COLLECTIVE AGREEMENT - Pages - Home Agreement Between Del's Pastry Limited And Bakery,...

Collective Agreement Between

Del's Pastry Limited And

Bakery, Confectionery, Tobacco Workers' & Grain Millers International Union Local 264

March 25, 2017 through to March 25, 2020

COLLECTIVE AGREEMENT

BETWEEN:

DEL'S PASTRY LIMITED (hereinafter referred to as the "Company") OF THE FIRST PART

AND:

BAKERY, CONFECTIONERY, TOBACCO WORKERS' & GRAIN MILLERS INTERNATIONAL UNION LOCAL 264 (hereinafter referred to as the "Union") OF THE SECOND PART

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INDEX

ARTICLE TOPIC PAGES

I PURPOSE OF AGREEMENT 3 II RECOGNITION 3 Ill RELATIONSHIP 3-4 IV UNION SECURITY 4-5 v NO STRIKES OR LOCKOUTS 5 VI MANAGEMENT RIGHTS 5-7 VII UNION COMMITTEES 7-8

AND STEWARDS VIII GRIEVANCE PROCEDURE 8-10 IX ARBITRATION PROCEDURE 11 X DISCIPLINE & DISCHARGE 12-13 XI SENIORITY 13-15 XII JOB VACANCIES 15-16 XIII TEMPORARY TRANSFER 16-17 XIV LAYOFF AND RECALL 17-18 XV LEAVE OF ABSENCE 18-19 XVI BEREAVEMENT LEAVE 19-20 XVII JURY DUTY 20 XVIII HOURS OF WORK & 21-23

OVERTIME XIX PAID HOLIDAYS 23-24 XX VACATION 25-26 XXI HEALTH & SAFETY 26-27 XXII UNIFORMS & SAFETY SHOES 27-28 XXIII JOB CLASSIFICATIONS 28-30

& WAGES XXIV LEAD HANDS 31-32 XXV BULLETIN BOARD 32 XXVI GENERAL 32 XXVII GROUP BENEFITS 33-34 XXVIII TERM OF AGREEMENT 34-35

LETTER OF UNDERSTANDING #1 36 JOINT MANAGEMENT- EMPLOYEE COMMITTEE

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ARTICLE 1 - PURPOSE OF AGREEMENT

1.1 It is the intention of the parties to this Agreement to mutually establish satisfactory relations between the Company and its employees in an atmosphere of mutual trust and respect, in order to enhance the dignity of individuals through a commitment to communication and also to provide a means for the prompt disposition of grievances, and to promote, secure and maintain the efficient operation of the Company's business without interference or interruption to the work performed and service to customers, and to maintain terms and conditions of employment subject to the specific provisions of this Agreement.

ARTICLE 2- REGOGNITION

2.1 This Agreement shall apply to all employees in the bargaining unit as defined in the Certificate issued by the Ontario Labour Relations Board on the 30th day of January, 2002; that is all employees of Del's Pastry Limited in the City of Toronto save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff, persons regularly employed for not more than twenty-four hours per week, and students employed during the school vacation period.

2.2 The Company recognizes the Union as the sole collective bargaining agent for all employees of the Company in the bargaining unit defined above.

ARTICLE 3- RELATIONSHIP

3.1 The Company and Union agree that there shall be no discrimination by either of them, their representatives or employees, against any employee with respect to employment, membership or nonmembership in the Union, on account of race, ancestry, place of origin, colour, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, or handicap, as these terms are defined in the Ontario Human Rights Code.

3.2 There shall be no solicitation of employees or other Union activities on Company premises during the working hours of employees without the authorization of the Vice President, Operations or their designate.

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3.3 If an authorized representative of the Union wishes to enter the Company's premises in the administration of this Agreement they shall first request consent from the Company to do so, and such consent shall not be unreasonably denied by the Company. If consent is granted the authorized representative of the Union may be accompanied by an authorized official of the Company. The authorized representative of the Union shall not interfere or interrupt the work of employees or the operation of the Company.

ARTICLE 4- UNION SECURITY

4.1 All current full time employees governed by this Agreement shall pay monthly union dues and initiation fees as determined by the Union as a condition of employment. For all newly hired full time employees following ratification of this Agreement this condition shall first become effective with the next regular monthly dues deduction following the completion of their first month of employment. Part Time employees and students not covered by this Agreement are not required to make such payments so long as they remain to be part time employees and or students.

4.2 Upon receipt of an authorized form from the Union for an employee designated in Article 4.1 that is duly signed by the employee, the Company agrees to deduct the initiation fee and regular monthly union dues from the first pay due to the employee in each calendar month. Amounts so deducted will be forwarded by cheque to the Union on or before the last day of the month in which the dues were deducted. The Company shall provide to the Union with each payment a list of the employees from whom the deduction of initiation fees or dues was made.

4.3 Delinquent dues will be deducted and remitted in the same manner as regular monthly dues, following receipt from the Union office of a list of the names of the employees concerned and the amounts of dues arrears to be deducted.

4.4 The Union will save and hold the Company completely harmless from any and all claims made against the Company by employees, or their representatives, with respect to any amounts deducted in accordance with this Article.

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4.5 The Company will supply to the Union, in writing, the names and hire dates of new full time employees with the monthly union dues remittance made next following the employee's date of hire with the Company.

ARTICLE 5- NO STRIKES OR LOCKOUTS

5.1 The Union agrees that there shall be no strike, picketing, slowdown or stoppage of, or interference with, work and production, either complete or partial, and the Company agrees that there shall be no lockout during the term of this Agreement. The words "strike" and "lockout" shall be as defined in the Ontario Labour Relations Act, as revised from time to time, and as interpreted by the Ontario Labour Relations Board.

5.2 Any bargaining unit employee who participates in any of the conduct specified in Article 5.1 shall be subject to disciplinary action by the Company, up to and including discharge.

ARTICLE 6- MANAGEMENT RIGHTS

6.1 Except as, and to the extent specifically modified by this Agreement, the Union recognizes and acknowledges that all rights and prerogatives of management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management personnel. Without limiting the generality of the foregoing, the Company's management rights shall include but are not restricted to the following:

(a) the right to maintain order, discipline and efficiency and in connection therewith the right to make, alter and enforce from time to time reasonable rules, regulations, policies, procedures and practices to be observed by employees; the right to discipline or discharge employees for just cause provided that a claim by an employee who has successfully completed probation and obtained seniority that they have been disciplined without just cause may properly be the subject of a grievance and dealt with as hereinafter provided;

(b) the right to select, hire and control the workforce and employees; to transfer, assign, promote, demote, classify, lay-off,

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recall and retire employees; to plan, direct and control all plant operations; to select and retain employees for positions excluded from the bargaining unit, and to transfer employees into and out of the bargaining unit, however the Company shall not transfer an employee out of the bargaining unit against their will to do so.

( c ) the right to require employees to undergo medical examinations by a Company appointed physician, the cost of which shall be paid for by the Company.

(d) the right to determine the location and extent of Company operations, their commencement, expansion, curtailment, or discontinuance; the direction of the workforce; the products to be produced; the quality and quantity standards of production; safety standards of production in accordance with the Occupational Health and Safety Act of Ontario as revised from time to time; the subcontracting of work; the schedules of work and production; the number of shifts; the methods, processes and means of performing work; job content; the qualification requirements of an employee to perform any particular job; the establishment of job classifications, including the right to combine or abolish job classifications; the tools, equipment and machinery used and the right to use new or improved methods, machinery, equipment, methods or processes; to determine the number of employees needed at any time and how many shall operate or work on any job, operation, machine or production line; to determine the number of hours to be worked, the starting and quitting times, to determine when overtime shall be worked and to require employees to work overtime; and generally the right to otherwise manage its business without interference is solely and exclusively the right of the Company and its management personnel.

(e) Failure by the Company to exercise any of its management rights shall not be considered as an abandonment of any such rights.

6.2 It is agreed that none of the foregoing shall be exercised by the Company in a manner that is inconsistent with the explicit provisions of this Agreement.

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6.3 Without limiting the company's right to discharge employees in any other situation, it is agreed that theft of property of the Company, its employees and customers shall result in the specific penalty of immediate discharge for cause from employment with the Company.

ARTICLE 7- UNION COMMITTEES AND STEWARDS

7.1 The Union may designate, appoint or elect and the Company shall recognize no more than three (3) stewards, one of which shall be the Chief Steward. Stewards will be allocated on a one (1) Steward per shift basis on the day shift, afternoon shift and night shift when operative. All Stewards shall be full time employees with a minimum of six (6) months of completed service with the Company. The Union shall notify the Company in writing of the names of all Stewards, and the Company shall not be required to recognize any Steward until it has been so notified.

7.2 A Steward may investigate and process grievances in accordance with the Grievance Procedure set out hereinafter in this Agreement.

7.3 The Union acknowledges that Stewards have regular duties to perform as an employee of the Company. The Steward's duties shall in no way conflict with his duties to the Company, and he shall be held responsible for the same quantity and quality of work as other employees. Accordingly, Stewards shall only absent themselves from such work with the prior consent of his supervisor. Consent of the supervisor shall not be unreasonably withheld. Upon returning to their regular duties the Steward shall report to the individual that provided consent for them to leave and provide a reasonable explanation with respect to their absence from work, when requested to do so. Stewards shall not lose pay for time spent during their regularly scheduled working hours while investigating and processing a grievance at the appropriate step of the grievance procedure, and attending meetings with representatives of the Company. This provision shall not apply to time spent in connection with an arbitration hearing.

7.4 At any further negotiations held for the renewal of this Agreement, the bargaining unit will be represented by a bargaining committee of no more than two (2) employees, each of which will be a seniority employee with a minimum of six (6) months of completed service

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with the Company. The bargaining committee shall be paid their straight time hourly wage rate, exclusive of premiums, to a maximum of eight (8) hours per day, for time spent by them in negotiations with the Company for which they otherwise would be required and are able to work.

7.5 A suitable area to conduct private discussions with employees that are disciplined or discharged for cause shall upon request from the Union be made available for them to use. It is understood and agreed that these conversations shall not exceed fifteen (15) minutes in length, unless otherwise mutually agreed to by the Company and Union in a specific situation.

ARTICLE 8- GRIEVANCE PROCEDURE

8.1 The Company and Union agree that the designated grievance procedure as hereinafter set forth shall serve as and constitute the sole and exclusive means to be utilized by the grievor for the prompt disposition, decision, and final settlement of a grievance arising in respect to the interpretation, application, administration or alleged violation of this Agreement, and that the specifically designated grievance procedure shall be strictly followed.

8.2 It is the mutual desire of the Company and Union that complaints of employees shall be addressed as quickly as possible, and it is agreed that no employee covered by this Agreement shall have a grievance until he has first discussed his complaint with his supervisor and given him an opportunity to adjust his complaint. Such complaint shall be brought to the supervisor's attention by the employee, with the assistance of his steward if requested, within three (3) working days of the occurrence of the matter giving rise to the employee complaint. The supervisor shall verbally state his decision on the matter within three (3) working days of first receiving the employee complaint. If the supervisor does not settle the matter to the employee's satisfaction then the employee's written grievance shall be processed as follows:

Step 1

The employee with the assistance of his Steward shall refer the matter on a written grievance form supplied by the Union to the employee's immediate supervisor within three (3) working days of the reply of the supervisor to the employee

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complaint. The written grievance shall contain a statement of the alleged grievance, the facts relied upon, the specific provisions of this Agreement alleged to have been violated, the relief or redress sought and it shall be signed by the employee. A meeting will be held by the supervisor with the employee and his steward to discuss the specifics of the grievance. The supervisor shall provide his written response to the grievance within three (3) working days of receiving it.

Step 2

If the employee is dissatisfied with the response of the supervisor at Step 1, the grievance may then be referred to the Vice President of Operations, or his designate, within three (3) working days of the supervisors reply at Step 1. A meeting to discuss the grievance will then be held with the Company's representative, the employee, and his Steward within three (3) working days of it being referred to Step 2. The grievance shall be answered in writing within three (3) working days from the date the meeting was held.

Step 3

If the grievance has not been settled at Step 2, the Chief Steward, representatives of management including outside counsel, if required, shall meet to discuss the grievance within three (3) working days of the reply at Step 2. An authorized representative of the Union shall also be in attendance at this meeting. If the grievance is not settled within three (3) working days of this Step 3 meeting, it may be referred to arbitration as hereinafter provided.

8.3 Either the Company or Union may also initiate a grievance commencing at Step 2 of the Grievance Procedure. Such grievance shall be provided in writing to the other party within ten (1 0) working days of the occurrence of the incident giving rise to the grievance and it shall set out particulars of the grievance in the same manner as described in Step 1 of the Grievance Procedure. Any Company or Union grievance filed may be referred to arbitration by the party which has initiated the grievance if it has not been settled through the Grievance Procedure. It is understood and

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agreed that the Union shall not initiate a grievance directly affecting an employee, or group of employees, which such employee or employees could themselves initiate and thus the regular Grievance Procedure as set out herein shall not thereby be bypassed.

8.4 The Company shall from time to time notify the Union of the names of the Company representatives for the purposes of the grievance procedure.

8.5 All time limits referred to in the Grievance Procedure shall be deemed to mean "working days" i.e., exclusive of Saturday, Sunday (unless it is a working day) or the holidays set out in this Agreement. Any complaint or grievance which is not commenced or processed through the next stage of the Grievance and Arbitration Procedures within the time limit specified herein shall be deemed to have been withdrawn by the Union. A new and separate complaint or grievance shall not be eligible for processing until after the occurrence of a separate, subsequent and future incident like that which initially gave rise to the complaint or grievance that has been withdrawn by the Union. As well, failure on the part of the Company to comply with its time limits will result in the automatic referral of the grievance to the next step of the Grievance Procedure. Section 48(16) of the Ontario Labour Relations Act shall have no application to the time limits provided for in the Grievance and Arbitration Procedures set out in this Agreement.

8.6 Any and all time limits set forth in the Grievance Procedure and in Article 9 the Arbitration Procedure may be extended at any time only by mutual agreement in writing by the Company and Union.

8.7 No grievances may be submitted concerning the termination of employment, lay-off, or disciplining of a probationary employee. An employee will have no seniority rights throughout their probation period, and if their employment is terminated at any time throughout their probation period, such termination shall not be a proper subject in the Grievance Procedure.

8.8 If any grievance is to be referred to arbitration, the written request for arbitration from the party having carriage of the grievance must be submitted to the other party within twenty (20) working days after the date of the last answer to the grievance as provided for in this Grievance Procedure.

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ARTICLE 9- ARBITRATION PROCEDURE

9.1 Where a difference arises between the Company and Union relating to the interpretation, application, or administration of this Agreement, including any matter as to whether a matter is arbitrable, or when an allegation has been made that this Agreement has been violated, either the Company or Union whichever has carriage of the difference, may after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing in accordance with Article 8.8 of this Agreement, of its desire to submit the matter to arbitration.

9.2 When a matter is referred to arbitration, a single Arbitrator shall be utilized. The written notice referred to in Article 9.1 shall contain the names of three (3) proposed arbitrators, unless otherwise mutually agreed in writing by the Company and Union to be submitted at a later date. The receiving party of such notice shall agree to one (1) of the arbitrators proposed, or propose the names of three (3) different arbitrators in written reply thereto. If the Company and Union through this process fail to agree upon an arbitrator, a single arbitrator shall then be appointed by the Minister of Labour in accordance with the applicable provisions of the Ontario Labour Relations Act.

9.3 The arbitrator selected or appointed shall hear and determine the matter and shall issue a decision on it which shall be final and binding upon the Company and Union, and any employee affected by it.

9.4 The Arbitrator shall not be authorized in rendering their decision on the matters before them to alter, modify or amend any part of this Agreement, to make any decision inconsistent with the provisions of this Agreement, nor to deal with any matters not covered by this Agreement, except as otherwise permitted by law.

9.5 The Company and Union shall each pay one-half (1/2) of the fees and expenses of the Arbitrator selected or appointed.

9.6 The provisions of Articles 8.5 and 8.6 with respect to time limits in the Grievance Procedure shall also apply to all time limits in this Article regarding the Arbitration Procedure.

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ARTICLE 10- DISCIPLINE & DISCHARGE

10.1 An employee who has successfully completed probation and acquired seniority who is disciplined, suspended or discharged for just cause shall be given a reasonable opportunity to meet his Steward before leaving the Company's premises in accordance with Article 7.5 of this Agreement, unless it is necessary because of circumstances which gave rise to the disciplinary action being taken by the Company to require the employees immediate expulsion from the premises of the Company.

10.2 An employee who has acquired seniority and is discharged may file a grievance at Step 2 of the Grievance Procedure hereinafter provided within three (3) working days of such discharge. An employee who is otherwise disciplined, including a suspension, may file a grievance at Step 1 of the Grievance Procedure within three (3) working days of such disciplinary action.

10.3 Where a grievance is filed pursuant to Article 10.2 at Step 2 and is not settled in the Grievance Procedure which then comes before an Arbitrator to determine, the Arbitrator may make a ruling subject to this Article and the provisions of Article 9 which either:

(a) Confirms the Company's action, Or;

(b) Reinstates the employee with or without compensation of any kind for time lost from work, Or;

(c) Disposes of the grievance in any other matter which is just or equitable.

10.4 All disciplinary action issued by the Company to a seniority employee shall remain active in the employee's file for progressive discipline purposes for a period of eighteen (18) months of active work service following its date of issue. After which it shall expire, provided that there has been no subsequent disciplinary action issued by the Company to the employee during this period. If this is not the case then all disciplinary action on record issued to the employee by the Company shall remain active until there first occurs a period of eighteen (18) months of

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active work service by the employee in which no disciplinary action is issued to them by the Company.

10.5 When the Company disciplines, suspends or discharges a seniority employee it shall promptly notify the employee and his Steward of this action giving its reasons in writing for such discipline, suspension, or discharge action.

ARTICLE 11- SENIORITY

11.1 Newly hired employees shall serve A probationary period of ninety (90) calendar days and shall have no seniority rights during this period. Upon successful completion of the probation period, a new employee shall have his seniority back dated to his date of last being hired by the Company. During the probation period an employee shall be considered as being employed on a trial basis and may be terminated at any time at the sole discretion of the Company.

11.2 Seniority for the purposes of this Agreement shall mean an employee's length of continuous service with the Company since their date of last being hired. Seniority for newly hired employees is first attained the date the employee successfully completes their probation period as stipulated in Article 11.1 of this Agreement.

11.3 An employee shall maintain and accumulate seniority under the following circumstances:

(a) while he is actively at work for the Company after he has successfully completed the probation period set out in Article 11.1.

(b) during any period to a maximum of twelve (12) consecutive months, in accordance with Article 11.5 (f) of this Agreement when he is prevented from performing work for the Company by reason of legitimate injury arising out of and in the course of his employment with the Company and for which he is receiving WSIB payments, or has been denied such benefits and has appealed this denial, in accordance with the Workplace Safety And Insurance Act, as revised from time to time.

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( c ) during any Company approved leave of absence, including personal, bereavement, maternity, parental, emergency and jury duty leaves, and layoff, all of which are subject to the provisions of Article 11.5 of this Agreement.

11.4 Updated Seniority Lists shall be posted in the workplace on January 1st and June 30th each year.

11.5 Seniority once established for an Employee shall be forfeited and the employee's employment with the Company shall be deemed to be terminated when any of the following circumstances occur:

(a) the employee quits or retires;

(b) the employee is discharged for just cause and the discharge is not reversed through the Grievance or Arbitration Procedures;

( c ) the employee is recalled to work after a lay-off and fails to report for work within forty-eight (48) hours after notice of recall, unless prevented from returning to work by verified illness or other justifiable cause;

( d ) the employee fails to report to work at the end of any Company approved leave of absence, unless he provides to the Company satisfactory and verifiable reasons that prove he was prevented from reporting to work as expected at the end of the leave;

(e) the employee is absent without providing just cause;

( f ) the employee has not performed work for the Company for any reason whatsoever for a period of twelve (12) months.

11.6 When a seniority bargaining unit Employee is transferred or promoted to a position outside of the bargaining unit, he will retain his seniority and continue to accumulate seniority for a period not to exceed twelve (12) months from the date of such transfer or promotion. After such twelve (12) months the employee shall not have seniority under this

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Agreement. Should the employee return to the bargaining unit within the twelve (12) month period and there is no opening which by virtue of his seniority he is entitled to fill, then he may displace the employee with the least seniority in the bargaining unit, provided he possesses the experience and qualifications to perform the job. Any employee returned to the bargaining unit under this provision shall revert to the benefit coverage provided to employees in the bargaining unit under this Agreement on the basis of his total service with the Company, including the period of time he was transferred or promoted outside of the bargaining unit. All employees transferred or promoted outside of the bargaining unit shall forfeit their recourse to the Grievance and Arbitration Procedures with respect to any matters occurring to them while they are outside of the bargaining unit.

ARTICLE 12- JOB VACANCIES

12.1 The Company agrees to post on the bulletin board permanent job vacancies which are the result of jobs being created or additional employees are permanently required in an existing job classification. The company will post this notice for a period of three (3) working days. The notice will specify the Department, nature of the job, the shift, the qualifications required and the hourly rate of pay. Any seniority employee who wishes to be considered for the position posted shall so indicate his desire by making written application to the Company within the three (3) working day posting period. During the posting period and until the position is filled permanently the Company may temporarily fill the job as it deems appropriate. A copy of each job posting shall be provided to the Chief Steward on the first day the posting is posted.

12.2 In all cases of filling permanent job vacancies that are posted pursuant to Article 12.1 the following factors shall be considered by the Company:

(a) seniority; and

(b) qualifications, experience, physical fitness and ability to perform the normal requirements of the job

Where these qualifications for the job posting applicants in factor (b) above are relatively equal, in the judgement of the Company reasonably exercised, then factor (a) shall govern. If no acceptable job posting

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applications are received by the Company the Company may fill the vacancy from any source.

12.3 Only an employee whose wage rate is lower or equal to the rate of the posted job may apply for a posted job, unless otherwise specifically agreed to by the Company.

12.4 The job vacated by a successful Job Posting applicant to an original Job Posting, and the job vacated by the successful Job Posting applicant to their job shall also be posted pursuant to Article 12.1 of this Agreement. In no Job Posting situation will there be more than the original Job Posting, plus two (2) follow-up Job Postings posted pursuant to Article 12.1 of this Agreement.

12.5 Should the successful applicant to a Job posting prove to be unsuitable or unsatisfactory in the posted job, he shall be returned to his former job and the vacancy may then be filled by the Company without further posting. In doing so the Company shall give consideration to the other original applicants for the posted job in accordance with the procedure set out in Article 12.2 of this Agreement.

12.6 Employees who have successfully applied for a posted job by being awarded the position shall not be entitled to bid on another posted job for a period of six (6) months commencing the date he was first placed into the posted job.

12.7 Any job which is temporarily vacant for any reason for which it is likely the employee shall return ( i.e., Illness, accident, vacation, leave of absence, temporary transfer or promotion) and jobs that are vacant while employees are on layoff shall not be deemed to be vacant for the purposes of job posting under Article 12.1 of this Agreement.

ARTICLE 13- TEMPORARY TRANSFER

13.1 Temporary transfer of employees to a temporary vacancy in a different job classification may be made by the Company. An employee who is temporarily transferred to a different job classification shall be paid as follows for all time spent working in the different job classification during the temporary transfer;

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(a) If the transfer is for the convenience of the Company, and if the rate of pay in the job classification to which the employee is transferred to is less than the employee's current rate of pay, he shall remain being paid at his current rate.

(b) If the transfer is for the convenience of the employee, or is in lieu of being laid off, and if the rate of pay to which the employee is transferred to is less than the employee's current rate of pay, he shall be paid at the lower rate of pay.

( c ) If the temporary transfer is to a job classification with a higher rate of pay, then the employee shall be paid at the higher rate of pay.

13.2 If a temporary transfer lasts more than nine (9) consecutive months and it is clearly apparent that the employee is unlikely to return, it shall be considered a permanent vacancy and be posted in accordance with Article 12.1 of this Agreement.

ARTICLE 14 - LAYOFF AND RECALL

14.1 In the event it becomes necessary to reduce the workforce in the bargaining unit, employees shall be laid off on the basis of their seniority standing commencing with those employees with the least seniority, provided the employees remaining at work are able to meet the operational requirements of the Company at all times. In all cases of layoff or job elimination the seniority employee affected can bump to the position held by the least senior person in a job classification in the bargaining unit whose work they are able to perform. The Company agrees that in such circumstances it shall provide the employee an orientation period in the new position of up to five (5) working days to demonstrate their ability to satisfactorily perform the required duties of the new position. When recalling employees who have been laid off, the increase in the workforce shall be made in reverse order of the foregoing. In this regard it may be required for the Company to retain employees at work out of line of seniority because of their respective skills, qualifications and abilities.

14.2 It is the responsibility of all employees to ensure the Company

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is aware of their current address and telephone number, and all future changes made to them. If an employee fails to do this the Company will not be held responsible in anyway whatsoever for the failure of any notice, including recall notice, to reach the employee. Any notice sent to an employee by the Company by registered mail to the address that appears on the Company's records shall be conclusively deemed to have been received by the employee. The Chief Steward shall be provided copies of layoff and recall notices provided to employees. An updated copy of the lay-off list shall be posted in the workplace.

14.3 All notices of recall from layoff shall initially be by phone to the last recorded phone number of the employee on the records of the Company. In the event the Company is unable to reach the employee being recalled by phone, it shall send to the employee being recalled recall notice by registered mail to the employee's last recorded address on the records of the Company. An employee on lay-off is expected to return to work with the Company within forty-eight (48) hours after either being contacted by phone, or mail, of recall notice. If the employee fails to return to work within this time period his seniority with the Company shall be forfeited and his employment with the Company shall be terminated in accordance with Article 11.5 ( c ) of this Agreement.

14.4 For the purposes of this Article, a layoff Is deemed to mean an actual layoff of more than three (3) working days.

ARTICLE 15 - LEAVE OF ABSENCE

15.1 Leave of absence to attend Union conventions, courses and conferences will be granted without pay and without loss of seniority provided that advance notice of a minimum period of two (2) weeks is given to the Company by the Union, and provided that not more than one (1) employee per shift is absent for such purpose at any one time, provided that this does not limit in any way the Company's ability to maintain a qualified workforce at work at all times.

15.2 Personal leave of absence shall mean an absence from work requested by the employee in writing and consented to by the Company. Leave granted shall be in writing covering a specified period of time. Leave of absence shall be by permission only and shall be without pay or any other form of compensation. If an employee has been granted a personal leave of absence within the previous calendar year and requests another

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personal leave of absence, other applicants for leave in his Department shall be given priority over his request.

15.3 Emergency Leave shall be granted to eligible employees in accordance with the applicable provisions of the Employment Standards Act of Ontario.

15.4 Any employee who works for another Employer while on leave of absence will be deemed to have left the employ of Del's Pastry Limited.

15.5 The Union agrees to cooperate with the Company in preventing abuses of the leave of absence provisions of this Agreement.

15.6 Maternity Leave shall be granted to eligible employees in accordance with the applicable provisions of the Employment Standards Act of Ontario.

15.7 Parental Leave shall be granted to eligible employees in accordance with the applicable provisions of the Employment Standards Act of Ontario.

15.8 All other leaves provided in the Employment Standards Act of Ontario shall be granted to eligible employees in accordance with the applicable provisions of the Employment Standards Act of Ontario.

ARTICLE 16- BEREAVEMENT LEAVE

16.1 The Company shall pay an employee up to five (5) days pay at their regular straight time hourly rate, exclusive of premiums, for all time lost from work in the event of the death of the employee's current spouse or child: up to three (3) days at their regular straight time hourly rate exclusive of premiums, for all time lost form work in the event of the death of the employee's mother or father, and up to one (1) days pay at their regular straight time hourly rate, exclusive of premiums, for all time lost from work in the event of the death of the employee's sister or brother. In order to qualify for this payment the employee must:

(a) have first successfully completed their probation period as stipulated in Article 11.1 of this Agreement; and

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(b) they may be required by the Company to first provide satisfactory proof of death, and their relationship if possible, to the deceased

16.2 No employee shall be paid bereavement leave pursuant to this Article for regular scheduled days off, Paid Holidays, or the day designated by the Company in lieu thereof, and also while they are on vacation or leave of absence, or during any other period in which they otherwise would not be required to be at work.

ARTICLE 17- JURY DUTY

17.1 An employee who is selected for service as a juror will be compensated by the Company, subject to the conditions of Article 17.2 of this Agreement, for loss of pay from their regular scheduled shift due to such jury service. This compensation will be based on the number of regular scheduled hours they are absent from work as a juror at their straight time hourly rate of pay, exclusive of premiums, minus all fees received for their service as a juror. If an employee presents themself for selection as a juror and is not selected, or on any day when they are released from such service, it is agreed they are required to report back to the Company to complete their regularly scheduled work shift when three (3) hours or more remain in the employees regularly scheduled hours.

17.2 In order to qualify for payment pursuant to this Article, an employee must:

(a) have first successfully completed their probation period as stipulated in Article 11.1 of this Agreement; and

(b) provide his supervisor at least twenty- four (24) hours advance notice of their selection for service as a juror; and

(c) provide a written schedule to the Company indicating the date(s) of their service as a juror, the time so spent and all fees they received for their services as a juror.

ARTICLE 18- HOURS OF WORK & OVERTIME

18.1 It is hereby expressly understood and agreed that the provisions of this Article 18 are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of

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work to be done per day or per week or otherwise, nor as a guarantee of working schedules.

18.2 For the purpose of computing overtime the regular work week is composed of five (5) days of eight (8) hours each, or forty (40) hours worked in the week Sunday through Thursday inclusive. Nothing herein shall limit the Company from extending or amending as required the regular work week hours in accordance with the applicable provisions of the Employment Standards Act of Ontario.

18.3 Effective November 24,2015 and thereafter an employee shall normally be paid overtime pay at the rate of one and one half times their straight time hourly rate for all hours worked by them, including paid breaks, in excess of forty two and one half (42 112) hours each work week.

a) In a work week in which one (1) Paid Holiday as set out in Article 19.1 of this Agreement falls, overtime at the rate specified in Article 18.3 shall be paid for all hours worked that work week in excess of thirty- four (34) hours, including paid breaks.

b) In a work week in which two (2) Paid Holidays as set out in Article 19.1 of this Agreement fall, overtime at the rate specified in Article 18.3 shall be paid for all hours worked that week in excess of twenty five and one half ( 25 112) hours, including paid breaks.

18.4 The Company may request employees to work beyond their eight (8) hour day or forty (40) hour week, and employees are expected to work as requested, unless a reasonable and justifiable reason is presented.

18.5 Overtime before and after a shift will be allocated as evenly as practicable amongst employees within the classification who volunteer to work the overtime on the shift the overtime is required. Overtime that is required by the Company on a scheduled day off will be allocated as evenly as practicable amongst employees within the classification who volunteer to work the overtime on the shift the overtime is required. To ensure overtime is allocated as evenly as practicable in all overtime situations, the Company when seeking volunteers to work any overtime will offer such overtime opportunity on a rotational basis to employees in the classification in line of seniority first starting with those employees with an imbalance in overtime provided them, and then to those employees who have the least amount of overtime to their credit. In the

21





event that an insufficient number of required employees volunteer to work the overtime available, the Company reserves its right to require employees to work the overtime on a rotational basis in reverse order of seniority (junior employees first) so long as the total amount of weekly hours worked by any employee does not exceed the maximum amount permitted by the Employment Standards Act of Ontario. All employees that refuse to work the overtime they are offered shall be deemed to have worked the overtime for the purposes of overtime equalization among employees. In the event of an imbalance in the overtime provided employees, when overtime is required, such imbalance will be remedied by an equivalent amount of future overtime opportunity being first provided to the respective employees as indicated above.

18.6 Employees shall be scheduled to work on the basis they will have a minimum of twelve (12) hours off duty between the end of one regularly scheduled shift and the beginning of their next regularly scheduled shift. Regularly scheduled shifts of work do not include overtime worked at either the beginning or end of the shift.

18.7 An unpaid eating period of at least thirty (30) minutes shall be provided to employees at intervals that result in no employee working more than five (5) consecutive hours without an eating period. A paid break period not to exceed fifteen (15) minutes in length shall be provided to all employees within their eight (8) hour shift at a time determined by the Company. During the period of June 1st to August 31st employees shall be entitled to an additional ten (1 0) minute paid break within their eight (8) hour shift. An employee required to work overtime of two (2) hours or more continuously after completion of his regular shift, shall be provided with a fifteen (15) minute paid break within the overtime period, but prior to ten (10) hours.

18.8 Any employee who is called in to work at a time they were not previously scheduled shall whenever possible be given one (1) hour prior notice of reporting.

18.9 The Company will post employee new and revised weekly work schedules in the workplace. Such weekly work schedules shall be posted one (1) week in advance of the start of the posted workweek.

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ARTICLE 19- PAID HOLIDAYS

19.1 First effective for paid holidays occurring after February 22, 2009, and in each calendar year thereafter the following days will be recognized as paid holidays regardless of the day they fall on

New Year's Day Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Christmas Day Boxing Day

Total= 9

In the event an additional paid holiday, or holidays, is proclaimed by government to occur during the term of this Agreement it, or they, will replace one (1 ), or the requisite number, of paid holidays stipulated above. The Company and Union agree to meet in this event and determine the respective paid holiday(s) to be replaced. Under no circumstances will there be more than nine (9) paid holidays in each calendar year.

19.2 An employee who has successfully completed their probation period as stipulated in Article 11.1 of this Agreement shall be paid eight (8) hours pay at their straight time hourly rate for each holiday listed above, or day celebrated in lieu thereof, provided they meet the conditions for such payment as hereinafter set forth.

(a) The employee must work the full scheduled shift on his workday immediately prior to, and the full scheduled shift on his workday immediately following the holiday, or day celebrated in lieu thereof, unless his absence on either of these qualifying shifts is due to verified personal illness which is satisfactory to the Company.

(b) When an employee's vacation period prevents him from working his full scheduled shift immediately prior to and after

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the paid holiday as stipulated in (a) above he will qualify to be paid for the holiday if he has worked both the full scheduled shifts on his workday immediately prior to and immediately following his vacation period, unless his absence on either of these qualifying days is due to verified personal illness which is satisfactory to the Company.

19.3 When a paid holiday falls during an employees vacation period, the employee shall be given the option to either receive an additional day off with eight (8) hours pay in lieu thereof at a time to be scheduled that is mutually agreed upon by the employee and his supervisor, or to be paid eight (8) hours pay for the holiday provided he meets the conditions for such payment indicated in Article 19.2 (b).

19.4 An employee who has agreed to work on one (1) of the designated paid holidays, or day celebrated in lieu thereof, and does not report for work as agreed, shall forfeit their holiday pay they are otherwise eligible to receive for that particular paid holiday, except in the situation of absence due to verified personal illness which is satisfactory to the Company.

19.5 An employee who works on any paid Holiday, or day celebrated in lieu thereof, shall be paid at time and one half their regular hourly rate for all work performed by them on the holiday in addition to his pay for the holiday as stipulated in Article 19.2 above.

19.6 When the requirement exists to work on the holiday, the Company will first seek volunteers from the job class and shift where the requirement exists. If there is insufficient volunteers it will then seek qualified employees on a plant wide basis. In the event that an insufficient number of required employees volunteer to work the holiday, the Company reserves the right to require the employees to work such holiday on a rotational basis in reverse order of seniority. Work on a holiday will be allocated as evenly as practicable.

ARTICLE 20- VACATION

20.1 On December 31st each calendar year the Company shall calculate employee vacation time and pay % entitlement for the next calendar year in accordance with the following:

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20.2


(a) Employees on December 31st with less than one (1) year of continuous service since their date of last being hired by the Company shall receive vacation time off and pay in the next calendar year in accordance the applicable provisions of the Employment Standards Act of Ontario. The employee's vacation pay shall be a percentage of their total wages in the previous calendar year.

(b) Employees on December 31st with one (1) but less than five (5) years of continuous service since their date of last being hired by the Company shall receive vacation time off in the next calendar year of two (2) weeks and vacation pay equal to four percent (4%) of the employee's total wages in the previous calendar year.

(c) Employees on December 31st with five (5) but less than eleven (11) years of continuous service since their date of last being hired by the Company shall receive vacation time off in the next calendar year of three (3) weeks and vacation pay equal to six percent (6%) of the employee's total wages in the previous calendar year.

(d) Employees on December 31st with eleven (11) or more years of continuous service since their date of last being hired by the Company shall receive vacation time off in the next calendar year of four (4) weeks and vacation pay equal to eight percent (8%) of the employee's total wages in the previous calendar year.

(e)

(f)

First effective March 31 ,2012 and thereafter employees on December 31st each calendar year with twenty (20) or more years of continuous service since their date of last being hired by the Company shall receive vacation time off in the next calendar year of five (5) weeks and vacation pay equal to ten percent (10%) of the employee's total wages in the previous calendar year.

The term "wages" utilized herein does not include vacation pay paid to the employee during the previous calendar year.

First effective the first full pay period following March 25,

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2017 the date of ratification of this Collective Agreement and thereafter the Vacation pay to which an employee is entitled shall be paid to them on each bi weekly pay cheque they receive from the Company.

20.3 The Company reserves the right to schedule employee vacation, but agrees to consider individual employee wishes on the basis of their seniority, so long as this can be practicably be accomplished with the production requirements of the Company not being diminished. Preference for choice of vacation time off shall be considered on the basis of employee seniority.

20.4 Employees shall indicate to the Company their preference for vacation time off by March 1st each year. An employee vacation schedule shall be posted by the Company by April 1st each year. The vacation schedule may be changed because of individual employee requests which do not interfere with other vacation periods selected by other employees. Employees failing to select their vacation dates by March 1st each year will be assigned vacation dates by the Company.

20.5 Employee vacation time off is not cumulative from year to year.

20.6 Single days of vacation shall be granted upon mutual agreement between an employee and management with a minimum of forty-eight (48) hours notice.

ARTICLE 21 -HEALTH & SAFETY

21.1 The Company and Union recognize the benefits to be derived from a safe and healthy workplace. It is agreed that the Company, all employees and the Union will co-operate fully to promote safe work practices, healthy work conditions and the enforcement of safety rules and procedures enacted by the Company, or as defined by the governing regulatory authorities and applicable Occupational Health and Safety legislation.

21.2 The Company agrees to provide and Employees agree to provide and employees agree to maintain, clean and sanitary lunch areas and washroom facilities.

21.3 The Company and Union agree that the Joint Health and

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Safety Committee (2 representatives selected by the Company and 2 representatives selected by the workers) shall be continued and shall meet quarterly to discuss health and safety issues. There shall be no loss of pay to worker representatives on the committee for time spent at the quarterly meeting. At least one (1) worker representative on the Safety Committee shall be a "certified "worker representative.

21.4 If an employee meets with an accident at work, incapacitating him from carrying out his duties and is sent home by the attending physician, he shall be paid for the unworked portion of his shift in accordance with the applicable provisions of the Workplace Safety and Insurance Act, as revised from time to time. The Company shall arrange transportation to a hospital or doctor, if required.

21.5 The Company, Union and all employees will comply with the Workplace Violence and Harassment provisions of the Occupational Health and Safety Act as revised from time to time.

ARTICLE 22 - UNIFORMS & SAFETY SHOES

22.1 The Company shall continue for the term of this Agreement make every reasonable effort to ensure that each employee has one (1) clean uniform for every work day. (This is not a guarantee). It is understood and agreed that all work clothing provided to employees hereunder shall remain strictly the property of the Company.

22.2 The Company reserves its right to initiate future changes to the current work clothing program if reasons for such changes exist in the opinion of the Company (i.e., excessive cost, poor quality, unsatisfactory service from the clothing supplier & laundry service, etc.). If a change to the current work clothing program is subsequently implemented by the Company, it is agreed that such change will not result in a payment being made by employees for the work clothing they are provided.

22.3 It is mandatory that all employees wear Company authorized Uniforms and Safety Footwear while at work. Newly hired employees are responsible to pay the total cost of such footwear.

22.4 The Company will reimburse all employees with one (1) or more years seniority as of the date such reimbursement is made, an amount not to exceed one hundred and ten dollars ($11 0.00) towards the purchase of

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new safety footwear to be worn at work by the employee. It is understood employees are first required to provide the Company a receipt as proof of purchase of their safety footwear in order to qualify for this reimbursement payment made to them by the Company. This maximum amount of safety shoe reimbursement by the Company shall increase to one hundred and fifteen dollars ($115.00) first effective Sept 1st 2017. First effective September 1st 2018 the safety shoe reimbursement amount shall be further increased to one hundred and twenty dollars ($120.00).

22.5 The Company will provide jackets for all Shippers and clean them as required.

ARTICLE 23- JOB CLASSIFICATIONS & WAGES

23.1 A gross lump sum bonus payment in the amount of three hundred dollars ($300.00) shall be paid to all Del's employees in the employ of the Company as at the date of ratification (March 25, 2017) on the first full pay period following notice from the Union of successful ratification. This lump sum payment is considered wages and shall be subject to all witholdings, required by law. In addition, effective the first full pay period following March 25, 2018, all wage rates listed in Article 23.1 shall be increased across the board by twenty cents ($0.20) per hour. In addition, effective the first full pay period following March 25, 2019, all wage rates listed in effect after the 2018 across the board increase shall be increased further by an across the board increase of twenty five cents ($0.25) per hour. Pursuant to the above the following straight time hourly wage rates shall be in effect during the term of this Agreement: It is understood and agreed the implementation of the wage rate increases listed in Article 23.1 shall always occur on the first full pay period following the date listed for the wage rate to change:

Job Effective Effective Effective Classification March 25, March 25, March 25.z....

2017 2018 2019 Date $0.20 $0.25 of per hour per hour

Ratification increase increase Packaging

Dept

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Effective Effective Effective Job Classification March 25, March 25, March 25}....

General Help Machine Op 2 Machine Op 1

Production Dept

General Help Machine Op 2 Machine Op 1

Baker 2 Baker1

Shipping & Rec Dept

Shipper I Receiver Shipper 1

Driver Maintenance &

Sanitation Depts

General Help Cleaner 1

Maintenance 2 Maintenance 1

2017 Date of

Ratification $13.70 $14.50 $15.70

$13.70 $14.50 $15.80 $16.70 $19.10

$15.80

$14.80 $18.20

$13.70 $14.60 $15.70 $19.20

2018 $0.20

per hour increase $13.90 $14.70 $15.90

$13.90 $14.70 $16.00 $16.90 $19.30

$16.00

$15.00 $18.40

$13.90 $14.80 $15.90 $19.40

2019 $0.25

per hour increase

$14.15 $14.95 $16.15

$14.15 $14.95 $16.25 $17.15 $19.55

$16.25

$15.25 $18.65

$14.15 $15.05 $16.15 $19.65

'

Newly hired employees shall be hired at wage rates One Dollar ($1.00) per hour less than the rates listed above for their first six (6) months of employment. Their wage rates shall be fifty cents ($0.50) per hour less than the rates listed above for their second six (6) months of employment. The wage progression system for newly hired employees is understood and agreed to establish normal minimum rates of pay to be paid to these employees. The Company may in its sole discretion advance the stipulated wage progression system for newly hired employees based on its assessment of such employee, and I or its business requirements. In no event however shall the Company pay any newly hired employee the full

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rate listed above for their job classification until they have first successfully completed the probation period as stipulated in Article 11.1 of this Agreement. Any employee as at the date of ratification of this Agreement whose straight time hourly wage rate is higher than the wage rates listed above for their respective job classification, shall be "red circled" and continue to be paid such higher hourly wage rate for so long as they are employed in the job classification by the Company, until the straight time hourly wage rate for the job classification listed above is increased to a rate that is higher than their current straight time hourly wage rate. All "red circled" employees shall be paid the general annual wage increase for their job classification indicated above for so long as they continue to be "red circled".

23.2 The above Job Classification titles are descriptive only and all employees shall be required to perform all duties they are assigned.

23.3 When a new Job Classification coming within the scope of this Agreement, as set out in Article 2.1, is introduced by the Company for which rates of pay are not established, the Company will establish the rate of pay for such new Job Classification and shall notify the Union. In the event the Union does not agree with the wage rate set by the Company, the Union shall have the right to file a grievance pursuant to the provisions of Article 8.3 of this Agreement. The rate of pay established by the Company for any new Job Classification shall apply immediately after the Job Classification has been placed in effect by assigning an employee to perform work in such new Job Classification.

23.4 Any employee that is assigned to work a shift which starts between the hours of 10:00 pm through to 4:00am shall be paid in addition to their applicable hourly rate a shift premium in the amount of sixty cents ($0.60) per hour worked by them on such shift. Shift premium shall be calculated and paid separately and shall not be added to the employee's straight time hourly rate of pay for the purpose of computing their overtime hourly rate of pay.

ARTICLE 24 - LEAD HANDS

24.1 The Company may in its sole discretion and as required select an employee to function as a Lead Hand. Such selection shall be based on them possessing the following prerequisites:

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• Work experience; • Competence • Leadership ability; and • Demonstrated positive work behaviour and attitude

A Lead Hand shall perform his regular duties for the Company and in addition shall have responsibility for:

• Assistance, advice, guidance and direction of other employees in their work duties to ensure they consistently meet required production and quality standards and efficiently complete their assigned duties

24.2 In the event the Company determines that a Lead Hand is necessary, a qualified employee will be appointed by the Company, on either a temporary or permanent basis to fill the position, whichever is required in the circumstance.

24.3 Any employee appointed to be a Lead Hand by the Company shall be paid in addition to their applicable hourly rate a Lead Hand premium in the amount of: for a Category One Lead Hand (Full Time Position) one dollar ($1.00) and for a Category Two Lead Hand (Temporary fill in position) seventy-five cents ($0.75) per hour worked by them as Lead Hand.

24.4 A Lead hand shall have no authority to discipline or discharge fellow bargaining unit employees. A Lead Hand shall have the right to direct employees' rotation within their classification and send employees for breaks and lunch at the appropriate time. Any disagreement between an employee and the Lead Hand will be taken up with an available Supervisor or Upper Management.

24.5 There shall be a minimum of one (1) Category One Lead Hand on the Day and Afternoon shifts in each of the Shipping, Packaging and Production Departments. One (1) Category One Lead Hand will be maintained in each of the Sanitation and Maintenance Departments. Any change made to the number of Lead Hands in any Department of the Company shall be in accordance with Article 24.1 of this Agreement.

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(Note: Any worker as at the date of ratification (March 25, 2017) being paid Lead Hand Premium as per Article 24. 3 shall continue to receive such premium pay for so long as they are required by the Company to function as a Lead Hand at work.)

ARTICLE 25- BULLETIN BOARD

25.1 The Union shall have use of a bulletin Board in the Company's premises for the purpose of posting notices relating to the legitimate business of the Union. All such notices shall be signed by a Union officer and such notices must be approved by the Company prior to being posted. Such approval by the Company shall not be unreasonably withheld.

ARTICLE 26- GENERAL

26.1 Wherever the masculine gender is used in this Agreement, or the singular tense they shall be deemed to mean the feminine gender or the plural tense where the context so requires.

26.2 A doctor's note will not be required for absence due to personal injury, sickness or illness of three (3) days or less, except in the situation of an employee who has an attendance problem, who shall be required to produce a complete and legible Attending Physician's Form supplied by the Company for any incident of absence due to personal injury, sickness or illness. When this occurs and the Company still seeks a second Attending Physician's Form from a doctor it chooses, or from a Medical referee it chooses, regarding this employee the cost to obtain this Second Form will be reimbursed to a maximum amount of twenty-five dollars ($25.00) by the Company after proof of this expense is supplied to the Company by the employee.

ARTICLE 27- GROUP BENEFITS

27.1 The Company agrees to make the necessary arrangements with a benefits carrier of its choice for the purchase of group employee benefits as specified and designated in this Article.

27.2 All such group benefits made available to employees pursuant to this Article shall be done in strict accordance with the contents of the governing insurance contracts, and all applicable policies and procedures

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of the benefits carrier regarding the administration of these group benefits to employees. In the event of any difference in interpretation of the contents of this Article to the governing insurance contracts and I or the applicable policies and procedures of the benefits carrier, it is agreed that the governing insurance contracts, and the applicable policies and procedures of the benefits carrier shall take precedence.

27.3 The Company reserves its right to change benefits carrier at any time during the term of this Agreement on the specific understanding that the group benefit coverage specified in this Article 27 will not be reduced as a direct result of a change in the benefits carrier by the Company.

27.4 All employee enrollments in the group benefit plans offered are expected to be effective on the first of a month provided first that the employees seeking enrollment have provided to the benefit plan carrier all necessary and requested information for this enrollment to occur by such date.

27.5 First effective December 1, 2002 and thereafter for so long as the employee is employed, the Company will extend to all employees with one (1) or more years of seniority the opportunity to enroll in the existing group Medical, Dental and Life Insurance benefit plans currently provided and administered by Industrial Alliance. It is understood and agreed that the premiums for the Life Insurance coverage shall be 100% paid by the employee.

27.6 First effective April1, 2017 and on a monthly basis thereafter for so long as the employee remains employed and enrolled in the group benefit plans stipulated in Article 27.5, the Company shall contribute for each such enrolled employee a monthly amount not to exceed one hundred and fifty-five dollars ($155.00) which shall be paid directly to the benefits carrier toward the payment of the monthly premium for group Medical and Dental benefit coverage. Effective April 1, 2018 this monthly contribution by the Company shall increase to one hundred and sixty dollars ($160.00) per month; and effective April1, 2019 this monthly contribution shall increase to one hundred and sixty-five dollars ($165.00) per month. If the total monthly premium for this benefit coverage exceeds the monthly amounts specified above contributed by the Company it is understood and agreed it is the responsibility of the employee to pay 100% of the excess premium

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amount on a monthly basis in order to ensure that such group Medical and Dental benefit coverage is maintained in effect. All existing employees as of the effective dates indicated above who are enrolled in the benefit plans specified in Article 27.5, and for whom the existing Company monthly premium contribution is in excess of the amounts listed above shall have the existing higher monthly premium contribution by the Company continue to be made on their behalf for so long as they continue to be employed by the Company and remain enrolled in the applicable benefit plan.

27.7 Consistent with the provisions of Articles 27.5 and 27.6 of this Agreement, first effective the first of the month following ratification of this Agreement and thereafter the Company shall continue its obligation stipulated in this Article for the group benefit coverage for an enrolled employee that is absent from work due to work related illness or injury and for which they are in receipt of benefits from the Workplace Safety and Insurance Board. It is understood and agreed this continued obligation of the Company shall not go beyond a period of twelve (12) months from the initial date of the employees work related illness or injury.

ARTICLE 28- TERM OF AGREEMENT

28.1 This Agreement shall first become effective on March 25, 2017, the date of ratification, and shall remain in full force and effect until the 25th day of March, 2020 and shall continue automatically thereafter for annual periods of one (1) year unless either party notifies the other party in writing as provided for in Article 28.2 hereof of its desire to terminate this Agreement or negotiate revisions thereto. In which case all terms and conditions of this Agreement shall continue to operate until either a new Agreement is signed by the parties, or a lawful strike or lockout has commenced, whichever occurs first.

28.2 Notice to terminate this Agreement or that amendments are required to be made to this Agreement shall be given not less than thirty (30) days or more than ninety (90) days before the termination date of this Agreement. Negotiations shall begin as soon as possible following receipt of such notice.

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In witness whereof the parties have executed this Agreement on this ___ day of , 2017 at Toronto, Ontario

Del's Pastry Limited

-----------~ ·/7 /£lt-----

Bakery, Confectionery, Tobacco Workers & Grain Millers International Union Local264

// //

/ .. ,.( J ( t-

I I /·'....,.~ f:i"~ .. ' ! '·~ ~

n1£~?) ct-11 tJ eh;\{1@ (

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Letter of Understanding #1 -Joint Management- Employee Committee

It is understood that either party may request a meeting to discuss matters not specifically mentioned in the Collective Agreement. These discussions may include but are not limited to:

1. Ongoing business activity levels; 2. Challenges Del's faces in the marketplace and the business strategy to

deal with them; 3. Recognition of employee achievements in the workplace; 4. Continuous Improvement Initiatives under consideration, or in

operation.

Representatives of the Union will be the Business Agent and the Chief Steward, or their designate.

This Letter of Understanding shall expire on the expiration date of the current Collective Agreement.

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