collective agreement...assurance and clerical staff. article 3 -relationship 3.01 the provisions of...

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COLLECTIVE AGREEMENT BETWEEN THOMSON FASTENERS INC. (hereinafter referred to as the Company) -and- THOMSON (CANADA) RIVET EMPLOYEES' ASSOCIATION LOCAL #3003 - LIUNA LOCAL 3000 (hereinafter referred to as the U11ion or TCREA-LIUNA, Local 3003) THIS AGREEMENT ENTERED INTO THE t•tDAY OF APRIL, 2020 EXPIRES MARCH 31 5 \ 2021

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Page 1: COLLECTIVE AGREEMENT...assurance and clerical staff. Article 3 -Relationship 3.01 The provisions of this Agreement shall be applied in a manner tl1at is not contrary to the provisions

COLLECTIVE AGREEMENT

BETWEEN

THOMSON FASTENERS INC.

(hereinafter referred to as the Company)

-and-

THOMSON (CANADA) RIVET EMPLOYEES' ASSOCIATION LOCAL #3003 - LIUNA LOCAL 3000

(hereinafter referred to as the U11ion or TCREA-LIUNA, Local 3003)

THIS AGREEMENT ENTERED INTO THE t•tDAY OF APRIL, 2020

EXPIRES MARCH 315\ 2021

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COLLECTIVE AGREEMENT INDEX

ARTICLE SUBJECT PAGE

1 GENERAL PURPOSE 2 2 RECOGNITION 2 3 RELATIONSHIP 2 4 MANAGEMENT RlGHTS 2 5 UNION SECURITY 3 6 UNION OFFICERS & STEWARDS 3 7 HOURS OF WORK & OVERTIME 4 8 CALL-IN REPORTING PAY 6 9 HOLIDAYS 6

10 VACATION 7 11 WAGES 9 12 PRODUCTION WORK 10 13 SENIORITY 11 14 WORK.ING CONDITIONS 14 15 NOTICES 15 16 INFORMATION TO THE UNION 15 17 LEA VE OF ABSENCE 15 18 DISCIPLINE 16 19 GRIEVANCE PROCEDURE 17 20 UNION GRIEVANCE 18 21 ARBITRATION 18 22 STRlKES AND LOCK-OUTS 19 23 JURY DUTY 20 24 BEREAVEMENT PAY 20 25 REST PERIODS 20 26 PREMIUM RATES 20 27 HEALTH & WELFARE 21 28 RETIREMENT 23 29 DURATION & TERMINATION 23 30 TRAINING COMPENSATION 24 31 NEW EMPLOYEES 24

SCHEDULE "A" 25 RATIFICATION 29

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Article 1 - General Purpose

1.01 The purpose of the Agreement is to establish and maintain orderly collective bargaining relations between the Company and the Union, to secure prompt and equitable disposition of grievances, satisfactory working conditions and satisfactory hours and wages for all Employees who are subject to this Agreement.

1.02 The Company and the Union agree that all Employees should actively participate in the TS-16949 Program. The goal of this program is to improve the Company's competitive position and sustain long-term profitability and security for itself, its Employees, and its Customers.

The Company and the Union agree to encourage and promote the greatest degree of participation in this program.

Article 2 - Recognition

2.01 If tl1e Company or any department relocates anywhere in Ontario, the current Collective Agreement remains in effect for all Employees concerned. Bargaining rights, seniority and wages are unchanged.

2.02 The Company agrees to supply the Union with the name, address and telephone number of all present and new Employees covered under this Agreement. The Union will also be advised of the Classification and Department to which new Employees are assigned at the end of their Probationary Period.

2.03 The Company recognizes the Labourer's International Union of North America Local 3000 (LiUNA Local 3000) as the exclusive bargaining agent for all employees of the Company employed in the Town of Gananoque, save and except supervisors, all persons above the rank of supervisor, office, engineering, quality assurance and clerical staff.

Article 3 - Relationship

3.01 The provisions of this Agreement shall be applied in a manner tl1at is not contrary to the provisions of the Ontario Human Rights Act.

3.02 the Company and the Union agree that there will be no discrimination against any Employee because of legitimate activity in the Union or because of his/her failure to join the Union or take part in the activity.

Article 4 - Management Rights

4.01 The Union agrees that the management and control of the Company's operations are exclusively the function of the Company and the Company has the right to make

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reasonable rules, regulations and decisions as it considers necessary for the orderly and efficient conduct of its business.

The Company agrees that these functions will not be exercised in a manner inconsistent with the terms of this Agreement and further agrees, whenever possible, to inform the Union of any decisions that may affect wages or working conditions before they go into effect.

Article 5 - Union Security

5.01 All Employees of the Company covered by this agreement shall pay initiation fees, monthly union dues, and any other fees and assessment to the Union and shall continue to pay such amounts during the life of this Agreement as a condition of continued employment.

5.02 The Company shall deduct fees and assessments, if applicable, and monthly union dues from all employees in the bargaining unit commencing the month after the month in which they are hired. Such dues shall be deducted weekly and remitted to the Union with a list of the employees on whose behalf such dues are remitted, no later than the 15ui day of the following month.

5.03 The company agrees to provide LIUNA and the local Union with a current list of names, addresses and telephone numbers of all Union members together with the Union dues remittance each month.

5.04 The Union shall keep the Company advised from time-to-time, in writing, as to what its dues, fees and assessments are and the Company shall be entitled to rely on such written advice.

5.05 It is understood and agreed that the Union will indemnify and save the Company harmless from any and all claims which may be made against it by an Employee or Employees for amounts deducted by the Company from earnings in any good faith attempt at compliance with the provisions of this Article.

5.06 The Company and the Union will split the cost for the production of a sufficient nurnber of pocket sized copies of the agreed to collective agreement. The parties will mutually determine which party will produce the collective agreement and the number of agreements required.

5.07 The Company and the Union agree to split the cost of the meeting rooms used for negotiating the collective agreement.

Article 6 - Union Officers and Stewards

6.0 I The Company further acknowledges that the Officers of TCREA-LIUNA, Local 3003 have the following Officers and Committees:

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a) The duly elected Executive Officers, being the President, Vice President, Secretary, Treasurer and Chief Steward.

b) A Negotiating Committee of three (3) representatives nominated by the Union for that purpose;

c) A grievance committee of two (2) representatives, the members being the President or Vice-President or Chief Steward or one (1) other designated representative.

6.02 The Local Union President, Vice-President and/or Steward understand their frrst priority is to perform their jobs. They may interrupt their regular duties for a reasonable period of time to investigate or process grievances provided they first obtain permission from their Supervisor in cl1arge and report to such Supervisor at the resumption of their regular duties. Permission shall not be WU"easonably denied.

6.03 The Company will compensate the acting members of the Grievance Committee, at their hourly rate, for their time spent during regular working hours in the performance of their duties in the handling of grievances.

6.04 The Company agrees to pay members of the Negotiating Committee, at their hourly rate, for their regularly scheduled day, for time spent at meetings with the Company for the negotiation of the Collective Agreement and attendance at conciliation hearings. In no case will the amount of pay be more than the equivalent of eight (8) hours pay at the employees' base rate.

6.05 The Union agrees to notify the Company of the names of Local Union Officers, Stewards, Grievance Committee members and Negotiating Committee members.

Article 7 - Hours of Work and Overtime

7.01 The Company does not guarantee to provide work for regularly assigned hours or for any other hours.

7 .02 The normal work week will be Monday to Friday inclusive, forty hours per week, eight hours per day, plus a one-half hour lunch period, five days per week. The normal starting time for single shift operations has been established as 7:00 a.m.

7 .03 If 2-shift operations are in effect, the regular working day for each shift will be eight hours. The regular week will be five working days, Monday through Friday, and the same will hold true for continuous operations.

Regular, 2-shift, and all continuous operations, will not be shut down during lunch and rest periods.

All time worked in excess of eight hours in any normal working day, will be paid at the rate of time and one-half of the Employee's hourly rate. All time worked on

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a Saturday shall be paid at time and one-half provided the Employee has completed forty hours in the normal working week.

7.05 All time worked on a SWlday shall be paid for at the rate of h'Vo times the Employee's hourly rate.

7.06 Before the Company makes any general change in group departments or in plant work starting or quitting times, it will confer with representatives of the Union.

7.07 Work performed on a Statutory Holiday will be paid for at the rate of two times the Employee's regular hourly rate in addition to the eight hours Holiday Pay at regular time.

7.08 Overtime, which is defined as hours worked in excess of the normal working week, or on Statutory Holidays, sl1all be on a voluntary basis and Employees requested to work overtime shall be so requested as far in advance as possible.

Weekend overtime shall be on a voluntary basis, and offered to employees based on their seniority on a rotational basis in the fallowing order:

Weekend overtime shall be on a voluntary basis, and offered to employees based on their seniority in the following order:

1. Employees on the second (day) shift. If there are not enough volunteers from the second (day) shift to fill the required hours;

2. Employees from the third (afternoon) shift. If there are 11ot enough volunteers from the second (day) shift or third (afternoon) shift to fill the required hours,

3. Employees from the first (midnight) shift.

An Employee transferred at the request of the company shall maintain their overtime opportunities in their previous department, subject to the above procedure. Employees transferred in to another department will be offered overtime after aU existing employees in the department have been offered overtime first.

7. 09 If an Employee is sent home during the day, at the request of the Company, so that he/she can come back and work the full or part of the shift, the time during that day that he/she would otherwise have worked will be counted as time worked for the purpose of calculating overtime.

7.10 When departments work double shifts which are not continuous operations, the lunch period will be 20 minutes. Starting times will be 7:00 a.m. for the first shift and 3 :00 p.m. for the second shift.

7 .11 Any Employee who works rotating shifts will work the following hours: 7 :00 a.m. to 3:00 p.m., 3:00 p.m. to 11 :00 p.m., and 11 :00 p.m. to 7:00 a.m., and will be

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allowed a twenty minute lunch break. This only applies to those who regularly rotate shifts for maintenance and production tool service.

7.12 Time spent by Union members, outside their normal shift, to attend TS-16949 and Continuous Improvement Meetings will be paid at their basic hourly rate. Attendance at such meetings outside regular working hours shall be on a voluntary basis.

Article 8 - Call-In Reporting Pay

8.01 Employees reporting for work on their regular work day when they have not been notified ten (10) hours prior to tl1e beginning of their shift and for whom work is not available, shall be guaranteed a minimum of four (4) hours work or four (4) hours pay in lieu thereof except in the case of electrical failure or similar cause beyond the control of the Company.

In cases of electrical failure or similar cause beyond the control of the Company, employees will be paid only for the time that they are required to remain on the premises while it is determined when regular work may resume.

8.02 Employees who are called in, outside of their regular shift hours, will receive a minimum of four (4) hours work or four (4) hours pay, at the applicable overtime rate, in lieu thereof.

Article 9 - Holidays

9.01 Employees who have completed 30 calendar days of service with the Company shall receive eight (8) hours pay at their basic hourly rate, excluding shift bonus, for tlie following twelve (12) specified holidays:

New Year's Day Victoria Day Civic Holiday Thanksgiving Day Good Friday Canada Day

Labour Day Christmas Eve Christmas Day Boxing Day Christmas Holiday Family Day

Employees with less than thirty (30) calendar days of service with the Company shall receive public holiday pay calculated in accordance with the provisions of the Employment Standards Act.

For the application of the sections of this Article, a specified holiday, as listed above, shall be observed on the day on which it occurs. If such a holiday occurs on a Saturday or a Sunday, it shall be observed on either the preceding Friday or the following Monday, to be determined by the Company.

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9. 02 Payment for one of the above mentioned holidays will not be made if an Employee did not work his/her regular scheduled shift on the working days immediately preceding and succeeding the holiday, unless the absence was caused by verified illness, death in the immediate family,jury duty, a temporary lay-off not exceeding one week duration, or if he/she has obtained prior written pennission from Management to be absent.

9.03 If the specified holiday falls during an Employee's annual vacation, equivalent time off will be granted. Annual vacations shall be considered as worked time for the purpose of qualifying for a specified holiday pay.

9.04 If a paid holiday, as defined in Section 9.01, occurs during the period when an employee is receiving Workplace Safety & Insurance Board (WSIB) or Weekly Indemnity, that Employee will not be eligible for holiday pay for tl1e day from the Company.

Article 10 - Vacation

10.01 For the purpose of calculating vacation entitlements the "vacation year11 shall be defined as beginning January 1 and ending the following December 31. All employees who are employed by the Company on January 1 shall be entitled to vacation pay subject to the following conditions:

10.01 a)

10.01 b)

The Company reserves the right to shutdown the plant for vacations at any time du1ing the months of July and August and will notify the Union by May 151h.

The Company reserves the right to shutdown the plant for vacations over the Christmas and New Year period and will notify the Union by October 31st.

All Employees entitled to vacation will take their vacation during the shutdown period.

Should normal duties be required in individual departments during the normal shutdown period, Employees selected to perform these duties shall be selected on the basis of seniority subject to the senior Employee being able to perform the duties required.

If no employees in a department, where normal duties are required, accept the offer to work during the shutdown period, the Employees required to perform these duties shall be selected on the basis of inverse seniority subject to the junior Employees being able to perform the duties required.

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10.01 c)

10.01 d)

Employees required to work during shutdown may take their vacation at a later date as arranged between the Company and the individual Employee.

Vacation pay will be based on a forty hour work week and shall be calculated at the Employee's base rate in effect at the time the vacation is taken.

For vacation years beginning with 2005 and thereafter, vacation eligibility for Employees with an anniversary hire date from October 1 to December 31 vacation eligibility will be based on length of service as at January 1st of the vacation year being calculated, computed per 10.02 (c) to 10.02(g).

For Employer with an anniversary hire date from January 1 to September 30 vacation eligibility will be based on length of service as at January 1 of the vacation year being calculated, computed per 10.02(c) to 10.02(g) plus additional vacation days to be allocated as follows in the year of transfer from one vacation category to the next.

Anniversary Hire Date January February March April May June July August September

Additional Vacation Days 4.5 4.0 3.5 3.0 2.5 2.0 1.5 1.0 .5

10.02 Employees will be entitled to vacation on the following basis:

10.02 a)

10.02 b)

Employed less than one (1) year as at December 31, 4% of earnings to December 31.

Each Employee with more than one (1) year of seniority with the Company who has less than the required minimum nwnber of hours worked shall receive vacation pay as follows:

One (1) year but less than five (5) years of seniority - 4% of earnings Five (5) years but less than ten (I 0) years of seniority - 6% of earnings Ten ( l 0) years but less than sixteen ( 16) years of seniority-8% of earnings Sixteen (16) years but less than twenty-seven (27) years of seniority - 10% of earnings Employees with 27 years or more seniority - 12% of earnings

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10.02 c)

10.02 d)

10.02e)

10.02 f)

10.02 g)

The required minimum number of hours worked during the preceding vacation year will be 1248 hours. For the purpose of calculating the minimum hours worked, overtime hours, paid holidays and vacation taken shall be counted as straight time hours.

The twelve (12) month period preceding December 31 shall be used for calculating the number of hours worked.

Employed one (1) year but less than five (5) years, two (2) weeks paid vacation, subject to (b) above.

Employed five (5) years but less than ten (10) years, three (3) weeks paid vacation, subject to (b) above.

Employed ten (10) years but less than sixteen (16) years, four (4) weeks paid vacation, subject to (b) above.

Employed sixteen (t 6) years but less than twenty-seven (27) years, five (5) weeks paid vacation, subject to (b) above.

Employed twenty-seven (27) years, six (6) weeks paid vacation, subject to (b) above.

I 0.03 Vacation time other than scheduled annual shutdown will be taken at a time mutually agreed between the Company and the Employee involved. Vacation will not be cumulative except as outlined in 10.05. All vacation must be taken no later than December 31 except as outlined in 10.05 or except as otherwise mutually agreed by the Company, the Union and the Employee involved.

10.04 Vacation pay will be paid only at the time vacations are taken and only for the period being taken. Vacation pay, in lieu of time taken off, will not be allowed unless mutually agreed upon by the Company and the Union.

10.05 If an employee with less than the required number of hours worked per 10.02 (b), has unused vacation as of January 31st because of time missed due to WSIB, Short or Long Term Disability, the employee may carry the vacation to the following year or take the vacation pay in lieu of time off.

Article 11 - Wages

11.01 Wage rates presently in effect are shown in Schedule A, and shall remain in effect for the duration of the Agreement. Schedule A will form part of this Agreement.

11. 02 The job classifications as shown in Schedule A will form part of this Agreement.

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11.03 In the event that 1nutual agreement on new job classifications cannot be reached, the Company has the right to implement such rates and range of rates for the new· job classification as it deems appropriate.

The Union or the Employee who receives such rate or range of rates for such new job classification, may lodge a grievance if they disagree with the rate set. Should such grievance be taken to arbitration, the Arbitration Board shall not interfere with the rate or range of rates implemented by the Company unless it is of the view that such rates or range of rates are clearly out of line as compared with the rate structure agreed to herein or in the event of there being no comparable existing classifications as compared with the industry-wide or community-wide rates.

11.04 Employees hired for specific job classifications or Employees transferring to a different job classification will be entitled to a performance and ability review every 90 days during the first 18 months in the classification and every 180 days thereafter.

The review interview with the Employee will be conducted by the Department Superintendent in the presence of a representative of the Union.

Article 12 - Production Work

12.01 a)

12.01 b)

The Company agrees that it will not permit any person outside the bargaining unit to perform the work or operations normally performed by an Employee within the bargaining unit, except as outlined in 12.0l(b) or where mutually agreed by both parties.

The Company's salaried staff may perform duties normally performed by an employee within the bargaining unit, provided this does not reduce the regular working hours or reduce the number of employees in the bargaining unit. Any such duties not listed below will be by mutual agreement between the Company and the Union.

QUALITY CONTROL ACTIVITIES Inspection and test procedures Gage Preparation Control of sample lots Expediting Work in Process

PRODUCTION DEPARTMENTS Set-ups and running parts for initial pre-production work orders for new parts. Set-ups and running parts for initial pre-production work orders for existing parts that are being transferred to a different machine or new machine.

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Development of, or experimentation with alternative tooling for new or existing parts. Set-ups and running parts for experimentation with optional raw materials. Development of Procedures and Instructions

The quantity of parts to be run for initial pre-production work orders and experimentation with optional raw materials will be limited to as small a quantity as possible that ensures production capability.

12.02 The Company agrees to notify the Union at least 30 days in advance of any major change or alteration in methods of production as a result of a change in technology which could significantly affect the wages or working conditions of Employees in the bargaining unit.

The Company agrees to make every effort to re-train Employees who may be affected by such changes.

In the event Employees cannot be re-trained or transferred to other jobs then they shall be entitled to a minimum of 90 days notice or pay in lieu of notice prior to being laid off.

Article 13 - Seniority

13.01 An Employee covered by this Agreement shall acquire seniority after he/she has been employed with the Company for a probationary period comprising a total of seven hundred and twenty (720) hours within any calendar period of twelve (12) months. Upon completion of such period, an Employee's seniority date shall be calculated as commencing as of the day which is ninety (90) working days prior to the day seniority is acquired as outlined above. In no case shall the seniority date calculated be prior to the actual date of hire.

13.02 During the Probationary Period an Employee shall not have seniority status and his/her retention is solely with the discretion of the Company. The Company's decision shall not be subject to review under the grievance procedure.

Seasonal employees, i.e., school age Employees hired for the holiday period only, are not subject to the above regulations, nor are their pay rates to be based on the pay schedule for regular Employees. A seasonal Employee shall not replace a regular Employee who has been laid off due to lack of work.

13.04 When it becomes necessary to reduce the work force, all seasonal and temporary Employees will be laid off first.

Thereafter, Employees will be laid off in the inverse order of plant seniority within the Classification Group and Labour Grade affected, commencing with those on

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probation, subject to the remaining Employees being able to perform the jobs available.

An Employee displaced by a plant lay-off can elect to displace another Employee with less seniority in an equal or lower Labour grade provided they can perform the job available.

LABOUR GRADES Grade 5 - H09, S09, MTlO, MClO Grade 4 - HOS, SOS, MT9, MC9, MH7, TC9 Grade 3 - H07, S07, MTS, MC8, MH6 Grade 2-IPS Grade 1 - All other job classifications

An employee displaced by a plant layoff can elect to displace another Employee with less seniority in a higher labour grade provided they have previously achieved the equal or a higher classification within the classification group of the employee they are displacing and they can perform the job available.

An employee who displaces another employee by the exercising of bumping rights outlined above and the new classification has a lower rate of pay; the lower rate will take effect immediately.

13.05 When recalling Employees after a lay-off which has been made on the basis of seniority, the reverse order of lay-off will be followed within the Classification Group and labour grade affected subject to the senior Employee being qualified and able to do the job available.

13.06 An employee about to be laid off will be given notice of the lay-off in accordance with the Employment Standards Act.

13.07 When employees return to work who have been absent due to accident or sickness, the Company and the Union agree the employees will be returned to work in accordance with the provisions of the Ontario Human Rights Act.

13.08 For the purpose of the Agreement, a seniority list will be posted. Such list will be revised not less than twice a year. Six copies of the seniority list will be supplied to the Union.

13.09 Seniority and ability shall be the determining factors in the lay-off. re-hiring and promotion of all Employees in the bargaining unit. The determination of ability shall be the responsibility of the Company, but subject to the grievance procedure.

13 .10 An Employee shall lose seniority standing under the following conditions:

(a) If the Employee quits;

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(b) If discharged for just cause and such discharge is not reversed through the grievance procedure provided herein;

(c) If the Employee fails, after a lay-off, to return to work within five (5) working days after the Compai1y has given such Employee notice of recall, by registered mail, to his/her last known address;

(d) If the Employee fails to notify the Company of his/her intention to return to work within two (2) days following receipt of notification under Sub-Article (c) of this Article;

( e) If an Employee with one year or less of service is laid off for a period of six (6) consecutive months or if an Employee with more than one year of service is laid off for a period of twelve (12) months;

(f) If an Employee overstays a leave-of-absence without written permission of the Company;

(g) If an Employee is absent for three (3) consecutive working days or more without adequate reason.

The provision of Sub-Article (c), (d) and (f) above are subject to delays beyond the control of the Employee.

13 .11 If non-bargaining unit persolUlel who have previously worked in the bargaining unit are transferred from a non-bargaining unit position to a bargaining unit job they shall be entitled to their credited seniority with the Company only for the time worked in the bargaining unit.

13.12 An Employee transferred to or hired for a job classification will be given a maximum of thirty (30) calendar days to meet required standards for such classification. The Employee's pay shall be based on their ability, as determined by their Supervisor and be established within one pay rate set for such classification.

13 .13 The Company will post all permanent vacancies in the bargaining unit. The posting will include the job classification, pay rate and required qualifications, etc. Such posting shall remain posted for five (5) working days. Recalls from layoff shall not be subject to the posting procedure.

The Company will award the job subject to Clause 13:09 and advise the Union immediately the reason for the choice and the Employee awarded the job.

If the vacancy is awarded to a bargaining unit employee, the Company will post two (2) subsequent full-time vacancies resulting from the assigrunent of a

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bargaining unit employee to the initial posted position or subsequent vacancy in accordance with Article 13.13. All other subsequent vacancies will be filled at the discretion of the Company. (i.e. Initial posting plus two subsequent postings, then Company discretion.)

If a bargaining unit employee is awarded a job posting and the new classification has a lower rate of pay, the lower rate will take effect immediately.

13.14 Probationary Employees shall be placed in the labour classification GLl, except where they are hired for another job classification that has been posted in accordance with Clause 13.13 of this Article.

13 .15 Any Employee transferred to a job with a lower rate of pay shall be assigned a classification that is comparable to the classification which he/she attained with his/her former job, provided subject to Article 13:09, he/she has the qualifications for such classification.

If the transfer is at the Company's request and the new classification assigned has a lower rate of pay, the Employee's current rate will remain in effect for one hundred and eighty (180) calendar days after which the lower rate will apply.

13.16 Union Executive Officers, being the President, Vice-President, Secretary and Treasurer, duly elected by the Union members, will be given preferential service during a lay-off for the purpose of carrying out their Union duties, provided any such officer or steward can perform the jobs available during such lay-off. The total number of officers and stewards granted such service will not exceed four (4).

Article 14 - Working Conditions

14.01 The Company agrees to meet its lawful obligation in making provision for the Health and Safety of its Employees during the hours of their employment.

14.02 The Union agrees to assist the Company in maintaining proper observance of all Health and Safety rules, regulations and legislation by appointing the appropriate number of employees, as required by legislation. to the Joint Health and Safety Committee for a minimum term of six (6) months.

14.03 Should a medical doctor or registered nurse recommend that an Employee goes home or stays off work for the remainder of the day on which an injury occurred, the Employee shall be paid at his hourly rate for the hours so lost on that day during his regular shift.

14.04 The Company will monitor noise levels in the plant and provide suitable hearing protection for Employees in areas where the noise levels meet or exceed Ministry of Labour minimum values.

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The Company will provide yearly audiometric testing and consultant service for Employees required to wear hearing protection.

14.05 The Company agrees to provide a micrometer and vernier to all employees who require them for their normal daily job functions. Employees who own their own micrometers and verniers will be provided with replacements once the tools become uncertifiable by the Quality Assurance Department. The Company reserves the right to provide either new or reconditioned tools of an acceptable quality . .

Article 15-Notices

15.01 The Company will provide a bulletin board for the posting of notices in respect of Union business.

Article 16 - Information to the Union

16.01 Copies of all general notices, which are posted on the plant bulletin board, which deal with hours, wages or working conditions, will be handed to the President or Vice-President of the Local Union during regular working hours prior to posting. If the president or Vice-President is unavailable the notice may be given to any other member of the executive. If no member of the executive is available the notice may be posted and a copy given to an executive member as soon as possible.

16.02 The Company will provide the Union with written notice, within five (5) working days of any Employee hired, re-hired, resigned or recalled. Such notices shall be sent to the President of the Local Union. The Company will provide the Union with notice of a layoff the same day as the employee( s) affected.

16.03 The Company agrees to give in writing, to the Union and the employee, notice of transfer of an employee. Notice shall contain the classification and rate of pay for both the department the employee was transferred from, and the department the employee was transferred to.

Article 17 - Leave of Absence

17.01 Upon application in writing to management, an employee may be granted a leave of absence, subject to operational requirements.

Parental leave will be granted based on the provisions of the Employment Standards Act.

17.02 Employees on leave of absence shall accumulate a maximum of six (6) months seniority rights and shall thereafter be employed when work is available according to seniority lists. Leave of absence shall not exceed one year on any one occasion.

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17.03 The Company will advise the Union, in writing, of any Employee granted a leave­of-absence in excess of thirty (30) calendar days.

17.04 Upon application to Management, a leave of absence without pay shall be granted to the duly elected Local Union Executive Officers or Department Stewards required to be absent to attend to Union business. The Union will provide at least ten ( 10) working days notice before the leave of absence period.

A maximum of two (2) Union Executive Officers/Department Stewards or union members at any one time shall be granted such leave of absence as long as the two (2) are not from the same department.

The leave of absence for Union business will be up to a maximum of six ( 6) working days per employee within a twelve (12) month period. Leaves of absence for Union business longer than six (6) working days within a twelve (12) month period may be granted, with Management's approval, subject to operational requirements. Such approval shall not be unreasonably denied.

Article 18 - Discipline

18.01 In the event that an Employee feels that he/she has been unjustly disciplined by discharge, suspension or written warning, he/she and/or the Union may ask for and receive from the Company the reason for the disciplinary action taken.

18.02 A claim by the Employee that he/she has been unjustly disciplined by suspension or written warning, shall be treated as a grievance, if a written statement of such grievance is lodged with the Company within five (5) working days after the discipline took place.

18.03 A claim by the Employee or the Union that he/she has been unjustly disciplined by discharge shall be treated as a grievance, if a written statement of such grievance is lodged with the Company within five (5) working days after the discharge took place.

18.04 All preliminary steps of the Grievance Procedure prior to the second stage will be omitted in cases of discipline.

18.05 A discharged or suspended Employee will be permitted to interview his/her Steward in the Supervisor's office for a reasonable period of time before leaving the plant.

18.06 In any case, where a period of twenty-four (24) calendar months has elapsed since an Employee last received a written warning or suspension, all previous records of discipline shall be removed from the Employee's record.

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Article 19 ·Grievance Procedure

19.01 It is the mutual desire of the parties hereto that complaints arising out of the interpretation, application, administration or alleged violation of the provisions of this agreement shall be adjusted as quickly as possible. Both parties, therefore, recognize that the Supervisor should be informed as quickly as possible of such a complaint, and that in ordinary circumstances, an Employee shall not resort to the following grievance procedure until he/she has given his/her inunediate Supervisor an opportunity to adjust his/her complaint. The Employee may request the assistance of a Steward when taking up such a complaint with his/her Supervisor.

19.02 First Stage:

If an employee has any grievance arising out of the interpretation, application, administration or alleged violation of the provisions of this agreement, he/she may take the matter to the Union steward.

The Union representative may present the matter in writing to the Supervisor of the department within five (5) working days from the date of the facts upon which the grievance is based became known to such Employee. Failure of the grievance to be filed within the said five (5) days shall entitled the Company to resist the grievance before any arbitration board which may subsequently be established to hear the grievance on the grounds that the grievance is not arbitral by reason of the grievor's failure to file within the specified time limit.

The grievance must be signed by the employee. The Supervisor will sign the grievance acknowledging receipt of the grievance and indicate the time and date received.

The Supervisor shall give an answer in writing, within one (1) working day if possible but in no case exceeding two (2) working days.

19.03 Second Stage:

If a settlement is not reached or if no answer is received from the Supervisor within two (2) working days, the grievance may be referred to the Union grievance committee. The grievance committee may, within five (5) working days take the matter up with the plant manager or his/her representative.

19.04 A meeting between the plant manager or his/her representative and the grievance committee and/or their representative will be held within one (1) week of the receipt of the grievance by the plant manager or his/her representative. This meeting will be at a time mutually agreed upon by the Company and the Union.

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The plant manager or his/her representative will give an answer to the grievance within two (2) working days after the day on which the meeting is completed.

19.05 At any of the meetings in the Second Stage of this Article, the Union also shall have the right to have present an agent or official of the Union.

The Union may also have any Employee, possessing factual knowledge touching the matter in question; appear at such meeting to testify as to his knowledge.

The Company shall also have the right to have present thereat any officer, official, agent or other Employee of the Company selected by it.

19.06 When, in the opinion of either the Union or the Company, a satisfactory disposition of a Grievance would be facilitated thereby, the time limits provided in the above steps of the Grievance Procedure may be extended by mutual consent.

Article 20 - Union Grievance

20.0 l The Union may file a grievance alleging violation, misinterpretation or non­application of any provision of this agreement up to five (5) working days of the Union becoming aware of the alleged violation.

These grievances will be considered as 2nd stage grievances and those time limits will be applicable.

The grievance must be signed by a representative of the Union. The general manager or his designate will sign the grievance acknowledging receipt of the grievance and indicate the time and date received.

All stages of the processing of such a grievance shall require the presence of an association representative.

Article 21 - Arbitration

21. O 1 If a grievance has not been senled after the above procedure has been exhausted, either party may within ten (10) working days of the date of the Second Stage grievance answer, or from the expiration of the time limit without answer, request, in writing, that the grievance be submitted to arbitration.

Referral to sole arbitrator: The parties shall attempt to agree on a single arbitrator within 10 calendar days of either party referring a grievance to arbitration. If the parties cannot agree upon an arbitrator within ten calendar days from the date of notice to arbitrate, the Ministry of Labour shall be requested to appoint an arbitrator pursuant to the Ontario Labour Relations Act.

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Each of the parties to the agreement will equally bear the expense of the sole arbitrator appointed by them.

Referral to a tripartite board of arbitration Should the parties mutually agree to appoint a tripartite Board of Arbitration an Arbitration Board, consisting of one representative selected by the Company, and one representative selected by the Union, will be appointed within seven (7) working days after the written request for arbitration has been received.

21.02 The two arbitrators so selected shall designate a Chainnan of the Arbitration Board. If they are unable to agree upon the selection of a Chairman, within seven (7) working days, or such further period as may be mutual agreed upon, they shall then request the Ministry of Labour, for the Province of Ontario, to appoint a Chairman.

21.03 Each of the parties hereto will bear the expenses of the Arbitrator appointed by it, and the parties will jointly bear the expense of the Chairman of the Board, if any.

21.04 The decision of the Arbitration Board is to be made, if possible, within seven (7) working days from the time the matter was referred to the Board and shall be final and binding on both parties.

2 l .05 Such Arbitration Board shall have no jurisdiction to alter, change, amend or enlarge the tenns of this Agreement.

21.06 The decision of a majority of the Board shall be the decision of the Board and, if there is no majority, the decision of the Chairman shall govern.

Discharge, or other discipline grievances, may be settled by any arrangement which, in the opinion of the parties, or an Arbitration Board, is just and equitable.

Article 22 - Strikes and Lockouts

22.01 During the tenn of this Agreement, the Company agrees that there shall be no lockout, and the Union agrees that there shall be no strikes or stoppage of work.

It is also agreed that no Employee, officer, or official of the Union shall order, advise, aid or abet, sanction or condone any such strike or stoppage of work and no Employee shall participate in any such strike or stoppage of work.

Article 23 - Jury Duty

23.01 An Employee who is called for Jury Duty will receive for each day of absence the difference between pay lost, computed at the Employee's base rate and the amount of Jury Fee received, provided that the Employee furnishes the Company with a certificate of service signed by the Clerk of the Court, showing the amount of Jury Fee received.

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Article 24 - Bereavement

24.01 In the event of death of an immediate relative, an Employee with seniority, will be given leave-of-absence, with pay, for three (3) regular working days.

Immediate Relatives Are: Husband, Wife, Child, Father, Mother, Brother, Sister, Maternal and Paternal Grandparents, Grandchildren, Step Parents, Step Children, Father-In-Law, Mother-In-Law, Brother-In-Law, Sister-In-Law, Spouses Grandparents.

If necessary, an Employee shall be granted an additional day absent, with pay, if interment is delayed until spring.

24.02 In the event of the death of Aunt, Uncle, Niece, Nephew, an Employee with seniority, will be given a leave of absence with pay for one (1) day to attend a service except if the day of the service falls on Saturday or Sunday.

24.03 Pallbearers will be allowed time off, as required, with pay. Time off is to be negotiated with the Company and the individual in each case.

Article 25 - Rest Periods

25.01 The Company shall schedule two rest periods of ten (10) minutes each for all Employees during their normal daily work shift. The operation of automatic machines and processes will be continued during any break in the shift.

There shall be 0 11e five minute wash-up period, preceding the mid-shift break.

Article 26 - Premium Rates

26.01 Shift premiums will be paid for as follows:

For hours worked by an Employee on his/her regularly scheduled second shift (3 :OOpm - 11 :OOpm) - $0.60 per hour;

For hours worked by an Employee on his/her regularly scheduled third shift (11 :OOpm - 7:00am) - $1. l 0 per hour.

In no case will shift premiums be paid at an overtime rate.

Article 27 - Health and Welfare

27.01 The Employer agrees to pay on behalf of the members of Thomson Rivet Employees' Association, LIUNA Local 3003, into the Power Sector Benefit Trust

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(PSBT) the amount prescribed by the PSBT and pay any increases during the life of the collective agreement.

27.02 The Company agrees to pay, on behalf of each Employee, the Employer Health Tax.

27 .03 In the event that the Government of Canada, or the Government of the Province of Ontario, should enact legislation which affects the benefits of the Employee's Group Health and Welfare Plans, the parties, hereto, shall meet to discuss the effect of such legislation and to negotiate changes in the benefits that either party may deem desirable as the result of such legislation. Such meeting shall take place not later than thirty (30) calendar days subsequent to the enacting of the Legislation.

27 .04 The Company will provide non-prescription safety glasses and hearing protection for employees who are required to wear such protection.

Employees who are required to wear corrective lenses will have two options for obtaining protective eyewear where required.

1. The Company will provide non prescription safety glasses to wear over the Employees corrective lenses.

2. The Company will reimburse l 00% of the cost of prescription safety glasses to a maximum of $200.00 every two years. Both the lenses and frames must be certified for industrial use and approved by the Health and Safety chairman. The Company agrees to pay the replacement cost for prescription safety lenses and/or frames, broken or damaged during working hours.

The employee will submit a valid receipt after the purchase bas been made.

27.05 Effective April 1, 2020 the Company agrees to pay $130.00 towards the purchase of Safety Footwear in any twelve (12) month calendar period.

Footwear may be purchased from any source at the Employee's option as long as the Footwear has a C.S.A. approval stamp.

27.06 The Company will provide Short Tenn Disability coverage in the amount of 55% of weekly earnings to a maximum weekly benefit of $500.00 for each employee who has seniority under the collective agreement. The benefit will be effective on the eighth day in case of illness and on the first day in the case of accident or hospitalization. The maximwn benefit period is 17 work weeks.

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"Disabled" and "Disability" means that due to injury, disease, illness, pregnancy or mental disorder you are not able to perform the essential duties of your regular occupation.

Be11efits are paid only if you are under the continuing care of a legally licensed physician or surgeon. Proper documentation from the physician or surgeon, regarding employee's ability to perform their regular occupation, must be provided to the Company to qualify for benefits. All such information shall be held in the strictest confidence by the Company and only used for purposes of determining eligibility under the Short Term Disability plan.

Benefits begin after the waiting period and continue until employee is no longer disabled or until the end of the benefit period, whichever comes first.

Separate periods of disability arising from the same disease or injury are considered to be one period of disability unless they are separated by at least 2 weeks of continuous full-time work.

Since the coverage is fully funded by the Company, the benefits will be taxable when paid to the employee.

Earnings received from any other sources the employee is entitled to receive while disabled are not used to reduce the STD benefit unless the other earnings combined with the STD earnings under this plan would exceed the normal weekly earnings from the employee' s regular occupation before being disabled. If total earnings exceed the nonnal weekly earnings, the STD benefit will be reduced by the excess amount.

Linritations No benefits are paid for:

• The scheduled duration of a lay-off or leave of absence. • Any period of employment, except in an approved rehabilitation plan. • Any period of confinement in a prison or similar institution. • Disability arising from war, insurrection or voluntary participation in a riot.

The adjudication of claims under the Short Term Disability plan will be done by the Company. In the event of disputes arising out of this adjudication, the complaint will be handled under the arbitration clause of the current collective agreement - Article 21.

27.07 As of April 1, 2014, the Company will cover cost of uniforms up to a maximum of $4.75 per employee, per week for any employees who wish to participate. This amount is based on 50% of the cost of 5 shirts and 5 pants from the uniform vendor rates in effect on April 1, 2014. Any increase or decrease in the vendor's rates will be shared 50% for the Company and 50% for each employee participating in the uniform program. Participation in the program is on a voluntary basis.

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Article 28 - Retirement

28.01 The Company will provide a Pension Plan for all eligible hourly paid Employees. The details of the Plan are contained in a separate Pension Plan Document. The premiums for this Pension Plan will be fully paid by the Company.

28.02 The annual pension earned under the Plan by a member to commence on his/her normal retirement date shall be equal to:

Employment Period

April 1, 1978 to March 31, 1996 April 1, 1996 to March 31, 1997 April I, 1997 to June 30, 200 l

* Per Month Per Year of Service

Pension Benefit *

$16 $18 $19

28.03 The Company will contribute to the Registered Pension Plan on behalf of each Employee in the bargaining unit. As of April 1, 2014 the amount contributed will be 4.0% of the Employee's earnings.

Article 29 - Duration and Termination

29.01 The Agreement shall be effective as of April 1, 2020 and shall remain in effect until March 31, 2021.

29.02 Notice that amendments are desired or that either party desires to renew the Agreement must be given, in writing, to the other party at least thirty (30) but no more than ninety (90) calendar days prior to the expiration date of this Agreement.

29.03 If notice of amendment or notice of desire to renew is given by either party, the other agrees to meet for the purpose of negotiation within fifteen ( 15) days after the giving of such notice, or as otherwise agreed by the parties.

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

Article 30 - Training Compensation

30.01 Training compensation will be paid to an Employee selected by the Company to instruct new Employees and Employees transferred from other departments. The training will be paid at the rate of $0.40 per 11our for a maximum of 65 days per trainee.

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Article 31 - New Employees

31.01 When a new worker is hired and has completed his/her probationary period, the Chief Steward or a Union representative designated by the Chief Steward, shall have the right to interview the new Employee. During regular working hours, without loss of pay, for thirty (30) minutes to acquaint the new Employee with the benefits and duties of union membership and his/her rights under the Collective Agreement. The Company agrees to notify the Chief Steward or his/her designate when a new worker has completed his/her probationary period so that the interview may take place as specified above.

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SCHEDULE "A" -CLASSIFICATION GROUPS AND WAGE RATES EFFECTIVE APRIL 1st

GENERAL LABOUR

GLl GL2 GL3 GL4 GLS

MHl MI-12 MH3 MH4 MH5 MH6 MH7

IPl IP2 IP3 IP4 IPS

AOI A02 A03

2020 16.50 19.20 19.91 20.35 20.79

2020 16.50 19.47 20.75 21 .16 21 .61 22.01 22.69

2020 16.50 19.43 20.33 21.16 21.39

2020 16.50 17.00 17.57

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SCHEDULE "A" - CLASSIFICATION GROUPS AND WAGE RATES EFFECTIVE APRIL 1st

MACHINIST 2020

MCI 16.50 MC2 17.82 MC3 18.49 MC4 20.51 MC5 20.94 MC6 21.88 MC7 22.32 MC8 23.80 MC9 24.56

•MCIO 25.71

•Minimum Qualifications for MCIO:

1. Production - Machine Shop Produce all forms of production equipment tooling and components -inserts, cases, transfer fingers, etc., including the heat treat process. Produce all forms of RAM tooling - anvils, stems, pockets, including the heat treat process.

2. Service - Machine Shop Repair and/or replace all forms of production equipment tooling and components.

TOOL CRIB 2020

TCl 16.50 TC2 17.83 TC3 18.49 TC4 20.51 TC5 20.94 TC6 21.88 TC7 22.33 TC8 23.80 TC9 24.55

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SCHEDULE "A" - CLASSIFICATION GROUPS AND WAGE RA TES EFFECTIVE APRIL 1 St

MAINTENANCE 2020

MTl 16.50 MT2 17.82 MT3 18.48 MT4 20.49 MTS 20.93 MT6 21.88 MT7 22.31 MT8 23.78 MT9 24.55

*MT10 25.71 **MTll 26.69

*Minimum qualifications for MTl 0: Ontario Certificate of Qualification. **Minimum qualifications for MTl 1: Ontario Certificate of Qualification - Electrician.

SCHEDULE "A" - CLASSIFICATION GROUPS AND WAGE RA TES EFFECTIVE APRIL 151

SECONDARY 2020

SOl 16.50 S02 18.74 S03 19.20 S04 19.61 sos 19.94 S06 20.94 S07 24.29 S08 25.15 •so9 25.71

*Minimum qualifications for S09 - Qualified to run the 65 group of machines Combinations - 4 from 62, 64, 65, 67

3 from 62, 64, 67 plus 1 from 70 or 80 2 from 65 plus 1 from 70 or 80 1from62, 64, 67, plus 2 from 65 plus 1 from 70 or 80

Extra Machine Rate - $5.50 - 5 machine bonus rate $3.50 - 4 machine bonus rate

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SCHEDULE "A" -CLASSIFICATION GROUPS AND WAGE RATES EFFECTIVE APRIL 1st

HEADING 2020 HOl 16.50 H02 18.11 H03 18.42 H04 19.31 HOS 20.21 H06 22.18 H07 24.29 HOS 25.15 *H09 25.71

*Minimum Qualifications for H09- Qualified to run one of 41, 42, 44, 55, 56 group of

Combinations -

Extra Machine Rate -Extra Tool Pack Rate -

machines. 4 from 72, 73 3 from 72, 73, plus 1from41, 42, 44, Tool Pack 3 from 41, 42, 44, 55, 72, 73, Tool Pack 56 plus 1 from 41, 42, 44, 55, 72, 73, plus Tool Pack $6.00 per extra machine $2.00 per extra tool pack

When a new piece of production equipment is purchased in the heading or secondary departments, the Company and the Union will meet and agree on how the new equipment will be fit into the machine combinations outlined above.

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Ratification

The foregoing articles 1through31, plus Schedule "A" fonn the Collective Agreement dated April 1, 2020.

Signed this day of January, 2021.

For the Employer: l •

•' 0 2 .2 -Geoff Deir

'

Troy Donovan • 7 Larry Genge

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