ARTICLE

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2010 - 2013

BElWEEN

HAMILTON-KENT Inc

- and-

CAW-CANADA AND ITS LOCAL 252

Purpose Recognition Management Rights Union Security No Discrimination No Strikes or Lockouts Attendance of National Representative Bulletin Board Printing of Collective Agreement Seniority Loss of Seniority Job Posting Layoffs and Recalls Union Representation Grievance Procedure Arbitration Hours of Work Overtime Overtime Meal Allowance Reporting Allowance Call-in Allowance Administration of Discipline Suspension and Discharge Grievances Incapacitated Employees Leaves of Absence

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10 10 10 11 11 13 14 16 18 20 23 25 27 28 28 28 28 29 29 30

ARTICLE

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Paid Education Leave Bereavement Leave Jury Duty Vacations with Pay Vacation Scheduling Holidays Technological Change New Jobs Equipment and Tools Protective Clothing Uniforms New Employee Orientation Health and Safety Wages and Classifications Retirement Savings Plan National Day of Mourning Injury on the Job Benefits Pregnancy, Parental, Adoption, and Child-Birth Leave Temporary Transfers Lead Hands First Aid Medical Certificates Tools and Safety Boot Allowance Work by Non-Bargaining Unit Persons Training, Re-Training, and Refresher Courses Trade Licences Tuition Fees Duration of Agreement Substance Abuse Representative

Schedule "A" - Wages and Classifications

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)(1 wI 01 ZI -.

BETWEEN:

THIS AGREEMENT ENTERED INTO THIS 14TH DAY OF OCTOBER, 2010.

HAMILTON KENT INC.

(Hereinafter called the "Employer" or "Company")

- and-

CAW-CANADA AND ITS LOCAL 252

(Hereinafter called the "Union")

ARTICLE 1 - PURPOSE

1.01 The purpose and intent of this Agreement is to promote and improve the

industrial and business relationships between the employees and the company,

to provide an orderly procedure for collective bargaining, to address

grievances, and to set forth the basic agreement relating to wage rates, hours

of work and mutually-satisfactory working conditions to which the attending

parties must comply.

It is understood through this Agreement that the company and the employees

must fully, individually and collectively, cooperate in order to carry out the

purpose and intent of this Agreement.

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1.02 The employer, the union and its member concede that the manufacturing and

distribution of the highest quality products and services at competitive prices is

an essential and decisive factor to the long-term success of the company, and

increases job security.

ARTICLE 2 - RECOGNITION

2.01 The company recognizes the union as the sole and exclusive bargaining agent

of all employees of Hamilton Kent Inc. in the City of Toronto, save and except

supervisors, persons above the rank of supervisor, office, sales and clerical

staff, engineering and quality assurance staff.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 Except as, and to the extent specifically modified by this Agreement, 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 and may be exercised by management as it, in its discretion,

sees fit.

Without limiting the generality of the foregoing, the company's rights shall

include:

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(a) the right: to maintain order, discipline and efficiency; to make, alter and

enforce, from time to time, reasonable rules and regulations, policies and

practices, to be observed by its employees; to discipline and discharge

employees for just cause;

(b) the right: to select, hire and control the working forces and employees; to

transfer, assign, promote, demote, schedule and classify employees; to

plan, direct and control its operations; to select and retain employees for

positions excluded from the bargaining unit; to transfer employees into or

out of the bargaining unit; to operate and manage the enterprise in all

respects in order to satisfy its commitments and objectives;

(c) the right to determine: the location and extent of its operations and their

commencement, expansion, curtailment or discontinuance; the direction of

working forces; the work to be done; the products to be manufactured,

merchandised and sold, standards of performance; whether to perform or

contract for goods and services; the methods, processes and means of

performing work; job content and requirements; the use of improved or

changed methods and equipment; the number of employees needed by

the company at any time and how many shall work in any job, line, or

function; methods to be used to ensure security of the company's

property. And, generally, the right to manage the enterprise and its

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business without interference are solely and exclusively the right of the

company.

3.02 The Company shall not exercise its management rights in a manner that is

contrary to the expressed provisions of this Collective Agreement. Failure by

the Company to exercise any of its management rights or other rights shall not

be considered to be an abandonment of those rights.

ARTICLE 4 - UNION SECURITY

4.01 It is agreed that all employees of the company who are members of the union

as of the date of this Agreement shall, as a condition of employment, remain

members in good standing as provided in the constitution and by-laws of the

union. All new employees after the date of this Agreement shall be required to

sign an application for membership and authorization for checkoff of dues and

initiation fees, supplied by the union to the company.

The local union copy of this form will be forwarded to the Local Union Financial

Secretary upon completion.

4.02 All dues and initiation fees deducted will be remitted to the Local Union

Financial Secretary by the 15th of the month following the month in which the

deduction was made along with a list of names and the amount of each

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deduction. The company will also supply a list of those bargaining unit

employees who did not have union dues deducted and the reason why no

deduction took place.

4.03 The company also agrees to include on the employee's T -4 slip, the total union

dues paid for the year.

4.04 The Financial Secretary of the Local Union will provide the company with thirty

(30) days' notice of any change in the amount of union dues and/or initiation

fees to be deducted pursuant to the constitutional requirements of the National

Union.

4.05 The company further agrees to furnish the following information to the local

union office:

1. A quarterly list of the names, addresses, and telephone numbers of all

employees in the bargaining unit. This list will be provided within thirty (30)

days of the end of the quarter.

2. A monthly status change report of bargaining unit employees identifying

the following:

(a) new hires;

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(b) transfers out of the bargaining unit;

(c) status of each bargaining unit employee (Le. at work, on vacation,

WSIB, and any other leave of absence).

This information will be provided within thirty (30) days of the end of the

month.

3. The number of hours worked in the month.

4. Each bargaining unit employee's hourly rate and classification.

ARTICLE 5 - NO DISCRIMINATION

5.01 (a) The company and the union agree that there will be no discrimination exercised

by either of them or their representatives or members in relation to lawful union

activity by an employee, by reason of "age", "ancestry", "citizenship", "colour",

"creed", "ethnic origin", "family status", "handicap", "marital status", "place of

origin" "race" "record of offences" "sex" or "sexual orientation" as any of " " ,

those terms are defined in the Human Rights Code of Ontario.

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(b) The party or person alleging discrimination contrary to the provisions hereof

shall provide the other party with full and sufficient particulars of the

discrimination alleged.

ARTICLE 6 - NO STRIKES OR LOCKOUTS

6.01 It is understood and agreed that there is to be no strike or lockout during the life

of this Agreement. The terms "strike" and "lockout" shall be as defined under

the Ontario Labour Relations Act.

ARTICLE 7 - ATTENDANCE OF NATIONAL REPRESENTATIVE

7.01 A National Representative and/or the President of the Local Union may be

present and participate in any meeting between the Plant Committee and the

company, provided he/she provides reasonable notice.

ARTICLE 8 - BULLETIN BOARD

S.01 The company will provide two bulletin boards for the union to post notices. All

such notices must be signed by the proper officer of the union and submitted to

the Plant Manager for approval before being posted. Posted notices shall not

be abusive, derogatory, or political. The bulletin board will be located in a place

visible to all bargaining unit employees.

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ARTICLE 9 - PRINTING OF COLLECTIVE AGREEMENT

9.01 The company agrees to print and supply copies of the Collective Agreement to all

employees in the bargaining unit at no cost to the union or the employees. The

printing will be performed by a mutually-agreed upon printer and distributed

within three (3) months of ratification.

ARTICLE 10 - SENIORITY

10.01 The provisions within this Agreement with respect to seniority apply only to the

extent expressly provided in this Agreement.

10.02 Seniority will be established and maintained for all employees in the bargaining

unit on a plant-wide basis.

10.03 The employer will post a seniority list on the plant notice board every three (3)

months. A copy of such list will be given to the Chairperson of the Plant

Committee.

10.04 An employee shall be considered a probationary employee until he/she has

completed four hundred eighty (480) hours of work, excluding hours worked

performing light duties. Upon completion of the probationary period, the

employee's seniority shall date back to the employee's date of hire. During the

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probationary period, the employee shall have no seniority or recall rights. The

parties agree that the discharge of a probationary employee shall be deemed to

be a matter outside the scope of this Agreement and shall therefore not be a

matter that may form the subject of a difference between the parties and shall

therefore be neither grievable nor arbitrable. However, probationary employees

may file grievances that pertain to working conditions.

10.05 In the event that two (2) employees have the same seniority date, the employee

holding the lowest clock number shall be deemed to possess the highest

seniority.

10.06 No employee covered by this Agreement will be transferred to a position

outside the bargaining unit without his/her consent.

10.07 An employee who is promoted out of the bargaining unit will lose all bargaining

unit seniority after the employee has been out of the bargaining unit for ninety

(90) calendar days. An employee shall only be able to leave the bargaining unit

and return pursuant to this Article once during the course of this Agreement.

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ARTICLE 11 - LOSS OF SENIORITY

11.01 A seniority employee shall lose his/her seniority standing and employment, and

his/her name shall be removed from the seniority list for any of the following

reasons:

(a) if the employee voluntarily quits or is discharged and such discharge is not

reversed through the grievance procedure;

(b) if the employee has not performed work for the company for a period of

twenty-four (24) months, or a period equal to the employee's seniority,

whichever is lesser;

(c) if the employee is recalled to work after a layoff and fails to notify the

company within three (3) working days that he accepts the recall, or fails

to return to work within seven (7) working days after notice of recall has

been sent by registered mail to the last address that the employer has in

its files for the employee, unless the employee is unable to comply with

these requirements due to a serious and verifiable health condition;

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(d) if the employee overstays a permitted leave of absence or vacation

without securing extension of such leave of absence or vacation from the

company;

(e) If the employee accepts other employment while on leave of absence

(except medical leave) without permission from the company.

(f) if the employee is absent from work for three (3) or more consecutive

shifts. This Article 11.01 (e) shall not be interpreted as permitting

unauthorized absences of any duration.

ARTICLE 12 - JOB POSTING

12.01 The employer agrees to advertise permanent job vacancies that are to be filled

in the bargaining unit, including new jobs that have been created by the

employer, for five (5) working days. During the posting period and until the

vacancy is filled, the company may temporarily fill the job as it wishes. All

seniority employees may apply for the vacancy. All applications shall be made

on forms to be supplied by the employer.

The term "permanent vacancy" as used herein means a new bargaining unit job

or an additional bargaining unit job created by the employer, or a vacancy that

has been created by the quit, discharge or retirement of an employee, or an

increase in the work force. Vacancies created by reason of sickness, accident

or a leave of absence are not "job vacancies" within the meaning of this Article.

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12.02 The employer shall not post a permanent vacancy where employees have been

laid off from the vacant position and remain on layoff. In these circumstances,

the most senior employee that was laid off from the classification will be

recalled and assigned the permanent vacancy.

12.03 The employer will consider applications and, subject to Article 12.04 hereof,

make a selection based on the following factors:

(a) skill and ability; and

(b) seniority;

where skill and ability are relatively equal, seniority shall govern.

12.04 The successful applicant must have the skill and ability to perform the

requirements of the job.

12.05 Nothing in this Article shall restrict the employer's discretion not to fill a

permanent vacancy, or to reassign or reschedule employees within the

classification before posting a vacancy in that same classification.

12.06 In the case of a permanent vacancy arising within thirty (30) working days from

a job posting for the same job, the company shall not be required to post such

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vacancy again, but may review applications from the previous job posting.

However, if none of the applicants from the previous posting are selected, the

employer will post the job.

ARTICLE 13 - LAYOFFS AND RECALLS

13.01 The term "layoff" as used herein shall mean an imposed absence from work for

one (1) full shift or more.

13.02 Where an employee is to be laid off from the plant, except for a layoff

implemented pursuant to Article 13.03, the following procedure will apply:

(a) employees who have been temporarily transferred into the affected

classifications will be returned to their original positions;

(b) probationary employees in the affected classifications will be laid off first;

(c) thereafter, in the affected classifications, employees with the least

seniority will be subject to layoff;

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(d) a seniority employee displaced from his/her classification will be assigned

by the employer to a vacancy in another classification with the same rate

of pay provided the employee has the skill and ability to do the job;

(e) if there is no such vacancy, the seniority employee will be allowed to bump

a probationary employee provided the seniority employee has the skill and

ability to do the job; and

(f) if there is no such job, the seniority employee will be allowed to bump the

employee with the least seniority provided the senior employee has the

skill and ability to do the job.

13.03 (a) In the event of a natural catastrophes such as weather and power outages,

as applied to individual employees, the company may layoff an employee

for one (1) shift in each calendar year, to a maximum of three (3) shifts for

the duration of the contract, without regard to the seniority, bumping, or

other provisions of Article 13.02. Seniority employees who are laid off

pursuant to this article 13.03 will be permitted to bump a probationary

employee, if probationary employees remain at work, provided the

seniority employee has the skill and ability to do the job.

(b) Notice for indefinite layoffs shall be a minimum of 5 working days to

employees in the affected classifications.

(c) In the event the company fails to provide notice as per Article 13.03 (b),

the company shall pay any shortfall to the affected employees at their

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base rate, including any applicable shit premiums.

13.04 Where an employee bumps into a job in accordance with Article 13.02 above,

the employee shall be paid at the rate for the job into which he/she has

bumped.

13.05 Where in the exercise of Article 13.02 above, an employee bumps into a

different classification, the employee shall be transferred back to hislher regular

job when such job becomes available, if such work is resumed within twenty

four (24) months.

13.06 When work becomes available, and employees have been returned in

accordance with Article 13.05 above, seniority employees who remain on layoff

will be recalled in order of seniority to the positions they held immediately prior

to the layoff. If no such employees are available to return to their former

positions, employees will be recalled in order of seniority provided they have

the skill and ability to perform the work available.

13.07 No new employees shall be hired where employees on layoff have the skill and

ability to perform the work available.

13.08 Employees on 'layoff are entitled to apply for any job vacancies arising out of a

job posting.

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ARTICLE 14 - UNION REPRESENTATION

14.01 The company acknowledges the right of the union to appoint or elect a plant

committee of four (4) committeepersons, one of whom will be the Chairperson

of the Plant Committee. One committeeperson will be selected from each shift,

and all committeepersons must be an employee of the company who has

completed his/her probationary period. Such Plant Committee shall also

constitute the bargaining committee for the purposes of negotiating a renewal

to this Agreement.

14.02 In the event that the union appoints alternates for any or all committee persons,

the company will be advised of such appointments as soon as is practicable.

14.03 The union shall notify the employer in writing of the names of each

committeeperson and, where applicable, each alternate, before the employer

will be required to recognize any persons so selected.

14.04 The company will provide the chair of the plant committee with the exclusive

use of a locked filing cabinet and the use of a telephone restricted to local calls.

14.05 It is agreed that committeepersons have regular jobs to perform just like other

employees. However, the company recognizes that committeepersons shall be

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permitted to investigate grievances and administer the collective agreement in

accordance with the grievance procedure set out in Article 15 of this Collective

Agreement.

A committeeperson shall not suffer any loss of pay for time spent investigating

grievances during his/her regular workday. A committeeperson shall be

required to obtain authorization from the committeeperson's supervisor before

leaving his/her work area to investigate a grievance. Such permission shall not

be unreasonably denied. Upon returning to his/her work area, the

committeeperson shall inform the supervisor.

The company agrees to add the chairperson to a mailing list whereby the

chairperson will receive copies of notices announcing the appointment of

supervisors, managers, or other persons who may have jurisdiction over

members of the bargaining unit.

14.07 The company agrees to recognize four (4) members of the Plant Committee for

the purposes of negotiating a renewal to this Agreement. These employees will

not suffer any loss of regular pay for their absence from work when attending

negotiating sessions during regular working hours. This Article 14.07 will not

apply once the parties are in a position to strike or lockout.

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14.08 The Chairman of the Plant Committee shall not be laid-off regardless of his

standing on the seniority list. He shall be the last to be laid off from the plant

provided he is willing and able to do available jobs.

ARTICLE 15 - GRIEVANCE PROCEDURE

15.01 Any matters or complaints raised by an employee covered by the terms of this

Agreement regarding the administration, interpretation, alleged violation, or

application of this Agreement, may be submitted as a complaint or grievance.

An earnest effort shall be made without undue delay to settle any complaint or

grievance which may arise between the company, the union, or an employee

concerning the administration, interpretation, alleged violation, or application of

this Agreement, in the following manner:

Step 1

(a) An employee who has a complaint shall discuss it with his/her supervisor,

or the supervisor's designate, and in so doing the employee shall be

accompanied by his/her committeeperson.

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(b) A full discussion with a view to resolving the complaint will be held

between the supervisor, or the supervisor's designate, the

committeeperson and the employee involved. The supervisor, or the

supervisor's designate, shall give an oral reply, as soon as possible; but in , all cases, such reply shall be given within two (2) working days from the

original presentation of the complaint.

Step 2

(a) If the decision of the supervisor, or the supervisor's designate, at Step 1

does not settle the complaint to the satisfaction of the employee and

union, then the complaint shall be presented by the committeeperson in

writing, hereinafter referred to as a grievance, to the employee's

supervisor, or the supervisor's designate, within three (3) working days of

the date on which the decision at Step 1 was rendered. The grievance

form will be supplied by the union and will attempt to identify the

applicable Article(s) of the Collective Agreement alleged to have been

violated, the date of the incident, and a brief summary of the grievance.

(b) A meeting will be held within five (5) working days from the date upon

which the written grievance was presented to the employee's supervisor,

or the supervisor's designate. The meeting will be attended by the

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employee, the employee's committeeperson, the supervisor or the

supervisor's designate, and the Plant Manager or the Plant Manager's

designate.

(c) The Plant Manager, or the Plant Manager's designate, shall render a

written decision on the grievance within seven (7) working days of the date

of the meeting.

(d) The parties recognize the importance of full discussion and shall make

every effort to settle the grievance at either Step 1 or Step 2.

Step 3

(a) Should the grievance proceed, it shall be presented by the

committeeperson to the Director of Sustainable Market Development, or

the Director of Sustainable Market Development' designate, within two (2)

working days from the date on which the decision at Step 2 was received

by the committeeperson.

(b) A final effort at mutual settlement shall be made at a meeting to be held

within ten (10) working days from the date upon which the grievance was

presented to the Director of Sustainable Market Development. The

Director of Sustainable Market Development, or his designate, and the

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Chair of the Plant Committee, will mutually agree to an agenda outlining

the grievance(s) to be heard at the Step 3 meeting.

(c) The union shall be represented at such meeting by the Chair of the Plant

Committee and one other member of the Plant Committee, as well as the

grieving employee.

(d) The company shall provide the union with its written decision on the

grievance within ten (10) working days from the date of the meeting.

ARTICLE 16 - ARBITRATION

16.01 In the event the grievance is not settled at Step 3, the party having carriage of

the grievance shall request arbitration of the grievance by giving notice in

writing to the other party within five (5) days from delivery of the decision at

Step 3, but not thereafter.

16.02 It is agreed that disputes which are carried to arbitration shall be heard before a

single arbitrator.

16.03 The arbitrator shall be selected by the parties from the following list in rotation:

Howard Brown

Gordon Luborsky

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Dan Harris

Alan Hinnegan

In the event that the selected arbitrator is unable to commence the arbitration

within sixty (60) calendar days or such longer period that both parties consent

to, the case will be referred to the next arbitrator on the list.

16.04 The arbitrator shall not be authorized to make any decision inconsistent with

the provisions of this Agreement, nor to add to, alter, modify, or amend, any

part of this Agreement, nor to adjudicate any matter not specifically assigned to

him/her by the notice to arbitrate.

16.05 The decision of the arbitrator shall be final and binding on the union, employer,

and the affected employee, and the arbitrator's expenses shall be borne in

equal shares by the company and the union.

16.06 No matter may be submitted to arbitration that has not been carried through all

previous steps of the grievance procedure.

16.07 The time limits referred to under the grievance and arbitration procedures

herein are mandatory for both parties, but may, at any time, be extended by

written agreement between the employer and the union.

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ARTICLE 17 - HOURS OF WORK

17.01 This Article should not be construed as a guarantee of hours of work to be done

per day or per week, or otherwise.

17.02 The company agrees to continue the shift schedules in effect at the time this

Agreement is ratified:

Three 8 Hour Shifts - Sunday to Friday - 40 paid hours per 5 day shift

"A" Shift - Monday to Friday 7AM to 3PM, one 30 minute paid break per day

"B" Shift - Monday to Friday 3PM to 11 AM, one 30 minute paid break per day

"C" Shift - Sunday to Friday 11 PM to 7 AM, one 30 minute paid break per day

17.03 Shift Premiums - Three 8 Hour Shifts - Sunday to Friday

The Company agrees to continue the $1 per hour night shift premium and

agrees to pay 60 cents per hour shift premium for the afternoon shift. The

Company and the Union agree that there will be no weekend premium paid.

17.04 Future Changes to Shift Schedules

The Company and the Union agree that the Company may within each calendar

year of the CBA change the shift schedules to suit production requirements

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based on customer demand, with one months notice and by mutual agreement

between the company and the union.

ARTICLE 18 - OVERTIME

18.01 Overtime shall be on a voluntary basis.

18.02 Overtime as referred to in this agreement shall relate specifically to the current

five day, eight hour shift schedule and not to a schedule that may result from a

change in shift schedules as per Article 17.04

18.03 Any work performed by an employee immediately before or after the

employee's regular shift will be paid at 1.5 times the applicable hourly rate.

The company agrees to pay double the hourly base rate for employees who

work overtime on Sundays (based on current 5 day/8 hour shift schedule), as

well as all hours worked on Paid Holidays.

The company agrees to pay overtime at the rate of time and one-half of the

hourly base rate for employees who work overtime on Saturdays (based on

current 5 day/8 hour shift schedule).

The company agrees to pay the applicable shift premium for hours worked by

the afternoon and night shift on Saturdays (based on current 5 day/8 hour shift

schedule).

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18.04 Hours worked on Saturday will be paid at 1.5 times the applicable hourly rate,

subject to meeting the requirements of Article 17.04.

18.05 Hours worked on Sunday will be paid at 2.0 times the applicable hourly rate,

subject to meeting the requirements of Article 17.04.

18.06 Overtime will be equitably distributed amongst the employees that normally

perform the work in the classification. An employee who refuses an offer of

overtime will be considered to have worked the overtime for the purposes of

overtime equalization. Employees who miss overtime opportunities due to

leaves of absence, vacations, layoffs or any other absence will be charged with

the average number of hours against the employee in the work area who are in

the same classification.

18.07 Employees will be given reasonable notice of overtime opportunities.

18.08 Any legitimate claim of inequitable distribution of overtime shall result in the

employee's entitlement to the next opportunity to perform overtime in his

classification.

18.09 Overtime premium shall apply only to the base hourly rate of the employee.

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ARTICLE 19 - OVERTIME MEAL ALLOWANCE

19.01 An employee who is required to work a minimum of two (2) hours' overtime

before or after his scheduled hours of work, shall be provided with a meal or

shall be reimbursed in the amount of ten dollars ($10.00). A meal break of one­

half (%) hour, with pay, at the applicable rate shall also be given.

ARTICLE 20 - REPORTING ALLOWANCE

20.01 An employee who reports for work at the beginning of his/her scheduled shift,

unless he/she has been notified not to report, will receive four (4) hours' work at

his/her applicable rate. The provisions hereof shall not apply when the

employee is prevented from working because of a labour dispute, power or

other utility breakdown, fire, flood or any other cause beyond the employer's

control. An employee who does not elect to do the work assigned to him/her will

not receive any pay under this article.

ARTICLE 21 - CALL-IN ALLOWANCE

21.01 An employee who has completed hislher shift and has clocked out and is then

called back to perform work, shall be entitled to be paid at time and one-half

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(1Y2) for a minimum offour (4) hours, or for as long as the employee remains at

work, whichever is greater.

ARTICLE 22 - ADMINISTRATION OF DISCIPLINE

22.01 When an employee is reprimanded, disciplined, suspended or discharged, the

employee shall have a union representative present. An employee shall only be

reprimanded, disciplined, suspended, or discharged in the presence of his/her

union representative.

22.02 Where the employee is not on company premises, a registered letter will be

sent to the employee with notification to attend the reprimand, discipline,

suspension, or discharge meeting. The Chairperson will receive a copy of this

letter. The failure of the employee to attend such meeting will nUllify the

procedural requirements as stated in Article 22.01 above.

22.03 No employee shall be reprimanded, disciplined, suspended, or discharged

except for just cause. However, the discharge of an employee who has not

completed his probationary period, shall be at the sole discretion of the

company and shall neither be grievable nor arbitrable.

22.04 The employee shall be notified in writing of the reasons for discharge,

suspension, or any disciplinary action at the time the action is taken. A copy of

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such action shall be given to the employee's union representative at the same

time. This Article shall not apply in cases where an employee is suspended

pending investigation.

22.05 A disciplinary notation will be removed from an employee's record after twelve

(12) months provided no similar discipline is imposed against the employee

during that period.

ARTICLE 23 - SUSPENSION AND DISCHARGE GRIEVANCES

23.01 In the case of suspension or discharge grievances, Step 3 shall be invoked

within three (3) working days.

ARTICLE 24 -INCAPACITATED EMPLOYEES

24.01 An employee who because of illness or injury, whether work-related or not,

requires absence from work shall furnish reasonable evidence of such illness or

injury. The employee shall also furnish supplementary medical evidence of

disability at reasonable intervals, as requested by the company. Before any

employee on disability leave may return to work, h,e/she must satisfy the

company that he is able to perform the work required.

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ARTICLE 25 - LEAVES OF ABSENCE

25.01 "Leave of absence" shall mean an absence from work requested by an

employee in writing and consented to by the company in writing. All requests

for a personal leave of absence shall be made to the Plant Manager, or his

designate, in writing by the employee concerned at least sixty (60) days before

the effective date of the leave, unless it is impossible to provide such notice, in

which case the request shall be made as soon as possible. The written request

for leave shall indicate in full the reason for requesting the leave of absence.

25.02 Any leave granted shall be in writing covering a specified period of time. The

granting or withholding of a leave of absence is in the sole discretion of the

employer and such discretion shall not be unreasonably withheld by the

employer. Such a leave of absence shall be without payor any other form of

compensation and the employee shall not work in any other position during

such leave of absence unless agreed to by the company in writing.

25.03 An unpaid leave of absence for all or part of a working day shall be granted

upon application by the chairperson for members of the plant committee to

attend union business, provided the request is made in writing to management

at least five (5) working days prior to the commencement of the requested

leave of absence. The total accumulated length of such leaves of absence for

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all employees in the bargaining unit shall not exceed twenty (20) person days in

any calendar year. Seniority employees will continue to accrue seniority and

receive all benefits while absent pursuant to this Article.

25.04 The company will maintain benefit coverage for employees on Leave of

Absence for the first 30 days of the leave after which all benefits will cease.

ARTICLE 26 - PAID EDUCATION LEAVE

26.01 The company agrees to pay into a special fund one cent (.01¢) for all hours

worked by employees in the bargaining unit for the purposes of providing paid

education leave. Said paid education leave will be for the purpose of upgrading

employee skills in all aspects of trade union functions. Monies to be paid on a

quarterly basis into a trust fund established by the National Union, CAW and

sent by the company to the following address:

CAW Paid Education Leave Program 205 Placer Court

North York, ON M2H 3H9

26.02 The company further agrees that members of the bargaining unit, selected by

the union to attend such courses, may be granted a leave of absence without

pay for a maximum of twenty (20) days. The total accumulated length of such

leaves of absence for all employees in the bargaining unit shall not exceed

twenty (20) person days in any calendar year.

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Seniority employees will continue to accrue seniority and receive all benefits

while absent pursuant to this Article.

ARTICLE 27 - BEREAVEMENT LEAVE

27.01 In the event of a death of an immediate family member, a leave of absence of

three (3) consecutive working days, including the day of the funeral, will be

granted to the bereaved employee. In year three of the contract, the employer

agrees to extend the bereavement leave of absence to four (4) consecutive

working days including the day of the funeral. Such employee shall be paid

his/her straight time rate for the scheduled hours he/she otherwise would have

worked during such leave. If proof of death is not provided, the paid leave of

absence will be reduced to one(1) day. "Immediate family member" shall be

defined as the employees father, mother, father-in law, mother-in-law, brother,

sister, spouse, child and grandparent. A seniority employee will receive one (1)

day off with pay upon the death of his/her brother-in-law, or sister-in-law.

ARTICLE 28 - JURY DUTY

28.01 A seniority employee required to serve on a jury, or one who has been served

with a subpoena to appear as Crown witness, shall be paid the difference

between what the employee would have earned for the scheduled hours during

which the employee is required in court, less any jury duty payor witness fees

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the employee receives. The employee will be required to report back to work if

excused for an entire day, or where less than four (4) hours remain in the

employee's scheduled shift. Proof of attendance and payment of jury duty pay

and/or witness fees is required. Seniority employees will continue to accrue

seniority and receive all benefits while absent pursuant to this Article.

ARTICLE 29 - VACATIONS WITH PAY

29.01 Vacation entitlements shall be calculated as follows:

(a) Employees with less than one (1) year of service as of June 1 will

receive 4% of gross wages as vacation pay.

(b) Employees with more than one (1) year of service, but less than four (4)

years of service as of June 1 will receive two-weeks' vacation and four

4% of gross wages as vacation pay.

(c) Employees with more than four (4) years of service, but less than ten

(10) years of service as of June 1 will receive three (3) weeks' vacation

and 6% of gross wages as vacation pay.

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(d) Employees with more than ten (10), but less than seventeen (17) years

of service as of June 1 will receive four (4) weeks' vacation and 8% of

gross wages as vacation pay.

(e) Employee with more than seventeen (17) years of service as of June 1

will receive five (5) weeks' vacation and 10% of gross wages as vacation

pay.

29.02 For the purposes of Article 29.01, "gross wages" shall mean the employee's

gross wages in the previous calendar year, and shall include shift premium,

statutory holiday pay, and overtime pay.

ARTICLE 30 - VACATION SCHEDULING

30.01 The vacation year shall be from June 1 to May 31 of each calendar year. The

employer will determine when vacations are to be scheduled having regard to

its operational requirements. The Company shall have the right to schedule

plant shutdowns. Subject to the foregoing, vacation requests received by March

31 prior to the vacation year will be scheduled in accordance with seniority.

Vacation requests received after March 31 will be scheduled on a first come

first serve basis.

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ARTICLE 31 - HOLIDAYS

31.01 The following days will be observed as plant holidays:

Holiday 2011 2012 2013

New Years Day January 1 January 1 January 1

Family Day* February 21* February 20* February 18*

Good Friday April 22 April 6 March 29

Victoria Day May 23 May 21 May 20

Canada Day July 1 July 1 July 1

Civic Holiday August 1 August 6 August 5

Labour Day September 5 September 3 September 2

Thanksgiving October 10 October 8 October 14

Christmas December 25 December 25 December 25

Boxing Day December 26 December 26 December 26

*Subject to withdrawal and replacement by Remembrance Day should the proposed

Ontario legislation be entered into law.

31.02 An employee shall be entitled to a day off with pay (based on the employee's

regular scheduled hours) on the employee's birthday. Should this day fall on

the employee's day off, vacation, or approved leave of absence, it shall be

observed on the employee's next regular scheduled shift. Each year the

employee must provide his/her supervisor with two (2) weeks' written notice of

the employee's birthdays on a form to be provided by the employer. Failure to

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comply with this notice requirement will cause the employee to lose hislher

entitlement under this Article for the year in question.

31.03 Effective October 13, 2007, employees will receive·a day off with pay to obtain

Canadian Citizenship, upon evidence of citizenship documentation.

31.04 In order to receive holiday pay, the employee must work his/her entire

scheduled shift immediately before the holiday and his/her entire scheduled

shift immediately after the holiday, unless the employee is absent due to a

reasonable cause that is verified.

31.05 Where a paid holiday falls on the employee's vacation or an approved leave of

absence, the employee will be required to take the holiday immediately upon

the conclusion of the employee's vacation or leave of absence, and will be

entitled to a day's pay based on the employee's regular scheduled hours.

Should the holiday fall on the employee's day off, the employee will only be

entitled to a day's pay based on the employee's regular scheduled hours. To

receive holiday pay under this Article, the employee must comply with the

requirements of Article 31.03.

31.06 An employee may be required to work on a plant holiday if such holiday occurs

on a day that the employee would otherwise be scheduled to work. Subject to

Article 31.03, such employee shall be paid at two (2) times his/her regular rate

for all hours worked and, in addition, shall receive the employee's regular

39

wages for the day. If an employee is scheduled to work on a plant holiday but

does not attend, or attends for less than the employee's full shift, the employee

will forfeit all holiday pay for the day.

ARTICLE 32 - TECHNOLOGICAL CHANGE

32.01 "Technological Change"

(a) "Technological change" is defined as the introduction by the employer of new

equipment or work methods that result in a reduction in the level of

manpower. In the event of "technological change" as defined above, the

Company shall give the union at least thirty (30) days' notice of such

technological change and will discuss with the union any anticipated impact

on the workforce resulting from these changes.

(b) Where an employee's job has been directly affected by technological change,

as defined above, the employee will be offered a maximum of ten (10)

working days of on-the-job training concerning the new technology, unless it

would be impossible for the employee to learn the new technology within such

timeframe. The Employer will only have to offer such training to the number of

senior employees in the classification that will be required to use the new

technology.

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(c) Where technological change, as defined above, results in a displacement,

such displaced employee shall have an opportunity to apply for a vacancy,

and shall be considered in accordance with the job positing provisions of this

Agreement.

(d) An employee who is displaced from his/her job as a result of technological

change shall have an opportunity to exercise his/her seniority under the layoff

provisions of the collective agreement.

ARTICLE 33 - NEW JOBS

33.01 When the company establishes a new job classification coming within the

scope of this Agreement, the company will notify the chair of the Plant

Committee of the rate established for such new job. The company will meet

with the union and discuss the basis upon which such rate has been

established. If there is no agreement with respect to such rate, a union policy

grievance may be filed. The arbitrator shall have authority to determine what

the rate shall be, but in doing so, shall be governed exclusively by the relative

value of the other classifications covered by this Agreement.

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ARTICLE 34 - EQUIPMENT AND TOOLS

34.01 The company agrees to continue to supply all necessary tools and equipment

at no cost to the employees to ensure that a proper job is performed.

ARTICLE 35 - PROTECTIVE CLOTHING

35.01 The Company will continue its present practice of providing employees with

face shields, sleeves, gloves, and smocks on an as needed basis.

ARTICLE 36 - UNIFORMS

36.01 The Company will continue its present practice of providing maintenance

employees with coveralls on an as needed basis.

ARTICLE 37 - NEW EMPLOYEE ORIENTATION

37.01 The employer agrees to acquaint new employees with the fact that a Collective

Agreement is in effect and with the conditions of employment set out in the

Articles dealing with Union Security and dues Checkoff. A new employee shall

be advised of the name and location of his/her union representative. The

employer agrees that a union representative will be given an opportunity to

42

meet with new employees within regular working hours, without loss of pay, for

fifteen (15) minutes sometime during the first thirty (30) days of employment.

The employer may require the union representative to meet with more than one

(1) employee at the same time.

ARTICLE 38 - HEALTH AND SAFETY

38.01 The company shall establish healthy and safe working conditions and shall take

all reasonable precautions to protect the health and safety of its employees.

The parties recognize that all workplace parties have a critical role to play in

ensuring that safe conditions prevail within the workplace, and that appropriate

and effective measures, both preventative and corrective, are taken to protect

the health and safety of employees.

The parties agree that they shall comply with the rules and regulations

established under the laws of the Province of Ontario in respect of occupational

health and safety.

38.02 The Joint Health and Safety Committee shall consist of four (4) members

selected by the employer and four (4) members selected by the union.

Alternates may be allowed, however, they shall only be used in the absence of

43

the members of the committee. There shall be two (2) co-chair persons, one (1)

from the employer and one (1) from the union.

The Health and Safety Committee shall meet during regular working hours at

least once each month. Where meetings are urgently required as a result of an

emergency or other special circumstances, the committee shall meet as

required.

A member of the committee is entitled to such time from work as is necessary

to attend meetings of the committee and time so spent shall be deemed to be

work time for which the member shall be paid by the employer at the member's

regular or premium rate as may be proper.

Members of the committee shall be certified at the expense of the employer.

38.03 The Health and Safety Committee shall have the following responsibilities:

(a) it shall participate in all inquiries and investigations pertaining to lost time

injuries or accidents;

(b) identify situations that may be a source of danger or hazard to workers;

(c) identify potential or existing hazardous materials, processes or

equipment;

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(d) obtain information from the employer concerning the conducting or

taking of tests of any equipment, machine, device, article, thing, material

or biological, chemical or physical agent in or about the workplace for the

purposes of occupational health and safety;

(e) the union co-chair is entitled to be present at the beginning of testing

conducted with respect to industrial hygiene at the workplace;

(f) it shall have the access to all government and employer reports relating

to the health and safety of bargaining unit employees but shall not have

access to the medical record of any person except with the consent of

that person;

(g) it shall ensure that adequate records are kept on workplace accidents,

injuries, and health hazards and it shall regularly monitor data relating to

those accidents, injuries, and hazards

(h) upon receiving written recommendations from the committee, the

employer shall respond in writing within twenty-one (21) days;

45

(i) should the employer decide that action is required with respect to the

recommendations, the employer's reply shall include a timetable for

implementing such action;

m the employer will allow one (1) hour or such longer period of time as the

committee determines is necessary to prepare for each committee

meeting;

(k) the committee shall inspect the physical condition of the workplace once

a month. The workplace inspection shall be conducted at a mutually

agreed to time;

(I) the employer shall post the name and work locations of the union health

and safety representatives, in a conspicuous place where they will likely

come to the attention of bargaining unit employees.

38.04 An employee has the right to refuse to do particular work if he/she has

reasonable grounds to believe that performance of this work will endanger

his/her health, safety or physical well being or may similarly endanger another

employee.

38.05 The company agrees to abide by the Hot Environment Policy - HKHSPT-57-

01.01.

46

ARTICLE 39 - WAGES AND CLASSIFICATIONS

39.01 Job classifications, rates of pay, and related conditions of employment are set

out in Schedule "An hereto and form an integral part of this collective

agreement.

39.02 Effective October 14th, 2010 the rates of pay will be increased by twenty cents

(.20¢). as set out in Schedule "An for bargaining unit members who are not

certified maintenance technicians. Refer to article 39.05.

39.03 Effective October 14th, 2011 the rates of pay will be increased by twenty-five

cents (.25¢). as set out in Schedule "An for bargaining unit members who are

not certified maintenance technicians. Refer to article 39.05.

39.04 Effective October 13th, 2012 the rates of pay will be increased by thirty cents

(.30¢). as set out in Schedule "An for bargaining unit members who are not

certified maintenance technicians. Refer to article 39.05.

39.05 Effective October 13, 2007, Maintenance I technician with a less than 5 year

certificate of trade (electrician, plumber, machinist, welder, (etc), will be paid

twenty-two dollars per hour ($22).

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Effective October 13, 2007, Maintenance II technician with a 5 to 10 year

certificate of trade (electrician, plumber, machinist, welder, (etc), will be paid

twenty-four dollars per hour ($24).

Effective October 13, 2007, Maintenance III technician with a greater than 10

year certificate of trade (electrician, plumber, machinist, welder, (etc), will be

paid twenty-six dollars per hour ($26).

Any of the above Maintenance Technicians I, II, or '" with a lead responsibility

will be paid an additional add two dollars per hour($2).

Without a current Canadian certificate we pay the current rates as per collective

Agreement.

39.07 The company will pay thirty-five cents (.35¢) per hour for an employee who is

asked to train. In a work cell of two (2) or more people, only the most senior

employee will receive the designated training rate .

ARTICLE 40 - RETIREMENT SAVINGS PLAN

40.01 The employer will continue the retirement savings plan that was in effect at the

time this Agreement was ratified.

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ARTICLE 41 - NATIONAL DAY OF MOURNING

41.01 The company agrees to allow employees one (1) minute's silence on April 28th

of each year in observation of those workers killed on the job.

ARTICLE 42 - INJURY ON THE JOB

42.01 An employee who is injured during working hours and who is required to

leave for treatment or is sent home as a result of such injury shall receive

payment for the rest of the shift at his/her regular rate of pay.

ARTICLE 43 - BENEFITS

43.01 The Employer will continue to provide the following benefits subject to the

applicable waiting periods and yearly deductible:

Benefit Summary:

Employee Life Insurance

Benefit Amount - 1.5 times your annual earnings rounded to the nearest $1,000, if not already a multiple thereof, to a maximum of $200,000

Termination Age - your benefit amount terminates at age 70 or retirement, whichever is earlier.

Accidental Death and Dismemberment

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Benefit Amount - 2 times your annual earnings, rounded to the next higher $1,000, if not already a multiple thereof, to a maximum of $200,000

Termination Age - your benefit amount terminates at age 70 or retirement, whichever is earlier.

Extended Health Care

Overall Benefit Maximum - Unlimited

Deductible - $50 Individual, $100 Family, per calendar year

Not applicable to:

• Hospital Care • Out-of-Province/Canada Emergency Medical Treatment

Note: The deductible is not applicable to ManuAssist.

Drug Dispensing Fee Maximum - $7.00 per prescription

Benefit Percentage (Co-insurance)

100% for - Hospital Care - Medical Services & Supplies - Professional Services - Vision

80% of the first $10,000 of paid Drug claims and 100% thereafter

Note: The Benefit Percentage for Out-of-Canada Emergency Medical Treatment is 100%.

The Benefit Percentage for ManuAssist is 100%.

Termination Age - employee's retirement

Direct Drugs

Charges incurred for the following expenses are payable when prescribed in writing by a physician or dentist and dispensed by a licensed pharmacist.

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• drugs or medicines for the treatment of an illness or injury, which by law or convention require the written prescription of a physician or dentist

• oral contraceptives, intrauterine devices and diaphragms • injectable medications • life-sustaining drugs • preventive vaccines and medicines (oral or injected) • diabetic supplies (excluding cotton swabs, rubbing alcohol, automatic jet

injectors and similar equipment)

Charges for the following are not covered:

• the administration of injectable medications • drugs, biologicals and related preparations which are intended to be

administered in hospital on an in-patient or out-patient basis and are not intended for a patient's use at home

• drugs used in the treatment of a sexual dysfunction

Drug Maximums

• Fertility drugs - $15,000 per lifetime • Anti-smoking drugs - $300 per lifetime • All other covered drug expenses - Unlimited

Vision Care

• eye exams, $75 per 24 consecutive months • purchase and fitting of either single vision, bifocal or trifocal prescription

glasses or elective contact lenses, as well as repairs, or elective laser vision correction procedures.

• Single vision glasses, elective contact lenses or elective laser vision correctio , procedures are covered to a maximum of $200 per 24 months.

• Bifocals or trifocals are covered to a maximum of $265 per 24 months. Safety glasses and non-corrective sun glasses are not covered under this plan.

Professional Services

Services provided by the following licensed practitioners:

• Chiropractor - no maximum per visit to a. maximum of $500 per calendar year, including $25 per calendar year for x-rays

• Osteopath - no maximum per visit to a maximum of $500 per calendar year, including $25 per calendar year for x-rays

51

• Podiatrist/Chiropodist - no maximum per visit to a maximum of $500 per calendar year, including $25 per calendar year for x-rays

• Massage Therapist - no maximum per visit to a maximum of $500 per calendar year. Physician's referral is required each calendar year.

• Speech Therapist - no maximum per visit to a maximum of $500 per calendar year

• Physiotherapist - no maximum per visit to a maximum of $500 per calendar year • Psychologist - no maximum per visit to a maximum of $500 per calendar year • Naturopath -no maximum per visit to a maximum of $500 per calendar year,

including $25 per calendar year for x-rays

Dental Care

Deductible - Nil

Dental Fee Guide

Current Fee Guide for General Practitioners and Specialists for your Province of Residence.

Benefit Percentage (Co-insurance) - 80% for Level I - Basic Services - 80% for Level II - Supplementary Basic Services - 80% for Levell!! - Dentures - 80% for Level IV - Major Restorative Services - 50% for Level V - Orthodontics

Note: Employees with less than one year of service are only eligible for Level I and Level II Services.

Benefit Maximums

• $2,000 per calendar year combined for Levell and Level II • $1,500 per calendar year combined for Level III and Level IV • $3,000 per lifetime for Level V

Termination Age - employee's retirement

Short Term Disability

The Short Term Disability Benefit is administered by an independent Third Party on behalf of IPEX Inc.

52

Benefit Amount - 66.6% of weekly earnings

Qualifying Period - none, if the disability is due to an accident; 4 calendar days, if the disability is due to a sickness

If hospitalized due to sickness prior to the end of the Qualifying Period, benefits are payable from the first day of hospitalization.

Maximum Benefit Period

• For Employees with less than 3 years of service - 16 weeks • For Employees with at least 3 years of service - 26 weeks

Termination Age - the earlier of your attainment of age 70, your retirement, or termination of employment.

43.02 The employer agrees to maintain a four (4) day wait period for short-term

income replacement benefits, as per the previous agreement.

ARTICLE 44 - PREGNANCY. PARENTAL. ADOPTION. AND CHILD-BIRTH LEAVE

44.01 The employer will grant pregnancy leave, parental leave, adoption leave, and

child-birth leave in accordance with the terms of the Ontario Employment

Standards Act.

ARTICLE 45 - TEMPORARY TRANSFERS

45.01 The Company may temporary transfer employees to other classifications

providing the following conditions are met:

(a) the union representative in the department to which the employee is transferred

is advised in advance of the temporary transfer;

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(b) the period of the temporary transfer will not exceed thirty (30) working days

unless extended with the mutual consent of the union, employer, and affected

employee;

(c) the employer will not use a temporary transfer to circumvent the job posting or

recall provisions of this agreement;

(d) temporary vacancies in excess of thirty (30) working days will be filled through

the job posting procedure, and will indicate that the vacancy is temporary;

(e) an employee who fills such a temporary position will be allowed to return to

his/her classification without loss of seniority at the end of the temporary

transfer;

(f) in the event the temporary transfer is to a lower-rated classification, the

employee will retain his/her regular rate of pay;

(g) in the event the temporary transfer is to a higher-rated classification, the

employee will receive the three (3) year rate for the job to which the employee

is transferred.

ARTICLE 46 - LEAD HANDS

46.01 The company in its sole discretion shall determine whether or not lead hands

shall be utilized and, if utilized, the number of lead hands. Lead hands shall be

54

appointed to, selected for, or removed from such positions at the sole discretion

of the company.

ARTICLE 47 - FIRST AID

47.01 The company will provide first aid training to at least two (2) employees on each

shift.

ARTICLE 48 - MEDICAL CERTIFICATES

48.01 Where the company requires an employee to produce a medical certificate to

substantiate an absence or to assist the employer in assessing its duty to

accommodate, the company will pay the full cost of acquiring such a certificate.

ARTICLE 49 - TOOLS AND SAFETY BOOT ALLOWANCE

49.01 All bargaining unit employees must wear CSA approved safety boots, with steel

toes and steel shanks. For employees who have completed their probationary

period, the company will contribute one hundred and fifty dollars ($150.00) in

each year of the agreement for the purchase of such safety footwear. In order

to receive the above contribution, the employee must provide the employer with

proof of purchase.

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49.02

(a) Safety glasses must be worn in all designated areas of the plant. The company

will provide all employees with one (1) pair of safety glasses, and reasonable

replacements, at no cost. If safety glasses need to be replaced due to loss or

damage due to neglect, the employee will be responsible for the" replacement

cost.

(b) Seniority employees that require single vision prescription safety glasses will be

reimbursed up to a maximum of one hundred dollars ($100.00) every twenty­

four (24) months for such glasses. Seniority employees' who require bifocal

lenses or progressive lenses, will be reimbursed to a maximum of one hundred

and ten dollars ($110.00) every twenty-four (24) months. To receive either of

the above reimbursements, the employee must produce a receipt from the

company's approved supplier. Prescription safety glasses must include fixed

side shields.

ARTICLE 50 - WORK BY NON-BARGAINING UNIT PERSONS

50.01 Persons not covered by this Agreement shall not perform work normally

performed by employees in the bargaining unit, except for the purpose of

training, instruction, experimentation, troubleshooting, or where a scheduled

employee is not available to do the work.

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ARTICLE 51 - TRAINING. RE-TRAINING. AND REFRESHER COURSES

51.01 Training, Re-training, and Refresher Courses:

(a) Where the employer requires employees to attend approved training,

retraining, and refresher courses at the workplace. Such training,

retraining, and refresher courses, shall, when possible, be held during

regular working hours at straight time rates. in the event that required

training, retraining and refresher courses take place outside an

employees' regular working hours, the employees shall be paid at the

applicable overtime rate.

(b) The Company will provide a reasonable transportation, room and board

per diem, to employees who are required by the Company to attend

approved training, retraining, or refresher courses at locations other than

the workplace.

ARTICLE 52 - TRADE LICENCES

52.01 Where the company requires an employee to upgrade or renew a licence that

the company requires the employee to hold, the company will reimburse the

employee for the full licence or upgrade fee.

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ARTICLE 53 - TUITION FEES

53.01 It is the policy of the company to encourage employees to expand their

knowledge, improve their job skills and prepare for future growth within the

company.

A seniority employee who wishes to enrol in a course of education and/or

training relevant to the employee's work or career within the company should

make application for approval, in advance of registration, to the Director of

Sustainable Market Development. The employee should complete and submit a

"Tuition Refund" form. If the course of education and/or training is approved,

and upon proof of successful completion of the course, the employee will be

reimbursed one hundred percent (100%) of the tuition fee for the course.

Employees that leave the employ of the company on their own accord less than

two (2) years after completing the course, shall be obliged to reimburse the

company for the cost of the tuition refund. Purchase of books or related

materials are the employee's responsibility and will not be reimbursed.

ARTICLE 54 - DURATION OF AGREEMENT

54.01 This Agreement shall become effective on the 14th day of October, 2010 and

shall remain in full force and effect and shall not be reopenable, save and

58

except as otherwise herein expressly provided until the 13th day of October,

2013.

54.02 Notice that amendments are required shall only be given during the period of

not more than ninety (90) calendar days, and not less than thirty (30) calendar

days prior to the expiry of this Agreement and during similar annual periods

thereafter. If notice of desire to amend this Agreement is given by either party,

in accordance with the foregoing, the other party agrees to meet for the

purposes of negotiation.

ARTICLE 55 - SUBSTANCE ABUSE REPRESENTATIVE

55.01 Effective upon ratification of this Collective Agreement, the company agrees to

pay three cents (.03¢) for each hour worked by bargaining unit employees to a

fund to be established by the Local Union. The purpose of this fund will be to

allow the Local Union to put in place a full-time substance abuse representative

who will work out of the union office. Should the substance abuse

representative come from the bargaining unit, he/she shall be granted a leave

of absence, with full accumulation of seniority for the duration of time that

he/she performs the job of substance abuse representative.

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DATED AT TORONTO, ONTARIO, THIS _ DAY OF ____ , 2008.

HAMILTON-KENT INC. CAW-CANADA AND ITS LOCAL 252

Henry Flattery, Director of Sustainable Market Sukhvinder Johl, National Rep Development

Patrick van den Berg, Plant Manager Toronto Abbot Harvey, Local 252 President

Armstrong Boateng, Committee Chairperson

Philip Agyekum, Committee Person

Rene Elizabeth, Committee Person

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Schedule A

VV~I"A Rates Effective October 1 2010 - October 1

Position Start 3 Months 1 Year

$12.51 $13 .. 36 $13.91

$13.36 $13.91 $14.76

2011 Job Rate

$14.76

$15.41

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Schedule A

W:llftA Rates Effective October 1 2011· October 1 2012 1 Position Start 3 Months Job Rate Year

$12.76 $13.61 $14.16 $15.01

$13.61 $14.16 $15.01 $15.66

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Schedule A

W~loe Rates Effective October 1 2012 - October 1 20113

3 Months 1 Start Year

Job Rate

$13.06 $13.91 $14.46 $15.31

$13.91 $14.46 $15.31 $15.96

$14.46 $15.31 $15.66 $16.76

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SCHEDULE "A" (continued)

Leadhands

1. Extrusion Leadhands will be paid at Level 1 if they can operate one line

2. Extrusion Leadhands will be paid at Level 2 if they can operate two lines

3. Extrusion Leadhands will be paid at Level 3 if they can operate three lines

4. Maintenance Leadhands will be paid at a level commensurate with their skills and

qualifications as determined by the employer

BETWEEN:

64

LETTER OF UNDERSTANDING

HAMILTON-KENT INC. (Hereinafter called the "Employer" or "Company")

- and -

CAW-CANADA AND ITS LOCAL 252 (Hereinafter called the "Union")

RE: Former Employees

The employer agrees that former employees who are rehired, shall not be

required to serve a probationary period and shall receive the three (3) month rate as

their starting rate. Benefits will commence upon completion of three (3) months service.

DATED AT TORONTO, ONTARIO, THIS __ DAY OF ____ , 2010.

HAMILTON-KENT INC. CAW-CANADA AND ITS LOCAL 252

Henry Flattery, Director of Sustainable Market Sukhvinder Johl, National Rep Development

Patrick van den Berg, Plant Manager Toronto Abbot Harvey, Local 252 President

Armstrong Boateng, Committee Chairperson

Philip Agyekum, Committee Person

Rene Elizabeth, Committee Person