2014-2016 COLLECTIVE AGREEMENT
UNIT 517G.16 FLEXO, SHIPPING, RECEIVING, & JANITORIAL
BETWEEN
WRIGHT LITHOGRAPHING INC. 1155 DUNDAS STREET
LONDON, ONTARI0 N5W 3A9
AND
UNIFOR LOCAL 517G 8-380 ADELAIDE STREET NORTH
LONDON, ONTARIO
N6B 3P6
INDEX
2
A
Annual Vacations ----------------------------- 7
Apprentices ---------------------------------- 17
B
Benefits -------------------------------------- 18
Bereavement Pay --------------------------- 13
Bulletin Boards ----------------------------- 16
C
Call Backs ----------------------------------- 17
Check-Off ------------------------------------ 15
D
Definitions ----------------------------------- 16
Discharge And Disciplinary Procedure - 12
E
Employee And Family Assistance
Programme ------------------------------- 19
G
Graphic Communications. Supplemental
Retirement And Disability Fund Of
Canada ------------------------------------ 20
Grievance Procedure ------------------------- 9
H
Health & Safety ----------------------------- 16
Hours Of Work ------------------------------- 4
J
Joint Committee ---------------------------- 14
Jury Duty ------------------------------------ 14
L
Lay-Off Assistance Plan ------------------- 19
Layoffs --------------------------------------- 13
M
Memorandum Of Agreement #1 ---------- 22
N
New Machines Or Processes -------------- 17
Night Shift Rates ----------------------------- 7
No Discrimination -------------------------- 21
No Limitation Of Work --------------------- 4
O
Overtime -------------------------------------- 5
P
Pension --------------------------------------- 16
Picket Line ----------------------------------- 15
Plant Holidays -------------------------------- 5
R
Rate Retention ------------------------------- 17
Reporting Pay -------------------------------- 5
S
Severability ---------------------------------- 17
Severance Pay ------------------------------- 21
Shop Steward And Local Union Officers15
Strikes And Lockouts ---------------------- 13
Struck Work --------------------------------- 13
T
Termination ---------------------------------- 25
U
Union Recognition And Jurisdiction ------ 3
Union Security And Hiring ----------------- 4
W
Wage Rates ---------------------------------- 16
Work Place Harassment Policy ----------- 23
COLLECTIVE AGREEMENT
BETWEEN
WRIGHT LITHOGRAPHING INC.
1155 DUNDAS STREET
LONDON, ONTARI0
N5W 3A9
Hereinafter called the "Company"
AND
UNIFOR LOCAL 517G
8-380 ADELAIDE STREET NORTH
LONDON, ONTARIO
N6B 3P6
Hereinafter called the "Union"
WHEREAS the parties here to are duly authorized to make a Collective Agreement which
will govern the terms and conditions of employment for all employees performing work
covered by this Agreement and it is the intention of the parties to establish by this Agreement
mutually satisfactory wages, terms and conditions of employment;
This Collective Agreement expresses the full and complete understanding of the parties on
hours, wages, grievance procedure and other terms and conditions of employment, and both
parties agree that adherence to the principles of human rights.
ARTICLE 1 - UNION RECOGNITION AND JURISDICTION
1.01 The Company recognizes the Union as the sole collective bargaining agent for all
employees of Wright Lithographing Inc. in the City of London, Ontario, Canada,
save and except non-working foremen and persons above the rank of non-working
foremen, office clerical and sales staff and employees in bargaining units for whom any
trade union held bargaining rights as of February 9, 1994.
1.02 The Company agrees that hereto after during the term of this Agreement and during the
period of negotiations for its renewal or amendment, it will not sign a contract with
another Union covering the operations and processes described in the present
Agreement.
1.03 The accredited representatives of the Union shall have access to the Company plant with
permission.
1.04 For the purpose of this collective agreement the following shall be deemed to be
separate departments.
(i) Pressroom: Flexographic/ Letterpress/ Rewind
(ii) Prepatory: Flexographic
(iii) Shipping/ Receiving/ Janitorial
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ARTICLE 2 - UNION SECURITY AND HIRING
2.01 It is agreed, as a condition of employment, that all employees at date of execution
hereof must pay, by checkoff, an amount equivalent to the regular weekly membership
dues and assessments required of all members of the Local Union, and the Union agrees
that no employee, present or future, will be denied membership in the Union.
2.02 The Employer agrees to apply to the Union office when in need of employees,
excluding summer student help. In the event the Union fails to supply competent
employees within five (5) working days after the Employer’s request has been made to
the Union, the employer has the right to secure help from other sources, provided that
such persons shall make application to become members of the Union within thirty (30)
days after employment.
2.03 The Employer further agrees to inform the Union office of their need for part-time help,
including summer help and if acceptable part-time Union help is not available
immediately through the Union office, the company may then secure help from other
sources.
ARTICLE 3 - NO LIMITATION OF WORK
3.01 The parties agree that no arbitrary limitations shall be placed upon the productive
efforts of any workers.
ARTICLE 4 - HOURS OF WORK
4.01 The regular weekly hours shall be thirty-seven and one-half (37.5) hours per week to be
worked in five (5) regular shifts of seven and one-half (7.5) hours per day except when
employer, employee, and union agree to alterations to meet customer demand. Plant
sanitation hours shall be forty (40) hours per week.
4.02 The day shift hours shall be between 6:00 A.M. and 5:30 P.M.
4.03 The night shift hours of work shall be between the quitting and starting time of the day
shift.
4.04 When more than one shift is operated, only one of these shifts shall be deemed to be the
day shift and any additional shift or shifts, shall be deemed the night shift or shifts.
4.05 Posting of personnel on shifts shall be done on Thursday of the preceding week if
possible.
4.06 A lunch period of not less than thirty (30) minutes, nor more than sixty (60) minutes,
shall be scheduled by mutual agreement between the Company and the employees,
provided that the scheduling of such lunch period shall fall within the first five (5)
hours of any regularly established shift.
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ARTICLE 5 - REPORTING PAY
5.01 An employee reporting for work on his regular shift shall be paid for a full shift at his
regular basic wage rate for the shift for which he has reported and shall perform such
other duties as are available during this time. Should they be excused at their request, they
are entitled to payment for the period they were present.
The above clause shall not apply when the employer provides 24 hours notice of
shift cancelation prior to the beginning of the shift the employee is reporting to
work for.
ARTICLE 6 - PLANT HOLIDAYS
6.01 The following plant holidays shall be observed by paying employees at their regular
day wage rates to the observance of the following plant holidays:
New Year's Day Labour Day
Good Friday Thanksgiving Day
Victoria Day Christmas Day
Canada Day Boxing Day
Civic Holiday Family Day
Floating Day
6.02 When a plant holiday falls on a Saturday or Sunday, either the Friday preceding or the
Monday following shall be given the employees as a substitute day off with pay.
6.03 An employee shall receive holiday pay provided they are at work the full working day
prior to the holiday and the full working day following the day on which the plant
holiday was observed, unless arrangements satisfactory to the Company have been
made otherwise.
An employee on layoff or Workers Compensation benefits shall receive as holiday pay
the difference between their regular day rate pay and their benefit.
6.04 An employee required to work on a Plant holiday shall be paid the normal holiday pay
plus an additional two (2) times the normal pay for time worked.
6.05 The annual floating holiday shall be taken by mutual consent between the Company and
the Employee.
ARTICLE 7 - OVERTIME
7.01 The employees recognize that customer demands will make overtime production
necessary and they agree to work, by mutual consent, such overtime as is required to
meet these demands. The employees agree that, for the lifetime of this Agreement, they
will not impose any ban on overtime and the Company agrees that it will not take
punitive action against an employee for refusing overtime.
7.02 For each of the first three (3) hours worked in excess of the standard workday on any
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day from Monday to Friday inclusive, an employee shall receive one and one-half (1½)
times his hourly rate.
7.03 For the fourth and each additional hour worked in excess of each standard workday
from Monday to Friday inclusive, an employee shall receive two (2) times his hourly
rate.
7.04 For all work done on a Saturday, an employee shall receive two (2) times hourly rate
for each hour worked and the Company guarantees a minimum of four (4) hours work
to be available, subject to the same exclusions contained in Article 5.
7.05 For all work performed on Sunday, an employee shall receive two (2) times his/her
hourly rate for each hour worked and the Company guarantees a minimum of four (4)
hours work to be available, subject to the same exclusions contained in Article 5.
7.06 In the event of an employee being required to work on a Plant Holiday, the Company
guarantees that a minimum of four (4) hours work will be available, subject to the same
conditions as set out in Article 5.
7.07 Overtime shall mean work performed in any day in excess of the maximum shift hours
as provided in Article 4, and normally shall mean work performed before and after
regular shift, provided that by mutual agreement, an employee may commence work
prior to the normal shift time or subsequent to the normal shift time and shall not be
entitled to overtime unless he works continually for a period in excess of the normal
shift hours.
7.08 Any employee reporting for work on Saturday or Sunday shall be paid as above except
that the employee may voluntarily leave before the end of the shift, in which case he
shall receive pay as specified above for the hours worked.
7.09 Whenever possible, at least twenty-four (24) hours notice of overtime shall be given
employees.
7.10 In the event an employee is required to work more than one (1) shift in any twenty-four
(24) hours, he shall be paid normal overtime rates for the work performed on any such
additional shifts. The starting point of any particular twenty-four (24) hour period shall
be deemed to be the starting point of the employee's regular shift.
7.11 Overtime for employees on any shift shall be computed on the basis of the actual hourly
rate of wages paid to them for the shift on which they are actually working. For
example, employee's working on a night shift are to be paid the night shift premium as
set out in Article 8, and the overtime rate for the night shift is to be computed on the
normal hourly rate of wages plus the night shift premium.
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ARTICLE 8 - NIGHT SHIFT RATES
8.01 Night Shift Rates:
Afternoon Shift: 12.00% the hourly rate paid for day work.
Midnight Shift: 14.00% the hourly rate paid for day work.
ARTICLE 9 - ANNUAL VACATIONS
9.01 The period of service of each employee shall be determined as of June 30th in each
year, and vacation credits will be computed on the basis of the employee's service
during the twelve-month period commencing on July 1st in each year and ending on
June 30th in the following year. In recognizing the Company’s need to render the
expected level of customer service, it is agreed that at the discretion of the
Company it may exercise a restriction that only 1(one) press operator at any given
time may be away from work on any week or weeks of vacation leave. It is further
agreed that to accommodate the scheduling of vacation leave a minimum of two
weeks notice prior to the commencement of a week or weeks vacation leave shall
be required, except where the Company and the employee have mutually agreed
to waive the minimum notice period. It is further agreed that while the Company
shall attempt to accommodate the preference requests of each employee in the
timing of vacation entitlement, timing of vacation shall be determined by mutual
agreement between the employee and the company.
9.02 Vacation Credits: Service calculated to June 30th current year.
(a) Less than one (1) year of continuous service, one (1) week vacation time with pay of
four percent (4%) of their gross earnings for the previous twelve (12) month period as
per 9.01.
(b) One (1) to three (3) years of continuous service, two (2) weeks vacation time with
pay of four percent (4%) of their gross earnings for the previous twelve (12) month
period as per 9.01.
(c) Four (4) to seven (7) years of continuous service, two (2) weeks vacation time with
pay of four percent (4%) of their gross earnings for the previous twelve (12) month
period as per 9.01 plus an additional five (5) days paid time off at the employee's basic
day rate, which may be taken as one (1) week or as five (5) individual days, at the
option of the employee.
(d) Eight (8) years to thirteen (13) years of continuous service, two (2) weeks vacation
time with pay of four percent (4%) of their gross earnings for the previous twelve (12)
month period as per 9.01 plus an additional ten (10) days paid time off at the
employee's basic day rate, which may be taken as two (2) one (1) week periods or as
one (1) week and five (5) individual days, at the option of the employee.
(e) Fourteen (14) years to twenty-seven (27) of continuous service, two (2) weeks
vacation time with pay of four percent (4%) of their gross earnings for the previous
twelve (12) month period as per 9.01 plus an additional fifteen (15) days paid time off
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at the employee's basic day rate, which may be taken as three (3) one (1) week
periods or as two (2) one (1) week periods and five (5) individual days, at the
option of the Employee.
(f) Twenty-eight (28) years or more of continuous service, two (2) weeks vacation time
with pay of four percent (4%) of their gross earnings for the previous twelve (12) month
period as per 9.01 plus an additional twenty (20) days paid time off at the employee's
basic day rate, which may be taken as four (4) one (1) week periods or as (3) one (1)
week periods and (5) individual days, at the option of the Employee.
9.03 Years of continuous service are understood to be unbroken service and layoff due to
lack of work or illness will not be considered broken service.
9.04 An employee may take up to 1 weeks pay in lieu of vacation not taken, at the option of
the employee. Should an employees' vacation period include a Plant Holiday, such
employee shall be granted an extra day of vacation.
9.05 A vacation granted to an employee in any calendar year must be taken in that year and
shall not accumulate from one calendar year to another.
9.06 In the event of the termination of the employment of any employee, such employee
shall be entitled to receive, on the termination of his employment, as vacation credit, the
following:
(a) An employee with less than one (1) year of service shall receive four percent (4%) of
gross earnings.
(b) An employee who at the date of termination of service has more than one (1) year of
service and at June 30th prior to the date of termination has less than four (4) years of
service, shall receive four percent (4%) of gross earnings.
(c) An employee who on June 30th prior to the date of termination had more than four (4)
years of service and less than eight (8) years of service, shall receive six percent (6%)
of gross earnings.
(d) An employee with more than eight (8) years of service at June 30th prior to the date of
termination shall receive eight percent (8%) of the gross earnings.
(e) An employee who, as of June 30th, has more than fourteen (14) years of service shall
receive ten percent (10%) of gross earnings.
(f) An employee who, as of June 30th, has more than twenty-eight (28) years of service
shall receive twelve percent (12%) of gross earnings.
(g) The calculation of the aforesaid gross earnings shall be for the unbroken period of
service from the 1st of July in any year to the 30th of June in the following year
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ARTICLE 10 - GRIEVANCE PROCEDURE
10.01 Within the terms of this agreement, a grievance shall be defined as a difference arising
as to the interpretation or application of the provisions of this Collective Agreement. It
is agreed by the parties hereto that it is to their mutual benefit to settle such grievances
as quickly as possible. The functions of management are reserved under the provisions
of the Collective Agreement.
10.02 The following procedure for instituting a grievance may be invoked by an individual
employee, by a number of employees jointly claiming the same grievance, by the
Company or the Union. The use of this procedure by the Company, or by the Union,
will commence at Step Four.
10.03 No grievance shall be considered where the circumstances giving rise to such grievance
occurred more than thirty (30) working days before the filing or lodging of the
grievance. No discharge or disciplinary action grievance shall be considered unless it is
filed within ten (10) working days of its occurrence.
Discharge or disciplinary action grievances shall commence at Step Three.
10.04 Grievances shall be settled in the following manner:
STEP ONE:
Between the aggrieved employee(s) and his immediate supervisor.
If not settled within a further five (5) working days, it may proceed to Step Two.
STEP TWO:
Between the aggrieved employee(s) accompanied by the Shop Steward and the Plant
Superintendent.
If not settled within a further five (5) working days it may proceed to Step Three.
STEP THREE:
Between the aggrieved employee(s) accompanied by a representative of the Local
Union, and the Plant Manager, with copies of the grievance being filed.
If not settled within a further five (5) working days, it may proceed to Step Four.
It is agreed that any decision reached in Steps 1, 2 and 3 above shall be without
prejudice to the interpretation of this collective agreement, unless such decision has
been agreed to by the Joint Committee.
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STEP FOUR:
(a) Disputes other than discharge or disciplinary action grievances shall be
handled as follows:
Documents concerning the matter in dispute shall be referred to the Joint Committee,
operating in accordance with the terms of Article 17 of the collective agreement. This
committee is empowered to call for evidence, based on the written submission of the
grievance as presented, from the aggrieved employee, from the shop steward and from
the company or union member or official it so desires. If the grievance is not settled
within a further five (5) working days from the legal convening of the Joint Committee,
it may proceed to Step Five.
(b) Discharge or disciplinary action grievances shall be handled as follows.
Documents concerning the matter in dispute shall then be referred to the Joint
Committee, operating in accordance with the terms of Article 17 of the Collective
Agreement. This committee is empowered to call for evidence, based on the written
submission of the grievance, as presented, from the aggrieved employee, from the shop
steward and from the Company or Union member or official it so desires. If the
grievance is not settled within a further five (5) working days from the legal convening
of the Committee, it may proceed to Step Five.
STEP FIVE:
Should a mutually satisfactory conclusion not be reached through the foregoing steps of
the grievance procedure, the grievance may be referred to an impartial arbitrator, within
a further thirty (30) working days, who shall be selected by the Company and the Union
representatives of the Joint Committee. Should the Company and the union be unable to
agree upon an impartial arbitrator within eight (8) working days from the date on which
both parties agreed to submit the grievance to arbitration, the Minister of Labour shall
immediately be requested to appoint an impartial arbitrator. The parties agree to accept
the Minister's appointment. Decision by the impartial arbitrator shall be final and
binding upon both parties.
It is agreed that the impartial arbitrator shall not have the authority or jurisdiction to
alter the terms of the Collective Agreement, to substitute any new provisions, or make
any decision inconsistent with the terms and provisions of the agreement, or to deal
with any matter, which is not a grievance. The parties hereto will jointly bear the
expense of the impartial arbitrator. The impartial arbitrator shall have the power to
revise the disciplinary measure or unjust dismissal and render a decision on the
evidence presented.
10.05 The time limits set out herein may be altered by mutual agreement of the parties.
SPECIAL COLLECTION AND ARBITRATION PROCEDURES
10.06 (a) Notwithstanding anything contained in Sections 10.01 to 10.05 above the failure of
the Company to carry out its obligations, including making the required contributions
11
under Article 33 Graphic Communications Supplemental Retirement and Disability
Fund; and Article 31 of this collective agreement may, as an alternative to Sections
10.01 to 10.05, be referred to arbitration by the Union, Council, or Trustees of the said
plan(s), using the procedures set out in this Section.
(b) There shall be no time limit within which a grievance must be filed, or a matter
may be referred to arbitration. Any breach by the Company of their obligations to the
plans referred to in this Section, under a prior collective between the parties, shall be
deemed to be a breach of this collective agreement, and the procedures set out in this
Section may be used in grieving and arbitrating such breach.
(c) The Union, Council, and Trustees, or their agents, may submit a written notice
of default to the Company, by registered mail, with a demand for payment of
contributions and compliance with any other provision of the plan. Such notice shall be
considered to be the filing of a grievance under this Section.
The notice shall be deemed to have been received by the Company on the third day
after the day on which it was mailed.
(d) It the Company fails to make its required contributions, or otherwise fails to
comply with the plan, within ten (10) days after the date of the notice, the grievance
procedure shall thereupon be exhausted, and the grievance may be referred at any time
thereafter by the Union, Council, or Trustees, or their agents, to final and binding
arbitration.
(e) (i) The Union, Council, or Trustees shall give reasonable written notice to the
Company of their desire to arbitrate pursuant to this Section, and shall state the date,
time and place fixed for such arbitration.
(ii) The Trustees, or such committee or sub-committee, as the Trustees may
appoint, shall appoint an arbitrator or arbitrators to conduct the arbitration. Such
arbitrator or arbitrators may include, but are not limited to, an Employer Trustee, Union
Trustee, former Trustee, former official, officer, or Employee of the Union, or an
Employer who is party to the Trust Agreement which is being arbitrated, or otherwise
bound thereto. An arbitrator(s) appointed pursuant to this Section may hear arbitrations
relating to one or more plans, and one or more Employers concurrently, or as the
arbitrator(s) may determine, A Trustee appointed as arbitrator may hear arbitrations
involving any or all the plans to which the Company is required to contribute.
(iii) The arbitrator(s) shall have full authority to hear any matter referred to them by
the Union, Council, or Trustees. The decision of the arbitrator(s) shall be final and
binding on the Union, Council, Trustees, and Company.
(iv) The arbitrator(s) shall have the authority to order the Company to perform its
obligations pursuant to this collective agreement and may, in addition to ordering the
Company to make all contributions owing, order the Company to pay interest on
overdue contributions at such rate as the Trustees have determined, pay reasonable
counsel fees incurred, or to be incurred by the Trustees in the collection of such
delinquent amounts, including the counsel fee for the arbitration, pay the fees to the
12
arbitrator(s), pay other reasonable costs incurred in the collection of the delinquencies,
pay liquidated damages in the amount equal to twenty percent (20%) of the total of all
amounts found to be delinquent as determined by the arbitrator(s) to be due and owing.
The Company acknowledges and agrees that the liquidated damages will be used to
defer administrative costs arising out of the delinquency of the Company, and
acknowledges the costs to be actual, and substantial, though difficult to ascertain,
however the Company acknowledges that these costs at a minimum of twenty percent
(20%) of the amounts found to be delinquent, and waives the necessity of any
additional proof thereof.
Without limiting the generality of the foregoing, the said sum is on account of damages
resulting from:
1. Inconvenience and burden imposed on the Trustees;
2. Loss of any benefits, monetary or otherwise, to any employees; and
3. Loss of benefits, and the use of any funds, in connection with the Company's failure
to comply with the terms and conditions of the relevant Trust Agreement and collective
agreement.
(v) For the purpose of Sub-Section (iv) "reasonable counsel fee" shall mean all
reasonable counsel fees in the amounts for which the Trustees became legally obligated,
including the fees for recovery of liquidated damages, audit costs, filing fees, and any
other expenses incurred by the Trustees.
(vi) Any arbitration order or award determined under this Section may be filed by the
Union, Council or Trustees pursuant to Section 44 (11) of the Ontario Labour Relations
Act and may be enforced there under.
(f) The Union, Council, or Trustees may take any other action they deem advisable to
enforce the obligations of the Company, as set out in this Section, notwithstanding any
other provision of this collective agreement.
ARTICLE 11 - DISCHARGE AND DISCIPLINARY PROCEDURE
11.01 Management shall not take disciplinary action without first warning the employee,
unless the circumstances justify immediate discipline or discharge. In the event of a
claim that an employee has been discharged or disciplined unjustly or unreasonably, a
grievance may be filed in writing. No written or oral disciplinary notice dating back 12
months or more shall be used in new disputes involving discharge or suspension
provided the Employee has not received a disciplinary notice for 12 months.
11.02 Last warnings shall be given in writing to the employee(s) and the Union steward. The
Company and the Union agree that disciplinary penalties shall not be imposed unjustly.
11.03 In the event of an employee leaving or being discharged by the Company, one (1)
week's notice shall be given. The foregoing shall be subject to the minimum provisions
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of the Ontario Employment Standards Act. The Company, upon request, shall give to
the union the reason for discharge of any employee, in writing, within three (3) working
days of such request. No notice or pay shall be required in the event of discharge for
cause.
11.04 In the event of a decision to discharge a shop steward, or an officer of the Union, the
Company will notify the Union of its decision five (5) working days before the
discharge takes effect, to give the Union an opportunity to confer with the Company.
This provision shall not apply in cases of discharge for cause, as provided in Section
11.05 (Refer to Section 20.01)
11.05 A shop steward or an officer of the Union may be immediately discharged for cause,
with five (5) days regular pay in lieu of notice. If this should occur, then both parties to
this Collective Agreement agree to invoke Article 10, Step 4 (b), Grievance Procedure.
ARTICLE 12 - STRIKES AND LOCKOUTS
12.01 It is understood and agreed that there is to be no strike or lockout during the lifetime of
this Agreement, the definitions of "strike" and "lockout" being those as laid down by
the Labour Laws of Ontario.
ARTICLE 13 - STRUCK WORK
13.01 The Company agrees that it will not accept work from a Company whose employees,
members of the UNIFOR, are engaged in a legal work stoppage. This does not
preclude the execution of work transferred by a customer
13.02 The Union will give the Company notice of its intention to invoke this Article and any
work in progress will be completed. Should a dispute arise concerning particular work
being struck work, the parties will meet forthwith to resolve the dispute.
ARTICLE 14 – LAYOFFS
14.01 Layoff, due to lack of work, will be distributed on calendar year basis as equally as
possible, by department. The Company will advise the Shop Steward before posting the
list of employees designated for layoff. The Company will notify employees to be laid
off as far in advance as possible.
14.02 The last person hired in a department, during the calendar year, automatically becomes
the first person laid off in the event of layoff, and any other persons) hired during that
calendar year are to be laid off by seniority for that calendar year.
14.03 The shop steward is excluded from Provision (b) of the Memorandum Agreement #1
during the year they are the designated person to be laid off.
ARTICLE 15 - BEREAVEMENT PAY
15.01 A regular employee shall be granted leave of absence with pay, for a period not
exceeding five (5) days, in the event of the death of a spouse, sister, brother, son,
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daughter, mother or father in the current immediate family.
15.02 A regular employee shall be granted leave of absence with pay, for a period not
exceeding three (3) days, in the event of the death of a son in law, daughter in law,
mother in law or father in law, sister in law, brother in law, grand-mother, grandfather,
step-brother, step-sister, step-father or step-mother and grand child in the current
immediate family for the purpose of making funeral arrangements or attending the
funeral.
15.03 Such possible days leave of absence shall be granted within the five (5) working day
period that precedes or follows the funeral unless otherwise mutually agreed between
the Company and the employee.
15.04 The above is subject to the provision that the employee shall not receive any additional
day or days' leave, or pay, because the death and/or arrangements and funeral occurred
on a holiday, or during their vacation, or any leave of absence without pay.
ARTICLE 16 - JURY DUTY
16.01 In the event of any employee being required to be absent from work by reason of
having been called for jury duty, the Employer shall pay to the Employee the difference
between a full day’s pay at regular rates and the amount received by such employee as
jury pay for each day such Employee is absent on jury duty. Should an Employee be
called for jury duty and not be required to remain at the Court House on any day, he or
she shall report for work for the balance of the day, provided that he or she can
reasonably report for at least four (4) hours work, in which case, the Employer shall pay
the employee on his or her net loss of earnings.
16.02 In the event of an Employee to be absent from work by reason of having been
subpoenaed as a witness at any trail or judicial inquiry, the Employer shall pay to the
Employee the difference between a full day’s pay at regular rates and the amount
received by such employee as a witness for each day such Employee is absent, provided
that, the Employer shall not be responsible to pay for absence in excess of two (2)
working days unless satisfied that the attendance of the employee as a witness for a
period in excess of two (2) days is reasonably required. Should any Employee be
subpoenaed as a witness and not required to remain at the Court House on any day, he
or she shall report for work for the balance of the day, provided that he or she can
reasonably report for at least four (4) hours work in which case the Employer shall pay
the Employee on his or her net loss of earnings.
ARTICLE 17 - JOINT COMMITTEE
17.01 A Joint Committee shall be established composed of up to three (3) representatives
from management and up to three (3) representatives from UNIFOR Local 517G and
shall deal with any matter referred to it by the parties under the provisions of this
Agreement.
17.02 A written request by either party for a meeting must be accompanied by a completely
detailed statement of claim relative to the dispute in question, which shall constitute the
agenda for the meeting which must be called within fifteen (15) working days of the
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written request, unless mutually agreed otherwise.
17.03 If the Joint Committee is unable to reach a mutually satisfactory settlement, then either
party may refer the matter to Article 10 Grievance Procedure, commencing at Section
10.06
ARTICLE 18 - PICKET LINE
18.01 Any employee not crossing a lawful UNIFOR picket line established in connection
with a lawful strike by employees at the Company being picketed shall not breach this
agreement. The Company affirms that no disciplinary or discriminatory action will be
taken against such Employee.
ARTICLE 19 - CHECK-OFF
19.01 The Company agrees to deduct weekly, from the wages of each employee covered by
this agreement, a stated amount to be determined by union resolution, a certified copy
of which will be remitted to the company.
19.02 Within twenty (20) days following the end of the month the Company will remit to
UNIFOR Local 517G the deductions made for that month.
19.03 Default in making payments required by this article for more than thirty (30) days will
make the company liable for such legal, court and/or other costs incurred in the
collection procedure.
ARTICLE 20 - SHOP STEWARD AND LOCAL UNION OFFICERS
20.01 The name of the Shop Steward and Local Union Officers shall be supplied to the
Company and the Company shall be notified of any changes.
20.02 The Company recognizes the Shop Steward as the initial contact pertaining to official
union matters and shall not discriminate against them for performing such duties.
20.03 The desire of the Shop Steward to consult with a Union Representative regarding an
alleged infraction of this Collective Agreement during working hours shall be permitted
provided consent of their supervisor or other management person is secured, which
consent will not be unreasonably denied.
20.04 Employees receiving a warning or reprimand have the right to request the presence of
the Shop Steward.
20.05 All hiring’s, discharges, layoffs and recalls shall be reported to the Shop Steward.
20.06 Leaves of absence shall be granted to duly authorized Local Union Officials, including
negotiating committee members, to attend union activities. Requests for such leaves of
absence shall not be unreasonably denied.
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ARTICLE 21 - BULLETIN BOARDS
21.01 A bulletin board shall be provided, by the Company, for official Union notices.
ARTICLE 22 - DEFINITIONS
22.01 A Press person is a person who has completed a three (3) year apprenticeship in the
industry.
22.02 A Preparatory person is a person who has completed a two (2) year apprenticeship in
the industry.
22.03 An apprentice is a person engaged in learning the trade.
22.04 Should the parties, during negotiations, agree to any new classifications, then the
definitions of such will be added to this Article
ARTICLE 23 - WAGE RATES
23.01 Job Classifications
January 1, 2014 January 1, 2015 January 2016
Basic Day Rate Hourly 37.5/wk Hourly 37.5/wk Hourly 37.5/wk
Flexo Press Operator $23.57 $883.88 $23.92 $897.00 $24.28 $910.50
Flexo Prep/Shipper/Receiver $20.00 $750.00 $20.30 $761.25 $20.60 $772.50
Janitor
Part-Time
23.02 All wages paid on Thursday afternoon each week. If Friday is a holiday, wages will be
paid Wednesday afternoon.
23.03 The starting rate in shipping, receiving, janitorial and departments shall be two dollars
($2.00) less than the full rate for these departments and shall increase at the rate of fifty
cents (.50¢) after the first 6 months and (75¢) each 6 months thereafter until the actual
rate has been achieved.
23.04 Premiums are to be maintained in establishing new rates.
ARTICLE 24 - PENSION
24.01 The Company will continue to provide pension benefits as prior to this agreement.
ARTICLE 25 - HEALTH & SAFETY
25.01 The Company will contribute One Hundred and Forty Dollars ($140.00), per year, upon
receipt of satisfactory proof of purchase, towards the cost of safety footwear. The
Employer will make all reasonable provisions for the health and safety of its
employees, observing in all respects the appropriate provincial legislation concerning
safety. The Union agrees to co-operate in enforcing company and provincial regulations
regarding safety and sanitation.
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25.02 No employee may, at any time, operate any press by himself/herself with out someone
else being present in the department, or within call.
ARTICLE 26 - SEVERABILITY
26.01 Should any provision of this collective agreement, at any time during its life, be found
to be in conflict with Federal or Provincial laws, or as such laws may be amended, such
provision shall continue in effect only to the extent permissible under the applicable
law, with the understanding that if at any time thereafter, such provision is no longer in
conflict with the law, then such provision of this collective agreement, as originally
embodied therein, shall be restored in full force and effect as if it had never been in
controversy or violation.
26.02 In the event any provision of this collective agreement should be held invalid under the
law, the remainder of this collective agreement shall not be affected.
ARTICLE 27 - CALL BACKS
27.01 An employee called back to work after they have left the plant (Monday to Friday
inclusive) shall be paid for a minimum of three (3) hours at the applicable overtime
rate, unless they leave of their own volition, "Callbacks" are defined as any time when
there is no continuity of the established daily working hours.
ARTICLE 28 - RATE RETENTION
28.01 For the purposes of this Article, each permanent employee shall be classified according
to Article 23, in the job classification in which he is permanently assigned.
28.02 An employee who is temporarily assigned to a higher rated job classification in excess
of one (1) shift shall be paid the job rate of the higher rated job classification for the
duration of such temporary transfer.
28.03 An employee who is temporarily assigned to a lower rated job classification shall be
paid his regular, pre-transfer job rate for the duration of such temporary transfer.
28.04 If an employee voluntarily requests to move to a lower rated job classification, the
employee shall be paid the job rate of such lower rated job upon transfer.
ARTICLE 29 - NEW MACHINES OR PROCESSES
29.01 Prior to the installation of new types of machines, new equipment, or new processes,
the Company shall give the Union sixty (60) day notice, in writing, to allow the Joint
Committee to meet, in order to reach agreement on working conditions, relative to the
operation of such new installation(s).
ARTICLE 30 - APPRENTICES
30.01 Apprenticeship periods are as follows:
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Press person - 3 years
Flexo Prep person - 2 years
30.02 The minimum wage scale for Apprentice Press persons shall be based on a percentage
of the minimum Press persons wage rate as follows:
Wage Progression Scale
Press Person 1st 6 months 2nd 6 months
First Year 60 % of rate 67 % of rate
Second Year 74 % of rate 80 % of rate
Third Year 87 % of rate 94 % of rate
Thereafter 100 % of rate
The minimum wage scale for Apprentice Preparatory persons shall be based on a
percentage of the minimum Preparatory persons wage rate as follows:
Wage Progression Scale
Preparatory Person
1st 6 months 60 % of rate
2nd 6 months 70 % of rate
3rd 6 months 80 % of rate
4th 6 months 90 % of rate
Thereafter 100 % of rate
ARTICLE 31 - BENEFITS
31.01 Maintain current group benefits under group policy #G0095866 effective date August
1, 1997, plus increase Employee life insurance and accidental death and
dismemberment to forty thousand dollars $40,000, respectively. Sixty percent 60% of
your weekly earnings, no maximum, payable on the first day due to an accident, fourth
day due to a sickness. Dental coverage for Basic Services, Supplementary Basic
Services to be 100% benefit coverage. Maximum benefit per calendar year shall be
$2,000 for levels I, II, III, and IV
31.02 Employee only upon receipt of proof of purchase to be reimbursed up to a maximum of
$300.00 every 2 years for prescribed eyeglasses and/or contact lenses, in addition to a
maximum of $75.00 towards the cost of an eye examination.
.
Dependent Eye care The Employer will pay up to a maximum benefit of $300.00 in
addition to a maximum of $75.00 towards the cost of an eye examination for
eligible dependents in any period of 24 consecutive months. Eligible dependents under
this plan include: Unmarried children who are under age twenty-five [25] if attending
an accredited school, college or university as a full-time student. Dependent children
must be dependent on the Employee for support and not employed at a regular fulltime
job. Divorced or separated spouses (with or without a court order or separation
agreement) are not eligible for coverage.
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(a) Sick/Personal Days:
That Two (2) Sick/Personal Days per calendar for all Employees (January 1, to
December 31).
Employees who at the time of the Christmas shutdown have not taken a Sick/Personal
day(s) will be entitled to one (1) day paid leave during the shutdown period.
EMPLOYEE AND FAMILY ASSISTANCE PROGRAMME
31.03 The parties acknowledge the establishment of an Employee and Family Assistance
Programme, hereinafter referred to as the “Programme”, to assist employees covered by
this collective agreement with problems of a personal nature, including, but not limited
to substance abuse problems. The parties acknowledge and agree that the Programme is
more likely to be effective if the identity of persons utilizing the Programme, and the
nature of services provided by the Programme, remain voluntary and confidential.
31.04 The Employer and Union agree that participation in the Programme will be voluntary,
and no employee will be ordered, coerced, or in any way intimidated to require him to
utilize the services under the Programme, or any services in connection with the
Programme. No employee shall be required or ordered to seek advice, counsel, medical
or psychological examinations, or counseling, nor shall the employee suffer any
disciplinary action, or other penalty, with respect to his employment by reason of his
failure to utilize such services.
31.05 Any information or communication whatsoever relating to an employee’s participation
in the Programme, or obtained as a result of, or during the course of, an employee’s
participation in the Programme, or in connection with use of the Programme, shall be
kept in strict confidence, and such information shall not be disclosed in any proceedings
involving the employee, or between the parties, without the consent of the Union, the
Employer, and the employee involved.
31.06 Any person who provides advice, counsel, or any other services in connection with the
Programme shall not be a competent or compellable witness in any proceedings
involving the employee, or between the parties, with respect to any matter relating to or
in connection with the Programme, without the consent of the persons shall also be
considered confidential and the parties agree that such records will not be required to be
produced without the consent of the Union, the Employer, and the employee involved.
ARTICLE 32 - LAY-OFF ASSISTANCE PLAN
32.01 This Article and benefits flowing there from shall only be applicable to employees who
are on payroll as of date of ratification and shall be effective the first day of the week
following date of ratification.
32.02 While any employee specified in Section 32.01 above is on temporary lay-off from the
Company, the Company will assist such employee(s) in the following manner.
32.03 The Company will subsidize the E.I. Plan payments with a further payment.
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32.04 The payment to be made by the Company shall not exceed thirteen (13) weekly
payments in any twelve (12) month period.
32.05 The payments shall be twenty-five (25%) percent of the employee's E.I. to a maximum
of one hundred ($100.00) dollars per week.The payments will commence the first week
of layoff, $100.00 one hundred dollars, second week of layoff $100.00 one hundred
dollars and so on.
32.06 The total payments from the Lay-Off Assistance Plan Fund shall not exceed five
thousand five hundred ($5,500.00) dollars in a twelve-month period for all employees
specified in Section 32.01 above.
32.07 Notwithstanding the provisions of Section 32.05 above, payment will be made to ensure
that no employee is disenfranchised from E.I. benefits.
32.08 This lay-off assistance subsidy shall not exceed eighty (80%) percent of any employee's
regular straight time (day shift rate) weekly wage or the maximum allowable under the
current Employment Insurance regulations before off-set occurs.
32.09 In the event of lay-off, an employee shall be considered an Employee of the Company
for all purposes except the payment of wages.
ARTICLE 33 - GRAPHIC COMMUNICATIONS SUPPLEMENTAL RETIREMENT
AND DISABILITY FUND OF CANADA
33.01 Effective January 1, 2007, the Company shall pay an amount of money equal to seven
percent (7.0%) of the basic day rate of each employee covered by this collective
agreement, to the Graphic Communications Supplemental Retirement and Disability
Fund of Canada, (“the Fund”) established under an Agreement and Declaration of Trust
administered by a Board of Trustees composed of equal numbers of Employer and
Union representatives for the purpose of providing retirement, disability and/or
associated benefits for employees, or their beneficiaries, on whose behalf payments are
made by the Company and for financing the expenses and operation and administration
of the Fund (“the Trust Agreement”). The term “basic day rate”, as used herein, shall
mean the basic day rate of an employee in his classification, including leave of absence
due to sickness and layoff, for as long as the employee’s name is maintained on his
Company’s payroll, but excluding payment for overtime, premiums, shift differentials,
or any periods of labour dispute while the employees are not working. The parties agree
that participation in and coverage by the Fund may be extended to the employees of any
other Company under contract with the Union, as defined in the Trust Agreement, and
to the full-time employees and officers of the Union, as defined in the Trust Agreement,
or any of its Local Unions, and to the full-time employees and officers of any Union
entity, or Company-Union entity, provided that payments are made on behalf of such
employees or officers and to all others covered under the terms of the Trust Agreement.
33.02 All payments to the Fund shall be left on deposit with a Canadian trust company, or
banking institution appointed by the Trustees and acceptable to the Canada Revenue
Agency in order that registration of the Fund is maintained and shall be payable by
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cheque or other order for money to the Graphic Communications Supplemental
Retirement and Disability Fund of Canada and shall be transmitted monthly to the
Administrator appointed by the Trustees for deposit with the aforesaid trust company or
banking institution in Canada. Concurrent with the payment by the Company, the
Company shall submit such reports as the Trustees deem necessary for the purpose of
properly administering the Fund and payment of benefits. All payments by the
Company required herein shall be due and payable within 20 days after the payroll
period of the month for which such payment is required.
33.03 The Company agrees to be bound by the terms of the Trust Agreement, a copy of which
is hereby acknowledged by the Company having been received by him, establishing the
aforesaid Fund, as the same may be amended from time to time, and further agrees to be
bound by the rules, regulations and policies, other than the amounts stated above, as
may be adopted by the Trustees from time to time.
The Company further agrees that the employer-designated Trustees appointed pursuant
to the terms of the Trust Agreement, as amended from time to time, are so designated as
Employer-Trustees on its behalf.
33.04 It is agreed that the Graphic Communications Supplemental Retirement and Disability
Fund of Canada, as defined in the Trust Agreement, shall be continued and maintained,
subject to the approval of any federal or provincial authority having jurisdiction over it.
New benefits shall be effective on the appropriate dates established by the Board of
Trustees of the Graphic Communications Supplemental Retirement and Disability Fund
of Canada.
ARTICLE 34 - NO DISCRIMINATION
34.01 The Employer and the Union recognize the right of employees to work in an
environment free from harassment and are committed to providing a workplace free
from harassment or discrimination based on race, creed, colour, national origin,
political or religious affiliation, sex, sexual orientation, age, marital status family
relationship, disability or any other prohibited grounds.
Harassment is defined as “vexatious (annoying) comment or conduct that is known or
ought reasonably to be known, to be unwelcome.” An Employee who believes that they
have been the victim of harassment and /or discrimination may file a complaint under
the grievance procedure or under the provisions of the Workplace Harassment Policy
appended to this agreement.
(Harassment Policy on a separate sheet)
ARTICLE 35 - SEVERANCE PAY
35.01 (a) No Employer shall terminate the employment of an Employee unless the Employer
gives one week’s notice for each year of service up to a maximum of eight (8) weeks’
notice.
(b) In lieu of notice the Employer may pay wages equal to notice.
(c) As Severance pay for Employees with five (5) years of service or more, an
Employer will give one weeks pay for each year of service up to a maximum of
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nineteen (19) weeks.
If an Employee leaves before their termination date, the following formula shall be used
in the calculation of severance pay. The total amount of severance will be reduced by
the number of complete weeks the Employee leaves before their termination date.
Example: An Employee leaves two weeks prior to their termination date will have their
severance reduced by two weeks, three weeks prior the reduction shall be three weeks
etc.
MEMORANDUM OF AGREEMENT #1
Where, in the opinion of the Union signatory to this collective agreement:
a) an employee, who has the ability to perform the work in question has been terminated
without regard to their length of service with the Company; or
b) a Local Union officer, or chief shop steward, has been laid off while there is work
available on his shift that he is willing to perform, and further provided that he has the
ability to perform the work in question; or
c) there is a substantial amount of overtime being worked in a classification while there is
an employee from that plant, and in that classification, on layoff readily available to
perform the required work;
the Union may request that a meeting with the Company take place forthwith.
Should a solution, satisfactory to the Union, not be found, it shall have the right to refer
the matter to an impartial arbitrator as provided in Article 10, Step Four, Grievance
Procedure.
This memorandum of agreement shall have the same force and effect as if it
were part of this collective agreement.
SIGNED THIS 21st DAY OF MARCH, 2007
FOR FOR
WRIGHT LITHOGRAPHING COMMUNICATIONS, ENERGY
COMPANY LIMITED AND PAPERWORKERS UNION
OF CANADA LOCAL 517-G
________________________ __________________________
Peter Minhinnick John Holmes
________________________ __________________________
Nick Norton
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Work Place Harassment Policy
Wright Lithographing Company Limited, (London) and CEP Local 517-G are committed to
providing a work environment free from harassment and discrimination based on race, creed,
colour, national origin, political or religious affiliation, sex sexual orientation, age, martial
status, family relationship, disability or any other grounds prohibited by Federal or Provincial
Human Rights Legislation.
Definition of Workplace Harassment
Harassment is a form of unlawful discrimination and is defined as “vexatious (annoying)
comment or conduct that is known or ought reasonably to be known, as unwelcome.”
Harassment can include but is not limited to the following examples:
Racial or ethnic slurs
Demeaning statements, profanity
Written or verbal abuse or threats
Unwelcome sexual remarks, invitations or requests
Unwelcome remarks, jokes, taunts, sarcasm, suggestions about a persons body, attire, age
marital status, ethnic or racial origin, religion, sexual orientation, socio-economic background,
etc.
Displays of pornographic, sexist, racist or other offensive or derogatory material (e.g. graffiti
or pictures)
Practical jokes which result in embarrassment or insult
Leering (suggestive staring) or other offensive gestures
Unnecessary physical contact
Vandalism of personal property at work
Patronizing or condescending behaviour
Abuse of authority which undermines performance or threatens career or job security
Physical or sexual assault
Harassment may result from one incident or a series of incidents. It may be directed at
specific individuals or groups but may also include any comments or conduct which create an
environment that is hostile, intimidating or offensive.
Filing a Complaint
If an Employee believes that they have been harassed and/or discriminated against on the
basis of any of the prohibited grounds there are specific actions that may be taken.
First; Inform the harasser that the behaviour is unwanted and unwelcome. Tell them to stop.
Inform them that the behaviour will be reported if it does not cease.
It is advisable to document the incident in writing including the time, date, location, witness
and details.
Second; If you are reluctant to confront the harasser or fear reprisals, report the incident to
your supervisor or union steward.
If an Employee wishes to file a formal complaint they may:
Use the grievance procedure as outlined in the collective agreement, or
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File a written complaint with their supervisor or shop steward. This complaint should clearly
state that the Employee wishes to initiate an investigation under the Workplace Harassment
Policy.
An investigation initiated under the Workplace Harassment Policy will involve:
Separate interviews with the complainant, the alleged harasser and witnesses.
Management will conduct the interviews and a union shop steward or representative will be
present for all interviews. The complainant and the alleged harasser may also request the
presence of a supporting person* at their interviews.
* A supporting person may be any other Employee or staff member.
Settlement of a Complaint
A complaint may be settled by:
a resolution agreed to by both parties
disciplinary action up to and including dismissal
All proceedings of the investigation process will be held in strictest confidence.
The investigation will begin within five days of the complaint being filed and a resolution will
be reached as quickly as possible.
Disciplinary action imposed may be grieved under the provisions of the collective agreement.
It is agreed that this procedure is an alternative to the grievance procedure and that complaints
should not be pursued through both the grievance procedure and the Workplace Harassment
Policy procedure.
Nothing in this procedure precludes an Employee right to seek action under the Human Rights
Code. However, both the Union and the Company encourage employees to use the internal
mechanisms as outlined above before seeking alternate recourse.
The pursuit of frivolous allegations has a detrimental effect on the spirit and the intent of this
policy and should be discouraged. Where it can be shown that a complaint was initiated for
vindictive or vexatious reasons, disciplinary action may result.
Monitoring the Policy
This Policy will be appended to the collective agreement and may be subject to review and
renegotiation as part of the normal collective bargaining process.
The Policy will be posted throughout the plant and the Company and the Union agree to
jointly undertake an education process to inform both management and employees of the
importance of this policy and the provisions contained herein.
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