Collective Agreement - sdc.gov.on.ca · Collective Agreement Between: ArcelorMittal Tailored Blanks...

Collective Agreement

Between:

ArcelorMittal Tailored Blanks Concord (“the Employer”)

- and -

United Steel, Paper and Forestry, Rubber, Manufacturing, Allied Industrial and Service Workers

International Union (United Steelworkers) (“the Union”)

Commencing date of ratification: January 28, 2019

Expiry: February 1, 2024

(i)

Table of Contents

ARTICLE 1 – PURPOSE ................................................................................................. 1

ARTICLE 2 – RELATIONSHIP ........................................................................................ 2

ARTICLE 3 - NO DISCRIMINATION ............................................................................... 2

ARTICLE 4 – MANAGEMENT RIGHTS .......................................................................... 3

ARTICLE 5 – UNION DUES, SECURITY AND REPORTING ......................................... 4

ARTICLE 6 – UNION REPRESENTATION AND UNION LEAVE ................................... 5

ARTICLE 7 – HEALTH AND SAFETY............................................................................. 7

ARTICLE 8 – DISCIPLINE AND DISCHARGE ............................................................... 9

ARTICLE 9 – GRIEVANCE PROCEDURE ................................................................... 10

ARTICLE 10 – ARBITRATION ...................................................................................... 11

ARTICLE 11 – SENIORITY ........................................................................................... 13

ARTICLE 12 – CLASSIFICATIONS AND ADVANCEMENT ......................................... 17

ARTICLE 13 – PAID HOLIDAYS ................................................................................... 20

ARTICLE 14 – HOURS OF WORK ............................................................................... 21

ARTICLE 15 – OVERTIME AND REPORTING ALLOWANCE ..................................... 22

ARTICLE 16 – VACATIONS ......................................................................................... 22

ARTICLE 17 - GROUP INSURANCE ............................................................................ 24

ARTICLE 18 – PAID BEREAVEMENT, JURY AND CROWN WITNESS LEAVES ....... 25

ARTICLE 19 – BULLETIN BOARDS ............................................................................. 26

ARTICLE 20 – GENERAL ISSUES ............................................................................... 27

ARTICLE 21 – DURATION ........................................................................................... 28

LETTERS OF UNDERSTANDING…..………………………………………………………30

SCHEDULE "A" - WAGES………………..………………………………………...…….….33

ARTICLE 1 – PURPOSE

1.01 The general purposes of this Agreement are:

(a) to establish mutually satisfactory relations between the Company, the union and its employees that will provide the highest level of service and value to customers;

(b) to encourage a team based work environment with continuous improvement of the facility’s performance and the elimination of waste,

(c) to provide the means for the prompt and equitable disposition of grievances and the collaborative resolution of issues affecting the work place or performance: and

(d) to establish and maintain satisfactory terms and conditions of employment for all employees who are subject to the provisions of this Agreement.

1.02 The Parties recognize that fair working conditions and stable, effective operation as are set out in this agreement contribute to providing quality products to customers. The Parties further recognize that a sound business should strive for a balance of respect for the rights of employees, customers, suppliers, shareholders and the community.

1.03 Subject to the express terms and conditions contained in this Collective Agreement, the Parties will strive to support a workforce which is flexible, efficient and uses employee skills and input to the way work is organized and accomplished. Furthermore, cross-training will be encouraged and attempts will be made to reduce any restrictive divisions of work between jobs.

1.04 The Company, the Union and the Employees are committed to providing a safe and healthy workplace. Everyone will cooperate in this continuing objective.

1.05 Wherever the male gender is used throughout the Articles within this Agreement, it is agreed that the female gender is an acceptable substitute whenever or wherever the feminine gender is applicable.

1.06 Where the singular is used throughout the Articles within this Agreement, it is agreed that the plural is an acceptable substitute whenever or wherever the plural is applicable.

1.07 Where the word “day” is used throughout this agreement as a measure of time it shall mean a calendar day unless otherwise stated.

- 2 -

ARTICLE 2 – RELATIONSHIP

2.01 The Company recognizes the Union as the exclusive bargaining agent of all employees of ArcelorMittal Tailored Blanks in the City of Vaughan and within a radius of fifty (50) kilometers outside the City of Vaughan, save and except supervisors and persons above the rank of supervisor, office, clerical, sales and technical staff (including production control staff).

2.02 Clarity Note: the exclusion of technical staff includes the exclusion of materials planner, I.T. specialist, engineering specialists and other technicians, technologists and engineers but does not include quality assurance technicians or laser technicians.

2.03 In the event the Company is purchased during the life of the agreement, it will provide notice in writing to the Union as soon as reasonably practical.

2.04 The Company and the Union agree that there will be no strikes or lock-outs, as defined by the Ontario Labour Relations Act, 1995, during the life of this collective agreement. The Union will not cause nor condone its members engaging in any concerted activity designed to restrict or limit output. The Company shall have the right to discharge or otherwise discipline for cause employees who are found to be in breach of this Article.

2.05 The Company agrees that persons outside the scope of this agreement will not perform work regularly and routinely performed by bargaining unit members except for training purposes, for experimental or developmental activity, in cases where the company can demonstrate an emergency or to support production due to unusual customer demands where it does not result in a layoff or prevent a recall of a bargaining unit member (unless such layoff or recall would be for one (1) day or less) or reduction of regularly scheduled hours of work of a bargaining unit employee.

2.06 The Company agrees it will not contract out any work regularly and routinely performed by bargaining unit members where that contracting out results in the layoff, prevents the recall of a bargaining unit employee (unless such layoff / recall would be for one (1) day or less) or reduces the regularly scheduled hours of work of a bargaining unit employee.

ARTICLE 3 - NO DISCRIMINATION

3.01 The Company, the employees and the Union agree they all have obligations under and agree to abide by the provisions of the Ontario Human Rights Code which are hereby incorporated by reference.

3.02 The workplace is expected to be free from discrimination with respect to terms or conditions of employment on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same sex partnership status, family status or disability. This includes providing reasonable accommodations for disabilities and for religious holidays and obligations.

- 3 -

3.03 The Employer, the Union and the employees each agree that there will be no discipline, intimidation, discrimination or coercion exercised or practiced by any of them because of an employee’s membership or non-membership in the Union or because of his or her activity or lack of activity in the Union.

ARTICLE 4 – MANAGEMENT RIGHTS

4.01 The Union recognizes that the management of the Company is fixed exclusively in the Company subject to the express provisions of this agreement and all applicable laws and regulations.

4.02 Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline, efficiency and regulatory requirements;

(b) hire, retire, assign, direct, promote, demote, classify, transfer, layoff or recall employees;

(c) for just cause to suspend, discharge or otherwise discipline non-probationary employees subject to the right of these employees to grieve to the extent and manner provided herein if the provisions of this Agreement are violated in the exercise of these rights;

(d) to suspend, discharge or otherwise discipline probationary employees subject only to the right of the employee to grieve that a discharge was done in bad faith, arbitrary or discriminatory manner or in breach of legislation;

(e) determine the nature and kind of business conducted by the Employer, the methods and techniques of work, the schedules of work, number of personnel to be employed, to make studies of and to institute changes in jobs and job assignments and job classifications (subject to the Union’s right to grieve the wage rate where a new classification is created), the extension, limitation, curtailment or cessation of operations and to determine all other functions and prerogatives here before invested in and exercised by the Employer which shall remain solely with the Employer.

(f) to determine in the interest of efficient operations and the highest standards of service: classifications, hours of work, assignments, methods of doing work, job content and the scope of services to be provided;

(g) make and enforce and alter from time to time reasonable rules and regulations to be observed by the employees;

(h) have the sole and exclusive jurisdiction over all operations, buildings, facilities and equipment; and/or

- 4 -

(i) subject to any express limits of the collective agreement herein, to introduce new or modified production and variable compensation standards.

ARTICLE 5 – UNION DUES, SECURITY AND REPORTING

5.01 The Company will deduct Union dues including, where applicable, initiation fees and assessments, on a bi-weekly basis, from the wages of each employee covered by this agreement. The amount of dues will be calculated in accordance with the Union’s Constitution, which will be provided where requested by Human Resources in writing.

5.02 All dues, initiation fees and assessments will be remitted to the Union forthwith and in any event no later than 15 days following the last day of the month in which the remittance was deducted. The remittance will be sent to the International Secretary treasurer of the United Steelworkers of America, AFL-CIO-CLC, P.O. 9083, Commerce Court Postal Station, Toronto, Ontario M5L 1K1 by cheque or in such other form as is agreed upon by the Union and the Company along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office designated by the Area Coordinator.

5.03 The remittance and the R-115 form will be accompanied by a statement containing the following information:

(a) A list of the names of all bargaining unit employees from whom dues were deducted and the amount of dues deducted;

(b) A list of the names of all bargaining unit employees from whom no deductions have been made and reasons.

5.04 The Union will indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any actions taken by the Company in compliance with this article.

5.05 Personal Information- It is understood the Employer will seek consents from employees under the Personal Information Protection and Electronic Documents Act to allow it to use, collect, retain and disclose information as required for the management of the employment relationship. For clarity, it is clearly understood that the Personal Information Protection and Electronic Documents Act in no way prevents the employer from using, collecting, retaining and disclosing information as required for the management of the employment relationship and the refusal of an employee to consent in no way prevents the Employer from using, collecting and retaining and disclosing information as required for management of the employment relationship. However, where an employee refuses to consent or withdraws consent, it is understood that he or she may not be able to receive health care benefits where the Insurer refuses, in writing, to insure the employee without such personal information.

- 5 -

ARTICLE 6 – UNION REPRESENTATION AND UNION LEAVE

6.01 The Company recognizes the right of the Union to elect, select or appoint all Authorized Union Representatives. A Unit Chairperson will be the principal Union Officer for the entire bargaining unit. The Unit Chairperson will be an ex-officio member of any committee established between the Parties.

6.02 The Unit Chairperson cannot be laid-off, except in the event of a complete plant closure or layoff, complete plant lay-off or where there is a shutdown requiring only maintenance employees. The Chairperson will be assigned any meaningful work within their capability.

6.03 The Company recognizes a Health and Safety/ WSIB Chairperson who will be the Authorized Union Representative for both Health and Safety and WSIB.

6.04 The Health and Safety/Workers Compensation Chairperson cannot be laid-off, except in the event of a complete plant closure or layoff, complete plant lay-off or where there is a shutdown requiring only maintenance employees. The Health and Safety/Workers Compensation Chairperson will be assigned any meaningful work within their capability.

6.05 The Company recognizes the right of the Union to select or appoint Shop Stewards to represent employees covered by this Collective Agreement. The Company will not be required to recognize more than one Steward on any shift, except for the recognition of one alternate Shop Steward in situations where the incumbent Shop Steward is absent. In the event there are in excess of forty (40) employees per shift then the Company agrees to recognize two (2) Stewards.

6.06 The Company will not be required to recognize any Representative (Steward, Unit Chairperson, Health and Safety) until it has been notified, in writing and at least twenty four (24) hours in advance, of the names of the persons and the positions held.

6.07 If a Union Representative who is not employed by the Company wishes to speak to a Union Officer in the plant he may do so by first obtaining permission from Human Resources Manager, Plant Manager or designate acknowledging an awareness of the Company Health and Safety rules and arranging to speak with that person while on a break or otherwise entitled to be away from work,. Such a request will not be unreasonably withheld.

6.08 The Company agrees to recognize the Local Union President as if he or she was a Union Staff Representative under this agreement. The union agrees that the Company will not be required to recognize anyone who remains employed by any other company that might have an interest in any of the proprietary information of ArcelorMittal Tailored Blanks.

6.09 Stewards, the Health and Safety Representative and the Unit Chair will be permitted to leave their regular duties during working hours where this is necessary to address an issue that cannot be addressed outside of working

- 6 -

hours or where the employer requests that they attend at a meeting. These persons must first obtain permission of management, indicating the reason for the request and ensuring that arrangements are made to prevent any work flow disruption. In these circumstances such permission will not be unreasonably withheld and there will be no loss of regular pay (not including any overtime nor resulting in overtime),

6.10 Subject to operational requirements, up to one (1) employee who has been selected or elected to work in a paid full time official capacity for the Local or International Union will be entitled to an unpaid leave of absence for up to three (3) leaves in a year. Such leave will not be unreasonably withheld. The Union will advise the Company, in writing, thirty (30) days before the leave is to commence, stating the date of commencement and expected duration of such leave. The employee must provide at least ten (10) working days notice of return.

6.11 Employees taking leave of absence under this article will have the right to return to their previous position (at the prevailing rate of pay) or in the event of an intervening lay-off or restructuring, to such other position within the bargaining unit as long as they are qualified to perform the duties of the job. Although these absences are unpaid, where the Union requests the Company agrees to continue the pay and all benefit or pension contributions of any employees absent from work due to leave of absence. The Union will reimburse the Company within 30 days of receipt of a monthly invoice from the Company for the gross pay (based on regular hours work without overtime) and all benefit or pension contributions required by the employee. If the union does not reimburse in this time then the company will place the employee and the union on notice that all continuation of pay and benefits will cease within two (2) weeks if the amount is not paid in full. In such cases the benefits will continue for up to a further three (3) months so long as the employee or the union pays the required premiums to the Company in a timely fashion.

6.12 Subject to its operational requirements which will not be unreasonably withheld, the Company will grant unpaid leave to up to 2 employees at any one time designated by the Union to attend educational seminars, conventions and conferences of the Union under the following conditions:

(a) That there has been a written request from the Union stating the names of the Union delegates for whom this leave was requested, the date, duration and purpose of the leave; and

(b) that such request was made at least ten (10) working days in advance and longer where practicable (i.e. Steward training).

6.13 An employee who is on an approved absence under this Article will continue to accumulate his/her seniority during his/her absence.

6.14 For the purpose of meeting with Company representatives to negotiate a next collective agreement, the Company shall recognize up to (3) three employees

- 7 -

as the Union Negotiating Committee and shall provide release time from work where at least five days notice is given to the employee’s Supervisor. The Company will maintain pay and benefits for these (3) three employees for up to four (4) days each. Thereafter (up to the issuance of a no-board report) the Company will maintain pay and benefits where requested by the Union and will be reimbursed by the Union.

6.15 The Union will notify the Company in writing of the names of the employees on the Negotiating Committee.

ARTICLE 7 – HEALTH AND SAFETY

7.01 The Company will make reasonable provision for the safety and health of its employees during the hours of their employment.

7.02 It is agreed that the Occupational Health and Safety Act as may be amended and its regulations as well as the industrial regulations, governs this workplace. The Company, the Union and the employees agree to abide by those provisions or such greater right or benefit contained in this agreement.

7.03 The Joint Health & Safety Committee will consist of 6 regular members, 3 appointed by the Union and 3 appointed by the Company. The Committee will have two Co-Chairs, one appointed by the Company and one appointed by the Union.

7.04 The Union Committee members must commit to attending to scheduled JHSC Meetings as scheduled and posted on the Health & Safety Board unless a committee member advises the committee of their inability to attend at least twenty-four (24) hours before a scheduled meeting.

7.05 The members of the health and safety committee will be allowed one (1) hour of time to caucus prior to meetings of the Joint Health and Safety Committee.

7.06 Provided the Worker’s Health and Safety Centre is competitively priced, all educational courses will be delivered by the Worker’s Health and Safety Centre, unless the Worker’s Health and Safety Centre is not capable or willing to provide such training. In such cases, the Joint Committee will agree on a service provider. This does not include operational education such as forklift or machine operation.

Hazardous Substances

7.07 The Company will maintain MSD sheets for all materials, agents or chemicals introduced into the workplace environment and these will be available for review by the Joint Health and Safety Committee. Where consideration is given to the introduction of any new material, agent or chemical or where such has been brought urgently or inadvertently into the production operation, this will be brought to the JHSC for review.

- 8 -

7.08 It is agreed that minimizing the use of and exposure to hazardous substances in the workplace is preferred. Where practicable, substitution or elimination of use or exposure to any identified hazardous substance will be a goal.

7.09 No worker will be assigned to a job without safety training and personal protective equipment, applicable to such job.

7.10 Where the joint health and safety committee identifies a health and safety issue and the company concurs with the recommendation, the company will establish a timeline for remedying the concern.

7.11 A union member of the JHSC will participate in any investigation(s) in the workplace in any of the following circumstances:

(a) All lost time accidents under the WSIA

(b) All near misses and incidents where an accident has occurred with demonstrated potential for serious injury.

(c) Fatalities

Workplace Safety and Insurance

7.12 The Company will provide the Union with a copy of the Company’s report of injury or disease (Form 7) where this is submitted to the Workplace Safety & Insurance Board (WSIB).

Personal Protective

7.13 Where employees are required to wear Employer approved safety footwear they will be provided with reimbursement per calendar year upon provision of a receipt. Reimbursement will be up to one hundred and eighty ($180.00) dollars effective February 2, 2019, and two hundred ($200.00) dollars effective February 2, 2021.

7.14 The Employer will provide employees with all other personal protective equipment it requires employees to wear (i.e.. safety glasses, material handling gloves, arm guards, welding gloves, face shields and hearing protection) which will be used and cared for by the employees.

7.15 SAFE AND EARLY RETURN TO WORK PROGRAM

7.16 The Employer, the Union, the Joint Health and Safety Committee and any affected employee all have obligations to participate in developing Safe and Early Return to Work program. In keeping with this, it is agreed that every reasonable effort will be made to provide suitable employment to any employee unable to perform his or her regular duties as a result of a workplace injury or occupational illness or disease.

7.17 Work which will be provided as part of an early and safe return to work will be productive, safe and meaningful and will always be within the worker’s

- 9 -

functional abilities based upon medical restrictions. Every return to work will be reviewed as an individual circumstance based upon the available accommodations and the functional abilities of the injured worker and it is understood that as part of a request for modified duties an employee must provide a completed functional abilities form from his or her physician to human resources.

7.18 The injured worker shall retain all rights and benefits as outlined in the Collective Labour Agreement while participating in the return to work program.

7.19 Where a return to work program has been developed and an employee is returning to work on a program, the Union Shift Member of the Joint Health and Safety Committee will receive a written notice describing the employee’s limitations and the program including its expected duration, any impact on the injured worker’s hours of work, the injured worker’s schedule or other non-visible modifications.

7.20 In the event that the Union JHSC Shift Member has concerns about the safety of the return to work program or changes in an injured workers condition or duties, he or she may request a meeting to discuss this and such meeting will be held forthwith. The injured worker will be advised that the Union JHSC Shift Member has this information and will be informed that he or she may speak with this individual and human resources about his or her ability to perform the modified duties as assigned.

7.21 The Union JHSC Shift Member and Co-Chair agree and understand that all employee medical information is personal and private information and may not be disclosed to him or her.

ARTICLE 8 – DISCIPLINE AND DISCHARGE

8.01 The Company will provide the employee and a Shop Steward a copy of all written discipline. All discipline must be meted out in the presence of a Shop Steward unless an employee expressly waives this right in writing in the presence of the steward.

8.02 No suspension against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is more than eighteen (18) months old. No verbal or written warnings against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is more than fifteen (15) months old.

8.03 Suspensions or discharges will be filed at Step 3 of the Grievance Procedure.

8.04 Discipline or discharge of a probationary employee, is not subject to the grievance or arbitration procedure, except where it is alleged that the Employer’s action was arbitrary, discriminatory or in bad faith or was in breach of a statutory right under Employment Standards Act, Occupational Health and Safety Act or the Ontario Human Rights Code. This constitutes a

- 10 -

lesser standard for the purposes of the Ontario Labour Relations Act. It is understood that probationary employees may be hired as support for the regular workforce and they may be discharged based on work levels or requirements.

ARTICLE 9 – GRIEVANCE PROCEDURE

9.01 It is the mutual desire of the parties that workplace complaints be addressed as quickly as possible and it is generally understood that an employee has no grievance until he has first given his Supervisor an opportunity of addressing his complaint prior to pursuing a grievance under section 9.02. The employee may request a Shop Steward attend at this discussion.

9.02 A grievance arising under this Agreement will be addressed without undue delay and without loss of pay as follows:

Step One:

(a) An employee, either directly or through the union and with the Union ‘s agreement, will file a written grievance with his immediate Supervisor, or in his absence his designate, within three (3) working days of the employee’s discussion with his Supervisor. The Supervisor, or in his absence his designate, will provide the employee and Steward with a written reply to the grievance. The written response will be provided within five (5) working days.

(b) It is agreed that grievances are best resolved where both the Union and the Company fully understand the nature of the complaint. In furtherance of this, the Union will make its best efforts to ensure: 1. a grievance will identify all the affected employees who are seeking a remedy; and 2. A separate document will provide an outline of the events giving rise to the grievance (with dates and names where applicable) which the Parties agree will not be admissible in any proceedings; and 3. the remedy requested will be disclosed at the first meeting of the Parties. Failure to comply with this section will not result in a procedural bar at arbitration.

Step Two:

Failing resolution of the grievance at Step One, the Steward may, within three (3) working days of receipt of the reply from Step One, refer such grievance to the Area Manager or designate. The Area Manager, or designate, will meet with the grievor and at his or her request a Steward, within five (5) working days and attempt to settle the grievance. The Area Manager or designate, will provide the employee, and Steward with a written reply to the grievance within five (5) working days of such meeting.

- 11 -

Step Three:

In the event the grievance is not settled at Step 1 or Step 2, the Union may refer the grievance to the Human Resources Manager within five working days of the receipt of the written decision from Step two. The Human Resources Manager, or designate, will arrange a meeting to take place within five (5) working days of the referral. The grievor will attend at such meeting without loss of pay if called upon by either the Company or the Union. A Staff Representative of the Union may be present if requested by either party. The Human Resources Manager, or designate, will provide the Steward with a written reply to the grievance within five (5) working days of such meeting.

9.03 Where the employer has a grievance it will file it with the Staff Representative and a meeting will be held within ten (10) days. The Staff Representative will provide a written reply within ten (10) days following the meeting. Failing settlement, that grievance may proceed to arbitration as outlined below in section 9.04 and 10.01.

9.04 If the grievance is not accepted, settled or withdrawn in the first three (3) steps, then either party may refer the grievance to Arbitration.

9.05 It is the intent of the parties that all grievances will be dealt with promptly and that there will be certainty. Therefore any grievance that is not referred to arbitration within thirty (30) days following the written reply at Step 3 will be deemed abandoned.

9.06 All signed settlements arrived at between the Company and the Union will be final and binding upon the Company, the Union, and the employee or employees concerned.

9.07 Time limits in this agreement may be extended by agreement of the parties which agreement shall not be unreasonably withheld where requested in advance of the time limit. In the event the Company fails to meet or respond within the time limits provided, the grievance will be deemed to have been properly advanced to the next step.

9.08 The Union and/or the Company will have the right to file a Group or Policy Grievance within five (5) working days of the date of the incident coming to the attention of either party. A Group or Policy Grievance concerning the application, interpretation, operation or alleged violation of the Collective Agreement or any grievance which affects a number of employees or a matter arising directly between the Union and the Company will be filed at Step three of the Grievance Procedure.

ARTICLE 10 – ARBITRATION

10.01 A grievance (which has not been accepted, settled or abandoned) may be referred to arbitration under Article 9.05.

10.02 Any matter referred to arbitration, as provided in 10.01 hereof, shall be submitted to a single arbitrator selected from the following list:

- 12 -

Jules Bloch 60 Jackman Avenue Toronto ON M4K 2X6 Peter Chauvin 11 Guildcrest Drive Toronto ON M51E 1E2 Randy Levinson 58 Cumming Court Ancaster ON L9G 1V3 Paula S. Knopf 4 Biggar Avenue Toronto ON M6H 2N4 Larry Steinburg 34 Eglinton Avenue West Suite 152 Toronto ON M4R 2H6 Robert Herman 729 Briar Hill Avenue Toronto ON M6B 1L6 (a) If, during the life of this Agreement, one of the arbitrators named in

10.02 hereof withdraws from the list, the parties shall appoint a replacement by mutual agreement in writing.

(b) The arbitrators shall act singly, and in order of rotation, with respect to each successive grievance that is referred to arbitration. Should any arbitrator be unable to hear a grievance within sixty (60) calendar days after the grievance has been referred to him, then he/she shall be passed over to the next in line.

10.03 The Arbitrator will hear and determine the grievance and his or her decision will be final and binding on the parties hereto and the employees affected. The Arbitrator shall not have the power to alter, amend, modify, delete, or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions nor give any decision inconsistent with the terms and provisions of this Agreement.

10.04 The cost of the Arbitrator will be shared equally by both parties.

Mediation Process

(a) Once a matter has been referred to Arbitration the Parties may agree to adjourn and refer the matter / matters to non-binding mediation.

(b) The Mediator will be one of Bill Davis, Janice Johnston, Jules Bloch, Stephen Raymond or such other person as may be agreed upon by the parties.

- 13 -

(c) Proceedings before the mediator shall be informal in nature, and no record of the proceedings shall be made.

(d) The mediator shall have the authority to meet separately with any person or persons but, unless the parties agree in writing to a mediation-arbitration, will not have the authority to compel resolution of the dispute.

(e) If no resolution is reached during the mediation conference, the mediator shall provide the parties with an immediate oral advisory opinion which shall be non-binding, will not be publicly communicated and cannot be referred to in any subsequent arbitration hearing concerning the dispute.

(f) The costs of the mediation shall be borne equally by the Union and the Company.

ARTICLE 11 – SENIORITY

11.01

(a) The parties recognize that job opportunity and security will increase in proportion to length of service. It is therefore agreed that in cases of vacancy, lay-off and recall after lay-off the senior employee will be entitled to preference as defined in this agreement.

(b) In recognition, however, of the responsibility of the Company for the efficient operation of the Company’s business, it is understood and agreed that in all cases referred to in paragraph (a) above, management will have the right to pass over any employee if it is established by the Company that the employee does not have the skill and ability to perform the requirements of the job following a familiarization period of ten (10) working days.

(c) Paragraph (b) above is modified with respect to the following job classifications: Shipper/Receiver, Quality Technician, Certified Quality Technician, Millwrights and Electricians and Process Technicians. For the job classifications listed herein, it is agreed that where two or more persons have relatively equal skill, ability and qualifications to perform the required jobs, then the most senior will be offered the position.

11.01 Seniority shall mean the length of service with the Company from the date of last hiring by the Company except as limited or varied by the language below and shall be recorded on a plant wide basis. Seniority will be maintained and accumulated unless it is lost or limited by the language of this agreement

11.02 An employee will be considered as a probationary employee without seniority status until he or she has worked for a total of six (6) months or for such longer period up to one (1) year if hired to replace an employee on pregnancy

- 14 -

or parental leave or LTD. Upon passing probation, an employee will be granted seniority back to the date of hire.

11.03 For the purpose of determining seniority for employees hired on the same day, seniority will be determined by lot drawn or coin toss in the presence of a union representative.

11.04 Seniority will be lost and employment terminated where an employee:

(a) voluntarily quits; or

(b) retires; or

(c) is discharged for just cause and is not reinstated pursuant in accordance with the provisions of this Agreement; or

(d) fails to return to work on the expected date of return from a leave of absence except where a reasonable excuse is provided in advance of the expiration of the leave or where a reasonable explanation is provided for both the inability to seek an extension in advance and for the extension; or

(e) uses a leave of absence for reasons other than that for which the leave was granted (i.e.. works for another employer in excess of any hours regularly worked elsewhere without authorization while on a leave of absence); or

(f) is recalled and refuses the recall, foregoes recall rights or is recalled and does not return to work within five (5) calendar days of the notice of recall being sent by courier to his or her last provided address. An employee who provides a reasonable explanation for unavailability within the five (5) days will be given an extension of up to three (3) additional days to report; or

(g) is absent from work without leave on any single occasion for three (3) consecutive scheduled working days where there is no medical reason which would have given rise to both the inability to attend at work and the ability to provide notice; or

(h) is laid off for a period of in excess of eighteen (18) months; or

(i) is on LTD for in excess of twenty-four (24) months and does not have a reasonable prognosis for a return to work in the near future.

11.05 Where an employee covered by this Agreement is promoted to a permanent Supervisory position beyond the scope of this Agreement and is within three (3) months of the promotion placed back in a position within the scope of this Agreement, it is understood that he or she shall not have accumulated seniority while serving in such a Supervisory capacity and an adjustment will be made to the seniority date upon return.

- 15 -

11.06 In the event that an employee is asked to and agrees to act as a temporary supervisor, he or she will be outside of the bargaining unit. A temporary supervisor position shall only be used to replace a Supervisor on vacation, leave, pregnancy, parental leave, WSIB or LTD in which case it may be for up to twelve (12) months. On return to the bargaining unit, the employee will be credited with seniority equal to the time spent outside of the unit.

11.07 It shall be the duty of each employee to notify the Company promptly of any change in address and/or telephone numbers. If an employee fails to do this, neither the Company nor the Union will be responsible for failure of a notice to reach such employee.

Seniority Lists and Employee Lists

11.08 For the purposes of this Agreement:

(a) a "seniority list" is a list including employee name, amount of seniority measured in accordance with this Agreement

(b) an "employee list" is a list which, in addition to the information contained on a seniority list, includes for each employee: address, postal code, home telephone number including area code, Social Insurance Number, and classification.

11.09 It is the employee's responsibility to inform, in writing, the Company and the Union of his/her address, postal code, home telephone number including area code and Social Insurance Number. The employee list will be prepared in alphabetical order by surname.

11.10 The seniority lists and employee lists will be updated in February and August of each year by the Company and each updated list promptly will be provided to the Unit Chairperson or such other representatives as designated by the Union; and only the seniority list will be made available to employees covered by this Agreement on the request of such employees attending at Company offices during regular business hours.

11.11 The seniority list may be corrected at any time upon the written request of an employee, addressed to the Company and the Union. If the Company and Union agree to correct the seniority lists, or if through an arbitration award the seniority lists are corrected at an employee's request, the correction will be effective only from the date of the agreement or the arbitration award.

Layoff

11.12 The Employer will provide all notice, pay in lieu of notice and/or severance required under the Employment Standards Act in the event of a layoff. The Employer will give four (4) days notice of any layoff of a seniority rated employee expected to last more than five (5) working days to the affected employees and to the Union.

- 16 -

11.13 Should it become necessary to reduce the workforce, probationary employees will be laid off first.

11.14 All other employees are subject to layoff in reverse order of seniority having regard to the Company’s right to maintain a competent workforce subject to Article 11.01. Affected employees with greater seniority and in an equal or higher rated classifications may displace a junior employee in an equal or lower rated classification where they have the ability to perform the work required. Any notice provided to the senior employee will be deemed notice to those junior.

Voluntary Layoff

11.15 An employee who has not received a notice of layoff may make an offer of voluntary layoff where there is another employee who has received notice of layoff. If such request is made before the layoff has become effective and is acceptable to the Employer, the Employer will substitute this employee for the employee on notice of layoff.

Recall

11.16 Employees who are laid off shall be placed on a recall list and shall accrue seniority for up to fifty two (52) weeks.

11.17 Where the Employer determines that it needs to recall, employees laid off shall be recalled in reverse order of layoff subject to the Company’s right to maintain a competent workforce and subject to Article 11.01.

11.18 An employee and the Employer may agree during the recall period to elect to terminate the employment relationship and the employee would receive any severance to which he or she is entitled. The employee will then be removed from the recall list and the Employer shall have no further obligation with respect to this employee.

11.19 Notice of recall shall be sent by courier to the employee’s last known address and shall be deemed delivered on the following business day. It shall be the employee’s responsibility to keep the Employer advised of his/her current address at all times.

Postings

11.20 Where the Employer determines that there is a vacancy in a classification this will be posted for seven days. All temporary vacancies will be filled in accordance with 11.22.

11.21 Where no employee successfully posts to any position in accordance with Article 11.01, it is understood that the Employer may fill the position externally.

- 17 -

Temporary Postings and Transfers

11.22 Where the Employer requires an employee to temporarily act in a higher rated classification for a period it expects will be in excess of sixty (60) days, it will post this opportunity for three (3) days and will select the applicant subject to Article 11.01. Temporary vacancies of any shorter duration will be assigned by the Employer, subject to Article 11.01 as a temporary transfer.

11.23 Employees who post or are transferred to a higher rated classification under 11.22 will be paid at the rate of the higher rated classification for all hours worked in the classification. Where a temporary transfer made for the convenience of the Company is to a lower rated classification then the employee will maintain his or her current rate of pay. Notwithstanding this language addressing work of a higher classification, in any case where an employee is training in a classification and is not yet signed off on the role, they will maintain their regular rate. Where a training plan is created for a position, the Union Chair will be provided with a copy.

New Classifications

11.24 The Company agrees to negotiate a rate of pay for any new classification that does not fall within the existing classifications or where there has been such a substantial change within one of the classifications so as to have the effect of creating a new position. Such negotiation will occur prior to the new rate being installed and, if the parties are unable to agree on a rate then the company may institute its proposed rate and the Union may grieve that such a rate is not reflective of the work required based on related or similar jobs and having regard to similar or related jobs within the Employer.

ARTICLE 12 – CLASSIFICATIONS AND ADVANCEMENT

Classifications

12.01 The Employer has the following classifications by department:

Direct Production Production Associate Production Operator Advanced Production Operator Production Support Material Handler Shipper & Receiver Quality Quality Technician Quality Technician - Certified

- 18 -

Maintenance Millwright Electrician Process Technician

Progression Within Classifications / Departments

Production Associate

12.02 An employee hired as a Production Associate will commence at a probationary rate and then progress on the completion of probation to the job rate. After twelve months post probation, the Production Associates will be appointed to the Production Operator classification at the start rate. This movement through the scale is provided to reflect the advanced process knowledge that Production Associates are expected to develop during this time including working independently on at least 3 cells. Where a Production Associate has been trained on a process, duty, task or cell, he or she is expected to maintain that skill.

Production Operator

12.03 The Production Operator will commence at the start rate and is expected to develop the skill and ability to work independently, performing set ups and operating all cells except the ‘cut to length’ line. Production Operators are expected to develop this skill set within a twelve (12) month period and will then move to job rate. As with a Production Associate, where a Production Operator has been trained on a process, duty, task or cell, he or she is expected to maintain that skill.

Advanced Production Operator

12.04 Where the Employer requires Advanced Production Operators it will post the position and the most senior Production Operator with the skill and ability to perform the position will be appointed. Advanced Production Operators shall perform all the duties and have all the responsibilities of the Production Operator and shall also work on the ‘cut to length’ line. In addition to operating the cut to length line, Advanced Production Operators will have the skill, ability and qualifications including licences to operate a forklift and the overhead crane. As with a Production Operator, where an Advanced Production Operator has been trained on a process, duty, task or cell, he or she is expected to maintain that skill.

12.05 Having regard to the need to operate and the different skill sets, the Employer will strive to ensure fair rotation within a shift and will strive to ensure that there are opportunities to operate on each machine within the Production Operator skill matrix. The Production Operator skill matrix will posted and updated as required.

- 19 -

Shipping / Receiving / Material Handling

12.06 Where the Employer requires a Material Handler, it will post that position. The most senior Operator or Associate applicant with the skill and ability will be appointed to the position.

12.07 Where the Employer requires a Shipper / Receiver it will post that position. Where there are two or more candidates for a position then the Employer will make an assessment of their respective skill, ability and qualifications. Where two or more persons are relatively equal with respect to these four factors, then seniority will be used as the determining factor.

Quality Department

12.08 The Employer will post any Quality Department positions. Where there are two or more candidates for a position then the Employer will make an assessment of their respective skill, ability and qualifications. Where two or more persons are relatively equal with respect to these four factors, then seniority will be used as the determining factor.

12.09 Where the Employer has an employee employed as a Quality Technician, this person may choose to seek accreditation as a Quality Technician - Certified and upon achieving an accreditation recognized by the Employer will automatically progress to that job title and rate.

12.10 It is understood that the Employer may choose to hire only with Accreditation. Despite this right, the existing employees within the Quality Inspector classification on the date of ratification of the first collective agreement will continue in this role unless their employment relationship is severed in accordance with this agreement.

Maintenance

12.11 The Employer will post any Maintenance Department positions. Where there are two or more candidates for a position then the Employer will make an assessment of their respective skill, ability and qualifications. Where two or more persons are relatively equal with respect to these four factors, then seniority will be used as the determining factor.

12.12 An employee hired to work as a licensed trade (e.g. Millwright, Electrician) will commence at the probationary rate and then progress upwards through the salary scale in Appendix “A”. This movement through the scale is provided to reflect the advanced knowledge of the operation that maintenance employees are expected to develop during this time.

12.13 In the event that the employer decided to hire and apprentice trade then the Union and the Employer will meet to establish an appropriate wage scale in accordance with the Ministry guidelines.

- 20 -

Process Technicians

12.14 An employee hired as a Process Technician will commence at the probationary rate and then progress upwards through the salary scale in Appendix “A” upon attaining seniority and again on the first anniversary of the completion of probation.

It is understood that all classifications outlined in 12.01 are or may be required to perform duties related to set ups and change over duties.

ARTICLE 13 – PAID HOLIDAYS

13.01 The following will be recognized as paid holidays and employees will receive holiday pay for these days:

New Year’s Day

Good Friday

Family Day

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Eve

Christmas Day

Boxing Day

13.02 Each employee is also entitled to 3 paid Floater days to be used in each calendar year or forfeited.

13.03 All employees are eligible for holiday pay if he/she worked his/her regularly scheduled day before and after the holiday or worked on the holiday.

13.04 In order to qualify for premium pay and/or holiday pay, employees must work their last regularly scheduled day of work before and their first regularly scheduled day of work after the holiday, unless:

(a) absent on vacation or an approved leave of absence;

(b) absent on either of those days and such absence is authorized by the Employer based on a medical certificate issued on the day of the

- 21 -

absence by a qualified physician which is submitted to the Employer on the day the employee returns to work.

(c) absent due to an emergency situation related to the employee or an immediate family member that arose on short notice and could not be addressed outside of working hours and provides such reasonable proof as may be required.

13.05 An employee will be allocated an additional day off with pay or pay in lieu if a statutory holiday falls within his annual vacation. The additional day off will be scheduled by mutual agreement.

13.06 An employee who is required to work on a paid holiday will receive time and one half of his / her regular pay for all hours worked and will also be paid holiday pay.

ARTICLE 14 – HOURS OF WORK

14.01 The purpose of this article is to define the hours of work and provide the basis for the calculation of overtime premium payments. It shall in no way be construed as a guarantee of hours of work per day or per week, or of days of work per week. As specifically reserved in Article 4 of this agreement, the number of hours to be worked per day or per week are solely and exclusively the prerogative of the Company, subject to any other provision of this Agreement.

14.02 The regular work-week for a full time employee will be Monday to Friday (5) consecutive days and a regular work day will be eight (8) hours.

14.03 The regular starting time for day shift is 7:00 am. The regular starting time for afternoon shift is 3:00 pm. The regular starting time for night shift is 11:00 pm.

14.04 The Company will post a schedule of its work requirements for its fixed shifts and run a shift selection by seniority. Thereafter the Employer will provide for an annual shift selection which will be subject to the maintenance of an efficient mix of skill and ability for production requirements. This shift selection process will occur during the month of January and any employees affected as a result of this process will be provided 2 weeks notice of shift change. The initial shift selection process will occur within 4 weeks of ratification of the collective bargaining agreement and all employees will be provided with at least 4 weeks of notice of their new shift.

14.05 Shift selections, subject to the legitimate and bona-fide business reasons of the Company, will be in accordance with seniority by classification. Employee transfers between shifts are subject to company approval which will not be unreasonably denied.

14.06 There will be two (2) ten (10) minute paid breaks in each eight (8) hour workday. There will also be one (1) twenty (20) minute paid lunch period. It is agreed that this provides a greater right or benefit and, in the event that

- 22 -

there is a change to the lunch break to make it thirty (30) minutes then it is agreed that ten (10) minutes will be unpaid and the duration of the shift will be extended by those ten (10) minutes. A similar pattern of breaks will be provided during overtime. Where an employee’s working time exceeds ten (10) hours in a day he or she will be entitled to a further lunch break of thirty (30) minutes.

ARTICLE 15 – OVERTIME AND REPORTING ALLOWANCE

15.01 Overtime is paid at the rate of time and one half (1 ½ ) the employee’s hourly rate for all work performed in excess of eight (8) hours per day and forty (40) hours per week. Where an employee works on a Sunday (regardless of the hours he or she has worked in the week and with the exception of the night shift which commences on a Sunday night), he shall receive overtime pay at the rate of double the employee’s hourly rate for all work performed on that day.

15.02 Save and except where there are emergency situations, employees who report as usual for their regular shift when the Company fails to notify them not to report and there is no work for them shall be paid a minimum of four (4) hours at their regular hourly rate.

15.03 An employee who is called-in to work outside his regular scheduled shift and not in conjunction with his regularly scheduled shift will be guaranteed a minimum of four hours of work or pay in lieu thereof at the applicable rate.

15.04 Overtime opportunities will be distributed as equally as practical among employees within the classification and shift. The Company will maintain overtime records and a list of those employees willing to voluntarily perform overtime and, in the equalization, only an employee on the overtime list will be offered overtime. At the end of each three month period, commencing April 1st, the Company will provide and post an overtime standing report of hours offered and hours worked by shift and classification. Employees and the Union will identify where they believe that report is incorrect and will identify where employees are out of equalization and ought be offered greater opportunity.

15.05 Where no employee is willing to work overtime then the most junior qualified employees may be assigned overtime up to a cumulative maximum of forty eight (48) hours worked per week.

ARTICLE 16 – VACATIONS

Entitlement

16.01 Vacation pay and vacation time are earned benefits. Vacation pay is based on total earnings.

- 23 -

16.02 The actual entitlement that may be earned is based on the employee’s completed years of service and will increase at the beginning of the year in which the anniversary of his or her hire date falls:

LENGTH OF SERVICE LENGTH OF VACATION VACATION PAY %

Less than 3 completed years

8 hours for each full and completed month, to a maximum of 80 hours

4% of total earnings.

3 years 12 hours for each full and completed month, to a maximum of 120 hours

6% of total earnings





16.03 Employee will be advanced annual vacation against expected earnings and

adjustments will be made at the commencement of the next vacation year. If an employee takes vacation which he or she has not earned and his or her employment ends, the Employer will withhold the difference from any wages owed or owing.

16.04 Vacation pay will be paid on the employee’s normal pay-day during the period in which the employee actually takes vacation.

16.05 An employee on vacation who becomes incapacitated due to illness or an accident may notify the Company of such vacation notification and postpone vacation days remaining after such information commences.

Vacation Scheduling

16.06 Vacations which are booked during the vacation scheduling period (January 1 to March 30) will be scheduled by seniority. Vacation which is not scheduled during the vacation scheduling period is booked on a first come first served basis without reference to seniority. Vacation must be booked in one or two week blocks and up to one (1) week of vacation may be requested by the employee as single vacation days. All vacation time must be approved by the company and is subject to operational considerations and limitations and the employee will be notified within one week of their vacation request.

16.07 If a shutdown is planned, employees will be given notice of the dates set as soon as practical following confirmation. Employees who have already used or scheduled all available vacation may be required to take an unpaid lay-off.

- 24 -

ARTICLE 17 - GROUP INSURANCE

17.01 The Employer will maintain its existing group insurance benefits program. The Core Group Benefits are:

• Basic Life Insurance

• Basic Accidental Death & Dismemberment

• Dependent Life Insurance

• Short Term Disability (Weekly Indemnity)

• Long Term Disability

• Critical Illness Insurance

• Extended Health Care

• Dental

17.02 The Optional Group Benefits are:

• Optional Employee and/or Spousal Life Insurance

• Optional Employee and/or Spousal Accidental Death and Dismemberment

17.03 The Company will pay 100% of the premium for Basic Life Insurance, Basic Accidental Death & Dismemberment, Dependent Life Insurance, Short Term Disability, Critical Illness Insurance, Extended Health Care and Dental benefits. The Employee will pay the premium for Long Term Disability and any Optional Life Insurance or AD and D premiums.

17.04 The Company will make available to all employees a benefit handbook or benefit descriptions outlining qualifications, eligibility, limitations and entitlements.

17.05 It is understood that the Employer may at any time substitute another carrier for any Plan (other than OHIP) provided the insurance benefits conferred by this collective agreement are not in total decreased. Before making such a substitution, the Employer shall notify the Union to explain the proposed change and to discuss the transition.

17.06 The Company will, before the second anniversary of this agreement, meet with the union and discuss use of the Union’s benefit plan and the Union’s dental facilities.

17.07 The Employer does not act as the insurer in respect of these benefits, nor does the Employer bear any responsibility in the event of a dispute between an employee and the insurer. The Employer will not act in bad faith when an employee makes a benefit claim and will not require that a carrier make any

- 25 -

decision in a specific case. The Employer’s responsibility is fulfilled by arranging the purchase of the benefits and through the payment of premiums.

17.08 The employee has an obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery.

Registered Savings Plan

17.09 All seniority rated employees are eligible to join the Group Registered Retirement Savings Plan following the completion of six months of service. Participation is voluntary. The Plan is currently administered by Sun Life Financial.

17.10 Each eligible employee may contribute any between 2% and 12% of earnings through payroll deductions. Contributions ranging from 2% to 6% of earnings are defined as “Matched” contributions. Contributions ranging from 7% to 12% are defined as “Unmatched” contributions. For the purposes of the Registered Saving Plan, earnings will include all regular wages, overtime earnings, vacation pay and any VCP paid in that calendar year (T4 Earnings).

17.11 The Employer will contribute a 100% match on employee contributions up to 3% of an employee’s annual earnings. The Employer will contribute a 50% match on the next 3% of employee contributions. Employee annual earnings include VCP earnings.

Unmatched Employee Contributions

17.12 Unmatched Employee Contributions (i.e. contributions in excess of 6% of earnings) may be withdrawn at any time.

Matched Employee Contributions

17.13 Matched Employee Contributions (i.e. up to 6% of your earnings) may be withdrawn under the terms of the Homebuyer’s Plan as legislated at the time of withdrawal or to fund post-secondary education.

Employer Contributions

17.14 Employer contributions may not be withdrawn while employee’s remain actively employed.

17.15 Employer match will be reflected on the biweekly pay stub and Employer payments made no less frequently than monthly to the Group RRSP provider.

ARTICLE 18 – PAID BEREAVEMENT, JURY AND CROWN WITNESS LEAVES

18.01 An employee who has a death in his immediate family will receive three (3) days of bereavement leave with pay, plus an additional two (2) days leave without pay. Intermediate family means spouse/partner of record, child, step

- 26 -

child, brother, sister, mother, father or person over whom the employee is the legal guardian.

18.02 An Employee who has a death in his family of a grandparent, great grandparent, grandchild, mother-in-law, or father-in-law shall receive three (3) days bereavement leave with pay.

18.03 Bereavement leave with pay will not be provided in addition to any another type of allowable pay for the same day(s), such as holiday pay, vacation pay or for any days that the employee would not normally have performed work for the Company. An employee on vacation may cancel vacation and substitute allowable bereavement leave for vacation days.

18.04 In the event of the death of a co-worker where the visitation or the last day of the cultural or religious ceremony as well as the funeral do not occur outside of scheduled working hours, the Company will grant sufficient time off without pay to for those employees to wishing to attend the last day of the cultural or religious ceremony provided the employee(s) make up the time lost. The parties agree that, despite overtime being defined elsewhere in this Agreement, time worked to make up time lost as a result of the operation of this Section will be straight time.

18.05 Extended unpaid bereavement leave where extensive or international travel is required will not be unreasonably withheld. A single day of unpaid leave will not be unreasonably withheld where there is a funeral of an aunt, uncle, brother in law or sister in law.

18.06 An employee who is compelled for jury duty or as a crown witness will be excused from work for the day(s) on which he is compelled. An employee will receive, for each such day he otherwise would have regularly worked, an amount equal to his straight-time hourly earnings. The employee must present proof of service remit to the company all jury pay and/or conduct fees received immediately upon receiving it.

18.07 If not selected to sit on a jury, released as a juror or if released as a witness, the employee shall forthwith report to his Supervisor and commence work.

18.08 It is agreed and understood that all leaves of absence under this agreement, whether paid or unpaid, constitute a greater right or benefit than the Emergency Leave provisions of the Employment Standards Act and count towards this entitlement. It is further agreed and understood that the statutory emergency leave days may not be pyramided on top of any leave, whether paid or unpaid, under the terms of this agreement.

ARTICLE 19 – BULLETIN BOARDS

19.01 The Employer will provide the Union with a bulletin board for the posting of notices such as:

(a) Notices of union elections

- 27 -

(b) Union election results (c) notices of union meetings (d) Notices of union recreational and social events (e) Names of Stewards and Executive (f) Local union by-laws (g) Minutes of Union meetings

19.02 Notices shall be endorsed by the Unit Chairperson or designate and must be

provided to Human Resources prior to posting. The bulletin board shall not be used to demean or make derogatory comments about employees, the Employer or management of the Employer or in a manner which is unduly divisive. Where something is removed from the Bulletin Board by the Employer, the union will have the right to grieve the removal.

ARTICLE 20 – GENERAL ISSUES

Day of Mourning

20.01 The Company will recognize April 28th as the National Day of Mourning for Workers.

Copies of Agreement

20.02 The Company agrees to pay the cost of placing the first 125 copies of this Agreement in booklet form. Both parties will agree to the form and content of the booklet prior to it being printed. The Agreement will be distributed to all current employees and all new hired during the life of this CBA with an additional 25 copies for the Union. it will then be provided to all new hires during the life of the agreement.

New Employees

20.03 The Company will provide each new employee with a copy of the collective agreement and will make the Boardroom available to the Union Chair or his designate if they wish to meet with the new employee outside of regularly scheduled hours.

Humanity Fund

20.04 The Company agrees to provide a one-time, twenty-five dollar ($25.00) deduction from the wages of all employees in the bargaining unit. Such deduction will be made on the last pay in January of each year and, prior to the 15th day of the month following, will be paid to the “Humanity Fund”. Such payment will be forwarded to United Steelworkers of America National Office, 234 Eglinton Avenue East, Toronto, Ontario, M4P 1K7. The Company will advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment has been made, the amount of such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made. The Company will indicate employee contributions to the Humanity Fund as a charitable contribution on each

- 28 -

employee’s T-4 slip. For the year 2005, this deduction will be made on the first pay in August.

Toronto Area Services

20.05 The Employer will pay per employee annually, commencing on June 1, 2009, the sum of one hundred ($100.00) towards the Toronto Area Services Fund. In return the Company will receive a charitable donation receipt in the amount of $20.00 for each $100.00 of contribution.

20.06 Education Assistance Upon submission of a passing grade report and original receipts for payment employees will be reimbursed by the Employer where it pre-approves that a course is job related and the course is taken at an accredited educational institution (determined by Income Tax status). An employee must complete any necessary forms prior to commencing the course and to claim the reimbursement. No reimbursement will be paid if the employee’s employment has ended before the refund is made. Reimbursements will be made within 21 days of submission of required documents.

ARTICLE 21 – DURATION

21.01 The parties agree that the stated term of this collective agreement shall be from midnight on January 28, 2019 and expires February 1, 2024 and shall be automatically renewed for successive periods of one (1) year thereafter unless either party gives notice of its intent to negotiate amendments as set out below.

21.02 The effective date of all provisions or terms of this collective agreement shall be the date of ratification and neither party will seek to enforce any provision or term for the time period prior to ratification except where expressly stated to the contrary.

21.03 Either party shall be entitled to give notice in writing to the other party as provided in the Ontario Labour Relations Act, 1995 of its desire to bargain with a view to the renewal of the expiring collective agreement at any time within a period of ninety (90) days before the expiry of the date of the Agreement or any successive term thereof. On receipt of such notice by either party, the parties shall meet and bargain in good faith to reach a renewal agreement.

For the Union: For the Company:

Tom DeSousa Ray Picco

Francis Sipos Samantha Krautschek

Mikhail Sosland

Cristian Rowe

- 29 -

MEMORANDUM ON PLANT CLOSURE AND SEVERANCE PAY

21.04 In negotiations for a renewal collective agreement the Union raised concerns over plant closure during negotiations and asked for guaranteed severance and transition payments in such a case. The Employer indicated it had no reason to believe this was a concern that would arise during the life of the agreement. However, to address the Union’s position it was agreed as follows:

a) Notice

In the event that the Plant closes during the life of this collective agreement it is agreed that the closure will not take place with less than four (4) weeks concurrent notice (or pay in lieu of notice) to the Employees and the Union.

b) Severance Pay

All active employees at work on or after the day of notice above and up to the day of closure will receive severance pay as set out below:

i. Employees shall, upon waiver of recall rights, receive an amount equal to one (1) week of normal earnings for each completed year of service from the last date of hire.

ii. Transition Allowance

iii. Employees who have completed over five (5) years of service shall also receive a one-time gross transition allowance payment of one thousand ($1,000.00) dollars to support his or her in job search expenses and / or retraining.

c) Letter of Reference

All employees will also receive a letter confirming his or her position, years of service, position responsibilities and confirming that the plant closure is the cause of his or her employment termination.

SHIFT DIFFERENTIAL

An Afternoons shift differential of $0.60 shall be paid for all hours worked after 3 PM and before 11 PM.

A Nights shift differential of $1.00 shall be paid for all hours worked after 11 PM and before 7 AM.

MEMORANDUM ON CAPACITY CONSTRAINTS

If capacity constraints arise in the future, both parties agree to meet to discuss potential opportunities including but not limited to weekend crew, summer students and temporary part time program.

- 30 -

LETTER OF UNDERSTANDING ON TOOL ALLOWANCE

The Employer will maintain an annual tool allowance for Maintenance and Quality employees. Maintenance personnel will receive an annual allowance up to four hundred and fifty ($450) dollars and Quality personnel will receive an annual allowance up to two hundred ($200) dollars.

LETTER OF UNDERSTANDING ON AGREEMENT TO WORK EXCESS HOURS

Pursuant to the amendments to the Act affecting hours of work, the Union agrees that its members may work hours in excess of the normal daily limit of eight (8) hours per day as stipulated in the Collective Agreement, up to twelve (12) hours per day, and in excess of the weekly limit of forty-eight (48) hours per week, up to sixty (60) hours per week.

LETTER OF UNDERSTANDING ON MODIFIED APPRENTICESHIP PROGRAM

The Apprenticeship Program is intended to only apply to, and be utilized by, current non licensed employees covered under the Maintenance classification in Article 12.

Employees who are selected to participate in the Apprenticeship program will be paid at the rate consistent with their current classification outlined in Schedule A of this agreement.

The Company will allow Apprentices time off with pay at straight wages in order to write their Certification of Qualification Exam.

The Company agrees to work in conjunction with the Ontario Apprenticeship Program to define what would work best for the Concord facility.

In order to expedite the Apprentice’s completion into Journeyman status, the following policy shall apply:

I. The Apprentice must apply to write his examination within one (1) month after he has reached his total hours required for apprenticeship.

II. The Apprentice will provide the Employer with two (2) weeks’ notice that he is going to write the Certification of Qualification (C of Q) exam.

III. The Apprentice will be paid at the Electrician’s rate once he has passed his C of Q exam and provided written proof.

LETTER OF UNDERSTANDING ON TECHNOLOGICAL CHANGE / RESTRUCTURING

The Company and the Union are concerned about the impact on employees and conditions of employment resulting from technological improvements and/or automation. It is essential that these improvements be utilized to the best advantage of the Company and employees. Accordingly, the signatory parties agree to the following:

- 31 -

a) Definition:

The term "technological change" shall be understood to mean modification to manufacturing equipment or techniques introduced by the Company in the manner in which it carries out its production and maintenance operations, where the modification alters the terms and conditions; or security of employment of members of the bargaining unit.

b) Such modification as anticipated above include the following:

1. The introduction, because of technological change or development, of equipment, material or processes different in nature, type or quantity from that previously utilized;

2. A change, related to introduction of the above, in the manner in which the Company carries out its production and maintenance objectives and operations.

3. Restructuring that alters or eliminates a bargaining unit job.

When the Company is considering the introduction of technological change or restructuring:

a) The Company agrees to notify the Union as far as is practicable in advance of its intention and to update the information provided as new developments arise and modifications are made.

b) The foregoing notwithstanding, the Company shall provide the Union at least (4) four weeks’ notice, wherever possible before the introduction of such changes, with a detailed description of its intent to carry out disclosing all foreseeable effects and repercussions on employees.

c) The notice mentioned above shall be given in writing and shall contain pertinent data including:

1) nature of change;

2) the date on which the Company proposes to effect the change;

3) the number, type and location of employees likely to be affected by the change;

4) the effects the change may be expected to have on employee's working conditions and terms of employment;

5) all other pertinent data relating to the anticipated effects on employees.

In the event that an employee is moved to a lower job classification as a result of technological change or restructuring the affected employee maintain his or her rate for the period equal to (8) eight weeks from the time the employee enters the classification.

- 32 -

VCP

In support of the purposes of this Agreement in Article 1, a Variable Compensation Plan is provided as outlined below to recognize performance achievement with enhanced compensation.

The VCP covers all bargaining unit employees equally. The VCP cannot be cancelled.

The VCP Plan is not arbitrable except where the Employer is alleged to have discriminated against the bargaining unit in its assessment of the targets under the Plan. Where the union makes such an allegation, the company will have the onus of meeting with the union and will explain its rationale and provide documents relevant to the decision.

The primary objective and design of the VCP will be to provide incentive based compensation for continuous improvement in health and safety, customer satisfaction, production and financial results.

The VCP Target Rate will be 10.0%. The design of the VCP will require that payouts may range from 0 to 2 times the VCP Target Rate based on the level of results achieved against targets.

Every employee is eligible to participate and individual VCP payment will be based upon hours worked within the calendar year subject to the following exclusions:

New employees will not participate in respect of the first 520 hours worked;

An employee whose employment ends with less than two (2) years of service shall not been entitled to receive any unpaid VCP;

An employee who has worked in excess of two (2) years and who resigns or retires from employment with at least two (2) weeks of notice shall be entitled to VCP as shall the estate of any such employee who dies.

EARLY RETIREMENT INCENTIVE

Employees with five (5) years of completed service and at least sixty-two (62) years of age are eligible for this Early Retirement Incentive. An employee’s application for the Early Retirement Incentive must be submitted to Human Resources at least 90 days prior to the requested retirement date. An employee’s date of retirement will be mutually agreed upon by the employee and the Company.

The employee will receive a lump sum payment as set out in the chart below calculated as the defined number of weeks of regular pay, as well as benefit coverage continuation in accordance with the terms of the applicable group insurance plan. Payment will be made upon the next pay date following the retirement date.

- 33 -

The Early Retirement Incentive entitlement is as follows:

Years of Service Pay Entitlement Benefits Entitlement

15 5 weeks 6 months

10 4 weeks 5 months

5 3 weeks 4 months

SCHEDULE A – WAGES

Wages will be paid by direct deposit to the employee’s bank account.

All incumbents whose existing rates are in excess of those provided for in the following wage schedule will be red circled at their incumbent rates until such time as negotiated increases provide for a greater rate for their classification. These incumbents will be entitled to the increased VCP Target rates.

- 34 -

Schedule A - WAGE TABLE

Year 1 Year 2 Year 3 Year 4 Year 5

Eff. Feb. 2

2019

Eff. Feb. 2

2020

Eff. Feb. 2

2021

Eff. Feb. 2

2022

Eff. Feb. 2

2023

Production Associate (probation) $ 17.45 $ 17.80 $ 18.15 $ 18.52 $ 18.89

Production Associate (job) $ 18.48 $ 18.85 $ 19.23 $ 19.61 $ 20.00

Production Operator (start) $ 21.13 $ 21.55 $ 21.98 $ 22.42 $ 22.87

Production Operator (job) $ 22.50 $ 22.95 $ 23.41 $ 23.88 $ 24.36

Advanced Production Operator $ 23.49 $ 23.96 $ 24.44 $ 24.93 $ 25.43

Material Handler $ 22.91 $ 23.37 $ 23.83 $ 24.31 $ 24.80

Shipper Receiver (start) $ 22.91 $ 23.37 $ 23.83 $ 24.31 $ 24.80

Shipper Receiver (job) $ 23.34 $ 23.80 $ 24.28 $ 24.77 $ 25.26

Quality Technician $ 23.44 $ 23.91 $ 24.39 $ 24.87 $ 25.37

Quality Technician (Certified) $ 25.91 $ 26.43 $ 26.95 $ 27.49 $ 28.04

Mechanical/Electrical (Probation) $ 29.77 $ 30.37 $ 30.97 $ 31.59 $ 32.22

Mechanical/Electrical (Job) $ 34.61 $ 35.30 $ 36.01 $ 36.73 $ 37.46

Process Technician (Probation) $ 26.70 $ 27.23 $ 27.78 $ 28.33 $ 28.90

Process Technician (Start) $ 28.26 $ 28.83 $ 29.40 $ 29.99 $ 30.59

Process Technician (Job) $ 32.27 $ 32.92 $ 33.58 $ 34.25 $ 34.93

Collective Agreement - sdc.gov.on.ca · Collective Agreement Between: ArcelorMittal Tailored Blanks...

Documents

Transcript of Collective Agreement - sdc.gov.on.ca · Collective Agreement Between: ArcelorMittal Tailored Blanks...