collective agreement between: dingwell's machinery … · level 3 - an individual who is...

COLLECTIVE AGREEMENT

BETWEEN:

DINGWELL'S MACHINERY AND SUPPLY LIMITED

THUNDER BAY, ONTARIO

(hereinafter referred to as the "Company")

- and -

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS

THUNDER BAY LODGE NO. 1120

(hereinafter referred to as the "Union")

TERM: May 1, 2015 to April 30, 2018

I N D E X PAGE Purpose ............................................................................................... 1 Article 1 - Recognition ......................................................................... 1 Article 2 - Classification of Employees ................................................ 2 Article 3 - Minimum Rates of Pay ........................................................ 6 Article 4 - Hours of Work and Overtime ............................................ 12 Article 5 - Rating ................................................................................. 14 Article 6 - Traveling Time ................................................................... 14 Article 7 - Recall to Work .................................................................... 14 Article 8 - Vacations with Pay ............................................................. 15 Article 9 - Paid Statutory Holidays ...................................................... 17 Article 10 - Payment of and Deductions from Wages ........................ 18 Article 11 - Disputes ........................................................................... 18 Article 12 - Seniority ........................................................................... 19 Article 13 - Discharge ......................................................................... 20 Article 14 - Discrimination................................................................... 21 Article 15 - Union Shop ...................................................................... 21 Article 16 - Safety Precautions ........................................................... 22 Article 17 - Health & Welfare .............................................................. 23 Article 18 - Miscellaneous Items ........................................................ 26 Article 19 - Pension ............................................................................ 26 Article 20 - Renewal and Termination ................................................ 28

Letters of Understanding: - Apprenticeship ........................................................................ 29 - St. John's Ambulance ............................................................. 31 Non-Competition ...................................................................... 32

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PURPOSE

The purpose of this Agreement is to maintain a harmonious relationship between the Company and the bargaining unit; to provide an amicable and equitable method of settling grievances or differences which might arise; to maintain mutually satisfactory working conditions, hours of work and wages, for all employees who are subject to the provisions of this Agreement and generally, to promote the mutual interest of the Company and the bargaining unit.

ARTICLE 1 - RECOGNITION

1.01 It is understood and agreed that the Company will deal with no other Labour

Organization than the Union in all matters pertaining to wages, hours, and working conditions. The Union will elect a negotiating committee and/or a grievance committee consisting of not more than three (3) members, and the Company will be notified in writing of the names of the committee. Any two (2) of the above-named committee may represent the Union to the Company.

1.02 The Union employees covered by this Collective Agreement recognize that they

have some responsibilities imposed upon them by this collective agreement and realize that in order to provide maximum opportunities for continuing employment, good working conditions and good wages, the Company must service its customers at the lowest possible costs consistent with fair labour standards to be in a strong competitive market position. The Union employees assume a joint responsibility in the attainment of the objectives and agree that it will cooperate with the Company and support its efforts to assure efficient performance of work on the part of its members and that it will actively combat any work stoppage, slowdown and absenteeism which restricts the service which the Company offers to the public. The Union employees further agree that it will support the Company in its efforts to eliminate waste in production; to conserve materials and supplies; to improve the quality of the workmanship; to prevent accidents; and to strengthen and maintain goodwill between the Company and its employees.

1.03 The Union recognizes the sole right of the Company to manage its affairs and

direct the work of its employees. This will be deemed to include the right to hire, promote, demote, suspend, discharge for cause, and transfer employees from one job to another job, and increase or decrease the working force of the Company from time to time. Nothing in this agreement shall be construed or interpreted as limiting the Company in any way in the exercise of the regular and customary functions of the Management including the extension, limitation, curtailment or cessation of its operations.

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ARTICLE 2 - CLASSIFICATIONS OF EMPLOYEES

For the purpose of this Agreement the various trades are defined as follows:

2.01 Journeyman Machinist

A Journeyman Machinist is one with a valid Ontario Machinist's Certificate or five (5) years' experience in the machining trade, ninety (90) calendar days experience in the Company, and one who can be effectively proficient.

The basic factors on which a Machinist must be proficient are as follows:

1. Lathe work. 2. Milling. 3. Vertical Boring. 4. Horizontal Boring. 5. Shaping 6. Planing. 7. Radial Drill Press work. 8. Bench, floor and field work. 9. Layout work.

The following elements are essential to the successful completion of job assignments and are to be considered when appraising the employees' performance on the basic factors of the trade.

1. Set up job. 2. Select, sharpen and obtain proper contours on cutting tools. 3. Adjust cutting tools and operate machine tools at an efficient rate. 4. Use measuring tools and devices effectively. 5. Obtain specified finish and tolerance. 6. Consistently produces and acceptable amount of work of standard

quality.

Definitions for the three Machinist rate classifications are:

Standard Rate Classification for Machinists requires full skill in all of the applicable basic factors and trade knowledge requirements.

Intermediate Rate Classification for Machinists requires full skill in all but one of the applicable basic factors and full skill in all of the trade knowledge requirements.

Starting Rate Classification (first three (3) months employed) for Machinists

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requires full skill in all but two of the applicable basic factors and full skill in all the trade knowledge requirements.

2.02 Journeyman Fitter/Welder

A Journeyman Fitter/Welder is one with a valid Ontario Welder's Certificate or five (5) years in the welding trade, ninety (90) calendar days experience in the Company and who can be effectively proficient.

The basic factors on which a Welder must be proficient are as follows:

1. Run long, continuous, uniform beads. 2. Weld all types of standard joints as shown on blueprint, drawing,

sketches. 3. Build up and grind worn parts. 4. Weld pipe and pressure vessels to MCCR specifications. 5. Weld alloy steel. 6. Apply hard surface materials to base materials. 7. Braze ferrous and non-ferrous metals. 8. Layout and burn parts and pieces by freehand using oxy/act or

plasma process. 9. Able to obtain and maintain welding certification in Flat, Horizontal

and Overhead - SMAW. 10. Able to obtain and maintain welding certification in GMAW

processes for steel, stainless and aluminum. 11. Able to obtain and maintain welding certification in GTAW

processes for steel and stainless steel. The following elements are essential to the successful completion of the job assignments, and are to be considered when appraising the employee’s performance on the basic factors of the trade.

1. Set up for job. (a) Locate ground clamp. (b) Select proper current or pressure. (c) Select polarity.

2. Select proper size and type of electrodes or welding rods. 3. Lay uniform beads of proper size. 4. Secure adequate penetration. 5. Keep weld free from slag inclusions. 6. Avoid undercutting. 7. Avoid burning of material being welded. 8. Use proper technique to control warpage. 9. Consistently produces an acceptable amount of work of standard

quality.

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Definitions for the three (3) Fitter/Welder Rate Classifications are:

Standard Rate Classification

Level 3 - for Fitter/Welder requires full skill in all of the applicable basic factors and trade knowledge requirements and/or one who is required to read blueprints, drawings and sketches, to develop cut list, layout, assembly and weld as per drawing.

Intermediate Rate Classification

Level 2 - for Fitter/Welder requires full skill in all but one of the applicable basic factors and full skill in all of the trade knowledge requirements, and/or one who is required to read blueprints, drawings and sketches, to develop cut list, layout, assemble and weld as per drawing with minimal supervision.

Starting Rate Classification

Level 1 - for Fitter/Welder requires full skill in all but two of the basic applicable factors, and full skill in all of the trade knowledge requirements and/or one who is required to read blueprints, drawings and sketches, to develop cut list layout, assemble and weld as per drawing with direct supervision.

2.03 Labourer

(a) Labourer Level 2 – An employee employed continually by the Company for six (6) months or more and whose duties would include but not be limited to sandblasting, painting, grinding, cleaning and the operation of drill presses, band saw, ironworker, forklift and overhead crane with minimum supervision.

(b) Labourer Level 1 – An employee employed continually by the Company for the first six (6) months and whose duties would include but not be limited to sandblasting, painting, grinding, cleaning and the operation of the drill presses, band saw, ironworker, forklift and overhead crane with direct supervision.

(c) An employee in the classification of Labourer Level 1 and Level 2 shall

also operate a brake, shear, burning machine and plate bending rolls for no more than 50% of his time over a thirty day period. Beyond this 50% there shall be advancement to Machine Operator Level 1.

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2.04 Lead Hand

A lead hand is a working employee designated by the Company, who is able and willing to direct and instruct others in the performance of their work. The Union will recognize Lead Hands as supervisory assistants. However, Lead Hands shall not have the right to hire, promote, demote, suspend, discharge or lay off bargaining unit employees.

2.05 Apprentice

An apprentice is an employee who is registered and qualifies under the Apprenticeship and Tradesmen's Qualification Act of Ontario. The minimum wage rate for apprentices shall be based on journeyman wage rates in this agreement.

2.06 Welders

Welder Level 3 – A welder with two (2) or more years experience in a manufacturing or welding shop who is able to obtain and maintain a minimum welding certification in Flat – GMAW.

Welder Level 2 – A welder with at least one (1) year experience in a manufacturing or welding shop who is able to obtain and maintain a minimum welding certification in Flat – GMAW.

Welder Level 1 – An individual who has no practical experience but has completed a recognized welding program or can demonstrate a solid basic knowledge of welding practices.

2.07 Machine Operator

Level 3 - An individual who is capable of operating a number of machines (CNC and conventional in the machining or fabrication department) on repetitious jobs, capable to set up jobs and tooling for the job, capable of making any necessary program changes and has more than 1 year in the position of Machine Operator Level 2 or comparable experience.

Level 2 – An individual who is capable of operating a number of machines (CNC and conventional in the machining or fabrication department ) on repetitious jobs and is also capable of minor program changes and has more than 1 year in the position of Machine Operator Level 1 or comparable experience.

Level 1 – An individual who is capable of setting up and operating all machines (CNC and conventional in the machining or fabricating department) on

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repetitious jobs.

2.08 Painter

One who is required to mix paints and perform all tasks involved in keeping equipment in operative condition and to prepare work piece, apply primer and finishing coats using spray gun, airless spray or brush to produce required finish.

2.09 Part Time Employees

Part Time Employees may be hired in any Job Classification as long as there are no Full Time members of the Bargaining Unit in that classification that are on active layoff unless the member on active layoff refuses the work to be done by the Part Time Employee. There can only be 1 Part Time employee per classification and they cannot work more than 40 hours in a pay period

2.10 Job Security

An employee will be given three (3) months after date of the introduction of any new equipment, machinery or process in order to obtain proficiency in his/her

new duties. For an employee training on the operation of CNC equipment

the goal is to obtain proficiency as a Level 1 Machine Operator. If, at any

time, in the opinion of the Company, an employee has failed to

demonstrate sufficient ability in operating the new equipment, machinery

or process to insure that efficient operation of the enterprise of the

Company, necessary action will be taken.

The Company will offer to train senior employees to avert a lay-off.

2.11 Job Postings

Where a job vacancy occurs, a notice of such vacancy will be posted in each shop of all Dingwell's facilities for three (3) working days. Employees may make written application for such a vacancy. Employees qualified for the position will move up to the appropriate classification for the length of the position.

ARTICLE 3 - MINIMUM RATES OF PAY

3.01 The application of the terms of this agreement shall not have the effect of

reducing any employee's wage rate in force at the time of its execution. 3.02 Lead hands are to be paid one dollar ($1.00) per hour above their regular

classification.

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3.03 All lead hands can be requested to be called in up to 45 minutes prior to the

commencement of their regular shift - at straight time rates.

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3.04 Classification and Wages:

Classification and Wages:

Wages May 1, 2015

Company Pension Contributions

Company Hourly Cost per vested Member

Journeyman Machinist - Standard 26.63 3.93 30.56

Journeyman Machinist - Intermediate 25.42 3.81 29.23

Journeyman Machinist - Starting 24.16 3.69 27.85

Machinist Apprentices

1st period - 60% of Journeyman Rate 15.97 2.99 18.96

2nd period - 70% of Journeyman Rate 18.64 3.12 21.76

3rd period - 80% of Journeyman Rate 21.31 3.32 24.63

4th period - 90% of Journeyman Rate 23.94 3.60 27.54

Certificate - 100% of Journeyman Rate 26.63 3.93 30.56

Fitter/Welder -Level 3 26.63 3.93 30.56

Fitter/Welder - Level 2 24.29 3.65 27.94


Welder - Level 3 less 10% 19.95 2.34 22.29



Welder - Level 3 22.17 2.34 24.51

Welder - Level 2 19.88 2.04 21.92

Welder - Level 1 17.52 1.78 19.30

Machine Operator - Level 3 19.93 1.48 21.41



Painter 17.58 1.73 19.31

Labourer - Level 2 15.46 1.62 17.08

Labourer - Level 1 13.11 1.37 14.48

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Wages May 1, 2016


















Welder - Level 3 22.56 2.38 24.94

Welder - Level 2 20.23 2.07 22.30

Welder - Level 1 17.83 1.81 19.64




Painter 17.89 1.76 19.65

Labourer - Level 2 15.73 1.65 17.38

Labourer - Level 1 13.34 1.39 14.73

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Wages May 1, 2017


















Welder - Level 3 23.01 2.43 25.44

Welder - Level 2 20.63 2.12 22.75

Welder - Level 1 18.19 1.84 20.03




Painter 18.25 1.79 20.04

Labourer - Level 2 16.04 1.69 17.73

Labourer - Level 1 13.61 1.41 15.02

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ARTICLE 4 - HOURS OF WORK AND OVERTIME 4.01 The standard work week shall consist of forty (40) hours, composed of five (5)

eight (8) hour days, Monday to Friday. New employees hired after April 30, 1993 can be assigned to work a standard work week which shall consist of forty (40) hours, composed of five (5) eight (8) hour straight time shifts, Monday to Sunday. The work week will include two (2) consecutive days off unless a shift schedule change is incorporated between one (1) week and the next.

4.02 Where a single shift is worked, the standard daily hours shall be from 8:00 a.m.

to 4:30 p.m., Monday to Friday, with one-half (½) hour for lunch at noon on the employee's time. There shall be two (2) coffee breaks of ten (10) minutes each, one in the morning and one in the afternoon.

4.03 Where two (2) shifts are worked, the standard hours shall be as follows:

Standard Day Shift, as per item 4.02 above. Standard Night Shift, eight (8) consecutive hours between 4:30 p.m. and 12:30 a.m., Monday through Friday inclusive, with twenty (20) minutes in the middle of the shift for lunch, on the

Company's time, plus two (2) coffee breaks per shift of ten (10) minutes each. 4.04 Where two (2) shifts are worked, by mutual agreement between the Union and

Company, the alternate night shift shall be as follows: Four (4) shifts of ten (10) hours each, straight time, Monday to Thursday

inclusive - 4:30 to 2:30 a.m., coffee and lunch on Company time. There shall be two (2) coffee breaks of ten (10) minutes each and one (1) lunch break of twenty (20) minutes each shift.

Employee's hired after May 1, 2012 may be required to work the following

alternate shift schedules on production work. The following are acceptable alternative shifts to the Standard two (2) shift

schedule outlined in Article 4.03:

Day Shift:

Four (4) shifts of ten (10) hours each, straight time, Monday to Sunday inclusive -

8:00 a.m. to 6:00 p.m., coffee and lunch on Company time. There shall be two (2) coffee breaks of ten (10) minutes each and one (1) paid lunch break of twenty (20) minutes each shift.

Or Three (3) shifts of twelve (12) hours each, straight time, Monday to Sunday

inclusive - 8:00 a.m. to 8:00 p.m., coffee break and lunch on Company time.

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There shall be two (2) coffee breaks of ten (10) minutes each and one (1) paid lunch break of twenty (20) minutes each shift.

Afternoon/Night Shift:

Four (4) shifts of ten (10) hours each, straight time, Monday to Sunday inclusive -

4:30 p.m. to 2:30 a.m., coffee and lunch on Company time. There shall be two (2) coffee breaks of ten (10) minutes each and one (1) paid lunch break of twenty (20) minutes each shift.

Or Four (4) shifts of ten (10) hours each, straight time, Monday to Sunday inclusive -

6:00 p.m. to 4:00 a.m., coffee and lunch on Company time. There shall be two (2) coffee breaks of ten (10) minutes each and one (1) paid lunch break of twenty (20) minutes each shift.

Or Three (3) shifts of twelve (12) hours each, straight time Monday to Sunday

inclusive - There shall be two (2) coffee breaks of ten (10) minutes each and one (1) paid lunch break of twenty (20) minutes each shift.

4.05 Where three (3) shifts are worked, the standard hours shall be as follows:

Standard Day Shift - 8:00 a.m. to 4:00 p.m., Monday to Friday inclusive, with twenty (20) minutes in the middle of the shift for lunch on the Company's time.

Standard Afternoon Shift - 4:00 p.m. to 12:00 midnight, Monday to Friday inclusive, with twenty (20) minutes in the middle of the shift for lunch on the Company's time (12:00 midnight refers to 24:00 hours).

Standard Night Shift - 12:00 midnight to 8:00 a.m., Monday to Friday inclusive with twenty (20) minutes in the middle of the shift for lunch on the Company's time (12:00 midnight refers to 24:00 hours).

4.06 A shift premium of fifty (50¢) cents per hour shall be paid to employees on the

night shifts. 4.07 Overtime shall be paid for at the rate of time and one-half (1½) for all time

worked in excess of standard hours, Monday through Friday, and for all call-ins up to 12 o'clock midnight, and at the rate of double time thereafter, up to the start of the next regular shift.

4.08 All non scheduled time worked on the 6th day of the standard work week, all time

worked on the 7th day of a standard work week and Statutory holidays, as outlined in Article 9, shall be paid at the rate of double time (2X).

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4.09 The Company shall give as much advance notice as possible when requesting

employees to work overtime and to change shifts. 4.10 No employee shall be required to change shifts more than once per week.

Returning back to employee's original shift does not constitute a shift change. The company will work with employees when less than 24 hour notice is given of

overtime requirements or shift changes to allow the employee to make necessary arrangements regarding child care in order to be able to work the overtime or the new shift.

4.11 All employees who do work more than two hours beyond their regular shift shall

receive a hot meal to the value of $12.00 which the employee shall have twenty (20) minutes to eat, at the Company’s expense or a ten minute break and a paid out meal allowance of $12.00, unless the employee has been given notice prior to the end of the previous shift.

4.12 The hours of work and overtime rules and conditions outlined in Article 4 do not

apply to persons undergoing training on a job or machine.

ARTICLE 5 - RATING

In the case of any disagreement over any rating, the employee shall be given the opportunity to show whether or not he can qualify for the classification he believes he deserves, provided there is a vacant position. The test for such qualification is to be relevant to work generally done in the department in which he is employed.

ARTICLE 6 - TRAVELLING TIME

The Company shall pay an employee his regular straight time rate when traveling to and from field assignments, plus all transportation fares, and meals and lodging costs when outside city limits.

ARTICLE 7 - RECALL TO WORK

7.01 Any employee who has completed his regular shift and leaves the plant and then

is recalled to work overtime, shall receive a minimum of four (4) hours pay (2 2/3 hours at time and one-half) except that, if the recall to work is on a Saturday, Sunday, or Statutory Holiday, or such other times as double time rates prevail, the minimum guarantee shall be two (2) hours at double time (2X) rates.

7.02 Employees hired after April 30, 1993, who are assigned to work Tuesday to

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Saturday, or Sunday to Thursday shall receive a minimum of four (4) hours pay (2 2/3 hours at time and one-half) when recalled after their regular shift or two (2) hours pay at double time when called in on their day(s) off, Statutory Holidays or such other times as double time rates prevail.

ARTICLE 8 - VACATIONS WITH PAY

8.01 Vacations

(a) An employee with less than one (1) year of service as of April 30 will be entitled, after the first two consecutive months of employment, to a vacation of one day per month. A minimum of 16 paid working days shall constitute a full month. An employee who has less than the minimum will receive vacation time on a pro rata basis.

(b) An employee with a minimum of one (1) year of service completed as of

April 30 will be entitled to two (2) weeks of vacation, provided he has accumulated at least 190 paid working days from the date of commencement of service.

(c) An employee with a minimum of five (5) years of service completed or a

cumulative total of 950 days worked, whichever is greater, as of April 30, will be entitled to three (3) weeks of vacation.

(d) An employee with a minimum of fifteen (15) years of service completed as

of April 30, will be entitled to four (4) weeks of vacation. (e) A minimum of 190 paid working days in the period May 1 to April 30 will

constitute a year of service. The vacation period shall be May 1 to April 30.

(f) Employees qualifying for three (3) and four (4) weeks of vacation shall

take the third week and fourth week at a time mutually agreed upon. (g) Notices will be posted each year prior to the end of March requesting

employees to submit an application prior to May 1 giving the date they desire for their vacation, at the same time naming a second choice. Employees with the greatest seniority will be given preference of vacation period.

(h) All employees who qualify for vacation shall take their vacation during the

vacation period. Employees who have accumulated the 190 paid working days during the period May 1 to April 30 must take their full vacation time

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during the said period. Employees who have not worked full time and as a result have not accumulated the 190 paid working days, must take vacation, but will not be obligated to take a vacation of a longer period than the number of days he would be required to work to earn an amount equal to his vacation pay, based on his regular wage current at the time he takes vacation.

8.02 Vacation Pay Credits

(a) An employee with less than five (5) years of service will be credited with 4% of his total wages from the date of commencement of service to the following April 30 plus receive $25.00 additional pay per week of holidays taken up to the maximum holidays permitted under the contract after one (1) year of employment.

(b) An employee with five (5) or more but less than fifteen (15) years of

service will be credited with 6% of their total wages commencing on the first day of their sixth (6th) year of service plus receive $25.00 additional vacation pay per week of holidays taken up to the maximum holidays permitted under the contract.

(c) An employee with fifteen (15) or more but less than twenty (20) years of

service will be credited with 8% of his total wages for the immediately preceding period May 1 to April 30 plus receive $30.00 additional vacation pay per week of holidays taken up to the maximum holidays permitted under the contract.

(d) An employee with more than twenty (20) years of service will be credited

with 10% of his total wages for the immediately preceding period May 1 to April 30 plus receive $30.00 additional vacation pay per week of holidays taken up to the maximum holidays permitted under the contract.

(e) Vacation pay shall be paid in one (1) week blocks after appropriate

paperwork has been submitted at least one (1) week prior to the payroll cutoff date. The vacation period shall be May 1 to April 30 and the balance of accrued vacation pay for the year will be paid at the beginning of May for the year ending April 30.

(f) Vacation time may be taken in a minimum of one (1) day periods, with

pay, up to a maximum of two (2) weeks or the remaining vacation time due to them, whichever is less, if it is requested and approved by the Company at least one (1) week prior to the vacation time being requested.

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8.03 Vacation Pay on Severance

(a) If for any reason the employment of an employee is terminated, he will be paid all unused vacation pay credits due him under the vacations with pay provisions of this Agreement, calculated to the date of his leaving the Company's employ.

ARTICLE 9 - PAID STATUTORY HOLIDAYS

9.01 All employees shall receive their regular day's pay (eight hour shift workers will

receive eight (8) hours pay, and ten (10) hour shift workers will receive ten (10) hours pay for the following Statutory Holidays when not worked. This condition is subject to the employee working the regular scheduled work day immediately previous and the regular scheduled work day following the holiday.

New Year' Family Day Good Friday Victoria Day Canada Day Civic Holiday (August) Labour Day Thanksgiving Day Christmas Day Boxing Day One-half day Christmas Eve (2nd half of regular shift) One-half day New Year's Eve (2nd half of regular shift)

Employees must be in the employ of the Company for at least sixty (60) calendar days before being eligible for full Statutory Holiday pay. All employees with less than 60 days will be paid as per employment standards.

9.02 Employees required to work on any paid Statutory Holidays shall be paid at the

rate of double time (2X) for all hours worked plus pay for the holiday. 9.03 When a paid Statutory Holiday falls within the vacation period of the employee,

then the employee shall be granted either an extra day's pay or have an extra day off with pay, whichever is suitable to the Company.

9.04 The first eight (8) hours of overtime scheduled a minimum of 3 days in advance

on the 6th day of the standard work week will be paid at the rate of time and one-

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half (1½). The Company may cancel the scheduled overtime when circumstances arise that are beyond the Company’s control. Scheduled overtime will be distributed fairly based on seniority, ability and efficiency.

ARTICLE 10 - PAYMENT OF AND DEDUCTION FROM WAGES

10.01 Payment of wages will be paid every second Thursday by direct deposit. 10.02 Deductions from wages, except those required by law, and union dues, shall only

be made upon authorization signed by the employee, except personal purchases made through the company.

10.03 The Company shall deduct each month from the wages of each employee in the

bargaining unit an amount equal to the normal monthly union dues, and will remit such sums deducted, together with an alphabetical list showing from whom the deductions were made, to the Financial Secretary of the Union, not later than the fifth (5th) day of the following month. This list shall include the seniority and classification of each employee, and will be updated monthly.

All employees who terminate their employment with the Company for any

reason, or those employees who are removed from the dues deduction list for any reason, shall have their names included on the dues deduction list in the month following their last month dues payment, along with a comment explaining why they have been removed from dues deduction, (e.g. Bob Smith - discharged, quit).

10.04 The Company shall furnish the Union Steward(s) with a copy of the union dues'

deduction and seniority list for each current month. The list will show the full name of each employee, date of hire, seniority and classification, and this list shall be prepared alphabetically for all bargaining unit employees.

10.05 All bargaining unit employees who have union dues deducted shall have those

deductions shown on their "T4" Income Tax slips.

ARTICLE 11 - DISPUTES

11.01 An employee having a complaint or grievance shall have the right to process it

through the grievance procedure as set out hereunder:

Step 1 - The employee, accompanied by his Shop Steward shall first take the matter up with the superintendent of his department.

Step 2 - If the grievance or complaint in question is not settled to the satisfaction

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of the employee concerned within two (2) working days, he shall submit it in writing, stating the specific article numbers the Company is in violation of and the remedy sought. If a specific article is not stated the issue will be deemed non grievable. The Shop Steward shall then submit one copy to the superintendent. The superintendent shall render a decision in writing within a further two (2) working days and return the grievance form to the shop steward.

Step 3 - Failing satisfactory settlement, the grievance shall then be taken to the general manager of the Company, or his appointee, and a meeting shall be arranged between the grievance committee of the Union and such official of the Company within a further five (5) working days. The grievance committee shall have the assistance of the Business Representative or International Represen-tative of the Union, or both, if desired.

Step 4 - In the event that a grievance or dispute is not settled in any of the foregoing steps, it may be referred to a Board of Arbitration in accordance with the provisions of the Ontario Labour Relations Act, if the Article in dispute is clearly defined.

11.02 The Arbitration Board shall have no jurisdiction to alter or change any of the

provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.

11.03 Each of the parties hereto will bear the expense of the Arbitrator appointed by it,

and the parties will jointly bear the expense of the Chairman of the Arbitration Board.

ARTICLE 12 - SENIORITY

12.01 Seniority shall be established after a period of probationary employment of three

(3) months and shall be effective from the starting date of said employment. The principle of seniority, subject to the ability to perform the work required shall govern when forces are reduced or re-employed. In the event of a lay-off, probationary employees shall be the first to be laid off. Employees to be laid off shall be given notice of three (3) working days prior to the date of the lay-off. Employees voluntarily leaving the Company's service shall give the Company three (3) working days notice of their intention to do so. The Company will furnish a copy of the current seniority list to the Shop Steward of the Union.

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12.02 Upon making application an employee may be granted a leave of absence, not

in excess of thirty (30) days, at the discretion of the Company. Leave of absence in excess of thirty (30) days, but not more than three (3) months can be granted only by mutual agreement of both Company and Union. An additional leave of absence for a further period of three (3) months may be applied for and granted by mutual consent of the management and the Union, but in no event shall any employee be granted more than six months leave of absence in any twelve (12) month period without loss of the employee's seniority rights.

12.03 The above clause would not apply in the case of absence due to sickness or for

extenuating circumstances and reasons beyond the control of the employee, in which event each case will be judged on its merits.

12.04 An employee who has been laid off, and has been requested to return to work

for a period of five (5) working days or more to fill a vacancy caused by some other employee securing a leave of absence shall lose his seniority by reason of refusing to return to work.

12.05 The seniority of an employee shall be terminated for any one of the following

reasons: 1. If he voluntarily leaves the services of the Company. 2. If he is discharged and such discharge is not reversed through the

grievance procedure. 3. If he fails to return to work within seven (7) days from the mailing of a

registered letter to him at his last known address on file with the Company, unless he has furnished a reason which is satisfactory to the Company, for his failure to return to work within that time. Proof of sickness may be deemed to be a satisfactory reason.

4. If he has been continuously laid off for a one year's duration.

ARTICLE 13 - DISCHARGE

13.01 The Company agrees to furnish the Shop Committee with the name of any

employee who is discharged at the same time as notice of termination is given to the discharged employee, giving reasons for the dismissal. If the employee feels that he has been unjustly discharged he may file a grievance to the Company in writing within five (5) working days of his termination.

13.02 In the event a grievance is filed, a meeting shall be held within three (3) working

days after receipt of grievance, between management and the grievance committee to deal with the grievance. Management will render its decision in writing within two (2) days following the date of such meeting.

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13.03 If such decision is not satisfactory to the Union, the grievance may then be

referred to Arbitration. If the grievance is not referred to Arbitration within ten (10) days of receipt of the Company's decision, then it shall be considered as settled at that point.

13.04 If the grievance is referred to Arbitration it may be settled by:

1. Confirming management's action in dismissing the employee; or 2. By reinstating the employee with full seniority, with full payment for all time

lost; or 3. By any other arrangement which is deemed just and equitable in the opinion

of the Arbitration Board.

ARTICLE 14 - DISCRIMINATION

There should be no discrimination, interference, restraint, or coercion by or on behalf of the Company regarding any employee because of membership in the Union. The Union, its members or its agents shall not conduct Union activities on Company time or premises except as permitted in this Agreement.

ARTICLE 15 - UNION SHOP

15.01 The Company subscribes to the principle of Union Shop. All employees now

holding membership in Lodge 1120, and all others who join the Union in the future will be required to maintain membership to be eligible for employment with the Company.

15.02 New employees shall be required to take out membership in the Union as a

condition of employment within one (1) month of being hired, and shall be so notified by the Company at the date of employment. The Company will deduct from the employee's pay cheque the initiation fees and forward them to the Union upon signed authorization by the employee.

15.03 The Company shall deduct each month from the wages of each employee in the

bargaining unit an amount equal to the normal monthly union dues, and will remit such sums deducted, together with an alphabetical list showing from whom the deductions were made, to the Financial Secretary of the Union, not later than the fifth (5th) day of the following month. The company agrees that the dues list submitted to the Union will include the seniority, classification and the hours paid.

All employees who terminate their employment with the Company for any

reason, or those employees who are removed from the dues deduction list for any reason, shall have their names included on the dues deduction list in the

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month following their last month dues payment, along with a comment explaining why they have been removed from dues deduction, (e.g. Bob Smith - discharged, quit).

ARTICLE 16 - SAFETY PRECAUTIONS

16.01 The Company and the Union agree that they mutually desire to maintain high

standards of safety and health in the plant in order to prevent industrial injury and illness.

The Company will recognize a Safety Committee. This Committee will be

comprised of two delegates who are Union members, one of which shall be the Union Steward and the other appointed by the membership. This Committee shall meet not less than once every two (2) months during the lunch period, with no more than two of the Company's delegates for the purpose of improving the safety standards within the Company. Minutes of the monthly Safety Committee meeting shall be posted in conspicuous places available to employees.

16.02 The Union recognizes and the Company accepts the responsibility to make

adequate and reasonable provisions for the safety and health of the employees during their hours of employment. Hard hats and rain gear will also be supplied by the Company if and when required.

16.03 The Company will provide proper protection from the elements when transporting

men to and from outside work. 16.04 Employees are not required to use personal vehicles for Company work. 16.05 Employees agree to exercise proper care and handling of all tools and

equipment placed in their charge. 16.06 Employees agree to:

1. Keep the portion of the premises in which they are working clean and tidy at all times.

2. Form a committee consisting of two welders, two machinists and two management who shall determine the minimum personal tools required and maintained by journeyman machinists and welders.

3. Put tools and equipment in their proper place when not in use. 4. Keep themselves clean and neat in appearance.

16.07 Two (2) pairs of smocks or coveralls will be supplied to each employee per week

at no cost to the employee.

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16.08 Each new employee is entitled after the first year of employment to a $100.00

per calendar year boot allowance, which is to be reimbursed upon presentation of proof of purchase. Employees that have been notified of a lay off will not be entitled for reimbursement of boots purchased during this notice period until the employee is recalled.

16.09 The Company agrees to supply each welder with an average of one (1) pair of

gloves per two (2) month period for a total of six (6) pairs of gloves per year, as long as worn gloves are returned.

16.10 The Company agrees to explore training opportunities for safe and proper use of

fork lift operation and lifting devices.

ARTICLE 17 - HEALTH AND WELFARE

The Company agrees to contribute one hundred per cent (100%) of the monthly payment required for the following Health Welfare Plans for employees and their dependents who have a minimum of 100 days worked within a 365 day period from their date of hire. If the employee is laid off and rehired and the 100 days worked will not be achieved then the new 100 days worked will start from the employee’s date of rehire. The following is intended as a convenient summary of the principal benefit provisions. For details please refer to the descriptive pages in the Insurance Booklet which is issued to each employee. The Company will provide a benefit booklet to the Union whenever newly issued.

BENEFIT SUMMARY

Life Insurance:

$10,000 flat amount of insurance for all employees Disability Provision - Extended Death Benefit Settlement Option - 50% benefit paid in a lump sum - 50% benefit paid in monthly installments Reduction at 65 or earlier retirement is: - to $5,000 and canceling at age 70.

Accidental Death & Dismemberment - Accidental Death - an amount equal to life insurance (maximum $100,000) - Accidental Dismemberment - lump sum related to loss

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Short Term Disability:

1st week - waiting period 2nd week - Company pays 70% of weekly earnings, up to $50 above E.I. maximum 3rd - 17th week - E.I. pays, company tops up to $50 above E.I. maximum.

Health:

$5 per prescription deductible pay direct drug Generic substitution 100% reimbursement for other eligible expenses

Semi-Private Health Care included

Dental:

100% Basic Services 50% Restorative Services $1,500 combined annual maximum Current ODA fee schedule for general practitioners

Vision Care:

Provide prescription glasses to a maximum of $200.00 every two years per eligible family member.

Long Term Disability:

17 week waiting period 70% of monthly earnings, to a maximum of $3,500 per month. Any Occupation Definition of disability.

The company will provide the Union office a copy of any new benefit booklets issued to bargaining unit members.

Bereavement Leave In the event of death in the immediate family of an employee, the Company shall grant up to three (3) days of absence with pay for the employee to make arrangements for, attend the funeral, or take the absence with pay no later than 30 days from the date of funeral. Additional days requested or in case of death of other family member not

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specifically listed will be considered on an individual basis. Immediate family shall mean: spouse, parents, grandparents, children, brothers, sisters, mother-in-law, father-in-law and/or equivalent step persons as long as step persons are, or were close part of the family unit. Immediate family also includes common-law equivalent.

Tool Insurance The Company will assume the responsibility for the replacement of tools and tools boxes belonging to employees in the event such tools or tool boxes become damaged or lost by fire and water resulting from a fire, or if the entire tools box is lost by theft, where there is evidence of breakage and entry into the Shop. However, all tools must be listed and approved by Management. The list shall be presented by the employee to the Management for safe keeping prior to any fire or theft. Each such employee shall comply with local shop rules and instructions relating to the safeguarding of personal hand tools. The amount of reimbursement for loss to an employee under the provisions of this section will come from the Tool Insurance Fund which has a total aggregate of $45,000.00 This is subject to the employee locking his tools at the completion of each shift and supplying the Company with an updated list on January 1st of each year and also after each $100.00 increase in tools purchased. The Company shall pay for and provide all benefits established in this agreement for apprentices while they are attending trade school. To qualify for the above an appren-tice must have six months of service with the Company prior to attending trade school and must offer his services to the Company for one year following his trade school training.

Maintenance of Benefits Any employee who is off because of illness, injury, Workers' Compensation, or short term disability shall have all benefits maintained at the Company's expense to a maximum of one year.

ARTICLE 18 - MISCELLANEOUS ITEMS

18.01 It is understood that no employee will undertake any work not authorized by the

Company on Company premises, or use any material for other than Company jobs unless first having Company authorization. Any offense so committed will result, at the option of the Company, in forfeiture of seniority or dismissal.

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18.02 Interpretation Wherever the singular or masculine is used in this Agreement, it shall be

considered as if the plural or feminine has been used, if the context of the Agreement so requires.

18.03 Savings Clause It is assumed by the parties hereto that each provision of this Agreement is in

conformity with all applicable laws of the Dominion of Canada and/or the Province of Ontario. Should it later be determined that it would be a violation of any legally effective Dominion and/or Provincial Statute and/or Regulation(s) made there under to comply with any provision or provisions of this Agreement, the parties hereto agree to amend this Agreement for the sole purpose of making such provision or provisions conform to such Dominion or Provincial Statute or Regulation(s) there under, and all other provisions of this Agreement shall not be affected thereby and shall remain in full force and effect.

18.04 Working More Than One Job An employee can be requested to work more than one job at any given time as

long as the work being performed on a particular piece of equipment reasonably allows this to happen in a safe and orderly manner, and within a given work area laid out close to the original job.

18.05 Personal Hand Tools Machinists shall not be required to supply micrometers larger than three inches.

ARTICLE 19 - PENSION

19.01

1. Commencing with May 1, 2000, the Company agrees to make payments to the I.A.M. Labour-Management Pension Fund (Canada) for each employee with more than six (6) months of service performing work in a job classification covered by this Collective Agreement the amount outlined in the Pension Contribution Schedule.

2. For purposes of this Article, each day paid for, as well as days of paid vacation, paid holidays and other days for which pay is received by the employee in accordance with the Collective Agreement shall be counted as days for which contributions are payable.

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3. Contributions for a new, temporary, probationary, and full-time employee with

less than six (6) months service will be twenty-five ($0.25) per hour and are payable from the first day of employment.

19.02 The Company and the Union further agree as follows:

1. The payments to the Pension Fund shall be made to the I.A.M. Labour-Management Pension Fund (Canada) which was established in Canada under the Trust Agreement dated February 1, 1970 and has been signed by the Company and the Union.

2. The Pension Plan adopted by the Trustees of the said Pension Fund shall at

all times conform with the requirements of the Pension Benefits Standards Act and the Income Tax Act so as to enable the Company at all times to treat contributions to the Pension Fund as a deduction for Federal income tax purposes.

3. All contributions shall be made at such time and in such manner as the

Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Company for the purpose of determining the accuracy of contributions to the Pension Fund.

4. If the Company shall fail to make its contributions to the Pension Fund by the

twentieth day of the following month and such default shall continue for thirty working days, the Company shall be liable for all expenses incurred in enforcing payment of the contribution; including reasonable attorney’s fees and arbitration fees, in addition to interest in an amount equal to one per cent (1%) of the unpaid contributions for each full calendar month the contribution remains unpaid.

19.03 The parties further acknowledge that no other agreement between the Company

and the Union regarding pensions or retirement is in effect or will be effective during the period covered by the said Collective Agreement without the written consent of the I.A.M. Labour-Management Pension Fund (Canada). Copies of any renewal or extension agreements will be promptly furnished to the Pension Fund Office and, if not consistent with this Agreement, can be used by the Trustees as the basis for termination of participation of the Company.

19.04 It is understood and agreed by both parties that, upon making its contribution to

the Pension Fund in accordance with the Trust Agreement, the Company is relieved of any and all obligations in regard to the Pension Fund.

KEEP THIS AGREEMENT

YOU MAY NEED IT!

For further information about the meaning of certain sections of this agreement, get in touch with your

SHOP STEWARD

or

THE UNION OFFICE

PETER TOPETTO DIRECTING BUSINESS REPRESENTATIVE

1200 W. WALSH ST. THUNDER BAY, ON

P7E 4X4

807-475-4779 FAX: 807 475-5956

collective agreement between: dingwell's machinery … · level 3 - an individual who is...

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