UNITED FOOD AND COMMERCIAL WORKERS CANADA, …...positive environment for employees free from...

BETWEEN

MINE, MILL AND SMELTER WORKERS• UNION - LOCAL 598/UNIFOR

(OFFICE)

Q) unrroR

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

TERM: April 1, 2015 to March 31, 2018

ARTICLE INDEX PAGE

1. SCOPE ................................................................................................................ 1 2. RECOGNITION .................................................................................................... 1 3. NO DISCRIMINATION ......................................................................................... 2 4. UNION SECURITY .............................................................................................. 4 5. MANAGEMENT RIGHTS ..................................................................................... 5 6. NO CESSATION OF WORK ................................................................................. 5 7. REPRESENTATION ............................................................................................ 6 8. ADJUSTMENT OF GRIEVANCES ...................................................................... 6 9. SENIORITY .......................................................................................................... 8 1 0. TRANSFERS ..................................................................................................... 1 0 11. LEAVES OF ABSENCE ..................................................................................... 11 12. HOURS OF WORK & OVERTIME ..................................................................... 11 13. WAGES AND CLASSIFICATIONS ..................................................................... 12 14. REGULAR VACATIONS ..................................................................................... 12 15. SPECIAL LEAVE ............................................................................................... 13 16. PAID HOLIDAYS ............................................................................................... 14 17. WELFARE .......................................................................................................... 15 18. CANADIAN COMMERCIAL WORKERS INDUSTRY PENSION PLAN ............. 15 19. COST OF LIVING ALLOWANCE ....................................................................... 15 20. CANADA PENSION PLAN ................................................................................. 16 21. PREGNANCY/PARENTAL LEAVE .................................................................... 16 22. BEREAVEMENT ................................................................................................ 17 23. CHRISTMAS GIFT ............................................................................................. 17 24. GENERAL .......................................................................................................... 17 25. JURY DUTY ....................................................................................................... 19 26. TERMINATION AND RENEWAL ....................................................................... 19

SCHEDULE "A"- CLASSIFICATION AND WAGES- FULL TIME ............................... 20 SCHEDULE "B"- SICKNESS AND ACCIDENT ........................................................... 21 APPENDIX "1"- PART-TIME EMPLOYEES ................................................................. 22

LETTER OF AGREEMENT #1, Re: Technological Change ........................................ 24 LETTER OF AGREEMENT #2, Re: Cost of Living Allowance (COLA) (Office) ........... 25 LETTER OF AGREEMENT #3, Re: Vacation Pay (Article 14) .................................... 26 LETTER OF AGREEMENT #4, Re: Christmas Bonus (Retirees) ................................. 27 LETTER OF AGREEMENT #5, Re: Retirees .............................................................. 28 LETTER OF AGREEMENT #6, Re: UFCW Charity Fund (Leukemia) ......................... 29 LETTER OF AGREEMENT #7, Re: Arbitration ............................................................ 30

BETWEEN:

AND:

COLLECTIVE AGREEMENT

OFFICE

MINE, MILL AND SMEL TEA WORKERS' UNION - LOCAL 598/UNIFOR (hereinafter called "the Employer")

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (hereinafter called "the Union")

WHEREAS by a certificate issued by the Ontario Labour Relations Board, dated the tenth (1Oth) day of October, 1963, the Union is certified as the bargaining agent of all the office employees of the Sudbury Mine Mill and Smelter Workers Union, Local 598, of the Canadian Union of Mine Mill and Smelter Workers, save and except office superintendent and persons above the rank of office superintendent.

AND WHEREAS it is the intent and purpose of the Union and the Employer to further harmonious industrial relationships between the Employer and its employees.

NOW THEREFORE this Agreement witnesseth that the parties hereto hereby agree as follows:

ARTICLE 1 ~ SCOPE:

1.01 The word "employee" wherever used in this Agreement, shall mean all of the part-time or full-time employees of the Employer as applicable, male or female, regularly employed in the General Offices, as defined in the Ontario Labour Relations Board Certificate.

ARTICLE 2- RECOGNITION:

2.01 The Employer, Mine Mill and Smelter Workers Union Local 598 UNIFOR, 2550 Richard Lake Drive, in the Greater City of Sudbury, recognizes that the United Food and Commercial Workers Canada, Local 175 as the sole collective bargaining agency for all employees with respect to rates of pay, hours of work, and other conditions of employment.

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ARTICLE 3- DISCRIMINATION/HARASSMENT:

3.01 UNION MEMBERSHIP

The Employer and the Union agree that there will be no discrimination, interference, restraint, harassment or coercion exercised or practiced by either of them or by any of their representatives with respect to any employee because of his or her membership or non-membership in the Union or because of his or her activity or non-activity in the Union.

ONTARIO HUMAN RIGHTS CODE

The Employer and the Union agree that there shall be no discrimination, interference, restraint, coercion or harassment, as defined by and within the meaning of the Ontario Human Rights Code, exercised or practiced by either of them or by any of their representatives with respect to any employee reason of age, sex, marital status, race, creed, colour, national origin, disability, sexual orientation, or on any grounds prohibited under the Ontario Human Rights Code. The defences and limitations to the prohibited grounds of discrimination under the Ontario Human Rights Code shall apply.

Joint commitment in respect to discrimination and harassment on the prohibited grounds under the Human Rights Code, Bullying, Workplace Harassment and Workplace Violence under the Occupational Health and Safety Act.

(a) The Employer and the Union are committed to providing a positive environment for the staff free from discrimination and harassment as prohibited under and within the meaning of the Ontario Human Rights Code.

(b) The Employer and the Union are committed to providing a positive environment for employees free from bullying. Depending upon the circumstances, bullying may be a form of harassment or discrimination prohibited under the Ontario Human Rights Code or a form of workplace harassment or workplace violence under the Occupational Health and Safety Act (Bill 168 "Workplace Violence and Harassment").

Bullying is defined as a repeated, continuous behaviour, as opposed to a single negative act that is known or ought to be known to be unwelcoming and intimidates, offends, degrades or humiliates an individual.

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Bullying may also be known as mobbing, abuse, workplace aggression, violence, victimization, and social undermining.

(c) The Employer and the Union are committed to providing a positive environment for employees free from workplace harassment and workplace violence within the meaning of the Occupational Health and Safety Act ( Bill 168 " Workplace Violence and Harassment")

(i) "Workplace Harassment" is defined under the Occupational Health and Safety Act as:

"engaging in a course of vexatious comments or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome"

(ii) "Workplace Violence" is defined under the Occupational Health and Safety Act as:

• The exercise of physical force by a person against an employee in a workplace, that causes or could cause physical injury against a worker;

• An attempt to exercise physical force against an employee in a workplace, that causes or could cause physical injury to the worker; or

• A statement or behaviour that it is reasonable to exercise physical force against a worker in a workplace that could cause physical injury to the worker.

Where a bargaining unit member complains of discrimination or harassment under the Ontario Human Rights Code, or bullying or workplace harassment or workplace violence as defined in Bill 168.

For clarity, harassment, discrimination and bullying do not include occasional difference of opinion between employees or nonaggressive employee conflicts or properly discharged supervisory actions occasioned in good faith and in accordance with the provisions of the Collective Agreement, including the delegation and monitoring of work assignments, performance and/ or the assessment of discipline.

The Employer and the Union agree that an employee who in good faith lodges a complaint of discrimination or bullying or workplace

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violence or who participates in good faith in an investigation of such a complaint is entitled to protection against retaliation or reprisal.

The Employer and the Union further acknowledges that the pursuit of frivolous allegations of harassment, discrimination, bullying or violence through the complaint procedures have a detrimental effect on the spirit and intent for which the complaint procedures were rightfully developed and therefore is unacceptable. It is also agree that an employee who submits frivolous complaints or a fraudulent complaint may be the subject of a complaint under this Article and may be the subject of disciplinary action.

ARTICLE 4- UNION SECURITY:

4.01 Each week the Employer shall deduct an amount equal to the Union's regular weekly dues from the pay cheque of each employee in the bargaining unit. Such deduction shall also be made from each employee's vacation pay.

All such deductions shall be sent to the Union on a monthly basis by the fifteenth (15th) day of the month following the month in which deductions are made.

The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Employer will provide the following information: as known to the Employer.

a. S.I.N. b. Employee number, if applicable c. Full name (last/First/Initials) d. Full address, including City and Postal Code e. Telephone number (including area code) f. Date of hire g. Rate of pay h. Classification i. Full-time or part-time designation j. Union dues deducted (or the reason a deduction was not

made). If dues are deducted weekly, report requires five (5) columns for reporting

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k. Total dues deducted I. Back dues owing m. Vacation pay breakdown of dues owing n. Initiation fees deducted o. Total initiation fees deducted

4.02 The Union and the Employer further agree that all employees of the Employer at 1st day of June, 1979 shall, as a condition of each employee's continued employment, become members of the Union in good standing within a period of thirty (30) days and that all employees hired by the Employer subsequent to 1st day of June, 1979 shall, as a condition of continued employment, become members of the Union within a period of thirty (30) days of their date of employment, and shall have deducted from their pay an Initiation Fee in the amount and manner specified by the Union's By-Laws. Such initiation fees shall be remitted to the Union in the same manner as Union Dues, referred to above.

4.03 There shall be no contracting out of work to persons not covered by this agreement, when such work can be performed by bargaining unit employees or if such contracting-out would result in the displacement of bargaining unit employees, in any way.

4.04 The Employer agrees to show on each employee's Annual T-4 slip, the full amount of Union Dues paid by such employee during the previous calendar year.

4.05 The Employer shall forward to the Union a list of employees' names, addresses and phone numbers by January 15th of each year.

ARTICLE 5- MANAGEMENT RIGHTS:

5.01 The Union agrees that the Employer has the exclusive right to manage the offices, to direct the working forces, to hire, promote, transfer, lay-off, and to suspend or discharge employees for just cause, provided, however, that the Employer agrees that any exercise of these rights and powers in conflict with any of the provisions of this Agreement, shall be subject to the provision of the grievance procedure.

ARTICLE 6- NO CESSATION OF WORK:

6.01 Neither the Union nor any employee shall take part in or call or encourage any strike, sit-down, slow-down or any suspension of work against the Employer nor shall the Employer engage in any lockout.

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ARTICLE 7- REPRESENTATION:

7.01 The Employer agrees to recognize one (1) union steward and one (1) alternate steward as appointed by the Union for the purpose of handling grievances and attending meetings with the Employer in the administration of this agreement on behalf of the employees covered hereunder.

7.02 The steward shall be allowed the necessary time off work without loss of pay for the purpose of processing grievances during working hours provided:

(a) they obtain prior consent from the Employer which shall not be unreasonably withheld;

(b) such time off shall be of reasonable length and shall not unduly impair the efficient operation of the business;

(c) the union steward shall upon request by the Union Office, given at least two (2) work days notice, in advance, be allowed off work for up to two (2) hours, once per month without pay, to attend to union business for which the Union requires their presence away from the Employer's premises.

7.03 No individual member or group of members shall undertake to represent the local union at a meeting with the Employer without prior authorization by the local union.

7.04 The Employer agrees that a full-time representative of the Union or the International Union after contacting the Employer may enter the premises during hours of work to interview employees dealing with alleged violations of the collective agreement being processed under the grievance procedure contained herein. It is agreed that such business will be timed to cause as little disruption as possible to the normal conduct of the Employer's business.

ARTICLE 8 - ADJUSTMENT OF GRIEVANCES:

8.01 Should any difference arise between the Employer and the Union or any of the employees as to the interpretation, application, administration or alleged violation of the provisions of this Agreement, an earnest effort shall be made to settle such difference without undue delay in the following manner:

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STAGE ONE

The Employee concerned accompanied by the Union Steward employed by the Employer, or a Union Representative, may within fourteen (14) calendar days of the alleged grievance, take the matter up with the President who shall give an answer within forty-eight (48) hours. Should the Employee feel that his grievance has not been satisfactorily settled, then:

STAGE TWO

A Committee comprised of not more than one (1) Union representatives and not more than two (2) employees of the Employer, will on behalf of the Employee, present the grievance, in writing, to the Employer's Grievance Committee, who shall discuss the matter with such Committee and give their decision, in writing, not later than three (3) days after the written presentation has been given to it. If a satisfactory settlement of the grievance is not reached, it may then be dealt with as hereinafter provided.

ARBITRATION

GENERAL

Should the Employer and the Grievance Committee fail to reach agreement upon any grievance dealt with by them, then either party may refer it to Arbitration. The Employer and the Union shall endeavor to choose a mutually acceptable Arbitrator who shall hear the arbitration. Should the Employer and the Union fail within thirty (30) calendar days to agree on an Arbitrator, an application shall be made by the Employer, the Union or jointly by both parties for the appointment of an Arbitrator as provided by the appropriate labour legislation in the Province of Ontario. The decision of the Arbitrator shall be final and binding on both parties. It is understood and agreed that the Arbitrator has no authority to alter, modify or annul any part of this Agreement. Each party shall pay one-half of the fees and expenses of the Arbitrator.

Specific time and meetings shall be agreed upon by the Union and the Employer for the consideration of any disputes or other matters to be dealt with under the provisions of this section, provided however, that matters pertaining to the discharge of employees or other matters which cannot reasonably be delayed until the time of such regular meetings may be considered at an earlier date. Matters to be dealt with under the provisions of this section shall normally be discussed outside of working hours.

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The time limits mentioned above may be extended by mutual agreement of the parties.

Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or alleged violation of this Agreement, may be submitted by either party to the other at Stage Two of the grievance procedure.

In the case of a wage grievance, the matter shall be taken up within fourteen (14) calendar days after the employee receives his or her pay cheque for the period in which the grievance occurred.

In the event that any employee be discharged from his or her employment after the date hereof, and believes that his/her discharge is without just cause, such discharge may be taken up at Stage Two of the grievance procedure within seven (7) calendar days. In the event that it should be found that an employee has been discharged without just cause, such employee shall be reinstated to his/her job without loss of seniority, and such employee shall be compensated for all time lost.

ARTICLE 9- SENIORITY:

9.01 Seniority is the principle of granting preference to employees for promotions, demotions, transfers, lay-offs and rehiring after lay-offs in accordance with the employee's length of service with the Employer, and all other matters.

9.02 APPLICATION OF SENIORITY

In all cases of promotions, demotions, transfers, lay-offs and rehiring after lay-offs, the Employer shall consider the following two factors in determining the privilege of the employees:

(a) the seniority ranking of the employees affected and

(b) the ability of the individual to fulfill the normal requirements of the job.

Whenever a vacancy or new position occurs within the bargaining unit, the employees then employed shall have first choice for such vacancies or new position.

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9.03 PROBATIONARY PERIOD

An employee shall be on probation for the first (60) calendar days of his or her employment and during such probationary period shall have no recourse to the grievance procedure. Upon completion of the probationary period the employee's seniority shall be computed from the first day of employment.

9.04 SENIORITY LISTS

A list showing the seniority dates for each employee will be prepared and maintained by the Employer. The list shall be revised by the Employer and brought up to date at least once during each 6 month period, and a copy shall be forwarded to the Union. Such list shall be subject to the grievance procedure.

9.05 LAYOFF NOTICES

(a) in case of layoffs for lack of work, an employee shall be given one month's notice per years of service, or one week's pay in lieu of such notice;

(b) in case of layoff for lack of work, of a part-time employee, an employee shall be given two (2) week's notice, or two (2) week's pay in lieu of such notice.

9.06 SENIORITY IN RECALL

From the date of layoff for lack of work, an employee shall keep his or her seniority equal to his or her seniority at date of layoff, or twelve (12) months, whichever is greater, and be entitled to re-call before other permanent help is hired, provided that such employee makes himself/herself available within fourteen (14) calendar days after the mailing of a notice to return to work by the Employer, which notice shall be sufficient if sent by registered mail to the employee's address last recorded with the Employer.

In the event that an employee receiving such recall notice signifies a reason acceptable to the Employer for not being able to report to work within fourteen (14) calendar days, the Employer shall accept such Employee without loss of seniority privileges.

Employees who are on layoff shall have preference to any part-time or casual work which is available provided that such employee can perform the normal requirements of the job.

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An employee who is on layoff and does not accept such part-time or casual work shall forteit his or her right to any further part-time or casual work.

9.07 BREAK IN SERVICE

A break in service shall be deemed to have occurred if an individual employed by the Employer:

(a) quits;

(b) is discharged and such discharge is not reversed through the grievance procedure;

(c) fails to return to work after completion of a leave of absence which has been granted by the Employer unless a reason acceptable to the Employer is given by the employee for his inability to return. Such reason to be given to the Employer in writing by the employee;

(d) fails to return to work after fourteen (14) calendar days of a recall notice terminating his or her lay-off unless a reason acceptable to the Employer is given by the employee for his or her inability to return. Such reason to be given to the Employer in writing by the employee;

(e) works for some other Employer while on sick leave;

(f) works for some other Employer except the Union on a granted leave of absence.

ARTICLE 10- TRANSFERS:

10.01 If an employee is permanently transferred to a lower rated job in lieu of a layoffs, he or she will receive no less than the maximum rate of the lower rated job.

10.02 If an employee is transferred to a lower rated job in lieu of a layoff, he or she shall retain his or her former rate for a period of ten (1 0) days.

10.03 Any employee who is temporarily assigned to work in a classification carrying a lower rate of pay shall be paid the rate of pay for the classification from which he or she was assigned.

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1 0.04 An employee transferred to a higher rated job shall start at no less than his/her former rate of pay or the minimum rate of the new job, whichever is higher.

ARTICLE 11 -LEAVE OF ABSENCE:

11.01 In accordance with the requirements of operation the Employer will upon request by the Union made one week in advance, grant leave of absence (not to exceed 21 days) for one employee, who may be elected to attend the Convention or Conferences of the Union.

11.02 The Employer may on application of the Union given three (3) weeks in advance, grant leave of absence to any employee who may be selected to fill an office or act in any capacity for the Union.

11.03 The Employer also agrees to consider requests for leave of absence by an employee, for any other legitimate reason.

11.04 Such granted leaves of absence shall be in writing and signed in triplicate by the Employer and the Employee. One copy shall be retained by the Employer, one by the Employee, and one copy forwarded to the Union.

11 .05 Such granted leaves of absence shall be without pay and leaves of absence for Union business shall not cause any loss of seniority rights.

ARTICLE 12 - HOURS OF WORK AND OVERTIME:

12.01 (a) The work week shall be Monday to Friday. The regular work week shall consist of thirty-five (35) hours per week.

(b) Notwithstanding the above, during the months of June, July, August, and September, current full-time employees who apply shall be allowed to bank some of their additional weekly hours to be used to have either a Monday or a Friday off for every seven (7) hours banked. Such days off to be allowed by seniority.

12.02 All time worked in excess of seven (7) hours in one day shall be paid for at a rate of time and one-half.

All work performed on Saturday and/or Sunday shall be paid for at the rate of double time or the employee shall be allowed an additional day off with pay to be taken during a mutually agreeable time.

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12.03

12.04

12.05

Overtime shall be distributed equally among the employees provided they are willing and able to perform the work required.

If any employee is called out to work for any reason other than his regular shift, he shall be paid a minimum of four (4) hours' pay at his regular rate.

It is expressively understood that the Employer does not guarantee to provide work for any employee or to maintain the working schedule or working hours presently in force.

ARTICLE 13- WAGES:

13.01

13.02

13.03

The classification and wage rates contained in Schedule "A" of this Agreement shall remain in effect for the term of this Agreement.

Pay day to be every second Tuesday.

Before any new classifications are established within the bargaining unit, the Employer agrees that a notice of its intention will be made available to the Union and that upon request by the Union within ten (1 0) days of such notice the Employer will meet with the Union. Any adjustments in rates arising from such discussions will become effective from the date the Union and the Employer met to discuss the new classification.

ARTICLE 14- REGULAR VACATIONS:

14.01

14.02

14.03

6 months 1 year 3 years 8 years 15 years 20 years 25 years

1 week 2 weeks 3 weeks 4 weeks 5 weeks 6 weeks 7 weeks

Employees will receive 2% of his or her total earnings from the previous calendar year or one week's regular wages (whichever is greater) for every week of regular vacation taken. Total earnings shall include C.O.L.A. paid but shall not include payments in lieu of pension benefits.

Effective January 1, 2012, all full-time employees will receive a bonus of two hundred fifty ($250.00) dollars each week of regular vacation taken.

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14.04 The Employer shall prepare and post the vacation schedule in sufficient time prior to the vacation periods to allow the employees to choose their vacation dates.

14.05 Choice of regular vacation dates will be granted to the employees on the basis of:

(a) the seniority of the employees;

(b) the efficiency of the employer's operation.

14.06 Employees may take up to two (2) weeks of their regular vacation on the basis of one (1) day at a time provided the employee gives the Employer seven (7) days advance notice of the desired days.

14.07 SPECIAL VACATION:

In addition to the regular vacation allowed each employee, each employee will be entitled to five (5) weeks special vacation with pay upon completion of five (5) years of service. This provision is effective January 1, 1982 and employees who have completed five years or more of service as of January 1, 1982 will immediately become entitled to the five weeks special vacation. Such vacation would be taken by mutual agreement at any time during the five years following entitlement, but shall not interfere with the regular vacation of another employee, nor shall the vacation bonus be payable on this special vacation.

14.08 Special vacations may be taken one day at a time by mutual agreement between the employee and the Employer.

ARTICLE 15 - SPECIAL LEAVE:

15.01 All employees with two (2) years of continuous service or more, who have not drawn any sick leave benefits during the previous calendar year shall receive one week special leave at 2% of his or her total earnings from the previous year.

15.02 Choice of special leave date shall be granted to the employees on the basis of:

(a) the seniority of the employees entitled to special leave;

(b) the efficiency of the employer's operation;

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(c) an employee's special leave will not interfere whatsoever with other employee's regular vacation regardless of seniority.

15.03 All employees who have completed three or more years of continuous service shall receive a special leave, to be the period between Christmas Day and New Year's Day at 2% of the employees total earnings from the previous year, however, only one employee shall be allowed to be absent at that time in any year, therefore the employees will rotate on a year by year basis, and the employee who is working in that period shall be entitled to another week, with pay, in lieu thereof.

ARTICLE 16- PAID HOLIDAYS:

16.01 The Employer agrees to observe the following legal holidays at regular pay:

16.02

16.03

16.04

16.05

16.06

16.07

New Year's Day Good Friday Civic Holiday Thanksgiving Day Boxing Day Family Day

Victoria Day Dominion Day Labour Day Christmas Day Easter Monday

All time worked on any of the above holidays shall be paid for at two and one-half times the regular rate.

Should any of the Statutory Holidays fall within an employee's vacation period, or during a period of illness, or on his regular day off, such employees shall be granted one day's pay provided they have worked within the thirty {30) day period immediately preceding such holiday.

In any event that any of the above holidays fall on Sunday, the day so declared as a Holiday in lieu thereof shall be recognized as the Holiday and the straight time or double time and one-half shall apply.

The Employer agrees to observe any statutory holidays at regular pay the government may declare beyond the ones in Article 16.01.

Employees with one ( 1) or more years of continuous service, shall be granted three (3) floating holidays with pay once every calendar year. These floating holidays will be used at a time mutually agreed upon between the Employer and the Employee by December 31st of any year.

After the completion of one ( 1) year of service the date for determining Paid Holiday entitlement shall be January 1st.

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ARTICLE 17- WELFARE:

17.01 The Employer agrees to pay 100% of the premium for all full time employees, and that there shall be no reduction of benefits for the life of the agreement as of April1, 2015.

17.02 All full-time employees shall receive seven (7) personal days for the life of the agreement. Employee can use the above days in half day periods.

ARTICLE 18- CANADIAN COMMERCIAL WORKERS INDUSTRY PENSION PLAN:

18.01 (a) It is the intent of the Employer to provide eligible bargaining unit employees of Mine Mill and Smelter Workers' Union/C.A.W. Local 598, with contributions towards the Canadian Commercial Workers Industry Pension Plan (C.C.W .I.P.P.) effective January 1, 1998.

(b) Effective September 151, 2010, the Employer agrees to pay $1.75

per hour on behalf of each employee based on 2080 hours per calendar year. Such $1.75 per hour presently pays for a pension benefit of $60.00 per month per year of service. The Employer agrees that they shall continue to make the hourly contributions in an amount that will ensure the employees continue to receive a retirement benefit of $60.00 per month per year of service.

ARTICLE 19 - COST OF LIVING ALLOWANCE:

19.01 A cost of living allowance will, if applicable, be paid to each employee as set out below. This allowance will be based on the Consumer Price Index (all items- base 1961 = 1 00) published by Statistics Canada (also referred to as the CPI) and will be calculated as follows:

(a) The CPI published for May 1984 shall be compared with the CPI published for March 1984 and effective by the pay period immediately following the publication of the March 1984 CPI, the allowance shall be one cent (01 ¢)for each zero point three five (0.35) point increase by which the March 1984 CPI exceeds the May 1984 CPI;

(b) Such allowance, if any, shall continue until the publication of the CPI for August 1984, at which time the August 1984 CPI shall be compared with the CPI published for June 1984 and effective the pay period immediately following the publication of the August 1984 CPI, the allowance shall be adjusted by one cent (01¢) per hour

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worked for each zero point three five (0.35) point increase by which the August 1984 CPI exceeds the June 1984 CPI;

(c) A similar comparison and adjustment shall be made there after on the basis of the CPI published every three months (3) apart during the remainder of the term of this Agreement;

(d) If there is a decrease in the CPI on the basis of the quarter to quarter comparison, the allowance shall be adjusted downward by using the formula mentioned above, but an employee's applicable hourly rate shall not be affected by any downward adjustment;

(e) The amount of the cost of living allowance in effect at any time shall not form part of an employee's applicable hourly rate and will not be included for the calculation of vacation pay in excess of the statutory requirements under the Employment Standards Act, 1970 R.S.O.;

(f) No adjustments retroactive or otherwise shall be made due to any revision which may later be made in the Consumer Price Index published by Statistics Canada;

(g) The continuance of the cost of living allowance shall depend upon the availability of the CPI calculated on its present basis and in its present form.

19.02 It is agreed between the parties that COLA currently paid and paid over the term of the Agreement shall be rolled into the wages on the basis of percentage of total paid on April 1st of each year.

ARTICLE 20 - CANADA PENSION PLAN:

20.01 The Employer agrees to pay the full cost of the Employer's share of the Canada Pension Plan.

20.02 The employees shall pay one hundred percent (1 00%) of the employee's contribution to the Canada Pension Plan.

ARTICLE 21 -PREGNANCY/PARENTAL LEAVE:

21.01 Employees shall be entitled to pregnancy/parental leave according to the Employment Standards Act of Ontario.

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ARTICLE22-BEREAVEMEN~

22.01

22.02

22.03

The Employer shall grant to an employee requiring leave by reason of death of his or her spouse or child, up to one (1) week with pay at his or her regular rate.

The Employer shall grant to an employee requiring leave by reason of death of his/her immediate family (mother, father, brother, sister, motherin-law, father-in-law, sister-in-law, brother-in-law, son-in-law and daughterin-law, grandparents and grandchildren) up to three (3) working days off without loss of pay for the purpose of attending the funeral.

The Employer will not unreasonably withhold his permission to grant additional time off without pay if such request is made in writing and providing the employee shows sufficient reason for such request.

ARTICLE 23 - CHRISTMAS GIFT:

23.01 A Christmas gift of $100.00 will be paid to all full-time employees on or before December 1st of each year.

ARTICLE 24- GENERAL:

24.01 BULLETIN BOARDS

The Employer agrees to provide space to allow the Union to post notices for meetings or Union activities, provided that the Union shall submit the said notice to the Employer for approval before they are posted.

24.02 REST PERIODS

All employees shall be granted two fifteen minute rest periods per day.

24.03 NOTICES TO BE MAILED

Any notices required to be sent to the Union hereinafter shall be effectively given when mailed to:

United Food and Commercial Workers Canada, Local 175, 230 Regent Street South, Sudbury, Ontario P3C 4C5

Such notices required to be given to the Employer shall be effectively given when mailed to:

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Recording Secretary, Mine Mill and Smelter Workers' Union - Local 598/Unifor, 2550 Richard Lake Drive, Sudbury, ON P3G 3AO.

24.04 CLOSURE:

Should the Employer close any of its operations, it shall pay to permanent full-time employees directly affected, a compensation pay equal to four (4) weeks' regular pay for each year of service, subject to the following:

(1) the employee has one (1) or more years of service on the day of closure;

(2) the employee is permanently laid-off and forfeits recall rights, on the day of closure;

(3) the employee shall not be entitled to such compensation pay if:

(a) he accepts alternative work for the Employer,

(b) he exercises his rights and displaces a junior employee;

(c) he has been on lay-off for more than three (3) months prior to the day of closure;

(d) the closure is by order of government (i.e. Ministry of Health, etc.).

24.05 BONUS PAYMENTS FOR EXTRA WORK PERFORMED

For doing errands on behalf of Mine Mill (kilometrage and parking) a flat monthly rate of forty ($40.00) dollars will be paid in lieu of keeping track of kilometres and receipts for parking.

24.06 HEALTH AND SAFETY

COMMITMENT

The Employer agrees to make every reasonable effort to provide and maintain a safe and healthy work environment.

The Union agrees to assist the Employer in maintaining a safe and healthy work environment.

Employees are responsible and have a role to play in ensuring objectives are met. Safe working practices must be observed by the employees.

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ARTICLE 25 -JURY DUTY:

25.01 An employee who is required to serve on a jury, or act as a Crown Witness, shall be paid the difference between the amount paid for such service (excluding expenses) and his regular hourly rate for the time lost from his regular schedule work shift by reason of such service.

ARTICLE 26- TERMINATION AND RENEWAL:

26.01 This Agreement shall be in force and effect from the 1st day of April, 2015 until the 31st day of March, 2018, and until all provisions of the Ontario Labour Relations Act have been expended.

Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement. The parties shall meet within fifteen (15) days of such notice being received.

The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union.

The parties hereto have executed this Agreement this_£_ day of 5/ppOer, 2016.

SIGNED FOR THE EMPLOYER: SIGNED FOR THE UNION:

0 z~· Jlr!ll ~ ANNE-MARIE MACINNIS K

Bargaining Committee Representative

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S C H E D U L E "A"

CLASSIFICATIONS AND WAGES

FINANCIAL CONTROLLER

EXECUTIVE ASSISTANT

$30.74

$29.66

A-1 Effective on April 1, 2015, a contract bonus of $600.00 shall be paid to each full-time employee covered by this Collective Agreement.

Effective on April 15\ 2016, a $600.00 contract bonus shall be paid to

each full-time employee covered by this Collective Agreement.

Effective on April 1st, 2017, a $600.00 contract bonus shall be paid to each full-time employee covered by this Collective Agreement.

A-2 Part-time employees shall be paid the following wages:

$16.50 per hour

The Employer agrees that when a part-time secretary works during a week in which she replaces a full-time secretarial staff, she shall receive the hourly rate of the full-time secretarial staff she is replacing.

A-3 As an incentive to promote assistance when the membership increases as the Employer plans to increase its membership, the Employer agrees that it will increase the full-time wage rate by one percent (1 %) for every ten percent (1 0%) increase in union dues paying members. The membership number shall be established as the number of dues paying members in place effective April 15

\ 2009.

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1.

S C H E D U L E "8"

SICKNESS AND ACCIDENT

Eligible employees who have been on the payroll of the Employer for two (2) years or more and who become confined because of illness or injury shall continue to receive their regular wages for lost time for a period of three (3) weeks beginning the -

1st day in the case of Accident; 4th day in the case of Sickness; 1st day in the case of Sickness if Hospitalized.

Such payment shall be limited to one, three (3) week period in any one, twelve (12) month period.

Should the illness or injury continue beyond the third week, an employee shall henceforth receive weekly indemnity payments in accordance with the following:

(a) the employee shall, beginning on the 1st day of the fourth week of disability up to the end of the 17th week of disability, receive 66.7% of his/her regular weekly wages up to a maximum of six hundred dollars ($600.00) per week;

(b) the Employer will provide a long term disability program which will provide, from the 1st day of the 18th week of disability to age 65, 66.7% of the employee's basic monthly earnings to a maximum monthly benefit of two thousand, five hundred dollars ($2,500.00) inclusive of all other income. The Employer shall endeavor to acquire a long term disability plan which shall not include offsets.

2. In the event that the Employer changes from the current insurance carriers to others, the language provisions in the master policy shall not provide lesser benefits than the ones currently in existence.

3. Employees with less than two (2) years of service will receive 2/3 of their regular wages beginning the first day in the case of accident; 4th day in the case of sickness; first day in the case of sickness if hospitalized; up to the end of the 17th week of disability. Thereafter, if the disability continues, the employee will be covered by Long Term Disability as provided under section I (b) of this Schedule.

4. Employees on sickness and accident will not lose any seniority.

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APPENDIX "1"- PART-TIME EMPLOYEES

(a) A part-time employee shall be any person who works for the Employer on a parttime, casual, temporary or spare basis and such person shall not work in excess of 24 hours per week, except in emergency situations; when relieving full-time employees absent due to vacations, sickness or accident, or leave of absence; or in other circumstances as may from time to time be agreed to between the Employer and the Union Committee.

If as a result of one of the above noted exceptions, a part-time employee works in excess of twenty-four (24) hours per week for three (3) consecutive months or more then said part-time employees shall be re-classified to the status of a fulltime employee on short hours with benefits.

(b) No part-time employee shall be employed except as outlined above but in no case shall part-time workers be employed to such an extent as to displace any of the full-time employees, or prevent the employing of full-time employees.

(c) Part-time employees shall enjoy seniority separate from the full-time employees, and shall be indicated separately on the seniority list.

(d) A part-time employee shall be on probation for sixty (60) working days and during such probationary period shall have no recourse to the grievance procedure. A working day shall mean any callout or scheduled shift regardless of the number of hours worked.

(e) After completion of the probationary period part-time employees shall have union dues deducted for any week in which they work for the Employer, in an amount prescribed by the Union, and the Employer shall remit them to the Union as provided for in Article 4 of this agreement.

(f) A part-time employee who may be transferred to full-time staff shall be credited with his or her part-time service on the basis of the number of thirty-five (35) hour weeks accruing from his or her total hours worked as part-time employees.

(g) Part-time employees shall be given preference to any full-time employment that may become available.

(h) Part-time employees shall be given as much notice of work requirements as is possible.

(i) Part-time who refuse to work, or is not available for work, without a valid reason shall be considered as discharged.

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(j) In addition to the above the following sections of the body of this agreement shall apply to the part-time employees:

1. Scope 2. Recognition

3. No Discrimination 4. Union Security

5. Management Rights 6. No Cessation of Work

7. Representation 8. Adjustment of Grievances

9.01 Seniority 9.02 Application of Seniority

9.04 Seniority Lists 9.05(b) Lay Off Notice

9.06 Seniority in Recall 9.07 Break in Service

10. Transfer 11. Leave of Absence

12.02 Overtime 12.03 Distribution of Overtime

12.04 Call Out Pay 13. Wages

14.04 Vacation Schedules 14.05 Choice of Vacations

18. CCWIPP 21. Maternity Leave

22. Bereavement 24. General

25. Jury Duty 26. Termination and Renewal

Schedule "A"

(k) CHRISTMAS GIFT

Part-time employees shall receive a Christmas gift of $100.00.

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BETWEEN:

AND:

LETTER OF AGREEMENT #1

MINE, MILL AND SMELTER WORKERS' UNION - LOCAL 598/UNIFOR (hereinafter called "the Employer")


RE: TECHNOLOGICAL CHANGE

It is agreed that in the event the Employer introduces computerized equipment into its operation, the Employer shall provide whatever training reasonably necessary to its present employee(s) in order for said employee(s) to operate such computerized equipment.

DATED this ____,fl!"""---- day of S?p& t2er , 2016.


JEFF

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BETWEEN:

AND:




RE: COST OF LIVING ALLOWANCE (C.O.L.A.) (OFFICE)

This will confirm our agreement that for the purpose of calculating Cost of Living Allowance the work week for all of the employees in the Office Unit shall be calculated on all hours worked.

DATEDthis____;? ____ dayof ~w '2016.


President"'

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BETWEEN:

AND:


MINE, MILL AND SMEL TEA WORKERS' UNION- LOCAL 598/UNIFOR (hereinafter called "the Employer")


RE: VACATION PAY- ARTICLE 14, REGULAR VACATION: OFFICE AGREEMENT

1. An employee who is absent from work in excess of fifty-two (52) weeks, in one continuous period will be considered to be off the payroll for the purpose of vacation pay.

2. When such employee returns to work, his vacation pay for the current vacation year, will be pro-rated, based upon earnings from the date of his or her return to work, to the date of his vacation for that year.

3. Following completion of fifty-two (52) weeks of continuous employment (including any vacation taken) such employee shall thereafter be entitled to vacation pay in accordance with Article 14.

DATED this_.'""-? ___ day of ~J!mW '2016.


ANNE-MARIE MA

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BETWEEN:

AND:


MINE, MILL AND SMELTER WORKERS' UNION- LOCAL 598/UNIFOR (hereinafter called "the Employer")


The Employer shall pay to the following retired and future retired employees or their widower, $100.00 per year as a Christmas Bonus to be paid out by December 15th of each year:

Kate Astgen Norma Bray Janet Mclean Jean Williams

Lillian Mason Judy Stroud Noella Vachon Marianne Del Bosco

DATED this-.!...<----- day of ¥&~ 12016.


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BETWEEN:

AND:

LETTER OF UNDERSTANDING #5

MINE, MILL AND SMELTER WORKERS' UNION- LOCAL 598/UNIFOR (hereinafter called "the Employer")


This Letter of Agreement shall in all respects form part of the Collective Agreement held between the parties.

Current full-time employees who retire on or after the Friday before Christmas shall be entitled to all outstanding earned vacation pay, vacation bonuses, special vacations, and contract bonuses for the current year and the following year.

DATED this ___;<(?l.L...._ ___ day of '*~bzc ! 2016.


0 d /27./ll~ ANNE-MARIE MACINNIS

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BETWEEN: MINE, MILL AND SMEL TEA WORKERS' UNION - LOCAL 598/UNIFOR (hereinafter called "the Employer")

AND: UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (hereinafter called "the Union")

UFCW CHARITY FUND (LEUKEMIA)

The Employer shall deduct from the weekly earnings of each employee, upon written authorization from each employee, __ cents ( ¢)per week and shall, together with a detailed list of the names, Social Insurance Number and amount deducted, remit same by cheques payable to the UFCW Charity Fund before the fifteenth (15th) day of the following month.

Receipt for the total amount deducted per employee in the calendar year will be provided by the Union on or before February 28th of each year, or noted by the Employer on the employee's T4 slip.

DATED this__.,.,..~---- day of -~74n 6er: '2016.

SIGNED FOR THE EMPLOYER:

Q!JJ./7/~ ANNE-MARIE MACINNIS President

SIGNED FOR THE UNION:

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BETWEEN:

AND:




RE: ARBITRATION

Notwithstanding Section 49 of the Ontario Labour Relations Act or any language contained in the collective agreement between the parties to the contrary, either party may elect to proceed to arbitration using one of the following arbitrators:

Randy Levinson, John Stout, W. Marcotte, David McKee, L. Slotnick, Peter Chauvin, Jim Hayes, Dianne Brownlee, Louisa Davies and William Kaplan.

The grievance(s) shall be referred to the arbitrator on the above list with the earliest available date.

In the event the parties can't mutually agree to hearing date, the Arbitrator shall set the hearing date within thirty (30) calendar days of the referral to arbitration.

The parties can at anytime by mutual agreement add or remove an arbitrator from the agreed list.

s./ff / DATED this -.:...<----- day of ---==~=---::;~....L..!...-'-~=:L..---' 2016.


0/nm& ANNE-MARIE MACINNIS

Union,

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