collective agreement between: maple leaf foods … consuma… · maple leaf foods (thamesford),...

COLLECTIVE AGREEMENT

BETWEEN:

MAPLE LEAF FOODS (Thamesford),

(hereinafter referred to as "the Company")

-and-

CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS (CNFIU): Local3000

(hereinafter referred to as "the Union")

TERM OF THE AGREEMENT

April 01, 2015 to March 31, 2018

Without prejudice, Pending Final Sign~off

INDEX

Article Page 1 Purpose 3 2 Recognition 3 3 Work Stoppages 4 4 Union Secnrity and Dues Deduction 4 5 Company Rights 5 6 Employee Representation 6 7 Grievance Procedure 8 8 Discharge and Discipline 11 9 Seniority 13 10 Job Posting 14 11 Transfer 17 12 Layoff and Recall 18 13 Health and Safety 20 14 Human Rights 20 15 Bulletin Board(s) 21 16 Leaves 21 17 Vacations 23 18 Statutory Holidays 25 19 Jury Duty 26 20 Bereavement 26 21 Reporting Pay and Call-In Allowance 27 22 Group Benefits 28 23 Hours ofWork, Rest Periods and Overtime 30 24 Other Benefits 32 25 Wages and Classifications 35 26 Term of Agreement 46 LOUl Training Fuud 47 LOU2 Part Time Employees and Students 48 LOU3 Lead Hands 49 LOU4 Classification Determination 50 LOU5 Payroll 51 LOU6 Excess Work Honrs 52 LOU7 Stand-By Pay 53 LOU8 Vacation Calendar 54 LOU9 Maintenance Schedule 55 LOUlO Live Haul Long Haul 56 LOU 11 Stockroom Classification 57 Index Message from Union Executive (ESA Guidelines) 58-75

Without prejudice, Pending Final Sign-off

ARTICLE ONE- PURPOSE

1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the Company and its employees covered by this Agreement through the Union to secure prompt and fair disposition of grievances, to secure the efficient operation of the Company's business without interruption or interference with work and to maintain mutually satisfactory hours of work, wages and working conditions. Both parties agree that their mutual interest lies in friendly cooperation to promote the mutual interest and welfare of both the Company and Employees/Union.

ARTICLE TWO- RECOGNITION

2.01 The Company recognizes the Union, for the purpose of this agreement, as the sole collective bargaining agent for all employees of the Employer working in and out of the Town of Thames ford, Ontario, in the following areas, save and except supervisors, persons above the rank of supervisor, nurses, office and sales staff.

Primary Processing Plant Transfer Station Maintenance Grounds Maintenance Shipping Live Haul Stockroom/Purchaser Washbay

2.02 The Company agrees that supervisors, persons above the rank of supervisor and all nonbargaining unit personnel will not perform bargaining unit work, except for instruction or training ofbargaining unit personnel; emergency situations; washroom relief; relieffor training or health and safety related matters; relief to attend to Union business; or unforeseen employee absenteeism until a member of the bargaining unit is available.

Management shall not subcontract or transfer work capable of being performed by existing qualified employees or qualified employees on lay-off available for the work assigrnnent except for the reasons of emergencies, bio-security and animal welfare. The Company agrees that it will deal fairly and honestly with any decisions to contract out.

2.03 The word "employee" wherever read in this Agreement shall mean any or all of the employees in the bargaining unit as defined above except where the context otherwise provides.

2.04 Where the masculine pronoun is used herein it shall mean and include the feminine pronoun where the context applies.

Without prejudice, Pending Final Sign-off Page3

ARTICLE THREE- WORK STOPPAGES

3.01 In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the lifetime of this Agreement, there will be no organized strike, picketing, slowdown or stoppage of or interference with work or production, either complete or partial, and the Company agrees that there will be no organized lockout of employees.

3.02 The Company shall have the right to discharge or otherwise discipline employees who take part in or instigate any unlawful strike, picketing, slowdown, stoppage or other interference with work or production, either complete or partial, contrary to 3.01 of this Agreement.

ARTICLE FOUR- UNION SECURITY AND DUES DEDUCTION

4.01 The Union will not nor will any employees engage in any Union activities during working hours or hold meetings at any time on the premises of the Company without the prior consent of the Company. It is understood however, that use of the agreed and provided Union office on the premises is permitted by the Company.

4.02 All employees of the Company covered under this Agreement, shall, as a condition of employment become members of the Union upon completion oftheir probation.

4.03 During the term of this Agreement, the Company agrees to deduct regular weekly Union dues and initiation fee, if any, as certified by the Union, to be currently in effect according to the Constitution and By-laws of the Union, from the wages of each employee on each pay day of each calendar month and to remit the amount so deducted to the head office of the Canadian National Federation of Independent Unions no later than the lOth day of the following month.

a) A member of the Local Union Executive will be given the opportunity of meeting each new bargaining unit employee at their new employee orientation, for the purpose of informing such employees of the existence of the Union in the organization. The Employer shall designate the time and place for this meeting, the duration of which shall not exceed fifteen (15) minutes. The meeting shall take place on the Employer's premises in a room designated by the Employer.

b) The Employer shall advise the Local Union the names ofthe new employees and the date of their new employee orientation as soon as it is known to them.

c) The Employer shall advise the Local Union of employees who successfully complete their probationary period, at the time that they have successfully completed their probationary period.

If a position is filled by any temporary worker in any department for more than fifteen (15) days in a calendar month, the Company will reimburse the Union $20.00 per person per month(s) that the employee has worked more than fifteen (15) days.


4.04 The Company shall furnish to the Union with such payments a list of the names of those employees for and on behalf of who deductions have been made.

4.05 The Company will provide the Union a current listing, on the first working day after January I" and July I'' of each year, or as otherwise reasonably requested, an updated listing of Union members containing name, home address, phone number, department and position.

4.06 The Employer will provide the Union with reasonable notice prior to implementing any changes to any workplace practices and policies.

ARTICLE FIVE-COMPANY RIGHTS

5.01 The Union acknowledges that it is the exclusive function of the Company to:

a) maintain order, discipline and efficiency, and b) hire, discharge, classifY, schedule, transfer, assign, direct, promote, demote, layoff,

and suspend or otherwise discipline employees for just cause; and c) generally to manage the industrial enterprise in which the Company is engaged and

without restricting the generality of the foregoing, the kinds and locations of equipment, machines, and tools to be used, and the allocation and number of employees required by the Company.

Company rights, as outlined above, shall not be exercised in a manner inconsistent with the terms of this Agreement.

5.02 The Union recognizes the right of the Company to make, enforce and to alter, reasonable rules and regulations as required not inconsistent with the terms of this Agreement, to be observed by all employees.

5.03 Technological Change

a) Technological change shall mean the introduction of equipment different in nature, type or quantity from that previously utilized.

b) The Employer shall notifY the Union thirty (30) days in advance before the introduction of the above, whenever possible.

c) If the employer is required to reduce the number of employees in the bargaining unit as a result of the introduction of technological change, the employer will use its best efforts to place the employee in a comparable position in the organization. Should no position be available in the organization, the employee will be laid off and entitled to the options set out in Article Twelve. The Company will offer reasonable training to employees that may be subject to reduced hours of work or layoff as a direct result of technological change, in an effort to be able to place them in a comparable position in the organization.


ARTICLE SIX- EMPLOYEE REPRESENTATION

6.01 Grievance Committee The Company acknowledges the right of the Union to appoint or otherwise select a grievance committee, which shall be comprised of not more than two representatives ofthe local union. Each member oftbis committee shall have at least one year of seniority with the Company and shall be regular employees of the Company available for duty during their time of office. The Company will recognize and bargain with the said committee, commencing at Step 3 of the grievance procedure, who will co-operate with the Company in the administration of this Agreement.

6.02 The name and jurisdiction of each ofthe representatives of the grievance conunittee, from time to time selected, shall be given to the Company in writing and the Company shall not be required to recognize any such representative until it has been notified in writing by the Union of the name and jurisdiction of the same.

6.03 The privileges of members of the grievance conunittee to leave their work to attend to Union business is granted on the following conditions:

(a) there will be no loss of pay while absent from their work, except for time spent preparing for and attending at arbitration hearings

(b) such business must be between the Union and the Company (c) the time shall be devoted to prompt handling of necessary business (d) representatives involved shall notifY their supervisor, who shall give permission to leave

their work without undue delay

6.04 The Union representatives will not enter the premises of the Company after working hours without signing in with Security.

6.05 Negotiating Committee At any further negotiations for the renewal of this Agreement, the bargaining unit will be represented by a Negotiating Committee consisting of not more than three (3) employees ofthe Company and a representative of CNFIU. Each member oftbis Committee shall have at least one year seniority with the Company and shall be regular employees of the Company during their time in office. The Company will recognize and bargain with tbis Conunittee on any matter properly arising in negotiations for renewal oftbis Agreement. The Union shall notifY the Company in writing of the names of the members of the Negotiating Conunittee at the time of their appointment and the Company shall not be required to recognize any conunittee member until it has been so notified.


6.06 The privileges of the Negotiating Committee to leave their work to attend Union business will be granted on the following conditions:

(a) the Company will pay members of the Negotiating Committee for time lost from regular scheduled work to meet with Company to a maximum ten (I 0) meetings or eighty (80) hours.

(b) such business must be between the Union and the Company (c) the time shall be devoted to prompt handling of necessary Union business

6.07 Union Stewards The Company acknowledges the right of the Union to appoint or otherwise select stewards to a maximum of fifteen (15) positions bargaining unit-wide and a maximum of two (2) stewards (five (5) in Boning) in any department. The union will endeavour to have a steward available for each shift for each department within the plant.

6.08 Each Steward shall have acquired seniority with the Company and shall be regular employees of the Company during their term of office. The name and jurisdiction of each of the stewards from time to time selected shall be given to the Company in writing and the Company shall not be required to recognize any such steward until it has been notified in writing by the Union.

6.09 The Company recognizes that Stewards and/or Officers of the Union are required from time to time to investigate and process grievances or discuss with supervision other matters affecting employees.

When it becomes necessary for a Steward to leave his job to attend to these matters they will give supervision as much advance notice as possible, at which time supervision will make arrangements for the Steward to be relieved within one (I) hour after receiving such request.

The privileges of stewards to leave their work is granted on the following conditions: (a) such business is for prompt handling of Union member rights as set out in this

Agreement. (b) there will be no loss of pay while absent from their work, except for time spent

preparing for and attending at arbitration hearings (c) such business must be between the Union and the Company (d) the time shall be devoted to prompt handling of necessary business

6.10 The National Union Representative may attend at step three grievance meetings subject to the following:

(a) he first reports to the Human Resources Department at Company reception; (b) he must comply with Company regulations governing employees; (c) his cost will be borne solely by the Union.

6.11 The incumbents in the following two positions of the Union shall be granted time off work, with normal pay, to perform Union business for four (4) hours of their scheduled shift as follows:


Vice-President on the last Friday of each month and Secretary on the first Friday of each month or on a mutually agreed upon day.

The President of the Local Union will be granted time off work, with normal pay to perform union business for a full scheduled shift every Friday (or alternate day as mutually agreed). It is understood that these days are intended for all manners of union business including grievance meetings, disciplinary meetings and investigations. Where the Union President is away from the plant on a leave of absence or vacation, and where it is necessary for specific Thamesford union business to be performed, the company agrees to consider a request for time off for the President's designate. Such time will not exceed four ( 4) hours.

6.12 The Company agrees to pay 50% of the total cost of the producing the Collective Agreements by a printer of the Union's choice.

6.13 Labour Management Meetings The Company and the Union shall meet quarterly to discuss any issues of concern, other than matters already in the grievance process. There shall be a minimum of two (2) union and two (2) management in attendance.

Agendas will be exchanged at least five ( 5) working days prior to the meeting. Meetings will be a maximum of two (2) hours, but may be extended by mutual agreement.

The President, or designate, and two (2) representatives shall attend and shall be paid regular hourly wages for all meeting time.

6.14 The Union shall notifY the Company in writing of the names of Local Union Executive members at the time of their appointment and the Company shall not be required to recognize any Local Union Executive member until it has been so notified.

ARTICLE SEVEN-GRIEVANCE PROCEDURE

7.01 The purpose of this Article is to establish a procedure for the settlement of all grievances arising in respect of the interpretation, application, administration or alleged violation of this Agreement. The Company and the Union, therefore, agree that the designated grievance procedure as is set out shall serve and constitute the sole and exclusive means to be utilized by the Grievor, the Union, and the Company for the prompt disposition, decision and final settlement of a grievance and the specifically designated grievance procedure shall be strictly followed.

No grievance shall be considered if more than five (5) working days (not including the day of incident) have elapsed between the occurrence of the incident and the stating of the gr1evance.

If required, extensions to the time limits referred to shall be by written mutual agreement. Where a response is not given by a party within the specific time limits in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure.


The Company will not impose discipline if more than three (3) working days (not including the day of incident) have elapsed from the time the Employer is made aware of the incident giving rise to the discipline or notifying the Union of pending discipline subject to an investigation. Should there be no Steward available to attend the discipline meeting; the Employer will give the Union notice of impending discipline within the three day period referred to above.

STEP ONE (Complaint Stage) An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall discuss his complaint with his supervisor, and shall be given the opportunity to have a union steward present. Such a complaint shall be brought to the attention of the Supervisor within five (5) working days of the incident giving rise to the complaint. The Supervisor shall give his verbal decision, within three (3) working days following the presentation of the complaint or grievance to him, and shall record the details of the grievance on a form provided by the Company. This form will include, but may not be limited to: the date the grievance was presented to the Supervisor; the article(s) of the Collective Agreement that was deemed to have been violated; the date of the violation; the Supervisor's response (denied or remedied); the name of the Union Steward (if any) that attended the Step One meeting, and, the date that the response was provided to the employee. The Supervisor will provide a copy of this record to the employee and the union steward at the time that they provide their response.

STEP TWO (Discipline starts at Step 2) If the Supervisor's decision is not satisfactory to the employee following Step 1, then the complaint shall, with the assistance of the union steward, be placed on a written grievance form which is then to be presented to the Area Manager, and/or Human Resources.

The complaint shall now constitute a formal grievance at Step Two and shall be filed within ten (1 0) working days following receipt ofthe supervisor's reply to Step One. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, contain a precise statement of the facts relied upon, and indicate the relief sought and be signed by the Employee or if he is not available, the grievance may be signed by the local union president or chief steward.

A meeting will be held, within five (5) working days of the company's designate, as listed above, receiving the written grievance and will be attended by the Area Manager, and/or Human Resources, the grievor's Supervisor, the Grievor and the Steward signing the grievance.

The Company designate as listed above will render his decision, in writing, with copies to Human Resources, the Employee and the Steward within three (3) working days following the meeting.

Without prejudice, Pending Final Sign-off PaQe 9

STEP THREE If a satisfactory settlement is not reached at Step 2, then the grievance will be referred to Step 3 within ten (1 0) working days after the written decision at Step 2, and the Union will forward a copy of the grievance to Human Resources.

The Union Grievance Committee will meet with the Management of the Company to discuss the grievance at a mutually agreed upon date, within one (1) month after the grievance has been referred to Step 3, or the date the grievance is filed in the case of suspension or discharge as per Article 8.01. The Grievor will be allowed to attend the Step 3 meeting.

After the Step 3 meeting, the Company shall reply to the grievance, in writing, with a copy to the Union President within five (5) working days of the meeting or at such time as mutually agreed upon at the Step 3 meeting.

Where the Company fails to make reasonable efforts to schedule a grievance meeting within specified time-frames, and where the parties do not agree to an extension of time-limits, the union will have the right to forward the grievance automatically to the next stage of the grievance procedure.

MEDIATION Either party, with the agreement of the other party, may submit a grievance to Mediation within twenty (20) working days after the Employer's decision has been rendered at the step prior to arbitration.

(a) The parties shall agree on a Mediator. (b) Proceedings before the Mediator shall be informal. Accordingly, the rules of

evidence will not apply. No record of the proceedings shall be made, and neither party shall use legal counsel.

(c) If possible, an agreed statement offacts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation meeting.

(d) The Mediator will have the authority to meet separately with either party. (e) If no settlement is reached within five (5) days following Grievance Mediation, the

parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as a Mediator may serve as an Arbitrator, unless mutually agreed by both parties. Nothing said or done by the Mediator may be referred to in Arbitration.

(f) The Union and the Employer will share the cost of the Mediator, if any.

ARBITRATION At the request of either party to this agreement, the grievance may be referred to arbitration as hereinafter set forth:

If arbitration is to be invoked, the request for arbitration must be made, in writing, to the other party within twenty (20) working days after the reply at the Step 3, failing which


the grievance shall be deemed to have been abandoned and all rights to arbitration forfeited.

The parties shall attempt to agree on a single Arbitrator from a list previously agreed to by the parties. If the parties cannot agree upon an Arbitrator within fourteen (14) calendar days from the date of the notice to arbitrate, the Ministry of Labour shall be requested to appoint an arbitrator pursuant to the Ontario Labour Relations Act.

Each of the parties to the agreement will equally bear the expenses of the arbitrator appointed by it.

7.02 Policy Grievance The Union or the Company may initiate a Policy Grievance beginning at Step Three of the grievance procedure. A Policy grievance may only be filed by the Union President (or designate) and by the Manager, Human Resources of the Company (or designate). Such grievance shall be filed within ten (1 0) working days of the incident giving rise to the complaint and shall be on the form prescribed in Step Two. In the event that a policy grievance is based on facts which have also given rise to an individual grievance, the Company and the Union may agree that the Policy Grievance and the individual grievance be heard together during the grievance procedure and/or submitted together to arbitration.

7.03 No matter may be submitted to arbitration which has not been properly carried out through the grievance procedure within the time specified, providing that the parties may extend the time limits in the grievance procedure by mutual agreement.

7.04 Settlement in any step ofthe grievance procedure shall be final and binding upon both parties to the Agreement and upon any employee affected by it. The mandatory provisions of this Article shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver in writing.

ARTICLE EIGHT- DISCHARGE AND DISCIPLINE

8.01 Any employee who feels he has been unjustly disciplined, suspended, or discharged shall have the right to appeal through the grievance procedure. In the case of grievances dealing with suspension or discharge, the employee must, with the assistance of the Union's grievance committee, file a grievance within five ( 5) working days after receiving notification of suspension or discharge. The grievance shall be entered at the third step of the grievance procedure.

8.02 Where a grievance concerning discipline or discharge is submitted to arbitration the arbitrator may rule as follows: (a) confirming the Company's discipline or discharge; (b) in the case of discharge, reinstate the employee with compensation for all related

damages (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case for which he is not required to repay);


(c) in cases of discipline not involving discharge, reduce or set aside the discipline and award compensation to the grievor for any related damages (except for the amount of any remuneration or compensation the employee has received from other sources pending the disposition ofhis case for which he is not required to repay);

(d) dispose of the grievance in any other manner which may be just and equitable.

8.03 The Union President will receive copies of all suspensions and terminations or discipline notices issued to the union members made available the same day the member receives it.

8.04 Any employee may view his personnel file, upon advance written request signed by the employee, in the presence of a Union representative, if so desired, and a member of Human Resources.

No copies of records will be provided to the employee. Exceptional situations will be handled on their own merit; and at the Company's sole discretion, records may be copied for the employee based on the situation giving rise to the request.

8.05 Any employee belonging to the Union will not be required to carry out discipline.

8.06 Right to Representation (a) The Employer agrees that, whenever an interview is held with an employee that is

disciplinary in nature, a Union Representative will be present.

(b) It is mutually agreed that employees shall maintain their right of choice of Steward associated with their department or a designate. The Employer will endeavour to schedule the discipline meeting at a time the selected Steward is available. In the event that the Steward chosen is not on the premises, the Employer will advise the employee which Stewards are available and the Employee will be required to select an available Steward.

(c) If no Steward is available, the employer will re-schedule the discipline meeting until such time as a Steward is available. In such cases, the time-limits with respect to imposing discipline will be extended. The employee will not be given the option to waive their right to Union representation.

8.07 Discipline In an effort to ensure an efficient, safe and harassment-free workplace, the Company may issue disciplinary notices to employees based on their actions that are deemed to be in violation of the Collective Agreement, formal Company policies and procedures, or established rules.

The following two streams of discipline will be established:

1. Minor Infractions of Company policies or rules 2. Major Infractions of Company policies or rules


Verbal warnings will remain active on an employee's file 6 months from the date that they are issued.

Written warnings will remain active on an employee's file 9 months from the date that they are issued

Unpaid suspensions will remain active in an employee's file for 12 months from the date that they are issued.

Type of Warning Length Actively on File Verbal Warning 6 months Written Warning 9 months

Unpaid Suspension 12 months

ARTICLE NINE- SENIORITY

9.01 Newly hired employees shall be on probation until they have been employed for one hundred twenty (120) calendar days for the Company within a six-month continuous period from date of hire and shall have no seniority rights during this period. Upon successful completion of the probationary period a new employee shall have his seniority date back-dated to his last date of hire. During the probationary period, the employee shall be considered as being employed on a trial basis and may be discharged, laid off and transferred at the discretion of the Company. Any discharge, lay-off or transfer of a probationary employee shall not be the subject of a grievance and/or arbitration pursuant to the provisions of this Agreement, nor shall there be any obligation on the Company to retain the services of such employee or to re-employ him if he is laid-off or discharged during such period. The discharge of a probationary employee may be for cause or no cause and entirely with the discretion of the Company. The provisions of this Article will not be applied in a manner that is contrary to the Ontario Human Rights Code or the provisions of relevant legislation.

The probationary period may be extended an additional thirty (30) calendar days upon mutual agreement of the employee, the Union and the Company prior to the expiry of the original probationary period.

9.02 "Seniority" shall mean an employee's length of continuous employment with the Company in the bargaining unit. An employee shall accumulate seniority from the date of last hire. Notwithstanding the foregoing, an employee shall not accumulate seniority during any approved leave of absence exceeding ninety (90) calendar days but, rather, shall maintain his seniority until his return from the approved leave of absence, after which he will continue to accumulate seniority pursuant to this Article.

This article will not be applied contrary to the provisions of the relevant legislation (ie. ESNOHRA/WSIB)


9.03 Seniority may be lost and employees may be terminated upon: (a) quitting (b) retiring (c) discharged for any just cause that is not reinstated through the grievance procedure

and/or arbitration (d) absence from work for more than three (3) scheduled working days without notif'ying

the Company without just cause (e) not returning to work after an approved leave of absence without just cause, or taking

another job during leave of absence without prior Company permission, ( i) not returning to work after indefinite lay-off in accordance with the recall provisions, in

article 12. Notice shall be deemed to have been effective 5 working days following the mailing of a registered letter.

(g) six (6) consecutive months have elapsed from the day of lay-off for an employee with less than two (2) years of seniority or twelve (12) consecutive months have elapsed from day oflay-offfor an employee with more than 2 years of seniority.

9.04 The Company may withhold an amount of equal value to unreturned Company property from their final pay cheque, until all of the property is returned. This includes, but is not limited to keys, tools, pagers, cameras, computers, credit cards, and radios. The Company will notif'y employees of the value of the property in their possession.

9.05 Employees promoted to supervisory positions will lose their seniority after one hundred twenty (120) calendar days. Should he/she return to the bargaining unit within the (120) calendar days, he/she must return to a permanent vacant position.

9.06 Seniority lists will be maintained by the Company and a copy supplied to the Union and posted on bulletin board(s) on the first working day after January 1st and July 1st of each year, or as reasonably requested by the Union.

ARTICLE TEN- JOB POSTING

10.01 Requirement to Post (a) When a new job classification in the bargaining unit is added or additional employees

are required in any job classification above entry level, the Company will post a notice of the vacancy for a period of seven (7) working days on bulletin boards.

(b) A maximum of two subsequent vacancies created by the placing of a successful applicant pursuant to Article 10.01 (a) will be posted for a period of three working days provided the vacancy is above entry level.

(c) The Company may temporarily fill a vacant position at its discretion during the posting period in order to maintain operational efficiency.

(d) Any job which is going to be temporarily vacant for more than sixty (60) days, when known, will be posted immediately, per Article 10.01 (a)

(e) If a posting is not filled pursuant to Article IO.Ol(a), 10.01(b) or 10.01 (d), the Company reserves the right to hire.


10.02 Job Posting Information (a) Job posting notices will include, but will not be limited to, the department, the nature of

the job, the qualifications required, and processor level. (b) In addition to the provisions of Article 10.02 (a), temporary job postings will also

include a statement that the position is temporary; will specify an approximate duration; and, will indicate that the posted assignment will continue until the return of the incumbent employee.

(c) Should the qualifications for any position which is currently part of the collective agreement be changed by the Company, the Company will notify the Union prior to the job posting.

(d) Backups to include a maximum that each employee can hold (2)

10.03 Eligibility to Apply (a) An employee who wishes to be considered for the position so posted shall signify a

desire by making formal application on the forms supplied by the Company in accordance with the provisions of the posting.

(b) Employees who have not been hired or posted to their current position within the last twelve (12) months, will be eligible to make application for any vacant position.

(c) At the sole discretion of the Company, employees may apply for equal or lower classifications where they may not be permitted to do so under the other provisions of this article.

10.04 Awarding Job Postings (a) When filling any posted vacancy under this article, the Company will consider seniority,

training, skill and ability of the individual to perfonn the normal required work and where these are, in the opinion of the Company, relatively equal, seniority shall govern.

(b) Where training is offered, those opportunities will be posted and offered based on seniority, skill and ability.

(c) The Company will post specialized training opportunities bargaining unit wide. Employees who wish to attend the training on their own time shall be permitted to do so. This training may include, but not be limited to, forklift operation, first aid training, and confined space training. The Employer will endeavour to accommodate scheduling needs for employees who wish to attend the training on their own time. Such requests will not be unreasonably denied.

(d) The candidates who have posted for and received training under this article will have this training recognized in any job postings.

(e) The Company will make every effort to place the successful applicant in the new job as soon as reasonably possible. If the employer is unable to place the successful applicant in the new position within 30 days of the job posting closing date, the employee will begin receiving pay at the higher rate.

10.05 Trial Period (a) The successful applicant must remain in the position for a minimum of five (5) working

days.


(b) Should the successful applicant for such vacancy be unsatisfactory, he shall be returned to his former job within thirty (30) working days with reasons given in writing from his supervisor and the vacancy will be filled per Article 1 0.01.

(c) Should the successful applicant wish to transfer back to his former position, he must notify the Company in writing within thirty (30) working days of starting in his new position. The vacancy will be filled per Article 10.0 1.

10.06 Rate of Pay- All postings will result in the successful applicant going to the training rate of the posted job, and will move to the top rate of the job when the employee can satisfactorily perform the work required, or upon completing thirty (30) working days in their new position, whichever occurs first.

10.07 Union Notification - The Union will be provided with a list of all applicants for job postings. The name(s) of the successful applicant(s) will be posted by the Company. The Company will advise employees if requested of their status on all job postings to which they have applied.

10.08 Fifteen Year Transfers (a) The Company will recognize employees who have fifteen (15) years or greater seniority

and who have fulfilled the minimum time requirements in their existing position, to request a transfer in writing. The request must include the reason for the request, the targeted Department, and the targeted shift. This application will be considered if a General Labour vacancy or a position that does not require a posting arises, per Article 10.01, in their targeted department. This application will be considered along with any other formal applications from employees that bid on postings in their targeted area. If the employee is not selected for a trial of the new position, their application will be active and will be considered again at the next opportunity.

(b) When more than one employee submits a written transfer request for the same Department and shift, and if an opportunity becomes available in that Department and shift, the applications will be considered in the order that they were received at Human Resources. If more than one application is received at the same time, they will be considered in order of seniority.

(c) This transfer may be to another department or position, regardless of classification and the request may be granted based on seniority, skill and ability at the first available opportunity.

(d) Should the employee be awarded the transfer, they must remain in the position for a minimum of fifteen (15) working days as a trial. Should they wish to transfer back to their former position, they must notify the Company of this request, in writing, within thirty (30) working days of starting in this new position.

(e) Should the employee be deemed unsatisfactory for the position, they will be returned to their former job within thirty (30) working days.

(f) Employees who successfully complete their tria~ will be required to remain in this position for two (2) years from initial date of transfer.


10.09 Maintenance Helper Crew

The Employer will have the right to post for a regular weekend/non-production "Maintenance Helper" crew. This crew will be selected from the existing bargaining unit and will be provided as hours in addition to their regular weekly shifts. Where such work qualifies as overtime, it shall be distributed and paid in accordance with Article 23. Such work will be paid the greater of their regular hourly rate or a Semi-Skilled rate. The employer will have the right to determine the number of people required for such a crew and will assign work to the crew in order of seniority as required. The posting will be filled in accordance with the job posting process outlined in Article 10.

10.10 Service Technician

The parties agree that a new position of "Service Technician" will be posted. Such positions will not be expected to direct the work of other bargaining unit employees and shall not be involved in the hiring, discipline, effective recommendation leading to discipline or other responsibilities of management. The Service Technician position will be part of the Skilled 2 classification. It is understood that skill, ability and relevant experience will be the primary consideration. Where skill, ability and relevant experience are equal, seniority will be the deciding factor.

10.11 Training

(a) Where an employee is assigned by management to provide training to an employee for more than four ( 4) consecutive hours, they will be provided with a training premium of $0.35 per hour. It is understood that management will have the discretion to detennine who will be assigned training work. The training employee will not be responsible for decisions or effective recommendation for decisions related to the performance or evaluation of employees who have completed the probationary period.

(b) "Train the Trainer"- The Employer agrees to pay a premium of seventy cents ($0.70) per hour to all employees for all hours worked performing training, testing or preparation for training (eg., forklift, pallet truck, aerial lift etc). The training employee will be responsible for decisions related to the performance or evaluation of employees who have completed the probationary period.

ARTICLE ELEVEN- TRANSFER

11.01 (a)

(b)

The Company has the exclusive right to temporarily transfer employees within various job classifications and the right to direct the work function of all employees. Temporary transfers shall be transfers for sixty ( 60) working days or less. When it is necessary to transfer employees as outlined in ll.Ol(a) for four (4) hours or more, the work will be offered first to the most senior, qualified employee(s) in order of seniority, however, if no senior employee accepts the transfer, then the junior qualified employee( s) will be transferred.


11.02 If the rate of pay for the job to which the employee is temporarily transferred is less than the employee's regular rate of pay for the job from which the employee has been transferred from, the employee shall receive his regular rate of pay during such temporary transfer.

11.03 If the rate of pay for the job to which he is transferred is higher than the employee's regular rate of pay for the job from which he has been transferred, the employee shall receive the training rate of pay until such time the employee can satisfactorily perform the work required, or 45 days, at which time he shall receive the higher rate of pay for the job to which he has been transferred.

ARTICLE TWELVE- LAYOFF AND RECALL

12.01 Layoff

(a) In the event a layoff is necessary, the Employer and the union agree to work jointly to minimize any adverse effects of any layoff to employees, and maximize creative approaches that meet the interests ofboth the Employer and the employees.

(b) A layoff for this purpose of the Article shall be defined as no available hours, for affected full-time employees for more than one shift.

(c) During work shortages of one shift or less the company will make every effort to provide impacted employees with available alternate work, providing they have the skill and ability to perform the work.

(d) In the event of a layoff of more than one shift, the most junior full-time employees in the department will be laid off first provided the remaining employees have the skill and ability to perform the remaining work.

(e) No new employee shall be hired until those laid off have been given the opportunity to recall.

(f) Employees who have received notice of at least a one full-day layoff; up to a maximum of a three (3) full consecutive day layoff; will have the option of requesting a vacation day(s), and vacation pay, at the time of the notice of layoff. Requests for vacation in lieu oflayoffwill not be considered after the layoff day has occurred.

(g) If an employee is laid off; he or she will have the option of accepting the lay-off prior to exercising their seniority rights as follows:

1. A full time employee laid off work in his or her department, shall bump the most junior full time employee on the shift, provided the laid off employee has the qualifications, skills and ability to do the work. If the junior employee on the shift is displaced, they will bump the junior employee in the plant.

n. Employees on layoff will be recalled in order of seniority provided they have the qualifications, skill and ability to do the available work. Notice of recall will be delivered


verbally, by telephone, or, if unable to make contact with the employee, by registered mail or courier to the last recorded address of the employee.

12.02 Benefits

In the event of a layoffofan employee who participates in the benefit plan, the Employer shall pay its share of the insurance benefit premiums up to three (3) months from the end of the month in which the layoff occurs, or, until the laid off employee is employed elsewhere, whichever is first. All benefits excluding Short Term Disability as per our Insurance Underwriting.

12.03 Recall

(a) If the job previously held by the laid-off employee becomes vacant within six (6) months following the date oflay-off, the laid-off employee shall have the first opportunity to be recalled into that position.

(b) A laid-off employee shall retain plant recall rights, unless waived, for up to 12 months. The Local Union President shall be notified and given a list of the names of any employees slated for lay-offs and expected duration.

(c) In the event of any layoff, the Local Union President, Vice-President and Chief Steward shall be the last persons laid off and the first persons recalled, provided they have the skill and ability to perform the available work. In the event of a lay-off, duly elected or appointed stewards will be the last persons laid off in their department and the first persons recalled to their department, provided they have the skill and ability to perform the required work.

12.04 Training

It is understood that transition to the new Layoff and Recall language requires that the company make a good-faith effort to ensure that employees within the same department and classification have an opportunity to be trained on all required work within that classification. The company commits to the establishment of a job training committee which will develop a plan for ensuring that the company delivers on its commitments. This committee will include the Union President or designate. It will be the objective of the committee to develop a plan for job training within 60 days following the ratification of the collective agreement and for that plan to be completed (or be reasonably near to the completion with identified time-lines) within 6 months following ratification of the new collective agreement.

It is understood that one possible outcome of the committee could be the creation of new jobs or the upward reclassification of existing jobs.


ARTICLE THIRTEEN- HEALTH AND SAFETY

13.01 The Company will make reasonable provisions in accordance with the Health and Safety Act for the safety and health of its employees during working hours. Safety shall be the joint responsibility of the Company, Union and employees.

13.02 A Joint Health and Safety Committee (JHSC) will be established, comprised of up to ten (1 0) representatives appointed by the Company and up to ten (1 0) representatives appointed by the Union. The Union will appoint a Co-Chair to represent the unionized members.

13.03 The Joint Health and Safety Committee (JHSC) shall meet monthly and shall be co-chaired and all unsafe or hazardous or dangerous conditions and incidents shall be taken upon and dealt with at such meetings. The minutes of all Joint Health and Safety Committee (JHSC) meetings shall be kept and posted. The Union will endeavour to ensure that reps are evenly dispersed across departments. All Joint Health and Safety Committee members will be made available to attend the monthly meetings. If the committee agrees that a Joint Health and Safety Committee (JHSC) meeting is not necessary that month, a meeting can be cancelled for that month only, but meetings must be held at least quarterly. The Union pre-meetings will still be held monthly.

Based on a demonstrated need, the Employer will schedule an appropriate amount of time off for the-Certified Worker Representative/Co-chair to perform his/her duties related to the Joint Health and Safety Committee.

13.04 The Joint Health and Safety Committee shall be notified in writing of each lost time accident or injury. The Joint Health and Safety Committee shall investigate and report its findings to the Company and the Union, with the intent being to prevent future accidents.

13.05 An employee who is injured during working hours and is required to leave for treatment of such injury, shall receive payment for the remainder of the shift at their hourly rate of pay on the day of the injury, unless the doctor states the employee is fit for further work on that shift.

13.06 The Company shall provide transportation to and from the place of treatment or hospital in accordance with the WSIA.

13.07 The Company and the Union agree a Committee designed to address ergonomic issues within the plant will be formed within 90 days of ratification. This Committee will be comprised of the Local President (or designate), both Co-Chairs of the JHSC and the Plant Manager (or designate)

ARTICLE FOURTEEN- HUMAN RIGHTS

14.01 (a) The Employer agrees that there will be no discrimination, intimidation, interference,

restraint or coercion exercised or practiced by the Employer, or any of its representatives, with respect to any employee because of their membership in, or connection with, the Union.


(b) The Union and the Employer agree that management and employees will abide by the Ontario Human Rights Code and further agree that all individuals in the workplace should be treated with respect and shall not be subject to harassment or workplace bullying of any type by an individual or group of individuals. Harassment for purposes of this agreement shall mean "engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome." Subject to the outcome of the investigation under the Company's harassment policy, alleged violations of this provision are subject to the grievance procedure.

14.02 Complaints of alleged harassment or discrimination against any member of the Union will be handled with all possible confidentiality by a joint Committee consisting of the Union President or designate and Human Resources.

ARTICLE FIFTEEN- BULLETIN BOARD(S)

15.01 The Company will provide bulletin board(s) in a mutually satisfactory location on the premises of the Company for the convenience of the Union for posting notice of Union activity. All such notices or other literature must be signed by the proper officers of the Union prior to their being posted or distributed.

ARTICLE SIXTEEN- LEAVES

16.01 Employees who have at least two years seniority may be granted a personal leave of absence without pay for good and sufficient reasons. Each request will be handled by the Company on an individual basis depending upon the circumstances for the request and the production requirements of the Company. Leave of absence will not be granted for the purpose of allowing an employee to take another position temporarily, or to try out new work, or venture into business for himself The Company must be given written notice, on the prescribed fonn, of such a request. A leave of absence is not to exceed three (3) calendar months for any reason. Extenuating circumstances will be dealt with at the sole discretion of the Company.

16.02

When an employee returns to work following a leave of absence, he will either be placed on his previous job or, if redundant, alternate work of a comparable nature if available.

Such approval will not be unreasonably denied and subject only to operational requirements

(a) The Company will grant a Pregnancy and/or Parental Leave without pay in accordance with the provisions of the Employment Standards Act.

(b) The Company will grant a Family Medical Leave without pay in accordance with the provisions of the Employment Standards Act.

(c) The Company will grant an Emergency Leave without pay in accordance with the provisions of the Employment Standards Act.


16.03 Benefits on Leave

During any approved leave of absence, the Company shall continue to make payments on behalf of the Employee for all applicable group benefit plans for a maximum period of ninety (90) calendar days. The employee will be obligated to reimburse the Company for the premium costs ofbenefits after the first ninety (90) days. The employee must provide monthly post-dated cheques, for the amount equivalent to the monthly benefit premium owed by the employee, to the Company prior to his/her leave commencing.

16.04 For all absences due to illness or injury for five (5) or more consecutive working days, a medical certificate setting forth the prognosis must be provided by the employee within twenty-four (24) hours of that five (5) day period (i.e. on the 6th day). The employer may request a medical certificate for absences of less than five (5) days, if there is some question as to the validity of the absence. Failure to provide such a medical certificate may, at the Company's sole discretion, result in disciplinary action.

16.05 The Company shall pay 100% of all medical documentation required by the Company relative to function ability evaluations (specifically set up by the Company), independent medical examinations and specific detailed medical reports requested by the Company. All other notes related to absence will be at the employee's expense.

16.06 Union Leave (a) The Employer shall grant leaves of absence to employees to attend Union

conventions, seminars, education classes or other Union business. The Union agrees that such leave will not unduly affect the proper operations of the Employer and in any event no more than three (3) employees will be on leave at any given time. The Employer may authorize leaves of absences to more than three (3) employees at any given time subject to operational requirements.

(b) In requesting such leave of absence, the Union will give fourteen (14) days clear written notice and the written reply will be given within seven (7) days. Seniority and service shall accumulate during such leave to a maximum provided, if any, under the provisions of the Collective Agreement.

(c) Upon application by the Union, in writing, the Employer will give reasonable consideration to a request for leave of absence, without pay, to an employee elected or appointed to a full-time Union position as an Officer or Representative or to the staff of the Canadian National Federation oflndependent Unions. It is understood that not more than two (2) employees in the bargaining unit may be on such leave at the same time. Seniority shall be frozen and retained as of the date that the leave commenced.

(d) Should the Union leave exceed six (6) months, the parties agree to enter into a letter of understanding concerning the conditions of employment and leave of absence.

(e) When an employee is on Union leave as set out in this Article, the Employer agrees to continue to pay the employee for regularly scheduled time and bill the Union for appropriate wages and benefits. However, if the Union wishes to pay the employee directly, the Union will advise the Employer of their intention.


(f) The Union agrees that such leave will not unduly affect the proper operations of the Employer and in any event no more than six ( 6) employees will be on leave at any given time.

ARTICLE SEVENTEEN- VACATIONS

17.01 As of January 1st in each year, employees are entitled to the following:

(a) one (I) complete year but less than five (5) complete years of continuous service with the Company shall receive two (2) weeks vacation with pay equal to four (4) percent of their total wages for the previous year

(b) five (5) complete years but less than ten (10) complete years of continuous service with the Company shall receive three (3) weeks vacation per year with pay equal to six (6) percent of the amount of the employee's total wages in the previous year

(c) ten (I 0) complete years but less than twenty (20) complete years of continuous service with the Company shall receive four ( 4) weeks vacation per year with pay equal to eight (8) percent of the amount of the employee's total wages in the previous year

(d) more than eighteen (18) years of continuous service, but less than twenty-five (25}, with the Company shall receive five ( 5) weeks vacation per year with pay equal to ten (1 0) percent of the amount of the employee's total wages in the previous year.

(e) Employees with seniority date prior to March 31, 2012, with more than twenty-five (25) years of continuous service, with the Company shall receive six (6) weeks vacation per year with pay equal to twelve (12) percent of the amount of the employee's total wages in the previous year.

17.02 The term total wages does not include the previous year's vacation pay.

17.03 When scheduling vacation time as set out in Article 17.01, the following will apply:

(a) The calendar year, January through December, will be used as the scheduling year; (b) Employees will not be allowed to take vacation that is not yet earned; (c) Employees must take at least one whole week of vacation armually, as well as sufficient

unscheduled work days to at least equal a total of two weeks per year; (d) Employees will be allowed to a maximum of two (2) weeks vacation to be taken during

the period June 1 through August 31, except in circumstances where an open period is available;

(e) In the calendar year in which the entitlement increases, the employee may request the scheduling of the additional week at any time during the calendar year;

(f) Only vacation pay earned may be used when taking vacation, and vacation pay being accrued for the following year may not be used;

(g) Vacation requests for January and February of the following year may be booked on seniority basis starting October 1''- 31'' of the current year. The Company will post the vacation schedule by December 1" each year for vacation the following year. Employees must register their preference by January 1 ''. They may book all of their vacation if they wish, with a maximum of two (2) weeks being scheduled between June 1" and August 31 ". Any vacation entitlement over the two


weeks will be handled in rotation, by seniority, once the initial2 week round is completed. The Company will communicate any conflicts to the employee, to provide them time to select available date Should an employee who has approved vacation leave the department for any reason before taking their approved vacation, their vacation period will be considered "open" and employees who have unscheduled vacation time available can submit requests, on a first come basis, provided it does not exceed a maximum of3 weeks of vacation during the period of June 1st and August 31 ''. Should an employee transfer from one department to another prior to taking their approved vacation, the Company will recoguize the approved vacation within the new department and the employee will be entitled to vacation during the previously approved time period.

(h) Employees will be paid their vacation pay at the time of taking their vacation. It is the responsibility of the employee to request their vacation pay, in writing and on the prescribed form to be provided to their supervisor at least seven (7) days prior to the start of their vacation. This form must be received by Payroll at least seven (7) days prior to the scheduled vacation. Upon proper notice within the prescribed timelines, the Company will provide each employee with his vacation pay on the pay day immediately preceding his vacation. If proper notice is not provided, the vacation pay will not be paid until the first pay following the vacation period.

Any unused vacation pay accrual must be paid out on the first pay following December 31" of each year. No carryover will be allowed.

17.04 An employee, who terminates his employment, for whatever reason, shall be paid his vacation pay in accordance with Employment Standards Act.

17.05 On the death of an employee, the vacation pay shall be paid to an employee's estate in accordance with all applicable laws and statutes.

17.06 Vacation time shall not be accumulated from year to year.

17.07 The Company will identify employees who are on vacation and who would return to work on the Monday following vacation and whose normal shift start time would be changed or whose shift for that Monday would be cancelled resulting in no work for the day. The Company will contact by telephone each employee on the list before 8 p.m. on the Sunday preceding the Monday shift at hand. The telephone number will be the number on file as provided by the employee. The number will be called and, if there is no answer, a message will be left on an answering machine (if available). The employees recognize their obligation to keep the Company informed in writing of a current telephone number, and the Company will make its best effort to reach the employee.

Without prejudice, Pending Final Sign·off Page24

ARTICLE EIGHTEEN STATUTORY HOLIDAYS

18.01 The following shall be recognized as holidays to be paid a day's normal earnings at straight time regular rate:

NewYear'sDay Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

Providing the following conditions have been met:

(a) He is on the active payroll of the Company and not on leave of absence, sick leave, Workers Compensation or lay-off

(b) In the case of an employee who has been employed less than twenty (20) working days, the amount to be paid will be calculated in accordance with the Employment Standards Act.

(c) Has worked the last full scheduled shift before and the first full scheduled shift after such holiday and works on such holiday he is scheduled to work, unless excused by the Company and is not late by more than thirty (30) minutes with call-in prior to shift start or six ( 6) minutes without calling in prior to shift start, without just cause.

In the event that a lay-off commenced on the day immediately following a paid holiday, an employee, who otherwise qualified for holiday pay, shall not be disentitled thereto solely because of the day on which the layoff commenced.

Should the statutory holiday fall on a non-working day the employer will consult with the Union prior to scheduling the holiday.

If any of the above holidays fall or are observed during an employee's vacation, he shall be entitled to an extra day's pay at straight time regular rate or an additional day off with pay at straight time regular rate, at a time mutually agreed upon by the employee and the Company, subject to the provisions of the Employment Standards Act.

The employer will advise the Union and employees at least sixty (60) days prior to the statutory holiday.

Beginning January 1, 2013, employees will be entitled to one (1) floating holiday per calendar year. The floating holiday must be taken at a time mutually agreed upon between the employee and the company based on the needs of the business. It is understood that


floating holidays will not be granted during the festive periods. Floating holidays cannot be carried over and will not be paid out if not taken.

Beginning April!, 2016, employees will be entitled to one (1) additional floating holiday per calendar year. The floating holiday must be taken at a time mutually agreed upon between the employee and the company based on the needs of the business. It is understood that floating holidays will not be granted during the festive periods. Floating holidays cannot be carried over and will not be paid out if not taken. Should Remembrance Day be designated as a statutory holiday, it is understood that a float holiday should be allocated to the newly designated statutory holiday.

The Company reserves the right, prior to January 1 of each year, to fix the floating holidays to a specific day for all plant employees.

18.02 Employees who are required to work on any of the above holidays will receive another working day as substitute for the holiday, at a time mutually agreed upon by the Company and the employee, subject to the provisions of the Employment Standards Act. Substitute Holidays shall be taken off on a mutually agreeable day in accordance with the Employment Standards Act.

ARTICLE NINETEEN- JURY DUTY

19.01 An employee who is selected for service as a juror or as a crown witness will be compensated for loss of pay from his regularly scheduled shift due to such service. Such compensation will be based on his regular scheduled hours at his regular straight time hourly rate less the fee received for his services as a juror. However, should the employee present himself for selection as a juror and not be selected then he is required to retum to the premises to complete his remaining normally scheduled work day.

19.02 In order for an employee to qualify for payment under this Article, he must:

(a) inform his supervisor within twenty-four hours of his selection as a juror or being subpoenaed as a crown witness

(b) when released from service as a juror and four hours or more remain in the employee's regularly scheduled hours, he must return to work to complete his remaining normally scheduled work day

(c) provide an official document to the Company indicating the date ofhis service as a juror or crown witness and the fee received for his services as juror, and

(d) have completed his probationary period.

ARTICLE TWENTY- BEREAVEMENT

20.01 The Company shall pay an employee up to three (3) days' pay at the employee's straight time hourly rate for all scheduled regular time lost in the event of the death of the employee's spouse (legal or common-law), father, mother, step-mother, step-father, legal guardian, child, stepchild, brother or sister, father-in-law, mother-in-law, grandchild.


For the purposes of this article only connnon-law relationships will be defined according to the parameters provided by the Company's group benefit carrier for purposes of dependant eligibility (currently six (6) months of cohabitation). A member of the Human Resources Department may request proof of connnon-law status.

The Company shall pay one (1) day's pay at the employee's straight time hourly rate for all regular time lost in the event of the death of the employee's grandparent or sister-in-law, brother-in-law, step-sister or step-brother.

The Company recognizes current connnon-law relationships only. All previous relationships (legal or otherwise) are not recognized.

When an employee experiences a miscarriage or his spouse experiences a miscarriage, one (1) day of bereavement leave will be granted.

20.02 Employees must be on the current payroll and have completed their probationary period. An employee will not be eligible to receive payment under this Agreement for any period for which he is receiving other benefits in the form of specified holiday pay, sick benefits, or loss of earnings reimbursement from the Workplace Safety and Insurance Board.

If an employee is on a scheduled vacation and becomes entitled to bereavement leave, the Company will credit the employee with up to three (3) vacation days in keeping with Article 20.01 to be used at a future mutually agreed upon date. The said employee must provide documentation satisfactory to the Company in order to receive the up to three (3) days in keeping with Article 20.0 1.

20.03 Additional leave without pay may be granted, at the sole discretion of the company, and will be considered to be bereavement leave without pay.

ARTICLE TWENTY-ONE- REPORTING PAY AND CALL-IN ALLOWANCE

21.01 Unless employees are notified not to report for work, employees who report for work at their regular starting time and for whom no work is available, will be offered at least four (4) hours employment at other work at his regular hourly rate of pay or at the election of the Company he will be paid a minimum of four (4) hours pay at this regular hourly rate. The provisions of this paragraph shall not apply in the event of strikes, power, water or air failure or any other conditions beyond the control of the Company which prevent the Company from providing work, or where the Company is unable to advise the employee or leave a message not to report for work because the employee has not provided his current address and telephone number in writing and on the prescribed form to the Company.

21.02 An employee who is called in and reports for work outside his regularly scheduled hours of work will be paid at time and one half for all hours worked outside of their regularly scheduled hours of work or three (3) hours pay at his straight time hourly rate, whichever is greater. This

Without prejudice, Pending Final Sign-off PaQe27

clause shall not apply to an employee who is called in early to perform work which continues into his regularly scheduled starting time.

ARTICLE TWENTY-TWO- GROUP BENEFITS

22.01 Unless otherwise stated in this Agreement, when a seniority employee is absent from work for any reason, for a period in excess of six ( 6) continuous months, the Company will cease its contnbutions for group benefit plan coverage for the absent employee, and the employee's benefit coverage will cease. The group benefit coverage shall be as more particularly described and set forth in the respective plan documents and policies of insurance. Group benefits plan coverage will not be provided to those employees who are on strike.

22.02

The Company will allow an employee who is off work for greater than six (6) month to request benefit continuation at the employees expense (to include the employer's portion of the premium). This benefit may continue for a maximum of an additional six months. The employee requesting this benefit in writing, will be required to provide the Company with a money order or certified cheque for the premium amount prior to this benefit being granted.

Effective April 1, 2015, The Company will provide health and dental benefits only, for employees who reach the age of65 through til the age of70, while actively employed.

(a) Any dispute over payment of benefits under such plans or policies shall be adjusted between the employee and the insurer concerned. The Company will use its best efforts to adjust and settle any such disputes.

(b) Upon completion of six (6) full months of continuous employment, new hires will be eligible for Life Insurance, AD&D, Out-of-Province Medical Coverage, Extended Health, Drug Benefit, and the Employee Assistance Program. New hires will be eligible for Dental, Vision Care and Weekly Indemnity after completion of one (1) year of active employment

Life Insurance $50,000 with Accidental Death and Dismemberment.

Weekly Indemnity Company pays 50% of monthly premium. 60% of average weekly earnings for a maximum period of17 weeks. Earnings to be taxed at source.

Private Hospitalization Major Medical 100% reimbursement of prescribed drugs and other expenses.

Vision Care $250 maximum reimbursement every 24 calendar months for prescription glasses (frames and lenses) per family member


$95 maximum reimbursement every 24 calendar months for eye examinations, per family member

On a once only basis, the vision care reimbursement of$200 can be applied to laser eye surgery upon submitting a receipt for the laser surgery. The employee and/or their dependant family member(s) must be eligible for the $200 vision care reimbursement in order to qualify for this benefit.

When the Company deems that an employee is required to wear safety eye protection, and the only safe option is prescription safety glasses, the Company agrees to provide one pair of prescription safety glasses (frames and lenses only) to that employee, and will replace them if damaged during the course of their employment. Eligible employees must request the applicable paperwork from the Human Resources Department, before ordering their glasses.

Dental Plan 100% reimbursement based on O.D.A. fee schedule of one year behind current calendar year.

Major Restorative- 50% reimbursement, maximum $2,000 per family

Orthodontics- 50% reimbursement, maximum $3,000 lifetime, per child under age 16

Dentures- maximum of$ I, 750 reimbursement every three years

Employee Pension Plan

Effective April 1, 2015, the Company will contribute $0.76 to a Group Retirement Savings Plan or Pension Plan for all hours paid to eligible employees.

Effective April 1, 2016 the company will contribute $0.80 cents per hour. Effective April 1, 2017, the company will contribute $0.83 cents per hour.

Employees who are entitled to three (3) weeks vacation or greater, will continue to receive the RSP contribution based on a forty ( 40) hour work week for each week they are off on vacation, after they have used two full weeks of their vacation entitlement.

(a) Employees are eligible to join with two (2) years active employment. Effective April 1, 2010, employees with one full year of continuous employment will be eligible to participate in the employee pension plan.

(b) Plan will be fully vested in employee at all times

The Company reserves the right to select and change carriers.

Employee Assistance Program The Employer will provide a confidential Employee Assistance Plan available to all employees and their dependents.


Enrolment Documentation Employees are required to complete all enrolment documentation upon notification of eligibility by the Company. Failure to do so will result in delayed benefits coverage and delayed contnbutions to the savings/pension plan. Benefit claims will not be processed retroactively. Savings plan contributions will not be made retroactively. The Employer will give all eligible employees sufficient notification of their requirement to complete enrolment documentation and will further notifY employees when their benefit coverage and savings/pension contributions will be delayed.

ARTICLE TWENTY-THREE- HOURS OF WORK, REST PERIODS AND OVERTIME

23.01 The normal work week is Monday to Friday. Starting and quitting times with breaks will be determined by production demands and will be set by the Company. Should the employer implement significant changes, such changes will be reviewed with the Union.

(a) In the event that the company wishes make significant changes to schedules of production employees outside the confines of the above language, in order to better meet the demands of the business, the company will first meet with the union to review the company's plans and explain the reasons for the change. Following such consultation, if such changes are to be put in place, the company will provide affected employees with at least sixty (60) days' notice of the change, and will use the principle of seniority ("offer by seniority, assign in reverse seniority'') in order to fill the new shifts.

(b) For employees of the maintenance department, the normal work week will consist of forty ( 40) hours per week, Sunday through Saturday. The employer will maintain a regular schedule of work for each maintenance employee with at least two (2) consecutive days off per week. Daily schedules may be eight (8), ten (10) or twelve (12) hours per day. Changes to existing shift schedules will be posted and filled in accordance with Article 10. Such shifts shall become static.

a. Subject to the specific terms set out in the Letter of Understanding #9- Maintenance, an Annual Schedule will be posted in October each calendar year and will be effective from November through to the following October. The awarding of the schedule will be based on the same criteria set out in Job Posting, Article 10.04. Once awarded, the employees will remain in that shift until the next bidding (open period).

(c) For production employees hired after date of ratification, April18, 2012, the normal work week shall consist of forty( 40) hours per week, Sunday through Saturday, with normal daily schedules of between 8 and 10 hours per day, and shall not be construed as a guarantee of hours of work per day or week, nor a guarantee of a working schedule. The normal work week shall be scheduled as five (5) working days and two (2) consecutive non-working days between Sunday and Saturday of a given week. For such employees, the Employer agrees that the sixth (6th) and seventh (7th) shift worked in any regular work week shall be paid overtime per Schedule A - Overtime Provisions.'

Without prejudice, Pending Final Sign-off Page 3D

23.02 The Company does not guarantee to provide work for an employee for any specified number of hours on either a daily or weekly basis, except as set out elsewhere in this Agreement.

23.03 The company and the union recognize that, from time to time, employees may be required to work overtime. Where overtime is required, the employer will first seek volunteers within the department, followed by qualified volunteers outside the department. If no qualified volunteers are available the employer will assign the work to qualified employees within the department in reverse order of seniority. It is understood that mandatory overtime shall not exceed 8 hours per work week (including Saturdays) and will not include overtime work to be performed on a Sunday. Where the mandatory overtime is to be less than one (I) hour following the end of shift, the company will have the right to assign the work to the employees currently performing the work.

The company will make every reasonable effort to provide as much notice as possible of mandatory overtime. In any event, mandatory Saturday work will only be scheduled with twenty-four (24) hours of noticed. Except for situations oflive bird issues, at least four hours of notice will be provided for weekday overtime of more than one (I) hour

23.04 It is agreed there shall be no pyramiding of overtime provisions.

23.05 (a)

(b)

(c)

(d)

(e)

(f)

Employees will receive one (I) paid twelve and one half(l2 Yz) minute rest period (as time of leaving work station to starting to work again) during each half shift and one (I) unpaid thirty (30) minute lunch period for each eight (8) hour shift. The second paid twelve and one half (12 Yz) minute rest period shall be granted after completion of seven (7) hours of work (excluding the half hour unpaid lunch period). This would apply to all employees regardless of the start time. A paid twelve and one half (12 Yz) minute rest period shall be granted prior to commencing overtime, providing the overtime shall be of two (2) hours duration or more. Employees working a full scheduled twelve (12) hours shift will receive two (2) paid thirty minute rest periods. The Company reserves the right to set break schedules depending on the needs of the operation, but will make best efforts to maintain a balanced schedule ofbreaks within each shift. Upon mutual agreement between affected employees, the Company, and the Union this Article may be altered as needed. The company will not force employees to use their rest period in the first ninety (90) minutes of a scheduled shift, nor in the first ninety (90) minutes following the scheduled meal period.

23.06 The Company and the Union agree that for the purposes of applying the afternoon and night shift premium to eligible employees, the following parameters will apply:

Hours between 7:00a.m. and 3:00p.m. are considered day shift Hours between 3:00p.m. and II :00 p.m. are considered afternoon shift


Hours between 11 :00 p.m. and 7:00 a.m. are considered night shift

When a shift premium is payable, it will be applied to all hours worked on that day.

Shift premiums will be paid at 100% for all hours worked, including overtime hours.

• If all of an employee's hours worked are within the afternoon shift or the night shift, they will be paid the afternoon or night shift premium.

• If an employee's hours worked span across more than one shift, shift premium will be based on working a minimum of five (5) hours in a premium based shift. For example, if the employee works an eight (8) hour shift and three (3) of the hours are within the day shift, and five (5) of the hours are within the afternoon shift, they will receive the afternoon shift premium for all hours worked. If an employee works an eight (8) hour shift and four (4) of the hours are within the day shift, and four (4) of the hours are within the afternoon shift, they will not receive a premium as all hours worked will be considered a day shift.

ARTICLE TWENTY-FOUR- OTHER BENEFITS

24.01 Footwear Allowance is as follows: Where the Company requires approved safety or specialty footwear to be worn as a condition of employment, the employee is required to purchase and maintain this footwear, and to replace the footwear as required to meet safety standards. An employee will not be permitted to work if the proper approved and maintained footwear is not worn, and will not be paid for any loss of income as a result of not having appropriate and maintained footwear as required.

The Company will provide an annual allowance to assist with this expense as detailed in this article. This allowance will be paid on the first pay date following May 1st of each calendar year.

Employees must have completed their probationary period prior to the date of payout in order to be eligible for this benefit. If the probationary period has not been fulfilled, the employee will not be entitled to any allowance until the next payout date.

(a) Turkey Plant Employees: Effective April!, 2015-$160.00 Effective April!, 2016-$170.00 Effective April!, 2017-$180.00


(b) Sanitation and Transfer Station Employees: Effective April!, 2015-$180.00 Effective April!, 2016-$190.00 Effective April!, 2017- $200.00

(c) Skilled Trades Employees: Effective April!, 2015-$180.00 Effective April!, 2016 - $190.00 Effective April!, 2017-$200.00

(d) Live Haul, Washbay, and Stockroom Employees: Effective April!, 2015-$145.00 Effective April!, 2016-$155.00 Effective April!, 2017-$165.00

Effective April!, 2013, The parties agree that the safety footwear allowance is intended only to provide for appropriate safety footwear for employees. In the event that required footwear is provided at no cost to the employee, such employees will not qualify for a safety shoe allowance. Furthermore, the parties agree that the company reserves the right to provide the safety shoe allowance as an available credit with a designated vendor in lieu of an annual payment.

24.02 Clothing allowance is as follows: (a) Turkey Processing Plant Employees:

i) All shop coats/aprons supplied and laundered ii) Live Receiving employees coveralls supplied and laundered iii) Employees with Evisceration as home department, allowance of $50.00 for

each seniority employee as at, and paid on, first full pay day following May I st annually, Effective April 1, 2013, this will no longer apply for Evisceration Employees.

iv) Company agrees to provide employees in the Fresh Pack Department with one (1) insulated coat, to be issued on a replacement basis (original coat must be returned for exchange)

v) A pair of insulated coveralls will be made available to Q.A. and Sanitation departments for employees who are required to enter the freezers.

vi) Freezer suits will be supplied to the Shipping Departments for those employees who are required to work in the freezers. (Two piece suits, similar to those used by Forklift operators in TVP)

(b) Transfer Station Employees: i) All clothing supplied and laundered

(c) Finished Product Drivers: i) One-half cost of two (2) pants, one (1) jacket and four ( 4) shirts per year


(d) Skilled Trades, AZ Drivers, Semi-Skilled Employees: i) Head gear ii) Sleevelets iii) Gloves iv) Three (3) pairs coveralls v) And other articles deemed necessary to perform the job from time to time. Such

shall remain the property of the Company and shall not be removed from the Company's premises and must be returned for new issue or upon separation of the employee. The above articles not returned when worn out or upon separation will be paid for by the employee. Twice per year the Company agrees to make available special purchase of coveralls (only one to be insulated) to all employees at cost.

24.03 Tool Allowance is as follows: (a) Garage Employees:

i) Apprentice - Reimbursement of a percentage of tradesperson rate per the wage rate armually

ii) Tradesperson- Reimbursement of$550 armually

(b) Electrical Employees: i) Apprentice - Reimbursement of a percentage of tradesperson rate per the wage

rate armually ii) Tradesperson- Reimbursement of$550 armually

(c) Handyperson Employees: i) Reimbursement of$300 armually for tool replacement

(d) Maintenance Employees: i) Apprentice- Reimbursement of percentage oftradesperson rate ii) Tradesperson- Reimbursement of$550 armually

Any other applicable employees will receive tool replacement for any personal tool broken or damaged during the course of their employment.

The Company agrees to provide calamity replacement insurance for employees' personal tools with a $250 deductible.

24.04 Meal Allowance is as follows: (a) Finished Product Drivers:

i) Ifleaving before 5.00 a.m., a breakfast allowance of$5.00 is available. ii) If away from home base for a full eight (8) hour period after 5.00 am., a lunch

allowance of$6.00 is available. iii) If overnight stay is required, a supper allowance of$11.00 is available.


(b) Heavy Equipment Operators: i) If the pick-up location requires an overnight stay away from home, meal

allowance of $5.00 for breakfast, $6.00 for lunch, and $11.00 for supper will be available based on actual meals required.

ii) If the pick-up location requires a work period of I 0 hours or more, a flat meal allowance of$5.00 will be available.

(g) Live Haul Drivers: i) In the event a live haul driver is unable to retum to the work site on a run due

to road closures as the result of inclement weather, the company will reimburse that driver for motel accommodation and will provide a $1 0. 00 meal allowance for each meal upon submission of receipts.

24.05 Annual Medicals for AZ Drivers

The Company will pay $100.00 of the annual cost of AZ Drivers medicals, with receipt.

ARTICLE TWENTY-FIVE Wages and Classifications

SCHEDULE A Thamesford Facility

Processor l - Rates A rill, 2015 A rill, 2016 A rill, 2017 New Hire 17.34 17.74 18.14 End ofProbation 17.54 17.94 18.34 8 Months of Service 17.69 18.09 18.49 12 Months of Service 19.22 19.62 20.02

Notes: a) New employees in Processor I positions will be paid according to the table above. b) New employees in General Labour or above positions will be paid according to the table

above, and will move to the top rate after they complete twelve (12) months of employment.


Job Classifications by Department

General Labour

Pre-cut

Bird Halver

Loader

Shoulder Cut

Keel Cut

Wing Removal

Breast Removal

Wizard/Flank Operators

Scapula Trimmer

Tail Cutter

Thigh Loader

Tendon Puller

Semi Skilled

Leg Process Operator

Re-hang

Skilled 1

Forklift Operator

Skilled 2

General Labour

Re-hang

Monitor

Neck Slitter

Fecal Sucker

Vent


Skinner

Trim

Condensation

Mopping/Bagging

Breast Mare! Trinuner

QAinspect

Thigh/Drum/Wing Mare! Operators

Taper

Drum/Wing Cut Up

Piler/Sealer Operator

Necks/Flanks/Nuggets Out

Necks/Flanks/Nuggets Removal

Runners

Combo Assembler

Vent Pull

J Cut

Draw

Viscera Helper

Heart & Liver

Pack

Neck Gun

Skin Cutter

Barrel Room/Tank Operator

Box Maker

Floor

Thigh Table

Double Wing/Drum Inspect

Drum Deboner and Trinuner

Thigh Trimmer

Thigh Inspect

Scale Operator

Vacuum

Crop Puller

Bird Turner

Salvage

Tail Cutter

Water Viscera Remover Intellimetrics

Condensation Oil Sac Remover Trussing Conveyor

Cecure Feather Picker Floor

Semi Skill

Trimmer

Skilled 1

Pre-Selection Viscera Inspector Cavity Inspector

Accredited Trimmer

Skilled 2

....... rainer·~ lY.M!JE:'A . I . .

General Labour

Mid cut Re-hang Neck Cutter

Loader Condensation Skin Cutter

Shoulder Cut Mopping Final Cut

Keel Cut Breast Mare! Trimmer Leg Processor Exit

Wing Removal Breast Mare! Operator Floor

Breast Removal Thigh/Drum/Wing Mare!

Leg/Wing Saw Operators

Dumper Operator Taper Carlisle Operator

Scapula Trimmer Scale Operator Thigh Table

Breast Saw Piler/Gas Flush Operator Thigh Trimmer

Thigh Loader Necks/Flanks/Nuggets Pack

Thigh Inspect Out

Tray Loader Lidder Box and freeze offline

Tow motor runner Set up and tear down Wing cut

Air Chill Tray Guider

Semi Skilled

Tray line Up OmariO• Bizerba uP~""v' Leg Processor

Skilled 1

Forklift

Skilled 2


General Labour

Tow motor runner

Tank Dumper

Hanger

Heart and Liver Sorter

Box Maker

Box Runner

Setup

Semi Skilled

General Labour

Tank Washer

Tow motor runner

Icer

Skilled 1

General Labour

Custodian

Semi Skilled

Semi Skilled Quality Assurance Technician

Skilled 1


Parcel Inserter Rotomatic Loader

Parcel Maker Floor

Neck Cutter Mopper

Bagger/Grader Condensation Inspector

Scale Operator Piler

Shrink Tunnel Inspector

Air chill remover Condensation

Mopper Salvage/Heart & Liver

Inventory Receiver

Quality Assurance Technician (after train)

I ...... ii~U~[QB~ General Labour

Clerk

Skilled 1

Skilled 1

Live Bird Sticker

Skilled 2

Semi Skilled

Receiver

Skilled 1

General Labour

Grounds Maintenance

Schedule B

ScheduleD

Drivers

Skilled 1

Livehaul

Picker Room Transfer Station

:: .i.

* Live Bird Hanger premium will be paid as $0.20/hour for all hours worked hanging birds

Shift Premiums:

$0.35/hour for afternoon shift $0.45/hour for night shift


Effective the pay period following ratification, all full-time permanent employees in the South Plant who are not permitted to leave the plant during their lunch period, will be entitled to a thirty cents ($0.30) per hour worked premium on their base rate.

In the alternative, if employees are allowed to leave the plant during their lunch period, they will forfeit the premium above.

SCHEDULE A

Effective within three (3) months following the date of ratification, the plant will move to the following job classifications in lieu of the current classification titles:

• New Hire • General Labour • Semi-Skilled • Skilled 1 • Skilled 2

It is understood that all jobs currently in the Processor 1 and Processor 2 classification as of the date of ratification will be combined into the General Labour classification which will be paid as per the current Processor 2 classification. The current list of jobs categorized (eff. date of ratification) as Processor 3, Processor 4 and Processor 5 will become Semi-Skilled, Skilled 1 and Skilled 2 respectively (rename as required throughout the Collective Agreement).

New Hires will be assigned where needed within the GL classification, provided the company continues to follow the job posting procedure for all vacated jobs, as per Article 10.

Upon reaching twelve (12) months of service, the employee will become a General Labourer, provided they have not already successfully posted into a higher-rated vacancy.

SCHEDULE A- OVERTIME PROVISIONS

(a) Turkey Processing Plant Employees: i) Time and one-half an employee's straight time hourly rate for all hours worked in

excess of eight (8) hours per day or on Saturdays. ii) Double an employee's straight time hourly rate for all hours worked on a Sunday.

(b) Transfer Station Employees: i) Time and one-half an employee's straight time hourly rate for all hours worked in

excess of eight and one half(8 Y,) hours per day or on Saturdays. ii) Double an employee's straight time hourly rate for all hours worked on a Sunday.

(c) Finished Product Drivers: i) Time and one-half an employee's straight time hourly rate for all hours worked in

excess of eight and one half (8 Y, ) hours daily or on Saturdays.


ii) Double an employee's straight time hourly rate for all hours worked on a Sunday.

(d) Stockroom, Grounds Maintenance, Washbay, and Heavy Equipment Operators: i) Time and one-half an employee's straight time hourly rate for all hours worked in

excess of eight and one half(8 Y,) hours daily or on Saturdays. ii) Double time for hours worked on Sunday provided it is not part of a scheduled,

normal shift, and that Saturday preceding is worked, if required.

(e) Electrica~ Maintenance/Millwrights, Garage: i) The Employer agrees that the sixth (6th) shift worked in any regular work

week shall be paid overtime - time and one-half an employee's straight time hourly rate for all hours worked in excess of eight (8) hours daily or on the 6'h day of their shift.

ii) Double time for hours worked on their seventh (7th) day provided it is not part of a scheduled, normal shift, and that the sixth (6th) shift preceding is worked, if required.

SCHEDULE B Garage, Service, Maintenance/Millwright, Electrician, Handy Person, and Heavy Equipment

LEVEL RATE CRITERIA April1, April1, April1,

2015 2016 2017

Service, Handy Person & Hire, no

Heavy Equip 23.83 24.33 24.83 certificate

Service, Handy Person & End probation, Heavy Equip

no certificate 25.18 25.68 26.18

Service, Handy Person & Hire, with Heavy Equip

certificate 27.33 27.83 28.33

End probation, Service, Handy Person &

with certificate HeavvEquip 28.63 29.13 29.63 Garage, Hire, no Maintenance/Millwright,

certificate Electrician 23.83 24.33 24.83 Garage, End probation, Maintenance/Millwright,

no certificate Electrician 25.18 25.68 26.18 Garage,

Hire, with Maintenance/Millwright, 27.33 27.83 28.33


Electrician certificate

Garage, End probation, Maintenance/Millwright,

with certificate Electrician 28.63 29.13 29.63

Notes: a. Progression through levels is subject to meeting criteria and job performance

requirements. b. Apprentice employees will be paid the rates of pay as provided in their individual

apprenticeship agreement. c. Employees receiving the certificate rate of pay must maintain valid certification. They

are required to provide a copy of their valid certification to the Human Resources Department at least one week prior to all general wage increases included in this contract, and upon any renewal of their certification. If they do not provide a copy of their valid certification as required, their rate of pay will be adjusted to reflect a ''No Certificate" rate.

Criteria For the purpose of this article, "certificates" will be defined as follows:

a) For employees receiving the certificate rate of pay prior to April!, 2006: certificate which they possess prior to April!, 2006. Validity of certificates will be governed by the applicable governing body.

b) For employees hired after, or who earn certificates after, April!, 2006: certificate established by the Company according to the requirements of the job for which they are performing. Validity of certificates will be governed by the applicable governing body.

Shift Premiums:

Effective April1, 2015 $0.40/hour for afternoon shift $0.50/hour for night shift

SCHEDULED Live Haul

Wages and Earnings

Okmuoto 150km !51 km up to 250 km 251 km UD to 350 km 351 km up to 450 km

Anril 1, 2015 April 1, 2016 $130.00 135.00 $155.00 160.00 $175.00 180.00 $195.00 200.00

Each I 00 km thereafter will be paid at an additional $20.00 per load


April 1, 2017 140.00 165.00 185.00 205.00

The intent is that kilometres driven are to be taking the most direct route in normal circumstances. A driver who deviates from the normal route will advise the supervisor of the reason. For example accident, road closure, etc will be considered reasonable. If it appears that the normal route is not taken, the Company will reserve the right to use Mapquest to calculate the kilometres driven for pay purposes.

Hourly Rate $18.00 per hour Effective April!, 2015-$18.40 per hour

Hourly rate will be paid as well as load rate under the following conditions: (i) after the driver is required to stay over two (2) hours on the farm from the time of

scheduled arrival or from scheduled arrival and departure at off-site scale; (ii) after a one (1) hour waiting time paid when breakdown occurs until the driver is back

running (repairs made); (iii) To stop and warm birds (iv) For six (6) day load rate with the inclusion of$75.00 as well

Turkey Load Rate $50.00 will be paid to drivers when they complete live bird loading

Fueling $10.00 paid to drivers if they have to re-fuel their trucks as a result of non-Live Haul personnel using their designated truck on an alternate shift

Statutory Holidays $150.00

Doubles & Extra Work

In Live Haul it is recognized that the word 'double' means that the driver has completed his run and is on a second run. Doubles shall be distributed amongst the Live Haul drivers that want doubles, in order of seniority, on a rotational basis. The most senior driver will not have another double until all drivers have received the opportunity to accept a double.

Extra work will also be handled as a rotation as stated above but will be a separate rotation from the Doubles. Note: Extra work includes but is not limited to (1) Bird Moving (1 tonne and trailers), (2) Unloading bags of shavings and deliver to the farms (drive tractor trailer) and (3) Deliver and pick-up of turkey loading equipment (1 ton truck with loader)

Drivers will not be permitted to exchange loads or Doubles without the prior authorization of the supervisor or designate.

New drivers will be put at the bottom of the rotation at time of hire.


If a driver is unable to perform a scheduled double, through no fault of their own, (breakdown, slow loading, scheduling change, etc.) then that driver will be offered the next available double and then goes back to normal order of rotation

Work ofthe Bargaining Unit It is agreed that it is the intent of the Employer to distribute the work load among the regular live haul drivers.

Ifthere is sufficient work to create a position for a fulltime driver, the company will post the available position in accordance with the job posting provisions under article 10 of the Collective Agreement

No contractors will be used as long as a company driver can be used.

In a short work week when there is less than five (5) days of work, the Company will endeavor to utilize and schedule company drivers before utilizing any contract drivers.

For the purposes of Schedule 'D', the following definitions apply:

"Union Seniority'' shall mean an employee's length of continuous employment with the Company in

the bargaining unit. An employee shall accumulate seniority from the date oflast hire. Notwithstanding

the furegoing, an employee shall not accumulate seniority during any approved leave of absence

exceeding ninety (90) calendar days but, rather, shall maintain his seniority until his return from the

approved leave of absence, after which he will continue to accumulate seniority pursuant Article 9 of

the collective agreement. This article will not be applied contrary to the provisions of the relevant

legislation.

"Order of Rotation" shall mean the order established based on AZ drivers start date in the Live Haul

Department, for the purposes of scheduling doubles and wash bay runs.

"New Driver" shall mean a class AZ driver that is starting employment in the Live Haul Department.

''Yard Time" shall mean the time the driver is to report to work which is one (1) hour prior to leaving for the farm.

"Single" shall mean one scheduled load for the shift.

"Double" shall mean two scheduled loads for the shift.

"Wash Bay Runs" shall mean runs to take an empty trailer to an outside wash bay and left to be washed

for the next day.

''Emergency Loads" shall mean loads that come up last minute, under the 4-hour minimum.


''Extra Work" means any work over and above regular Live Haul duties as identified in collective agreement.

"In-Service Pay'' shall be the amount of money paid to the driver for any drivers' meeting on any topic that drivers are required to attend, including safety meetings.

A lay off for the purposes ofLive Haul Drivers will be defined as seven (7) working days with no

available work (excluding "extra work"). In such circumstances, affected employees will be subject to Article 12.

Doubles: Are assigned on a rotational base which will follow the Order ofRotation. The driver that starts the doubles will not receive another until all drivers have received an opportunity to accept a double.

Doubles must be scheduled as soon as reasonably possible.

Drivers who are unable to work a scheduled double must provide at least 6 hours' notice to the supervisor and will forfeit their double.

If a driver is unable to perform a scheduled double, through no fault of their own (breakdown, slow

loading, scheduling change, etc.) then that driver will be offered the next available double and then goes back to normal order of rotation.

It is understood that load numbers may change from time to time during the day of the scheduled load out. Unscheduled doubles must be assigned a minimum of 4 hours prior to the run time. If notification cannot be made within 4 hours of the run time, then the load will be classified as an "emergency load" and will be offered to the first available driver.

Wash Bay Runs: Are to be assigned based on the Order ofRotation. The driver that starts the wash bay runs will not receive another until all drivers have received an opportunity to accept a wash bay run.

Extra Work: Extra work will be offered and given to any driver who wants it. In the event more than one driver accepts the extra work, union seniority will govern.

New Drivers: All new drivers will start at the bottom of the order of rotation list for doubles and wash bay runs.

Load Exchanges: Drivers may exchange regular loads with approval of their supervisor. Approval will not be unreasonably denied.

Hours: Live Haul class AZ drivers will be governed by the hours of service guidelines set out by the MTO (Ministry ofTransportation) which is 14 hours on duty and 10 hours off duty.

Without prejudice, Pending Final Sign-off Paqe45

In-Service Pay: Drivers shall be paid to attend any drivers' meeting on any topic that drivers are required to attend,

including safety meetings .

SCHEDULE F Finished Product Drivers

Hourly Rate April!, 2015 $21.19 per hour April!, 2016 $21.59 per hour April!, 2017 $21.99 per hour

ARTICLE TWENTY-SIX- TERM OF AGREEMENT

26.01 This Agreement shall commence on April 1, 2015 and continue until March 31, 2018. This Agreement shall continue from year to year thereafter, unless either party gives notice in writing to the other not less than thlrty days, no more than ninety days prior to the expiry date hereof of that party's intention to terminate this Agreement or to negotiate revisions thereto.

'it.. Executed this 30 day of .4{J(2.1L , 2015 at Thamesford, Ontario.

For the Union


LETTER OF UNDERSTANDING #1- Training Fund

Between

The COMPANY and the UNION

The Company agrees to pay to the CNFIU a training and education premium of $3000 on June 1st of each contract year. Such funds remitted to the CNFIU on June 1" or the next working day as applicable.

For the Union


LETTER OF UNDERSTANDING #2- Part Time Employees and Students

Between


Part Time Employees: will be defined as those who are hired for a Part Time position; scheduled for less than 24 hours per week except during Festive periods and summer vacation periods; do not have a "home" department; and, are not guaranteed a minimum numbers of hours of work on a daily, weekly or annual basis. Part time employees will not be used to displace existing permanent employees. The employer agrees that a combination of part time jobs will not replace a full time position, and where there is sufficient work to create a full time position the employer will not utilize part time employees.

Seniority Date: upon working 800 (eight hundred) hours within a 12-month (twelve) period, Part Time employees will earn seniority. Their seniority date will be the date on which the 800 hours worked is achieved. Upon earning seniority, Part Time employees will be entitled to the rights and privileges oftl1e Collective Agreement, with the exception of articles 9.01, 9.02, 17(paid per ESA), 18(paid per ESA calculation), 20(apply ESA privileges), 21, and 22.01 (17 continuous weeks maximum, instead of 6 continuous months. Requests for extensions beyond the 17 weeks will not be considered), 22.02 (b). Part Time employees will not be offered available excess hours on a daily basis, unless all qualified permanent employees in the department have been offered the overtime. Part Time employees may apply for job postings under Article 10, but will only be considered after fulltime permanent seniority employees that have applied for the posting have been considered. Upon the twelve-month anniversary of the Part Time employee's seniority date, they will be eligible for group benefits as defined by the Collective Agreement.

Rate of Pay: upon hire, Part Time employees will be paid the Hire Rate for Processor 1 duties and the Train Rate for Processor 2 and above duties. Upon the twelve-month (12) anniversary of their seniority date, they will earn the Top Rate of the Processor Level duties that they are performing.

Stndents: The Union and the Company recognize that students may be employed during the festive periods, school vacation period, and other periods as required. Students will not be entitled to the rights and privileges of the Collective Agreement, and will not be governed by the conditions of the Collective Agreement.

Union Dues: All part time employees and students performing Bargaining Unit work will pay Union Dues.


LETTER OF UNDERSTANDING #3- Lead Hands

Between


The Company and the union agrees that the "Lead Hand' designation will be eliminated across the bargaining unit within three (3) months following the date of ratification. The wage rates currently earned by Lead Hands will be red-circled until such time as a scheduled wage increase will provide such employees with a higher rate of pay

For the Union

Without prejudice, Pending Final SignRoff Page49

LETTER OF UNDERSTANDING #4- Classification Determination

Between


The Company agrees to provide the Union v.~th a current list of all jobs performed by bargaining nnit employees.

The Company and Union agree to jointly audit all jobs performed by bargaining nnit employees and review all Processor Levels jointly. This reviewv.@ commence within one month of ratification of this collective agreement.

Should the Company and Union be unable to agree to the appropriate level for any job performed by bargaining nnit employees, the parties agree to resolve any differences in accordance mth the mediation/arbitration process set out in Article 7.01 of the Collective Agreement

The Union will be notified of all newly created jobs as they arise after ratification of this collective agreement. An assessment of all new jobs mil be held in conjunction mth the Union.

For the Union


LETTER OF UNDERSTANDING #5- Payroll

Between


The Company will issue a deposit or wire transfer for any hours worked and not paid on the employee's regular pay. If the amount owed is less than $50.00, it will be paid on the next cheque. If the amount owed is over $50.00, the company will make every reasonable effort to ensure payment within two (2) business days of the company becoming aware of the pay shortage- provided the shortage was not due to an employee's failure to properly swipe. If the employee demonstrates that any fees have been charged by their bank for such deposits or wire transfers, the company will reimburse the employees for such costs.

Both parties recoguize the importance of on-time and accurate pay for work performed and will work together through the Labour-Management process to find ways to minimize the number of payroll errors.

For the Union


LETTER OF UNDERSTANDING #6- Excess Work Hours

Between


The Company acknowledges that it requires a V>'ritten agreement with the Union in order to allow employees to work more than 48 hours (up to 60 hours) weekly. As a Company we continuously look for ways to reduce the number of excess hours worked by employees in order to improve our efficiencies and contribute to continued growth for our business. The Company's intent is not to use this request impulsively, rather to have it in place in the event that we need to solicit volunteers to work excess hours in order to meet our production demands. The Company will not knowingly violate other provisions of the Collective Agreement or relevant legislation when requesting and scheduling excess hours, including daily or weekly hours free from work, and hours free from work between shifts.

For the purpose of allowing the Employer to meet the requirements of the Ministry of Labour's Director of Employment Standards, the parties agree as follows:

l. The Employer will request approval from the MOL for employees to work up to 60 hours in all areas of Cold Springs Farm and Thames Valley Processors;

2. The Employer agrees that working excess hours is voluntary and subject to the provisions of the relevant Collective Agreement and during Festive periods with the agreed upon Festive Transfer Process;

3. The Employer agrees that there will be no reprisals exercised by the Employer against any employee who does not volunteer or refuses to work excess hours;

4. The Employer agrees that overtime pay will be paid for any excess hours worked (daily or weekly) that would attract overtime under the provisions of this Collective Agreement;

5. The Union reserves its right to file a grievance should the Employer breach the provisions of this agreement; and

6. This Agreement for Excess Hours will expire April!, 2018;

For the Union


LETIER OF UNDERSTANDING #7- Stand-by Pay

Between


In the event that management determines that an employee is required to be on stand-by, requiring them to be available for work at any time, the following compensation will apply:

Compensation for standby and call-in hours will be paid out. There is no maximum on Stand-by and call-in pay.

Standby

Employees are paid $3.50 an hour while on standby status.

Call In

Employees called into work are paid in accordance with the collective agreement (Article 21)

Note: Employees who are on standby status and are called in to work receive both standby pay and pay for time worked (in accordance with Article 21 ofthe Collective Agreement).

For the Union


LETTER OF UNDERSTANDING #8- Vacation Calendar

Between


When the last week ofthe year begins in December, it will be included in the current vacation time taken for the current year. The Company will continue to manage the calendar for vacation scheduling purposes in this same manner, allowing the last partial week of December to be booked as that year's vacation.

For the Union


LETTER OF UNDERSTANDING #9- Maintenance Schedule

Between


Within 60 days following ratification of the Collective Agreement, effective April 1, 2015, a schedule will be posted for Maintenance employees based on the schedule below. Employees will bid on their preferred option and will remain in the shift until October 2015 when the Annual Schedule will be posted to be effective November I. This will be deemed the trial period and will allow employees to determine suitability of the shift and provide the Company an opportunity to review. Following the trial period, the Annual Schedule will posted each October to be effective November I each year subject to:

• Allow training within the schedule of up to 3 weeks each year; not to be scheduled consecutively

• Training of new employees that could require swing shifts (with union notification). • Scheduled and unscheduled absences requiring coverage. • Accommodation of employees due to illness and other Human Rights requirements. • Employees can "swap" shifts with prior approval from their Supervisor, providing the shift

doesn't intem1pt the business needs or ESA requirements.

The current Maintenance schedule is as follows

Days 1: Days2: Afternoons: Nights:

Monday to Friday- 7 a.m.- 3.30 p.m. Tuesday to Saturday- 7 a.m.- 3.30 p.m. Monday- Friday 3.00 p.m. - 11.30 p.m. Monday- Friday 11.00 p.m. -7.30 a.m.

Day 6 of an employee's schedule will be paid at the overtime rate and day 7 will be paid at the double time rate, regardless of whether day 6 or 7 falls within a new work week (Sunday to Saturday). For clarity, where day 7 is also the first day of a new shift, it will not be paid at double time.

In the event that business needs change the Company will provide the Union with written notice and will meet prior to implementing any such change.

Without prejudice, Pending Final SignMoff

LETTER OF UNDERSTANDING #10- Live Haul- Long Hauls

Between


As the business changes there is a need to add provisions to the Collective Agreement to lay out terms for long haul trips for live haul drivers.

Drivers will be reimbursed via payroll submission (non-taxable) for up to 3 meals per trip for the amount of up to $1 0/meal with the submission of a receipt. No other expenses will be paid out of pocket as the Company will manage and pay directly to vendors any accommodations, fueling, scaling, weighing, and other charges as necessary.

In addition to the base load rate and mileage paid as per the Collective Agreement, there will be an additional load rate of $1 00 per trip.

The Company and the Union will agree that overnight trips will be included as part of the regular schedule and not offered as voluntary double runs.

For the Union


LETTER OF UNDERSTANDING #11 -Stockroom Classifications

Between


Due to increased responsibility and skill required for jobs in the Stockroom, there is a need to add new Stockroom department classifications. Current incumbents will be moved to their respective new classification. All future openings will follow Article 10.00 of the Collective Agreement on job posting procedures.

Skilled I -Purchaser Semi Skilled -Receiver

There is no change to the General Labour- Stockroom classification and any Stockroomjob(s) in addition to the core team will fall into this classification.

Employees who are transferred or backfilling for vacation coverage, leaves etc., will be paid at the same classification as the employee they are covering.

For the Union


A message from the National Executive Board

The Canadian National Federation of Independent Unions (CNFIU) is a unique organization that takes pride in offering our members unsurpassed service, education and training. CNFIU is a strong and solid alternative to the traditional union structures that dominate the Canadian labour movement

CNFIU was formed in 1979 for the pwpose of assisting Independent Unions with the training and expertise necessary to represent their members. Today, CNFIU continues to provide the highest level of training for Local Union leaders and stewards.

CNFIU, together with your Local Union Executive Board and Negotiating Committee has worked hard to negotiate a fair contract for you. We hope that you take the time to read and become familiar with your collective agreement and know your legal rights and obligations. You and your employer are legally bound by the terms of the collective agreement and the laws relating to your working conditions. This collective agreement guarantees your rate of pay, benefits and job security, so you can plan for your future.

Unlike non-unionized workers, your rate of pay, benefits and workplace health & safety rights are guaranteed. Your Union will enforce your rights. If you believe your rights have been violated or the collective agreement has been breached, please talk to your Union Steward or a Local Union Representative.

We encourage you to get involved with your Local Union and attend General Membership meetings. Think about becoming a Union Steward, you'llfind it to be a rewarding experience.

IN UNITY, THERE IS STRENGTH


WHAT YOU GET FOR YOUR UNION DUES

Higher than average wages and benefits. It is a proven statistic that unionized workers make more in wages and benefits thannon-union workers in similar industries.

Job Security. Management cannot fire you or discipline you without just cause. Your Union will protect your job. Management must prove just cause for discipline or termination. Your Union spends thousands of dollars each year in grievance and arbitration expenses to protect your rights. If you are unjustly terminated, your Union will fight for your job. Unlike non-union workers, your Union protects your job security at no expense to you.

Grievance Procedure. The grievance procedure in your collective agreement allows your Union to stand up for your rights. Every benefit in your contract is important and should be protected. Did you deserve a job posting and didn't get it? Are non-union workers doing union work? Were your seniority rights ignored? Was your vacation pay short? Have you been unjustly disciplined? Your Union can fight for your rights through the grievance procedure

Assistance with the Workplace Safety & Insurance Act. CNFIU trains WSIB Representatives in your Local Union and employs specialized representatives who can help you navigate the mine field of government agencies. These services are at no charge to you and are available if you ever need them.

Pensions, Dental Insurance, Extended Health Benefits, etc. Once again, it is a proven fact that Union workplaces have superior benefits compared to those of non-union workers. Should you be unable to work because of illness or injury, you and your family will be grateful for your insurance protection. You and your family enjoy regular dental visits and dental care and other extended health benefits. Your Union fights to maintain and improve your benefits.

These are just a few examples of what makes your Union dues a valuable investment in your future and the future of all those workers who will follow after you. On top of all that, your Union dues are 100% tax-deductible.

WHAT DO YOUR LOCAL UNION OFFICERS AND STEWARDS DO?

Your Local Union Executive is comprised of elected front-line representatives who manage the affairs of your Local Union and give you advice on your rights. Your Local Union Executive and Stewards also represent you at the first stage of the grievance procedure with management.


You should bring any suspected violation of this agreement to the attention of your Union Steward or Local Union Representative as soon as possible. This time limits may be important in winning your grievance. A Union Steward cannot work miracles and solve your problem on the spot, but he/she will either give you an answer or find out the answer to your problem.

Union Stewards are all volunteers who step up to the plate to help their coworkers. They do important work and have a lot of responsibility in the Union. Treat them with respect and consideration, just like you would any friend who tries to help you.

Your Local Union Executive and Union Stewards are always there for you, but never ask your Union Steward to look into a violation of your contract rights unless you are willing to file a grievance, if necessary. Their time is as important as yours. Your Steward can assist you in winning your rights under this collective agreement, but only if you are willing to stand up for your rights and see it through.

A Union Steward's job can often be thankless, but despite that, for those who are willing to take on the job, it can be a rewarding and educational experience. If you believe in your right to be respected by management and if you enjoy helping people, please contact your Local Union Executive ... you might have what it takes to become a Union Steward.

UNION SCHOLARSHIPS, TRAINING AND EDUCATION

The Canadian National Federation oflndependent Unions holds two educational seminars each year, in the spring and fall, at various locations throughout Ontario. Local Union Executive Officers and Union Stewards enjoy access to a variety of relevant seminars. In addition, CNFIU endevours to train two WSIB Representatives in each Local. This will ensure that members have easy access to assistance in the unfortunate instance of a workplace accident. CNFIU is also committed to ensuring our Local Union Representatives have up-to-date training in Workplace Health & Safety and are familiar with any new developments that might affect your safety in the workplace.

CNFIU is proud to offer an two annual scholarships available to our members and their immediate families who are pursuing education at the post-secondary level. This scholarships are awarded to two applicants chosen by the scholarship selection committee based on academic achievement and his/her views on the "Benefits ofUnions".

To find out more about the "Vince Vocal Scholarship" please visit our web site at www.cnfiu.com or calll-800-638-9438. Applications are accepted until April30 of each year for the following school year

Without prejudice, Pending Final Sign·off

These pages are for your information and convenience only. They are not legal documents. For finiher information and exact wording of current legislation, please see the applicable act and regulations, i.e. Employment Standards Act, 2000. These pages do not form part of the Collective Agreement.

EMERGENCY LEAVEDAYS What is personal emergency leave? Personal emergency leave is unpaid, job-protected leave of up to 10 days each calendar year. Personal emergency leave may be taken in the case of illness, injury and certain other emergencies and urgent matters. Who can take personal emergency leave? Employees who work for employers that regularly employ at least 50 employees are entitled to personal emergency leave.

What if an employee works for an employer that regularly employs fewer than 50 employees? The employee is not entitled to personal emergency leave under the ESA.

For what reasons can an unpaid personal emergency leave be taken? An employee who is entitled to personal emergency leave can take up to 10 days' unpaid leave of absence due to: personal illness, injury or medical emergency, and death, illness, injury, medical emergency of or urgent matters relating to: a spouse, a parent, step-parent, foster parent, child, step-child, foster child, grandparent, stepgrandparent, grandchild or step-grandchild of the employee or the employee's spouse, the spouse of an employee's child, a brother or sister of the employee, a relative of the employee who is dependent on the employee for care or assistance. Note: "spouse" includes same-sex spouse.

What if an employee's contract provides paid sick leave or bereavement leave? If a contract (which includes a collective agreement) provides a greater right or benefit than the personal emergency leave standard in the ESA, then the terms of the contract apply instead of the personal emergency leave provisions of the ESA. If the contract does not provide a greater right or benefit than the personal emergency leave standard in the ESA, the personal emergency leave provisions of the ESA will apply to the employee, and the ministry will not get involved in how the leave provisions of the contract are applied. For example, a contract only provides three paid personal sick days and three paid bereavement leaves days per year. It does not provide job-protected time off for any other reason. This contract does not provide a greater right or benefit greater than the ESA's personal emergency leave provisions. This means that the employee will be entitled to 10 unpaid days' personal emergency leave


per calendar year for any of the reasons listed in the ESA. If the employee takes I 0 days of personal emergency leave for personal illness, the employee will have used up the entitlement under the ESA. The questions of whether any of those absences must be paid, and whether those absences draw down against the three paid sick leave days under the contract is not a matter the ministry gets involved in.

Is personal emergency leave the same as family medical leave? No. Personal emergency leave is unpaid, job-protected leave of up to 10 days each calendar year.

Personal emergency leave may be taken in the case of personal illness, injury or medical emergency and the death, illness, injury, medical emergency of or urgent matter relating to certain family members and dependent relatives.

Family medical leave, on the other hand, is unpaid, job-protected leave of up to eight (8) weeks in a 26 week period. Family medical leave may be taken to provide care and support to certain family members for whom a qualified health practitioner has issued a certificate stating that this family member has a serious illness with a significant risk of death occurring within a period of 26weeks.

Further, while only employees who work for employers that regularly employ at least 50 employees are entitled to personal emergency leave, this is not a requirement for family medical leave. The persons for whom a family medical leave may be taken differ from the persons specified for personal emergency leave. See the "Family Medical Leave" fact sheet for further information about family medical leave.

Am I entitled to both personal emergency leave and family medical leave? An employee may be entitled to both leaves. They are separate leaves and the right to each leave is independent of any right an employee may have to the other leave. An employee who qualifies for both leaves would have full entitlement to each leave.

RIGHTS AND RESPONSIBILITIES

How long is a personal emergency leave? A personal emergency leave of absence can last up to I 0 days a year.

Does personal emergency leave have to be taken all at one time? The 10 days of a personal emergency leave do not have to be taken consecutively. However, personal emergency leave is generally counted in full days. Even if an employee takes only part of a day as a personal emergency leave, the


employer can count it as a full day ofleave.

For example, an employee who takes half a day off to take his or her child for medical tests may be deemed to have taken one day's leave.

How do employees tell their employers about their plans? An employee must inform the employer that he or she will be taking a personal emergency leave of absence.

What if there is 110 time for the employee to give advance notice? If an employee has to begin a personal emergency leave before notifying the employer, he or she must inform the employer as soon as possible after starting the leave.

Does the employee lose the right to take personal emergency leave if the employee does not properly inform the employer of the leave? No. If the qualifYing conditions described earlier are met, an employee is entitled to take a personal emergency leave. While an employee is required to tell the employer in advance that they are taking a leave (or, if this is not possible, as soon as possible after starting the leave), the employee will not lose the right to take personal emergency leave if the employee fails to do so. An employer may discipline an employee who does not properly inform the employer, but only if the reason for the discipline is the failure to properly notifY the employer and not in any way because the employee took the leave.

Can the employer ask for evidence of why the employee took a personal emergency leave? An employer is allowed to ask an employee to provide evidence that he or she is eligible for a personal emergency leave of absence. The employee is required to provide evidence that is reasonable in the circumstances.

Can an employer fb·e an employee for taking leave? No. If an employee is eligible for a personal emergency leave, the employer cannot penalize him or her in any way for taking a leave.

What happens to an employee's pay, seniority and benefits? Employers do not have to pay wages when an employee is on personal emergency leave. Employees earn seniority and credit for length of service and length of employment while on personal emergency leave. While an employee is on personal emergency leave, the employer must continue to pay its share of the premiums to certain benefit plan (ie., pension plans, life, accidental death, extended health insurance plans and dental plans) that were offered before the leave.

EMPLOYMENT INSURANCE

Where to Apply?

Without prejudice, Pending Final Sign-off Paoe 63

Apply at the local Human Resource Centre of Canada. Check the telephone directory under Human Resources Development Canada or Canada Employment Centre for the office nearest you or visit the Human Resources and Social Development web site at www.hrsdc.gc.ca.

Regular Benefits: You can receive regular benefits if you lost your job and you can't find work, provided that you meet these requirements:

You have been without work and without pay for at least seven (7) consecutive days; You have paid into the EI account; You have worked the required minimum number of hours in the last 52 weeks; the number ofhours of work needed may range from 420-700 hours, depending on the unemployment rate in your region.

There are two (2) exceptions: if this is your first job ever, or your fust job after coming back into the workforce after an absence of two (2) years or more, you will need a minimum of910 hours of work to qualify, regardless of the local unemployment rate.

In most cases, you will receive 55% of your insured earnings to a maximum of$413 per week. Claimants who are in a low income family (an income of less than $25,921) with children and receive the Child Tax Benefit will receive a Family Supplement based on your Child Tax Benefit. Your benefit rate can be increased to a maximum of 65% but not greater than the maximum benefit rate of$413 (2001).

Claimants can collect benefits between 14 and 45 weeks depending on the unemployment rate in their region and the number ofhours they have worked in the last 52 weeks.

How to Calculate the Benefit Amount? (a) The benefit rate is based on your average insured earnings in the last 26 weeks of work. Your insured earnings will be averaged over a number of weeks know as a divisor, which is based on the unemployment rate in your region. The divisor is the greater of: (b) the number of weeks of insured earnings in the last 26 week period, or (c) the number of weeks specified in the divisor table.

If you worked for only the minimum number of weeks required to qualify, or for one (I) week longer than that, then the minimum divisor applies to you.

Intensity Rule: Any week of regular benefits collected after June 30, 1996 could affect your


benefit rate on future claims. Weeks ofbenefits claimed will stay on your claim history for five ( 5) years. Working while on a claim can help you to reduce the number of weeks on your claim history.

Work Credits: Claimants who work while they receive regular benefits and earn enough to reduce their EI cheques, will be able to earn work credits to be applied against the intensity rule. The total amount they save the EI system by working while on a claim will be converted into weeks of unpaid benefits. Those weeks will then be credited against the application of the intensity rule for the next claim in the next five (5) years.

Sick Benefits: Sick benefits are paid for up to 15 weeks if you have 600 hours of insurable employment in the last 52 weeks or since the start of your last claim. If you get sick after your employment was interrupted for another reason such as temporary layoff, you may be eligible with less than 600 hours. Medical reports are necessary.

Pregnancy Benefits: If your child is born or adopted after December 31, 200 I; you must have worked and paid EI premiums for at least 600 hours in the last 52 weeks, or since the beginning of your last EI claim. You can start collecting maternity benefits up to 8 weeks before you are scheduled to give birth. However, benefits caunot be received later than 17 weeks after the baby is due or born unless the infant is confined to a hospital.

Parental Benefits: Parental Benefits can be collected for up to 35 weeks by both natural and adoptive parents while they are caring for a newborn or adopted child. Under the new rules, a combination of maternity (biological mothers only), parental and sickness benefits can be received up to a combined maximum of 50 weeks in a 52 week period.

Benefits are paid at 55% of your average earnings up to a maximum of$413 per week.

Discharge or Quit: No regular benefits are paid to those workers who quit a job without just cause or who are fired for misconduct. You may appeal a disqualification. Contact your union if you need assistance with your appeal.

Family Medical Leave

What is family medical/eave?


Family medical leave is unpaid, job-protected leave of up to eight (8) weeks in a 26-week period.

Family medical leave may be taken to provide care or support to a specified family member for whom a qualified health practitioner has issued a certificate indicating that the family member has a serious medical condition and there is a significant risk of death occurring within a period of26 weeks.

Although two or more employees may qualizy for the leave, the eight (8) weeks ofleave must be shared between the employees. In certain limited circumstances, an employee would be entitled to take subsequent leaves to care for the same family member.

Who can take family medical leave?

All employees, whether full-time or part-time, permanent or contract, who are covered by the Employment Standards Act 2000 [the ESA] are entitled to family medical leave. There is no requirement that an employee be employed for a particular length of time or that the employer employ a specified number of employees in order for the employee to qualizy for family medical leave.

Are there Employment Insurance (EI) benefits available to an employee who takes family medical leave?

Under the Employment Insurance Act, six weeks of employment insurance benefits called "compassionate care benefits" may be paid to EI eligible employees who have to be away from work temporarily to provide care to a family member who has a serious medical condition with a significant risk of death within 26 weeks and who requires care or support from one or more family members.

The right to take time off work under the family medical leave provisions of the ESA is not the same as the right to the payment of compassionate care benefits under the federal Employment Insurance Act. An employee may be entitled to family medical leave whether he or she has applied for or is qualified for the compassionate care benefits.

The Ontario Ministry of Labour cannot assist an employee to obtain the compassionate care benefits. For information about EI compassionate care benefits, you can call the nearestHuman Resources and Skills Development Canada (HRSDC) - Employment Insurance Telemessage.

General Inquiries. The telephone number is listed in the blue pages of your telephone book, under "Employment and Unemployment". You can also visit


HRSDC's Internet site at www.hrsdc.gc.ca/en/eiltypes/compassionate care.shtml.

For what reasons can an unpaid familymedicalleave be taken?

An employee can take family medical leave to provide care or support to a specified family member who has a serious medical condition with a significant risk of death occurring within a period of26 weeks. This medical condition and risk of death must be confirmed in a certificate issued by a qualified health practitioner.

What does providing care and support mean?

Care or support includes: providing psychological or emotional support, arranging for care by a third party provider or directly providing or participating in the care of the family member.

For which family members may a family medical leave be taken? The specified family members for whom a family medical leave may be taken are: the employee's spouse (including same-sex spouse), a parent, step-parent or foster parent of the employee, a child, step-child or foster child of the employee or the employee's spouse.

Is family medical leave the same as personal emergency leave? No. Family medical leave is an unpaid leave of up to eight (8) weeks that may be taken within a specified 26 week period to provide care or support to a specified family member for whom a qualified health practioner issues a certificate stating that this family member has a serious illness with a significant risk of death occurring within a period of26 weeks.

Personal emergency leave, on the other hand, is an upaid leave of up to 10 days in each calendar year which can be taken because of personal illness, injury or medical emergency and the death, illness, injury, medical emergency or urgent matters relating to certain family members and dependent relatives. Further, only employees who work for employers that regularly employ at least 50 employees are entitled to personal emergency leave and the persons with respect to whom a personal emergency leave may be taken may differ from the family members specified for family medical leave. See the "Personal Emergency Leave" fact sheet for further information about personal emergency leave.

Am I entitled to both family medical leave and personal emergency leave? An employee may be entitled to both leaves. They are separate leaves and the right to each leave is independent of any right an employee may have to the other leave. An employee who qualifies for both leaves would have full entitlement to each leave.

Rights and Responsibilities


How long is a family medical leave? A family medical leave can last up to eight (8) weeks within a specified 26-week period.

Does family medical leave have to be taken all at one time and in full weeks? The eight (8) weeks of a family medical leave do not have to be taken consecutively. An employee may therefore take a single week ofleave at a time. However, if an employee only takes part of a week off work as family medical leave, it is still counted as a full week ofleave. That is because "week" is defined for family medical leave purposes as a period of seven consecutive days beginning on a Sunday and ending on a Saturday. Week is defined in this way to correspond with the beginning and end of the week set for EI entitlement purposes.

Example]: Employee begins a family medical leave on a Wednesday, May 21. First week ofleave is defined as beginning on the preceding Sunday (May 18) and will end on Saturday, May 24. Employee will have used one full week of the 8 weeks offamily medical leave as of Saturday, May 24.

Example 2: Employee takes two days off work for family medical leave on Monday, July 19 and Tuesday, July 20. The week offamily medical leave is defined as beginning on the preceding Sunday (July 18) and will end on Saturday, July 24. Although the employee chose to return to work on Wednesday, July 21 (and be paid his or her regular wages for that work) he or she will be deemed to have used one full week of the 8 weeks of family medical leave as of Saturday, July 24.

Do I have to share a family medical leave with others? The eight (8) weeks of a family medical leave must be shared by all employees who take a family medical leave to provide care or support to a specific family member. For example, if one spouse took six (6) weeks of family medical leave to care for his or her child, the other spouse would be able to take only two weeks of family medical leave.

Can an employee take more than one 8-week leave to provide care for the same family member? If an employee has taken a leave to care for a family member who has not passed away within the 26-week period referred to in the medical certificate and a health practitioner issues a subsequent certificate( s) stating that the family member has a serious medical condition with a significant risk of death within 26 weeks, the employee would be entitled to an additional eight (8)-week family medicalleave(s).


(Note: whether or not this employee would be eligible for any or further EI benefits would be a matter to be determined by the federal Employment Insurance Commission [EIC].)

When can the family medical/eave be taken? If a qualified health practitioner issues a certificate stating that a specified family member has a serious medical condition and there is significant risk of death occurring within a period of26 weeks, an employee may take the family medical leave within that 26-week period. Where multiple certificates are obtained by employees wishing to take leave with respect to the same family member, the 26-week period within which the family medical leave must be taken is determined by the first certificate issued by a qualified heath practitioner.

Wizen can a family medical/eave begin? The earliest an employee may start the leave is the frrst day of the week in which the 26-week period identified on the medical certificate begins. Since week is defmed for the purposes of family medical leave as a period of seven (7) consecutive days, beginning on a Sunday and ending on a Saturday, the 26-week period set out in the medical certificate should always start on a Sunday. However, if a certificate provides that the 26-week period begins on a day other than a Sunday, it will be deemed to have begun on the preceding Sunday. Likewise, regardless of what day of the week the employee actually begins the leave, the week of family medical leave would begin on the preceding Sunday.

Example: On Wednesday, June 13, a medical practitioner issues a certificate stating that the individual (in this example, the employee's spouse) has a serious medical condition with a significant risk of death within a period of26 weeks. Because a week is defined as a period of7 consecutive days beginning on Sunday and ending on Saturday under the family medical leave provisions, the 26-week period is considered to begin Sunday June 10. Assuming the employee wished to commence the leave on the day the certificate was issued, the firstweek of the leave would also begin on Sunday June 1 0.

Wizen must a family medical/eave end? The latest day an employee could remain on leave would be: The last day of the week in which the family member dies or the last day of the week in which the 26 week period expires or the last day of the eight (8) weeks of family leave, whichever is earlier. Based on the definition of "week" for family medical leave, the leave would always end on a Sunday.

Does the employee need to have the medical certificate before he or she can take the leave? No. An employee might commence the leave before obtaining the medical certificate, however, the right to the leave is dependent upon the issuance of the medical certificate and the leave must be


completed within the 26 week period specified in that certificate. If the employee could not subsequently produce the certificate and/or if the leave were not completed within the 26 week period, the employee would not have had a right to the family medical leave under the Act and would 110t be entitled to any of the protections afforded to the employees on such a leave.

Can the employer ask for proof that an employee is eligible to take a family medical/eave? An employer is entitled to ask an employee for a copy of the certificate of the qualified health practitioner to provide proofthat he or she is eligible for a family medical leave. The employee is required to provide that certificate as soon as possible after the employer requests. The certificate must state that the family member has a serious medical condition with a significant risk of death occurring within a specified 26-week period.

The employee is responsible for obtaining and paying the costs (if any) of obtaining the certificate.

The Ministry of Labour cannot assist the employee in obtaining the certificate.

If you are applying for Employment Insurance (EI) compassionate care benefits, a copy of the medical certificate submitted to Human Resources and Skills Development Canada may also be used for the purposes of family medical leave.

Who is a qualified health practitioner? A qualified health practitioner is a person who is qualified to practise medicine under the laws of the jurisdiction in which care or treatment of the family member is being provided.

In Ontario, at this time, only medical doctors can issue a certificate.

What if I cannot obtain a ce11ijicate? Eligibility for family medical leave is dependent upon the issuance of the medical certificate (a copy of which must be provided to the employer if requested). If you cannot obtain a certificate from a qualified health practitioner, you are not entitled to the leave and will not have job protection if you do not report for work. Your employer may voluntarily agree to provide you with time off work in such a case, but an employer is not required to so under the Act.

How do employees tell their employers about their plans to take a family medical/eave? An employee must inform the employer in writing that he or she will be


taking a family medical leave of absence.

What if there is no time for the employee to give notice? If an employee has to begin a family medical leave before notifYing the employer, he or she must inform the employer in writing as soon as possible after starting the leave.

What if the employee fails to give notice? An employee who does not give notice does not lose his or her right to a family medical leave.

Can an employer fire an employee for taking family medical/eave? No. An employer cannot fire or otherwise penalize an employee in any way for taking, planning on taking, being eligible or being in a position to become eligible to take a family medical leave.

What happens to an employee's pay, seniority and benefits? Employers do not have to pay wages when an employee is on family medical leave.

Employees earn seniority and credit for length of service and length of employment while on family medical leave.

While an employee is on family medical leave, the employer must continue to pay its share of the premiums to certain benefit plans (i.e., pension plans, life insurance plans, accidental death plans, extended health insurance plans and dental plans) that were offered before the leave.

WORKPLACE SAFETY AND INSURANCE ACT

The Workplace Safety and Insurance Act, is an insurance program to protect workers against loss of income due to job-related injuries, illness and related disabilities. Here are answers to the most commonly asked questions:

1. How does the v,;orker report an accident? If an accident occurs at work, Section 22(1) of The Act requires a worker to file a claim as soon as possible after the accident that gives rise to the claim, but in no case shall he/she file a claim more than six months after the accident or in the case of an occupational disease, after the worker learns that he/she suffers from the disease.

2. Is there an Extension of Time? The Board may permit a claim to be filed after the six month period expires if; in the opinion of the Board, it is just to do so.

3. What forms must be completed to receive benefits?


Section 22( 4) a claim must be on a form approved by the Board and must be accompanied by such information and documents as the Board may require. The worker must file a Form 6, the employer a Form 7 and the physician a Form 8. In addition, employees are required to complete an Accident/Incident Report with their Supervisor and Health Safety Manager (or designate)

4. What consent of disclosure is required? Section 22(5), when filing a claim, a worker must consent to the disclosure to his/her employer of information provided by health professional under subsection 37( e) concerning the worker's functional abilities. The disclosure is for the sole purpose of facilitating the worker's return to work.

5. Failure to file? Section 22(6) if the claimant does not file the claim with the Board in accordance with this section or does not give the consent required by sub-section ( 5), no benefits shall be provided under the insurance plan unless the Board, in its opinion, decides that it is just to do so.

6. Notice to Employer? Section 22(7), the claimant shall give a copy of his/her claim to the worker's employer at the time the claim is given to the Board.

7. Notice of material Change in Circumstances? Section 23(3), a person receiving benefits under the insurance plan or who may be entitled to do so shall notify the Board of a material change in circumstances in connection with the entitlement within I 0 days after the material change occurs.

8. Wages for Day of Accident? Section 24(1 ), the employer shall pay a worker who is entitled to benefits under the insurance plan his/her wages and employment benefits for the day of the injury as if the accident had not occurred.

9. Employment benefits? Section 25(1 ), throughout the first year after a worker is injured, the employer shall make contribution for employment benefits in respect to the worker when the worker is absent from work because of injury. However, the contnbution is required only if:

(a) The employer was making contributions for employment benefits in respect to the worker when the injury occurred, and

(b) The worker continues to pay his/her contributions, if any, for the employment benefits while the worker is absent from work

I 0. Duty to cooperate in Return to Work? Section 40(1 ), the employer of injured workers shall cooperate in the early and safe return to work of the worker by:

(a) Contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of the worker's recovery and impairment


(b) Attempting to provide suitable employment that is available and consistent with the worker's functional abilities and that, when possible restores the worker's pre-injury earnmgs

(c) Giving the Board such information as the Board may request concerning the worker's return to work, and

(d) Doing such other things as may be prescribed 11. Worker's Duty? Section 40(2), the worker shall cooperate in his/her early and safe return to work by:

(a) Contacting his/her employer as soon as possible after the injury occurs and maintaining communication throughout the period of the worker's recovery and impairment

(b) Assisting the employer, as may be required or requested, to identify suitable employment that is available and consistent with the worker's functional abilities and that, when possible, restores his/her pre-injury earnings

(c) Giving the Board such information as the Board may request concerning the worker's return to work, and

(d) Doing such other things as may be prescribed

12. Notice of Dispute? Section 40(6), the employer or the worker shall notify the Board of any difficulty or dispute concerning their cooperation with each other in the worker's early and safe return to work.

13. Obligation to Re-Employ? Section 41 (1 ), the employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer shall offer to re-employ the worker in accordance with this section. Section 41(4), When the worker is medically able to perform the essential duties ofhis or her pre-injury employment, the employer shall.

(a) Offer to re-employ the worker in the position that the worker held on the date of the injury, or

(b) Offer to provide the worker with alternative employment of a nature and at earnings comparable to the worker's employment on the date of injury

14. Time Limits? A thirty (30) day time limit on appealing a Board decision about return to work or a labour market re-entry plan made on or after January 2, 1998. A six ( 6) month time limit on appealing any other Board decision made on or after January 1, 1998. A six ( 6) month time limit on filing a claim The changes to the new Act are significant and have reduced or limited entitlement for injured workers. However, you should never let management talk you out of filing a claim, it is your right. In fact, it is a violation for an employer to refuse to submit a claim.

Your local union has a benefit department that will answer any questions you may have in regard to filing or appealing a WSIB claim. Contact your union office.


THE OCCUPATIONAL HEALTH AND SAFETY ACT

Most work-related disabilities can be avoided if both management and workers live up to their responsibilities under Ontario's Occupational Health and Safety Act. Here is a quick guide to the Act. For details, refer to the Act itself which is found in the small green book which must be posted in every workplace or contact your Union Health & Safety Representative.

Employer's Duties: Among other things, the employer must:

• Provide information, instruction and training to a worker to protect the health and safety of the worker,

• Acquaint the worker with any workplace hazard • Appoint a competent person as Supervisor • Cooperate with and assist the Health and Safety Committee and Representative • Take every precaution reasonable for the protection of the worker

Supervisor's Duties: The Supervisor must:

• Ensure that the worker works in a safe manner and uses all the equipment, protective devices or clothing that is required

• Advise a worker of any potential or actual danger to health and safety • Provide written safety instructions, where required • Be familiar with the Act and Regulations

Worker's Obligations: • Use all safety equipment and wear all protective clothing required by the employer • Report any potentially unsafe condition or defect in safety equipment to your Supervisor • Obey the Health & Safety law and all regulations and report any violations of the law or

regulations to your Supervisor

Worker's may not: • Remove or tum off any safety device • Use any equipment or work in a manner which may endanger him/her or another worker • Engage in horseplay of any kind

The Right to Refuse Unsafe Work: If you encounter an unsafe condition at work, your first obligation is to report it to your Supervisor. Once you have done that, you may refuse to work at a job or task where you have reason to believe that Any machine or equipment you are supposed to use is likely to endanger yourself or another worker or, The work or work process would be in contravention of the Act; or the condition of the workplace itself is hazardous

You must promptly notifY your Supervisor of your refusal. He/she must then investigate the matter in your presence and that of a Health & Safety representative of the workers (normally a


Certified Health & Safety Representative or a member of the Health and Safety Committee). If the Supervisor orders you back to work and you are still not satisfied that the job is safe, you may continue to refuse to work, provided you have reasonable grounds to believe the condition still constitutes a hazard.

At this point, the inspector from the Ministry of Labour must be called in. While you are waiting for him/her, the Supervisor can request that someone else perform the job provided that he/she is informed that the job was refused and the reasons for the refusal. The Supervisor can assign the refusing worker reasonable alternative work, subject to the Collective Agreement.

The decision of the Inspector is final. Although his/her order may be appealed, you must return to the job if he so orders, pending the outcome of such appeal.


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