; .,

AGREEMENT

BETWEEN

LOFTHOUSE BRASS MANUFACTURING LIMITED

THE PLANT 320 HOPKINS STREET, WHITBY

AND

NATIONAL AEROSPACE, TRANSPORT AT ION AND GENERAL WORKERS UNION OF CANADA

(CAW-CANADA) LOCAL 1090

September 1, 2001 • August 31, 2004

TABLE OF CONTENTS

ARTICLE DESCRIPTION PAGE 1 Purpose 1 2 Recognition 2 3 Management Rights -4 Strikes and Lockouts 5 No Descrimination 3 6 Sexual Harrassement 4 7 Deduction of Dues 4

• 8 Representation 6 9 Employee Orientation 8 10 Copy of Agreement 8 11 Data to be supplied to the Union 9 12 Office Facilities 10 13 Bulletin Boards 10 14 Seniority 11 15 Loss of Seniority 12

0 16 Exceptions to the Seniority Provisions 13 17 Layoff and Recall 14 18 Discipline 15 19 Grievance Procedure 16

" 20 Arbitration 18 21 New Job 19 22 Job Posting 20 23 Job Evaluation 21 24 Technological Change 21-25 Time Study 22 26 Contracting Out of Work 22 27 Temporary Transfer 23 28 Work by Supervisors 24

ARTICLE DESCRIPTION PAGE 29 First Aid 25 30 Injury at Work 25 31 Health and Safety 26

Dangerous Circumstances 29

~ Lockout and Confined Space Program 30 Health and Safety Training 31 Instructor Training 32

33 National Day of Mourning 32 34 Re-employment of Disabled Employees 32 35 Hours of Work 34 • 36 Overtime Pay 36 37 Overtime Allocation 36 38 Reporting in Pay 38 39 Emergancy Call Back Pay 39 40 Pay Day 39 41 Job Classifications 40 42 Shift Premium 41 43 Holidays 41 0

44 Vacation 43 45 Benefits 44 46 Protective Equipment 46 47 Pension Plan 48 48 Phone Calls 48 49 Parking 49 50 Lunchrooms and Washrooms 49

-~ Tuition and Book Refund 49 Bereavement Leave 50

53 Leave of Absence 51 54 Parental Leave 52 55 Public Office Leave 53

ARTICLE 56 57 58 59 60 61 62

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DESCRIPTION Paid Education Leave Jury Duty Substance Abuse Total or Partial Plant Closure Relocation of Plant Termination Allowance General Doctor's Note Job Assignment Shift of Choice Job Rotation Term of Agreement Letter of Intent

PAGE 54 55 55 56 57 ;-57 58 58 58 58 59

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AGREEMENT

between

Lofthouse Brass Manufacturing Limited plant at 320 Hopkins Street, Whitby {the "Company")

and

The National Automobile, Aerospace, Transportation and Gen­eral Workers Union of Canada {CAW-Canada) and it's Local1090 Ajax, Ontario {the "Union").

ARTICLE 1 PURPOSE 1.01 The purpose of this agreement is to establish the rela­

tionship between the Company and the Union, with reference to wages, hours of work and working conditions in the plant, and to provide prompt and equitable disposition of complaints or grievances without interruption of work or plant efficiency.

ARTICLE 2

RECOGNITION

2.01 The Company will/ shall recognise the Union as the Bargaining Agent for the Production Employees at the plant at 320 Hopkins Street, Whitby, who are employed in the following areas: Cut-off, Press Shop, Machine Shop, Cleaning, Shipping/ Receiving and Packing Room, with the exception of Supervisors and Clerical Staff.

ARTICLE 3

MANAGEMENT RIGHTS

3.01

3.02

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The union recognises the right of the Company to hire, promote, transfer, demote, increase or decrease the work force; and to suspend, discharge or otherwise discipline employees for just cause subject to the right of any employee to lodge a legitimate grievance in the manner and to the extent as provided herein.

The Union recognises the sole right of the company to operate and manage its business in all respects to maintain order and efficiency in its plant, to determine the products to be manufactured, the scheduling of production and the methods, processes and means of manufacturing.

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3.03 The Union acknowledges the right of the Company to make and alter, as required, rules to be observed by employees. Such rules will not be inconsistent with the provisions of this Agreement.

ARTICLE 4

STRIKES AND LOCKOUTS

4.01 The Company and the Union agree to abide by the Ontario labour Relations Act with respect to strikes and lockouts.

ARTICLE 5

NO DISCRIMINATION

5.01 The Company and the Union agree that there will be no discrimination, harassment, interference, restriction or coercion exercised or practised with respect to any employee by reason of age, marital status, sex, race, creed, colour, national origin, political or religious affiliations, disability, sexual orientation, nor by reason of union membership or union activity.

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ARTICLE 6

SEXUAL HARASSMENT

6.01 The Union and the Company recognise the problem of sexual harassment in the workplace and are committed to ending it.

Complaints under this clause will be handled with all possible confidentially. In settling a complaint, every effort will be made to discipline and relocate the harasser, not the victim.

ARTICLE 7

DEDUCTION OF DUES

7.01 During the term of this Agreement, the Company will deduct the authorised Union initiation fee and the regular Union monthly dues from the wages of all employees covered by this agreement in accordance with the CAW National Constitution.

7.02 The Company will commence deduction of dues from probationary employees after forty (40} working hours. Probationary employees will not become union members until after their probationary period is completed.

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7.03 When sufficient pay is not available for all other deductions during the period when deductions are made, no deduction will be made for Union dues.

7.04 The union agrees to keep the Company harmless from any claims against it by an employee which arises out of deductions under this Article.

7.05 Dues deduction will be suspended during the period of an employee's leave of absence without pay. When the employee is returned to the payroll, deduction of Union dues will be automatically resumed.

7.06 Amounts deducted for dues will be remitted to the Secretary-Treasurer of the Local as soon as possible after the end of each fiscal month. Each remittance will be accompanied by a statement showing the amounts of the deduction of each employee.

7.07 Any changes in the amount of monthly Union dues will be certified to the Company by the Secretary-Treasurer of the Local. A certification in a form acceptable to the Company which changes the dues will become effective not later than fifteen (15) days following the date the Company receives such certification.

7.08 The Company will include the amount of dues deductions on the T 4 slips issued by the Company to employees covered by this Collective Agreement.

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7.09 The Company will distribute T4 slips by February 20.

ARTICLE 8

REPRESENTATION

8.01 The Union will be represented by three committee members who will be elected by the membership and who will be known as the Plant Committee. These committee members will be permanent employees with seniority status in the plant. The union will notify the company who these people will be and which one is the chairperson.

8.02 The chairperson will have super seniority for layoff and recall purposes and will work steady days. The two committee persons will have top seniority for lay off and recall purposes. One committee person will remain on steady days with the chairperson.

8.03 The Committee will meet with the management representatives on a regular basis which is mutually agreed upon to discuss and resolve grievances and other matters raised by either party. The Company will supply the meeting room during regular working hours.

8.04 Representation for the Bargaining Unit employees will be provided by any one of the committee persons who will act on behalf of the union employees in the plant.

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8.05 A committee person, after notifying their departmental supervisor, will be permitted without loss of regular hourly pay to leave their regular duties for a reasonable period of time to handle union grievances and other Bargaining Unit business in the plant. It is understood that this time will be devoted to the prompt handling of these matters and will not be abused.

8.06 The Company recognizes that the Plant Committee will also function as the Negotiating Committee.

8.07 The Company will allow paid time off the job for monthly union council meetings to a maximum of three hours for time missed, for one union representative.

8.08 The Company will allow paid time off for three union representatives for collective agreement negotiations, but not including negotiation preparation time.

8.09 When requested by an employee, a union representative will be summoned by a company representative promptly.

8.10 A union representative will be present at all employee meetings that relate to the employee's record i.e. return from WCB, modified work meetings etc.

8.11 The Company, upon proper notification will grant the President of the Local and National Representatives entry into the Company plant or offices.

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ARTICLE 9

EMPLOYEE ORIENTATION

9.01 The Company agrees to acquaint new employees with the fact that a Collective Agreement is in effect and with the conditions of employment set out in the articles dealing with union security and dues check off. A new employee will be advised of the name and location of his/her union representative in the same work area as the new employee. The immediate supervisor will introduce the new employee to his/her union representative who will provide the employee with a copy of of the collective agreement.

9.02 It is agreed that a company and union representative will meet concurrently for 30 min. with each new employee within regular working hours without loss of pay. This is for the purpose of aquainting the new employee with the benefits and duties of union membership and the employees and employers responsibilities and obligations. This will be done within 30 days of employment.

ARTICLE 10

COPY OF AGREEMENT

10.01 The Company will provide a copy of the Collective agreement in booklet form to all employees.

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ARTICLE 11

DATA TO BE SUPPLIED TO UNION

11.01 The Company will supply the Plant Committee with the following information and will send a copy to the local union office on a monthly basis:

1. Employees who acquire seniority

2. Employees by rate and classification

3. Employees transferred in or out of the Bargaining Unit

4. Employees on leave of absence, Worker's Compensation, Long Term Disability or Sickness and Accident.

5. Laid-off and recalled employees.

6. Employees who have lost seniority.

7. Employees who are discharged.

8. Names and addresses (with postal codes) and phone numbers of all active and retired bargaining unit employees.

11.02 A list of Supervisors will be supplied to the committee with revisions as necessary.

11.03 A copy of all plant postings will be copied to the plant committee chairperson.

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11.04 If there is a dispute about an employees benefits, the Company will supply to the plant committee information such as time sheets and benefit contract details. It is understood that this information will remain confidential unless required for the purpose of grievances or arbitrations.

ARTICLE 12

OFFICE FACILITIES

12.01 Upon request, a room with phone (and long distance codes) may be used by the Plant Committee for meetings with employees.

12.02 The Company will maintain the current practice of providing the committee with the use of the fax machine, photocopier and any needed stationary or supplies.

ARTICLE 13

BULLETIN BOARDS

13.01 The Committee will have the use of one bulletin board in the plant for postings of Union notices. Such bulletin board to be supplied by the Company.

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ARTICLE 14

SENIORITY

14.01 The fundamental rules respecting seniority are designed to give employees an equitable measure of security based on length of service with the Company.

14.02 Seniority will be established for all employees in the Bargaining Unit on a plant wide basis.

14.03 Bargaining Unit employees' names will appear on the seniority list as of their date of hire. This list will be revised every three (3) months. A copy will be posted on the plant bulletin board and one copy given to the Union Chairperson.

14.04 Employees will be regarded as probationary for the first three (3) months of their employment and will have no seniority rights during that period. The employment of a probationary employee may be terminated at the sole discretion of management at any time during that period. However, if the employee is retained beyond the probationary period, their seniority will date back to their date of hire and accumulate thereafter. Employee benefits, excluding dental plan, will commence after completion of the probation period.

14.05 In the event that more than one employee is hired on the same date, the Company will randomly assign each employee with a seniority code number to be used in

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determining each employee's seniority standing. (i.e. the lowest seniority code number will be the highest seniority standing on such date.)

ARTICLE 15

LOSS OF SENIORITY

15.01 Seniority rights will cease for any of the following reasons:

(a) If an employee voluntarily quits the employ of the Company.

(b) If the employee is discharged for just cause and not reinstated through the grievance procedure.

(c) If an employee overstays a leave of absence or remains away from work without permission tor a period of more than five (5) consecutive working days unless the employee has justifiable reason for such absence.

(d) If an employee who has been laid off fails to report for work in accordance with a notice of recall, or within five (5) working days after registered mailing date of such notice (to the last address on record) whichever is later, unless a satisfactory reason is given.

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15.02 In case of lay-off, an employee will have recall rights equal to their seniority up to a maximum of two (2) years;

Seniority Recall Rights

3 months 3 months

1 year

3 years

1 year

2 years

15.03 If an employee transfers to a position outside the Bargaining Unit, they may maintain seniority rights for a period of one ( 1) year after that date.

ARTICLE 16

EXCEPTIONS TO THE SENIORITY PROVISIONS

16.01 In the event of an employee suffering a disability which would prevent the employee from carrying out normal duties, the Company and the union may make exceptions to the seniority and job opportunities provisions of this agreement in favour of such employee.

When exceptions are made pursuant to this section involving an employee that is recognised by the Company and the union to be an unusual placement problem, the parties may further agree that such employee may not be displaced under the lay-off and recall provisions of this agreement.

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ARTICLE 17

LAYOFF AND RECALL

17.01 The Company will give at least seven (7) days notice of contemplated lay-offs.

17.02 Employees will be laid off and recalled based on plant wide seniority and skills. Where skills are approximately equal, seniority will prevail. Management will not be obliged to place any employee on any job unless he/she is capable of performing the normal requirements of the job.

17.03 In the event of a dispute regarding an employee's ability to perform the available work, such employee will be given a five (5) working day trial for the purpose of determining their ability. This will not apply in the event of a temporary lay-off.

17.04 Employees who have been laid off in accordance with the above provision will be returned to work in line of seniority in which they were laid off, provided they are able and willing to do the work available.

17.05 The Company will provide the Chairperson with a list of employees to be laid off or recalled, as well as any cancellation of such notices.

17.06 Any employee notified of his/her layoff must notify the company within a week of his/her intention to bump an

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employee with less seniority and the position that he/ she wishes to bump into.

ARTICLE 18

DISCIPLINE

18.01 A Union representative will be present during all warnings regarding disciplinary actions. When an employee is called to an interview by a Supervisor and the subject of that interview is discipline, the employee will be so informed before the interview and will be advised to have his/her Committee person present and the interview will not proceed until the Committee person is present.

18.02 Any written disciplinary action, up to but not including suspensions, will be removed from an employee's record after eighteen (18) months. Suspensions will be removed from an employee's record after twenty-four (24) months.

18.03 A copy of all written disciplinary actions must be given to the employee and to the plant chairperson.

18.04 When the company intends or contemplates suspending an employee for three (3) working days or more, or discharging an employee, it will provide the employee and the union with written notification explaining the specific charges and reasons for taking the action.

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18.05 An employee will suffer no loss of employment until having received the official notification and until the union has had at least one (1) regular working day to investigate and make representation to the Company, except in cases of violence, theft, sabotage, assault, etc., where dismissal may be immediate.

ARTICLE 19

GRIEVANCE PROCEDURE

19.01 The parties to this Agreement agree that it is of the utmost importance to adjust complaints and grievances as quickly as possible.

19.02 Employees with their committee person will try to settle their complaints with their immediate supervisor as soon as possible after the complaint originated before proceeding with the formal grievance procedure.

STEP 1: If the complaint is not satisfactorily resolved within 24 hours, the Committee person will then prepare the grievance in writing on a form and submit it to the supervisor. The supervisor will give his/her written response within 3 working days of the receipt of the grievance.

STEP 2: II the supervisor's response is not acceptable, the Committee person may appeal the grievance to the

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Plant Manager {or designated representative) not later than two (2) working days after receiving the response. The Plant Manager will convene a meeting of the Plant Committee and representatives of management within five {5) working days. (A consultant may participate on behalf of the Company and national Representative and/ or president of Union Local may be present at the meeting.)

The Plant Manager's decision relating to the grievance will be rendered in writing to the Chairperson of the committee within two (2) working days of the meeting.

STEP 3: If management's decision is not satisfactory to the employees or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (1 0) days after management's decision.

19.03 The following special procedure will be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided.

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19.04 The term "working days" when used in this Agreement for grievance will exclude Saturdays, Sundays, holidays and vacations as defined herein.

19.05 The grievance procedure outlined in this agreement will apply equally to a grievance lodged by a group of employees

19.06 The Company will provide all grievance and appeal forms

19.07 A Union policy grievance will apply equally to this procedure and will commence directly to step 2.

ARTICLE 20

ARBITRATION

20.01 Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged, request the Minister of Labour of Ontario to appoint an arbitrator and will provide the other party with a copy of the request.

20.02 The grievance will immediately be referred to the arbitrator for an arbitration hearing to be held forthwith.

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20.03 The arbitrator will not be empowered to change by his decision any provisions of this Agreement or to give any decision inconsistent with the terms and provisions of this Agreement, but will be empowered to set aside or modify the penalty in the event of suspension or discharge.

20.04 The expenses for the arbitrator will be borne jointly by the Company and the Union.

20.05 In the event a grievance is filed for dismissal or improper layoff, all benefits provided herein will remain in force until the decision of the arbitrator is rendered. This clause will come into force in situations of compassionate grounds that are mutually agreed to by the parties.

ARTICLE 21

NEW JOB

21.01 When a new job is created within the Bargaining Unit, the Company may assign an employee to such a job for a period not to exceed thirty (30) calendar days. It will be the responsibility of the Company to establish a wage rate and classification for such a new job within twenty (20)calendar days of the commencement of the new job. The Company agrees to discuss with the Committee and provide all such data used to arrive at

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the new classification and rate, if the Committee and Company fail to agree on the new rate or classification for such a job, a policy grievance may be filed. The arbitrator will have the authority to set the new wage rate and classification and award redress.

21.02 New jobs will be posted within thirty (30) calendar days of start-up and experience gained as a result of temporary assignment will not be considered as qualification on the posting.

ARTICLE 22

JOB POSTING

22.01 In the event new jobs are created or vacancies are to be filled within the Bargaining Unit, the Company will post the new job or vacancies for a period of five (5) working days in order to allow Bargaining Unit employees to apply.

22.02 In filling new jobs or vacancies under this section, the employee with the greatest seniority who applied for the job, provided they have the necessary skills and ability may be given thirty (30) working days to determine their ability to perform the work required. If skills and ability are approximately equal, seniority will prevail.

In case the employee is not retained in the job by the Company, or the employee elects to give up the rights

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to the job (providing it is within the thirty (30) day period mentioned in 22.02 above) the employee will be returned to his/her former job and any other employee affected thereby will be returned to his/her job on a similar basis and thereafter the original job will be filled in accordance with this section of the agreement.

22.03 Decisions pertaining to the job postings will be made and posted within fourteen {14) days after the five (5) day initial posting. The names of who applied will be given to the plant chairperson.

ARTICLE 23

JOB EVALUATION

23.01 No job will be evaluated either upward or downward during the life of the agreement except by mutual agreement.

ARTICLE 24

TECHNOLOGICAL CHANGE

24.01 The Company agrees to discuss with the Plant committee in advance of any change in equipment or processes that would affect the employees in the bargaining unit with a view to training the existing employees.

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ARTICLE 25

TIME STUDY

25.01 Time Study will be made on the basis that an experienced bargaining unit operator can make standard, if he/she performs at a normal pace.

25.02 All time studies done in conjunction with setting standards or improving standards and all data pertaining to standards will be made available to the plant chairperson. Any dispute which may arise between the parties with regards to standards will be resolved through discussion between the Plant Chairperson and Management. Unresolved issues will be refered to a greivance settlement officer through the Ministry of Labour.

ARTICLE 26

CONTRACTING OUT OF WORK

26.01 The Company will not subcontract work, if such work can be performed by bargaining unit employees at work or on layoff, provided that the company has the necessary facilities and equipment to perform such work and provided such work can be performed in a manner that is competitive in terms of costs. quality and to the schedule required by the customer.

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26.02 Before any work is subcontracted, the Company will discuss its intensions with the plant chairperson. No bargaining unit employee will be terminated, laid off or have his/her regularly scheduled work day or work week reduced as a result of subcontracting.

ARTICLE 27

TEMPORARY TRANSFER

27.01 In the event that an employee is transferred by the Company to another job, he or she will receive the rate of that job if the rate is higher than their present rate.

27.02 However, if an employee is transferred to a lower paid job they will retain their regular rate of pay for a period of no more than thirty (30) working days. After thirty (30) working days, the Company may adjust their rate accordingly, provided there is no work available in their regular job.

27.03 This will not apply to an employee moved from a temporary assignment, or to an employee who refuses to return to his/her formerly held job from which they were moved.

27.04 When employees are transferred to other departments to work, high seniority employees if they have the required skills and ability, will initially be offered the

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move. At the point that no one wishes to move, the lowest seniority person with the skills and ability can be forced, if necessary, to accept the temporary transfer.

ARTICLE 28

WORK BY SUPERVISORS

28.01 Supervisors will not perform work regularly done by employees covered by this Agreement except for:

-routine maintenance

-trial runs, new processes and quality control

-instruction or training of employees

-in emergencies due to excessive absenteeism, by mutual consent, when regular employees are not available

28.02 Nick Van Gills will retain his present status outside the bargaining unit for the lifetime of his employment. Future setup positions will be jobs in the bargaining unit.

28.03 If a union representative inquires about a non bargaining unit employee performing bargaining unit work, he/she will be furnished with an explanation by the Company.

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ARTICLE 29

FIRST AID

29.01 First Aid facilities will be supplied by the Company.

29.02 The Company will provide First Aid training and CPR. training for up to four (4) people on a voluntary basis.

ARTICLE 30

INJURY AT WORK

30.01 Employees who are injured at work and who are unable to continue at their job or who are sent home by the Company because of their injury will be paid their regular earnings for the balance of the shift on which the injury occurs.

30.02 The Company agrees that an employee will be paid for time lost due to treatments related to an occupational accident or illness when such treatments are arranged by the doctor during regular working hours.

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ARTICLE 31

HEALTH AND SAFETY

31.01 The Company and the union acknowledge the importance of maintaining high standards of Health and Safety in the plant in accordance with the requirements of the Occupational Health and Safety Act and agree to actively support a jointly developed health and safety program in the plant

31.02 The Company will make adequate provision for the safety and health of all employees during hours of employment and will make every effort to comply in a timely manner with Occupational Health and Safety legislation pertaining to its operations.

31.03 The union agrees to actively promote measures to assure the health and safety of all employees.

31.04 The parties agree to continue to maintain a Joint Health and Safety Committee in the workplace as per current legislation with two management and two worker members.

31.05 When measures or samples of occupational environ­ment are being taken, the Union Health and Safety Representative will have the right to participate in and observe the measurements or sampling.

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I.

31.06 In the workplace the Joint Health and Safety Committee will in addition to their responsibilities under the Occupational Health and Safety legislation: 1. Promote compliance with pertinent Health

and Safety legislation. 2. Make regular workplace inspections and

promptly report to management any potential health and safety hazards.

3. Meet regularly, at least once a month, to review their findings. Make reports and recommendations to management on elimination of health and safety hazards and improvements to the health and safety program.

4. Designate one (1} Health and Safety Committee member who represents workers and one (1} member who represents management to investigate any personal injury accident involving lost time and major accidents which do not result in lost time but indicate a high potential for such. Reports with recommendations will be made to management of such investigations.

5. Review the results of all accident investigations.

6. Be consulted in the selection of protective devices and equipment with the terms and conditions under which they are to be used.

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7. Develop and recommend an appropriate site specific Health and Safety training program for the various departments of the plant.

31.07 The Company will: 1. Disclose to employees the identity of all

known designated substances, harmful physical agents or toxic materials to which workers are exposed in this workplace.

2. Provide medical monitoring as required by legislation.

3. Provide, maintain and make available for its use and the use of the Joint Health and Safety Committee the following: a gasteck pump, carbon monoxide and carbon dioxide tubes and instruments necessary to measure temperature, humidity and noise levels.

4. Consult with Joint Health and Safety Committee on the safety features of new plant equipment or change in processes.

5. The Company agrees that all articles pertain­ing to health and safety in this agreement are minimum requirements.

31.08 The Company will allow the Joint Health and Safety Committee to investigate any manual lifting concerns that may arise in the plant.

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31.09 DANGEROUS CIRCUMSTANCES

(a) The Company agrees that two designated certified representatives (as defined under the Act) will have the right to investigate dangerous circumstances at the workplace at any time.

(b) If the certified members determine that a dangerous circumstance exists, they may direct the Company to stop work or stop the . use of any part of the workplace, equipment, machine, device, article or thing.

(c) If the Company receives a direction under paragraph (b) the Company will immediately comply.

31.10 (a) No employee will be discharged, penalized, coerced, intimidated or disciplined for acting in compliance with the Act or its regulations and environmental laws or regulations.

(b) Any employee who refuses work under the Act and all employees affected by the refusal will lose no pay, seniority or benefits during the period of refusal.

The above principles apply in the case of a dangerous circumstance.

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LOCKOUT AND CONFINED SPACE PROGRAM

31.11 Both parties recognise the need for a lockout and confined space program.

31.12 The lockout, confined space procedure and training program for the plant will be developed, updated and maintained by the Joint Health and Safety Committee. The training program will both be the six (6) ho~,.tr course offered by the Workers' Health and Safety Centre with such additional course material as the CorT)mittee may determine necessary.

31.13 Employees who may be at risk because they are required to set up or to repair or maintain machinery, equipment or systems where lockout is required, will receive lockout training, which will be given by an instructor chosen by the Joint Health and Safety ( Committee.

31.14 Employees who may be at risk because they are required to work in confined spaces and where this procedure is required, will receive confined space training which will be given by an instructor chosen by the Joint Health and Safety Committee.

31.15 All training will be completed within six months of the effective date of the collective agreement.

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ARTICLE 32

HEALTH AND SAFETY TRAINING

32.01 The Company will provide adequate time for training on Health and Safety. The program and the trainer are to be determined by the Joint Health and Safety Committee.

The programs will include

(a) Generic WHIMIS updates

(b) WHIMIS specifics

(c) review of H & S Act

(d) MIPP Program

32.02 The Company agrees to train all members of the Joint Health and Safety Committee in the appropriate Workplace Health and Safety Agency certification course. The agency to do the training will be selected by the Joint Health and Safety Committee. The Company agrees to cover the appropriate costs involved in taking these courses and to have them completed within six months. Any vacancies of a

. certified member will be replaced within six months.

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INSTRUCTOR TRAINING

32.03 (a) The Company agrees to pay the costs to have a trainer, chosen by the union in consultation with the Company to coduct health and safety training.

(b) The course will be one chosen by the Joint Health and Safety Committee.

ARTICLE 33

NATIONAL DAY OF MOURNING

33.01 The Company agrees to allow employees to observe one (1) minute of silence at 11:00 a.m. on April 28th of each year in observance of those workers killed on the job and on November 11th each year in observance of those killed in the war.

33.02 The Company agrees that the union can post a notice on the bulletin board advising employees of the 1 minute silence.

ARTICLE 34

RE-EMPLOYMENT OF DISABLED EMPLOYEES

34.01 The Company agrees to offer every disabled employee a suitable job upon the employee's return to work which will continue as long as the disability lasts and will do so according to the following process: ·

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a) the Company will modify the employee's job to accommodate the employee's disability.

b) the Union and Company agree that if it is physically or technically impossible or financially prohibitive or not in the best interest of the employee to modify the employee's job, the Company will offer the employee an alternate job or modified alternate job within the bargaining unit considered suitable by the Company, union and employee.

c) the Union and Company agree that if reduced hours of work are in the best interest of the employee, the employer will accommodate the reduced hours of work with a letter of understanding pertaining to the employee. Wage replacement benefits for time not worked will be paid for by the Company and rembursed by the compensation board or by the insurance carrier but in no case will the employee receive less income than the applicable benefit level.

d) the seniority provisions of the Collective Agreement such as the job posting procedure will only be set aside to accommodate disabled employees if the Union agrees. The layoff and recall provisions of this Agreement will apply in the same manner as if the person had not been disabled.

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ARTICLE 35

HOURS OF WORK

35.01 The normal work week will consist of 40 hours.

Day Shift 7:00am - 3:00pm

Afternoon Shift 3:00pm - 11 :OOpm

Night Shift 11 :OOpm - 7:00am

There will be a paid twenty (20) minute lunch break and two ten (10) minute coffee breaks. Any changes to hours of work, other than three shifts of eight hours, will be negotiated with the union.

35.02 Employees are expected to be at their machines ready to work at the specified starting time. Employees reporting in late for work will have their wages deducted to the nearest 1/1 0 of an hour. A six (6) minute grace time will be allowed before lateness is considered.

35.03 LUNCH AND BREAK TIMES

First Break Lunch Second Break

Day 9:00- 9:10am 11 :20 - 11 :45am 1 :30 - 1:40pm

Afternoon 5:30 - 5:40pm 7:30 - 7:55pm 9:30 - 9:40pm

Night 1:00- 1:10am 3:00 - 3:25am 5:00 - 5:1Oam

Lunch times include five (5) minutes wash up.

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There will be a fifteen (15) minute break prior to the commencement of any overtime of two (2) hours or more. If break times need to be covered in order to run critical machining centres, volunteers will be asked for. If no volunteers are found, then the lowest seniority worker capable of performing the function in the department will be assigned the break relief for that shift.

35.04 There will be a five (5) minute paid personal wash-up period prior to the end of the shift. Sufficient time will be allowed for work area clean up at the end of the shift.

35.05 The Company will request volunteers for shift work. If none are available, then shift workers will be appointed.

35.06 The following people will remain on steady day shift until they are grandfathered out or they choose to excersize their rights under article 62.04.

Linda Walsh, Doug Shankland, Nancy Bebee.

ARTICLE 36

OVERTIME PAY

36.01 Hours worked on Sundays or on any normally paid holiday as specified in the Agreement will be paid double (2X) the hourly rate. Excluded are regular shifts that commence on Sunday Nights or on a paid holiday.

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36.02 The overtime rate will be time and one half for:

1. all time worked in excess of the normal work hours on a regular shift day.

2. all time worked on Saturday.

ARTICLE 37

OVERTIME ALLOCATION

37.01 All overtime will be distributed equally within each department and will be on voluntarily basis.

The following procedure will be observed:

a) Overtime equalisation will be based on the total number of hours worked and offered starting at zero hours for all workers on an calendar monthly basis.

b) Each employee's total number of overtime hours will be recorded. This record will consist of total overtime hours "worked and offered", not overtime hours paid. The record will be posted each Monday with a copy to the union. The number of overtime hours available will also be recorded and posted.

c) Overtime work will be offered, by using the department seniority list. Each union member will be given the opportunity to work if they have the required skills and ability, until the desired number of people is

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achieved. The next overtime week the list will continue, by giving the opportunity to work to those members with the least number of overtime hours or offered providing they have the required skills and ability.

d) If any worker agrees to work overtime and does not show up for the overtime, this will be considered and recorded as "worked hours at the applicable overtime rate" for overtime equalisation purposes.

37.02 Overtime offered for Saturday will be done on Thursday, to ensure proper notice and enable the procedure to be done.

37.03 If a worker is off sick the day overtime is offered (for Saturday of that week) he/she will be given the opportunity to work on the day of return in the same week as long as the return day is not the overtime day i.e. it is understood that if a worker returns from sick days on a Friday, he/she will not be eligible unless nobody in the bargaining unit is willing to work that overtime.

37.04 If overtime workers cannot be found within the department or the number of desired people is short, volunteers can be asked for, using the plant seniority list taking into account skill and ability.

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37.05 Probationary employees may be asked to work overtime only in the event that no seniority workers want to work the overtime available. Probationary employees will not be subject to overtime equalization until their three (3) month probationary period has expired.

ARTICLE 38

REPORTING IN PAY

38.01 Any employee reporting for work on their regular scheduled shift and who has not been properly notified not to report will receive a minimum of four hours pay at the applicable hourly rate.

38.02 Employees who have commenced the second half of their shift will be paid for the balance of the shift.

ARTICLE 39

EMERGENCY CALL BACK PAY

39.01 Any employee called back to work after completion of their regular shift will receive in such instances a minimum of four hours pay based on their regular hourly rate and the shift premium, if applicable.

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ARTICLE 40

PAY DAY

40.01 Pay day will be once per week. Cheques will be paid into a bank of their choice by direct deposit by noon on Thursday.

ARTICLE41

JOB CLASSIFICATIONS

41.01 1st yr. 2nd yr. 3rd yr.

Leadhand Cut-Off 17.40 17.90 18.40

Cut-off Operator 16.40 16.90 17.40

Press shop lead-hand I Set-up 20.35 20.85 21.35

Forge Operator 17.60 18.10 18.60

Press Operator 16.40 16.90 17.40

Machine Shop Operator A 16.40 16.90 17.40

Machine Shop Operator B 16.15 16.65 17.15

Machine Shop Set-up 19.08 19.58 20.08

Machine Shop Set-up Lead-hand 20.08 20.58 21.08

Cleaner I Vibra finish 15.75 16.25 16.75

Leadhand Cleaning 17.10 17.60 18.10

Material Handling 15.50 16.00 16.50

Shipper/Receiver 17.08 17.58 18.08 Leadhand Packer 16.50 17.00 17.50

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Packer 15.50 16.00 16.50

General Labour 15.30 15.80 16.30

Tool Crib Attendant 17.20 17.70 18.20

R. McEachern 14.40 14.90 15.40

CNC Set-up Programmer 23.08 23.58 24.08

41.02 New hires will receive forty cents (40c) per hour below the base rate and will increase after three (3) months.

41.03 Employees undergoing formal training to qualify for Machine Shop Set-Up positions will receive $1.00 below the rate until completion of the agreed upon program.

ARTICLE42

SHIFT PREMIUM

42.01 Afternoon shift workers will receive a bonus of sixty cents over their regular hourly rate.

42.02 Night Shift workers will receive a bonus of ten percent (10%) of their regular hourly rate.

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ARTICLE43

HOUDAYS

43.01 Employees will be paid eight hours straight pay for the following holidays.

2001/2002 2002/2003 2003/2004 December 24 (M) December 24 (Tu) December 24 (W) December 25 (Tu) December 25 (W) December 25 (Th) December 26 (W) December 26 (Th) December 26 (F) December 27 (Th} December 27 (F) December 29 (M) December 28 (F) December 30 (M) December 30 (Tu) December 31 (M) December 31 (Tu) December 31 (W) January 1 (Tu) January 1 (W) January 1 (Th)

The following holidays also apply: Good Friday I Victoria Day I labour Day I Easter Monday I Canada Day I Thanksgiving Day. These holidays will be paid for hours worked.

43.02 Employees who have completed their probationary period and work on any paid holiday will receive double (2x) the hourly rate for hours worked in addition to the holiday pay herein provided.

43.03 To be eligible for holiday pay, an employee must have worked on the scheduled working day immediately prior to and immediately following the paid holiday unless the absence is due to:

1. Verified illness - requires a doctor's certificate which states that the employee was unable to work.

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2. Short term layoff- provided the employee has earned wages on at least 12 days during the four (4) weeks immediately preceding the holiday.

3. Death in the family - as defined under the section entitled Bereavement Leave.

4. Is excused by his/her immediate supervisor from working said days.

43.04 The employee must have completed the probationary period. ·

43.05 An employee on vacation when a holiday is observed will receive an extra days vacation with pay.

43.06 Where a holiday falls on a non-working day, the employee will be paid his regular wages for the holiday, or a working day to represent that holiday will be designated by mutual agreement of the parties to this Agreement. This is to be done before the next annual vacation.

43.07 Where a holiday falls on a mid week day, it will be deferred to make a long weekend. The day is to be decided by mutual agreement.

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ARTICLE44

VACATION

44.01 The plant will normally close for the last week in July and the first week in August.

44.02 If work is required during a vacation shutdown period, the opportunity to work will be offered to employees by seniority, providing they have the required skills and ability.

44.03 Vacation pay will be calculated on earnings for the 12 months from the Monday closest to July 1st of the previous year to the Saturday closest to June 30th of the current year.

44.04 Employees having less than one year's seniority as of June 30th will receive vacation pay and time in accordance with the Employment Standards Act.

44.05 Employees with one or more years service as of June 30th are entitled to two weeks vacation and vacation pay at the rate of 4% of all monies earned.

After five years of continuous service, employees are entitled to three weeks vacation and vacation pay at the rate of 6% of all monies earned.

At the completion of ten years continuous service, employees are entitled to four weeks vacation and vacation pay at the rate of 8% of all monies earned.

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At the completion of twenty years continuous service, employees are entitled to five weeks vacation and vacation pay at the rate of 10% of all monies earned.

44.06 Employees will receive their vacation pay the second pay period of July each year on a separate cheque with all necessary information to verify the accuracy of the pay.

44.07 Employees entitled to more than two weeks vacation will make arrangements for the extra time off with their Supervisor.

44.08 Should an employee die, any vacation pay owing will be forwarded to the Estate.

44.09 Employees will be eligible to accumulate vacation pay while away from work on WSIB after five consecutive days absence, providing the employee has completed one pay period during the year of vacation entitlement.

ARTICLE 45

BENEFITS

45.01 The Company will supply a brochure outlining all the Company benefits provided.

45.02 The Company provides the following benefits fully paid by the Company to Employees covered by this agreement.

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a) Group Life and Accidental Death and Dismemberment Insurance - $45,000 first year. $50,000 second year. $55,000 third year.

b) Sickness and Accident- up to 17 weeks protection up to 60% of earnings up to a maximum of $500 per week, commencing on the first day of accident or hospitalization and on the sixth day of sickness. No new waiting period will be required if an employee is absent because of reoccurance of the same or related condition within a two week period from the date of his/her return to work. All group health benefits will continue in effect during the period covered by this benefit.

c) Long Term Disability- 100% paid

d) Major Medical Coverage -Non deductible Drug Plan - included in major deductible. A card will be provided for the purchase of prescription drugs from any drug store at no cost to the employee.

Vision Care - $200 every 24 months per family member. In addition prescription safety glasses will be company paid once per 24 months, lenses as required.

e) Dental Plan -after one (1) year of service­Nondeductible.

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45.03 The Company reserves the right to specify the carriers and will supply a copy of the contract agreement to the union committee.

45.04 Company payment of benefit premiums will cease when an employee quits, or is discharged, or after 30 days of leave of absence (except for parental leave- Article 54)

45.05 Employees who choose early retirement will continue to receive Company benefits (Major Medical, Drug Plan, Vision Care and Dental Plan) until the age of 65, providing they have completed 20 years service.

ARTICLE 46

PROTECTIVE EQUIPMENT

46.01 The Company will pay all employees $125.00 first year $125 second year. $125 third year in their paycheck, for the purchase of safety shoes. This will be identified on their paycheck under deductions. Note that employees will not be allowed to work without adequate safety footwear.

46.02 The Company will supply non-prescription safety glasses and hearing protection.

46.03 For employees who require them in their work, the Company will reimburse the cost of one pair of industry­rated prescription safety glasses once per 24 months per employee. Lenses may be replaced as required.

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46.04 The company will provide additional safety equipment as required.

46.05 The Company will supply at no cost, winter outerwear for employees required to work outside in the winter.

46.06 The Company will provide a subsidised uniform service. The Company will pay half the uniform service cost and the employee will pay the other half, which will be deducted every week from their pay. Employees not wishing to participate in the subsi dized uniform service will receive $70.00 in their paycheck, the entry will be identified under deductions. This payment is to be used for the purchase of work clothes as required. Employees who wish to join the uniform service after this pay ment has been made may do so but will have to pay the full cost of the uniform service. All payments of footwear and clothes will be paid out no later than the first pay week of September each year.

ARTICLE 47 PENSION PLAN 47.01 The Pension Plan for Bargaining Unit employees will

be operated through Canada Wide Industrial Pension Plan (CWIPP).

47.02 Employer contributions will be 80 cents the first year,

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90 cents the second year and 1.00 cents the third year of this agreement.

47.03 The plant chairperson will have CWIPP contributions paid for by the Company for hours spent away from the plant on union business (excluding overtime hours) verified by the President of CAW Local1090.

ARTICLE 48

PHONE CALLS

48.01 Incoming calls for employees (other than at break and lunch times}- a message will be written out and given to the employee without delay. Calls on breaks, lunches and those declared emergencies will be paged immediately.

48.02 All calls for union business to the representatives will be paged.

48.03 Afternoon and night shift workers will have calls ring into the plant until they are answered.

ARTICLE 49

PARKING

49.01 The Company will make available a parking area for all employees at no cost to them.

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ARTICLE 50

LUNCHROOM AND WASHROOMS

50.01 The Company will provide a proper lunch room facility for all employees that will include microwave ovens, a refrigerator and soft drink machine.

50.02 Clean sanitary washrooms will be maintained.

ARTICLE 51

TUITION AND BOOK REFUND

51.01 It is the policy of the Company to encourage all employees to engage in personal self development through enrolement in formal academic training courses in the community and at work.

51.02 Required courses or workshops will be fully paid by the Company. In addition, the Company will pay straight time hours to hourly employees for course time on Company required courses.

51.03 Where an employee identifies a job related course that would enhance their job skills or abilities, the Company would be prepared to reimburse the employee for the full course fees and books upon successful completion of the course. The course would have to be taken on the employee's own time and with prior approval of management.

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51.04 The Company in cooperation with the Union will be as flexible as possible in shift assignments to maximise class attendance.

ARTICLE 52

BEREAVEMENT LEAVE

52.01 A seniority employee who suffered the loss of a member of his/her immediate family will be granted up to three (3) days leave of absence with pay for the purpose of attending the funeral and conducting other associated business, provided he/she actually attends the funeral and that the bereavement days fall on regularly scheduled working days of the employee. Employees will be granted one (1) day leave of absense with pay if unable to attend the funeral of his/her immediate family.

52.02 Immediate family will mean; spouse, father, mother, step parents, child, sister or brother, sister-in-law, brother-in-law, parents of current spouse, daughter-in-law, son-in-law, grandparents or grandchildren of any employee covered by this agreement or of their current spouse.

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ARTICLE 53

LEAVE OF ABSENCE

53.01 An employee wishing to have a leave of absence will make application to his/her Supervisor. Where a leave of absence is granted, the Supervisor will advise the Company which will advise the the employee in writing of the terms of such leave of absence. No employee will be granted a leave of absence to engage in a trial period of business or to work for another employer.

53.02 The Company agrees to grant leaves of absence to employees on compassionate grounds or in extenuating circumstances. The Company further agrees to grant vacation leaves of absence in conjunction with the employees' vacations where in the Company's opinion production requirements will permit

53.03 The Company agrees to meet with the plant committee in order to resolve such requests based on seniority.

53.04 The Company will grant leaves of absence for verified illness in the immediate family for a period up to six (6) months.

53.05 An employee on an authorised leave of absence will accumulate seniority during such absence. The Union will be informed of authorised leaves of absence.

53.06 Benefits will be covered up to thirty (30) days.

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53.07 An employee with seniority, elected or appointed to a full time position in the local union, national union, CAW, OFL, CLC will be granted leave of absence without pay for the length of his/her appointment. During such leave the employee's benefits will cease, but seniority and pension will continue to accrue.

53.08 The Company will grant up to a total of 4 weeks leave of absence per year to union representatives, excluding paid education leave, on written request made by the President of the local union at least seven (7) working days when possible prior to commencement of the requested leave for the purpose of attending to union business.

The Company will continue to pay benefits and pension credits for employees on short-term union leaves.

ARTICLE 54

PARENTAL LEAVE 54.01 The Company agrees to provide a pregnancy leave

of up to seventeen (17) weeks for a pregnant employee with a minimum of thirteen (13) weeks service prior to her due date.

54.02 In addition, the Company agrees to provide a parental leave of up to thirty-seven {37) weeks for an employee who is a parent, including an adoptive

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parent, following the birth of his/her child or the adoption of the child. In the case of a pregnant employee, the parental leave shall commence forthwith after the expiry of her pregnancy leave.

54.03 Each of the rights, benefits, terms and conditions for pregnancy and parental leave as set out in the Employment Standards Act and Regulations as they existed on February 1, 2001, shall be minimum requirements incorporated within this collective Agreement.

54.04 It is agreed that the union and bargaining unit employees shall not be disadvantaged in any way by any amendments to the Employment Standards Act and Regulations. For greater clarity the Collective Agreement provisions shall prevail under such conditions.

54.05 Where this Collective Agreement provides an employee(s) with a greater right, benefit, term or condition for pregnancy and parental leave, that specific right(s), benfit(s), term(s) or condition(s) in question in the Agreement shall prevail.

54.06 In the event the Employment Standards Act and Regulations are amended to provide a greater right, benefit. term or condition to an employee(s) with

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respect to pregnancy and parental leave than that which existed on February 1, 2001 each of such amended provisions shall be incorporated within this Collective Agreement.

54.07 Benefit coverages shall be maintained for an employee on leave under this article and the Company shall continue to make the employer's contributions for such coverages.

54.08 An employee on leave under this article shall acrue seniority and pension credits throughout his/her period of leave.

54.09 Upon completion of leave of absence, or earlier, an employee will advise the Company of their intention to return to work which will be arranged immediately.

54.1 0 Employees returning from parental leave will be returned to their former job. If the former job does not exist, every effort will be made to place them on a comparable job.

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ARTICLE 55

PUBLIC OFFICE LEAVE

55.01 An employee with seniority, elected or appointed to an essentially full-time Federal, Provincial or local public office, may make written application for a leave of absence for the period of his/her first term of active service in such public office. If such leave is granted, additional leaves of absence for service in such office may be granted at the option of Management upon written application by the employee.

55.02 Any employee granted such leave of absence will be entitled to reinstatement at the then current rate of pay, to such work as he may be entitled on the basis of the seniority provisions of this Agreement. Seniority will continue to accumulate during the period of such leave of absence.

The employees' request for leave of absence may also include the necessary time to campaign for such office.

ARTICLE 56

PAID EDUCATION LEAVE

56.01 The Company agrees to pay into a special fund three (3) cents per hour per bargaining unit employee for all

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compensated hours for the purpose of providing paid education leave. Such leave will be for upgrading the employee in all aspects of trade union functions. Payments should be made on a quarterly basis , into a trust fund established by the national union, CAW effective from the date of ratification. Cheques should be made payable to

CAW Paid Education Leave Program

205 Placer Court,

Toronto,

Ontario

M2H 3H9

56.02 The Company further agrees that the members of the Bargaining Unit selected by the Union to attend such courses, will be granted leave of absence without pay for twenty (20) days class time plus travel time where necessary. Said leave of absence to be intermittent over a 12 month period from the first day of leave. Employees on said leave of absence will continue to accrue seniority and benefits.

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ARTICLE 57

JURY DUTY

57.01 The Company will make up the difference between the amount of money per day received by an employee while serving as a member of a jury, including coroners juries or as a subpoenaed witness., to an amount equal to the employee's normal shift pay which he/she would have been eligible to receive for working that day.

ARTICLE 58

SUBSTANCE ABUSE

58.01 Substance abuse is recognised to be a serious medical and social problem that can affect employees. The Company and the Union have a strong interest in encouraging early treatment & assisting employees towards full rehabilitation.

58.02 The Company will provide a comprehensive approach towards dealing with substance abuse and its related problems. Company assistance will include referral of employees to appropriate counselling services or treatment and rehabilitation facilities.

58.03 The Company will provide all normal group insurance benefits while under a medically prescribed course of treatment.

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58.04 A committee will be set up comprising representation of the Company and the union to administer the program. Union substance abuse representatives will be provided such time as is necessary for the administration of the program.

ARTICLE 59

TOTAL OR PARTIAL PLANT CLOSURE

59.01 The Company will advise the Union at least six (6) months in advance of any contemplated shutdown of operations that will affect the employees. Such notice will be in writing and indicate the reason for the shutdown.

59.02 The union and the Company will meet immediately to discuss the contemplated shutdown with a view to providing a solution to the problem or jobs for the employees involved.

ARTICLE 60

RELOCATION OF PLANT

60.01 In the event the Company moves its operations to a new location, the employees affected will have the right

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to transfer to the new location. Further this contract will apply and will remain in full force and effect at the new location and none of its rights and obligations will be varied.

ARTICLE 61

TERMINATION ALLOWANCE

61.01 The Company agrees to provide termination allowance as per legal requirements.

ARTICLE 62

GENERAL

62.01 If requested by the Company an employee will supply a doctor's note for illness, after three {3} working days of continued absence. The cost of all notes will be billed to and paid for by the Company.

62.02 The Company and the union agree that all references to the words "will " or "shall" will/shall have equal meaning and strength through this agreement.

62.03 The Company will establish job assignments that will be based on fairness and equity. Any disputes concerning this will be resolved by the union and management.

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62.04 The Company will respect the shift of choice for employees by seniority provided there is adequate work available within their job classification on such shift of choice and the employee is capable of performing such work.

62.05 Job assignments will be rotated on a daily basis unless otherwise agreed to by the employee.

ARTICLE 63

TERM OF AGREEMENT

63.01 This agreement will remain in effect as of September 1, 2001 until August 31, 2004 and unless either party gives to the other party written notice of termination or of a desire to amend the Agreement, then it will continue in full force and effect.

Notice that amendments are required or that either party intends to terminate the Agreement will only be given during the period of not more than ninety (90) days prior to the expiration date of said Agreement.

63.02 If negotiations for renewal of this Agreement should extend beyond the expiry date, it is agreed that the negotiated wages of the Agreement will be retroactive to the termination date of the previous Agreement, regardless of the date the Agreement is executed.

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It is understood that during any negotiations following upon notice of termination or notice or amendment, either party may bring forward counter proposals arising out or related to the original proposals.

LETTER OF INTENT

The Company intends to use the Workers Health and Safety Centre for instructor training for the duration of the contract.

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For the Union

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