collective agreement - ontario...swaranjit singh committeeperson, unifor local 1285 _____ kyle young...

For the Union For the Company

COLLECTIVE AGREEMENT

- between –

syncreon Canada Inc.

(“the Company”)

- and -

Unifor Canada AND IT’S LOCAL 1285

(“the Union”)

Effective from: 2013 to 2016


COLLECTIVE AGREEMENT

TABLE OF CONTENTS

Article Index Page

Memorandum of Agreement

1 Purpose

2 Recognition

3 Management Rights

4 Union Security and Check Off

5 Strike or Lockouts

6 Non Discrimination/Harassment

7 Union Representation

8 Grievance Procedure

9 Arbitration

10 Disciplinary Action

11 Seniority

12 Loss of Seniority

13 Bargaining Unit Work

14 Layoff and Recall

15 Leave of Absence

16 Call-In Pay/Reporting In Pay

17 Job Posting

18 Hours of Work

19 Overtime

20 Pay Day

21 Holidays with Pay Plan

22 Vacations with Pay Plan

23 Benefits

24 Health and Safety

25 Printing of the Agreement

26 Training

27 Appendices

28 Duration of the Agreement


29 Partial or Total Plant Closure

30 Adjustment Protocol

31 Moving Location

Schedule “A” - Wages and Classification

Schedule “B” LETTERS OF UNDERSTANDING:

Work Standards

Quality Practice

Shift Exchange

Social Justice Fund

Paid Education Leave

Local Union Representation Fund

Working Team Leaders

AZ Drivers

Memorandum of Understanding-Temporary Part Time Program


MEMORANDUM OF AGREEMENT

syncreon Canada Inc. and Unifor Canada and Unifor Local 1285 agree to enter

into this Collective Bargaining Agreement upon the contract set forth below.

The term of the Collective Agreement shall be from October 21, 2013 to

October 20, 2016.

The Collective Agreement is subject to final review by the Company and the

Union. Any inadvertent errors, omissions or miscalculations discovered upon

review by the parties shall be corrected.

This Agreement is hereby signed on behalf of the parties by their authorized

representatives on the 21st day of October, 2013.

For the Company For the Union

___________________________________ __________________________________

Sandy Canonaco Paulo Ribeiro

Regional HR Manager- Canada Unifor Staff Rep. National Union

___________________________________ ___________________________________

Traci Wolff Dave Ireland

Senior Director Human Relations – NA 1st V.P. Unifor Local 1285

___________________________________

John Krampp

Human Resources Manager

___________________________________

Rob Will

Plant Manager

___________________________________

Glenn Hillier

Committeeperson, Unifor Local 1285

______________________________ Junior Walsh

Plant Chairperson, Unifor Local 1285


The parties agree as follows:

___________________________________

Swaranjit Singh

Committeeperson, Unifor Local 1285

___________________________________

Kyle Young

Health & Safety Rep, Unifor Local 1285

___________________________________

Teresa Crawford

Human Resources Generalist


ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to set forth the terms and conditions of

employment to be observed between the parties and to provide an

orderly collective bargaining relationship between the Company and the

Union, and to secure prompt and equitable disposition of grievances and

to prevent interruptions of work and interference with the efficient

operation of the Company’s business.

1.02 This Agreement sets forth a framework which will position the Company to

provide a cost-competitive, world-class service being responsive to our

customer’s needs through high quality products, Just in Time delivery and,

in turn provide reasonable employment opportunities. The parties

collectively recognize and agree it is in the best interest of all concerned

to create a working relationship based on harmony, integrity, mutual trust

and respect. The parties further recognize and agree it is in the best

interest of the Company, the Union and the employees to work together

sharing the same common goals.

1.03 If either party believes that the provisions of this Agreement are being

administered in a manner which is inconsistent with our purpose, the

circumstances will be discussed between the designated representative

of local management and the Chairperson of the Plant Committee in an

effort to resolve the problem. If the problem is not resolved locally, it will

be reviewed by a corporate Human Resources representative and a

representative of the Unifor National Union and President of Unifor Local

1285 or their designate.

ARTICLE 2 – RECOGNITION

2.01 The Company recognizes the Union Unifor, Local 1285 as the sole and

exclusive bargaining agent for all of its employees at the Brampton


facility, 2250 North Park, Brampton Ontario, save and except Supervisor,

persons above the rank of Supervisor, Co-op students, office, clerical and

sales staff.

ARTICLE 3 – MANAGEMENTS RIGHTS

3.01 The Union recognizes the right of the Company to:

Hire and promote consistent with the provisions of this Collective

Agreement;


To demote, transfer, suspend or otherwise discipline or discharge any

employee for just cause, subject to the right of the employee concerned

to lodge a grievance in the manner and to the extent herein provided;

To operate and manage its business in an efficient and economical

manner , including the right to direct its work force and to determine the

location of its plants, the products to be manufactured, the scheduling of

its production and its methods, processes, and means of manufacturing

and transportation;

To make and amend from time to time the rules and regulations to be

observed by the employees. These rules and regulations shall not be

inconsistent with provisions of the Agreement.

3.02 The Company will give the Union advanced notice of any new or

amended rules and regulations prior to posting and, upon request of the

Union, will meet with the Union to discuss same.

3.03 The Company and Union agree that in the exercise of each of their rights

and in the administration of this Agreement, they will do so in a fair and

reasonable manner.

3.04 Except as, and to the extent specifically modified by this Agreement, all

rights and prerogatives of management are retained by the Company

and remain exclusively and without limitation within the rights of the

Company. The Company will not exercise its functions under this Article in

a manner that is inconsistent with the terms of this Agreement.

ARTICLE 4 – UNION SECURITY AND DUES CHECK OFF

4.01 All employees covered by this Agreement shall become and remain

members in good standing of the Union as a condition of employment.

All current employees who have not done so and all new employees will

be required to complete and sign an Application for Membership and an

Authorization for Check off of Dues and Initiation Fee on a form supplied

by the Union to the Company. The Local Union copy of this form will be

forwarded to the Local Union Financial Secretary upon completion.


4.02 All dues and initiation fees payable to the Union in accordance with this

Article will be deducted from the first pay period in the month worked and

forwarded to the Local Union Financial Secretary by the fifteenth (15th)

day of the following month. Union dues check-off will be in accordance

with the Unifor Constitution.

4.03 The Local Union Financial Secretary will notify the Company in writing of

the amount of Union dues and/or initiation fee to be deducted in line with

the constitutional requirements of the National Union.

4.04 The Company will supply the Local Union and the Chairperson with the

following information with the Union dues check-off:

1. Employees by rate and classification.

2. Employees transferred out of the bargaining unit, including date of

transfer.

3. Employees on layoff and recall.

4. Employees who have lost seniority.

5. Employees who quit, retire, or are discharged.

6. New hires with first date of hire.

7. Employees names, address, phone number (on a quarterly basis)

8. Employees who did not have dues deducted and the reason why

no deductions were made.

4.05 The Union agrees to indemnify and save the Company harmless against

all claims or other forms of liability that might arise out of, or by reason of,

deductions made or payments made in accordance with this Article.

ARTICLE 5 – NO STRIKES OR LOCKOUTS

5.01 The Company will not cause or sanction a lockout and the Union will not

counsel or authorize any strike during the lifetime of this Agreement.

Further, the Company and the Union will abide by the Ontario Labour

Relations Act with respect to strikes and lockouts.


ARTICLE 6 – NON DISCRIMINATION/HARASSMENT

6.01 The Company and the Union agree that there shall be no discrimination,

interference, restriction or coercion exercised or practised with respect to

any employee by reason of age, marital status, sex, race, creed, colour,

national origin, political or religious affiliation, handicap, sexual orientation

nor by reason of Union membership or position in the Union. Prohibited

grounds shall be interpreted in accordance with and subject to the

provisions of the Ontario Human Rights Code.


Harassment is defined as:

*Engaging in a course of vexatious comments or conduct that is known or

ought reasonably to be known to be unwelcome.

*The law says it is harassment if a reasonable person in the same

circumstances would consider the action harassment.

*One single, significant incident is enough to be considered harassment

by law.

6.02 The Union and the Company recognize that sexual, racial, bullying and

violent harassment is a cruel and destructive behaviour against others

that can have devastating effects.

(a) Sexual harassment is any unwanted attention of a sexual nature

such as remarks about appearance or personal life, offensive

written or visual actions like graffiti or degrading pictures, physical

contact of any kind, or sexual demands.

(b) Racial harassment is any action, whether verbal or physical that

expresses or promotes racial hatred in the workplace such as racial

slurs, written or visually offensive actions, and jokes or other

unwanted comments or acts.

(c) Violent Harassment includes any form of attempted, threatened,

actual conduct or physical force of a person that causes or is likely

to cause injury, and includes any threatening statement or

behaviour that gives an employee reasonable cause to believe

that the employee is at risk of injury and in accordance with the

Occupational Health and Safety Act-Bill 168.

(d) Bullying can be repetitive, inappropriate behaviour that devalues

and harms other people on the job. It intimidates and torments the

targeted individual or group of individuals, putting their self esteem

at risk

6.03 Any complaints of harassment or discrimination by an employee should

be brought to the attention of management, Human Resources and/or

any Union Representative or official. Complaints of alleged harassment or

discrimination will be handled with all possible confidentiality by a joint

committee consisting of a Unifor Representative and a Representative of


the Company. The management Representative will be selected by the

Company and the Unifor Representative will be selected by the Union.

6.04 The investigation will be handled promptly within five (5) working days,

and completed within ten (10) working days unless extended by mutual

agreement, from the date the complaint was filed. The investigation will

be reviewed by the Chairperson and Human Resources Manager for final

resolution. If unresolved the complaint may be taken up as a grievance

at Step 3.

6.05 This Article is not intended to restrict any employee's rights under the

Ontario Human Rights Code.

6.06 The parties agree that normal social/business conduct between people

does not constitute harassment.

6.07 Whenever in this Agreement, the masculine gender is used, it will also

include the feminine.

6.08 The parties will work together to develop a process to

handle discrimination/harassment issues in the complaint procedure.

Upon completion, the process/procedures will be posted on the

Company notice/information board.

WOMENS ADVOCATE

6.09 The Employer and the Union agree that female employees may

sometimes need to discuss matters such as Harassment/Intimidation,

violence or abuse at home, substance abuse and other confidential

matters. They may also need assistance in finding out about special

resources within the community such as counsellors or shelters to assist

them in dealing with these or other issues. The Women’s Advocate

Representative will participate in Unifor training program for Women’s

Advocacy. The employer will be responsible for the wages at the regular

rate for days spent in training and training costs. All other costs will be the

responsibility of the Union. The Women’s Representative will meet with

female members as required to discuss problems with them, in a private

area provided for confidentiality. Appropriate communications and


material will be developed by the Union to inform employees regarding

this role. In demonstration of their mutual commitment to this role, the

Employer and the Union agree that the Employer’s Representative will

work closely with the Women’s Advocacy Representative, while

maintaining mutual respect for issues of confidentiality. Should their

schedule permit, the Employer Representative will attend training with the

Union’s Women’s Advocacy Representative.

The Women’s Advocate will be allowed to remain on a steady day shift

provided it is accomplished through the shift exchange language in the

Collective Agreement. If “off shift” arrangements need to be made to fulfil

the role, the Women’s Advocate will have the option of working overtime

or eight (8) hours.

VIOLENCE AGAINST WOMEN

6.10 The parties agree that women sometimes face situations of violence or

abuse in their personal life that may affect their attendance or

performance at work. The parties agree that when there is adequate

verification from a recognized professional (ie. doctor, lawyer, professional

counsellor), a women who is in an abusive or violent personal situation will

not be subjected to discipline without giving full consideration to the facts

in the case of each individual and the circumstances surrounding the

incident otherwise supportive of discipline. This statement of intent is

subject to a standard of good faith on the part of the Company, the

Union, and the affected employees, and will not be utilized by the Union or

employees to subvert the application of otherwise appropriate disciplinary

measures.

SUBSTANCE ABUSE

6.11 Substance abuse is recognized to be a serious medical and social

problem that can affect employees. The Company and the Union have a

strong interest in encouraging early treatment and assisting employees

towards full rehabilitation.

6.12 The Company will continue to provide a comprehensive approach

towards dealing with substance abuse and its related problems.

Company assistance will include referral of employees to appropriate

counselling services or treatment and rehabilitation facilities. Employees


may also contact the Local Union EFAP Representative for referral to

appropriate counselling services or treatment and rehabilitation facilities.

6.13 The Company will provide a leave of absence and all normal group

insurance benefits while under a medically prescribed course of

treatment.

ARTICLE 7 – UNION REPRESENTATION

7.01 The Union shall elect or appoint and the Company shall recognize a Plant

Committee comprised of a Chairperson, and one (1) Committeeperson

per shift, for the purpose of representation of the employees in matters

arising from this Agreement, on other matters relating to their employment

and for negotiations for the renewal of the Collective Agreement.

7.02 The Chairperson shall be elected or appointed on a bargaining unit-

wide basis. The Chairperson shall be assigned the day shift in a grouping

within a classification that allows for flexibility in providing time off the job.

The Plant Committee will determine plant and shift assignments of the

remaining representatives. The Committeepersons shall be elected or

appointed from each shift.


In addition to the above, the Company will recognize an alternate

Committeeperson per shift who will act as a representative when the

Committeeperson is absent for an excused period of time of a day or

more.

The Chairperson will be replaced when he is outside of the plant for the

work day.

7.03 No employee or group of employees shall undertake to represent the

Union at meetings with the Company or in any other representative

capacity without the proper authorization of the Union. The Union will

notify the Company in writing of the names of Union Representatives. The

Company will provide to the Union a list of Supervisors and other non-

bargaining unit employees who would be expected to have direct

contact with Union Representatives as part of their usual job

responsibilities.

7.04 The Chairperson and Committeepersons will be allowed time off the job

without loss of pay or benefits to conduct Union business, upon first

obtaining approval from their respective Manager/Supervisor or

designate. Time needed to conduct Union business will be mutually

agreed upon by the parties. Such permission will be granted expeditiously

under normal conditions and within a reasonable amount of time, not to

exceed ninety (90) minutes if replacements are able to be arranged.

7.05 The Company will recognize the Chairperson on a full time basis in

their Union capacity. With the addition of a third shift in the plant,

one additional Union Representative will be recognized by the

Company.

With the elimination of the third shift, the additional Union

Representative(s) will no longer be recognized by the Company.

7.06 The Company will pay each of the five (5) members of the Plant

Committee at straight time hourly rates for a maximum of eight (8)

hours per day for four (4) days to prepare for negotiations. In

addition, the Company will pay a maximum of eight (8) hours per

day for time spent in negotiations.


7.07 In the event of layoff, the Chairperson , Committeeperson, the

Women’s Advocate and Health and Safety Representatives shall be

retained at work regardless of seniority and as long as any

employees whom they represent are retained at work in the plant.

The number of Committeepersons,Women’s Advocate and Health

and Safety Representatives shall not exceed the number provided

for in this Article and each must be able and willing to do the work

available.

7.08 The Plant Committee and Company representatives will meet when there

are matters requiring their joint consideration. The party requesting the

meeting shall do so in writing and the meeting request shall set out the

agenda for the meeting. Time spent by the Plant Committee in

attendance at the meetings will be without loss of pay or benefits.

7.09 A Union Representative and/or a griever shall report to and obtain

permission from his immediate Supervisor whenever it becomes necessary

to leave his work for the purpose of processing specified grievances,

complaints, or other Union business as outlined in the Collective

Agreement without loss of pay or benefits. Permission will be granted

immediately under normal conditions.

7.10 The Union shall not conduct or attempt to conduct Union activity during

working time without the permission of management.

Upon application, and providing twenty-four (24) hours notice (except in

the case of emergency), the Chairperson and/or Committeepersons will

be granted a leave of absence to attend to Union business.

7.11 Upon advance notice to the Company, a National and/or Local Union

Representative may be present and participate in any meetings between

the Plant Committee and the Company.

7.12 The Company will provide and maintain, the Union with an office

equipped with a desk, telephone, chairs, computer (with access to email

and the internet subject to applicable syncreon policies), printer and a

locked filing cabinets and access to a photocopier and fax.

7.13 The Union will be given the opportunity to meet with new hires during the

orientation sessions for Collective Agreement/Health and Safety review.


ARTICLE 8 – GRIEVANCE PROCEDURE

8.01 The purpose of this Article is to establish a procedure for the orderly and

prompt settlement of all grievances based on cooperative efforts of both

parties.

8.02 A grievance shall be defined as any complaint relating to the application,

interpretation, administration or alleged violation of the Collective

Agreement.

VERBAL: Any employee having a complaint shall first take the matter up

with their immediate supervisor and if requested their Union

Representative. If a settlement is not reached within three (3) days, the

grievance, to be processed further, must be reduced to writing and

presented to the Supervisor within seven (7) days of the event giving rise

to the grievance becoming known or should have become known to the

griever.

Step 1: The grievance will be submitted, on a form supplied by the Union.

All grievances should identify, the Article(s) alleged to have been

violated, the date the grievable event occurred and the relief requested.


The Supervisor/Shift Manager and the Union Representative shall attempt

to resolve the matter. If unresolved the Supervisor/Shift Manager shall give

their decision in writing on the grievance form within three (3) days of

receipt of the grievance, explaining why the grievance is denied.

Step 2: Should the employee or Union be dissatisfied with the Supervisor’s

response, the grievance may, within (3) days of receipt of the response at

Step 1, be presented to the Human Resource Manager. The Human

Resource Manager and the Union Representative(s) shall attempt to

resolve the matter. If unresolved the Human Resource Manager shall give

his decision in writing on the grievance form within three (3) days of

receipt of the grievance, explaining why the grievance is denied.

Step 3: Should the Union be dissatisfied with the decision at Step 2, the

Union may, within seven (7) days of receipt of the answer at Step 2

request a meeting of the Plant Committee, the Operations Manager,

Human Resource Manager or designated representatives. The parties shall

meet within fourteen (14) days of the request for the meeting. The Union

National Representative and/or President of the Local Union or his

designate may be in attendance at this meeting.

8.03 The Company’s decision relating to the grievance shall be in writing and,

if not rendered during the Step 3 meeting, shall explain the Company’s

decision and be provided to the Chairperson or designate within seven

(7) days of the meeting.

8.04 If the Company’s decision is not satisfactory to the Union it may be

referred to an arbitrator, provided written notice of the Union’s intention to

refer the dispute to an arbitrator is given to the Company within fourteen

(14) days of the Company’s decision at Step 3.

8.05 A claim by an employee that he/she has been discharged or suspended

without just cause will be treated as a special grievance, which shall

commence at Step 3.

8.06 If two (2) or more employees simultaneously have the same alleged

grievance under the same circumstances, it may be presented as a single

group grievance with the name of each griever shown. The group

grievance is to be initiated at Step 1.


If, in the course of the grievance procedure dealing with a particular

issue, subsequent individual or group grievances are filed that complain

about the same matter, it is agreed that the subsequent grievances will,

whenever possible, be consolidated with the original grievance and dealt

with as one group grievance at the request of either the Company or the

Union.

8.07 A policy grievance is defined as one which alleges misinterpretation or

violation of the provisions of this Agreement and which could not

otherwise be resolved at a lower step of the grievance procedure

because of the nature and scope of the subject matter of the grievance.

A policy grievance may be filed by the Chairperson and will commence

at Step 3 of the grievance procedure.

If a determination is made that a grievance filed as a policy grievance

should have been filed as an individual or group grievance pursuant to

the terms of this Collective Agreement, the parties agree that the

improper filing will not be grounds for dismissal of the grievance. Should

this determination be made, the parties agree that the grievance will be

deemed to have been filed as an individual or group grievance, as

applicable.

8.08 The time limits set forth in this Article may be extended by the written

mutual agreement of the Union and the Company. This request will not

be unreasonably denied.

8.09 The term "days" when used in this Article shall exclude Saturdays, Sundays,

holidays as defined in this Agreement and plant shutdown periods.

8.10 In the event the Company fails to give a written response to the

grievance within the timeframes specified at any Step of the grievance

procedure, the grievance will be automatically processed to the next

step up to and including arbitration. The Company or Union may

withdraw, without precedent or prejudice to any other case, their own

grievance which has been referred to any step of the grievance

procedure. The Company or the Union may settle, without precedent or

prejudice to any other case, a grievance which has been referred to any

step of the grievance procedure.


8.11 The Company has the right to file a grievance against the Union. This

grievance is to commence at Step 3.

PRE-ARBITRATION/MEDIATION

8.12 In addition to the regular arbitration procedure provided for in this

Agreement the parties may, by mutual agreement, refer a grievance(s) to

a mediation process. This process does not prejudice either parties right

to arbitration. The parties will equally share the cost of the mediator.

Selection of the mediator will be by mutual agreement. All mediation

meetings are to be held offsite. A request for full disclosure of particulars

may be made by either party prior to the mediation. The request will be

granted promptly.

RE-INSTATEMENT OF GRIEVANCES

8.13 In instances where the National Union Unifor, by either its Executive Board,

Public Review Board, or Constitutional Convention Appeals Committee has

reviewed the disposition of a grievance and found that such disposition

was improperly effected by the Union or a Union representative, the

National Union may inform the Human Relations department in writing that

such grievance is reinstated in the grievance procedure at the step at

which the original disposition of the grievance occurred. The Company

shall not be responsible for any liabilities which may have accrued from the

date of the initial disposition of the grievance by the Union, up to and

including the date which the grievance is reinstated.


ARTICLE 9 - ARBITRATION

9.01 Any grievance not satisfactorily settled through the grievance procedure

may be appealed to a sole arbitrator, provided written notice of the

party's intention to refer the dispute to an arbitrator is given to the other

party within fourteen (14) working days after the receipt of the Company’s

decision at Step 3. The parties shall agree on a sole arbitrator. In the

event that the Union and the Company cannot agree within two (2)

weeks of receipt of the above notice, either party may apply to the

Minister of Labour for the appointment of an arbitrator.

9.02 The sole arbitrator will set a date for the hearing which shall be mutually

agreed by the parties, within reasonable time delays.

9.03 The decision of the sole arbitrator shall be binding and final upon both

parties. The sole arbitrator shall be restricted in the award to the provisions

of this Collective Agreement, and shall not in the award add to, delete

from, or otherwise alter or amend any provisions of the Agreement.

9.04 Each of the parties will equally bear the fees and expenses of the sole

arbitrator. Any witnesses called by the parties will be at their individual

expense.

9.05 The time limits set forth in this Article may be extended by the written

mutual agreement of the Union and Company. The request will not be

unreasonable denied.


ARTICLE 10 – DISCIPLINARY ACTION

10.01 No employee will be reprimanded, disciplined, suspended or discharged

without just cause. Furthermore, disciplinary actions shall be appropriate

to their cause and to the principals or progressive discipline.

Progressive discipline for other than serious violations of plant rules, will

typically be used. The intent of discipline and corrective action, is not to

punish but rather to change unacceptable behaviour.

Depending on the seriousness and frequency of the infractions

committed, and taking into account the circumstances, the following

disciplinary measures can be taken:

Verbal reprimand

Written reprimand

One (1) day suspension

Three (3) day suspension

Five (5) day suspension

Discharge

A record of discipline shall remain on an employee’s record for a period

as follows from the date of the offence, provided they do not have

another offence in the time periods outlined below:

Type Duration on Record

Verbal 6 months

Written 9 Months

Suspension 12 months


At the end of the duration outlined above, the disciplinary infraction will

be removed from the record and not be used against the employee in

any fashion, provided they do not have another infraction during the

duration on record. Leaves of absence will not be included in the

duration on record period noted above.

10.02 When the Company is considering disciplinary action against an

employee, the following procedures will be followed;

(a) Every allegation of misconduct against an employee will be the subject of

a proper investigation by the Company in co-operation with the Union.

(b) The Company will provide advance notice to the employee and his/her

Union Representative of the scheduling of a disciplinary hearing or

investigation meeting. The Company will establish the date and time for

the meeting and will also inform the employee and the Union, in writing, of

the allegation being made against the employee.

(c) An employee will be accompanied by a Union Representative when

called to a meeting or when interviewed in the course of any disciplinary

investigation or proceeding and the meeting will not begin until a Union

Representative is present. The Company will provide the employee with a

reasonable period of time to talk to their Union Representative before the

meeting.

(d) Any notice of discipline, suspension or discharge issued by the Company

to an employee will be in writing and will include detailed reasons for the

Company’s decision. A copy of the notice will also be given to the Union

Representative.

(e) The Company will issue discipline within five (5) working days from the

date the alleged infraction became known or ought to have become

known to the Company. The parties may agree, in writing, to extend the

time limit.

10.03 When an employee is suspended pending investigation the disciplinary

hearing will be held within three (3) working days. The parties may agree,

in writing, to extend the time limit.


10.04 In imposing discipline on a current infraction, management will not take

into account any prior infractions which occurred more than twelve (12)

months previously. Attendance and general work rules shall be treated as

separate for the purpose of progressive discipline.

10.05 Failure to grieve previous discipline or to pursue a grievance to arbitration

will not be considered an admission that the discipline was justified.

10.06 The timelines and procedures established in this Article are regarded as

mandatory and failure by the Company to comply with any of these

provisions without the mutual consent of the Union shall render the

discipline null and void.

ARTICLE 11 – SENIORITY

11.01 The rules respecting seniority rights are designed to give employees an

equitable measure of security based on their length of continuous service

in the bargaining unit.

11.02 Seniority of each employee covered by this Agreement shall be

established after a probationary period of ninety (90) calendar days

within any twelve (12) month period. Upon completion of the

probationary period an employee’s seniority will be back dated to his/her

first day of work.

11.03 The word “seniority” as used in this Agreement shall mean the length of an

employee’s service with the Company measured from the employee’s

first day of work. Days of training and/or orientation consisting of one (1)

hour or more will be credited as a work day towards acquiring seniority.

11.04 A seniority employee shall continue to accrue seniority except as

otherwise provided in this Agreement.

11.05 The termination of a probationary employee will not be subject to the

grievance or arbitration procedure contained in this Agreement unless

the termination is a violation of the Human Rights Code or if it is proven

the Company acted in bad faith.

11.06 In the event a probationary employee’s performance is unsatisfactory the

Company will make available to the Union, the employee’s performance

evaluation, prior to termination.


11.07 If two (2) or more employees begin work on the same day and they

subsequently acquire seniority, their names will appear on the seniority list

in order of a randomly selected lottery administered by Unifor Local 1285.

A special meeting notice may be posted. The Union will provide the

Company with the results of the seniority lottery in writing.

11.08 The Company will maintain and post an up to date seniority list on a

monthly basis. The list shall include employees' job positions, classifications

and clock number/employee number. A copy of the list shall be provided

to the Chairperson.

ARTICLE 12 – LOSS OF SENIORITY

12.01 Seniority will be lost and bargaining unit employment will be terminated if

an employee:

(a) Quits, resigns or retires;

(b) Fails to report for work or fails to notify the Company for three (3)

consecutive working days unless a satisfactory reason is given;

(c) With less than one (1) year of seniority is laid off and not recalled for

a period of twelve (12) months or in the case of an employee with

one (1) or more years of seniority,forty eight (48) months;

(d) If the employee fails to report for work in accordance with a notice

of recall, or within five (5) working days of registered mailing date of

the notice, whichever is later, unless a satisfactory reason is given;

(e) Is discharged and not reinstated pursuant to the provisions of the

grievance and/or arbitration procedures contained in this

Agreement;

(f) Overstays a leave of absence granted by the Company without

notifying the Company, unless a satisfactory reason is given;

(g) Engages in gainful employment while on a leave of absence from

the Company.

12.02 If a seniority employee is appointed, selected or promoted to a position

outside of the bargaining unit and is transferred back to a position within


the bargaining unit within thirty (30) days, the employee will return to the

bargaining unit without loss of seniority. No employee will be transferred

outside the bargaining unit without his/her consent.

12.03 It shall be the responsibility of the employee to notify the Company

promptly in writing of any change of name, address or phone number.

ARTICLE 13 – BARGAINING UNIT WORK

13.01 Supervisors and other employees who are not subject to the provisions of

this Agreement shall not perform any work which is normally performed by

employees who are subject to the provisions of this Agreement except as

listed below.

(a) To protect customer service and/or product or equipment

from sudden breakdown or when operational emergencies

are encountered;


(b) In the instruction or training of employees including

demonstrating the proper method of accomplishing a task;

(c) In the development and implementation of a new product or

new method or technique of production;

(d) For the purpose of verifying quality of workmanship and

quality of service.

13.02 In the event that an emergency affecting our customer arises

necessitating that a non-bargaining unit employee must perform

bargaining unit work, the on shift Union Representative will be notified by

the Supervisor and/or Shift Manager, prior to the work being performed

when possible and with an explanation given to the circumstances.

13.03 None of these provisions will result in the loss of pay, reduction of hours or

layoff of any employee.

ARTICLE 14 – LAYOFF AND RECALL

14.01 a) – Short-Term Layoff of One Week or Less

Employees will be laid off by seniority within their department or shift

14.01 b) – Layoffs Exceeding One Week

In the event of a layoff of a known duration exceeding one week, the Company

will:

1. Lay off probationary employee(s) throughout the Company and then;

2. The lowest seniority employee(s) bumped out of the affected classification

on shift will then bump the lowest seniority employee(s) in the classification.


3. These employee(s) will then bump the lowest seniority employee(s) in other

classification(s) plant wide.

14.02

a) When recalling employee(s) to work after a layoff, they shall be recalled by

seniority in the reverse order of layoff, provided they have the skill and ability

to do the work available.

b) The Company shall recall employees by telephone in the presence of a

Union Representative. Those employees not reached by telephone will be

sent a notice by registered mail to the employee’s last known address. A

copy of the notice will be provided to the Union.

c) The employee shall report within five (5) working days of receiving notification

of recall. However, if his failure to report to work is due to sickness, accident

or other causes beyond his control, this time limitation for report-in may be

extended provided the Human Resources Manager and/or designate is

notified in writing and provides satisfactory evidence supporting his failure to

report to work on the required date.

d) It is the employee’s responsibility to inform the Company immediately of any

change of address or telephone number.

14.03 Upon recall the Company will have five (5) working days to correctly

reorder job assignments.

ARTICLE 15 – LEAVES OF ABSENCE

15.01 Upon written application, and with at least ten (10) working days notice

(except when for valid reasons an employee is unable to provide the

notice), leaves of absence without pay may be granted to employees for

valid personal reasons. Seniority shall not be affected, and the Company

will maintain employee benefits for thirty (30) calendar days. The

employee may prepay benefit coverage for the duration of such leave if

the coverage would normally cease during any leave period in excess of

thirty (30) days duration. The Company will advise the employee of its

answer in writing within five (5 ) working days. Leaves of Absences will be

granted whenever possible, consistent with business demands. Leaves of

Absences will be granted to emergency leaves where applicable in

accordance with the ESA.

PREGNANCY/PARENTAL LEAVE

15.02 Pregnancy/parental leaves of absence will be granted to any seniority

employee in accordance with the Employment Standards Act and/or the

Employment Insurance Act. Employee benefits shall remain in place

during pregnancy/parental leave. An employee will provide written


notice a minimum of two (2) weeks prior to the desired return to work

date.

UNION LEAVE/PUBLIC OFFICE

15.03 Any seniority employee elected or appointed to Union office or selected

for other Union activities by the National Union, the Ontario Federation of

Labour, Canadian Labour Congress and/or Local Union, shall be granted

a leave of absence. Benefits will be continued during the leave of

absence.

15.04 A seniority employee elected or appointed to any public office of the

municipal, provincial or federal government, shall be granted a leave of

absence for a period of three (3) years without pay or loss of seniority.

Benefits will be continued during the three (3) year leave of absence. The

employee shall renew their leave of absence on the three year

anniversary date and extension privileges shall be provided.

BEREAVEMENT LEAVE

15.05 Bereavement leave will be granted to a seniority employee when a death

occurs in the employee’s immediate family. The immediate family of the

seniority employee is defined as:

Mother

Father

Spouse *

Child

Brother

Sister

Grandchild

Mother-in-law

Father-in-law

Grandparent

Stepchild

Son-in-law

Daughter-in-law

15.06 The Company will pay lost time (excluding Saturday, Sunday and paid

holidays) for three (3) consecutive working days at the employees regular

straight time wages. These days must be taken within ten (10) working

days of the death, unless otherwise approved by the Human Resource

Manager or his designate.


15.07 In addition, in the event a death occurs to a seniority employee’s

Sister-in-law

Step parent

Brother-in-law

Step-parent

Step-parent of a current spouse

Step-sister

Step-brother

Grandparent of a current spouse

Great Grandparents

Uncle

Aunt

15.08 The Company will pay lost time (excluding Saturday, Sunday and paid

holidays) for one (1) working day at the employees regular straight time

wages. This day must be taken within ten (10) working days of the death,

unless otherwise approved by the Human Resource Manger or his

designate.

15.09 The employee will provide the Company sufficient documentation of the

death such as death certificate, prayer card, obituary or any other

supporting documentation before payment of bereavement

15.10If the death occurs while an employee is on vacation, the employee will

revert to bereavement leave and the vacation will be credited. The

employee will reapply for the vacation at a later date as agreed upon

with the Company.

Note: Spouse* includes common law and same sex marriages.

JURY DUTY/OR SUBPOENAED AS A CROWN WITNESS

15.11 For each day a seniority employee would otherwise have been

scheduled to work for the Company, the Company will pay the

difference between the amount of money per day an employee

received during the selection process, and while serving as a member of

a jury or subpoenaed as a Crown witness and the regular straight time

wages which an employee would have been eligible to receive for

working during this period. The employee will provide the Company with

written proof of being called to jury duty or subpoenaed as a Crown

witness at least five (5) days prior to the leave, and shall provide proof of

the amounts paid to the employee by the Court.


EDUCATION LEAVE OF ABSENCE

15.12 Upon written application to the Company, an employee with one (1) or

more years of seniority, wishing to further his education by full-time

attendance at a recognized college, university, trade or technical

school, may be granted a leave of absence for up to one (1) year under

the following conditions:

15.13 Before receiving the leave, the employee shall provide the Company

with satisfactory evidence that they have been accepted as a student

by the recognized institutions above.

15.14 On expiry of each term or semester, the employee shall provide the

Company with proof of attendance and completion.

15.15 The student’s course must be related to his employment opportunities

with the Company. Seniority shall accumulate during the leave.

15.16 Health care benefits may continue if the employee elected to pay for

benefits as provided in the plan.

15.17 Employees returning from leave shall supply the Company two (2) weeks

notice of their availability and desire to return to work. Upon return, the

employee will displace the lowest seniority employee in the bargaining

unit.

ARTICLE 16 – CALL IN/REPORTING FOR WORK PAY


16.01 An employee reporting for work or starting work without having been

advised by the Company that there will be no work, shall receive a

minimum of four (4) hours pay at the applicable hourly rate.

16.02 No payments shall be made under this Article in cases resulting from

labour disputes or other conditions beyond the control of the Company.

(Individual circumstances will be reviewed by the Union and the

Company).

16.03 An employee who is called to work as the result of an emergency and

works shall receive a minimum of four (4) hours pay at the applicable rate.

ARTICLE 17 – JOB POSTINGS

17.01 If a new job is created or permanent vacancies occur within the

bargaining unit, the new job or vacancies will be posted within five (5)

working days. The notice of vacancy will be posted for five (5)

consecutive working days. The posting notice shall identify the

department, job identification, shift, start time, classification and rate of

pay.


17.02 a) The initial opening will be posted. The next 2 subsequent openings

caused by filling the original posted job will be subject to this bidding

procedure. Any subsequent vacancies in the chain caused by the filling

of the first three (3) positions shall not be subject to the job posting

procedure and may be filled at the Company’s discretion. It is

understood that the same procedure set out in 17.01 and 17.02 a) will be

followed for other permanent vacancies or new jobs in the bargaining

unit which the Company wishes to fill.

17.02 b) If no seniority employees apply for vacancies in accordance with

Article 17.01 or 17.02a above, the Company reserves the right to fill the

resulting vacancies.

17.03 Employees wishing to apply for a job posting must do so in writing on forms

supplied by the Company. A copy of the application will be provided to

the Plant Committee. If an employee applies for more than one job at the

same time, he must identify the order of preference. Applications by the

employee to other vacancies will be cancelled by his successful

applicant status. Selection will be on the basis of seniority provided the

successful applicant has the ability to perform the work subject to Article

16.05. A notice identifying the successful applicant will be posted within

five (5) working days of the completion of the posting period.

17.04 Successful applicants may not bid on another opening for six (6) months.

17.05 The successful applicant shall receive a trial/training period not to exceed

fifteen (15) working days. If the employee does not perform up to the

capacity required of the position they may be returned to his former job

any time during the fifteen (15) working days.

17.06 Successful applicants may remove themselves from their new position for

any reason within the first three (3) working days of their placement and

return to their former job.

17.07 The provisions of this Article apply equally to temporary vacancies which

are known or expected to exceed thirty (30) calendar days.

17.08 The Union recognizes the Company’s need for and right, because of

absenteeism and other production requirements, to relocate manpower

within classification to maintain desired levels of quality and operational

efficiency.

It is understood that the Company shall have the right to assign

employees to any other job position within their classifications on a


temporary basis, when necessary, to maintain an efficient operation. The

Company will inform the Union as soon as possible of such manpower

movement.

It is understood that the Company assures the Union that it does not

condone nor will it permit the assignment of such manpower movement

of employees for retaliatory reasons, out of favouritism, as a punitive

measure or for purpose of harassment. Should there be any question as

to whether or not such manpower movement requirement has been

made, the concerned employee, committeeperson, and the Manager of

the area will meet immediately to attempt to resolve the problem.

ARTICLE 18 – HOURS OF WORK

18.01 The normal hours of work for all employees shall be eight (8) hours per

day, the normal working week shall be forty (40) hours, Monday to Friday,

inclusive. Nothing in this Agreement shall be construed as a guarantee of

any daily or weekly hours.18.02 Employees assigned to a two (2) shift

operation will be granted a 30 minute unpaid lunch period and two (2)

paid rest periods of 15 minutes, one in each half of the shift. The on-shift

Committeeperson/designate will be informed if an employee is working

through their scheduled break.

18.03 Employees assigned to a three (3) shift operation will be granted a 20

minute paid lunch period and two (2) paid rest periods of 15 minutes, one

in each half of the shift. The on-shift Committeeperson/designate will be

informed if an Employee is working through their scheduled break.18.04

In addition, employees will receive a ten (10) minute paid rest


period at the end of their regular shift if the overtime is projected to be

two (2) hours or more.

18.05 In order to meet customer requirements the Company may change the

normal shift times/schedules. Whenever possible the Company will

provide at least seven (7) days notice to the Union and employees.

18.06 All employees shall rotate from one shift to the other every two (2) weeks,

except where the requirements of the job indicate necessity for a steady

day or afternoon operation, as determined by the Operations/Shift

Manager.

18.07 The midnight shift shall be a steady, non-rotational shift.

ARTICLE 19 - OVERTIME 19.01 All hours worked beyond eight (8) hours in a day will be paid at the rate

of one and one-half times (1.5x) the applicable hourly rate.

19.02 All hours worked on Saturday will be paid at the rate of one and one-half

times (1.5x) the applicable hourly rate.

19.03 All hours worked on Sundays will be paid at the rate of two times (2x) the

applicable hourly rate, except when time worked on a Sunday is part of

the Monday midnight shift or Saturday afternoon shift.

19.04 All hours worked on a holiday listed in this Agreement will be paid the rate

of two times (2x) the applicable hourly rate plus the holiday pay.

19.05 When the Company must schedule production to match its customer’s

hours of operation, such overtime up to eight (8) hours per week will be

mandatory. Whenever possible, the Company will give twenty-four (24)

hours notice to employees required to work the overtime.

OVERTIME EQUALIZATION


19.06 The Company shall post in a designated area a daily voluntary

overtime sign up sheet.

19.07 All overtime will be assigned by department and classification on the shift

that the overtime occurs.

19.08 Overtime on any shift in any department will be equitably distributed

among those employees in the department by lowest hours. Information

concerning equalization of hours status will be openly displayed in the

department in a manner that the employees involved may check their

standing. The Company will provide copies of overtime sign-up sheets to

the Union and will be required to have a Union

Committeeperson/designate present if canvassing requires a phone call

contact. The on-shift Union Committeeperson/designate, via the overtime

sign-up sheet will canvas/confirm employees for overtime opportunities.

ARTICLE 20 - PAYDAY

20.01 Payday shall be once per week, by direct bank deposit on Thursday.

20.02 In the event a payroll error occurs through no fault of the employee, the

Company will process a separate cheque as follows:

a) if the shortage is in excess of three (3) hours and is requested prior to

noon on Thursday, the disbursement will be processed prior to shift end on

Friday

b) a shortage of less than three (3) hours will be compensated for on the

Employee’s next regular pay.

Should the employee be in agreement, the shortage in accordance with

(a) above will be processed on their next regular pay.


ARTICLE 21 – HOLIDAY WITH PAY PLAN

21.01 The following paid holidays shall be observed:

2013

Christmas Floater December 24, 2013.

Christmas Day December 25, 2013.

Boxing Day December 26, 2013.

Christmas Floater December 27, 2013.

New Years Eve December 31, 2013.

2014

New Years Day January 1, 2014

Good Friday April 18, 2014

Victoria Day May 19, 2014

Canada Day July 1, 2014

Labour Day September 1, 2014

Thanksgiving October 13, 2014

Christmas Floater December 24,2014

Christmas Day December 25, 2014

Boxing Day December 26, 2014

Christmas Floater December 30, 2014

New Years Eve December 31, 2014

2015


Good Friday April 3, 2015






Christmas Floater December 24,2015

Christmas Day December 25, 2015

Boxing Day December 28, 2015


Christmas Floater December 30, 2015

New Years Eve December 31, 2015

2016


Good Friday March 25, 2016






Note: The above holidays shall correspond with the Chrysler Brampton holidays.

21.02 Holiday pay shall be computed on the basis of eight (8) hours at the

employee’s regular straight time hourly rate for each of the above

holidays.

21.03 In order to be eligible for holiday pay, an employee must have worked the

last regularly scheduled work day immediately preceding and the first

regularly scheduled work day immediately following the holiday. An

employee who is absent from work on the last regular work day preceding

or following the paid holiday will be paid for the holiday, provided he/she

furnishes satisfactory reason for his/her absence , or he/she is excused in

writing by the Company.

21.04 Probationary employees will be eligible for holiday pay per the

Employment Standards Act.

ARTICLE 22 – VACATION WITH PAY PLAN

22.01 The Company will provide an annual vacation with pay for seniority

employees who meet the eligibility requirements. The amount of vacation

entitlement is determined by the employee’s length of service as of May


31st of each year. The amount of vacation pay is based on total earnings

from the previous twelve month period (June 1 to May 31), calculated at

the percentage shown below. Employees will receive all of their accrued

vacation pay no later than June 30th each year by separate cheque.

22.02 Each employee will receive vacation pay and shall be granted a leave of

absence for vacation purposes in accordance with the following

schedule:

YEARS OF SERVICE VACATION PAY

Less than 1 year 0 weeks 4%

1 year and less than 5 years 2 weeks 4%

5 years and less than 15 years 3 weeks 6%

15 years or greater 4 weeks 8%

22.03 Employee vacations are mandatory. Vacations will be reserved and

taken in accordance with the customer shutdown period (annual

vacation shutdown). Vacation earned over and above the customer

shutdown will be scheduled through the vacation scheduling process.

Preference will be given to the employees having the greatest seniority.

Vacation shall not be accumulated year-to-year.

22.04 The Company will post the annual vacation shutdown by May 1st, or

as advised by customer plants. Employees will have thirty (30) days

immediately following postings to submit vacation requests in writing to

management. Employees will be notified in writing within five (5) working

days after the deadline for vacation requests whether or not their request

can be granted. Every effort will be made to grant the employee’s request considering the needs of production and giving preference to the

request by seniority. All requests made after the thirty (30) day deadline

will be granted on a first come first, first served basis.ARTICLE 23 - BENEFITS

23.01 Seniority employees and their spouses and dependents are eligible for

the following benefits effective the first of the month after completion of

their probationary period:


Plan Design (Family)

Extended Health Services Only semi-private hospital accommodation.

Benefit will be the difference between ward rate

and semi-private hospital room rate to a

maximum of $200 per day.

Prescription Drug The maximum covered dispensing fee is limited

to $11.00 and 10% co-pay agreement.

If a generic equivalent to a drug is available,

reimbursement is limited to the cost of lowest

priced generic less the co-pay and any amount

in excess of $11.00 dispensing fee.

Out of Province Provides benefits for covered “out of province”

hospital, surgical and medical, as a result of an

accident or emergency, when the Provincial

Plan makes a payment towards the cost, and

when appropriate, air or land ambulance service

for repatriation of the patient and

accompanying spouse.

Paramedical Services All excluded, i.e. chiropractor, therapy, vision,

eyeglasses, footwear, orthotics. Only the above

described semi-private hospital accommodation

(limited to $200 per day is included.

Plan Design (Employee Only)

Basic Life Insurance $10,000 in life insurance coverage. Employees

over sixty five (65) years of age will only be

insured at 50% of the above rate.

Extra Accident Equal to 50% basic life (i.e. $5,000). If accidental

death occurs while on Company business, an

additional benefit equal to the amount of extra

accident will be paid. Employees over sixty five

(65) years of age will only be insured at 50% of

the above rate.

In the third (3rd) year of the contract, seniority employees and their spouse and

dependents are eligible for the following benefits effective

November 1st ,2015


Employees will be eligible for Family Dental Coverage in the third year of the

contract

Co-insurance -Basic 100%

Deductible -$50.00 Single, $100.00 Family, annually

Dental coverage includes the following services and is subject to an annual

maximum per participant of eighteen hundred ($1800) dollars and current

Ontario Dental association Fee Guide (ODA)

Periodontic/Endodontic;

Denture Service (repairs, relining,rebasing only)

Denture Service (first installation and replacements)-payable at 50%

Recall Exam:

Adults every twelve (12) months and children every nine (9) months;

No oral hygiene instruction. White fillings on molars

Orthodontics $1,800.00 lifetime maximum for dependent children 18 years of

age and under only and payable at fifty per cent (50%)

See Member Benefit Booklet for detail of Plan Maximums

23.02 All health care benefits covered under this agreement will continue

In full with the Company paying the premiums through the end of the month

Following the date of layoff


ARTICLE 24 – HEALTH AND SAFETY

24.01 The Company will make adequate provisions for the health and safety of

all employees. The Union and the Company will work co-operatively to

maintain and improve standards of safety and health in an effort to

prevent workplace accidents, injuries and illness. Both the Company and

Union will comply with the Ontario Occupational Health and Safety Act,

its regulations and codes of practice as in effect on the date of this

Agreement as minimum standards.

24.02 The Company and the Union will establish a Joint Health and Safety

Committee. The Committee shall be composed of two (2) members of

the bargaining unit and two (2) members of management. Employee

representatives shall be elected or appointed by the Union.

24.03 The Joint Health and Safety Committee shall meet and perform duties as

prescribed by the Occupational Health and Safety Act. The Company

will ensure the Union Joint Health and Safety Co-chair will be trained to

become a certified health and safety representative, if not already

certified, as training becomes available. The cost of the training, including

lost time wages, will be paid by the Company.

Without limiting the generality of the foregoing, the Committee shall:

a) Determine that inspections have been carried out at least once a

month by the co-chairs or designates. These inspections shall be

made of all places of employment, including buildings, structures,

grounds, excavations, tools, equipment, machinery and work

methods and practices including ergonomic assessments.

Inspections shall be made at intervals that will prevent the

development of unsafe working conditions.

b) Recommend measures required to attain compliance with

appropriate government regulations and the correction of

hazardous conditions.


c) Consider recommendations from the workforce with respect to

health and safety matters and recommend implementation where

warranted.

d) Hold monthly meetings for the review of reports of current

occupational diseases and injuries, their causes and means of

prevention; remedial action taken or required by the reports of

investigations or inspections, and; any other matters pertaining to

health and safety.

e) Time spent by members of the Committee in the course of their

duties shall be considered as time worked and shall be paid in

accordance with the terms of this Agreement.

24.04 Education and Training

No employee shall be required or allowed to work on any job or operate

any piece of equipment until the employee has received proper

education, training and instruction.

24.05 Right to Accompany Inspectors

The Union JHSC co-chairperson or designate shall be allowed to

accompany a government inspector on an inspection tour.

24.06 Access to the Workplace

The National and Local Union Health and Safety staff shall be provided

access to the workplace to attend meetings of the Committee or for

inspecting, investigating or monitoring the workplace. Prior notice to the

Company must be given and the time and date shall be mutually

agreed.

24.07 National Day of Mourning

Each year on April 28 at 11:00 a.m., work will stop and one minute of

silence will be observed in memory of workers killed or injured on the job.

24.08 Occupational Health and Safety Act

The parties agree that for the duration of this Agreement the right to

refuse work, the processes in connection with this right and the obligations

of the Company, the Union and the employees, as set out in Section 43

and 50, Parts 2 to 7 of the Occupational Health and Safety Act RSO 1995

together with the relevant regulation in effect upon ratification of this

Agreement will continue to apply.

24.09 Environmental Testing


When an environmental concern exists that requires testing/sampling, to

the extent possible, such testing will be performed and signed off jointly.

Where testing is performed by a third party, the findings and any resulting

action plans will be shared with the Joint Health & Safety Committee.

24.10 Safety Shoe Allowance

Approved Safety Footwear-Seniority employees upon ratification will receive

one hundred and twenty dollars ($120) lump sum payable in the second pay

period of November 2013 and another one hundred and twenty dollars ($120)

lump sum payment payable in the second pay period in April 2015.

Employees hired after ratification will receive an eighty dollar ($80) lump sum

payment not to exceed one (1) payment in each year of the contract

Footwear allowance will be a non-taxable benefit

24.11 The Company agrees to have the Joint Health & Safety Committee

review and address any concerns with the preventative maintenance program

regularly at the JHSC monthly meetings.

24.12 Extreme Weather

In accordance with the current procedure developed by the Joint Health

and Safety Committee, the parties agree that in response to extreme

temperature humidex readings, such responses may include extended or

additional rest periods and increased fluids, fans or other methods to

alleviate heat stress and/or improve air circulation, supplied by the

Company. The Company will meet with the Union in April of each year to

discuss requirements.

Employees who become ill due to heat prostration may be transported for

medical treatment and will be excused from work with full pay if the

employee sought medical treatment and the attending physician

acknowledges and verifies with documentation supporting a work-related

illness.

24.13 EARLY AND SAFE RETURN TO WORK


The intent of the early and safe return to work procedure for

accommodation and placement of injured or disabled employees is to

provide suitable work consistent with the functional abilities of the

employee. The parties reiterated their commitment to work together,

along with the employee and their medical provider, to focus on returning

the employee to their pre-injury level of health while ensuring all

obligations under legislation. The Company will follow the Return to Work

Program that is developed by the JHSC.

In the case of illness, only employees that miss more than five (5) days for

this reason over the calendar year will be required to submit medical

documentation. This documentation must be dated on the first day of

illness, confirm that the employee was unfit/unable to work and provide

the duration of the illness, and that the employee is fit to return to normal

duties. However, an employee must still complete an Absence Form.

ARTICLE 25 – PRINTING OF THE COLLECTIVE AGREEMENT

25.01 The Company agrees to pay the cost of the printing of the new Collective

Agreement by a Union printer.


ARTICLE 26 - TRAINING

26.01 Training of employees is an integral part of syncreon automotive’s ability

to provide world class services to its customer. In order to provide levels of

service to the customer and to recognize the Letter of Understanding

relating to Quality Practice, the following will apply:

a) In general, all training, associated methods, and decisions on who

conducts training is a management right.

b) Employees assessed as competent in the related processes may be used

to aid in the training process. Efforts will be made to utilize those

employees wishing to train.

c) Training shall be conducted during regular working hours when possible.

However training activities may be conducted during overtime hours.

26.02 Ramp-Up Language

When the Company is ramping up for new business, employees posting to

that area will have an opportunity to become familiar with the processes

and be trained to ensure a successful launch. By mutual agreement of


the parties, employees can be brought in outside of their normally

scheduled working hours at the appropriate rate to assist in the set up of

the area and for training purposes without the Company being required

to use the overtime list.

ARTICLE 27 – APPENDICES

27.01 Attached and forming part of this Agreement are the following

appendices:

Schedule “A” – Wages and Classifications

Schedule “B” – Letters of Understanding

ARTICLE 28 – DURATION OF AGREEMENT

28.01 This Agreement will remain in effect from October 21, 2013 to October 20,

201 6and 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 full force and effect from year to year thereafter. Notice that

amendments are required or that either party intends to terminate the

Agreement will only be given during the period of not more than ninety

(90) days prior to the expiration of the Agreement.

28.02 This Agreement is hereby signed on behalf of the parties hereto by their

authorized representatives on the 21st day of October, 2013.


ARTICLE 29 – PARTIAL OR TOTAL PLANT CLOSURE

29.01 Provided the Company is given written notification from the customer, the

Company shall provide the Union at least six (6) months in advance of any

contemplated shutdown of operations that will affect the employees.

Such notice shall be in writing and indicate the reason for the action.

29.02 The Union and the Company will meet expeditiously to discuss the

contemplated shutdown with a view to providing a solution to the

problem or jobs for the employees involved.

29.03 All health care benefits covered under this agreement will continue in full

with the Company paying the premiums through the end of the month

following the date of layoff

Article 30-Adjustment Proposal

In the event of any long term lay off, the Company agrees to provide

office space and equipment, and to work in conjunction with the Union

and any regulatory agencies to assist employees during this period

If Short Work Week occurs, employees will not be sent home when the

customer is running unless canvassed on a voluntary basis.


ARTICLE 31 – MOVING LOCATION

31.01 In the event the Employer closes the current plant and within six (6)

months of such closure and subsequently relocates the Brampton scope of work

to a new location or another facility within 100kms, the Employer agrees to

recognize the Union’s bargaining rights at such new location and at no cost to

the Employer, to offer transfers, to active full time employees and laid off full

time employees with recall rights as at the date of closure of the Brampton

facility, by the Employer, in the new location.


SCHEDULE “A”

CLASSIFICATION AND WAGE SCHEDULE

2013

Top Rate

Classification Start 6 months 1 year 2 year 3 year

Production Oper $13.50 $14.00 $15.00 $16.00 $17.00

Forklift Oper $13.50 $14.00 $15.00 $16.00 $17.00

AZ Drivers $16.50 $17.00 $18.00 $19.00 $19.50

Top Rate will increase as follows:

Operators/Forklift

2014-$17.50

2015-$18.00

AZ Drivers

2014-$20.00

2015-$21.00

Wage progression increases will be effective on Monday or the first Monday

after the years of service is reached.

Increases to Top Rates will be effective on the first Monday following each

contract renewal date.

Employees hired full time from January 2012 through April 2013 will receive a

$0.50 increase on their anniversary date in 2014.


Effective with the successful ratification of this new Collective Agreement,

Production Operator and Forklift employees with greater than six (6) months will

receive a one dollar ($1.00) pull ahead per hour increase retroactive to October

21, 2013.

Effective with the successful ratification of this new Collective Agreement, AZ

Driver employees with less than six (6) months or greater than (1) year will

receive a fifty cents ($0.50) pull ahead per hour increase retroactive to October

21, 2013.

Effective with the successful ratification of this new Collective Agreement, AZ

Driver employees with greater than six (6) months and less than one (1) year will

receive a one dollar ($1.00) pull ahead per hour increase retroactive to October

21,2013.

Employees in the classification of Production Operator and Forklift operator who

become Team Leaders through the job posting procedure will receive $0.75 per

hour above their current rate of pay.

Employees in the classification of AZ Drivers who become Team Leaders through

the job posting procedure will receive $1.00 per hour above their current rate of

pay.

Shift Premium

Midnight shift (as defined in Article 18.07 will receive a shift premium equal to

$0.30 in the first contract, $0.40 in the second contract and $0.45 in the third

contract year.

Signing Bonus

Payable within three (3) weeks of the successful ratification of this collective

agreement to active employees. Employees on leaves of absence will receive

their signing bonus the second pay period upon their return from leave.

All full time employees at time of ratification will be eligible for a $500.00 signing

bonus to be payable within three (3) weeks of ratification. Employees will have


the option to transfer this amount to an RRSP account. Employees who wish to

do so must notify the Company and provide appropriate documentation within

seven (7) days of ratification.


SCHEDULE B – LETTERS OF UNDERSTANDING

WORK STANDARDS

When the Company establishes work standards during the term of the

Agreement, the standards will reflect fairness and equity, in that such standards

shall recognize the reasonable working capacities of experienced employees

working at a normal pace with regard to the required quality of work, the

efficiency of operations, and ergonomic factors.

A work standard shall include and indicate the time available for personal,

fatigue delay and other relevant allowances.

When a new standard condition exists which adversely affects the operation, an

employee who is following the prescribed method and using the tools provided

in the proper manner and is performing at a normal rate will not be disciplined

for failure to obtain an expected amount of production.

When it is necessary to adjust the normal schedule ratio of production and more

or less work is required, the Company will adjust the manpower to perform the

work in an efficient and safe manner. The Company will provide the Union and

affected employees advanced notice in situations when the Company receives

advanced notice from the customer.

In order to provide an effective resolution of work standard disputes the

following will be used:

Where a dispute arises regarding a work standard that has been established or

changed the employee shall take the complaint up with his supervisor. If the

complaint remains, the employee may request a Union representative who will

be sent for without undue delay.

At this stage the Company and the Union shall:

-Identify the reason(s) for the disputed work allocation.

-Use all resources to address issues including, but not limited to, tooling,

engineering or design specifications, health and safety, ergonomics, methods,

layout, sequence, and process.

-Review available time or work study data. All studies used in developing a work

standard shall show all elements into which the operation has been broken

down, the element and points, the sequence of elements, the method, a

general sketch showing the location of tools, equipment and stock applicable


to the particular group or type of operations, and all other conditions and

circumstances under which the operation was studied.

-Address issues including, but not limited to, non-standard conditions, off-

standard material, malfunctioning machinery, tools and equipment, machine

feeds, controls and speeds, product mix or other factors, which could affect the

operation.

-The parties shall verify available work or time study data on the operator

experiencing difficulty.

-A time study, using the stopwatch method, will be undertaken in an effort to

resolve the dispute.

-If the dispute remains, a grievance may be filed in accordance with the

provisions of the collective agreement.

If the Company is considering changing the methods or system it uses to

establish work standards it will, prior to implementation, review and discuss the

modifications with the Union.

The parties agree that the Terms of this Letter of Understanding will not be

implemented until the Company has determined and selected an appropriate

time study method.

It is further agreed that the Terms of this Letter of Understanding will only apply to

those jobs capable of being “standardized”, for example, Material Handling,

Maintenance, etc.

The Company will make one (1) Union Representative, appointed by the Unifor,

available for time-study training and will pay no more than forty (40) hours of lost

time wages during the life of this agreement.


QUALITY PRACTICE

The Company and the Union recognize that providing a service of the highest

quality is a vital element in determining the long term success of the Company

and in the enhancement of job security for all employees. The Company, the

Union and the employees have also acknowledged the fundamental

importance of quality and all recognize that we have a role and responsibility to

provide a quality service (on-time, to specifications, and within budget) to satisfy

our customers.

We will provide Zero Defect Services to our internal and external customers on

time, all the time.

We will:

Pursue leading-edge technology to provide distinctly superior services.

Attain an unrestrained flow in our operations.

Eliminate waste and constraints in every form.

Insist upon quality in everything we do.

Embrace change as an opportunity.

Recognize that people are the Company.

Inspire enthusiastic co-operation to achieve success.

Demonstrate our commitment to our people.

Always maintain our integrity.

Lead by taking responsibility.

Continue learning at all levels.

SHIFT EXCHANGE

Provided that a minimum of twenty four (24) hours advance written notice is

given, employees may make a request to exchange shifts with a co-worker.

Both employees must have the skill and ability to perform each others work

assignment. Preference will be given to those in the same group within the

affected classification. The exchange must be approved by the supervisor(s)

and will not be unreasonably denied.

It is understood that a shift exchange initiated by one or more employees will

not result in an increase in costs to the Company, including but not limited to

overtime and training. The employees changing shifts will assume all job duty

responsibilities of the other person.


SOCIAL JUSTICE FUND

The Company will pay into a special fund one cent ($0.01) per hour per

employee for all compensated hours for the purpose of contributing to the

C.A.W. - Social Justice Fund. The Fund is a registered non-profit charity which

contributes to Canadian and international non-partisan, non-governmental

relief and development organizations. The monies will be paid on a quarterly

basis into the fund established by its Board of Directors and sent by the

Company to the following address:

C.A.W. Social Justice Fund

205 Placer Court

Willowdale, Ontario. M2H 3H9

PAID EDUCATION LEAVE

The Company will pay into a special fund five cents ($0.05) per hour per

employee for all compensated hours for the purpose of providing paid

education leave. The paid education leave will be for the purpose of

upgrading the employee skills in all aspects of Trade Union functions. The

monies will be paid on a quarterly basis into a trust fund established by the

National Union, Unifor and sent by the Company to the following address:

Unifor Paid Education Leave Program,

205 Placer Court

North York, ON M2H 3H9

LOCAL UNION REPRESENTATION FUND

The Company will pay into a special fund one cent ($0.01) per hour per

employee for all compensated hours to the Unifor Local 1285 for the purpose of

representation in the areas of WSIB, EI, Health Benefits, and Employee and

Family Assistance Program (EFAP). The monies will be paid on an annual basis

(June 30th) sent by the Company to the following address:

Unifor Local 1285

23 Regan Rd, Suite 1

Brampton, ON L7A 1B2

WORKING TEAM LEADERS


The Working Team Leader who reports to the Supervisor, is responsible for co-

ordinating the activities of their group. While the Supervisor has ultimate

responsibility for operational results, the Working Team Leader plays a key role in

guiding members of the group toward the achievement of established business

objectives, quality, and safety goals. The major duties of the Working Team

Leader include:

Quality and Production Support

Providing temporary absentee relief

Able to work on all jobs in their respective area

Aid the team in resolving issues

Facilitate problem solving with the team

Report out at team board on daily metrics for the team

Strive for continuous improvement for the team

Provide leadership, lead by example

Good communication skills

Resolve quality issues

Assist in productivity improvements

Working Team Leaders are expected to carry out their responsibilities in the spirit

of teamwork and co-operation, not through direct supervision. A Working Team

Leader requires a full scope of knowledge of all operations assigned to the

group so as to effectively co-ordinate group members.


MEMORANDUM OF UNDERSTANDING TEMPORARY PART-TIME PROGRAM


The parties recognize the utilization of Temporary Part Time Employees in order

to maintain production.

THEREFORE:

The Company agrees to hire Temporary Part Time Employees in order to fill

temporary positions due to approved leave of absences on Fridays, Saturdays,

Sundays, and Mondays. Any days outside the above mentioned, will be

mutually agreed upon between the parties. In addition, Temporary Part Time

Employees can be utilized to replace full time seniority employees that are on

an approved leave for vacation purposes during the months of June, July and

August.

Emergency situations will be dealt with on a case-by-case basis and will involve

the Plant Chairperson/Committeeperson and Operations Manager or their

designate.

Syncreon employees requesting a day off will fill out an Absence Form. Requests

must be submitted in advance of Tuesday and employees will be informed in

writing about the employer’s decision by the end of the Wednesday’s shift.

Temporary Part Time Employees will be treated as probationary employees in all

aspects as described in the Collective Agreement unless specifically mentioned

in this Memorandum. In the event a Temporary Part Time Employee’s

performance is unsatisfactory the Company will make available to the Union,

the employee’s performance evaluation prior to termination

When recruiting and selecting Temporary Part Time Employees, first preference

shall be given to sons and daughters of our current salary and hourly employees.

If additional Temporary Part Time Employees are required, selection will be

extended to other family members.

Temporary Part Time Employees will be 18 years of age, and proof of school

registration is required on an annual basis. The TPT Program will be limited to four

(4) years for each Temporary Part Time Employee.

Temporary Part Time Employees will not be utilized while full-time seniority

employees are on layoff.

Temporary Part Time Employees will not be utilized for the purpose of establishing

any work standards.


The rate of pay for Temporary Part Time Employees will be $13.50 and Temporary

Part Time Employees will be eligible for the next pay increase after one (1) year

$15.00 and after two (2) years $16.00

Temporary Part Time Employees will pay Union dues.

Temporary Part Time Employees will not establish seniority

Temporary Part Time Employees will be entitled to regular/overtime opportunities

on a “last to be asked” basis by shift and the Company will inform the Union.

After Temporary Part Time Employees have completed a period of ninety (90)

calendar days, they are eligible for a seventy five ($75) safety shoe refund

provided they show proof of sale after date of hire.

The intent of this Memorandum is not to have Temporary Part Time Employees’

replace the need or requirement of full-time employment should further job

opportunities arise at syncreon – Brampton.

The Company and the Union may terminate this Memorandum of

Understanding upon a thirty (30) day written notice, by either party.

IN WITNESS WHEREOF, the parties have caused their names to be subscribed by

their duly authorized officers and representatives.

LETTER OF UNDERSTANDING – AZ DRIVERS

For the purpose of the layoff and recall provisions of Article 14,

Employees classified as “AZ Drivers” will have seniority rights exclusively

within their own classification as set out in Schedule “A”.


An employee who is laid off from the AZ classification will be

given the option to transfer into the production operator or forklift

classification provided there is a vacancy. If this occurs, the transferred

employee will have seniority from his/her first day worked

in the new classification but will retain his/her “service” for the

purpose of wages, benefits, vacations and severance.

An employee who accepts a transfer as outlined above, will retain

recall rights to the AZ classification.

collective agreement - ontario...swaranjit singh committeeperson, unifor local 1285 _____ kyle young...

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