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.- COLLECTIVE AGREEMENT BETWEEN: AND: R. FIEDLER MEAT PRODUCTS LTD. -and- 832038 ONTARIO LTD C.O.B. AS FIEDLER MEAT PRODUCTS (1991) (Hereinafter referred to as .. the Employer .. ) UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCALS 175 and 633 (Hereinafter referred to as .. the Uriion .. ) Effective: February 5, 2017 to February 4, 2020

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.-

COLLECTIVE AGREEMENT

BETWEEN:

AND:

R. FIEDLER MEAT PRODUCTS LTD.

-and-

832038 ONTARIO LTD C.O.B. AS FIEDLER MEAT PRODUCTS (1991)

(Hereinafter referred to as .. the Employer .. )

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCALS 175 and 633

(Hereinafter referred to as .. the Uriion .. )

Effective: February 5, 2017 to February 4, 2020

ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21

INDEX

RECOGNITION............................................................................ 4 UNION SECURITY...................................................................... 5 UNION REPRESENTATION........................................................ 7 MANAGEMENT RIGHTS............................................................. 8 NO DISCRIMINATION................................................................. 9 NO STRIKE OR LOCKOUT ......................................................... 10 GRIEVANCE PROCEDURE ........................................................ 10 ARBITRATION ............................................................................. 13 SAFETY AND HEALTH ............................................................... 14 LEAVE OF ABSENCE ................................................................. 15 SENIORITY .................................................................................. 17 JOB POSTING ............................................................................. 18 LAYOFF AND RECALL ................................................................ 19 WAGES AND CLASSIFICATIONS .............................................. 20 HOURS OF WORK AND OVERTIME .......................................... 20 VACATION WITH PAY ................................................................ 22 PLANT HOLIDAYS ...................................................................... 23 INSURANCE ................................................................................ 24 PENSION ..................................................................................... 25 GENERAL .................................................................................... 26 DURATION OF AGREEMENT ..................................................... 26

APPENDIX "A" WAGES & CLASSIFICATIONS ..................................................... 28

APPENDIX 11 B" 832038 ONTARIO LTD .................................................................. 30 ARTICLE I RECOGNITION ............................................................................ 30 ARTICLE II UNION SECURITY ...................................................................... 30 ARTICLE Ill UNION REPRESENTATION ........................................................ 30 ARTICLE IV MANAGEMENT RIGHTS ............................................................. 30 ARTICLE V NO DISCRIMINATION ................................................................. 30 ARTICLE VI NO STRIKES OR LOCKOUT .................... .-.................................. 30 ARTICLE VII GRIEVANCE PROCEDURE ........................................................ 30 ARTICLE VIII ARBITRATION ............................................................................. 30 ARTICLE IX SAFETY AND HEALTH ............................................................... 30 ARTICLE X LEAVE OF ABSENCE ................................................................. 31 ARTICLE XI SENIORITY .................................................................................. 31 ARTICLE XII JOB POSTING ............................................................................. 31 ARTICLE XIII LAYOFF AND RECALL ................................................................ 31 ARTICLE XIV WAGES AND CLASSIFICATIONS .............................................. 32 ARTICLE XV HOURS OF WORK AND OVERTIME .......................................... 32 ARTICLE XVI VACATION WITH PAY ................................................................ 33 ARTICLE XVII PLANT HOLIDAYS ...................................................................... 33 ARTICLE XVIII INSURANCE ................................................................................ 33 ARTICLE XIX PENSION ..................................................................................... 34

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ARTICLE XX GENERAL .................................................................................... 34 ARTICLE XXI DURATION .................................................................................. 34

LETTER OF AGREEMENT- BREAKS .................................................................. 35 LETTER OF AGREEMENT- CCWIPP .................................................................. 36

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BETWEEN: R. FIEDLER MEAT PRODUCTS LTD.

AND:

-and-

832038 ONTARIO LTD C.O.B. AS FIEDLER MEAT PRODUCTS (1991) (Hereinafter referred to as "the Employer")

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCALS 175 and 633 (Hereinafter referred to as "the Union")

ARTICLE 1 - RECOGNITION

1.01 (a) The Employer recognizes the United Food and Commercial Workers International Union, Local633, as the bargaining agent of all employees of R. Fiedler Meat Products Ltd., on Grigg Drive in the Town of Simcoe, save and except supervisors, persons above the rank of supervisor, office, clerical staff and truck drivers.

(b) The Employer recognizes the United Food and Commercial Workers Canada, Local 175, as the bargaining agent of all employees of 832038 Ontario Ltd. c.o.b. as Fiedler Meat Products (1991) and truck driver employees of R. Fiedler Meat Products Ltd. in the Town of Simcoe, save and except managers and persons above the rank of manager.

All matters applicable to the bargaining unit employees of 832038 Ontario Ltd., c.o.b. as Fiedler Meat Products {1991) and truck driver employees of R. Fiedler Meat Products Ltd. shall only be as set out in Appendix "B", which is attached to and forms part of this Agreement.

1.02 The term "employee" as used in this Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 1.01 above.

For the purposes of interpretation, whenever the feminine gender is used in this Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice-versa, wherever the context so requires.

1.03 The Employer shall not enter into any agreement or contract with those employees for whom the Union has bargaining rights, either individually or collectively.

1.04 The employees of the Employer not covered by this Agreement shall not perform

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work normally performed by bargaining unit employees, except that it is agreed and understood by both Parties that notwithstanding anything to the contrary in the Agreement, Brian Fiedler, Rebecca Fiedler, Michelle Lee, Ute Fiedler and their successors shall have the right to perform any work on any job which are included in the bargaining units. The above named people will not do work of the bargaining unit if a bargaining unit employee hired prior to February 17, 2007 is displaced, laid off, or working less than 8 hours a day or 40 hours per week.

ARTICLE 2 - UNION SECURITY

2.01 (a) Employees on the payroll of the Employer as of the date of ratification who are members of the Union in good standing must thereafter remain members of the Union as a condition of employment.

(b) Employees on the payroll of the Employer as of date of ratification shall become and thereafter remain members of the Union in good standing, as set out in (d) below, as a condition of employment.

(c) Any new employee hired after the signing of this agreement shall, make application for membership in the Union and shall become and remain, a member of the Union in good standing, as set out in (d) below, as a condition of employment with the Employer. The Employer will remit the Union Membership Application Form to the Union, signed by the new employee.

(d) For the purpose of this Agreement, employees who are or who become members shall be deemed to maintain their membership in the Union in good standing provided they pay in accordance with the provisions of this Agreement the regularly prescribed initiation fee and regular weekly dues uniformly required of all members of the Local Union and abide by the by­laws and constitution of the Union, copies of which will be available to each present employee and new employee within their probation period.

(e) In the event that any employee, who is required to obtain and maintain membership in good standing in the Union, is denied membership or is suspended or expelled from the Union so that under the terms of this Agreement such employee may not continue to be employed, the Union shall send to the Employer, a statement of reasons for the action taken in refusing membership or suspending or expelling that person from the Union.

(f) The Union agrees that, in taking such action against any employee, it shall neither act in a discriminatory manner or refuse membership or impose expulsion or suspension for any reasons contrary to its own Constitutions or Local Union By-Laws, or the Ontario Labour Relations Act.

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2.02 (a) (i) The Employer shall deduct from members of the bargaining unit the regular weekly Union Dues and such Dues shall be remitted to the Union prior to the fifteenth (15th) day of the month following the month in which such deductions are made.

(ii) The Employer shall collect membership initiation fees as may be established by the Union and forward such fees to the Union with the regular monthly dues remittance.

(b) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following current information as known by the Company:

1. S.I.N. 2. Full name (Last/First/Initials) 3. Full address, including City and Postal Code 4. Telephone number 5. Date of hire 6. Rate of pay 7. Classification 8. Full-time or part-time designation 9. Union dues deducted. If dues are deducted weekly, report requires

five (5) columns for reporting. 10. Total dues deducted 11. Initiation fees deducted 12. Total initiation fees deducted

(c) The Employer agrees to record the annual Union dues for each employee on his T4 form.

2.03 The Union shall provide the Employer with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

2.04 The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection and remittance of such dues.

2.05 The Employer agrees to acquaint new employees with the fact that a Union Agreement is in effect and with conditions of employment set out above.

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2.06 The Employer will pay three hundred and seventy five dollars ($375.00) to the U.F.C.W. Local 175 Training and Education every January 1 of the Collective Agreement.

2.07 The Employer agrees to pay for all room cost for negotiations.

ARTICLE 3- UNION REPRESENTATION

3.01 The Union agrees that, except as provided for in this Agreement, there will no Union activity on the premises of the Employer during the employees' working hours except by agreement with the Employer.

3.02 (a)

(b)

(c)

The Union shall have the right to appoint or otherwise select three (3) stewards from amongst employees within the bargaining units. Such steward shall have completed a minimum of one (1) years' service with the Employer. One (1) of the Stewards shall be from the Driver's unit.

The Union shall notify the Employer in writing of the name of each steward and, where applicable, each Committee Member, before Management shall be required to recognize any person so selected.

The Union acknowledges that the steward has regular duties to perform on behalf of the Employer. In a situation which requires a steward's attention during working hours, he shall not leave his regular duties without first obtaining the permission of his immediate supervisor. It is understood that the taking of such time away from regular duties shall be kept to a minimum and that permission will not therefore be unreasonably withheld. If permission is granted the matter will be dealt with expeditiously and the steward shall report to his immediate supervisor immediately upon his return. The Employer reserves the right to limit such time, if the time requested is unreasonable. It is further understood that the processing of a grievance shall not interfere with the regular conduct of business.

3.03 A staff representative of the Union shall request permission from the Employer for access to the Employer's premises for the purpose of consulting with the Steward, with regard to Union matters, or the Employer. It is agreed such Representative shall proceed to the Plant Manager's office to request permission from the Plant Manager, or his designate, to meet either with the Steward or the Employer and that such visits will be during normal business hours and timed to cause as little disruption as possible to the normal conduct of business. Such consultations with the Steward shall be in a place designated by the Employer and time taken shall be kept to a minimum. The Representative shall not consult with the Steward nor enter the plant until he has received the permission from the Employer.

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In the event the Plant Manager or his designate are unavailable or absent, the Representative will leave the premises immediately and arrange to meet with the Employer or Steward at a time convenient for both the Representative and the Employer.

3.04 (a)

(b)

(c)

When a seniority employee is to be dismissed without notice, he will have the right to have a steward or another employee, who is at work at the time, to be present as a witness. He shall also have the right to interview a steward, who is at work at the time, for a reasonable period of time at a place designated by the Employer before leaving the premises.

If an employee is to receive a written reprimand or suspension, he will have the right to have a Steward who is at work at the time, to be present as a witness.

The Chief Steward and employee(s) party to the incident shall be given a copy of warnings, suspensions, or notice of discharge which are to be entered in the employee's personnel file.

The Company agrees that upon written request to the Plant Manager or designate at Step 2 of the Grievance Procedure, the Union or Representative may be given permission to view all documents pertaining to unsatisfactory conduct or work performance contained in the affected employee's personnel file.

3.05 The Negotiating Committee shall consist of a Union Representative of the Union and not more than two (2) representatives from the Bargaining Units (Locals 175 and 633) appointed or elected by the Union. Employees appointed by the Union to the Negotiating Committee, who are required to be in attendance at negotiating sessions with the Employer, shall suffer no Joss of pay for regular hours spent in meetings with the Employer.

ARTICLE 4- MANAGEMENT RIGHTS

4.01 The Union agrees that all rights, prerogatives and authority the Employer had prior to signing the first Agreement are retained by the Employer except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency; to allocate duties to all employees, including the scheduling of overtime work;

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(b) hire, discharge, transfer, promote, demote or discipline employees, subject to the terms of this Agreement and provided that a claim that a seniority employee who has been discharged or disciplined without reasonable cause may be the subject of a grievance and may be dealt with as hereinafter provided;

(c) operate, manage and conduct its business in all respects in accordance with its commitments, and responsibilities and without restricting the generality of the foregoing, the right to manage the jobs, relocate, extend, curtail or cease operations, to determine the number of employees required, to determine the number, type and location of equipment, the products to be produced, methods of production, schedules of production, kinds and locations of machines and tools to be used, processes and means of manufacturing and assembly, the scheduling of shipments and productions and to judge the qualifications of the employees;

(d) make, alter from time to time, and enforce reasonable rules of conduct and procedures to be observed by the employees; and

(e) take any other action unless otherwise restricted by this Agreement.

4.02 Without limiting the general right of the Employer, to discharge employees, it is expressly understood and agreed that any of the following causes shall be conclusively deemed to be sufficient cause for, and the specific penalty shall be discharge of an employee; theft or unauthorized removal of the Employer's product from the Employer's property; disclosure of confidential information pertaining to the Employer's business; consuming intoxicating liquors or illicit drugs or being under the influence of illicit drugs or selling or buying illicit drugs while on duty or on the Employer's premises or in the Employer's vehicles or operating an Employer vehicle.

4.03 An employee who has not completed his probationary period may be discharged without cause and at the sole discretion of the Employer.

4.04 The Employer agrees that it will not exercise its functions in Article 4 Management Rights, in a manner inconsistent with the express provisions of this Agreement.

ARTICLE 5 - NO DISCRIMINATION

5.01 The Employer and the workers shall not discriminate against any employee with respect to terms or conditions of employment on the basis of race, creed, colour, age, sex, marital status, religion, nationality, ancestry or place of origin, union membership or activity, family relationship, place of residence, political affiliation or activity or sexual orientation.

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ARTICLE 6- NO STRIKE AND LOCKOUT

6.01 (a) In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that during the life of this Agreement there will be no strike, slowdown or stoppage of work.

(b) The Employer agrees that there will be no lockout of employees during the life of this Agreement.

6.02 The words "strike" and "lockout" shall be in accordance with the Labour Relations Act.

ARTICLE 7- GRIEVANCE PROCEDURE

7.01 It is the mutual desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible without stoppage of work.

7.02 A grievance shall be defined as a complaint between the Employer and the Union, or between the Employer and an employee regarding the meaning, interpretation, application or alleged violation of this Agreement, or in the case of an employee who has acquired seniority under this Agreement, a complaint that he has been unjustly disciplined or discharged.

In the case of a seniority employee who alleges that he has been unjustly disciplined, the complaint step shall be bypassed and the aggrieved employee shall file a grievance directly at Step 1.

7.03 It is understood that an employee has no grievance until he had first given his immediate supervisor an opportunity to adjust his complaint. If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be considered a grievance, such discussion must take place within seven (7) calendar days after the circumstances giving rise to the complaint first occurred or originated. The supervisor shall communicate his reply to the complaint within seven (7) calendar days.

Any complaint which is not presented within seven (7) calendar days following the event giving rise to such grievance, or from the time an employee reasonably should have been aware of the alleged grievance, shall be forfeited by the aggrieved party.

7.04 If the complaint is not settled to the satisfaction of the employee concerned, the complainant may file a grievance in the following manner and sequence:

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STEP 1

Within seven (7) calendar days following the decision concerning the complaint, the employee with the assistance of his steward, may present a signed, dated, written statement of such grievance to the immediate supervisor. The nature of the grievance, the Article(s) of the Agreement that has been allegedly misapplied or misinterpreted and the relief or remedy sought shall be set out in the grievance. The immediate supervisor shall deliver his decision within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then:

STEP 2

Failing settlement at Step 1, a Business Representative of the Union may within ten (1 0) calendar days, schedule a meeting with the Employer or his designate. The Union steward and/or the employee may be present at such meeting. Upon the completion of this meeting, the Employer or his designate shall render his decision within ten (1 0) calendar days.

7.05 It is understood that an employee who has a complaint or a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the duties assigned to him by management (unless he has been suspended or discharged), providing such duties do not jeopardize the life, health or safety of the employee.

7.06 Policy Grievance

a) The Union may file a "Policy Grievance" which may not be used to bypass the regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance. Such policy grievance shall be filed in writing within twelve (12) calendar days of the initial incident giving rise to the complaint. The grievance must be signed by an authorized Officer of the Union or steward and shall be heard at Step 2 of the Grievance Procedure.

b) The Employer shall have the right to lodge a grievance with the Union concerning the meaning, application or interpretation of any provision of this Agreement. The grievance shall be filed in writing with the Union by Senior Management within twelve (12) calendar days of the incident giving rise to the complaint. A meeting shall be held between representatives of the Employer and the Union within ten (1 0) working days of filing the grievance. The grievance shall be answered in writing by the Union within ten (1 0) working days of such meeting. Failing settlement, the Employer may submit the grievance to arbitration in the same manner as set below

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for all grievances.

7.07 Group Grievance

The Employer will recognize a group grievance as one which affects more than one employee with respect to whom the issues and facts are substantially the same. Such affected employees shall sign the grievance.

7.08 Discharge Grievances

A claim by an employee that he has been discharged without just cause, will be treated as a special grievance commencing at Step No. 2 of the Grievance Procedure, provided a grievance signed and dated by the employee is submitted within three (3) working days after the discharge occurs.

Such special grievances may be settled by confirming the discharge, or by any other arrangement which is just and equitable in the opinion of the conferring parties.

The Employer will notify the steward of the dismissal of any employee in the bargaining unit.

7.09 Any step of the Grievance Procedure may be waived by mutual agreement in writing between the Employer and the Union.

7.10 Decisions arrived at between the Employer, the employee and the Union on the disposition of any specific employee, Union or Employer grievances shall be final ~md binding upon the Employer, the Union and the employee or employees concerned.

7.11 If final settlement of the grievance is not reached under paragraphs 7.04 and 7.06 then the grievance may be referred in writing by either party to arbitration as provided in Article 8 - Arbitration, at any time within thirty (30) calendar days after the decision is given in accordance with 7.04 or 7.06 as the case may be.

7.12 Notices required to be in writing shall be deemed to be properly given if given orally or by telephone and confirmed by fax dated or letter post-marked no later than the final day for giving notice.

7.13 In view of recent changes to the Ontario Labour Relations Act, and resulting decisions there from, and in view of the parties' history of amiable Labour Relations, the parties agree to the following:

That neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to do so.

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Should either party setve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in doing so.

ARTICLE 8- ARBITRATION

8.01 When either party requests that a grievance be submitted to arbitration as provided under Article 7, it shall make such a request in writing addressed to the other party to this Agreement and, at the same time, nominate a nominee.

Within ten (1 0) working days thereafter, the other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and unless the time has been extended by mutual agreement between the two parties, the Minister of Labour for the Province of Ontario shall have power to affect such appointment upon application thereto by the party invoking the arbitration procedure.

The two (2) nominees so nominated shall confer and shall attempt to select, by agreement, a Chairperson of the Arbitration Board. If they are unable to agree upon such Chairperson within a period of fifteen (15) working days after the nomination of the second nominee, they or either of them may request the Province of Ontario to appoint a Chairperson.

8.02 No person may be appointed a nominee or selected for chairperson who has been involved in an attempt to negotiate or settle the grievance.

8.03 No matter may be submitted to arbitration which has not been carried through all previous steps of .the Grievance Procedure.

8.04 Each of the parties hereto shall bear the expenses of the representatives appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration.

8.05 Time limits referred to under this Article may be extended by written agreement between the Employer and the Union.

Notices required to be in writing shall be deemed to be properly given if given orally or by telephone and confirmed by fax dated or letter post-marked no later than the final day for giving notice.

8.06 The decision of the majority of the Arbitration Board shall be the decision of the

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Board, and shall be final and binding on the Employer, the Union and the employee(s) affected, provided, however, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor make any decision inconsistent with the provisions of this Agreement.

8.07 In determining any discharge, the Board of Arbitration shall have the authority to:

(a) affirm the Employer's action and dismiss the grievance, or;

(b) set aside the penalty imposed by the Employer and restore the griever to his former position with or without compensation, or;

(c) vary or alter the penalty imposed by the Employer, or make such determination as the Board in its discretion may deem just and reasonable.

8.08 The parties may agree to a Single Arbitrator by mutual agreement who shall have all the same rights as a Board of Arbitration.

8.09 A deficit in form, a technical irregularity or an error shall not be grounds for abrogating a grievance or arbitration.

ARTICLE 9- SAFETY AND HEALTH

9.01 The Employer shall make reasonable provisions for the safety and health of its employees ·during the hours of their employment. Protective devices on machinery and other devices deemed necessary to properly protect employees from injury shall be provided by the Employer. All such protective devices shall remain the property of the Employer. The Employer agrees to replace equipment, when required, based on normal wear and tear. Where equipment is lost or dama·ged, the employee must pay the replacement cost.

It is the responsibility of all employees to wear, safeguard and reasonable maintain safety equipment which is supplied and/or required, to observe safe working practices and to report any unsafe conditions to management.

9.02 The Employer and the Union shall maintain an Occupational Health and Safety Committee consisting of two (2) members. One member will be elected or appointed by the Union and one (1) member will be appointed by the Employer. The committee shall have regular meetings in accordance with the Act.

9.03 No disciplinary action shall be taken against any employee by reason of the fact that he has exercised a right conferred upon him under the Occupational Health and Safety Act.

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9.04 An employee who is injured during working hours and is required to leave for treatment of such injury, shall receive payment for the remainder of the shift at their hourly rate of pay, unless the doctor states that the employee is fit for further work on that shift. If it is necessary, the Employer will arrange for suitable transportation for the employee to the doctor or hospital

9.05 Launderable single smock aprons, gloves, hair nets and hard hats, specified by the Company as required for work will be supplied at no cost to the employee. Such clothing remains the property of the Company and must be returned for new issue, or upon termination from the Company.

The Company will make the necessary arrangements for the laundering of such clothing.

9.06 The Company shall provide first-aid provisions in accordance with the Workplace Safety and Insurance Act.

9.07 All employees must wear C.S.A. approved safety shoes in good condition. The Employer shall pay a boot allowance of one hundred and twenty-five dollars ($125.00) payable on August 1 each year to all seniority employees. New hired employees as of the ratification date will be reimbursed for the boot allowance upon completion of one (1) year seniority, twelve (12) calendar months as per the amount above.

ARTICLE 10- LEAVE OF ABSENCE

1 0.01 Personal Leave

While it is the exclusive prerogative of the Employer to grant a leave of absence, an employee who has completed his probationary period, may apply for a leave of absence without pay and without benefits for legitimate personal reasons. A request for such leave shall be made in writing stating reasons, at least, except in emergency circumstances, one (1) month prior to the desired commencement date of the leave. The Employer will reply in writing within ten (10) days of receiving the request.

1 0.02 Union Leave

(a) An employee chosen by the Union to attend to Union business or conventions outside the plant may, with permission of the Employer, be granted leave of absence without pay not to exceed a total of ten (1 0) days per year for all employees in the bargaining units. Not more than one (1) employee may be granted Union leave at any one time. Said Union leave of absence must be requested in writing at least two (2) weeks in advance. The leave will be confirmed in writing by the Employer.

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(b) An employee elected or appointed to a paid full-time position within the Union, shall be granted up to one (1) year leave of absence without pay or benefits.

(c) The Employer will consider special request from the Union to have one (1) additional employee off on union leave at the same time provided such additional leave would not result in any additional expense.

10.03 Jury Duty and Crown Witness Leave

When a regular full-time employee is required to serve on a jury or is called upon as a Crown witness, the Employer agrees to pay the employee the difference between the fees received from the Crown and the employee's regular scheduled earnings calculated at his regular hourly rate of pay. It is the employee's responsibility to come into work at any time during the week that he is not actually required for Jury Duty or to be present in Court.

The Employer may require the employee to furnish a certificate of service from an officer of the Court before making any payment under this section.

10.04 Bereavement Leave

(a) In the event of a death in an employee's immediate family, a regular full­time employee, active on the payroll, provided he has completed his probationary period, shall be granted a leave of absence with pay of up to a maximum of three (3) consecutive scheduled work days upon proper notification of the Production Foreman.

(b) An employee's immediate family shall mean spouse, parent, child, brother or sister, mother-in-law, father-in-law, grandparents and grandchild.

(c) In the event of the death of an employee's brother-in-law or sister-in-law, a regular full-time employee, active on the payroll, provided he has completed his probationary period, shall be granted a leave of absence with pay of one (1) day to attend the funeral.

(d) An employee shall not receive paid bereavement leave while on any other authorized leave of absence, maternity leave, his scheduled day off, vacation, paid holiday or compensable or non-compensable illness or accident.

10.05 A leave of absence shall not be granted for the purpose of allowing any employee to take another position temporarily, to try out new ventures, or venture into business for himself. An employee accepting gainful employment while on a leave of absence shall be terminated by the Employer and there shall be no recourse to the grievance and/or arbitration procedures.

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10.06 Pregnancy and Parental Leave

Pregnancy and Parental Leave shall be granted as per the Employment Standards Act, 1990, as amended from time to time.

ARTICLE 11 - SENIORITY

11.01 (a) Seniority shall be defined as length of continuous employment with the Employer in the respective bargaining unit and shall be exercised on a departmental basis.

(b) Service shall be defined as length of continuous employment with the Employer

11.02 An employee shall not have any seniority, and shall be considered as a probationary employee until he attains seniority status by actually working a total of four (4) calendar months. Upon completion of the probation period, the employee's seniority will be backdated to his most recent date of hire.

It is expressly understood by both parties that during the probationary period an employee shall be considered as being employed on a trial basis and may be discharged at any time at the sole discretion of the Employer. The discharge, lay-off or failure to recall after lay-off of a probationary employee shall not be the subject of a grievance and/or arbitration pursuant to this Agreement.

If the probation period needs to be extended for one {1) more month, the Employer must inform the Union to the reason for the extension request and the employee must agree to such request. The Employer and the Union will not be arbitrary in applying the extension.

11.03 An employee shall lose his seniority standing and his employment shall be terminated for any one of following reasons:

(1) if the employee voluntarily quits;

(2) if the employee is discharged for just cause and is not reinstated;

(3) if, following layoff, the employee fails to return to work within seven (7) calendar days after receiving notice to do so. The employee shall keep the Employer informed of his current address. The employee shall be deemed to have received notice to return to work if the Employer sends him such notice by registered mail. Notice of recall may be given by phone and confirmed by written notice;

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(4) if the employee has been on lay-off for a period in excess of twelve (12) consecutive months;

(5) if the employee is absent from work for a period in excess of three {3) consecutive scheduled working days without a satisfactory reason;

{6) if the employee uses a leave of absence for a purpose other than for which it was granted, or fails to return to work at the expiration of a leave of absence, without a satisfactory reason.

11 .04 The Employer will issue an up-to-date seniority list on or about June 3oth and December 31st of each year. A copy of such seniority list shall be provided to the Chief Steward and a copy posted on the plant bulletin board for employees' inspection.

ARTICLE 12- JOB POSTING

12.01 (a) The term "permanent vacancy", as used in this Agreement, shall be defined as any permanent full-time job opening of more than three (3) consecutive months duration. A "temporary vacancy" shall be defined as any full-time job opening of less than three (3) consecutive months duration or longer with the approval of the Union, except that vacancies of more than three (3) consecutive months caused by employees being on vacation, off work · due to illness or accident, including Workers' Compensation {Workplace Safety and Insurance Board (WSIB)}, on an approved leave of absence or a short term task of less than six (6) months, shall be considered temporary also.

(b) The Employer may fill a temporary vacancy at its discretion.

12.02 When a permanent full-time vacancy occurs, which comes within the scope of the Agreement and which the Employer intends to fill, the available position shall be posted with the rate of pay on the job posting for a period of three (3) working days in order that interested employees may apply in writing.

In order to be eligible for the posted vacancy, an employee must apply in writing within the three (3) working day period. An employee who is absent at the time a posting occurs, and who has made a request in writing prior to such absence, shall be considered for job postings occurring during the period of such absence provided the employee will be at work at the time the Employer requires the successful candidate to commence the new job. It is understood and agreed that there shall be no "standing" notice and that a fresh notice must be given in advance of each leave granted.

The Employer shall fill the vacancy as soon as practicable.

18

12.03 In selecting a candidate to fill a permanent full-time vacancy within the bargaining unit, the Employer shall consider:

(i) skill, ability, qualifications, physical fitness and experience;

(ii) seniority.

Where the qualifications of factor (i) are relatively equal, then factor (ii) shall govern.

12.04 In the event that there are no candidates who possess the overall qualifications or where no employee applies for the opening, the Employer may fill the opening at its discretion.

12.05 A successful candidate under this Article 12, shall not be able to apply for another posting for nine (9) months without the approval of the Employer.

ARTICLE 13- LAYOFF AND RECALL

13.01 (a) In the event of a layoff, the Employer shall initially layoff probationary employees within the affected classification. If there is a need for a further layoff, then part-time employees within said classification shall be laid off in reverse order of their seniority.

In the event there is still a requirement for a further reduction of employees within said classification, full-time employees would be laid off in reverse order of seniority. The most junior full-time employee in the affected classification may then displace the most junior full-time employee in the General Labourer classification, provided the laid off employee has the present skill, ability and physical fitness to perform the normal requirements of the General Labourer's job in an efficient manner.

The most junior full-time employee in the General Labourer's classification may move to part-time within said classification displacing a probationary employee or the most junior part-time employee in said classification if necessary.

(b) An Employee laid off into the General Labourer's classification shall be paid the General Labourer's rate of pay.

(c) Notwithstanding (a) and (b) above, the parties agree that, in the event a full-time employee is laid off that no probationary or part-time employee(s) shall be working at the plant.

13.02 Employees shall be recalled in the order of their seniority, where jobs become available, provided they have the present skills, ability and physical fitness to

19

perform such jobs. The Employer shall recall employees by phone and confirm such notice of recall by registered mail to the last recorded address of the employee on the Employer's record. The employee shall be responsible for advising the Employer at all times of his current phone number and address.

13.03 The Employer will not hire a new employee for permanent full time openings until those qualified employees on layoff have been given the opportunity of recall. Laid off employees who wish to be notified of job vacancies may signify their desire in writing prior to layoff and shall be entitled to apply for such jobs. The employee shall give a copy of his written request to the Employer and will send a copy to the Union.

13.04 The Union shall be notified of all layoffs at the time of notification to the employee.

ARTICLE 14- WAGES AND CLASSIFICATIONS

14.01 Attached hereto and forming part of this Agreement is Appendix "A", Wages and Job Classifications.

14.02 An employee who is temporarily transferred to meet the Employer's convenience to another job for which the regular rate is less than that which the employee is receiving, shall retain his former rate, and if such transfer is to a job with a higher rate, the employee shall receive the higher rate for such job provided the employee works at least two (2) hours at the higher rated job.

An employee who takes a lower rated job to avoid a lay-off will receive the rate for the lower job classification for all hours he is assigned to that classification.

14.03 The Company shall provide Direct Deposit weekly pay cheques. Wednesday shall be the normal payday and each employee shall receive an itemized pay record. All employees must have a bank account and must participate in the program.

ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 The Union recognizes that the nature of the business and of the Employer's product requires flexibility of scheduling. Consequently, the normal work week may be altered as required by the operation of the business. It is expressly understood that the provisions of this Article are intended only to provide a basis for calculating payment for time worked and shall not constitute a guarantee as to the hours of work per day or per week nor as to days of work per week nor as a guarantee of working schedules. Notwithstanding the above, the Employer shall schedule two (2) consecutive days off each week and one of the days off shall be Sunday.

20

15.02 (a) The normal hours of work for full-time employees shall consist of five (5) days and up to forty (40) hours per week.

(b) The normal hours of work for part-time employees shall be thirty (30} hours or less per week.

(c) Notwithstanding 15.02 (b), a part-time employee may work up to forty (40) hours per week for the periods: two (2) weeks before Easter, two (2) weeks before Thanksgiving and the month of December.

15.03 (a) All authorized work performed by an employee in excess of eight (8) hours in a day and all authorized work performed on a Saturday or Sunday shall be paid at the rate of time and one half ( 1-1 /2).

(b) In the week of a paid holiday, all authorized work performed by an employee beyond thirty-two (32) hours (one (1) paid holiday) or twenty­four (24) hours two (2) paid holidays shall be paid at the rate of time and one half (1-1/2).

15.04 In no event shall overtime and/or premium compensation be duplicated, compounded or pyramided. In the event an employee receives overtime he shall not receive shift premium on the same hours.

15.05 (a) It is recognized that the Employer will require overtime from time to time due to the nature of the business.

(b) Overtime opportunities after forty (40) hours worked in a week shall be offered as equitably as possible among the qualified employees who normally perform the work.

(c) Where overtime is offered and there are insufficient qualified volunteers, the Employer shall have the right to assign the work starting with the most junior employee who is qualified to perform the required work and continuing in inverse order of seniority until sufficient qualified employees have been assigned.

15.06 (a) Employees shall be allowed a fifteen (15} minute paid rest period approximately half way through each half shift.

(b) Each employee shall have a one-half (%) hour unpaid lunch break to be taken approximately mid-way during their shift.

15.07 Any employees who has completed his shift and has left the Employer's premises and is then recalled to work extra time shall be paid at time and one­half (1 %), and will not receive less than the equivalent of four (4) hours' pay at the employee's regular rate of pay for such additional work.

21

15.08 Subject to 15.04, employees in the shipping department, scheduled to commence work between 7:00 p.m. and midnight, shall be paid a shift premium of fifty cents ($.50) per regular hour worked on their shift.

ARTICLE 16- VACATION WITH PAY

16.01 (a)

(b)

(c)

(d)

(e)

{f)

An employee who has less than one (1) year of service as of June 30th of .the vacation year shall be entitled to one (1) week vacation. Vacation pay shall be four per cent (4%) of the employee's gross earnings for the year ending June 30th.

An employee who has more than one (1) year of service as of June 30th shall be entitled to two (2) weeks vacation to be scheduled by mutual agreement between the Employer and the employee. Vacation pay for each week of entitlement shall be two percent (2%) of the employee's gross earnings for the year ending June 30th.

An employee who has completed five (5) but less than eleven (11) years of service as of June 30th shall be entitled to three (3) weeks vacation to be scheduled by mutual agreement between the Employer and the employee. Vacation pay for each week of entitlement shall be two per cent {2%) of the employee's gross earnings for the year ending June 301h.

An employee who has completed ten (1 0) or more years of service as of June 30, shall be entitled to four (4) weeks vacation to be scheduled by mutual agreement between the Employer and the employee. Vacation pay for each week of entitlement shall be two percent (2%) of the employee's gross earnings for the year ending June 30th.

An employee who has completed eighteen (18) or more years of service as of June 301h shall be entitled to five (5) weeks vacation to be scheduled by mutual agreement between the Employer and the employee. Vacation pay for each week of entitlement shall be two percent (2%) of the employee's gross earnings for the year ending June 30th.

An employee who has completed twenty-six (26) or more years of service as of June 301

h shall be entitled to five (5) weeks' vacation to be scheduled by mutual agreement between the Employer and the employee. Vacation pay for each week of entitlement shall be two percent (2%) of the employee's gross earnings for the year ending June 301

h. In addition, an employee who has completed twenty-six (26) or more years of service as of June 301

h shall be entitled to five (5) additional days (a sixth (6) week of vacation) to be scheduled by mutual agreement between the Employer and the employee without pay.

16.02 Gross Earnings shall mean total taxable earnings for the fifty-two (52) week

22

period from July 1st to June 30th.

16.03 An employee shall not be permitted to accumulate his vacation from one calendar year to another.

16.04 An employee who terminates his employment or is terminated for whatever reason shall be paid his vacation allowance in accordance with the Employment Standards Act.

16.05 The Employer shall indicate to the employees the weeks available for vacation and the employees shall have the opportunity to select their vacation entitlement in order of seniority provided they advise the Employer by May 1st of the year.

16.06 Upon a least two (2) weeks' advance notice to the Employer, employees will receive their vacation pay based on the amount earned at that time. Said vacation pay shall be on a separate cheque on the last pay day prior to their vacation.

ARTICLE 17- PLANT HOLIDAYS

17.01 The Employer will observe the following plant holidays:

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

Labour Day Thanksgiving Day Christmas Day Boxing Day Family Day

17.02 (a) Where a designated holiday falls on a Saturday or Sunday, it shall be observed on the preceding Friday or the following Monday, as scheduled by the Employer.

(b) Eligible full-time employees shall receive plant holiday pay based on the employee's average daily number of regular hours worked in the four (4) weeks preceding the week of the holiday multiplied by the employee's regular base rate of pay.

(c) Part-time employees will receive holiday pay in accordance with the Employment Standards Act.

(d) Employee will be required to schedule one (1) week prior to the schedule of a personal day under emergency day is requested as per the Employment Standards Act, 1990, the leave will be without pay.

17.03 To be eligible for holiday pay an employee must have completed his probation period and must work on his last scheduled working day immediately preceding

23

his plant holiday and his first scheduled work day immediately following the holiday, unless the employee was off work because of provable sickness, or accident, authorized leave of absence or on layoff, provided the employee worked within five (5) days of the holiday.

17.04 If any of the above mentioned paid holidays occurs during an employee's vacation period, the employee will receive an additional days' pay calculated as provided in Clause 17.02.

17.05 Authorized work performed by an employee on any of the above-named holidays shall be paid at the rate of one and one-half (1 %) times his rate except in the case of shift employees where part of one of their regular shifts extends into the calendar day of the holiday. The premium for time worked is in addition to any holiday pay to which the employee is entitled.

ARTICLE 18- INSURANCE

18.01 Effective August 1, 2004, the Employer will pay seven-five percent (75%} of the premium costs to provide the following insured benefits for all permanent full-time employees with three (3) months' continuous service who have met the eligibility requirements of the various insurance plans and in accordance with the rules and regulations of the plans:

1.

2.

3.

Life Insurance

AD&D

Extended Health

$10,000

$1 0,000 and according to the schedule for dismemberment

Employee and dependent coverage

Semi-Private $50.00 max per day Prescription drugs Supplemental Health Care including out of province and emergency assistance. Plan pays 80% of eligible expenses with a $25.00 family deductible Effective February 17, 2007 hearing aide coverage will be $700.00 every 3 years and Physiotherapy will be increased to $400.00 every year.

4. Weekly Indemnity standard Benefit Effective August 1, 2004, benefit is 60% of an employee's base rate up to a maximum of $400.00 per week. Payment begins on the fifteenth day absent due to sickness or accident Maximum benefit period is 15 weeks

5. Dental Benefit: United Food and Commercial Workers Trusteed Dental

24

Plan (Ontario)

Effective February 5, 2013, the Employer agrees to contribute fifty-nine cents ($0.59) per hour for all hours worked for all full-time, permanent employees to the United Food and Commercial Workers Trusteed Dental Plan (Ontario). The Employer's contribution to the plan will be calculated at the end of each month and will be forwarded to the plan within twenty­one (21) days following the end of each month.

In the second year of the agreement, the Company will increase the contribution to the United Food and Commercial Workers Trusteed Dental Plan (Ontario) by five cents ($0.05) to sixty-four cents ($0.64), per hour for all hours worked for all full-time, permanent employees.

In the third year of the agreement, the Company will increase the contribution to the United Food and Commercial Workers Trusteed Dental Plan (Ontario) by five cents ($0.05) to sixty-nine cents ($0.69), per hour for all hours worked for all full-time, permanent employees.

6. The Employer will reimburse all full-time employees up to one hundred and fifteen dollars ($115.00) once per year for eye examinations.

18.02 The Employer is not the insurer and any dispute as to entitlement of benefits is between the employee and the insurer. The Employer will provide a booklet outlining the benefits provided by the plan.

18.03 If government legislation is enacted during the term of this Agreement which establishes a plan of benefits which duplicates any of the benefits provided by the Employer's plan, resulting in a reduction in the cost of such benefits to the Employer, the Union agrees that any such cost reduction will be absorbed by the Employer.

ARTICLE 19- PENSION

19.01 The Employer agrees to provide all Employees, who have completed one (1) or more years of service, the appropriate RASP application form within two (2) weeks of Date of Ratification.

Effective February 5, 2017 the Employer will contribute seventy-five cents (75) per hour for all hours worked on a monthly basis to the appropriate RASP set up for the Employee.

Effective February 5, 2018 the Employer will contribute eighty-five cents (85) per hour for all hours worked on a monthly basis to the appropriate RASP set up for the Employee.

25

Effective February 5, 2019 the Employer will contribute ninety-five cents (95) per hour for all hours worked on a monthly basis to the appropriate RRSP set up for the Employee.

The Employer will only contribute to an RRSP for an Employee who has completed and returned the appropriate RRSP application form within 30 calendar days of issue. In the event an Employee fails to complete the RRSP application form within 30 calendars days of receiving the application form, the Employer will only be required to contribute to the RRSP as of the day in which the application is received.

ARTICLE 20 - GENERAL

20.01 The Union shall have the use of a bulletin board in the Employer's premises provided for by the Company for the purpose of posting notices relating to the Union's legitimate business. Notices other than meeting notices must be approved by the Operations Manager prior to being posted. Such approval will not be unreasonably withheld.

20.02 It is the responsibility of each employee to notify the Employer of any change in his home address and mailing address, telephone number and marital status. Failure to keep the Employer informed of the above matters will relieve the Employer of any responsibility for failure to comply with any part of this Agreement where such information is necessary in order to comply.

20.03 Adequate rest rooms shall be provided and kept heated and ventilated and in a sanitary condition. The employees shall cooperate with the Employer in keeping the rest rooms in a clean and sanitary condition.

ARTICLE 21 -DURATION OF AGREEMENT

21 .01 This Collective Agreement shall remain in force from the February 5th, 2017 until the 4th day of February 2020 and until all provisions of the Ontario Labour Relations Act have been expended.

21.02 Either party may give the other party notice of renewal and/or amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of the Agreement. In the event said notice is not given, the Agreement shall continue in accordance with the Ontario Labour Relations Act. Upon receipt of notice, the parties shall endeavour to meet within thirty (30) days to commence negotiations.

26

day of fltr• I , 2017. I

FOR THE UNION

,F',

~+--/

Brenda Simmons

27

APPENDIX II A" WAGES & CLASSIFICATIONS

Effective: February 4, 2017 Start 1 2

1. Charge Hand -$17.45 $17.60 $17.90 Production

2. Charge Hand -$16.45 $16.60 $16.90 Packaging

3. Lead Hand $14.45 $14.65 $14.90 4. Stuffer/Sausage

$13.95 $14.15 $14.40 Formulator/Injector 5. Packer/Shipper $11.95 $12.15 $12.40 6. Rollstock Operator $11.45 $11.65 $11.90 7. General Labour $11.40 $11.45 $11.70 8. Part-time $11.40 $11.50 $11.75

3 4

$18.25 $23.02

$17.25 $22.02

$15.25 $17.14

$14.70 $16.61

$12.75 $14.48 $12.25 $14.00 $12.05 $13.75

Year one (1)- All employees in the bargaining unit will receive a lump sum payment of five hundred dollars ($500.00) minus taxable payment. The Employer will make payment within two (2) weeks of ratification date on a separate cheque.

An employee may be hired at a rate higher than the start rate and/or may progress through wage increments in less time than set out in the wage schedule.

Employees will receive an increase at six (6) month intervals from their date of hire or from the date of promotion to a different classification as the case may be, until they reach the top rate in their classifications.

Effective: February 4, 2018 Start 1 2 3 4

1. Charge Hand -$17.72 $17.82 $18.12 $18.48 $23.31 Production

2. Charge Hand -$16.66 $16.81 $17.11 $17.47 $22.30 Packaging

3. Lead Hand $14.63 $14.83 $15.08 $15.44 $17.35

4. Stutter/Sausage $14.12 $14.33 $14.58 $14.88 $16.82 Formulator/Injector

5. Packer/Shipper $12.10 $12.30 $12.55 $12.91 $14.66 6. Rollstock Operator $11.59 $11.79 $12.05 $12.40 $14.17 7. General Labour $11.40 $11.59 $11.85 $12.20 $13.92 8. Part-time $11.40 $11.64 $11.90

28

Effective· August 4 2018 l

Start 1 2 3 4 1. Charge Hand - $17.94 $18.04 $18.35 $18.71 $23.60 Production 2. Charge Hand -

$16.87 $17.02 $17.32 $17.69 $22.58 Packaging 3. Lead Hand

$14.81 $15.01 $15.27 $15.63 $17.57

4. Stuffer/Sausage $14.30 $14.51 $14.76 $15.07 $17.03 Formulator/Injector

5. Packer/Shipper $12.25 $12.45 $12.71 $13.07 $14.84 6. Rollstock Operator $11.73 $11.94 $12.20 $12.55 $14.35 7. General Labour $11.53 $11.73 $12.00 $12.35 $14.09 8. Part-time $11.53 $11.78 $12.05

Effective· February 4 2019 l

Start 1 2 3 4 1. Charge Hand -

$18.16 $18.26 $18.58 $18.94 $23.89 Production 2. Charge Hand - $17.08 $17.23 $17.54 $17.91 $22.86 Packaging 3. Lead Hand

$14.99 $15.20 $15.46 $15.82 $17.79

4. Stuffer/Sausage $12.40 $12.60 $12.87 $13.23 $15.02 Formulator/! njector 5. Packer/Shipper $11.88 $12.09 $12.35 $12.71 $14.53 6. Rollstock Operator $11.67 $11.88 $12.15 $12.50 $14.27 7. General Labour $11.67 $11.93 $12.20

Effective· August 4 2019 r

Start 1 2 3 4 1. Charge Hand -

$18.39 $18.49 $18.81 $19.18 $24.19 Production

2. Charge Hand - $17.29 $17.45 $17.76 $18.13 $23.15 Packaging

3. Lead Hand $15.18 $15.39 $15.65 $16.02 $18.01

4. Stuffer/Sausage $12.55 $12.76 $13.03 $13.39 $15.21 Formulator/Injector

5. Packer/Shipper $12.03 $12.24 $12.50 $12.87 $14.71 6. Rollstock Operator $11.81 $12.03 $12.30 $12.66 $14.49 7. Part-time $11.81 $12.08 $12.35

29

APPENDIX nan

All matters applicable to the bargaining unit employees of 832038 Ontario Ltd. c.o.b. as Fiedler Meat Products (1991) and truck driver employees of R. Fiedler Meat Products Ltd. shall only be as set out in this Appendix 11 8 .. which is attached to and forms part of this Agreement.

ARTICLE I- RECOGNITION

As in Article 1 of the Body of the Agreement

ARTICLE II - UNION SECURITY

As in Article 2 of the Body of the Agreement

ARTICLE Ill- UNION REPRESENTATION

As in Article 3 of the Body of the Agreement

ARTICLE IV- MANAGEMENT RIGHTS

As in Article 4 of the Body of the Agreement

ARTICLE V- NO DISCRIMINATION

As in Article 5 of the Body of the Agreement

ARTICLE VI - NO STRIKES AND LOCKOUT

As in Article 6 of the Body of the Agreement

ARTICLE VII - GRIEVANCE PROCEDURE

As in Article 7 of the Body of the Agreement

ARTICLE VIII- ARBITRATION

As in Article 8 of the Body of the Agreement

ARTICLE IX - SAFETY AND HEALTH

9.01 The Employer shall make reasonable provision for the safety and health of its employees during the hours of their employment. Emergency equipment provided on Employer vehicles shall remain the property of the Employer.

It is the responsibility of drivers to reasonably maintain safety equipment which is

30

supplied and/or required, to observe safe working practices and to report any unsafe conditions to management.

Drivers are required to perform a circle check of their vehicle prior to leaving the Employer's premises. Effective February 17, 2007, the Employer will purchase a coat with the Employer's name and drivers name on it up to a maximum cost of $150.00 per driver.

Clauses 9.02, 9.03, 9.04 and 9.07 of the body of the Agreement apply.

ARTICLE X- LEAVE OF ABSENCE

As in Article 10 of the Body of the Agreement

ARTICLE XI - SENIORITY

11.01 (a) Seniority shall be defined as length of continuous employment with 832038 Ontario Ltd. c.o.b. as Fiedler Meat Products (1991) and truck driver employees of R. Fiedler Meat Products Ltd. and shall be exercised within the group.

(b) Service shall be defined as length of continuous employment with the Employer

Clauses 11.02, 11.03 and 11.04 of the body of the Agreement apply.

ARTICLE XII - JOB POSTING

As in Article 12 of the Body of the Agreement

ARTICLE XIII- LAYOFF AND RECALL

As in Article 13 of the Body of the Agreement

ARTICLE XIV- WAGES AND CLASSIFICATIONS

As in Article 14 of the Body of the Agreement (also as detailed in Appendix usn Wage Scale)

31

APPENDIX "8" -WAGE SCALE DRIVER

Effecf 1ve: F b 4 2017 e ruary , I Start 6 mths 1 yr 18 mths 2 yrs

I Driver I $13.95 $14.15 $14.40 $14.75 $16.61

An employee may be hired at a rate higher than the start rate and/or may progress through the wage increments in less time than set out in the wage schedule.

Employees will receive an increase at six (6) month intervals from their date of hire or from the date of promotion to a different classification as the case may be, until they reach the top rate in their classification.

Year one (1) Effective Date of Ratification- All employees in the bargaining unit will receive a lump sum payment of five hundred dollars ($500.00) minus taxable payment. The Employer will make payment within two (2) weeks of ratification on a separate cheque.

Effective: 4,2018 Start 6 mths 1 yr 18 mths

Driver $14.12 $14.33 $14.58 $14.93

Effective: August 4, 2018

I Start 6 mths 1 yr I 18 mths I 2 yrs I I Driver I $14.30 $14.51 $14.76 _I $15.12 I $17.03 I

Effective: 4,2019 Start 6 mths 1 yr 18 mths 2 yrs

Driver $14.48 $14.69 $14.94 $15.31 $17.24

Effective: August 4, 2019 Start 6 mths 1 yr 18 mths I 2 yrs I

I Driver $14.66 $14.87 $15.13 $15.50 I $17.45 I

ARTICLE XV- HOURS OF WORK AND OVERTIME

15.01 The Union recognizes that the nature of the business and of the Employer's product requires flexibility of scheduling. Consequently, the normal work week may be altered as required by the operation of the business. It is expressly understood that the provisions of this Article are intended only to provide a basis for calculating payment for time worked and shall not constitute a guarantee as to the hours of work per day or per week nor as to days of work per week nor as a

32

guarantee of working schedules.

15.02 The normal hours of work for fuiHime employees shall consist of up to five (5) days, and up to forty (40) hours per week.

15.03 All work performed by an employee beyond his forty (40) hours worked shall be paid at the rate of the rate of time and one half (1-1/2). All authorized work performed on Saturday or Sunday shall be paid at the rate of time and one half (1-1/2).

15.04 In no event shall overtime and/or premium compensation be duplicated, compounded or pyramided. In the event an employee receives overtime he shall not receive shift premium on the same hours.

15.05 (a) It is recognized that the Employer will require overtime from time to time due to the nature of the business.

(b) Where overtime is offered and there are insufficient qualified volunteers, the Employer shall have the right to assign the work starting with the most junior employee who is qualified to perform the required work and continuing in inverse order of seniority until sufficient qualified employees have been assigned.

15.06 (a) Employees shall be allowed a fifteen (15) minute paid rest period approximately half way through each half shift.

(b) Each employee shall have a one-half (%) hour unpaid lunch break to be taken approximately mid-way during their shift.

15.07 An employee who has completed his shift and has left the Employer's premises and is then recalled to work extra time shall be paid at time and one-half (1 %) and will not receive less than the equivalent of four (4) hours pay at the employee's regular rate of p~y for such additional work.

ARTICLE XVI- VACATION WITH PAY

As in Article 16 of the Body of the Agreement

ARTICLE XVII - PLANT HOLIDAYS

As in Article 17 of the Body of the Agreement

ARTICLE XVIII-INSURANCE

As in Article 18 of the Body of the Agreement

33

ARTICLE XIX - PENSION

As in Article 19 of the Body of the Agreement

ARTICLE XX- GENERAL

As in Article 20 of the Body of the Agreement

ARTICLE XXI- DURATION

As in Article 21 of the Body of the Agreement

34

BETWEEN:

AND:

LETTER OF AGREEMENT #1

A. FIEDLER MEAT PRODUCTS L TO.

-and-

832038 ONTARIO L TO c.o.b. as Fiedler Meat Products (1991) (Hereinafter called the "Employer")

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCALS 175 and 633 (Hereinafter called the "Union")

RE: BREAKS

This Letter of Understanding will confirm the commitment given by the Employer during the recent negotiations to the effect that during the term of this Collective Agreement which expires on February 4, 2014.

Notwithstanding Article 15.06, the Parties are in agreement that employees who are expected to work ten (1 0) hours or more, will receive a third break approximately at the ninth (9th) hour of work. Employees working a short shift of four (4) to eight (8) hours on Fridays will receive one (1) paid break of fifteen (15) minutes during the shift and will be paid an additional fifteen (15) minutes.

FOR THE EMPLOYER

35

FOR THE UNION ..... )

Matthew Haskett /171 c.,

Cfl[c~ '-·~. LL--4-e

Brenda Simmons

BETWEEN:

AND:

LETTER OF AGREEMENT #2

R. FIEDLER MEAT PRODUCTS LTD.

-and-

832038 ONTARIO L TO c.o.b. as Fiedler Meat Products (1991) (Hereinafter called the "Employer")

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCALS 175 and 633 (Hereinafter called the "Union")

RE: CCWIPP

The parties agree that should the bargaining unit membership request that they leave CCWIPP and replace it with an alternate Pension vehicle during the term of the Collective Agreement, the Company will remit the same contribution amount to the alternative Pension vehicle upon a majority vote from the members of the bargaining unit to do so. There shall be no increased contribution cost or liability towards the Company if such change occurs. The Company will only be responsible to write one cheque per month to whatever institution is selected.

FOR THE EMPLOYER FOR THE UNION

Matthew Haskett

;_/, /I - 7 !(),It /] ~--~ ~ ~tk"""" . I.L .,.....

36