Collective Agreement

Between

Sepps Gourmet Foods (Ontario) Limited

(Hereinafter referred to as "the Employer")

-and-

Communications, Energy and Paperworkers Union of Canada

And it's Local 591G

(Hereinafter referred to as the "Union")

1

Table of Contents ARTICLE 1 PURPOSE 3 ARTICLE2 SCOPE & RECOGNITION 3 ARTICLE3 DEFINITIONS 4 ARTICLE4 MANAGEMENT RIGHTS 4 ARTICLE 5 UNION SECURITY 5 ARTICLE6 REPRESENTATION 6 ARTICLE 7 NO STRIKES OR LOCK-OUTS 6 ARTICLES NO DISCRIMINATION 7 ARTICLE9 GRIEVANCE PROCEDURE 7 ARTICLE 10 ARBITRATION 8 ARTICLE 11 DISCIPLINE 9 ARTICLE 12 SENIORITY 9 ARTICLE 13 JOB POSTING, LAYOFF & RECALL 10 ARTICLE 14 STATUTORY HOLIDAYS 12 ARTICLE 15 VACATIONS 13 ARTICLE 16 BEREAVEMENT PAY 14 ARTICLE 17 BULLETIN BOARDS 14 ARTICLE 18 SAFETY & HEALTH IS ARTICLE 19 LEAVE OF ABSENCE 16 ARTICLE20 HOURS OF WORK & OVERTIME 17 ARTICLE21 BENEFIT PLAN 18 ARTICLE22 TERM OF AGREEMENT 19 APPENDIX A WAGES & CLASSIFICATIONS 20 APPENDIXB Letter of Understanding: Casual Worket·s 21 APPENDIXC Letter of Undet·standing: Week End Shift 22 APPENDIXD Letter of Understanding: Part- Time Cleaners 23 APPENDIXE Health Care Benefit Plan Hom·Iy Employees 24

2

ARTICLE 1

1.01

1.02

ARTICLE2

2.01

2.02

2.03

2.04

PURPOSE

The purpose of this Agreement is to secure the benefits of orderly collective bargaining between the parties and to cooperate individually and fully for this objective.

Both parties have a mutual interest in the operation of the entire enterprise under the methods that promote to the fullest extent safety for the employee, economy of operations, quality and quantity of output, cleanliness of the facility and protection of prope1iy; and to cooperate fully for the advancement of these principles.

SCOPE & RECOGNITION

This agreement shall apply to the bargaining unit comprised of all employees of Sepps Gourmet Foods (Ontario) Ltd. (the Employer) in the city of Richmond Hill, save and except clerical, office, sales, managers, and those above the rank of manager as defined in the Certificate issued by the Ontario Labour Relations Board December 24111

, 2001.

The Union is the sole collective bargaining agent for all employees of the Employer in the bargaining unit defined above.

Under normal conditions Supervisors shall not do work which is customarily performed by members of the bargaining unit. This shall not apply when the supervisors are engaged in: Training employees; Experimental or development work; Providing assistance which is required due to production difficulties, or doing work required in an emergency.

An employee entering the bargaining unit shall meet with the Unit Chair (or designate) during Company orientation, for Union orientation and an introduction to this Agreement.

3

ARTICLE3

3.01

3.02

3.03

3.04

3.05

ARTICLE4

4.01

DEFINITIONS

Employee An employee who is part of the bargaining unit.

Pmbationar-y Employees An employee shall be on probation for up to ninety (90) days from first date of hire. No grievance many be submitted concerning the termination of employment of a probationary employee.

Regular· Employee An employee who normally works the scheduled hours as defined in Article 20 and Appendices C and D.

Temporary Employee An employee who is hired to work for a short term or specified period of time up to 30 days. such term shall be extended in the event the employer fills a maternity/paternity leave of absence through a temporary hire. Temporary vacancies over one (1) month will be posted in accordance with Article 12.

Casual Worker A non-bargaining unit worker who is hired only for the short tern1.

MANAGEMENT RIGHTS

The Union recognizes and acknowledges that the management of the Employer's operation and the direction of the working forces are fixed exclusively in the Employer. and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency and in cormection therewith to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees, discipline or dischmge employees, provided that a claim that an employee who has acquired seniority has been disciplined or discharged without just cause may be the subject of a grievance as herein provided:

(b) select, hire, transfer, assign to shifts promote, demote, classify, layoff or recall employees, select employees for position excluded 11·om the bargaining unit;

4

4.02

ARTICLE 5

5.01

5.02

5.03

5.04

(c) detennine the location of the operations, and their expansion or their curtailment, the direction of working forces, the sub-contracting of work, the schedules of operations, the number of shifts; detennine the methods and processes to be employed, job content, quality and quantity standards, the establishment of work or job classifications; change, combine or abolish job classifications; determine the qualifications of an employee to perform any particular job; the nature of tools, equipment and machinery used and to use new or improved methods, machinery and equipment, change or discontinue existing tools, equipment machinery, methods or processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times when ove11ime shall be worked and require employees to work ove11ime, the determination of financial policies, including general accounting procedures and customer relations;

(d) establish procedures in conformance with 1-I.A.C.C.P. and related govemmental agencies related to food processing and manufacturing.

(e) have the sole and exclusive jurisdiction over all operations, equipment and employees.

The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement, and the express provisions of this Agreement constitute the only limitations on the Employer's rights.

UNION SECURITY

The Company will deduct Union dues (and initiation fees and assessments as notified from time to time) from each member of the bargaining unit, on behalf of the Union for the duration ofthe Agreement.

The dues, accompanied by a detailed list of such collections, shall be remitted monthly by cheque payable to the National Union CEP for Local 591 G within ten (I 0) days after the end of the calendar month in which such deductions are made.

The total dues deducted will be marked on each employee's T-4 slip annually.

The Union will indenmifY the Employer and save it harmless from claims or demands which are made by any employee as a result of any action taken by the Employer pursuant to this A1iicle.

5

ARTICLE6

6.01

6.02

6.03

6.04

6.05

6.06

6.07

6.08

5.09

ARTICLE?

7.01

7.02

REPRESENTATION

Union representation shall be the Unit Chair and one( 1 )Steward from the bargaining unit for each shift.

The Employer will recognize Union representatives I stewards I alternates upon receipt of written notice from the Union. The Union may have an alternate for each steward in the event of an absence.

The steward shall notify the Employer as soon as possible each time there is a time request. The time request will be granted whenever reasonably possible.

The steward will receive regular pay while meeting with the Employer on grievances during regularly scheduled working hours.

Permission for Union representatives to enter Employer premises will be given on request. Appropriate meeting space will be ananged where they may confer privately. These talks will be arranged so that they will not unduly interfere with production.

The Negotiating Committee will be the Unit Chair and one (I) other member from the bargaining unit along with representative(s) from the Local/National Union.

Employees on the negotiating committee will receive their regular pay when meeting with the Employer during regularly scheduled working hours up to the time application is made for conciliation.

On request, the Employer will provide a secure storage space and privacy access to telephone usage for the union on Employer premises.

The Employer will produce copies of this Agreement in sufficient number for all employees within a few weeks of ratification.

NO STRIKES OR LOCK-OUTS

During the lifetime of this Agreement there shall be no strike or no lock­out of employees. (The words strike and Jock-out shall have the san1e meaning as in the Ontario Labour Relations Act.)

The Employer may discipline employees who take part in or instigate any such action.

6

ARTICLE 8

8.01

ARTICLE 9

9.01

9.02

NO DISCRIMINATION

There shall be no discrimination, intimidation or coercion by the Employer or the Union or its members against any employee, because of race, creed. colour, sex, national origin, religion or age, and all other grounds as these terms are defined by the Ontario Human Rights Code. Allegations of discrimination will be handled seriously by both parties and resolved as quickly as possible.

GRIEVANCE PROCEDURE

An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement, may discuss the complaint with the supervisor*, accompanied by the steward, if desired. Such a complaint shall be brought to the attention of the supervisor within ten (l 0) working days of the incident giving rise to it. The supervisor shall reply verbally within thTee (3) working days of receiving the complaint. *who is a salaried representative of management (not part of the bargaining unit)

STEP l

If the complaint is not resolved, it shall be put in writing as a written grievance. The Steward shall preset the grievance with the grievor, to the supervisor within five (5) working days of the verbal reply. The supervisor shall meet and respond within five (5) working days of the receipt of the grievance. The grievance shall specify the article(s) in which a violation is alleged, the relief sought; and be signed by the employee and the steward.

STEP 2

If no settlement is reached at Step I, the parties shall meet within ±ive (5) working days. Management* shall respond in writing within five (5) working days. Local 591 G and/or National Representative may be present at this step.

'''President/General Manager/Controller or a designate

All grievances shall be filed within ten (l 0) working days of the incident giving rise to the grievance and adjusted as quickly as possible. In the event an employee is prevented fi·om filing a grievance due to legitimate lack of awareness such as vacation, illness or other approved leave of absence from work, the specified time limit of ten (I 0) working days will

7

9.03

ARTICLE 10

10.01

10.02

10.03

10.04

10.05

10.06

10.07

10.08

10.09

10.10

be extended to cover such period. Otherwise all time limits are mandatory and may only be extended by mutual consent of the parties.

The Union or the Employer may initiate a policy grievance at Step 2 of the grievance procedure conceming an alleged violation of the collective agreement. A policy grievance is not intended to by-pass the regular grievance procedure where an employee(s) can themselves(s) grieve. The purpose of this Article is to establish a procedure for the settlement of gnevances

ARBITRATION

Either party may. after exhausting the grievance procedure established by this Agreement, notify the other party of its desire to submit the grievance to arbitration.

At any time prior to arbitration the parties may jointly submit a grievance for mediation through a mutually agreed upon mediator.

The party submitting the grievance to arbitration shall notify the other parting in writing within fifteen (15) working days of the response at Step 2, of its desire to arbitrate, nan1ing one or more potential arbitrators.

The other party shall respond within five days either agreeing to one of the names or suggesting alternative name(s).

Should the parties be unable to agree on the choice of arbitrator, either party may request appointment of an arbitrator by the Minister of Labour for the Province of Ontario.

The Arbitrator shall call the parties together for a hearing on the earliest available date.

The parties shall share equally the cost of the Arbitrator.

The decision of the Arbitrator shall be submitted in writing and shall be final and binding on the parties and upon any employee affected by it.

The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify, or amend any pmi of this Agreement.

Either pmiy may refer a policy grievm1ce to m1 Arbitration Bom·d instead of a sole arbitrator in which case the above provisions shall apply with

8

1 0.11

ARTICLE 11

11.01

11.02

11.03

11.04

11.05

11.06

11.07

ARTICLE 12

12.01

necessary modifications. Each party shall pay the cost of their own nominee to the Board and share equally in the cost of the Chair.

The discontinuance of the provision of benefits under the Article 21 (Benefit Plan) by the Employer shall be considered an automatic policy and group g1ievance and shall proceed directly to arbitration. Thereafter, the parties shall attempt to select a mutually agreeable arbitrator within five (5) working days. If the parties are unable to agree on the choice of arbitrator then Article 10.05 shall apply.

DISCIPLINE

Employees shall only receive discipline or be discharged (except probationary employees) for just cause. Any discipline must be confirmed in Wliting, with reasons.

Every effort shall be made to ensure that the steward is present at discipline.

A copy of any written discipline to the employee will be forwarded to the umon.

An employee who is suspended or discharged (except probationary employees) shall be given a reasonable opportunity to consult the steward before leaving the employer's premises.

An employee who is discharged (except probationary employees) or suspended may file a grievance at Step 2.

Disciplinary records oflateness or attendance will be cleared from an employee's file after a six (6) month period from the date of issuance, provided that there has been no further related disciplinary action taken against the employee during that period.

An employee shall be entitled to review and copy their personnel file once a year, and at the time of a grievance.

SENIORITY

For the purpose of this Agreement, seniority shall be on a plant wide basis and shall mean total length of continuous service with the Company measured from the date the employee was hired.

After new employee have successfully completed the probationary period of ninety (90) days, their seniority shall be effective as of the original date of employment.

9

12.02

12.03

ARTICLE 13

13.01

13.02

In matters relating to promotion (other than promotion to a position outside the bargaining unit), demotions (other than disciplinary demotions), lay-offs and recall from lay-offs, the length of continuous service shall govem where the experience. skill, and ability are relatively equal.

Loss of Seniority

Senimity 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 through 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 twelve (12) months or a period of time equivalent to the employee's length of service, whichever is Jess, have elapsed from the day oflayoff,

(f) if he is absent fi·om work for more than three (3) scheduled working days without notifying the Employer with a valid reason.

JOB POSTING, LAYOFF & RECALL

Job Posting

A pennanent vacancy is defined as a job classification where there is not a classified incumbent. The Company reserves the right to decide if and when a permanent job vacancy is to be filled.

Pemmnent vacancies for regular full-time position(s) expected to exceed thirty (3) calendar days in new classifications and existing classifications shall be posted on a bulletin board provided by the company for that purpose for a period of five (5) working days. Any employee in the bargaining unit in a lower rated classification may make application for such vacancy except that, once during the tenn of this Agreement, every

10

13.03

13.04

13.05

13.06

13.07

employee in a higher classification may also make application for a lower rated classification. In the filling of the vacancy the seniority provisions of Article 11.02 above shall apply provided however that nothing herein shall prevent the Company from hiring persons from outside of the bargaining tmit until such time as the posting procedure is complied with.

Applications shall be made in the manner prescribed by the Company and submitted to the Office prior to the expiry date of the posting period. Any posted vacancy may be tilled at the discretion of the company on a temporary basis for a period of thirty (30) calendar days. Where the Company anticipates a temporary vacancy will be longer than three (3) months in duration, the Company agrees to post such temporary vacancy in accordance with the provisions of this paragraph.

The successful applicant will be placed in the vacancy for a trial period not exceeding ten (1 0) days, and if the employee proves satisfactory then the employee shall be considered regularly assigned to the vacancy. If the employee proves unsatisfactory during that time, or if the employee feels unable to perform the duties of the vacancy, the employee will be retumed to their former position at their fonner rate of pay, as will any other employee(s) in the Bargaining Unit as a result of such adjustment.

An employee who accepted a posted position will not be allowed to post to another position for a period of six months.

Layoff & Recall

Whenever it becomes necessary to reduce the work force, the employee(s) affected shall be given five (5) days notice in advance of the date oflay­off or pay in lieu thereof. Employees recalled from lay-off shall be provided five (5) days notice prior to the commencement of their shift.

For the purpose of this Article, a lay-offmeans a lay-offfor more than ten (I 0) consecutive working days. An employee who has been displaced by lay-off from his/her classification may btm1p the most junior employee with an equal or lesser wage rate provided this is in accordance with the factors outlined in Seniority Article 12.02. An employee may be given a familiarity period up to one complete shift to demonstrate his/her capabilities. During the familiarity period or at its conclusion, management will decide if the employee will be confirmed in the classification and if so will approve the bump. If the employee cannot successfully demonstrate his/her capabilities, the bump request will be denied and the employee laid off prohibited from requesting another bump in the san1e classification during the term of the Agreement.

11

13.08

13.09

13.10

ARTICLE 14

14.01

14.02

14.03

When recalling an employee after layoff, he shall be notified by registered mail or telegram and allowed five (5) calendar days to report for work and, in the mem1time, if m1 employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled but shall be temporarily employed until the senior employee report within the five (5) calendm· day period as outlined. An employee to who a registered letter or telegram is sent in accordance with this Article must contact his foreman within forty-eight (48) hours of receipt of the notice of retum to work if he wishes the Employer to hold the job open for him for the full five (5) calendar day period. It shall be the employee's responsibility to keep the Employer notified as to any change of his address or telephone number so that they will be up to date at all times.

Employees promoted to supervisory positions or positions not covered by this Agreement will retain their seniority after promotion an accrue seniority for up to six (6) months, dming this time the employee will continue to pay dues only for the purpose of retaining seniority.

In the event of a permanent layoff severance pay will be paid at a rate of 2 weeks per year of service, pro-rated for partial years. This provision is inclusive of all Ontario Legislative and E.S.A. requirements for payment of severance and notice.

STATUTORY HOLIDAYS

The following shall be recognized as holidays to be paid to all employees on the basis of his regularly scheduled nomml daily hours of work at the regular straight-time hourly rate specified in this Agreement;

New Yem·'s Day Family Day Good Friday Victoria Day Cm1adaDay

Civic Holiday Labour Day

Thanksgiving Day Christmas Day Boxing Day

or days celebrated in lieu thereof, regardless of the day on which it falls.

If an employee works on any of the said holidays, he shall be paid for all hours worked on holiday at one and one-half ( 1-1 /2) times his regular straight-time hourly rate of pay in addition to his holiday pay as herein provided for:

An employee will be paid for a holiday provided he,

12

ARTICLE 15

I 5.01

15.02

15.03

a) Work his last full scheduled shift before and his first full scheduled shift after such holiday and works on such holiday if he is scheduled to work unless there is reasonable cause for the absence.

b) is on the active payroll of the Employer and not on a leave of absence. sick leave, workers' compensation or layoff; and

VACATIONS

An Employee who,

(a) completed Jess than one (I) year of continuous service with the employer shall receive vacation with pay in accordance with the provisions of the Employment Standards Act;

(b) completed one (I) year of continuous service but less than five (5) years of continuous service with the Employer shall receive 2 weeks' vacation with pay at 4% (percent) of his total earnings for the previous year;

(c) completed five (5) years of continuous service but less than (I 0) ten years of continuous service with the Employer shall receive 3 weeks' vacation with pay at 6% percent of his total eamings for the previous year;

(d) completed ten (1 0) years of continuous service with the Employer shall receive 4 weeks' vacation with pay at 8% percent of his total eamings for the previous year;

(e) Completed fifteen (15) years of continuous service with the Employer shall receive 5 weeks' vacation with pay at IO% percent of his total eamings for the previous year.

Employees with less than one year of service will receive four ( 4) percent of their total eamings for their first year m1d may take up to two (2) weeks vacation, based on one (I) day for each month (or portion thereof) worked.

Employees will be paid their accrued vacation pay as a separate payment twice per yem· (first pay in January and Jlrst pay in .July of each year.

Schedules for available vacation leave by department will be posted by .Jm1aury 15'11 m1d shall be approved according to seniority selection by February 15th.

13

15.04

15.05

ARTICLE 16

16.01

ARTICLE 17

17.01

ARTICLE 18

18.01

18.02

Vacation leave must be taken within the calendar year in which accrued unless expressly approved otherwise by the company in writing for a maximum of two (2) weeks, which must be taken by Apri130'11 of the following vacation year.

Vacation selection once approved by the employer, vacation dates shall not be changed except with the consent of the employee. The Employer will post the established vacation selections by the end of February of each year. After the deadline, further requests or changes will be by mutual agreement with the employer and will be on a first come-first serve basis. The Employer will respond within one week of the request. Vacation requests will be accommodated to the greatest extent possible.

BEREAVEMENT PAY

The Employer shall provide an employee three (3) consecutive days leave with pay at the employee's regular straight-time hourly rate for all regular time lost in the event of the death of a member of the employee's immediate family. Immediate family shall include spouse, daughter, son, mother, father, sister, brother, mother-in-law, father-in-law, grandmother and grandfather. In order to qualify for leave the employee must have completed his probationary period.

BULLETIN BOARDS

The Union shall have the use of a bulletin board in the Employer's premises for the purpose of posting notices relating to the union's legitimate business as it relates to the Employer. The union recognizes the sensitivity of postings with respect to the Company's potential and current clients.

SAFETY & HEALTH

The Employer and the Union agree that they mutually desire to maintain high standards of safety and health in the employer's operation in order to prevent industrial injury and illness. Therefore, the Employer, the Union and the employees will cooperate in the prevention of accidents and enforcement of safety rules are required by law and/or agreed by the Committee in the Employer's operation.

The Employer and the Union shall maintain a Joint Occupational Safety and Health Committee consisting of not more than three (3) members from three (3) different work areas elected or appointed by the Union and not more than three (3) members appointed by the Employer. Such committee will not suffer any lost wages or benefits as a result of performing duties outlined in Article 18.

14

18.03 The general duties of the Committee shall be:

(a) To make a quarterly inspection of the plant or place of employment for the purpose of determining hazardous conditions. to check unsafe practices and to receive complaints and recommendations with respect to these matters.

(b) To investigate promptly all serious accidents and any unsafe conditions or practices which may be reported to it. Such investigations shall include accidents, which might have caused injury to a worker, whether or not such injury occmred.

(c) To hold regular meetings at least quarterly for the discussion of cutTent accidents, ergonomic issues, their causes, suggested means of preventing their recurrences and reports of investigations and inspections

(d) To keep records of all investigations, inspections, complaints, recommendations together with minutes of meetings. The minutes shall indicate what action has been taken with respect to suggestions or reconm1endations previously made, and if no action has been taken, the reasons therefore shall be given.

(e) The Union Chairperson of the Committee shall have the right to accompany all Authorized Safety Inspectors on tours of the plant and shall receive copies of any reports sent of the company pertaining to such inspections.

(f) Accident, injury, and occupational illness records shall be kept by the employer, and shall be made available to the Committee. These records shall include all repmis required by the Department of Labour under the Occupational Health and Safety Act. The Company also agrees to make available to the Committee upon request, the trade name and/ or technical description, (including chemical analysis, if available) if any compounds and substances used in the plant.

15

18.04

18.05

ARTICLE 19

19.01

19.02

19.03

19.04

Unless otherwise prescribed, the Employer shall ensure that at least one (I) member of the committee representing the Employer and at least one (I) member representing the union are certified members. If a certified member resigns or is unable to act, the Employer shall, within a reasonable period of time, take all steps to ensure that a replacement is trained. Such training shall be paid for by the Employer, and the Union and the Employer shall jointly designate the agency responsible for training the Union member.

The Employer will provide the Employee and the Union with a copy of the WSIB Form 7.

LEAVE OF ABSENCE

Upon written request the Employer may grant a leave of absence without pay to employees for legitimate personal reasons for up to thitiy (30) calendar days. In special circumstances an extension beyond thirty (30) calendar days may be granted. A leave of absence may not be granted to an employee for the pmvose of working elsewhere.

Any leave of absence granted by the Employer shall be in writing and shall set out the length, pmvose, and tem1s on which it is granted. Any person who is absent with such pem1ission shall continue to accumulate seniority up to thirty (30) calendar days.

Employees elected to attend Union business and education programs shall be granted unpaid leave of absence with seniority.

(a) Such employee will receive their pay as they would nom1ally; the Employer will bill the Union monthly; and the Union will reimburse the amount monthly.

(b) The above leaves shall not normally exceed a cumulative total of thirty (30) working days in a calendar year.

(c) One (I) employee per job classification at any one time and anytl1ing in excess will only be with express agreement between the parties.

(d) Requests for such leave of absence shall be made as soon as possible and may not be granted with less than two (2) weeks notice in advance.

Employees being hired for full time employment with the Union will be given an armual unpaid leave with seniority. Such leave will be considered for extension upon request.

16

19.05

19.06

ARTICLE20

20.01

20.02

20.03

20.05

20.06

The Ontario Employment Standards Legislation shall apply regarding Pregnancy and Parental Leave.

Employees required to report for jury duty or summoned as a witness shall receive their regular pay daily (maximum eight (8) hours). less any amount received fi·om the comis for up to two weeks.

HOURS OF WORK AND OVERTIME

Nothing in this Article shall be construed to mean a guarantee of hours of work per day or per week.

The regular work week for all employees covered by this agreement shall be forty consecutive hours per week.

The Employer will provide contemplated schedules of work by Friday morning each week, which would take effect the following Monday. The Employer is prepared to discuss such areas where such schedules can be provided with the Union with a view to include as many aspects of the Company operations as is feasible.

Shift Starts

Day Shift Afternoon Shift Night Shift

6 AM or Later 4 PM or Later I 0 PM or Later

Above shift starts may vary for up to one hour for each of the specified periods. Shift premium, if any, will be paid based on where the majority of scheduled hours occur.

Employees will be able to indicate their preference by seniority, for available (day, afternoon, or night) shifts within their job classification qurnierl y.

Overtime

Opportunities will be distributed equitably on a rotating job classification basis starting with the most senior employee who has volunteered for such overtime. The employer will post on a quarterly basis, a listing of employees by classification in each departmental area, on which they shall indicate their availability to perform available overtime hours.

An employee on the volunteer list who declines rn1 overtime assignment will be considered the same as having worked such available hours for

17

20.07

20.08

ARTICLE 21

purpose of equitable distribution. In the event there are insufficient volunteers, the employer shall assign such overtime commencing with the most junior employee in the job classiiication. When an employee agrees to start their shift at a different time from the schedule, overtime will not start until after their scheduled number of hours have been worked. Shift premiums will apply for the actual hours worked. There will be no pyramiding of premium rates.

Overtime at time and one half will be paid for all hours worked in excess of regularly scheduled daily hours or 40 forty hours in a week

Breaks

Employees shall have an unpaid thirty (30) minute lunch break near the middle of their shift, and a paid fifteen (15) minute break during each half of their shift.

Employees working a ten hour shift will be provided with an additional paid fifteen (15) minute break in the last half of the shift.

Employees working a twelve hour shift will be provided with an additional Y, hour (30 minute) paid meals break in the last half of the shift

BENEFIT PLAN

(a) The Employer agrees to maintain all aspects of the Benefit Plan as outlined in Appendix "E".

(b) The Employer is responsible for the timely payment of Benefit Plan premium to ensure continuous coverage for the regular employees.

(c) An employee must complete the probationary period in order to be eligible to participate in the Benefit Plan.

(d) The Employer will make available all forms required to employees in order make any claims. The Employer also agrees to assist an employee with any dispute over the qualiiication for or payment of a claim. The final determination of eligibility is determined by the beneiit provider as per the terms and conditions of the plan.

18

ARTICLE22

22.0[

TERM OF AGREEMENT

This Agreement shall be for a term of three (3) years commencing on the 15111 clay of December, 2008 and ending on the 14'h day of December, 2011, e.nd shall continue from year 10 year thereafter unless either party gives notice in writing to the orhcr not less than U:Urty (30) days nor more than ninety (90) days prior to the expiry date hereof of that pmiy's intention to termi...rtate this Agreement or to ncgoLiate thereto_

DATED AT RICHMOND HILL, ONTARlO. TJ-llS DAY OF MARCH, 2009

FOR THE UNION FOR TI-lE ElV!PLOYER

X~# ( v . \ /' -~;l,cr--/''-';";l a.

------------

------ ·-----··-··

19

APPENDIX "A"

WAGES& CLASSIFICATIONS

Sepps Gourmet Foods Ltd

Classification Rates effective December 15'" 2008 reflecting a 1.5% wage increase After

Year 2008 Entry Probation General Helper $10.21 $10.52 Mixer $12.24 $12.85 Machine Operator $12.85 $13.45 Shp/Rec/Fork Lift Operator $11.44 $12.03

Classification Rates effective December 15th 2009 reflecting a 1% wage increase After

Year 2009 Entry Probation General Helper $10.31 $10.62 Mixer $12.36 $12.98 Machine Operator $12.98 $13.58 Shp/Rec/Fork Lift Operator $11.55 $12.15

Classification Rates effective December 15th 2010 reflecting a 1.25% wage increase After

Year 2010 Entry Probation General Helper $10.44 $10.75 Mixer $12.52 $13.14 Machine Operator $13.14 $13.75 Shp/Rec/Fork Lift Operator $11.70 $12.30

++ Premium of $.SO/h1·. fot· night shift.

+++ Premium of $.25 per hour fot· assigned lead hand work fo1· general help $.50 pe•· hour for assigned lead hand work fo1· mixer $. 75 per hour for assigned lead hand work for machine opera to•·

++++ A boot allowance of$100.00 will be paid to each employee annually.

'

Rate at 1 Year $10.92 $13.45 $14.02 $13.77

Rate at 1 Year $11.03 $13.58 $14.16 $13.91

Rate at 1 Year

$11.17 $13.75 $14.33 $14.09

20

Appendix "R"

Letter of Understanding

Casual 'Workers Fe!Jrua1·y 18, 2009

It is the intent of the Employer to minimize the use of casual employees. Casual employees will only be used to meet unexpected increases in business or as replacen1ents for employee absenteeism which cannot be covered by temporary employees envisaged in Article 3.04.

Once a bargaining unit position is filled reguhu·Jy l!·mn outside the bargaining unit for a period of 30 consecutive working clays the Employer shall poHI for a v<mmcy in that posi lion.

Any adclitionaJ regular positions, which are determined by the above process, shall be lirsl posted as per the posting provisions of the collective agreement prior to the employer hiring for such positions from the outside. Where such position(s) are staffed from outside, such new hires shall serve the prescribed probationary period.

Casual employees will not be hired when there are tmy employees on layoff or when there is a reduction in working hours fur regular fulltimc employees. Overtime hours will be offered to full-time employees before being offered to cnsutli employees and records will be kept of all ovenime hours worked.

The Union and Employer will meet within ninety days of the signing of the renewed collective agreement. At this meeting there wil! be a review the statistics on hours worked by casual employees, identification of cnsua! employees who have been working long tenn (and addressing thofie situations) tmd an overall discussion on the us~.; of casuals and ways the Employer can mini1nizc usc of such employees.

This review will be for calendar ycnrs 2007 and 2008 for comparison. The re"'tlts or the review will include the number of aJditiooal employees hired as regtilar employees as well as employees ren11inated.

In addition to the nhove noted review" a monthly report \viii be generated regarding casual workers. This report will contain the number of casual workers hired, reason Jar hiring and number of hours worked by the casual workers.

FOR THE UNION FOR THE EMPLOYER

I

21

Appendix "C"

Let!er of U ndct·s!:mding

'\Neekend Shift i<ebmary 18,2009

The Parties hereby agree to the following terms and conditions relative to the weekend shili.

(a) This will be a pennane1•t shift filled through the job posting procedure.

(b) Employees on the shift will be fn[[ time employees and thus eligible tor any benelits llS are other full time employees.

(c) Employees on the shift will be members of the bargaining unit and will pay dues promted to their hours of work. All applicable sections of the Collective Agreement except as speciJ]ed in this document vvill apply to these employees.

(d) Seni01ity Jnr the pmpose ofjob poslings and layoffs will be prorated based on the hours of \vork.

(e) The hours of work \\;ll be 12 hours on three consecutive days per weck Friday, Satmdny and Sunday. 1l1is will be a day shift.

(f) Pay at time and one·lmlfplus the regular straight-rime hourly rnle of pay will be paid for all hours worked on a statutory lmliday.

(g) Employees will be paid their accrued vacation pay as a separate payment (wice per year (first pay in January and first pay in July of each year).

FOR THE UNION FOR THE EMPLOYER

/ fJ

CJ I " I

. ' Ad>:.,--y_p LLLJ"'-. I

22

Appendix "!)"

Lettel· of U nder·stamlirng

Part Time Cleaners February 18, 2009

The Pru\ies hereby agree w the follmving tenm and conditions relative to the hiring and employment of part time clcc.ncrs.

(a) These employees will be members of!he bargaining tll'it and will pay dues prorated to their hours of work. All applicable sections of the Collective Agreement excepl as specified in this document will apply to these employees.

(b) The Part Time Cleaner classification rate of pay will be the smne rate as the general helper classification.

(c) The scheduled hours of work will be to a !l1a'{imum of forty (40) hours weekly.

(d) Honrs worked aficr forty hours (40) in a week will be paid at time and one hali~

(e) Pari time employees arc entitled to one 15 minute paid break after three hours of work.

(f) Seniority for the purpnsc ol"job postings and layo11s will be prorated based on the hours oF work.

(g) The entitlement and pay !1Jr statutory holidays will be govcmed by the Employment S tm1c!ards Act.

(h) Pari Time Employees will be paid their accrued vacation pay as a separate payment twice per yem· (Jirst pay in January and iirst pay in July of each year.

(il Part time employees arc not eligible for coverage under m1y benefit plan as may be available to full time employees.

UJ These new positions will be posted intemally in accordance with the provisions of Article 13 of the collective agreement.

The pnr!ies agree to meet tn review the use of Jxu·t time cleaners six months al1.er the implementation date or the part time shift. At that time~ the parties can agree to maintain this Teller as written or continue i.he Jetter witl1 modifications.

FOR TliEUNJON

--- ----"'2-'''' ~ f ; ____ _

FOR THE EMPLOYER

7' __ ,

I

Appendix E

Health Care Benefit Plan- Hourly Employees

Extended Healthcare

(a) $25 single I $25 family mmual deductibles, 80% coinsurance (!00% coinsurance for Travel Medical, Global Medical Assistm1ce, In-Canada Hospital).

(b) Travel medical insurance: up to six months per trip, unlimited claim maximum, no pre-existing conditions (except + 34 weeks/at risk pregnm1cies ).

(c) Out of Country Medical Cm·e benefit. (d) Semi-private hospital room. (e) Nursing benefit paid for 12 months to $10,000 maximum. (f) Hearing aids $400 every 5 yems. (g) $500 per year per employee per dependent for EACH of Chiropractor,

Physiotherapist, Acupuncturist, Massage Therapy, Naturopath, Osteopath, Speech Therapist, Psychologist/Social Worker, Podiatrist, Christim1 Science Practitioner.

(h) Custom fitted orthopedic shoes/foot orthotics $300 every 12 months. (i) Ambulm1ce services, diagnostic x-rays and lab tests, diabetic supplies, medical

equipment, etc.

Prescription Dmgs

(j) Deductibles combined with Extended Healthcm·e, 80% coinsurance, unlimited maximum per individual.

(k) Brand name drugs covered.

Calendar Yea1· Deductible:

For global medical assistance For all other expenses

o Individual o Family

Reimbursement Level:

none

$25 $25

For in Canada hospital, global medical assistm1ce 100% & out of country cme expenses For all other expenses 80%

Lifetime Maximum none

All eligible employees will be provided a benefit plan booldet with details of plan coverage.

24