additional
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hours per day up to a maximum of the equivalent of one working day
per pay period. These hours cannot be accumulated week over week.
(iii) Overtime will be paid at the rate of time and one-half (1 ½ x) an
employee’s straight time hourly rate and for all hours worked on the
employee’s first day of rest. Double time (2 x) shall be paid for all
hours worked on the employee’s second day of rest and subsequent
days of rest. It is understood that it is not a requirement to work the
first day of rest to received double time on the second day of rest. It is
further understood that the Company will maintain the right to
schedule work for either first or second day or both.
(b) Overtime will be paid weekly.
(c) There is to be no pyramiding of overtime payments with respect to other
provisions in the collective agreement and in particular Article 17.3 herein.
(d) The company will consent to an employee leaving the job once his relief has
arrived and the shift has been properly turned over to the relief.
(e) The supervisor is to be made aware of any and all such arrangements. It is
further understood that the shift employee may leave with no loss of pay and
the company will not compensate the relief employee in any way for any
extra time they work as a result of such an arrangement between employees.
14.07 The practice of mutually exchanging shifts between employees will be allowed
to continue. The employees will receive the rate of pay, including shift
premiums if applicable, for actual shift hours worked by the respective
employees.
Under no circumstances will this mutual agreement between employees result in
any addition cost to the company (i.e. overtime) nor will the company be
responsible for any shifts owing to an employee who has entered into such
mutual agreement to exchange shifts.
14.08 The Company will discuss with the Union in advance any change that will
affect the shift times.
14.09 Employees working any hours between 7:00 p.m. and 7:00 a.m. will be paid
shift premium of $1.15 per hour for each completed hour worked upon
ratification of this Agreement.
14.10 Employees hired prior to March 1, 2011 working any regular hours between
7:00 a.m. Saturday and 7:00 a.m. Sunday shall receive a Saturday premium for
each completed hour worked; and for hours worked between 7:00 a.m. Sunday
and 7:00 a.m. Monday shall be paid a Sunday premium for each completed hour
worked. These weekend premiums are in addition to the night shift premium.
The premium shall be $2.00 for Saturday and $2.50 for Sunday.
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ARTICLE 15- VACATIONS
15.01 An employee who, on the 1st day of January in each year has:
(a) less than one (1) year of service shall receive pro-rated vacation with pay
equal to four percent (4%) of the amount of the employee’s total wages in
the previous year.
(b) One (1) year or more but less than three (3) year of continuous service
with the Company shall receive two (2) weeks’ vacation per year with pay
equal to four percent (4%) of the amount of the employee’s total wages in
the previous year.
(c) Three (3) years or more but less than ten (10) years of continuous service
with the Company shall receive three (3) weeks’ vacation per year with
pay equal to six percent (6%) of the amount of the employees total wages
in the previous year.
(d) Ten (10) years or more but less than twenty (20) of continuous service
with the Company shall receive four (4) weeks’ vacation per year with pay
equal to eight percent (8%) of the amount of the employee’s total wages in
the previous year.
(e) Twenty (20) years or more of continuous service with the Company shall
receive five (5) weeks’ vacation per year with pay equal to ten percent
(10%) of the amount of the employee’s total wages in the previous year.
15.02 The term total wages does not include the previous year’s vacation pay.
15.03 The scheduling and assigning of vacation shall be the exclusive function of the
Company in keeping with the needs and dictates of the business. The Company
will post, by November 1st each year, a vacation schedule for employees to
indicate their vacation preferences. Employees with vacation entitlement will
select their vacation schedule by December 31st. Any vacation requests made
after this date must be made in writing to management with no less than 3 weeks
notice and will be considered based upon the needs of the business.
15.04 An employee who terminates his employment, for whatsoever reason, shall be
paid his vacation allowance as provided herein.
15.05 On the death of an employee, the vacation pay allowance shall be paid to an
employee’s estate.
15.06 Beginning January 1, 2014, employees will be entitled to one (1) floating holiday
per calendar year. The floating holiday must be taken at a time mutually agreed
upon between the employee and the company based on the needs of the business.
It is understood that floating holidays will not be granted during the festive
periods. Floating holidays cannot be carried over and will not be paid out if not
taken.
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The Company reserves the right, prior to January 1st of each year, to fix the
floating holiday to a specific day for all engineering employees.
15.07 Any unused vacation pay accrual must be paid out on the first pay following
December 31st of each year. No carryover will be allowed.
ARTICLE 16- PLANT HOLIDAYS
16.01 The following shall be recognized as holidays to be paid on the basis of normal
scheduled hours at the straight time hourly rate specified in this Agreement:
New Year’s Day Family Day
Good Friday Victoria Day
Canada Day Civic Holiday
Labour Day Thanksgiving Day
Christmas Day Boxing Day
In the event a holiday falls on a Saturday or Sunday, it will be observed on
Monday or Friday, unless otherwise agreed between the Union and the Company.
Where Christmas and Boxing Day falls on a weekend, the Company will post a
notice in advance advising employees the date on which the holidays will be
observed.
With the exception of Canada Day, in the event a holiday falls between Monday
and Friday inclusive, it shall be observed on the actual shift day of the holiday,
or on some other day, by mutual agreement. The Company will post a notice in
advance advising employees the date on which Canada Day will be observed.”
16.02 An employee will be paid for a holiday provided that he:
(a) Works his last full scheduled shift before and his first full scheduled shift
after such holiday and works in such holiday if he is scheduled to work,
unless he is excused by the Company;
(b) Provides a note from his physician to verify any illness absence on the day
prior to or following a plant holiday;
(c) He is on the active payroll of the Company and not on leave of absence,
sick leave, Workplace Safety and Insurance or layoff;
16.03 Employees who are required to work on any of the above actual holidays, will be
paid at the rate of two times (2x) their regular rate of pay for all hours worked in
addition to pay for the holiday.
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ARTICLE 17- REPORTING PAY AND CALL-IN ALLOWANCE
17.01 Unless employees are notified not to report for work, employees who report for
work at their regular starting time and for whom no work is available will be
offered at least four (4) hours’ pay at this regular hourly rate. The provisions of
this paragraph shall not apply in the event of strikes, power, and water or air
failure of any other condition beyond the control of the Company and the
Company is unable to advise the employee or leave a message not to report for
work because the employee has not provided his current address and telephone
number to the Company in writing.
17.02 (a) An employee who is called in and reports for work outside his regularly
scheduled hours of work will be paid a minimum of four (4) hour pay at
the rate of time and one-half times (1 ½ x) his straight time hourly rate.
This clause shall not apply to an employee who is called in early to
perform work which continues into his regularly scheduled starting time.
(b) An employee who is called at home, under the express direction of the
Chief Engineer or designate, outside his regularly scheduled hours of
work, and provides telephone guidance will be paid two (2) hours at his
straight time hourly rate of pay.
17.03 An employee called in to work on his first day of rest will be paid time and one-
half (1 ½ x) his straight time hourly rate for a minimum of four (4) hours. An
employee called in to work on his second or subsequent day of rest within that
same rest period will be paid at two times (2x) his straight time hourly rate for a
minimum of four (4) hours.
ARTICLE 18- BEREAVEMENT LEAVE
18.01 The Company shall pay an employee up to three (3) days’ pay at the employee’s
straight time hourly rate for all scheduled regular time lost in the event of the
death of the employee’s legal guardian, spouse, father, mother, step-parent, child,
step-child, brother or sister, mother-in-law, father-in-law, brother-in-law, sister-
in-law, step-brother, step-sister, grandparent and grandchild. Payment shall be
made only to the extent of time lost while making arrangements for and/or
attending the funeral/service.
18.02 Employees shall not be paid pursuant to this Article for non-scheduled workdays,
paid holidays, while on vacation or leave of absence of any other period during
which they would not have worked. The Company recognizes current
relationships only. All previous relationships (legal or otherwise) are not
recognized for the purpose of this article.
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18.03 Upon request, additional time off without pay (leave of absence) may be granted
as necessary to make funeral arrangements or for long distance travel. Such
leaves will not be unreasonably denied. This leave of absence is subject to
employee being on the current payroll and the following conditions outlined in
Article 20 of this Collective Agreement (20.02, 20.03 and 20.04).
ARTICLE 19- JURY DUTY
19.01 An employee who is selected for services as a juror or as a Crown witness will be
compensated for loss of pay from his regularly scheduled shift due to such jury
service. Such compensation will be based on his regular scheduled hours at his
regular straight time hourly rate less the fee received for his services as a juror.
However, should the employee present himself for selection as a juror and not be
selected, then he is required to return to the premises to complete his remaining
normally scheduled workday.
19.02 In order for an employee to qualify for payment under this Article, he must:
(a) Inform the Chief Engineer within two (2) scheduled shifts following the
notice of his selection as a juror or being subpoenaed as a Crown witness,
and;
(b) When released from service as a juror or Crown witness and four (4) hours
or more remain of the employee’s regularly scheduled hours, he must
return to the plant to complete such hours remaining in his normally
scheduled workday, and;
(c) Provide a written statement to the Company indicating the date of his
service as a juror or Crown witness, and;
(d) Have completed his probationary period.
ARTICLE 20- OTHER LEAVES
20.01 Employees who have at least one year’s seniority may apply for a leave of
absence, without pay, at the discretion of the Company, and the Company’s
decision to deny a LOA will not be arbitrabal. At least one full year must elapse
between requests for leave of absence by the same employee.
20.02 The employee must provide the Company with a written request for leave, on the
prescribed form.
20.03 No leave of absence will exceed three (3) months for any reason, unless otherwise
legislated.
20.04 When an employee returns to work following a leave of absence, he will either be
placed on his previous job or, if redundant, alternate work of a comparable nature
if available.
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20.05 With confirmation acceptable to the Company, legislated leaves will be granted in
accordance with the provisions of the Employment Standards Act.
20.06 During any approved leave of absence the Company shall continue to make
payments on behalf of the employee for all applicable group benefit plans for a
maximum period of ninety (90) calendar days. The employee will be obligated to
reimburse the Company for the premium costs of benefits after the first ninety
(90) days. This reimbursement will be by way of payroll deduction upon the
employee’s return to work. These deductions will be at a rate of twice the normal
benefit premium deduction until the full amount owing is repaid. The employee
will be given the option of providing monthly post-dated cheques, for the amount
equivalent to the monthly benefit premium owed by the employee, to the
Company prior to his leave commencing.
ARTICLE 21- BENEFITS
21.01 The company agrees to provide Group Benefits as set out in Schedule “B”.
21.02 Any dispute over payment of benefits under such plans or policies shall be
adjusted between the employee and the insurer concerned. The Company will use
its best efforts to adjust and settle any such disputes.
21.03 The Company will provide each new employee with his/her first pair of
prescription safety glasses. Such glasses are the personal responsibility of each
employee and will be replaced by the Company if such glasses are damaged in the
course of employment. In the event of a prescription change only, the employee
must submit proof of the prescription change along with the applicable paperwork
to the HR Department for approval, and HR will submit the request for new
prescription safety glasses.
21.04 The Company agrees to supply and launder as required all protective clothing
required by employees to perform the job. The Company further agrees to supply
and replace when worn out and turned in, the following articles where such
deemed necessary to perform the job:
Coveralls, Gloves, Headgear, (upon ratification, Rubber Boots) and Sleevelets.
Such articles shall remain the property of the Company and shall not be removed
from the Company’s premises and must returned for new issue or upon separation
of the employee.
21.05 As a condition of employment, the employee is required to purchase and maintain
safety or specialty footwear as prescribed by the company. The employee is to
replace the footwear as required to meet safety standards. An employee will not
be permitted to work if the proper approved and maintained footwear is not worn,
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and will not be paid for any loss of income as a result of not having appropriate
and maintained footwear as required.
The company agrees to provide an annual allowance to assist with the expense of
purchasing safety footwear as detailed in this article. This allowance will be paid
on the first pay date following October 1st of each calendar year.
Employees must have completed their probationary period prior to the date of
payout in order to be eligible for this benefit. If the probationary period has not
been fulfilled, the employee will not be entitled to any allowance until the next
payout date.
Effective October 1, 2013, The parties agree that the safety footwear allowance is
intended only to provide for appropriate safety footwear for employees. In the
event that required footwear is provided at no cost to the employee, such
employees will not qualify for a safety shoe allowance. Furthermore, the parties
agree that the company reserves the right to provide the safety shoe allowance as
an available credit with a designated vendor in lieu of an annual payment.
Allowance amount will be $160.00 effective October 1, 2013; $170.00 effective
October 1, 2014 and October 1, 2015
21.06 The Company agrees to pay the yearly license renewal fee for any engineering
certificate required by the company.
21.07 A tool allowance of five hundred dollars ($500.00) per calendar year, to each
Maintenance engineer for replacement of worn, broken or lost tools and for the
purchase of additional tools (supported by receipts).
21.08 Shift Engineers will be provided with a personal tool kit comprising of the
following items: Flash light, service wrench, multi-tool, multipurpose
screwdriver, crescent wrench, and a belt pouch.
21.09 A tool crib will be established and maintained by the company for the use of the
Shift Engineers. The contents of the crib will be as mutually agreed upon
between the Union and the Company.
ARTICLE 22- WAGES AND CLASSIFICATIONS
22.01 The job classifications and rates of pay shall be as set forth in Schedule “A”
attached hereto and forming part of this Agreement.
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ARTICLE 23- TERM OF AGREEMENT
23.01 This Agreement shall remain in full force and effect from October 1, 2013 and
continue until September 30, 2016. This Agreement shall continue from year to
year thereafter, unless either party gives notice in writing to the other not less than
thirty (30) days nor more than ninety (90) days prior expiry data hereof of that
party’s intention to terminate this Agreement or to negotiate revisions thereto.
SIGNED AT ____________________, Ontario, this _____day or __________, 2013
FOR THE COMPANY FOR THE UNION
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
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SCHEDULE “A”
WAGE RATES/ CLASSIFICATIONS
HOURLY WAGE RATES
CLASS EFFECTIVE
OCT.3/13
EFFECTIVE
OCT.2/14
EFFECTIVE
SEPT 30/15
Maintenance Engineer
Entry Level $23.37 $23.87 $24.37
Fourth Class $26.05 $26.55 $27.05
Shift Engineer
Fourth Class with “B”
Refrigeration $28.82 $29.32 $29.82
Third Class, Third Class
with B Ticket, Second
Class
$30.82 $31.32
$31.82
The parties agree that the Company has the unilateral right to increase the rates for Third
Class Engineers (as defined above) during the term of this agreement if deemed
necessary.
Employees will be paid at the following rates after hire until they reach their
classification rate:
3 months @ $1.00 less than the classification level. Company reserves the right
to waive the $1.00 rate reduction at their sole discretion.
If plant upgraded to require 2nd
Class operators, parties will negotiate rate.
A qualified 2nd
Class Engineer required to work in the capacity of a 2nd
Class
Engineer, due to the requirements of the company will be paid a $1.00 per hour
premium for all hours worked while working in this capacity.
Acting Chief Engineer will be paid a $5.00 per hour premium for all hours
worked while working in this capacity.
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SCHEDULE “B”
GROUP BENEFITS
The Company agrees to continue the health and welfare benefits in force at the time of its
signing of this Agreement to those employees who are actually on the payroll of the
Company, but only while such employees are not on strike or lockouts.
LIFE INSURANCE:
Equal to their annual income (to the nearest thousand) to a maximum of $70,000
effective October 1, 2007.
Policy will provide for employee paid voluntary insurance
ACCIDENTAL DEATH AND DISMEMBERMENT:
Equal to their annual income (to the nearest thousand) to a maximum of $70,000
effective October 1, 2007.
MAJOR MEDICAL:
100% reimbursement of prescription medication (drugs purchasable over the
counter are not covered) and other services (crutches, oxygen, hearing aids,
orthopedic supplies, private hospitalization, out-of-province emergency coverage,
ambulance charges, services to licensed professionals).
Drug Card (no deductible) $7.00 limit on dispensing fee and provision for generic
substitutions.
DENTAL:
100% reimbursement of preventive maintenance services and periodontal and root
canal (level II with cap of $1,500.00 per eligibly insured person per year), with
annual deductibles of $10.00 single and $25.00 family, and based on the O.D.A
fee schedule of one year behind current calendar year.
Effective December 1, 2007 – 50% reimbursement for major restorative,
maximum $2000.00 per family
Effective December 1, 2007 – 50% reimbursement for orthodontics, maximum
$3000.00 lifetime per child under age 16
Effective December 1, 2007 – Maximum of $1500.00 reimbursement every 3
years for dentures
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VISION CARE:
Coverage of $200.00 every 24 months for prescription glasses (frames and lenses
only) per family member.
$75.00 maximum reimbursement every 24 calendar months for eye examinations
per family member
WEEKLY INDEMNITY:
Coverage (employees pay 50% of premium) of 60% average weekly wages after
1st day of hospitalization/accident or 4
th day sickness/illness, to a maximum
period of 17 weeks
DEFINED CONTRIBUTION PENSION PLAN:
As soon as practical, participation in the Cold Springs/Thames Valley Group RRSP will
cease. Effective as soon as practical, full-time employees are required to participate in the
Company defined contribution pension plan following the completion of 1 year full-time
service. Employee contributions of 1.5% of regular earnings plus over-time earnings will
be matched by the Company. Employees are still eligible to participate in the Company
Group RRSP. However contributions in the Company Group RRSP are not matched by
the Company.
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SCHEDULE “C”
LETTERS OF UNDERSTANDING #1
Apprenticeship Program
Between
The COMPANY and the UNION
Purpose:
Provide excellent training opportunities to existing employees, and help ensure an
ongoing supply of Stationary Engineers to support our operations.
Scope:
Applies to all Stationary Engineers currently operating at Maple Leaf Foods –
Thamesford site.
The first round of apprenticeship opportunities will be offered as a training opportunity
on a one time basis to employees currently working within the Stationary Engineer
department. Headcount in these departments will not increase as a result of this offer for
training.
Should the Company require additional staff or replacement staff and an apprenticeship
opportunity is feasible, the job will be posted and awarded according to Article 10 of our
current Collective Agreement.
Apprenticeship Committee:
An Apprenticeship Committee will be established with management representatives with
direct or indirect responsibility for Stationary Engineers, and a Human Resources
representative.
The Committee’s responsibilities would include, but not be limited to:
Ensure all parameters of apprenticeship agreements are in place before an
apprenticeship begins, including record keeping requirements, reporting structure,
wage increases, and exit conditions
Evaluating apprentices semi-annually for performance (completion of booklet),
behaviour, attitude at work, etc.
Make recommendations on whether to continue or discontinue an apprenticeship
Ensure educational leaves are approved for apprentices to attend in-class training to
complete their apprenticeship requirements
Wages:
At the start of an apprenticeship, the Apprenticeship Committee will confirm the number
of stages of the specific apprenticeship, and assign a percentage of the applicable rate of
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pay per Schedule A. In addition to the annual increases noted in the current Collective
Agreement, the apprentice will earn rate increases for the following: moving to the next
stage of their apprenticeship; completing probation; and, completing 12 months post-
probation.
This program will be administered in compliance with relevant legislation, i.e.
Apprenticeship and Certification Act, 1998.
SIGNED AT ____________________, Ontario, this _____day of __________, 2013
FOR THE COMPANY FOR THE UNION
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________