collective agreement · company, without pay, for the transaction of union business. the employee...

COLLECTIVE AGREEMENT

BETWEEN:

MASCARIN COLLISION CENTRE

THUNDER BAY, ONTARIO

(hereinafter referred to as the "Company")

OF THE FIRST PART;

- and -

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS,

THUNDER BAY LODGE 1120

(hereinafter referred to as the "Union")

OF THE SECOND PART

TERM: March 1, 2017 to February 29, 2020

Article No.

Purpose 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Schedule "A"

Schedule "B" Schedule "C"

INDEX

TITLE Page

·························································································· 1 Recognition ...................................................................... 1 Dues Shop & Deductions ................................................. 2 Deductions from Wages ................................................... 3 Management's Rights ....................................................... 4 No Strikes or Lock-outs .................................................... 4 Shop Committee & Activities ............................................ 4 Grievances and Disputes ................................................ 5 Seniority and Lay-offs ....................................................... 8 Safety, Uniforms and Cleanliness .................................. 10 Bulletin Boards ............................................................... 10 Hours of Work ................................................................ 11 Overtime and Traveling Time ......................................... 11 Classifications and Wage Rate ...................................... 11 Statutory Holidays .......................................................... 11 Vacation with Pay ........................................................... 12 Hospital, Medical & Welfare .......................................... 15 Maintenance of Wages .................................................. 19 Wage Payment ............................................................... 19 Tools and Equipment ..................................................... 19 Job Security .................................................................... 20 I.A.M. Labour-Management Pension Fund (Canada) .... 21 Renewal, Revision, and Termination ............................. 24 Covering Mechanics, Body Men, Painters, Preppers, Parts Technicians, Upholsterers, Trimmers and Apprentices ............................................................. 26 Covering Welders ........................................................... 30 Covering Lubrication Men, Wash Men, Undercoaters, and General Helpers ...................................................... 31

Wage Rates and Pension Contributions .................................................... 33

Mascarin Collision Centre Collective Agreement Page 1

PURPOSE

The purpose of this Agreement is to define the relations between the Company and the Union, the wages and the working conditions of employees of the Company represented by the Union, the means by which complaints, grievances and disputes shall be disposed of promptly and equitably. This agreement supersedes all previous agreements, written or verbal.

ARTICLE 1 - RECOGNITION

1.01 The Company recognizes the Union as the exclusive bargaining agency for all bargaining unit employees with respect to rates of pay, hours of work, and conditions of employment during the life of this agreement.

1.02 Employees covered by this Agreement shall be all employees of the Company save and except managers, foreman, persons above the rank of foreman, office staff, janitors, tower operator and school students in the summer months. The Company is granted two part-time employees who can work in either Schedule B or C who shall not be in the bargaining unit and will not work more than 20 hours each per week and shall not displace a full-time position.

1.03 No employee shall be discriminated against or jeopardized in seniority standing, or suffer any loss of employment due to membership or activity in the Union, so long as such membership or activity does not interfere with normal conditions in the Shop.

1.04 The Executive officers of the Union, or not exceeding one delegate from any shop, shall be allowed leave of absence upon application, with adequate advance notice to the


Company, without pay, for the transaction of Union business. The employee on leave shall be reemployed by the Company at the same type of work performed prior to being on leave of absence, without loss of seniority, provided such leave does not exceed six (6) months, and is not key personnel.

1.05 The Union will have the opportunity to negotiate a classification for all Union members and request notification of all anticipated changes.

1.06 The Company shall notify the Union in writing within thirty (30) days of any changes in active management. These notices shall include the person's full name and position held.

ARTICLE 2 - DUES SHOP AND DEDUCTIONS

2.01 All employees of the Company covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall, as a condition of employment, remain in good standing in the Union. All employees who are not members of the Union may or may not become members of the Union, but must pay the equivalent of union dues monthly, as a condition of employment, commencing not later than thirty (30) days after the signing of this Agreement. All new employees may or may not become members of the Union, but must pay to the Union the equivalent of union dues monthly, commencing not later than thirty (30) days after being hired on by the Company.

2.02 (a) The Company shall deduct each month from the wages of each employee in the bargaining unit an amount equal to the normal monthly union dues, and will remit such sums deducted together with an alphabetical list showing employee name, classifications, wages per hour, and hours worked for which Union dues are being remitted to


the Financial Secretary of the Union, not later than the fifth (5th) day of the following month.

(b) The Company shall furnish the Union Steward(s) with a copy of the union dues' deduction list for each current month. The list will show the full name of each employee, date of hire, and this list shall be prepared alphabetically for all bargaining unit employees.

(c) All bargaining unit employees who receive pay in a month shall have union dues deducted for that month.

(d) All bargaining unit employees who are on their annual paid vacation shall have normal monthly union dues deducted for that period.

(e) All bargaining unit employees who have union dues deducted shall have those deduction shown on their "T4" Income Tax Slips.

ARTICLE 3 - DEDUCTIONS FROM WAGES

3.01 Deductions from wages, approved by the Company, except those required by law, order-in-council, or Government regulations including union dues, shall be made only on written authorization signed by the employee.

ARTICLE 4 - MANAGEMENT'S RIGHTS

4.01 (a) The Union recognizes the Management's authority to manage the affairs of the Company, to direct its working forces, including the right to hire, transfer, promote, demote, suspend, and discharge for proper cause, any employee, and to increase or decrease the working force

Mascarin Collision Centre Collective Agreement Page4

of the Company, to reorganize, close, disband any department or section thereof from time to time as circumstances and necessity may require, provided that the Company shall not exercise these rights in a manner inconsistent with the terms of this Agreement.

(b) An employee affected by the exercising of this authority who feels that he has cause for dissatisfaction may have the complaint dealt with in accordance with the "Grievance Procedure" as outlined in Article No. 7 hereunder. In the event of a demotion, the case will be reviewed with the Union Steward prior to such demotion taking effect.

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

5.01 In view of the orderly procedure established by the agreement for the settling of disputes and the handling of grievances, the Union and the Company agree that during the life of this agreement there will be no strikes, lock-outs, slowdowns or stoppage of work, either complete or partial.

ARTICLE 6 - SHOP COMMITTEE & ACTIVITIES

6.01 The Shop Committee in each shop of the Company may consist of not more than three (3) members, one of which shall be the Shop Steward. The members of the Committee shall be employees of the Company, and the Company shall deal with said Committee with respect to matters covered by the Agreement and the grievance procedure. The Shop Steward and at least one member of the Committee shall represent the Union to the Company. The Union will inform the Company in writing as to the names of the members on the Committee, along with changes in the Committee when changes occur.


6.02 The Union Representative(s) shall be allowed access to the Company's premises during lunch period for routine Union matters. When it is desirable or necessary to hold a meeting with employees during lunch period, or to enter the premises at any other than the above-mentioned times on Union business, with exception of posting Union Notices, permission shall first be obtained from the management.

ARTICLE 7 - GRIEVANCES AND DISPUTES

7.01 It is agreed that grievances which may arise during the life of this Agreement shall be promptly discussed and the parties hereto will at all times cooperate in an effort to adjust such grievances at the earliest possible time. There will be no obligation to consider or process a grievance which has not been presented according to the procedure herein within fifteen (15) working days after the alleged occurrence became known to the Grievor.

For the purpose of this Agreement the term "Grievance" means any dispute between the Company and the Union, or between the Company and any employee concerning the effect, interpretation, application, claim of breach or violation of this Agreement, or any other dispute which may arise between the parties.

Procedure

Any grievance shall be settled in accordance with the following grievance procedure:

(a) The employee, accompanied by the Shop Steward shall first take the matter up with the employee's immediate supervisor.

Mascarin Collision Centre Collective Agreement Page6

(b) If the decision of the immediate supervisor is not satisfactory to the employee concerned, within two (2) working days, he shall submit it in writing to the Shop Steward who shall then submit one copy to the Department Manager. The Department Manager shall render a decision in writing within a further two (2) working days and return the grievance form to the Shop Steward.

(c) Failing satisfactory settlement, the grievance shall then be taken to the General Manager of the Company or his appointee, and a meeting shall be arranged between the Grievance Committee of the Union and such official of the Company within a further five (5) working days. The Grievance Committee shall have the assistance of the Business Representative, or International Representative of the Union, or both, if desired. Management shall render a decision in writing to the Union not later than two (2) working days following the date of said meeting.

(d) Grievances settled satisfactorily within the time allowed shall date from the time the grievance was originally brought to the attention of the supervisor aforesaid.

(e) In the event that a grievance or dispute is not settled in any of the foregoing steps, it may be referred to Arbitration in accordance with the provisions of Section 48, of the Labour Relations Act, R.S.O. 1990 and amendments thereto.

(f) A decision by either party to refer a grievance or dispute to a Board of Arbitration must be made within ten (10) working days after the decision of the management of the Company has been given to the Union as mentioned in Step (c) above. The party wishing to refer the matter to Arbitration shall notify the other party in writing to this effect within said ten (10) working days.


(g) Any and all time limits set forth in the grievance procedure above may be extended by mutual consent of both parties in writing. Such application for extension must be submitted in writing prior to the expiration of the original time limits.

7.02 General grievances or disputes affecting the employees in a Unit as a whole and discharge grievances may be initiated by the Shop Steward directly at Step B.

7.03 Either party may file a grievance involving the interpretation, application, or alleged violation of this Agreement; such grievance to be lodged in writing as a policy grievance and failing satisfactory settlement, the policy grievance may then be appealed to a Board of Arbitration as herein provided.

7.04 The Arbitration Board shall have no jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement.

7.05 Each of the parties will bear the expense of the Arbitrator appointed by it, and the parties will jointly bear the expenses of the Arbitration Board Chairman. No person shall be appointed as an Arbitrator who has been involved in attempting to negotiate or settle the grievance.

7.06 Nothing herein shall prohibit the parties from agreeing on a single arbitrator, provided both parties agree to the arbitrator. In such event, the provisions of this article relating to an Arbitration Board shall apply to the single arbitrator.


ARTICLE 8 - SENIORITY AND LAY-OFFS

8.01 Seniority shall be established after a period of continuous employment of three (3) months and shall be effective from the starting date of said employment. Seniority is defined as the length of an employee's accumulated service with the Company within the bargaining unit. In the case of promotion out of the bargaining unit all union seniority is lost after fifteen (15) months of absence from the bargaining unit. In all lay-off of employees, the principle of seniority coupled with individual competency, which is to be determined by the department manager, but subject to the grievance procedure shall be the governing factor. The last individual to be laid off shall be the first recalled, provided he can perform the work available. In the event of a lay-off, probationary employees shall be the first to be laid off, unless there is no other employee with seniority who is competent to do his work.

8.02 The seniority of an employee shall be terminated for any one of the following reasons:

1. If he voluntarily leaves the services of the Company.

2. If he is discharged and such discharge is not reversed through the grievance procedure.

3. If he fails to return to work within eight (8) working days of receiving notice of, having signed for, or has been returned to the Company, a registered letter sent to him at his last known address on file with the Company, unless he has furnished a reason which is satisfactory to the Company for his failure to return to work within that time. Proof of sickness may be deemed to be a satisfactory reason.


8.03

4. If he has been continuously laid off for 12 months' duration, except apprentices who may have spent time at trade school during the laid off period, in this case the 12 month lay-off will be extended by the length of time spent in trade school.

1. Any employee who is required to work and does report for work at his regular starting time, Monday through Friday, will be paid eight (8) hours per day at his regular rate.

2. A lay-off of one day or less shall only occur on Friday and notice of lay-off shall be given by 5:00 p.m. Thursday and Article 8.02 (3) and 8.03 (1) will not apply.

3. On Thursday of any week prior to instituting the provision of Article 8.03, the Company will contact all employees concerned to determine if any employee is prepared to take Friday off voluntarily.

8.04 In the case of an employee who is requested to and does report for work during any week laid off, his wages will be based only on the portion of the week worked.

8.05 The Company agrees to inform the Shop Steward of the name or names of any employee(s) who are discharged or laid off, at the same time as notice of termination or lay-off is given to the discharged or laid off employee(s), giving reasons for the action.

8.06 The Shop Steward will have super seniority He will be the second to last to be laid off.


8.07 Sunset Clause

It is agreed that all written warning/suspension and any disciplinary action will be removed from an employee's file after 24 months from it's occurrence, unless written warning/suspension and any disciplinary action for a similar incident occurs during such 24 month period.

ARTICLE 9 - SAFETY, UNIFORMS AND CLEANLINESS

9.01 The Union recognizes and the Company accepts the responsibility to make adequate and reasonable provisions for the safety and health of the employees during the hours of their employment, in accordance with the Occupational Health and Safety Act of Ontario.

9.02 The Company shall supply all coveralls and smocks with not less than three changes per employee every two weeks. The Company shall pay for the laundering and repair of same.

9.03 Employees agree to exercise proper care and handling of all tools and equipment placed in their charge, including customer's and the Company's vehicles.

9.04 Employees agree to:

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

2. Put tools and equipment in their proper place when not in use.

3. Keep themselves clean and neat appearing.

9.05 The Shop Steward and/or his appointee may accompany the Industrial Safety Officer on all plant inspections or tours without


loss of pay.

ARTICLE 10 - BULLETIN BOARDS

10.01 The Company agrees to provide space that is readily accessible where Union notices of interest to the employees may be posted. It is understood and agreed that any and all notices to be posted must be approved prior to posting by management.

ARTICLE 11 - HOURS OF WORK

11.01 Refer to Schedules "A", "B", and "C", which are attached to and form part of this Agreement.

ARTICLE 12 - OVERTIME AND TRAVELLING TIME

12.01 Refer top Schedule "A", "B", and "C", which are attached to and form part of this Agreement.

ARTICLE 13 -CLASSIFICATIONS AND WAGE RATES

13.01 The Wage Rates and Classifications as set for in Schedules "A", "B", and "C", which are attached to this Agreement, shall be an integral part of this Agreement.

ARTICLE 14 - STATUTORY HOLIDAYS

14.01 All employees with established seniority shall receive a full day's pay, all other employees will receive pay as per the Employment Standards Act, for each of the following holidays, or the day proclaimed by the Federal, Provincial, or Municipal Government in lieu thereof, namely:


14.02

14.03

New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday (Aug.)

Labour Day Thanksgiving Day Afternoon of Christmas Eve Day Christmas Day Boxing Day Afternoon of New Year's Eve Day

This does not apply if an employee is receiving supplementary pay.

Any holiday which falls on a Saturday or Sunday shall be observed on the following work day.

In order to qualify for pay on any of the above-mentioned holidays, the employee must work the full working hours of his last scheduled shift immediately preceding the holiday, and the full working hours of his first scheduled shift immediately following said holiday. If an employee is absent from work on his last scheduled shift immediately preceding or following a statutory holiday and his absence is caused by proven sickness or accident to himself or his immediate family, then he shall qualify for pay for the said statutory holiday. Unforeseen circumstances over which the employee has no control may be reviewed with management and a decision given as to whether or not payment may be justified.

Company agrees to give notice 30 days prior to scheduling statutory holidays which fall on weekends.

ARTICLE 15 -VACATION WITH PAY

15.01 An employee who has completed three (3) months but less than twelve (12) months' continuous service with the Company will be entitled to one week's vacation with pay computed at the rate


15.02

15.03

15.04

15.05

15.06

of four per cent (4%) of his gross earnings from the date of his employment to July 1.

An employee who has completed twelve (12) months but less than five (5) years' continuous service with the Company prior to July 1 of any year will be entitled to two (2) weeks' vacation with pay computed at four per cent (4o/o) of his gross earnings up to July 1 of the vacation year, except that any employee who has worked 1,500 or more hours in the qualifying period will be entitled to vacation pay at his current rate.

An employee who has completed five (5) years but less than twelve (12) years' continuous service with the Company prior to July 1 of any year will be entitled to three (3) weeks' vacation with pay computed at six per cent (6°/o) of his gross earnings up to July 1 of the vacation year, except that any employee who has worked 1,500 or more hours in the qualifying period will be entitled to vacation pay at his current rate.

An employee who has completed twelve (12) years but less than twenty (20) years' continuous service with the Company prior to July 1 of any year will be entitled to four (4) weeks' vacation with pay computed at eight per cent (8°/o) of his gross earnings up to July 1 of the vacation year, except that any employee who has worked 1,500 or more hours in the qualifying period will be entitled to vacation pay at his current rate.

An employee who has completed twenty (20) years or more of continuous service with the Company prior to July 1 of any year will be entitled to five (5) weeks' vacation with pay, computed at ten per cent (10°/o) of his gross earnings up to July 1 of the vacation year, except that any employee who has worked 1,500 or more hours in the qualifying period will be entitled to vacation pay at his current rate.

After twenty (20) years of service a member will receive one vacation day extra a year for the next five (5) years. After


15.07

15.08

twenty-five (25) years of service a member will receive six (6) weeks of vacation. Start date January 1, 2015.

In case of leaving employment for any reason, an employee shall be granted his vacation on the following basis:

(a) An employee with less than five (5) years of continuous service shall receive 4% of his gross earnings up to date of termination, less the amount of any vacation pay paid to him up to July 1st of the vacation year.

(b) An employee with five (5) years or more but less than twelve (12) years of continuous service with the Company shall receive 6% of his gross earnings up to date of termination, less the amount of any vacation pay paid to him up to July 1 of the vacation year.

(c) An employee with twelve (12) years or more but less than twenty (20) years of continuous service with the Company shall receive 8% of his gross earnings up to date of termination, less the amount of any vacation pay paid to him up to July 1 of the vacation year.

(d) An employee with twenty (20) years or more of continuous service with the Company shall receive 1 Oo/o of his gross earnings up to date of termination, less the amount of any vacation pay paid to him up to July 1 of the vacation year.

(e) An employee with twenty-five (25) years or more of continuous service with the Company shall receive 12% of his gross earning up to date of termination, less the amount of any vacation pay paid to him up to July 1 of the vacation year.

The vacation period shall be between May 1st and October 31st in which time all employees will be allowed to take their vacation in one continuous period, except in the case of an employee


15.09

15.10

15.11

15.12

who qualifies for three, four, or five weeks' vacation in accordance with Article 15.03, 15.04 and 15.05, who, unless otherwise arranged, shall take his third, fourth, and fifth week of vacation at a time mutually agreed upon between the employee and management. Arrangements shall be made between the employee and management to have all vacations taken in broken or continuous periods during the vacation year. Selection of the first two weeks of vacation shall be according to seniority in the department provided the request is made prior to April 1st of the vacation year; requests after April 1st will be by available times within the vacation period. There shall be no banking of vacations.

Employees with a third week shall schedule by seniority, followed by employees with a fourth week and fifth week.

In order to qualify for vacation pay the employee must work his last scheduled shift immediately preceding his vacation, and must report for work on the morning of the next scheduled shift immediately following his vacation period, unless there is an extenuating circumstance satisfactory to the Company.

When a statutory holiday falls within an employee's vacation period he shall receive an extra day's pay in lieu of said holiday or if the employee prefers, he may choose to take an extra day off with pay in lieu of said holiday. In either event, the employee must advise the Company prior to leaving on his vacation.

The present practice off issuing vacation pay shall be continued for the term of this agreement.

Employees will give the Company one (1) weeks notice for time off and vacation. The Company will respond within two (2) days after a request sheet is submitted to management for time off and vacation. After which, if not responded to the request will be deemed accepted.


ARTICLE 16 - HOSPITAL, MEDICAL & WELFARE

16.01 The Company agrees to contribute one hundred per cent (100%) of the monthly premiums required for the following Health Welfare Plans for existing employees (who have completed their probationary period) and their dependents:

(a) Major Medical - Ward coverage Hospital only (no other benefits).

(b) The Company will provide Ontario Blue Cross Dental Plan 9, or its equivalent. The dental plan will advance to the Ontario Dental Association Schedule each year of the contract when new rates are announced. Employees will pay 20% of the cost of all dental bills covered by the Plan and the Plan will pay 80%. It will not be mandatory for new employees to join the dental plan during their first year of employment.

The Company shall have the right to provide a Dental Plan through a carrier other than Blue Cross provided that there shall be no reduction in benefits to employees.

c) Includes a fully paid eye examination once every three years for adults and once every twelve months for dependent children.

Includes cost of prescriptions to a maximum of three hundred dollars ($300.00) every two years.

16.02 Each member will receive 1 paid sick day a year with justification or validation. Year being January 1 to December 31.

16.03 The Company shall take out all Health and Welfare coverage . plans, as outlined in this Agreement, with bona fide insurance

carriers and shall not attempt to fund the plan independently. A


16.04

copy of all plans mentioned in this Agreement must be submitted to the Union for its files, within 30 days of the signing of this agreement, or within 30 days of any new plan being implemented during the life of this agreement. Failure to comply with this requirement will automatically cause the Union to file a grievance with the Company.

a) The Company will provide a Prescription Drug Plan which will pay 100% of the cost of all prescriptions. The Benefit Plan will allow for generic drug substitutions when medically appropriate.

b) i) Includes a fully paid eye examination once every two years for adults and once every twelve months for dependent children

ii) Include cost of prescriptions to a maximum of $300.00 every two years.

c) Cap on drug coverage at $4000.00 per covered person per year. Once cap is exceeded, the Company will pay the deductible on the Trillium Drug Program (Ontario). This will allow the employee to have full coverage if required at no cost to the employee.

16.05 Long Term Disability

16.06

The Company shall administer a Long Term Disability Plan which provides 66 2/3% of the basic weekly earnings to a maximum of $2,000.00 per month. Claims begin on the eighteenth week of a non-compensable accident or illness and end at the conclusion of the disability or at the end of the calendar month in which you attain age 65. Employees shall pay 100% of the monthly premium. Employees are not required to join this plan as a condition of employment.

The above Article 16 is only a very condensed version of the


16.07

16.08

Health-Welfare coverage. For detailed information, please refer to your Employee Benefit booklet which is provided by the insurance carrier and distributed to each bargaining unit employee by your employer. Should there be any discrepancy between any insurance plan and this collective agreement, the collective agreement shall be the governing factor.

When an employee who is entitled to coverage under Article 16 is absent from work because of sickness or other disability which commenced during his active service, the applicable insurance coverage as provided for in Article 16 will be continued at Company expense for the first year of the time when the employee is unable to work due to disability. If any employee continues to be absent from work because of sickness or other disability beyond a period of one (1) year, the employee will pay the premiums should he/she wish to continue benefits.

W.S.1.8.

The Employer shall notify the Board within three days after learning of an accident to a worker employed by him, her or it if the accident necessitates health care or results in the worker not being able to earn full wages.

The Employer shall give a copy of notice (Form 7) to the worker at the time the notice is given to the Board.

16.09 Jury Duty

Employer agrees to assist an employee who, as a result of jury duty, experiences financial difficulties. Any financial consideration will be on a payback basis.

16.10 Bereavement Leave

(a) In the event of the death in the immediate family of the


employee, the employee shall be granted time off with pay at their regular straight time hourly rate of eight (8) hours a day for three (3) days, provided such days fall on scheduled work days. Immediate family shall mean:

The employees spouse/common-law partner. A parent, step-parent or foster parent of the employee or the employee's spouse/commonlaw partner. A child, step-child or foster child of the employee of the employee's spouse/commonlaw partner. A grandparent, step-grandparent, grandchild, or step-grandchild of the employee or of the employee's spouse/common-law partner. The spouse/common-law partner of the employee. The employee's brother or sister.

(b) In the event of the death of an employees sister-in-law, brother-in-law, the employee shall be granted one day time off with pay at his regular straight time hourly rate for eight (8) hours provided such day falls on a scheduled work day and is the day of the funeral.

(c) No pay for time off will be granted unless there is loss of time on scheduled working days.

( d) The provisions of this section will not apply when an employee is off duty for the following reasons:

i) leave of absence, ii) holidays, iii) illness, iv) lnJUry,


v) union business, vi) lay-off, vii) vacation.

(e) If, due to special circumstances, an employee requests leave beyond that granted under this article, and if the Company believes the circumstances to be warranted, additional time may be granted to the employee, with pay.

ARTICLE 17 - MAINTENANCE OF WAGES

17.01 Any employee who at the date of this Agreement is receiving a wage rate in excess of his classification rate as set forth in Schedule "A" "B" or "C" shall not suffer a reduction in wage . , , rate as a result of negotiation of this Agreement.

ARTICLE 18 -WAGE PAYMENT

18.01 Payment of wages shall occur at regular intervals to be agreed upon and payment shall be made during regular working hours prior to twelve o'clock noon on payday. All bargaining unit employees' pay stubs shall show all overtime and straight time hours separately. All deductions shall be individually itemized for clearer understanding.

ARTICLE 19 - TOOLS AND EQUIPMENT

19.01 A Journeyman from date of employment and apprentice after 1 year shall purchase the following tools of a quality and maintained in condition satisfactory to the Company:

One Yi" socket set; one %" socket set, %" to %"; one %" socket set; 7 /16" to 1 Yi"; one small hammer; one large ball peen


hammer; one brass hammer; one set assorted chisels; one set assorted punches; one set open end wrenches, Yi " to 1 Yi"; one set box ends, Yi " to 1 Yi "; one set feeler gauges; one set flat screw drivers; one set Philip screw drivers; one door handle removal tool; one spark plug gapper & adjuster; one pair pliers; two spark plug sockets; one pair vise-grips; one pair water pump pliers; one brake adjuster tool; one hack saw handle; one small file; plus applicable metric equivalents where required.

19.02 If required by the Company, the following shall be supplied by the Company:

19.03

19.04

Power Sanders and Grinders; Power drill guns; testing and analyzing equipment, including timing lights; valve lifters and related equipment; ridge reamers; ring compressors; pullers; taps and dies; screw extractors; welding and cutting equipment; soldering guns or irons; micrometers and calipers, major brake repair equipment; extension lights, drill bits; hack saw blades; spanners and wrenches over 1" in size; creepers, approved axle stands; body repair equipment such as hydraulic "Porto Power" sets; special pullers and pry bars; plus applicable metric equivalents where required.

The Company will pay $150.00 boot allowance per year with a receipt.

A tool allowance of up to $200.00 per year will be provided to apprentice and journeyman metal technicians for the repair of current tools, provided the employee gives a receipt.

ARTICLE 20 - JOB SECURITY

20.01 In the event the introduction of new equipment, machinery or process results in an employee being displaced from his job


and provided he is the senior employee so displaced, he shall be given a reasonable trial period to demonstrate his ability to perform the responsibilities of the new job and properly operate the equipment.

20.02 The Company will notify a member at least one week before being sent for training.

ARTICLE 21 - I.A.M. LABOUR-MANAGEMENT PENSION FUND (CANADA)

A. Commencing the 1st day of March, 2008, and for the duration of the Collective Agreement, the Company agrees to make payments to the I.A.M. Labour-Management Pension Fund (Canada) ("the Pension Fund") for each employee performing work in a job classification covered by this Collective Agreement as follows:

1. For all hours or portion (rounded to the whole hour) thereof for which an employee receives pay, the Company shall make a contribution to the Pension Fund in accordance with the Contribution Rates as shown under Schedules A, B & C of this Collective Agreement.

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

3. Contributions for a new, temporary, prdbationary, part-time and full-time employee are payable from the first day of employment.

B. The Company and Union further agree as follows:

(1) The payments to the Pension Fund shall be made to the I.A.M.


Labour-Management Pension Fund (Canada) which was established in Canada under the Trust Agreement dated February 1, 1970 and has been signed by the Company and the Union.

(2) The Pension Plan adopted by the Trustees of the said Pension Fund shall at all times conform with the requirements of the Pension Benefits Standards Act and the Income Tax Act so as to enable the Company at all times to treat contributions to the Pension Fund as a deduction for federal income tax purposes.

(3) All contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Company for the purpose of determining the accuracy of contributions to the Pension Fund.

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

C. The parties further acknowledge that no other agreement between the Company and the Union regarding pensions or retirement is in effect or will be effective during the period covered by the said Collective Agreement without the written consent of the I.A.M. Labour-Management Pension Fund (Canada). Signed copies of any renewal or extension agreements will be promptly furnished to the Pension Fund Office and, if not consistent with this Agreement, can be used by the Trustees as the basis for termination of participation by the Company.


D. It is understood and agreed by both parties that, upon making its contribution to the Pension Fund in accordance with the Trust Agreement, the Company is relieved of any and all obligations in regard to the Pension Fund.

E. This obligation to contribute covers plants or terminals located at: Mascarin Collision Centre 610 Harold Cresent Thunder Bay, Ontario P7C 5H5

ARTICLE 22 - RENEWAL, REVISION AND TERMINATION

22.01

22.02

22.03

22.04

22.05

This Agreement shall be three years in duration, from March 1st, 2017, and shall continue in full force until and including February 29, 2020, and unless either party gives to the other party written notice of termination or of a desire to amend the Agreement, then it shall continue in effect for a further one (1) year period without change and so on from year to year thereafter.

Notice that amendments are desired or that either party intends to terminate the agreement shall only be given during the period of not more than ninety (90) days prior to the expiry date of this agreement.

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

This Agreement may be amended by mutual consent between the parties signatory hereto.

All Letters of Understanding form part of this Collective Agreement.


DATED AT THUNDER BAY, Ontario this 1k_ day of t€5 · , 2018.

MASCARIN COLLISION CENTRE

FOR THE COMPANY

FOR THE COMPANY

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS THUNDER BAY LODGE 1120

,~k FOR THE UNION

~~~ FOR THE UNION


SCHEDULE "A" COVERING MECHANICS, BODYMEN, PAINTERS, PAINTERS'

HELPERS, UPHOLSTERERS, TRIMMERS, AND APPRENTICES

1. Hours of Work

(a) The hours of work shall be forty (40) hours per week, eight (8) hours per day, Monday to Friday inclusive.

(b) The standard daily hours of work shall be from 8:00 A.M. to 4:30 P.M., Monday through Friday, with one-half hour for lunch at noon on the employee's time.

(c) At the option of both the Company and the employees, the standard daily hours may be changed from 8:00 A.M. to 5:00 P.M., with one hour for lunch at noon, provided that the change applies to all employees in the bargaining unit in any particular shop or location.

2. Overtime

(a) All time worked in excess of the regular daily hours as set out in Section 1, shall be paid for at the rate of time and one-half (1%X) for the first four (4) hours of overtime and double time (2X) thereafter. No employee shall be required to work more than eight (8) hours' overtime per week unless unavoidable.

(b) Time and one-half (1 %X) shall be paid for the first four (4) hours work on Saturday and double time (2X) thereafter. Double time shall be paid for all time worked on Sunday and Statutory Holidays, plus holiday pay where applicable. If called in on a Saturday, Sunday, or Statutory Holiday, a minimum of four (4) hours at the applicable rate shall be paid.

(c) If called in for work after clocking out on any regular work day (Monday through Friday) a minimum of two (2) hours at the


applicable overtime rate will apply.

(d) All time worked prior to regular starting time shall be paid at the rate of time and one-half (1 %X), provided said work was authorized and provided the employee completes his normal working hours on that day.

3. Traveling Time and Field Work

(a) All Journeymen required to work under any of the following conditions shall attract a premium bonus as shown below:

1. Journeymen required to work outdoors beyond the bounds of the Company's property.

2. All Journeymen who work indoors outside the city limits of Thunder Bay who are required to be absent from their homes overnight.

Premium Bonus= Thirty-Five Cents (35¢) per hour.

(b) Journeymen required to report for outdoor work and work outside the city limits of Thunder Bay shall be paid for all traveling time up to a maximum of eight (8) hours in each twenty-four (24) hours when required to travel to and from the job, plus all transportation, hotel and meal expenses. On work performed outside Thunder Bay, the employee may be required to commence work at 7:00 A.M., in which case any work performed after 4:00 P.M. shall be paid at overtime rates. All traveling time on Saturday, Sunday and Statutory Holidays shall be paid at overtime rates. In addition, if an employee is called upon to travel (by car or truck) after regular hours, which could normally be overtime, he shall be paid applicable overtime rates for traveling.


4. Classifications - Schedule "A"

(a) A Journeyman Mechanic or Bodyman is one who has completed an apprenticeship at the trade or its equivalent and holds a Class "A" or "B" certificate.

Competency: A Journeyman mechanic or bodyman must maintain a high standard of workmanship and perform work to the best of his trained ability.

(b) A Journeyman Painter, upholsterer or trimmer is one who has completed at least three (3) years at the trade and can perform his duties with a minimum of supervision.

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

The major portion of an apprentice's training is practical on-thejob training provided by the employer. To ensure that each and every apprentice receives complete practical training in all facets of the automotive trade, the Union Shop Steward may discuss with management ways to broaden the training of the apprentice, if in the Union's opinion, the employer is limiting the scope of the apprentice's training.

An apprentice's entitlement of vacation with pay, paid holiday pay, weekly indemnity, and all other fringe benefits will not be affected by his attendance at a Trade School.

Providing the Tradesman has completed the time in the trade necessary to write for a Provincial Trade Certificate, he may write for such certificate and receive the "A" rate immediately following his course of studies and notification that a Trade


Certificate will be issued.

If an apprentice is entitled to a reduction in the term of his apprenticeship because of academic achievement, he shall enter his apprenticeship at the proper category as per the Apprentice Contract and be paid accordingly.

(d) Prepper

A prepper is a person who prepares all body parts and components for refinishing by applying protective masking tape, and preparing the areas for the appropriate finish.

(e} Parts Technician

The Parts Technician shall be responsible for purchasing, ordering, receiving, storing, dispending and documenting all parts and materials for the Company.


SCHEDULE "B" - COVERING WELDERS

1. Hours of Work

- to coincide with Schedule "A"

2. Overtime

- to coincide with Schedule "A"

3. Classifications

Journeyman Welder is one with a certificate and/or five (5) years' experience in the welding trade and ninety (90) working days with the Company, who can efficiently operate electric and acetylene welding equipment. He must also be able to read shop drawings and use various types of electrode and metal and perform layout work which are normal and peculiar to the Company's business.

Class "B" Welder is one with three (3) years' experience and is performing the duties of a welder for the Company and can be depended upon to go on some field trips.

Class "C" Welder is one with two (2) years' experience and is performing the duties of a welder for the Company.


SCHEDULE "C"

COVERING LUBRICATION MEN, WASHMEN, UNDERCOATERS AND GENERAL HELPERS

(For the purpose of this Agreement, General Helpers are used car cleanup men, car jockeys, tire repair men (not Vulcanizing) etc.)

1. Hours of Work

The standard work week shall be one of forty (40) hours, made up as follows:

Eight (8) hours daily, Monday through Saturday. Daily hours to be between 8:00 A.M. and 6:00 P.M. and shall be agreed upon by the Company and the Union.

All employees shall have two (2) consecutive days off in each calendar week.

2. Overtime

(a) All time worked in excess of the regular daily hours as set out in Section 1, shall be paid for at the rate of time and one-half. No employee shall be required to work more than eight (8) hours' overtime per week unless unavoidable.

(b) All time on Saturday (except for those scheduled to and do work) and all time worked on Sundays and Statutory Holidays shall be paid for at the rate of time and one-half, plus the holiday pay where applicable. If called in on a Saturday, Sunday, or a Statutory Holiday, a minimum of four (4) hours at time and one-half will be paid for.


(c) If called in for work after clocking out on any regular work day (Monday through Friday) a minimum of two (2) hours at the applicable overtime rate will apply.

Mascarin Collision Centre Collective Agreement

Mascarin Collision Centre

Wage Rates & Pension Contributions

Classification March 1, 2017 March 1, 2018 Wages Pension Wages Pension

Journeymen with B,S.Tor N License 34.84 5.19 35.72 5.32 Journeymen Painters and Welders 34.84 5.19 35.72 5.32 Class "B" Welder- 90% 31.36 4.78 32.15 4.90 Class "C" Welder- 80% 27.88 4.37 28.57 4.48 Q Bodyman - 80% of Journeyman "B" 28.09 4.48 28.79 4.59

Auto Body Repairer Apprentice

1st 1800 hour Period of Training - 50% 17.43 3.15 17.86 3.23 2nd 1800 hour Period of Training- 60% 20.90 3.55 21.42 3.64 3rd 1800 hour Period of Training- 80% 27.88 4.37 28.57 4.48 4th 1800 hour Period of Training- 90% 31.35 4.78 32.13 4.90

'

QApprentice

1st 1800 hour Period of Training- 70% 19.67 3.47 20.16 3.56 2nd 1800 hour Period of Training- 85% 23.89 4.00 24.49 4.10

'

Automotive Painter Apprentice

1st 1800 hour Period of Training- 60% 20.90 3.55 21.42 3.64 2nd 1800 hour Period of Training- 80% 27.88 4.37 28.57 4.48

•

Parts Technician 24.13 4.21 24.73 4.32 1st 1800 hour Period of Training- 70% 16.89 2.95 17.31 3.02 2nd 1800 hour Period of Training- 80% 19.30 3.37 19.78 3.46

• '

Prepper 27.83 4.22 28.53 4.33 ;

Schedule C Helpers 15.92 3.29 16.32 3.38

Page 33

March 1, 2019 Wages Pension

36.43 5.42

36.43 5.42

32.79 5.00

29.15 4.57

29.37 4.68

18.22 3.29 21.85 3.71 29.15 4.57

32.78 5.00

20.56 3.63

24.98 4.18

21.85 3.71

29.15 4.57

25.22 4.40

17.66 3.08

20.18 3.52 '

29.10 4.41

16.65 3.44

KEEP THIS AGREEMENT

YOU MAY NEED IT!

For further information about the meaning of certain sections of this Agreement please get in touch with your

SHOP STEWARD

or

THE UNION OFFICE

PETER TOPETTO, Directing Business Representative

1200 Walsh Street, West Thunder Bay, Ontario

P7E4X4

Telephone: (807) 475-4779 Fax: (807)475-5956

collective agreement · company, without pay, for the transaction of union business. the employee...

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