collective agreement between waterville tg inc. (petrolia … · waterville tg inc., in petrolia,...

COLLECTIVE AGREEMENT

Between

WATERVILLE TG INC.(PETROLIA, ONTARIO)

- and -

THE INTERNATIONAL UNIONUNITED AUTOMOBILE,

AEROSPACE AND AGRICULTURAL IMPLEMENT

WORKERS OF AMERICA(U.A.W. - LOCAL 251)

November 25, 2014 – November 25, 2017

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COLLECTIVE AGREEMENT

Between

WATERVILLE TG INC.(Petrolia, Ontario)

(hereinafter referred to as “The Company”)

and

THE INTERNATIONAL UNION UNITED

AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT

WORKERS OF AMERICA(U.A.W. – Local 251)

(hereinafter referred to as “The Union”)

November 25, 2014 – November 25, 2017

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TABLE OF CONTENTS

Article Title

1. Purpose of Agreement ..................................6

2. Recognition and Scope.................................6

3. No Discrimination..........................................7

4. Management Rights......................................7

5. No Strikes or Lockouts..................................9

6. Union Security ............................................10

7. Union Representation .................................11

8. Negotiating Committee ...............................14

9. Grievance Procedure..................................15- Step One – Supervisor Level- Step Two – Manager Level- Step Three – Employee Relations Specialist

Level- Expedited Arbitration- Discharge- Policy Grievance

10. Arbitration ...................................................18

11. Seniority......................................................20- Probation- Seniority Lists- Seniority Lost- Layoff or Classification Reduction- Recall- Postings- Back-Ups- Temporary Transfers- Rotation

12. Hours of Work and Overtime ......................34- Workday and Breaks- Overtime Distribution- Mutual Exchange of Shift

13. Call-Back ....................................................40- Reporting Allowance

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Article Title

14. Leave of Absence .......................................40- Personal Leave- Union Leave- Bereavement Leave- Jury Duty or Crown Witness- Military Leave- Volunteer Fire Fighters

15. Bulletin Boards............................................44

16. Absence From Work ...................................45- Reporting Absences- Payment for Injured Team Members

17. Vacations ....................................................46

18. Plant Holidays.............................................49

19. Non-Duplication of Benefits ........................50

20. Shift Premium .............................................51

21. Quality.........................................................51

22. Health and Safety .......................................52- Safety Footwear- Safety Eyewear

23. Medical Evidence........................................54

24. Travel Expenses .........................................54

25. Educational Assistance...............................55

26. Tool Allowance ............................................56

27. Smoking......................................................57

28. Skilled Trades .............................................5729. Benefits.......................................................58

- Retirement Savings Plan- Chiropractor- Physiotherapist- Probationary Team Members- Vision Care- Dental Option 3- Life AD & D

30. Bargaining Unit Work..................................60

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Article Title

31. Technological Change ................................61

32. Discipline ....................................................61

33. Pay Errors...................................................62

34. Mediator......................................................62

35. Paid Education Leave.................................62

36. Employee File Review ................................63

37. Work Release Programs.............................63

38. Duration of Agreement................................63

Appendix Wage Rates and Classifications .................65A - Direct Production

- Production Support

Appendix Direct Production Progression ....................66B

Letter Special Assignment ....................................67

Letter Scope of Bargaining Unit, Re: Article 2.1...68

Letter Term and Task.............................................69

Letter Team Members Employed in Coating/........71Secondary as of November 23, 2001

Letter Weekend Shift Schedule ............................72

Letter Second Facility in Ontario...........................75

Letter Extrusion Team Members ...........................77

Letter Team Leader Vacancies .............................78

Letter Weekend Shift Reduction/Movement .........79

Letter Probationary Employees.............................80

Letter Production Support Job Postings ...............82

Letter Production Standards .................................83

Letter Administration of Overtime .........................84

Letter Extra Hours of Work Agreement .................85

Letter Mould Cleaner Classification ......................86

Letter Extrusion Head Operator ............................87

Letter Creform Position .........................................88

Letter Pay Rates ...................................................89

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PREAMBLE

This Agreement is made and entered into this 25th day ofNovember 2014 between Waterville TG Inc, (hereinaftercalled the Company) and the International Union UnitedAutomobile, Aerospace and Agricultural Implement Wor ersof America (UAW/CLC) and its Local 251, (hereinaftercalled the Union).

ARTICLE 1 - PURPOSE OF AGREEMENT

1.1 The general purpose of this Agreement is to providefor orderly collective bargaining relations, an amica-ble method of settling any differences which mayarise between the parties under the agreement, andto set forth the conditions of employment includingcompensation and working conditions to be ob-served by the Company, the Union and the TeamMembers.

ARTICLE 2 – RECOGNITION AND SCOPE

2.1 The Company recognizes the Union as the sole andexclusive bargaining agent for all Team Members ofWaterville TG Inc., in Petrolia, Ontario, save and ex-cept supervisors, persons above the rank of super-visor, office, engineering staff (includingmanufacturing technicians), clerical and sales TeamMembers, and students employed during the schoolvacation period.

2.2 The word “Employee” or “Employees,” whereverused in this Agreement, shall mean only the employ-ees in the bargaining unit defined above unlessspecifically stated otherwise.

In the spirit of the Team Concept Principles, the par-ties have agreed, for the term of this Agreement, tosubstitute the word “employee(s)” with “Team Mem-

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ber(s),” throughout this Collective Agreement.Whenever and wherever Team Member(s) is usedor referenced in the Collective Agreement, it shallhave the same meaning as Employee(s) describedin 2.1 above.

2.3 Wherever the male noun or pronoun is used, it shallalso mean the female and vice versa.

ARTICLE 3 - NO DISCRIMINATION

3.1 The provisions of this agreement shall apply to allTeam Members covered by this agreement withoutdiscrimination on account of age, race, creed,colour, gender, marital status, nationality, ancestry,place of origin, sexual orientation or any other basisprescribed by Provincial law.

ARTICLE 4 – MANAGEMENT RIGHTS

4.1 Except, and to the extent specifically modified bythis Agreement, all rights and prerogatives of Man-agement are retained by the Company and remainexclusively and without limitation within the rights ofthe Company and its management. Without limitingthe generality of the foregoing, the Company’s ex-clusive rights, power and authority shall include butshall not be confined to:

a) The right: to plan, direct, control and alter all oper-ations in a safe, efficient, and profitable manner tocontinuously improve competitive global capabil-ity; to designate, establish, revise, combine or dis-continue jobs or job assignments subject to theexpress terms of the collective bargaining agree-ment.

b) Make, enforce and alter, from time to time, rulesand regulations to be observed by the Team Mem-

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bers; hire, transfer, promote, demote, classify, as-sign duties, lay off, retire, recall; to discharge ordiscipline a probationary Team Member for anyreason satisfactory to the Company and to dis-charge, suspend or otherwise discipline seniorityTeam members, provided that a claim that a TeamMember who has completed his probationary pe-riod has been discharged or disciplined withoutjust cause or has been dealt with contrary to theprovisions of this Agreement may be the subjectof a grievance and dealt with as hereinafter pro-vided.

c) The right: to determine the location and extent ofthe operations and their commencement, curtail-ment or expansion; the standards of production;the products to be manufactured; the descriptionof jobs and work; the number of shifts, the meth-ods, processes and means of manufacturing;quality, job testing, standards and qualifications;whether there shall be overtime and who shall per-form such work; the number of Team Membersneeded by the Company at any time and howmany shall work on any job; the hours of work in-cluding shift times and generally, the right to man-age the enterprise and its business withoutinterference are solely and exclusively the right ofthe Company, subject to the express terms of thecollective bargaining agreement.

4.2 Where the rights, power and authority itemizedabove are modified or limited by the terms and pro-visions of this Agreement, they shall only be modi-fied or limited to the extent specifically provided fortherein.

4.3 This Agreement contains all subjects, agreements,understanding and stipulations agreed upon be-tween the Company and Union, and no amend-

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ments or modifications to this Agreement may bemade, except when mutually agreed upon in writingby duly authorized representatives of the Companyand Union. No alleged oral agreement shall bemade the basis of or referred to in any grievanceduring the term of this Agreement. Any matters notincluded in this Agreement will be considered ashaving been omitted by intent and neither party mayraise such matters during the term of this Agree-ment. Management agrees to exercise its Manage-ment Rights in a manner that is consistent with theexpress provisions of this Collective Agreement.

ARTICLE 5 - NO STRIKES OR LOCKOUTS5.1

a) The Company agrees there will be no lockout dur-ing the term of this agreement.

b) The Union agrees that it shall not sanction, en-courage, ratify, authorize, acquiesce in, condoneor permit any of its members to take part in or sup-port any sit-down, stay-in, slowdown, overtimeban, curtailment of work, restriction of production,or other concerted activity including any strike, pri-mary, and secondary picketing, or work stoppage,whether complete or partial which has the effectof limiting or interfering with production or otherCompany operations.

5.2 The Union agrees that if any of the action describedin 5.1 above takes place, it shall repudiate any suchaction by Team Members and instruct Team Mem-bers to promptly return to work.

5.3 In addition to any other right or remedy the Com-pany may have, and without limitation thereof, theCompany shall have the right to discipline or dis-charge any Team Member participating in any wayin any violation of this Article and shall have the fur-

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ther right to discipline on a selective basis or to im-pose different degrees of discipline based on theCompany’s appraisal of the Team Member’s degreeof participation in such violation. In the event activityprohibited by this Article occurs during the life of thisAgreement, the Union, its officers, agents, servants,representatives, employees and members shall ex-ercise all powers and steps necessary and properto end such improper activity. The Union agreesthat the Company is entitled to expect and rely uponthis Article as providing the Company with uninter-rupted operations during the life of this Agreement.

ARTICLE 6 - UNION SECURITY

6.1 As a condition of employment, all Team Memberscovered by this Agreement are members of theUnion at the signing date of this Agreement, andduring the term of this Agreement must retain theirmembership in the Union by paying the regularmonthly dues levied against them.

6.2 All new Team Members upon completion of two-hundred-forty (240) hours worked shall becomemembers thereof, in good standing, in accordancewith the Constitution and Bylaws of the Union for thelife of this Agreement.

6.3 The Company will during the term of this Agreementdeduct an amount equal to the regular monthlydues, assessments and any initiation fees of aUnion Member from the earnings of each TeamMember covered by this Agreement, and probation-ary Team Member, who has worked or been com-pensated by the Company for forty (40) hours in anymonth. These deductions will be from the TeamMember’s earnings on the first payday in each cal-endar month and will be equal to an amount deter-mined by the Local Union. The amounts deducted

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will be transmitted to the Secretary-Treasurer of theUnion no later than the 21st day of the currentmonth in which such deductions are made. TheAdministration Manager will be notified in writing ofany changes to the deduction rate at least fifteen(15) days prior to the effective date of such change.Dues deductions will appear on T-4 slips for TeamMembers.

The Company and Union will work out a mutuallysatisfactory arrangement by which the Company willfurnish monthly records to the Financial Secretaryof Local 251 of those from which deductions weremade, together with the amount of such deductions.

6.4 The Union hereby indemnifies the Company, includ-ing its agents and Representatives acting on behalfof the Company, and holds it harmless against anyand all suits, claims, demands and liabilities thatmay rise out of, or by reason of, any action that shallbe taken by the Company for the purpose of com-plying with the foregoing provisions of this Article, orin the reliance on any list or authorization whichshall have been furnished to the Company underany such provisions.

ARTICLE 7 - UNION REPRESENTATION

7.1 The Company acknowledges the right of the Unionto appoint or otherwise select Union Stewards, whohave completed at least one year of service with theCompany, for the purpose of representing TeamMembers in the handling of complaints and griev-ances.

7.2 The Company agrees to recognize seven (7) UnionStewards inclusive of the Chairperson and one (1)from Skilled Trades. The Company agrees to rec-ognize alternates for these seven (7) stewards as

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appointed by the Union. An alternate Steward shallfunction only in the absence of the Steward onhis/her shift.

7.3 The Company shall be notified, in writing, by theUnion of the names of the Union Stewards and theareas they are representing and any changes madethereto, prior to being required to recognize them.

7.4 The Company agrees to recognize and deal with atwo (2) person Union Grievance Committee com-posed of a Union Steward and the Chairperson.

7.5 The Union acknowledges that Union representa-tives have regular duties to perform on behalf of theCompany. Wherever possible Union business willbe conducted as not to interfere with production.When the legitimate business of Union officials re-quires them to leave their workstations and/or de-partments, they shall first receive permission fromtheir supervisor. Where they are required to enteranother department they shall first receive the per-mission of that supervisor. Union representativeswill not interrupt Team Members engaged in a workactivity without the permission of that Team Mem-ber’s supervisor. Such time shall not be misused orabused and shall be restricted solely to pertinent in-vestigation of the grievance.

7.6 Where in the Company’s opinion, a Union officialtakes excessive time to conduct Union business theCompany reserves the right to require the Union of-ficial to return to work and cease Union business.

7.7 No Team Member will be compensated for time toconduct Union business which falls outside ofhis/her regular scheduled hours or on a Team Mem-ber’s regular day off. If a Steward is required by theCompany to conduct union business outside of

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his/her regular scheduled hours the Steward will bepaid the applicable rate for those hours.

7.8 The Union agrees that, except as provided for in thisAgreement, there will be no Union activity on thepremises of the Company except by agreement withthe Company.

7.9 When a newly hired Team Member commenceshis/her probation period, the Plant Chairperson (ordesignate) and the Joint Health and Safety Rep-resentative Co-chair (or designate) shall be al-lowed a total of forty-five (45) minutes for thepurpose of orienting the Team Members to theUnion’s organization and procedures at theplant.

7.10 The Union Chairperson shall be on straight days forthe duration of his/her term. When the populationof active employees working in the plant is 250or greater, the Company will pay the Chairper-son his regular wages for a non-overtime workweek to attend to Union/Company related mat-ters. In the event that there are less than 250 em-ployees actively at work in the plant, theChairperson will be allowed four (4) hours perday, five (5) days per week to attend Union/Com-pany related matters and the Company shall payfor this time spent on Union business at his reg-ular rate of pay.

The Union Stewards referred to in 7.2 shall head theseniority list for their classification and shift duringtheir term of office for purposes of classification re-duction, layoff and recall only. The Union agreesthat it may be necessary to effect shift changes asa result of the placement of the Chairperson ontothe day shift.

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7.11 The Company agrees to provide access to a privateroom and a facsimile machine for the purpose ofconducting Union business. The Company will alsoprovide a private secured location on the main floorof the plant, with heating and cooling, containing aprivate telephone, filing cabinet, and computer forthe sole use of the Union.

ARTICLE 8 – NEGOTIATING COMMITTEE

8.1 The Company agrees to recognize and deal with aNegotiating Committee of not more than four (4) in-clusive of the Union Chairperson who shall be Com-pany Team Members who have completed at leastone (1) year of service with the Company, one ofwhich shall be from skilled trades, plus duly author-ized representatives of the International Union, plusthe Local Union President.

The Company will cover the costs of lost hours fromwork (to a maximum of 100 hours per Committeemember) for time spent by the Negotiating Commit-tee in bargaining meetings with the Company for therenewal of the Collective Agreement.

8.2 The Company agrees to meet with the Union Nego-tiating Committee on a monthly basis. At the begin-ning of each year the Company and the Union willestablish a mutually convenient schedule for themonthly meetings. The Union Committee membersshall be allowed 30 minutes with pay immediatelyprior to the meeting to prepare for the discussion.The Union and Company shall establish and dis-tribute an agreed to agenda, one week prior tosaid meeting.

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ARTICLE 9 – GRIEVANCE PROCEDURE

9.1 A grievance is defined as an alleged violation of thisAgreement or a dispute as to the interpretation orapplication of any provision of this Agreement. Thegrievance and arbitration procedure under thisAgreement constitutes the sole and exclusivemethod of determination, decision, adjustment, orsettlement of any and all grievances or disputes asherein defined, whether or not either party to theAgreement considers the same as a material breachof the Agreement or otherwise.The following procedure will be followed in settle-ment of such grievance(s):

9.2 Step One – Supervisor Levela) The Team Member must submit his/her verbal

grievance to his/her supervisor or his/her supervi-sor’s representative, within ten (10) working daysfrom the date of the alleged violation of the agree-ment. The Team Member may discuss with aUnion Representative the circumstances sur-rounding the grievance prior to the verbal discus-sion with the Supervisor if so desired. Thesupervisor shall render a verbal decision to theTeam Member within three (3) working days fol-lowing this meeting.

b) If this Team Member is still aggrieved, the griev-ance shall be reduced to writing stating the natureof the grievance and the remedy sought, and shallbe presented by the Union Representative to theDepartment Manager within three (3) workingdays of the Supervisor’s response.

9.3 Step Two – Manager LevelIf the grievance has been submitted in writing in ac-cordance with the above a meeting will be arrangedbetween the Steward with the Team Member and

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the Department Manager, or his/her designated rep-resentative, within five (5) working days. The De-partment Manager will give his/her written reply tothe grievance to the Steward within five (5) workingdays following the meeting.

9.4 Step Three – Employee Relations SpecialistLevelIf the grievance has not been settled at Step Two,the Plant Chairperson, prior to the expiration of five(5) working days after receipt of the DepartmentManager’s written answer, may request a meetingwith the Employee Relations Specialist. A mutuallysatisfactory date will be established for the Em-ployee Relations Specialist or his/her designate tomeet. At the time the grievance is presented to theEmployee Relations Specialist or his/her designate,a representative from the International office of theUnion and/or a representative of the local may bepresent, if requested by the Union or the Company.The Company’s answer shall be given to the Union,in writing within five (5) working days following thismeeting.

9.5 Failing a satisfactory settlement in Step 3, the griev-ance must be submitted in writing to Arbitrationwithin thirty (30) calendar days of the date of theStep 3 answer. It is agreed that all time limits in Ar-ticles 9 and 10 are mandatory and that the only ex-tensions of time limits will be by the Union and theCompany themselves notwithstanding Subsection48 (16) of the Labour Relations Act. Extensions oftime limits shall be valid only if given in writing bythe party granting the extension. If no written an-swer to a grievance is given within the time limitsspecified, the grievance shall be advanced to thenext step of the grievance procedure. If the Unionfails to process the grievance to the next step withinthe prescribed time limits, the grievance shall termi-

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nate upon the basis of the last disposition. If theCompany does not dispose of a grievance within thetime limits prescribed (or within any period of a mu-tually agreed extension) the grievance shall bedeemed to have been referred to the next Step inthe grievance procedure and the time limit for pur-poses of the next step shall start to run from the datewhen the time for the Company’s disposition ex-pired.

9.6 Dischargea) A claim by a Team Member, other than a proba-

tionary Team Member, that he/she has been un-justly discharged shall be treated as a grievanceif a written statement of such grievance is lodgedwith the Employee Relations Specialist at Step 3within five (5) working days after the Team Mem-ber is notified of his/her discharge.

Such special grievance may be settled by:i) Confirming the Management’s action to dis-

charge the Team Member, or

ii) Reinstating the Team Member with full senior-ity and compensation for lost wages and ben-efits, or

iii) Any other arrangement, which in the opinion ofthe conferring parties, or the Arbitrator, is justand equitable.

b) If a Team Member is called to a meeting for thepurpose of receiving documented discipline, in-cluding counselling, such meeting will not be heldwithout a Union Steward present.

c) Where a Team Member has been issued a writtendisciplinary notation, the Team Member and theUnion shall receive a copy of the notation. Such

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disciplinary action shall be considered automati-cally final and closed unless a written grievance isfiled within five (5) work days from the date whenit was presented to the Team Member.

9.7 Policy GrievanceA Union policy grievance is one which affects theTeam Members as a whole or raises a matter ofgeneral application or interpretation of this Agree-ment.

A Union policy grievance or a Company grievancemay be submitted to the Company or the Union, asthe case may be, within ten (10) calendar days ofthe circumstances giving rise to the grievance. Ameeting between the representatives of the Com-pany and the Union shall be held at Step 3 withinten (10) calendar days of the presentation of thewritten grievance. The answer will be given in writ-ing within seven (7) days of the meeting. If the mat-ter is not disposed of at such meeting, the grievancemust be submitted to arbitration within thirty (30) cal-endar days of the date of the answer given and Ar-ticle 10 (Arbitration) shall apply. Time limits may beextended by mutual agreement in writing as pro-vided in Article 9.2. It is expressly understood thatthe provisions of this paragraph may not be used bythe Union to institute a grievance directly affectinga Team Member where such Team Member couldhim/herself institute and the provisions of Article 9.1hereof shall not thereby be bypassed.

ARTICLE 10 – ARBITRATION

10.1 Where a difference arises between the parties re-lating to the interpretation, application or adminis-tration of this Agreement, including any question asto whether a matter is arbitrable, or where an alle-gation is made that this Agreement has been vio-

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lated, either of the parties, after properly exhaustingthe steps of the Grievance Procedure set forth inthis Agreement, may notify the other party in writingof its desire to submit the difference to arbitration inaccordance with Article 9.5 and the notice shall con-tain the first party’s suggestions for an impartial Ar-bitrator. The recipient of the notice shall withinseven (7) calendar days inform the other party of thename of its suggestions. If the recipient of the noticefails to suggest an Arbitrator or if the parties fail toagree upon an Arbitrator within the time limits, theappointment shall be made by the Minister ofLabour for the Province of Ontario upon the requestof either party.

10.2 The Arbitrator shall not be authorized to make anydecision that is contrary to, or inconsistent with, theprovisions of this Agreement in any particular, nor todeal with any matter which is not covered by thisAgreement. In addition, the Arbitrator shall not havethe power to alter or change or substitute any of theprovisions of this Agreement. The Arbitrator will alsohave the powers to interpret and apply HumanRights and other employment related statutes. TheArbitrator will hear and determine the difference orthe allegation and shall issue a decision and the de-cision is final and binding upon the parties and uponthe Company and any Team member affected by it.

10.3 The compensation and expenses of the Arbitratorshall in all cases be borne equally by the Companyand the Union. Each of the parties to this Agree-ment will bear its own expenses.

10.4 The Arbitrator shall not be authorized to award anyrelief or remedy which would take effect earlier thanten (10) working days prior to the date on which thegrievance was filed.

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10.5 No matter may be submitted to arbitration which hasnot been carried through all required steps of theGrievance Procedure.

10.6 Unless the parties otherwise agree, not more thanone grievance shall be referred to the same Arbitra-tor at any given time.

ARTICLE 11 – SENIORITY

11.1 ProbationSeniority of a Team Member shall be defined aslength of continuous employment since the last dateof hire with the Company. The termination of a pro-bationary Team Member during the probation periodis not a matter covered by this Agreement and istherefore not grievable or arbitrable. Seniority shallonly be credited upon completion of the probation-ary period of five hundred twenty (520) hoursworked within a twelve (12) month continuous pe-riod. Seniority rights will apply only to the extent ex-pressly provided in the Agreement.

11.2 Seniority ListsThe Union will be issued an up-to-date seniority liston or about March 31st, June 30th, September 30th,and December 31st of each year. A copy shall beposted on the bulletin board for Team Member in-spection and a copy given to the Union Chairperson.Where two (2) or more Team Members are em-ployed on the same day, their seniority order shallbe determined by the lowest Team Member number.Such numbers will be assigned by random draw.

11.3 Seniority LostSeniority of a Team Member shall be lost and his/heremployment deemed terminated for any of the fol-lowing reasons:

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a) he/she quits his/her employment;

b) he/she retires;

c) he/she is discharged and such discharge is not re-versed through the Grievance or Arbitration Pro-cedure;

d) he/she does not perform work for the Company fortwenty-four (24) months for any reason, subject toany obligation to accommodate pursuant to theOntario Human Rights Code and/or the WorkplaceSafety & Insurance Act;

e) he/she is laid off for a continuous period equal tohis/her seniority at the time of such layoff, up totwo (2) years or for one (1) year, whichever islonger;

f) he/she is absent from work without notification formore than three (3) consecutive scheduled work-ing days, unless an explanation satisfactory to theCompany is given by the Team Member;

g) he/she overstays a leave of absence without se-curing the extension of such leave of absencefrom the Company, unless an explanation satis-factory to the Company is given by the TeamMember, or he/she performs work for another em-ployer or engages in self-employment during aleave of absence, without advance permissionfrom the Company;

h) he/she is recalled to work, but fails to return withinten (10) calendar days of notice to return, whichhas been sent by registered mail to his/her last ad-dress on record with the Company, unless theCompany deems there to be extenuating circum-

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stances, as established by the Team Member,which render the Team Member unable to returnto work. Any notice so given shall be deemed tohave been received on the tenth (10th) calendarday following the date of mailing;

i) he/she fails to return to work as scheduled oncethe Company has been notified that there is nomedical evidence for this Team Member not to re-turn to work.

j) A bargaining unit Team Member who accepts anon-bargaining unit position with the Companyshall retain and accumulate seniority for a periodof three (3) months from the date he/she leavesbargaining unit employment. At any time duringthis three (3) month period, the Company may re-turn the Team Member to his/her former position,seniority permitting. When such Team Member re-turns to the bargaining unit under this provision,the Team Member will pay the equivalent of uniondues for the period of his/her absence, prior to re-turning to the bargaining unit. Should the TeamMember go beyond this three (3) month periodhe/she may return to the bargaining unit, only asa new hire. The Team Member will only be al-lowed to exercise this provision, for purposes ofaccumulation of seniority, once during their em-ployment.

11.4 It will be the responsibility of the Team Member toprovide written notification of any changes in his/heraddress, telephone number and other personal in-formation retained by the Human Resources De-partment.

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11.5 LAYOFF OR CLASSIFICATION REDUCTION

When the Company deems it necessary to reducethe work force, the Company will give notice toTeam Members of any contemplated layoff in com-pliance with the Employment Standards Act. Whenit is necessary to reduce the workforce, studentsand temporary then probationary Team Membersshall be laid off first. In cases of layoff expected toexceed a period of five (5) days, the following provi-sions shall apply:

a) Team Members who are surplus to manpowerneeds in their classification and shift shall displacethe most junior Team Members in their classifica-tion on another shift, seniority permitting.

b) Team Members who have been displaced fromtheir classification and/or shift shall be recalled orreturned to their classification and/or shift in sen-iority order, when vacancies arise, prior to the ap-plication of 11.7.

c) In all cases of layoff, classification reduction or re-call a Team Member will assume the rate of payfor the position, which he/she is performing.

A Direct Production

1) If a Team Member is surplus to the manpowerneeds of his/her classification by the operation of11.5 (a) above, movement out of the Classificationshall be in reverse order of progression levels.

2) Seniority permitting, these Team Members shalldisplace the most junior Team Members in thenext lower Level of the Direct Production Progres-sion.

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3) In the event that no such junior Team Member ex-ists, seniority permitting, he/she shall displace themost junior Team Member in Production Support,excluding Maintenance, and training will be pro-vided. In the event that no such junior Team Mem-ber exists, he/she shall be laid off.

4) Team Members being displaced from Mixing andExtrusion and moving to Moulding must be quali-fied to perform the work of the Moulding classifi-cation. For those Permanent Mixing andExtrusion Team Members, who were in the classi-fication on November 23, 2001, training to performthe work of the Moulding classification will be pro-vided in the event that such Team Members candisplace Moulding Team Members by virtue oftheir seniority.

B Production Support – Logistics and Ware-house

1) If a Team Member is surplus to the manpowerneeds of his/her classification by the operation of11.5 (a) above, movement out of the Classificationshall be to Coating/Secondary or Moulding (if hehas previously held a job in Moulding) in the DirectProduction Progression.

2) Seniority permitting, these Team Members maydisplace the most junior Team Members in Mould-ing, if they have previously held a job in Mouldingor failing that, in Coating/Secondary.

3) In the event that no such junior Team Member ex-ists, seniority permitting, he/she shall displace themost junior Team Member in Production Support,excluding Maintenance, and training will be pro-vided. In the event that no such junior Team Mem-ber exists, he/she shall be laid off.

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C Maintenance

1) A Tradesperson’s seniority date shall be the dateof entry into the Tradesperson classification inwhich a Team Member is employed. Such senior-ity shall not be applicable to Production Depart-ments. In the event of a reduction in the workforceof the Maintenance Department, Team Memberswill be laid-off from their respective trades in ac-cordance with the following procedure:i) Non-Bargaining Unit hires performing general

plant maintenanceii) Probationary Team Membersiii) Most junior Team Member within the affected

trade

2) Recalls will be in the reverse order of lay-off to theaffected trade.

D Team Leaders

1) Team Leaders who are surplus to the manpowerneeds of the classification for which he/she is aTeam Leader shall be displaced in reverse orderof seniority. Such Team Leaders shall displace themost junior Team Member in the classification andshift, seniority permitting, for which he/she was aTeam Leader.

2) Further displacement will follow the layoff proce-dure in the affected classification; however a dis-placed Team Leader will not be permitted todisplace another Team Leader in a different clas-sification.

11.6 RECALL

a) Subject to the provisions of Article 11.5 (b), recallfrom layoff shall be in order of seniority providingthe Team Member is capable of satisfactorily per-forming the job.

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b) Team Members will be contacted for recall in thefollowing manner:i) For jobs up to and including five (5) days –phone call by a Company representative and wit-nessed by a Union Steward.ii) For jobs greater than five (5) days – phone callby a Company representative, witnessed by aUnion Steward; if no response, then registeredmail to his/her last address on record with theCompany. A copy of this registered mail will begiven to the Union Chairperson.

11.7 POSTINGS

a) All job postings will be copied to the Plant Chair-person at the time of the placement of the postingon the plant bulletin board, and if a job postinggrievance is lodged at Step 1 of the grievance pro-cedure, the Union will be provided with a copy ofthe sign up sheet for that particular posting.

All postings will remain on the bulletin board for aperiod of three (3) working days and will specifyclassification, shift and rate of pay, and temporaryor permanent. Subject to clauses 11.7(k) and11.7(l) below, selection shall be done by seniorityfrom amongst the applicants meeting the minimumobjective qualifications, (if required).

b) Seniority Team Members applying for postingsshall do so by signing the posted form. The Unionshall be provided with a copy of the job post-ing form and the completed signup sheet uponremoval of the posting.

c) The Company will post the name of the successfulapplicant to the posting within fifteen (15) workdays for Direct Production jobs and thirty (30)working days for Production Support jobs

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from the date that the vacancy is posted. Acopy of such notice will be provided to the UnitChairperson.

d) Successful applicants will be ineligible to apply forother postings for a period of six (6) months. TheCompany will waive this provision when it is nec-essary to fill vacancies resulting from; (a) an over-all increase in manpower requirements, (b)opening of a new classification, (c) a vacancywhere the Team Member wishes to change shiftssolely within his/her classification.

e) A Team Member awarded a posting and subse-quently disqualified by the Company will return tohis/her previous classification and shift, senioritypermitting.

Once a Team Member is awarded a postinghe/she will be placed in the vacancy as soon asreasonably possible, but in no case longer thanthirty (30) normal working days following the dateupon which all successful applicants for the vacan-cies resulting from the filling of the original va-cancy through the posting process have beenidentified. In the event that a successful applicantfor one of the vacancies is not placed within thethirty (30) normal working day period, a seventy-five (75) cents hourly premium or the rate ofthe classification that has been awarded,whichever is higher will be paid to the suc-cessful applicant.

f) Team Members who have successfully posted toa lower-rated classification will immediately, uponphysical transfer, assume the rate of that classifi-cation. Team Members who have successfullyposted to a higher-rated classification will imme-diately, upon physical transfer, assume the rate ofthat classification.

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g) Article 11.7 will not apply for the first twelve (12)months of a vacancy, where the vacancy iscaused by illness, injury, vacation, or any othertemporary absence, including pregnancy andparental leave. If the Team Member returns towork after twelve months, he/she will return tohis/her classification, and shift seniority permitting.

h) For purposes of the Collective Agreement, “quali-fications” and “qualified” shall be defined as skill,ability and education (when required and substan-tiated).

i) If the Team Member has knowledge that a postinghe/she is interested in will come up and be re-moved during his/her absence from work, he/shemay submit their name in writing to the Supervisor.Such Team Member will be considered along withother applicants for that particular posting.

j) Team LeadersThe Company will post Team Leader positions.Those eligible to apply will be from within the clas-sification that the Team Leader will work. TheTeam Members within this classification and shiftwill choose from among the successfulapplicant(s) which Team Member will be awardedthe position. For the purpose of this clause Coat-ing/Secondary Team Members will be included inthe vote for Moulding Team Leader.

k) Direct ProductionPermanent vacancies above Coating/Secondary,and the resulting vacancies arising, will be filled bytransferring Team Members in the following man-ner:

Mixing1st Move – Job Posting – All seniority Team Mem

bers in the plant may apply.2nd Move – Job Posting – All seniority Team Mem-

bers in the plant may apply.

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Note: In the event that there is a vacancy in a dayshift position following the 2nd Move, theCompany will post such position plant wideand the 3rd Move procedure will apply to anyresulting vacancy once the day shift positionhas been filled.

3rd Move – If above 2nd Move is filled by anotherDirect Production Team Member (Mix-ing, Extrusion, Moulding), then sameClassification Direct Production TeamMember from another shift by seniority.

4th Move – Job Posting – Team Members fromnext lower Direct Production Classifi-cation(s) than 3rd Move.

5th Move – Job Posting – Team Members fromnext lower Direct Production Classifi-cation(s) than 4th Move.

Extrusion1st Move – Job Posting – All seniority Team Mem-





4th Move – Job Posting – Team Members fromnext lower Direct Production Classifi-

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cation(s) than 3rd Move.5th Move – Job Posting – Team Members from

next lower Direct Production Classifi-cation(s) than 4th Move.

Moulding1st Move – Job Posting – All seniority Team Mem-





4th Move – Job Posting – Team Members fromnext lower Direct Production Classifi-cation(s) than 3rd Move.

5th Move – Job Posting – Team Members fromnext lower Direct Production Classifi-cation(s) than 4th Move.

When permanent openings occur in jobs on theday shift, in Coating/Secondary the Companywill post such openings plant wide and seniorityTeam Members will be entitled apply.

Permanent openings in jobs on the afternoon ornight shift in Coating/Secondary will also beposted plant wide. The posting will include theshift on which the opening is located and any

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seniority Team Member who is working on a dif-ferent shift from that on which the Coating/Sec-ondary opening is located shall be eligible toapply for such opening.

l) Production Support

The Classifications in Production Support are as fol-lows:

Warehouse Dept. Logistics Dept. Maintenance Dept.Shipper Storekeeper TradespersonServiceperson Receiver

Data CollectionInspector / AuditorQ.C. TestingKanbanCoating Mixer

1) For vacancies in Logistics and Warehouse classifi-cations and Maintenance, all seniority Team Mem-bers in the plant may apply.

2) Permanent vacancies will be filled by transferringTeam Members in the following manner:

1st Move – Job Posting – As per 11.7(l) 1) andfilled as per 11.7(a)

11.8 BACK-UPS

a) Permanent vacancies in backup positions will beposted and will be used for the following classifica-tions: Extrusion, Mixing and Moulding. Eligibility forbackup positions shall be per 11.7 (a), shift affected,as follows:Extrusion – Moulding Team MembersMixing – Moulding Team MembersMoulding – Coating/Secondary Team Members

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If insufficient applications are received from Mould-ing Team Members for backup Extrusion or Mixingvacancies, the Company will then accept applica-tions from Coating/Secondary Team Members.

b) A backup Team Member’s seniority rights shall re-main in his/her classification until he/she is perma-nently moved to the next higher level.

c) A backup Team Member will not have the right to re-fuse a temporary work assignment in the classifica-tion and shift for which he/she posted as a backup.The Company will utilize backup Team Membersprior to the application of Article 11.9 whenever pos-sible.

d) The Company will post backup positions, shiftaffected, for the following Production SupportJobs – Kanban, Serviceperson, Storekeeper, Re-ceiver, Coating Mixer and Q.C. Testing.

11.9 TEMPORARY TRANSFERS

a) The right to temporarily transfer Team Members be-tween classifications and job assignments is essen-tial to the maintenance of efficiency, and is the soleresponsibility of the Company.

b) Temporary transfers greater than five (5) workingdays will be made by seniority on a voluntary basis,provided the Team Member is capable of satisfac-torily performing the work required and such transferdoes not interfere with normal operations or effi-ciency. In the event such transfers cannot be filledon a voluntary basis, the least senior Team Membercapable of satisfactorily performing the work re-quired may be temporarily transferred.

c) A Team Member temporarily transferred to another

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classification or job assignment will be paid a mini-mum of one (1) hour, and all subsequent hoursworked at the rate of his/her normal rate of pay orthe rate of pay for the job he/she is transferred to,whichever is higher.

d) The Company agrees that temporary transfers orBack-up Team Members will not be used to circum-vent the posting procedure for permanent vacan-cies.

11.10 ROTATION

The Company may rotate Team Members within aclassification and shift.

11.11 Where a Team Member has been displaced from hisclassification and where a Team Member performinga job in his former classification is absent for morethan 10 working days, the Company will offer thedisplaced Team Member (by seniority) an opportu-nity to work in his former classification (if qualified)provided that it is on the same shift for the durationof the latter Team Member’s absence in lieu of usingBackups and Temporary Transfers.

Notwithstanding the above, if the Company has de-finitive information that a Team Member will be ab-sent for 30 days or more, the Company will offer thedisplaced Team Member (by seniority) an opportu-nity to work in his former classification (if qualified)regardless as to the shift for the duration of the ab-sent Team Member’s absence in lieu of using Back-ups and Temporary Transfers.

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ARTICLE 12 - HOURS OF WORK AND OVERTIME

12.1It is expressly understood and agreed that the pro-visions of this Article, as set out below, are intendedonly to provide a basis for calculating time workedand computing overtime and shall not be considereda guarantee as to the hours of work per day or perweek.

12.2 Normally, shifts for all Team Members, will be sched-uled as follows. The Company will make a sincereeffort to follow this schedule. It is understood, how-ever, that shift and break schedules are subject tochange, at the Company’s discretion, based uponproduction and customer needs.

#1: 11:00 p.m. to 7:15 a.m. – Night Shift#2: 7:00 a.m. to 3:15 p.m. – Day Shift#3: 3:00 p.m. to 11:15 p.m. – Afternoon Shift

Where possible, breaks will normally be observedas follows:

First Break – after at least one (1) hour of work inthe first half of the shiftSecond Break – prior to the last hour of work in thesecond half of the shift

Workday and BreaksFor the purpose of computing overtime pay, thework week starts at 11:00 p.m. Sunday and ends at10:59 p.m. the following Sunday. There will be athirty (30) minute break for lunch during each shift.Fifteen (15) minutes of this thirty-(30) minute lunchbreak will be paid for by the Company. Team Mem-bers working eight (8) hour shifts shall receive two(2) fifteen-(15) minute paid breaks in addition to thelunch break.

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a) If a Team Member is required to work at least two(2) hours of overtime before or after his/her regularshift hours (8 hours 15 minutes), he/she will be en-titled to a fifteen-(15) minute paid break.

b) If a Team member is required to work an overtimeassignment of four (4) hours before or after his/herregular shift hours (8 hours 15 minutes), he/shewill be entitled to two (2) fifteen-(15) minute paidbreaks.

c) A Team Member who works a four-(4) hour over-time assignment on the weekend shall be entitledto a paid fifteen-(15) minute break upon the com-pletion of the first two (2) hours of work performed.

12.3 OvertimeThe parties to this agreement recognize that theneeds of the business require the performance ofovertime work from time to time. Overtime will bevoluntary in the first instance; however, when allqualified Team Members in the plant have been can-vassed and insufficient volunteers have been found,the Company, Union and Team Members agree thatperformance of overtime shall be mandatory for thejuniormost qualified Team Members in the Classifi-cation where the work is required. Team Memberscannot be mandatoried for overtime for two (2) con-secutive weekends.

The Company will advise Team Members requiredto work weekend overtime shifts by 3:00 p.m. on theThursday immediately prior to the weekend shiftsrequired. This will be done by posting a list on theovertime board. Should the Company require addi-tional overtime following posting of the list, suchovertime shall be filled by initially canvassing for vol-unteers. If such canvas does not satisfy the require-ments, it shall be mandatory for the junior most

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qualified Team Members in the Classification wherethe work is required to work such weekend over-time.

On behalf of all Team Members in the bargainingunit, the Union consents to Team Members workingextra hours beyond eight (8) hours in a day or forty-eight (48) hours in a week to a maximum of sixty(60) hours weekly, all subject to the provisions of12.3d).

a) Overtime at one and one-half (1½) times the reg-ular straight time base rate will be paid as follows:i) Hours worked in excess of eight (8) in a dayii) Hours worked in excess of forty (40) in a workweek, for which overtime has not previously beenearnediii) Hours worked on a Saturday

b)Overtime at two (2) times the regular straight timebase rate will be paid as follows:i) Hours worked on a Sundayii) Hours worked on a contractual holiday as statedin Article 18.5

c) No pyramiding of hours: hours in a work weekpreviously paid at a premium rate will not be usedto qualify for overtime later in the work week

d) Overtime shall be voluntary for a Team Memberimmediately prior to or following his/her scheduledvacation, provided that the Friday immediately be-fore or the Monday immediately after the weekendis a vacation day for the Team Member. If the Fri-day immediately before or the Monday immedi-ately after the weekend is a recognized plantholiday, he/she will not be required to work over-time on the weekend if the work day immediately

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before or immediately after the holiday is a vaca-tion day, after eight (8) hours worked in a day, afterforty-eight (48) hours worked in a week or onChristmas Day, Boxing Day or New Years Day.Any Team Member who is mandatoried to work onany plant holiday, other than Christmas Day, Box-ing Day or New Years Day, will be allowed a mu-tually agreed upon day off without pay, within threecalendar months of such holiday. If the TeamMember so indicates at the time the overtime isworked, the Company will bank his holiday payand pay it to him on his pay during the week thatthe holiday lieu day is taken.

12.4 Overtime DistributionTeam Members shall be divided into overtimegroups by process on which they work. In the eventthat a Team Member is mistakenly overlooked forovertime, if such mistake is brought to the Supervi-sor’s attention after the overtime starts, that TeamMember will head his/her list for purposes of thenext opportunity. If such mistake is brought to theSupervisor’s attention before the overtime assign-ment starts, and if the Supervisor agrees that a mis-take has been made, the overtime assignment willbe changed. If it is not changed, the Team Memberwill be paid as if he/she worked the overtime.

a) Weekday OvertimeWeekday overtime will normally be offered inblocks of up to four (4) hours so that wheneverpossible, Team Members shall not be required towork more than twelve (12) consecutive hours.Where eight (8) hours of overtime is required, thiswill be accomplished by utilizing a combination ofpre and post shift overtime, offered to Team Mem-bers who are scheduled to work the shifts preced-ing and succeeding the eight (8) hour period inwhich the overtime is required. Whenever possi-

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ble, the overtime will be offered so as to eliminatethe need for Team Members to work split shifts, sothat the first priority for overtime shall be to thegroup of Team Members for whom the overtimewill represent work continuous with their regularlyscheduled shift.

b) Weekday and weekend overtime will be offered inrotational seniority order to Team Members in thefollowing manner:

1) Team Members working on the process within aDirect Production classification (or within a classi-fication in Production Support) in which the over-time is required, if they are capable of performingthe work in question. Team members who havebeen temporarily transferred to a process for lessthan five (5) working days shall be last in priorityfor weekend overtime under this clause.

2) Team Members working on other Direct Produc-tion processes within the classification, in whichthe overtime is required, if they are capable of per-forming the work in question.

3) Other Team Members, including Team Leaders,capable of performing the work in question.

c) Team Leader overtime work is work that shall onlybe offered to Team Leaders. For distribution pur-poses Team Leaders shall be considered part oftheir own overtime distribution group called TeamLeaders within their classification. Weekday andweekend overtime will be offered in rotational sen-iority order to Team Leaders using the method setout in Articles 12.4a) and 12.4b).

d) Maintenance

All overtime in the Maintenance department will bedistributed within each trade in rotational seniorityorder.

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12.5 In the event that the Company decides to implementa weekend shift schedule, the hours of work shallbe twelve (12) per shift on each of a Saturday shiftand a Sunday shift. Pay for these twenty-four (24)hours of work shall be forty (40) hours. Attached tothis agreement is a Letter of Agreement outliningterms and conditions of employment for the Week-end Shift Team Members.

12.6 The parties agree that the Maintenance Departmentwill continue the practice of shift rotations for the du-ration of this Agreement.

12.7 Mutual Exchange of ShiftsSubject to the following conditions, Team Membersmay exchange shifts on the same scheduled workday with another Team Member to accommodatespecial occasions:

a) Such arrangements are not considered a changeof schedule;

b) Mutual changes will only be considered when shiftteam strength is sufficient to minimize risk to theoperation;

c) Mutual change will not result in additional cost tothe Company and shall be for full shift periods.

d) Mutual changes must be documented and ap-proved in advance by the Supervisors of bothTeam Members involved;

e) Exchanging Team Members must be fully qualifiedand performing the same job function;

The Company may cancel the use of mutuals fora Team Member if operations have been impactedor that this privilege is being abused by the TeamMember.

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ARTICLE 13 – CALL-BACK13.1

a) When any Team Member who has completedhis/her regularly scheduled shift and has left theplant is called back to work, he/she will be paid forthe time actually worked at the applicable rate.The minimum payment for call-back work will beequivalent to payment for four (4) hours work atthe Team Member’s applicable overtime rate un-less he/she starts to work two (2) hours or less be-fore his/her regular start time, in which casepayment will be at the overtime rate for the actualhours worked, provided he/she completes his/herregularly scheduled hours for that day.

b) A call-in to begin work early for a regular sched-uled shift does not qualify for the call-in minimum.These hours will form a part of the total hoursworked on the scheduled shift.

13.2 Reporting AllowanceIn the event that a Team Member reports for workon his/her regular shift, without having been notifiednot to report, he/she will be given at least four (4)hours work at his/her regular rate of pay or if nowork is available he/she will be paid the equivalentof four (4) hours at his/her regular rate of pay in lieuof work. This provision shall not apply when thereis a lack of work due to a situation beyond the con-trol of the Company. This provision shall not applyif the Team Member has not kept the Company in-formed of his/her current phone number.

ARTICLE 14 – LEAVE OF ABSENCE

14.1 Personal LeaveThe Company may grant an unpaid leave of ab-sence for serious and legitimate personal reasons.Requests for such leave shall be made in writing to

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the Company stating the reason for such requestand the proposed duration, at least one (1) week inadvance of such leave, except in cases of emer-gency.

14.2a) Union Leave

The following leaves of absence will be granted forpurposes of Union business without pay. Allleaves for Union business will be determinedtaking into account the needs and efficienciesof the operation including any requests forleaves in excess of any limits contained in thisclause. Such leaves are limited to no more thanfour (4) Team Members at a time, and not morethan six (6) total weeks per Team Member of suchleave in any year. The Negotiating Committee willbe allowed leave of absence for preparation forand during contract negotiations with the Com-pany. Additionally, up to six (6) Team Members,who are members of the Local Union ExecutiveBoard, will be given the necessary time off to at-tend the regular Local Executive Board meeting.The Employee Relations Specialist, or his/her des-ignate, must be given a minimum of five (5) work-ing days notice of such leave of absence. Benefitsand seniority shall continue to accumulate duringsuch Union leave.

b) A Team Member elected or appointed to a full-timeposition with the Union shall, upon application andwith at least thirty (30) days written notice, begranted a leave of absence without pay for as longas the Team Member is elected or appointed to theUnion position. No more than one (1) Team Mem-ber will be granted a leave under this clause at atime. Upon the end of the elected or appointedposition, the leave of absence shall cease and theTeam Member shall notify the Company of the

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same. He/She shall have the right to re-employ-ment first to his/her former position if it exists, sen-iority permitting, provided he/she reports to workwithin fifteen (15) calendar days of the end of theUnion position. If he/she fails to report to workwithin the fifteen (15) calendar days, he/she shalllose his/her seniority and cease to be a TeamMember. The Team Member will be allowed tomaintain Company benefits provided the TeamMember and/or the Union pays all Company costsat the applicable rates on a monthly basis.

14.3 Bereavement Leavea) In the event of the death of members of a seniority

Team Member’s immediate family, the Team Mem-ber shall be granted up to a maximum of five (5)consecutive days off work. Such leave shall bewithout loss of pay from the Team Member’s reg-ular straight time hourly rate. Immediate familyshall mean spouse (including a legal common-lawspouse), parent, step-parent, child, step-child, orsame-sex partner if that partner is shown in theCompany records as the Team Member’s partneras of the date of death.

b) In the event of the death of a seniority Team Mem-ber’s brother, sister, step-brother/sister, mother/fa-ther-in-law, son/daughter-in-law, orbrother/sister-in-law, or grandson/daughter, aleave up to three (3) consecutive days off workshall be granted without loss of pay from the TeamMember’s regular straight time hourly rate, if theTeam Member attends at the funeral or memorialservice.

c) In the event of the death of a seniority TeamMember’s grandparent, two (2) days off workshall be granted without a loss of pay from theTeam Member’s regular straight time hourly rate.

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One (1) day off work without loss of pay shall begranted if a Team Member’s spouse’s grandpar-ent passes away.

d) Time off with pay, under this Article, is not providedif the Team Member is otherwise scheduled to beabsent or is absent from work at the relevant time,excluding vacation, contractual holidays, Satur-days and Sundays. Where a Team Member claimsbereavement leave, the claim shall be verified byproduction of proper documentation by the TeamMember to establish relationship and attendanceat the funeral or memorial service.

14.4 Jury Duty or Crown WitnessShould a Team Member be called for jury duty or se-lection or subpoenaed as a Crown witness in a crim-inal proceeding, the Company will supplementhis/her jury or witness pay to ensure that the TeamMember will receive the total monies equivalent tothe lost straight time regularly scheduled hours forthose days he/she would have actually been at workduring his/her service on a jury or as a Crown wit-ness. In calculating the jury duty pay or witness fee,any travelling allowances or out of pocket expensesthat have been paid to a Team Member by the Courtshall not be included. In order for a Team Memberto qualify for payment under this Article, he/shemust:

a) Notify his/her Supervisor immediately of the timewhen he/she is required to report to court for juryduty or selection or witness duty, so that proper re-lief may be arranged;

b) Provide a written statement to the Company indi-cating the date(s) of his/her service as a juror orjury selection or witness, the time so spent and thefee received for his/her services as a juror or wit-ness.

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14.5 Benefit coverage for Personal Leave will cease atthe end of the month following the month in whichthe leave commences, while seniority shall continueto accumulate.

14.6 Requests for leave of absence for Pregnancy orParental reasons will be granted as defined by theEmployment Standards Act and any amendmentsthereto.

14.7 Military LeaveThe Company agrees to grant seniority Team Mem-bers a leave of absence only for mandatory MilitaryService. Emergency leave will be granted for aslong as required. Any leave requested must be sup-ported by proper Military documentation as far in ad-vance as possible. Seniority will continue duringsuch leave.

14.8 Volunteer Fire FightersTeam Members who are volunteer fire fighters withan official fire department shall document this statuswith the Company and keep this information up-dated at all times. If such Team Members are pagedto respond to a fire-related emergency, they mayleave the plant provided that they notify the super-visor prior to leaving the plant. This is an unpaidleave, and shall be for a maximum of the balance ofthe work week in which they were paged.

ARTICLE 15 – BULLETIN BOARDS15.1 The Company will provide for the exclusive use of

the Union, two (2) bulletin boards, glass en-closed and lockable in the plant to be preparedand located by agreement between local manage-ment and local plant committee members. All no-tices are to be submitted to the Employee RelationsSpecialist, or his/her designate, for approval prior tobeing posted.

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ARTICLE 16 – ABSENCE FROM WORK

16.1 Reporting Absences Team Members are required to attend work regu-larly. When unable to attend, the Team Membermust contact the Company as far in advance aspossible of his/her start time, giving their reasonhe/she is unable to attend work and the date ofhis/her expected return if known. A Team Memberis required to update the Company throughouthis/her period of absence

16.2 Payment for Injured Team MembersIn the event that a Team Member is injured in theperformance of his/her duties and based on medicaldocumentation is absent from work, he/she shall, tothe extent that he/she is required to stop work andreceive treatment, be paid at his/her applicable ratefor the hours absent during the shift that the injuryoccurred. The Company will provide or arrange forsuitable transportation on the day of the injury forthe Team Member to the doctor or hospital and backto the plant and/or his/her home.

16.3 Once a Team Member becomes injured he/she shallreport such injury as soon as possible to his/her Su-pervisor.

16.4 Where the Company does not consider it has suffi-cient information to assess the Team Member’s abil-ity to return to work, it may request furtherinformation. A Team member may be required to at-tend an independent medical examination con-ducted by medical consultant(s) of the Company’schoosing. Should the Company require independ-ent medical examinations, such examinations shallbe paid for by the Company. In WSIB related mat-ters the Act shall apply.

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16.5 Any Team Member’s reinstatement to work is con-ditional on his/her supplying satisfactory evidencefrom a physician indicating that he/she is recoveredand/or capable of performing available work, whenreturning from the occupational illness/injury or non-occupational illness/injury which caused his/her ab-sence. The Company and the Union recognize theirobligations to cooperate in accommodating TeamMembers with disabilities in an effort to facilitate theTeam Member’s early and safe return to their posi-tion, or to suitable work when and while available.The Team Member has an obligation to cooperatewith this accommodation.

ARTICLE 17 – VACATIONS

17.1 For purposes of both earning and the taking ofearned vacation the vacation year shall be from May1 to and including April 30 of the following year.

17.2a) Team Members who have less than one (1) year

of continuous service on the first day of May ofeach year shall earn one (1) day of vacation timefor each full month of service up to a maximum often (10) days vacation time. Vacation pay shall be4% of earnings in the vacation year. Such vaca-tion earned prior to May 1 of each year shall betaken after May 1.

b) A Team Member who has completed one (1) yearof continuous service, but less than five (5) yearsof continuous service on the first of May of eachyear shall receive two (2) weeks vacation time,which will be taken in the following vacation year.Vacation pay shall be 4% of earnings in the vaca-tion year.

c) A Team Member who has completed more thanfive (5) or more years of continuous service, but

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less than ten (10) years, shall receive on comple-tion of five (5) years of continuous service a thirdweek of vacation. The vacation pay for this thirdweek will be based on earnings in the previous va-cation year. From this point forward on the first dayof May of each year, this Team Member shall re-ceive three (3) weeks of vacation time, which willbe taken in the following vacation year and paid at6% of earnings in the vacation year.

d) A Team Member who has completed ten (10) ormore years of continuous service, but less than fif-teen (15) years, shall receive on completion often (10) years of continuous service a fourthweek of vacation. Vacation pay for this fourthweek will be based on earnings in the previousvacation year. In future years, the Team Mem-ber will receive four (4) weeks of vacation timewhich will be taken in the following vacationyear and paid at 8% of earnings in the vacationyear.

e) A Team Member who has completed more than fif-teen (15) years of continuous service shall re-ceive on the completion of fifteen (15) years ofcontinuous service a fifth week of vacation. Va-cation pay for this fifth week will be based onearnings in the previous vacation year. In fu-ture years, the Team Member will receive five(5) weeks of vacation time which will be takenin the following vacation year and paid at 10%of earnings in the vacation year.

17.3 Vacation pay will be paid one week in arrears ofwhen vacation time is taken. Any balance owing willbe paid at the end of the vacation year, or if theTeam Member chooses and certifies that he hasavailable RRSP room for that tax year, will be paidinto the Team Member’s RRSP account. All vaca-

47

tion pay is calculated as a percentage of the TeamMember’s earnings in the vacation year. For pur-poses of the calculation of vacation pay, earningswill be defined as all regular and overtime hourspaid together with any shift premium paid.

17.4a) Service for vacation purposes shall mean the total

length of a Team Member’s continuous servicesince their last date of hire with Waterville TG Inc.

b) The Company reserves the right to limit the num-ber of Team Members that can be away on vaca-tion at any time from any particular classificationor shift based on operational requirements.

c) Vacation time may be taken at any time during thevacation year, but shall not be cumulative fromyear to year and shall not be carried over into thenext vacation year. Team Members shall submittheir vacation requests on a Vacation RequestForm to the Supervisor no later than March 15th ofeach year and the Company will notify Team Mem-bers of the results of their requests no later thanApril 15th of each year. Team Members who maketheir requests within the above submission dead-line shall be given preference with due regard toseniority, with respect to their vacation periodswithin their classification subject to the Company’srequirement as to sufficient availability of staff tomeet the needs of the customers.

d) Vacation requests made after March 15th will begranted on a first come first serve basis subject tooperational requirements. The Company will re-spond to all vacation requests within one week.Once vacation requests have been granted theywill not be altered by either the Company or theTeam Member, except under extraordinary circum-

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stances as described by either the Team Memberor the Company, and with consent of both parties.

e) Upon request from the Team Member, the Super-visor will provide him/her with a copy of the vaca-tion request form at the time it is submitted.

ARTICLE 18 – PLANT HOLIDAYS

18.1 The Company recognizes the following as paidholidays for eligible Team Members:

18.2 To be eligible for holiday pay a Team Member musthave worked the scheduled plant shift immediatelyprior to and immediately following the holiday, un-less he/she has received prior permission from theCompany to be absent on either or both days, or avalid reason acceptable to the Company is given forhis/her absence on either or both days. A TeamMember who does not report for a scheduled workassignment on a holiday after having agreed to workon the holiday, shall lose his/her entitlement to holi-

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Members: New Years Day Civic Holiday Good Friday Labour Day Easter Monday Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day Plus two (2) additional holidays fixed by the Company to be observed during

the Christmas Holiday season.

Holiday 2014 Christmas Floater (1) Wednesday, Dec. 24/14

Christmas Day Thursday, Dec. 25/14 Boxing Day Friday, Dec. 26/ 14

Christmas Floater (2) Wednesday, Dec. 31/14 Holiday 2015 New Year’s Day Thursday, Jan. 1/15 Good Friday Friday, Apr. 3/15 Easter Monday Monday, Apr. 6/15 Victoria Day Monday, May 18/15 Canada Day Wednesday, July 1/15 Civic Holiday Monday, Aug. 3/15 Labour Day Monday, Sept. 7/15 Thanksgiving Day Monday, Oct. 12/15 Christmas Floater (1) Thursday, Dec. 24/15 Christmas Day Friday, Dec. 25/15 Boxing Day Monday, Dec. 28/15 Christmas Floater (2) Tuesday, Dec. 29/15

NOTE:

The Company will post the Plant Holidays by

January 15 for each year of the Collective

Agreement.

day pay, unless a valid reason acceptable to theCompany is given.

18.3 Holiday pay for eligible Team Members will be cal-culated by multiplying eight (8) hours by the TeamMember’s base hourly rate of pay except for thoseTeam Members who have not earned wages on atleast five (5) days during the twenty-eight (28) cal-endar days immediately preceding the holiday. Inthe latter case, such Team Member’s holiday payshall be equal to the total amount of regular wagesand vacation pay payable to the Team Member inthe four (4) work weeks immediately preceding thework week in which the holiday occurred, divided bytwenty (20).

18.4 If a holiday occurs during a Team Member’s vaca-tion period, he/she will be given a day off in lieu ofthe holiday on either the last regularly scheduledwork day before the vacation time or on the first reg-ularly scheduled work day following the vacationtime, provided that he/she qualifies for the holiday.

18.5 If a Team Member works on one (1) of the aboveholidays, he/she shall receive his/her regular holidaypay (if he/she so qualifies for it) for that day, plusdouble time for all hours worked.

18.6 Overtime hours can be accumulated to compensatefor the number of regular working days off in con-nection with the Christmas holiday period.

ARTICLE 19 – NON-DUPLICATION OF BENEFITS

19.1 A Team Member shall not receive wages or other al-lowances such as holiday pay, vacation pay, shortterm disability, long term disability, workers compen-sation, bereavement leave or other similar benefitsfrom more than one (1) source for the same day or

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part day thereof, whichever is applicable. This pro-vision shall not apply in the case of a graduated re-turn to work program where the Team Memberreceives partial payments totaling a full day’s payfrom more than one source.

ARTICLE 20 – SHIFT PREMIUM

20.1 A shift premium will be paid to qualifying Team Mem-bers to compensate them for the inconvenience ofworking shifts other than day shifts. Effective uponratification:

Afternoon Shift – 40 cents per hour worked on thescheduled shift for any shift commencing after 11:00a.m.

Night Shift – 55 cents per hour worked on thescheduled shift for any shift commencing after 7:00p.m.

Shift premium will not form part of the Team Mem-ber’s base hourly rate of pay.

ARTICLE 21 – QUALITY

21.1 To remain competitive in our business the Union andTeam Members recognize the need of the Companyto adhere to the commitment of Customer Delightthrough the requirements of Quality, Delivery andPrice all of which is consistent with the terms of thisCollective Agreement.

21.2 Quality is defined as fully meeting the customer’srequirements with zero defects or non-conformance.It is recognized by the Company, Union and allTeam Members that the quality level of products anddelivery is essential to the very existence of theplant. Team Members will be asked to participate in

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the decision making process in their work areas,along with other Team Members, to discuss im-provements to the product and process.

21.3 The Union, Company and Team Members will par-ticipate together to achieve our common goals whilerespecting our values.

ARTICLE 22 – HEALTH & SAFETY

The Company and the Union agree to continue towork cooperatively to maintain a safe workplace forall Team Members. The Team Members and theCompany will work to maintain sanitary arrange-ments throughout the plant, provide necessarysafety equipment and give attention to the elimina-tion of any unsafe act or unsafe condition which is ahazard to the safety and health of the Team Mem-bers. Nothing in the agreement shall preclude theCompany or any of its Team Members from exercis-ing their rights provided by the Occupational Healthand Safety Act of Ontario and applicable regulationsfor industrial establishments. All representatives onthe Joint Health and Safety Committee shall be eli-gible to participate in appropriate safety training thatis provided by the Company.

The Company agrees to recognize a committee offour (4) worker members who shall serve as mem-bers of the Joint Health and Safety Committee, one(1) of whom shall serve as Co-chairperson of theJoint Health and Safety Committee. The Companyagrees to recognize one (1) Health and Safety Rep-resentative for the afternoon shift, one (1) Healthand Safety Representative for the night shift, andone (1) Health and Safety Representative for theweekend shift. The Union Co-Chairperson of theJoint Health and Safety Committee will be pro-vided with a lockable filing cabinet, desk andchair to be located in the Union office.

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22.1 The Company agrees to assume the cost of provid-ing the following equipment to all Team Membersand the Team Members agree that such equipmentmust be worn at all times during working hours.

22.2 Safety Footwear

a) With the exception of Team Members in the Main-tenance or Mixing functions, the Company will re-imburse Team Members (maximumreimbursement is $120 effective in first year) forthe cost of safety shoes. Such footwear will be re-placed once every contract year.

b) For Team Members in the Maintenance and Mix-ing functions, the Company will reimburse TeamMembers (maximum reimbursement is $150 ef-fective first year) for the cost of safety boots.Such footwear will be replaced once every con-tract year.

22.3 Safety Eyewear

The Company will provide safety eyewear for TeamMembers as required. For those Team Members re-quiring prescription eyewear, 100% of the cost oflenses will be paid and frames will be covered to amaximum of $85. The Company may direct TeamMembers to purchase such eyewear from suppliersdesignated by it.

Prescription eyewear will be replaced when theTeam Member demonstrates to the satisfaction ofthe Health and Safety Specialist that such eye-wear is damaged to the extent that it can no longerbe properly used or that his/her vision has changedsuch that a new lens prescription is required.

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22.4 The Company to provide Team Members with safetyglasses or goggles, hearing protection and protec-tive clothing (rainwear and winter coats) or equip-ment, on an as needed basis.

22.5 When health and safety testing is conducted inthe plant, a worker representative on the JointHealth and Safety Committee or a shift Healthand Safety representative will be offered the op-portunity to observe the testing, if such workerrepresentative is present in the plant at the timethe testing is being conducted. For clarification,passive monitoring does not constitute testingfor the purposes of this clause.

ARTICLE 23 – MEDICAL EVIDENCE

23.1 Upon receipt of proper proof, the Company will re-imburse Team Members for the cost of any physi-cian’s certificate or report required by the Companyto be produced. Maximum amount of reimburse-ment shall be $25.

The Company will not reimburse Team Members forthe cost of medical evidence not required by it in-cluding completion of Weekly Indemnity claimforms.

ARTICLE 24 – TRAVEL EXPENSES

24.1 If a Team Member is required by the Company totravel to an offsite location, the Team Member willbe reimbursed for reasonable expenses incurred asper the Waterville TG travel policy and upon pres-entation of proper receipts for such expenses.

a) When the Company obliges a Team Member tospend time travelling off site to perform work,he/she will be paid in the same manner as for workperformed under Article 12.

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b) For travel off site which takes place during regu-larly scheduled hours for purposes other than per-forming the work of the Team Member’sclassification, there will be no loss of pay from reg-ularly scheduled hours. However, at no time willovertime or premium time be payable for timespent travelling for these purposes. Examples ofassignments contemplated under this clause (b)are conferences, training, plant tours, and othermeetings or functions which do not involve per-formance of the work of the Team Member’s clas-sification.

ARTICLE 25 – EDUCATIONAL ASSISTANCE

25.1 The Company may approve requests by TeamMembers for financial assistance to reduce certaincosts of courses at an approved educational institu-tion where such courses are directly related to thejob performed by a Team Member.

If approved, the Company will pre-pay the cost oftuition and books for the course upon presentationof proper invoices for such expenses. The TeamMember shall also be required to provide a tran-script showing the mark achieved in such a courseupon completion. In the event that the Team Mem-ber does not achieve a passing grade in the course,the provisions of this clause shall constitute writtenauthorization of the Team Member under the Em-ployment Standards Act to deduct 10% of the costof the tuition and books paid by the Company fromeach pay cheque of the Team Member until theCompany has been fully reimbursed. Where theTeam Member ceases to work for the Company, theCompany may deduct all such amounts owing fromthe Team Member’s final pay cheque and/or vaca-tion pay accrued.

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ARTICLE 26 – TOOL ALLOWANCE

26.1 Team Members who require hand tools in the per-formance of their duties shall provide their own toolsas specified by their Department Manager. TheCompany will provide specialty tools which are toolsspecifically for a particular piece of Company equip-ment.

26.2 The Team Members are responsible for the care,maintenance and replacement of these tools, unlessbroken, or damaged by water or fire in performanceof his/her duties, or wear and tear from use on thejob has rendered the tool unusable in the Mainte-nance Manager’s opinion. In such case, the toolswill be replaced with tools of similar value and qual-ity by the Company.

26.3 The Company will grant an annual tool allowance of$325 effective January 1, 2015$350 effective January 1, 2016$375 effective January 1, 2017for pre-approved tool purchases. In addition to theannual tool allowance, the Company will reimburseto the Team Member any and all applicable salestaxes.

Effective November 25, 2008 a Team Member maycarry over any unused portion of the annual tool al-lowance from one contract year and apply it to thetool purchases referred to above together with hisallowance for the following contract year providedthat the carryover amount is used on or before Jan-uary 31st of the next calendar year. It is understoodthat the purpose of the carryover is to permit atradesperson to acquire a tool(s) necessary for workin the plant which cost exceeds the annual tool al-lowance.

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26.4 Team Members eligible for this allowance are:a) Tradespersons

26.5 The Company will provide a designated area tostore Team Member-owned tools.

ARTICLE 27 – SMOKING

27.1 The Company agrees to maintain the current smok-ing policy for the duration of this agreement.

ARTICLE 28 – SKILLED TRADES

28.1 Those Tradespersons in our Maintenance Depart-ment as of the date of ratification of the first Collec-tive Agreement who have not attained Journeymanstatus, shall be recognized as having met WatervilleTG Inc.’s requirements as a Journeyman.

28.2 The Company will meet with the skilled trades com-mittee person to discuss the use of outside mechan-ical or electrical services prior to the performance ofknown equipment installation, modification to exist-ing equipment and/or equipment adjustments. Thisshall not apply in the event of urgent repair work.

28.3 The Company will reimburse all trades, to amaximum of $120 (plus tax) annually, for gov-ernment fees incurred with respect to the re-quired renewal of a Team Member’s Certificateof Qualification. Such reimbursement will applyto trades in which the Team Member is requiredto work in during the course of his employmentat the Company and will be made upon presen-tation of a proper receipt.

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ARTICLE 29 – BENEFITS

29.1 The parties agree that bargaining unit Team Mem-bers’ membership in the current retirement savingsplan and benefit plans shall be continued for the du-ration of the Collective Agreement. Such benefitswill not be reduced during the term of the CollectiveAgreement.

29.2 Team Members will be provided with a booklet de-scribing the benefits in detail, however it is agreedthat the master insurance contracts shall be the gov-erning documents. Upon request in writing, theUnion will be provided with a copy of the master in-surance contract. It is agreed that the Company’sobligations shall be to pay the premiums outlined inthe booklet necessary to provide the level of bene-fits outlined in the booklet entitled “Your Group In-surance Benefits” for Team Members of theCompany’s Ontario Plant, effective October 1, 1999,Policy 02112, published by the Standard Life Assur-ance Company.

The Company shall have the right to change insur-ance carriers as it sees fit, so long as the level ofbenefits currently provided is maintained or im-proved. The Company will provide the Union with arevised copy of the master insurance contract if thecontract is revised due to the insurance carrierchange.

29.3 Retirement Savings PlanEffective February 1, 2015 for team memberswith 4 or more years of service, the Companywill match contributions made to the R.S.P.made by Team Members up to a maximum ofthree percent (3.0%) of each Team Member’stotal earnings. Contribution levels shall be inone-half percent (1/2%) increments of total earn-ings. Team members are permitted to contribute

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in excess of three percent (3%) of their totalearnings (which is not matched by the Com-pany) up to the legislated maximum for suchcontributions. No Team Member shall be permit-ted to withdraw funds from the R.S.P. whilehe/she is in the employ of the Company unlessthe withdrawal is done pursuant to the Govern-ment program relating to first-time home buy-ers. Any seniority Team Member, regardless ofhis/her service, shall be permitted to make vol-untary contributions (which are not matched bythe Company if he/she has less than four years’service) to the Plan up to the legislated maxi-mum.

29.4 Chiropractor – 100% coverage to a maximum of$400 per year. Effective January 1, 2015 $500 an-nual maximum.

29.5 Physiotherapist – 100% coverage to a maximum of$400 per year. Effective November 25th, 2015$500 annual maximum.

29.6 At the time of hire, new probationary Team Memberswill be provided with safety shoes, hearing protec-tion and safety eyewear, at no cost to the TeamMember. Upon completion of 520 hours workedthese Team Members will become eligible to be en-rolled in all benefit plans under this agreement.

29.7 Vision Care - $250 per 24 months, including lasereye surgery. Effective January 1, 2015 - $275.00Effective January 1, 2017 - $300.00

29.8 Dental Option 3100% Preventative and Basic CareMaximum annual reimbursement of $1500 per per-son Effective January 1st, 2015 increase annualmaximum to $2,000 for preventative, basic and

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major restorative.50% Major Restorative after Basic and Preven-tative50% Orthodontic coverage with a maximum lifetimereimbursement of $1000 per person

29.9 Effective upon ratification of the 2007 collectiveagreement, in the event that a Team Memberwishes to increase his life insurance from the flatdollar amount provided to the optional employeepaid amount, he shall provide evidence of insurabil-ity to the carrier, if required, as a condition of obtain-ing such additional optional insurance.

29.10 Life AD & D $30,000 effective January 1, 2015.

29.11 Where a seniority Team Member provides satis-factory medical evidence that he/she requirescustomized moulded hearing protection, theCompany will reimburse Team Members for upto $100 towards the cost of such hearing protec-tion upon presentation of a proper receipt.

ARTICLE 30 – BARGAINING UNIT WORK

30.1 It is understood that Supervisors and other TeamMembers who are outside of the Bargaining Unit willnot perform Bargaining Unit work normally done byBargaining Unit Team Members, except in situationssuch as:

a) Training and instructionb) Emergenciesc) New job start-up, experimental, prototype or

sample workd) Evaluation and correction of quality problemse) Occasional support for short periods of time

This clause will not result in the layoff of a Bargain-ing Unit Team Member, nor circumvent the hiring ofa Bargaining Unit Team Member.

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ARTICLE 31 – TECHNOLOGICAL CHANGE

a) Technological Change is defined as the introduc-tion of new technology into the operation or the au-tomation of an activity which results in a significantchange in the method of operating the business,and which results in the elimination of existing jobsor the creation of new or different jobs. It does notinclude such things as a change in the volume ortiming of the business or the normal replacementof equipment.

b) It is understood and agreed that any new Bargain-ing Unit job created by the technological changeshall be offered first to a Team Member directly af-fected by the change, if the Team Member is ca-pable of performing the job or if the Team Membercan be trained to competently perform the jobwithin the prescribed training period. Such TeamMembers must possess the required knowledgein order to be eligible for training.

c) No job currently performed by a Bargaining UnitTeam Member will be performed by a Non-Bar-gaining Unit Team Member as a result of a tech-nological change.

ARTICLE 32 – DISCIPLINE

32.1 When a Team Member has been issued formal dis-cipline, that discipline shall be disregarded for pur-poses of the imposition of future discipline if he/shedoes not receive any subsequent discipline duringthe period in which the original discipline is activeon his/her record. Any subsequent discipline re-ceived will restart the period for which the earlier dis-cipline will remain on his/her record starting from thedate of the subsequent discipline. This disciplineshall remain on the Team Member’s record for

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twelve (12) months from the date the discipline isconfirmed.

ARTICLE 33 – PAY ERRORS

33.1 Pay errors of eight (8) hours or more will be cor-rected by the next business day after such error hasbeen reported and confirmed. A make-up chequewill be issued for approximately 70% to allow for taxadjustments. Any minor adjustments required as aresult of this payment will be made on the nextscheduled pay. Errors of less than eight (8) hourswill be corrected on the next scheduled pay.

ARTICLE 34 – MEDIATOR

34.1 The Company and the Union, upon mutual agree-ment, may utilize a Mediator in an attempt to resolveany grievances between Step 3 of the GrievanceProcedure and the Arbitration Procedure.

The Company and the Union will mutually agreeupon the Mediator and the cost of the Mediator shallbe shared equally between the Company and theUnion.

ARTICLE 35 – PAID EDUCATION LEAVE

35.1 Effective January 1, 2015, the Company agrees toincrease one cent $0.01 to two cents $0.02 percompensated hour per Team Member for all hoursworked, and pay into a special fund for the purposeof providing paid education leave. Said paid edu-cation leave will be for the purpose of upgrading theTeam Member skills in all aspects of trade unionfunctions.

Such monies to be paid on a quarterly basis into atrust fund established by the U.A.W. Local 251, and

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sent by the Company to the Financial Secretary ofLocal 251, 88 Elm Drive South, Wallaceburg, On-tario, N8A 5E7.

ARTICLE 36 – EMPLOYEE FILE REVIEW

36.1 Team Members may review their Employee File inthe Human Resources Department in the presenceof the Human Resources Manager, or his/her des-ignate, within three working days of the request bythe Team Member to the Human Resources Man-ager. Time spent reviewing Team Member files willbe spent outside normal working hours and, if re-quested in writing by the Team Member, in the pres-ence of a Union Steward.

ARTICLE 37 – WORK RELEASE PROGRAMS

37.1 Team Members on a court-ordered rehabilitativework release program will remain on the active pay-roll so long as normal work hours are maintained.

ARTICLE 38 – DURATION OF AGREEMENT

38.1 This Agreement shall be effective from November25, 2014 and shall continue in full force and effectfor a period of three (3) years.

Within the period of ninety (90) days before theAgreement ceases to operate, either party may givenotice in writing of its desire to bargain amendmentsto the Agreement so that a renewal Agreement maybe concluded.

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SIGNED at PETROLIA, ONTARIO the 18th DAY ofDECEMBER, 2014

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APPENDIX “A”

For Tradespersons who hold valid Certificates of Qualifica-tion in two (2) different trades relevant to the work required,a premium of $1.00 per hour worked will be paid.

A premium of $1.00 per hour above the hourly rate of theClassification which they work with shall be paid to TeamMembers appointed as Team Leaders.

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WAGE RATES and CLASSIFICATIONS

Classification Nov. 25, 2014

Nov. 25, 2015

Nov. 25, 2016

DIRECT PRODUCTION New Hire Rate for first 6 months for Coating Secondary and Moulding

$13.25 $13.25 $13.50

Coating/Secondary (Team Members as of November 23/01) $16.50 $17.00 $17.50

Coating Secondary (Team Members as of Nov 4, 2009)

$15.80 $16.30 $16.80

Coating Secondary (Team Members after Nov 4, 2009)

$14.83 $15.66 $16.49

Moulding (Team Members as of Nov. 4 2009) $16.50 $17.00 $17.50 Moulding (Team Members after Nov 4, 2009)

$15.00 $15.90 $16.80

Extrusion $17.49 $17.99 $18.49 Mixing $17.49 $17.99 $18.49

PRODUCTION SUPPORT Storekeeper $17.00 $17.50 $18.00 Receiver $17.00 $17.50 $18.00 Data Collection $17.00 $17.50 $18.00 Inspector/Auditor $17.00 $17.50 $18.00 Q.C. Testing $17.00 $17.50 $18.00 Kanban $17.00 $17.50 $18.00 Shipper $16.50 $17.00 $17.50 Serviceperson $16.50 $17.00 $17.50 Coating Mixer $16.50 $17.00 $17.50 Mould Cleaner $16.50 $17.00 $17.50 Creform $16.50 $17.00 $17.50 Tradesperson $29.00 $30.25 $31.50 Probationary $28.00 $29.25 $30.50

APPENDIX “B”

DIRECT PRODUCTION PROGRESSION

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Note: Progression through each of the levels described will occur when vacancies arise. Selection for the filling of vacancies shall be as described in Article 11.7.

LEVEL 3

Extrusion Team Members Mixing Team Members

LEVEL 2

Moulding Team Members

LEVEL 1

Coating/Secondary Team Members

LETTER OF AGREEMENT

SPECIAL ASSIGNMENT

The Parties recognize and agree that on occasion there isa need to assign bargaining unit Team Member(s) to non-traditional bargaining unit work. The Company will adviseand discuss with the Union in advance, the details regard-ing this work. The Parties recognize that Team Member(s)may be so assigned for a specific term not to exceedtwelve (12) months and/or task not to exceed twelve (12)months, or as agreed to by the Parties. When a posting isdeemed necessary, the Company will post the opportunityso that interested bargaining unit members may apply. Theselection process will be discussed with the Union prior tomaking the selection. The Parties agree that the pay ratefor the Team Member(s) so assigned will in no case be lessthan the rate of pay of his/her regular classification. Whena bargaining unit member(s) is so assigned, the said TeamMember will not supervise any other Team Member(s).The Team Member(s) assigned to the special assignmentwill be there to assist management. Team Member(s) shallcontinue to be within the bargaining unit and a member ofthe Union during such assignment.

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LETTER OF AGREEMENTOctober 15, 2001

SCOPE OF BARGAINING UNIT(RE: ARTICLE 2.1)

During bargaining the Company and the Union had severaldiscussions in an attempt to clarify the language which weagreed to for exclusions as contained in Article 2.1.

We agreed that the phrases “office and engineering staff”includes the following positions at the Petrolia, OntarioPlant: Manufacturing Technicians, Delivery Planners, MoldTechnicians, Product Specialists, Die Designers, Q.C. Spe-cialists, Machine Designers, Q.C. Testing Specialists, Main-tenance Planners, Product Development Specialists,Production Planners, Continuous Improvement Specialistsand all other permanent salaried jobs; other than thoselisted in Appendix “A” of the Collective Agreement as of theratification date of the Collective Agreement are excludedfrom the Bargaining Unit.

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LETTER OF AGREEMENTOctober 15, 2001

TERM and TASK

1. The parties agree that on occasion there is a need toemploy Team Members on a temporary basis for aspecific task for a defined term.

2. Said task is restricted to an additional person or per-sons that are required for start up of a new product,changes to existing products (engineering changes),experimental engineering changes, and/or to do onehundred (100) percent inspection of parts as requiredby the Customer. The Union will consider requestsby the Company to utilize temporary help on projectsof a similar nature.

3. Said term is restricted to a maximum of thirty (30) cal-endar days unless extended in writing by both theUnion and the Company. The Union agrees that it willnot unreasonably withhold its consent for extensionand the Company agrees it will not abuse the hiringof temporary team members. The hiring of temporaryteam members will not circumvent the hiring of per-manent team members.

4. Time served by a temporary team member under theconditions set forth in this letter of agreement will notbe used towards the calculation of their probationaryperiod for any temporary team member subsequentlyhired as a permanent team member. Said team mem-ber’s seniority date will revert to the most recent dateof hire as a permanent team member.

5. Prior to employing any temporary team membersunder this Letter of Agreement, the Company willmeet with the Union Chairperson or his/her designate

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to discuss the need for, and the particulars of, the termand task.

6. The rate of pay of a temporary team member shall beless than a probationary team member, with no Com-pany-paid benefits. Temporary team members per-forming the same task will be paid the same rate ofpay.

7. During the employ of a temporary team memberwithin the conditions outlined in this Letter of Agree-ment, the temporary team member is excluded fromthe Bargaining Unit, and is not subject to the terms ofthe Collective Agreement.

8. The Company agrees that no temporary team mem-ber will be employed while a permanent team mem-ber is on lay off.

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LETTER OF AGREEMENTNovember 21, 2001

UAW Sub Regional Office88 Elm Drive SouthWallaceburg, ON, N8A 5E7Attention: Don Caryn, International Representative

Re: Team Members Employed in Coating/Secondaryas of November 23, 2001

During negotiations we advised you that it was our intention tomove all of the Team Members, including probationary TeamMembers, employed in the Coating/Secondary Classification asof November 23, 2001 to the Moulding Classification or higher byNovember 1, 2004. Those Team Members who do not wish tomove up to the Moulding Classification shall be permitted to re-main in Coating/Secondary at the pay rate for Team Membersemployed as of November 23, 2001.

In recognition of this proposal, we have immediately equalizedthe wage rate for current Coating/Secondary Team Members tothat of the Moulding Classification.

If in the future, Team Members who were employed on November23, 2001 are bumped or transferred or recalled into theCoating/Secondary Classification, they will be paid theCoating/Secondary rate for Team Members employed on Novem-ber 23, 2001.

As well, any Team Member who was employed on November 23,2001 who posts into a job in Coating/Secondary will be paid theCoating/Secondary rate for Team Members employed on Novem-ber 23, 2001.

Yours truly,

Brian DerbyGeneral Manager, Ontario PlantNOTE: The above Team Members Employed in Coating/

Secondary as of November 23, 2001 letter, datedNovember 21, 2001 was renewed at 2014 negotiations.

_________________ __________________Jim Knott Eric Ricciotti

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LETTER OF AGREEMENT

WEEKEND SHIFT SCHEDULE

The Company and the Union have agreed as follows. Inthe event that the Company’s production demands requirework to be performed on an extended schedule, the follow-ing will apply.

1. The Company will provide a minimum of two (2) weeksnotice of intention to work Team Members on a week-end shift schedule or to return to a conventional eight(8) hour shift schedule.

2. Staffing – No Team Member who was employed as apermanent Team Member on November 25, 2001 shallbe required to work the weekend schedule. The Com-pany will seek volunteers by seniority from the classifi-cations required for the weekend shift from amongstthis group of Team Members and will assign or hireother Team Members to complete staffing of weekendshifts.

3. Hours of Work and Pay – The hours of work on thisschedule shall be twelve (12) per day on each of a Sat-urday and Sunday shift. Pay for each day worked shallbe twenty (20) hours for a total of forty (40) hours foreach full weekend worked. Pay for each hour workedshall be 1.66 times the Team Member’s straight timehourly rate. The shift hours for Team Members workingthis schedule shall have the same starting and quittingtime on both weekend days, and/or shift continuationhours of 11:00 p.m. Friday to 11:00 a.m. Saturday and11:00 a.m. Sunday to 11:00 p.m. Sunday.

Team Members working twelve (12) hour shifts shallreceive three (3) fifteen (15) minute paid breaks in ad-dition to a thirty (30) minute paid lunch break.

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4. Shift Premium – Is not paid for the weekend shift.

5. Vacation – Granted as per Article 17. One (1) week ofvacation equals one (1) weekend off work.

6. Holidays – The holidays for Team Members on thisschedule shall be those set out in the Collective Agree-ment. Pay for qualifying Team Members shall be eight(8) hours at straight time rates for each holiday.

To be eligible for holiday pay, a Team Member musthave worked the scheduled shift immediately prior toand immediately following the holiday, unless he/shehas received prior permission to be absent on either orboth days or has a valid reason acceptable to the Com-pany for his/her absence on either or both days.

No work will be scheduled on the weekend shift sched-ule on Christmas Day, Boxing Day or New Years Day.Work on a plant holiday will be paid for at double (2x)the Team Member’s straight time regular rate.

7. Weekly Indemnity – The waiting period for absencedue to illness is twenty-four (24) consecutive hours oflost scheduled work time.

8. Bereavement – Bereavement leave shall be consid-ered to commence on the calendar day immediatelyfollowing the date of death. A Team Member will becompensated for up to forty (40) hours pay for sched-uled shifts which fall during the bereavement period(specified in Article 14.3) immediately following the dateof death. A one (1) day leave will be paid twenty (20)hours.

9. Overtime – Team Members on the weekend schedulewill be eligible for weekday overtime in their classifica-tion by process once the procedures outlined in Article12.4 have been completed and only if an insufficient

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number of Team Members remains. Such overtimeshall be voluntary. Pay at time and one half (1½) willnot be made for overtime hours worked until the TeamMember has worked forty (40) hours in the week. Thework week shall start at 11:00 p.m. Sunday and endsat 10:59 p.m. on the following Sunday. If a Team Mem-ber works in excess of twelve (12) hours on a Saturdayor Sunday, he/she shall be paid 1.66 hours for eachhour worked.

10. Jury Duty – As per Article 14.4.

11. Call Back – As per Article 13.1

12. Reporting Pay – As per Article 13.2 except that he/sheshall be given six (6) hours work at his/her rate of payor pay of six (6) hours at his/her rate of pay if no workis available.

13. Probationary Period – Each hour worked on the week-end shall count for an hour towards the attainment ofseniority.

14. Union Representation – Notwithstanding the provisionsof Article 7.2, the Union may appoint a weekend shiftsteward who shall be selected from amongst the ranksof the weekend workforce.

There shall be no pyramiding of any overtime or premiumpayments under this Agreement.

The terms of this Letter shall prevail over the provisions ofthe Collective Agreement in the event of conflict.

This Letter is agreed to by the parties at bargaining for thefirst Collective Agreement.

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LETTER OF AGREEMENT

January 16, 2008Mr. Don CarynInternational Representative, UAW

Dear Mr. Caryn:

During negotiations for the renewal of the Collective Agree-ment expiring November 25, 2007 the parties discussedthe possibility that the Company may, in future, operate asecond facility in Ontario (or subcontract to another facility)to perform Moulding, Coating and Secondary work similarto the type of work being performed in the Petrolia plant.

This letter shall be your assurance that no Petrolia bargain-ing unit team member who is actively employed at the timewhen such a new (second) facility is opened, will be laidoff as a result of the transfer of any work that is being per-formed in Petrolia to any such new facility. At the timewhen the new facility is opened, the Company will supplythe Union with a complete list of bargaining unit team mem-bers who are actively employed at that time. It is under-stood that a Petrolia team member who returns to activeemployment following a disability leave of any type (WSIB,WI, LTD) may reclaim his or her former position (senioritypermitting) and that this action may result in the layoff of amore junior team member.

It is understood that this assurance is not meant to protectteam members from layoffs resulting from other causessuch as the loss of a particular program for a customer, thesourcing of new work elsewhere or other similar instanceswhich do not involve the transfer of work from the Petroliaplant to the secondary Ontario facility.

Once a secondary facility has been opened, and if such fa-cility is operated by the Company or a subcontractor, laid-off Petrolia team members will be offered employment at

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the secondary facility under the following conditions:

(i) If such team members have indicated in writ-ing to the Company that they wish to be con-sidered for such employment; and

(ii) Any such team member who applies musthave a satisfactory attendance and workrecord.

As agreed, this letter forms part of the Collective Agree-ment.

FOR THE UNION FOR THE COMPANY

________________ __________________________________ __________________

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Mr. Wade Robinson October 30, 2009Plant ChairWaterville, Petrolia

Re: Extrusion Team Members

If the Team Members in Extrusion are declared surplus dueto the cessation of production on an Extrusion line:

-The junior most Team Members who are displaced shallhave the option to either:

i). bump a junior Team Member on another shift in his/herclassification, orii). bump the junior most Team Member on the same shifthe/she worked in Extrusion in a direct production classifi-cation. If the Team Member is not qualified the Companywill train that Team Member.

Doug Besterd

NOTE: The above Extrusion Team Members letter,dated October 30th, 2009 was renewed at 2014negotiations

_____________________ ___________________Serge Mainville Eric Ricciotti

77

Mr. Eric RicciottiPlant ChairWaterville T.G. Inc.4491 Discovery LinePETROLIA ON N0N 1R0

Dear Mr. Ricciotti:

Re: Team Leader Vacancies

The purpose of this letter is to record our agreement withrespect to the filling of the above vacancies.General absenteeism statistics will not be part of thescreening process.

Items which will disqualify an applicant will be:

1. Formal written discipline beyond the first level offormal discipline or

2. A Level 2 or higher non-culpable attendance let-ter which has been given to the Team Memberor

3. A factual reason or reasons why a Team Mem-ber should not be given the opportunity to be-come a Team Leader.

This conclusion will be reached using the criteria outlinedon the Assessment Checklist handed out on October 15,2014.

Note: fixing of equipment deleted from paragraph #6.

Successful applicants will be candidates for election pur-suant to Article 11.7(j).

Please sign a copy of this letter to indicate your agreementto its content.

For the Union: For the Company:

__________________ ____________________E. Ricciotti S. Mainville

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October 22, 2014


Dear Mr. Ricciotti:

Re: Weekend Shift Reduction/Movement

The purpose of this letter is to record our understandingwith respect to Team Member Movement as it pertains tothe Weekend Shift. We have agreed to the following:

1. In the event of a reduction of Team Members on theweekend shift, all team members on the weekend shiftand all team members who fill backfill positions as a re-sult of the weekend shift, will return to their original clas-sification and shift that they held prior to the weekendshift.

2. Any Team Leaders who choose to fill a weekend shiftposition or temporary backfill position will return to theiroriginal classification and shift and will no longer holdthe Team Leader position.

3. Any positions filled on the weekend shift and backfillpositions are temporary moves and those team mem-bers who have filled those temporary positions are eli-gible to post to other permanent positions as per theposting procedure while the weekend shift is in opera-tion.


For the Union: For the Company:___________________ _____________________E. Ricciotti S. Mainville

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October 6, 2014


Dear Mr. Ricciotti:

Re: Probationary Employees

This is to record our agreement with respect to the imple-mentation of the reduction in the probationary period from720 hours to 520 hours. This agreement was reached inbargaining for the renewal of the Collective Agreement ex-piring on November 25, 2014.

1. The reduction to a 520 hour probation period will be ef-fective on ratification of the Memorandum of Settle-ment.

2. Hours worked by probationary employees prior to thedate of ratification will count towards the fulfillment ofthe probationary period.

3. As we have estimated that a large number of probation-ary employees will immediately attain seniority statusupon ratification the Company will need some time toenroll these new seniority employees into the benefitprogram described in Article 29.6. Accordingly, benefitcoverage will become effective for these new seniorityemployees during the month following the month of rat-ification, but in no case less than 30 days following thedate or ratification.

4. In the event that the employee wishes to make his ben-efit coverage retroactive to the first business day afterhe attained seniority, the employee must agree to payhis share of the premiums necessary to provide suchcoverage.

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5. Nothing in this letter is meant to affect the eligibility offuture Team Members to commence benefit coveragepursuant to Article 29.6 immediately upon completionof the probationary period.

6. The same terms and conditions will apply to employeeswho attain seniority within the 30 day period followingratification.


For the Union: For the Company:

_________________ _____________________E. Ricciotti S. Mainville

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December 15, 2014


Dear Mr. Ricciotti:

Re: Production Support Job Postings

At bargaining, the Company and the Union agreed to thefollowing as general qualifications for Production Supportjob vacancies to be posted.

1. Serviceperson – No attendance or disciplinary recordcriteria will be applied to the filling of these vacancies.

2. All other Production Support jobs

Non-culpable absenteeism – only letters given to teammembers which are at level 2 or above will be used todisqualify an applicant.

Culpable absenteeism – only the second level of formaldiscipline (or higher) will be used to disqualify an appli-cant.

Discipline for non-attendance related offences will notbe considered in the filling of these vacancies.

As stated above, the foregoing are general qualificationsand individual jobs may have specific qualifications re-quired.

Yours truly,

Serge Mainville

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October 7, 2014

Mr. Don CarynInternational RepresentativeUAW88 Elm Drive SouthWALLACEBURG ON N8A 5E7

Dear Mr. Caryn:

Re: Production Standards

This letter, given at 2014 negotiations, shall be your assur-ance that in the event that a Team Member is disciplinedfor failure to meet a production standard established by theCompany for a production process, the Union shall havethe right to request that a time study be conducted by theUAW International Time Study Department.

A Company representative may accompany the Union’sTime Study Representative during his review of theprocess and may conduct his own review and therecorded observations, notes and documented conclusionsof each of the Time Study Representatives shall be sharedwith the other.

Yours very truly,

Serge Mainville

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October 7, 2014

Mr. Don CarynInternational RepresentativeUAW, Region #188 Elm Drive SouthWALLACEBURG ON N8A 5E7

Dear Mr. Caryn,

Re: Administration of Overtime

This letter is to record the agreement of the parties reachedat negotiations with respect to the distribution of weekendovertime in rotational seniority order.

It was agreed that, where a Team Member who is entitledto be offered weekend overtime by virtue of his position onthe rotational seniority list, must be bypassed as the resultof the application of the ESA Hours of Work provisions, thatTeam Member, shall head the rotational seniority list forovertime opportunities for which he is eligible for the verynext overtime opportunity on the shift next following theovertime shift he was disqualified from.

Yours truly,

Serge Mainville

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LETTER OF AGREEMENT

BETWEEN

WATERVILLE T.G. INC.(Petrolia, Ontario)

(the “Company”)

– and –

INTERNATIONAL UNION UNITED AUTOMOBILE,AEROSPACE AND AGRICULTURAL IMPLEMENT

WORKERSOF AMERICA, (UAW – LOCAL 251)

(the “Union”)

EXTRA HOURS OF WORK AGREEMENTIn accordance with section 17 of the Employment Stan-dards Act, 2000 (“Act”), the parties agree as follows:

1. The Union agrees on behalf of each employee in thebargaining unit that the Company may permit him or herto work beyond his or her regular workday and beyond48 hours per week to the maximums allowed by the Act.

2. However, scheduling of extra hours will only be done inaccordance with the overtime provisions of the collec-tive agreement.

3. The parties that this agreement shall form part of thecollective agreement and may not be revoked duringthe operation of the current Collective Agreement ex-cept with the parties’ mutual consent or a change in leg-islation which requires its revocation.

4. The work week, for the purpose of calculating extrahours of work, will be considered to be from Sunday toSaturday.

_________________________Dated:For the Company: For the Union:_____________________ _____________________Serge Mainville Bill Pollock

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LETTER of INTENT

December 15th, 2014 Mr. Eric RicciottiPlant ChairWaterville T.G. Inc.4491 Discovery LinePETROLIA ON N0N 1R0

Dear Mr. Ricciotti:

Re: Mould Cleaner Classification

The purpose of this letter is to record our agreement re-garding the filling of future vacancies in the above newclassification.

The current incumbents in the position will remain. Futurevacancies will be filled by job postings.

The successful applicant will be the senior Team Memberwho has the physical ability to perform the required workand who qualifies having regard to the letter ProductionSupport Job Postings.

Please sign a copy of this letter to indicate your agreementto the content.

For the Company: For the Union:

___________________ ____________________S. Mainville E. Ricciotti

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LETTER of INTENT

December 15th, 2014 Mr. Eric RicciottiPlant ChairWaterville T.G. Inc.4491 Discovery LinePETROLIA ON N0N 1R0

Dear Mr. Ricciotti:

Re: Extrusion Head Operator

This letter reflects our agreement concerning the above po-sition and the filling of future vacancies for it.

The Extrusion Head Operator shall be paid a $1.00 perhour premium above the rate of pay for the Extrusion Op-erator.

When filling future vacancies in this critical position theCompany will first consider Extrusion Operators who havean acceptable attendance record and who have the apti-tude to train to become competent Extrusion Head Opera-tors. The filling of vacancies in this position however willnot be subject to the Job Posting provisions in Article 11.7.

Yours truly,

Serge Mainville

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December 15, 2014


Dear Mr. Ricciotti:

Re: Creform Position

This letter reflects our agreement concerning the above po-sition and the filling of future vacancies for it.

When filling posted vacancies in this position the Companywill consider applicants who have demonstrated superiormechanical aptitude on the tests given as part of the se-lection process and having regard to the letter entitled Pro-duction Support Job Postings. The current incumbents inthe positions will remain. Future vacancies will be filled byjob postings.

The senior applicant who meets the above requirementswill be awarded the position.

Yours truly,

Serge Mainville

88

November 21, 2014

Mr. Bill PollockPresidentUAW Local 25188 Elm Drive SouthWALLACEBURG ON N8A 5E7

Dear Mr. Pollock,

Re: Pay Rates

This will confirm that, upon ratification of the Memorandumof Settlement, those Team Members with less than 6months of service who are paid $12.50 per hour will receivean increase to $13.25 per hour.

Upon completion of 6 months of service, they will move tothe job rate of their classification.

Yours truly

Serge Mainville

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