collective bargaining information services collective agreement between ryding regency … · 2016....

MAY/04/2009/MON 07:26PM Ryding Regency FAX No. 416 766 9167 P. 028

Effective

COLLECTIVE AGREEMENT '

BETWEEN

MAY 5 2009

COLLECTIVE BARGAINING INFORMATION SERVICES

RYDING REGENCY MEAT PACKERS LTD.

AND

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 1 OOOA,

FILE No. h { Lf .- 0 I S'i?

CERT. FILE

CERT.DATE

TOTAL EMPS ~~ EFF. DATE [ Lj - ('{1 ,__,_. _ ~00 fXP. DATE L3, (\{lo.-r- 1,.Do

CODING CONTROL DATE CODiiR

!DENT CODED March 14, 2007 March 13, 2008 RECEIVED- IPS )Tf\151{ J

0 J UNION I I EMPLOYER f:--j f-·--OTHER

7

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INDEX

ARTICLE 1 ·RECOGNITION..................................................................... 1

ARTICLE 2 • MANAGEMENT RIGHTS...................................................... 1

ARTICLE 3 ·SCHEDULES........................................................................ 2

ARTICLE 4 - UNION SECURITY AND CHECK-OFF OF UNION DUES.... 2

ARTICLE 5 • OFFICERS OF THE UNION............................................... 3

ARTICLE 6 ·GRIEVANCE PROCEDURE................................................. 4

ARTICLE 7 - DISMISSAL OR SUSPENSION............................................ 6

ARTICLE 8 -ARBITRATION..................................................................... 7

ARTICLE 9 • HOURS OF WORK AND OVERTIME.................................. 8

ARTICLE 10 ·SENIORITY......................................................................... 10

ARTICLE 11 • AUTHORIZED ABSENCE FROM WORK............................ 12

ARTICLE 12 ·REST PERIODS.................................................................. 13

ARTICLE 13 -BULLETIN BOARDS........................................................... 13

ARTICLE 14 -GOVERNMENT REGULATIONS......................................... 14

ARTICLE 15 ·SAFETY AND CLOTHING................................................... 14

ARTICLE 16 ·STRIKE AND LOCKOUTS.................................................. 15

ARTICLE 17 -DURATION OF AGREEMENT............................................ 16

SCHEDULE "A" • WAGES,,., ....... HHOIIOiro••••••'"""'''""'''"u'""'"'''''"''"""~''''''' 17

SCHEDULE "B" ·BENEFITS....................................................................... 20

SCHEDULE "C" ·PAID PLANT HOLIDAYS AND VACATIONS.................. 22

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ARTICLE 1 -RECOGNITION

The Union recognizes that the business in which the Company is engaged is highly competitive and that the Company must be able to maintain an efficient operation and improve itself in a strong, competitive market and the Union agrees to support the Company in obtaining these objectives.

ARTICLE 2- MANAGEMENT RIGHTS

2.1 The Company has the right to take any action it deems appropriate in the management of the business of the Company and the direction of its employees. Without limiting the generality of the above, these rights include, but are not

limited to the right to:

a. hire, classify, direct, promote, retire, transfer, layoff or recall, discharge, reprimand, suspend, demote or otherwise discipline employees for just cause and shall not be inconsistent with the terms of this agreement;

b. determine the requirements of a job and the standards of work to be performed;

c. expand, reduce, alter, combine, transfer or cease any job, department, operation or service;

d. determine the size and composition of the workforce;

e. make or change rules, policies and practices, provided that such rules, policies and practices shall not be inconsistent with the terms of this agreement;

f. maintain order and efficiency and otherwise generally manage the operations of the Company, direct the workforce and establish terms and conditions of employment not in conflict with the provisions of this agreement.

2.2 The Company agrees that persons excluded from the bargaining unit shall not perform bargaining unit work except for the following purposes:

a. to train or instruct new employees or employees who are on a new job;

b. to take an employee's place temporarily in an emergency situation:

i) an employee fails to show up for his shift; ii) an employee is relieved or absent due to injury or sickness; or iii) an employee, for other reasons, is absent from his job.

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c. to help relieve a back log or unexpected emergency scheduling condition;

d. to permit the Company to hire summer students for not more than ninety (90) days during the months of May, June, July, August and September;

e. to perform work, which is necessary to protect the business in cases of emergencies such as fire, power failure, etc.;

f. to cover for stewards and/or the chairman when they leave their job for union duties;

g. to permit the current work that our foreman(s) and maintenance foreman(s) currently are performing.

ARTICLE 3 -SCHEDULES

3.1 Attached bereto and forming part of this Agreement are the following Schedules;

Schedule A - Wage Rates Schedule B -Benefit Plan Schedule C - Paid Plant Holidays and Vacations

ARTICLE 4- UNION SECURITY AND CHECK-OFF OF UNION DUES

4.1 The Company agrees that as long as this Agreement is in force, the Union will be

the exclusive bargaining agent for all of the employees covered by this Agreement.

4.1 (a) The Company agrees to notify the Union, of those individuals successfully completing their probationary period.

4.2 The Company agrees to deduct from the pay due an employee the regular weekly union dues. The Company further agrees to transmit the amounts so deducted to the Financial Secretary of the Local Union on or before the last day of each month together with a list of the employees including their address and

social insurance numbers from whom such deductions are made. The Union agrees to notify the Company of the amount of the regular union dues and any

special assessments and to provide the Company with union membership application forms to be completed and signed at the time of hiring a new employee.

4.3 Special assessments, if levied in accordance with the constitution and bylaws of the Union, will be deducted from the employee's wages upon proper notification

and proof from the Union.

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4.4 The Union shall indemnify and save harmless the Company for any and all claims, demands or actions or causes of action arising of the collection of any dues, initiations fees and special assessments so deducted from employees covered by this agreement.

4.5 It is further provided that all new employees hired by the Company shall pay dues providing they have worked at least thirty-five (35) hours in the week or weeks prior to the check-off date.

4.6 No coercion or intimidation. Both the Company and the Union agree that no employee shall be subject any penalties against his application for membership or for reinstatement as a member in the Union. Further, the Company and the Union agree that no coercion or intimidation of any kind shall be practised to compel or influence an employee to join the Union nor shall any discrimination of any kind whatever be practised or permitted with respect to employees who are or become members of the Union.

4. 7 No Discrimination. It shall continue to be the policy of the Company and of the Union not to discriminate against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, political and religious affiliation, sexual orientation, record of offence, marital status or family status.

ARTICLE 5 ·OFFICERS OF THE UNION

5.1 The Company agrees to recognize and the Union agrees to elect or appoint stewards and a chairman to deal with matters affecting employees in the bargaining unit. The stewards and the chairman of the Union as referred to in this Agreement shall be employees with at least one year of seniority working for the Company. The Union agrees to elect or appoint one (1) chairman and a maximum of three (3) stewards for the bargaining unit. The Union shall provide the Company with a written list of the names of the chairman and the stewards of the Union and the Union agrees to keep the list current at all times.

Except as set out in this Agreement, the stewards and chairman shall not be allowed or subjected to different treatment than other employees by reason of their position in the Union.

5.2. Union Business. The Company recognizes that the stewards and the chairman have duties and responsibilities towards and on behalf of the Union and that they are required at times to leave their jobs to investigate and process grievances, or discuss with supervisors other matters affecting employees. The Union recognizes that the stewards and chairman are employees of the Company and as such have jobs to perform on behalf of the Company.

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When it becomes necessary for a steward and/or chairman to leave their jobs to

attend to union matters in the building at the Company, they will give their

foreman as much advance warning as possible, and arrangements will be made

by their foreman to leave their jobs with no loss of pay as soon as reasonably

possible, but normally not later than by the end of half shift.

When it is necessary for a steward and/or chairman to attend to Union matters

outside the building, the Company will require one (1) week's notice of such

request in writing from the Union office. Provided that the notice has been

provided and the business operations permit, the chairman and/or steward will

be allowed to leave to attend to Union matters but such leave will be without pay.

The Union agrees that there will not normally be duplication of duties or

responsibilities of the steward and chairman. However, It is recognized that

there may be times, when because of the circumstances, the Union or the

Company may deem it necessary to have more than one (1) representative to

attend to the matter.

ARTICLE 6 ·GRIEVANCE PROCEDURE

6.1 Purpose. Both the Company and the Union emphasize the desirability of a

satisfactory grievance procedure. The purpose of the grievance procedure will

be to settle grievances promptly. It is agreed that consultation at any step in the

following procedure will take place quietly and speedily so that any possible

cause of friction may be reduced to a minimum.

6.1 (a) Grievance shall mean a complaint or claim concerning discipline or discharge, or

dispute with reference to the interpretation, application, administration or alleged

violation of this Agreement.

6.2 Grievance Steps. Alleged grievances shall be dealt with progressively in the

following manner.

1 •• Step: Within two (2) working days after the event giving rise to the

alleged grievance was known or ought reasonably to have been known, either

the aggrieved employee with a steward, or the steward on his own will request a

meeting with the foreman of the department in which the employee works to

discuss the alleged grievance. The foreman shall meet with the steward and/or

employee within two (2) working days of such request. The foreman shall give a

verbal response within two (2) working days of the meeting. If the Company

does not arrange to hold a meeting within two (2) working days following the

request for such meeting, the grievance may be dealt with at the following step,

should either party so desire.

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This provision shall not preclude an employee from discussing with the foreman any matter pertaining to his employment but, for the purpose of instituting a grievance, such discussion shall not be considered as part of the grievance procedure.

2"d Step: Should the steward or the employee be dissatisfied with the Company's disposition of Step 1, he may refer such matter on a written grievance form to the Area Supervisor within two (2) working days of receiving the Company's disposition or a time mutually agreed upon. The Area Supervisor shall meet with the steward and/or employee within two days of receiving the written request or at a time mutually agreed upon. The Union representative may be in attendance at this meeting. The Area Supervisor will provide a written response within five (5) working days of the meeting or within a time mutually agreed to. If the grievance is not then settled by the 2nd Step, then at the request of either party to this Agreement, the grievance may be referred to arbitration.

3'd Step: Should the stewa1·d or the employee be dissatisfied with the Company's disposition of Step #2, he may refer the matter on a written grievance form to the Plant Manager or his designate within five (5) working days of receiving the Company's disposition o1· a time mutually agreed upon in writing. The Plant Manager or his designate shall meet with the steward and/or the employee within five (5) days of receiving the written request or a time mutually agreed upon in writing. The Union representative may be in attendance at this meeting. The Plant Manager or his designate will provide a written response within five (5) days of the meeting or within a time mutually agreed to in writing. If the grievance is not settled by this 3rn step, then by request of either party to this agreement the matter may be referred to arbitration.

6.3 Working days. For the purpose of Article 6.2, the term "working days" shall not normally include Saturday, Sunday or any public holidays as set out in Schedule C of this Agreement unless it Is a regular working day.

6.4 Actions of Officials. If a grievance is filed as a result of the action or lack of action of the officials of either the Company or the Union, it shall be dealt with through the grievance procedure established by this Article, beginning with the 2nd Step and discussions between the Company and the Union apart from the grievance procedure shall not preclude or resort to the grievance procedure later, if so desired.

6.5 Wage Grievance. When a grievance which affects the rate of pay of an employee Is settled, and as a result of such settlement the employee receives an increase in his rates, the increase shall be paid retroactively to the date on which the complaint was first submitted to·the Company in writing or, if an error, the date on which the error occurred. This retroactivity, however, shall be limited to

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a maximum of forty-five ( 45) working days. If due to a clerical error an employee is receiving an inflated rate, the Company may recapture the overpayment for a period not to exceed 45 working days. A method for repayment shall be agreed upon between the parties so as not to create a hardship in the employee.

6.6 Continue Work- During Grievance Investigation. If an employee feels he is suffering a grievance, he should report the grievance at once In the manner described in Section 6.2 above. Pending the investigation and settlement, he will perform the duties assigned to him.

6.7 Discussions Between the Steward and Foreman. The stewards or the chairman may discuss with a foreman directly matters, which may affect the welfare of the employees, even though at the time, it may not constitute a grievance. Similar discussions may take place between the stewards and/or the chairman with the Plant Supervisor or his designed representative.

6.8 Disciplinary Letters. Letters on an employee's record are to be withdrawn from the employee's personnel file twenty-four (24) months after being placed in the file.

ARTICLE 7 - DISMISSAL OR SUSPENSION

7.1 If an employee is dismissed or suspended for any reason whatsoever and feels that he has been unjustly dealt with, he shall promptly notify a steward or the chairman who shall, if a grievance is to be filed, notify the Plant Supervisor in writing within five (5) working days of receipt of notice of dismissal or suspension by the chairman or a steward stating the grounds of objection to the d lsmissal or suspension. The dismissal or suspension shall then constitute a grievance and shall be dealt with according to the grievance procedure set out in Article 6 beginning with the 2"d Step of Section 6.2. If subsequently it is decided that the employee was unjustly dismissed or suspended, or, that the degree of penalty was inappropriate to the offence, he shall be reinstated in his former position with all rights accrued to him under this agreement. He shall be compensated for all time lost, at his regular rate of pay, or granted such lesser compensation for lost wages as may be deemed fair in the circumstances.

7.2 To ensure prompt handling of a grievance under this Article after the date the grievance is filed, not more than five ( 5) working days shall elapse under each successive step, unless mutually agreed to by the Union and the Company or where parties agree you can extend time limits.

7.3 The Company will notify the chairman or a steward within one (1) working day if an employee with seniority is dismissed or suspended and if a grievance is to be filed, it may be submitted within five (5) working days of the receipt of the notice by the chairman or a steward.

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ARTICLE 8- ARBITRATION

8.1 If settlement is not reached through the grievance procedure in Article 6, the grievance may be referred by the Union or by the Company to an Arbitration Committee of three members. The three members will be comprised of one to be appointed by the Union, one by the Company, and a third, who shall act as chairman, to be mutually agreed upon by the other two. Upon receipt of the name of the member appointed by the party submitting the grievance to arbitration, the other party shall name its nominee. If it fails to do so within two (2) weeks, its nominee will be appointed by the Minister of Labour of the Province of Ontario upon request by the party submitting the grievance to arbitration.

8.2 Notwithstanding the foregoing, the parties may agree to the appointment of a single arbitrator with the same powers as an Arbitration Committee. In such cases, the party referring the grievance to arbitration shall, instead of submitting the name of its nominee, submit the name of the arbitrator it wishes to suggest to the other party. If agreement cannot be reached on the appointment of a single arbitrator within five (5) working days, an Arbitration Committee will be appointed in accordance with the provisions of 8.1 above, unless the parties agree otherwise.

8.3 It is agreed that neither party will prevent the other party referring a matter to arbitration to determine if the matter is arbitrable. A question of arbitrability need not be raised during the grievance procedure. If the Arbitration Committee determines the grievance to be arbitrable, this same committee as constituted shall then be empowered to consider the grievance.

8.4 No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. A decision of a majority of the Arbitration Committee shall be deemed to be a decision of the Committee. In reaching its decision, the Committee or the single arbitrator shall be governed by the provisions of this Agreement and such decision shall be final and binding upon all parties concerned.

8.5 The Arbitration Committee or the arbitrator is requested to meet within one (1) month following appointment if possible and the parties further request that a decision shall be final and binding upon all parties concerned.

8.6 The cost of the chairman shall be shared equally by the parties. Each party shall pay Its own costs including those of its nominees, representatives and witnesses.

8. 7 The time limits outlined in Article 6 -Grievance Procedure, Article 7 - Dismissal

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or Suspension and Article 8- Arbitration are mandatory may be extended by

mutual agreement in writing. Should the Union fail to proceed at any step of

Article 6, 7 or 8, the grievance shall be deemed settled upon the Company's last

answer.

ARTICLE 9 ·HOURS OF WORK AND OVERTIME

9.1 (a) The normal work week for all hourly rated employees shall consist of forty (40)

hours made up of five (5) consecutive eight (8) hour days Monday through

Friday.

9.1(b) The Company will accept employee calls to report intended absence at face

value, limiting inquiries only to matters of date and time of anticipated return to

work.

9.2 The Company agrees to provide the Union with a schedule of normal working

times for all hourly rated employees within ninety (90) days after the signing of

this Agreement.

The daily hours set out in this schedule may be altered from time to time as

required for the operation and improvement of the business. The Company,

however, agrees that, except by mutual consents, no individual's schedule shall

be changed without sixteen (16) hours' notice.

9.3(a) Any work performed in excess of the employees' normal work week, shall be

considered overtime and paid for at the rate of time and one-half the employees'

regular hourly rate. For greater clarity, all hours worked in excess of eight (8) per

day and forty (40) per week as well as any time worked outside the schedule of

normal working times shall be paid at time and one half the employee's regular

rate. If a worker reported for overtime assignment prior to his regularly

scheduled start time and completed five (5) hours of his scheduled time, that

time worked prior to his regular scheduled start will be paid as overtime rate.

An employee who declines three consecutive offers of overtime shall be advised

in writing of the occasions asked and declined and that they will not be asked

again until that employee so notifies his supervisor in writing of his intention to

participate in overtime.

9.3(b) All hours worked on Sunday or, in excess of twelve (12) hours per day shall be

paid at two (2) times the employee's regular rate.

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9.4 Weekly Guarantee. The Company agrees to guarantee all hourly rated active employees (i.e., not on layoff, Injury or leave of absence), thirty-five (35) hours' pay at regular rates in every week of employment with the following considerations;

(a) If any employee declines to perform the work assigned to him, the Company shall be absolved from its guarantee in respect to the hours so lost by that employee.

(b) Any employee who is late or absent from work on any day or part of a day that he is scheduled or directed to work in that week, shall have his guarantee reduced by the time so lost.

(c) An employee who is employed after the first of the payroll week shall be guaranteed that fraction of thirty-five (35) hours' work which remains In the scheduled work week.

(d) If the present tenant at 70 Glen Scarlett Road decides to leave the premise or temporarily or permanently shut down its business, the weekly guarantee described in this Article 9.4 would be reduced to thirty (30) hours and all of Article 9.4 would reflect that change.

9.5 An employee reporting for work upon instructions ofthe Company, but for whom no work is available at his regular job, will be offered at least four (4) hours' employment on other work at his regular rate, or at the Company's option, will be paid for four (4) hours' time at his regular rate. The foregoing shall not apply whenever a stoppage of work is due to fire, power failure, an order of an inspector or other similar causes, breakdown and line stops, storms, a labour dispute , lack of water, lack of livestock, or other similar causes beyond the control of the Company, in which case no payment for lost time shall be made.

9.6 An employee who has already left the premises of the Company after completion of his scheduled shift, and who is called by the Company to work, shall receive at least four (4) hours' pay at regular rates or time and one half for the hours worked, whichever is the greater.

9.7 Employees shall not be required to work more than five (5) continuous hours, or, one and one half (1 Y.) hours after their scheduled quitting time without a thirty (30) minute unpaid meal period.

9.8 The Union acknowledges that from time to time, overtime Is necessary to ensure that the business operates efficiently. The Union agrees to encourage employees to co-operate with the Company by working a reasonable amount of overtime to meet the Company's requirements. In the event that the Company is

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unable to obtain a sufficient number of volunteers by seniority as set out in paragraph 9.9 below, the Company shall have the right to require by reverse seniority a sufficient number of employees to work overtime hours. The employees will be chosen by reverse seniority and by capability of performing the overtime work required.

9.9 The Company agrees to the principle of equal distribution of overtime work hours amongst employees who are qualified to have the skills to do the required work. It is not the intent that senior employees be offered all the opportunities for overtime work.

9. 4 0 The Company will post notice of overtime of more than one (1) hour by the end of the previous day's shift and for overtime of less than one ( 1) hour by 9:00 a.m. of the current day's shift. In no event will employees be required to work overtime unless such notice has been posted unless there Is an emergency or to cover an operational difficulty.

9.11 Any employee working at higher pay rated job than his usual assignment will be paid the higher rate for the time worked at that job.

ARTICLE 10 ·SENIORITY

10.1 Definition of Seniority. "Seniority'' shall mean all service accumulated with the Company.

10.2 New employees will be considered probationary employees for the first sixty (60) days worked of their employment and during their probationary period such employees, who will be entitled to no seniority, may be dismissed or laid off at the sole discretion of the Company without recourse to the grievance or arbitration procedure. At the end of the probationary period, the employee will be entered on the seniority list as of the date of the original hiring. Employees laid off during their probationary period who are recalled within thirty (30) calendar days will retain their original hiring date. If recalled after thirty (30) calendar days, they will start back as a new employee.

1 0.3 All job vacancies shall be posted for five (5) working days and filled by seniority and ability to do the required work. When two or more employees are considered to possess sufficient ability, then seniority will be the governing factor and the Company will not exercise its discretion in an arbitrary or discriminatory manner.

10.4 Seniority List for the Steward. Seniority records shall be maintained by the Company showing the places on the seniority lists of all employees. Seven (7) days after ratification the Company will post the seniority list. Error in the seniority list may be subject to the grievance procedure. These lists shall be

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accessible to the steward of the plant. If more than one employee is hired on the

same day, their names shall be placed on the seniority list in alphabetical order

using their surnames. The Union must be given the seniority list every six (6)

months.

10.5 When Seniority Lost. The seniority of an employee shall be considered

broken, all rights forfeited and the employment terminated and there shall be no

obligation to rehire, when he:

(a) Voluntarily leaves the service of the Company or is dismissed for just

cause or not reinstated through the grievance procedure.

(b) Not being at work for twelve (12) months (except if a worker's

compensation injury and medically related health absences).

(c) Fails to return to work when recalled or cannot be located after

reasonable effort on the part of the Company. Reasonable effort Will

mean sending a letter to the employee via courier and by registered mail

to the employee at the last known address of the employee. If within five

(5) days of the delivery by courier, the employee fails to report to work or

to advise the Company that he will report within five (5) days and fails to

report on the agreed required date, the Company shall be entitled to

assume that the employee has voluntarily left the Company's employ.

(d) Is absent from the Company for two (2) or more working days, and does

not provide just cause for his absence.

10.6 In the event of a layoff due to lack of work, the Company will endeavour to give

the employees affected two (2) days' notice or pay in lieu of. The Union

representative will also be given notice of layoffs.

10.7 Layoffs and recall from layoffs shall be based on both the Company's

assessment of the employee's skill and ability to do the required work and

seniority, provided those employees who remain at work or are recalled, as the

case may be, are qualified and able to perform the duties that are required.

10.8 In the event of a temporary interruption of work schedules, the Company will

make every reasonable attempt to equalize the work available among employees

who are currently performing the same kind of work but it is understood that this

equalization of work will not be applied where special skills and experience are

required, nor shall it apply in the case of part shifts. It is understood that in its

attempt to equalize the available work, the Company will not be bound by Clause

10.7 above.

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10.9 If an employee is absent from work because of illness or accident, he shall not

lose his seniority rights and shall also return to the position held prior to his

absence or to one of equal rating, provided he is capable of performing former

duties and such a position is available. The Company will make reasonable

accommodations barring undue economic hardship. In the case of such absence it shall be the duty of each employee so absent to notify the Company

prior to their departure of the reasons for absence and how long he expects his

absence will last. The Company retains the right to have an outside qualified doctor assess the employee at any time during the leave so long as the

Company agrees to pay for the assessment. The employee will provide the

Company with the doctor's assessment.

ARTICLE 11 ·AUTHORIZED ABSENCE FROM WORK

11.1 Appearance in Court. An employee summoned to appear as a witness by the

Crown or the Company or required to serve jury duty shall be permitted to leave

his job to attend to court. Employees should notify their foreman as soon as

possible after receipt of notice of selection for jury duty or after receipt of the

subpoena as a witness. The Company may require the employee to furnish a certificate of service from an office of the court. The employee will come to work

during those regular hours that he is not required to attend court. The Company

will pay the employee (based on his regular daily wage) for the first five (5) days

of any such attendance.

11.2 Injury Shift Guarantee, An employee injured while working in the plant shall

suffer no loss of earnings for the hours he would have worked but were necessarily lost on the day in which the accident occurs. Amounts received

under workers' compensation for such injury for such time shall be deducted

from benefits due under this section.

11.3 Bereavement Pay. The Company agrees that in the event of bereavement in

the immediate family of an employee as indicated below, the Company shall

allow such time off as specified below and pay the employees for those days at

eight (8) hours daily at their regular hourly rate.

Spouse Son Daughter Father Mother Sister Brother Mother-in-law Father-in-law

not to exceed three (3) scheduled days not to exceed three (3) scheduled days not to exceed three (3) scheduled days not to exceed three (3) scheduled days not to exceed three (3) scheduled days not to exceed three (3) scheduled days not to exceed three (3) scheduled days not to exceed two (2) scheduled days not to exceed two (2) scheduled days

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MAY/04/2009/MON 07:28PM Ryding Regency

Brother-in-law Sister-in-law Grandparents Grandchild

FAX No. 416 766 9167

not to exceed two (2) scheduled days not to exceed two (2) scheduled days not to exceed two (2) scheduled days not to exceed two (2) scheduled days

P. 042

Time as indicated above shall be allowed for the purpose of making funeral arrangements and/or for attendance at the funeral service and/or remembrance service. Appropriate proof of bereavement shall be submitted to the Employer If so requested in connection with any leave. Such request shall only be made for reasonable cause. Employees unable to attend a funeral due to financial and/or geographical considerations shall be entitled to such leave as herein described. Bereavement leave pay is to replace regular scheduled hours lost that cannot be worked due to bereavement or observance of a bereavement service.

11.04 The Company may grant leave of absence without pay to any employee for legitimate reasons. Such permission and request are to be In writing on the standard leave of absence request form, two (2) months in advance, except in an emergency. The Company reply to the request for leave of absence will be given within two (2) weeks of the receipt of the employee's request. When leave of absence is granted, there shall be no loss of seniority. A claim that the Company withheld permission without justification may be the subject of a grievance and processed accordingly. Any leave of absence in excess of one (1) day granted in conjunction with the employee's vacation will be deemed to follow his vacation period. When an employee requests a leave of absence of one (1) day, the Company reply to this request will be given by the end of the next shift.

ARTICLE 12 ·REST PERIODS

12.1 The meal period as referred to in Article 9. 7 shall be scheduled as close to the middle of each shift as is possible. In addition to the meal period, paid rest periods of fifteen ( 15) minutes each shall be scheduled as close to the middle of each half shift as is possible, provided the working time of the shift exceeds two (2) hours. A paid rest period of fifteen (15) minutes shall be granted in overtime at the end of the regular shift provided such overtime is expected to exceed two (2) hours. In overtime additional paid fifteen (15) minute rest periods shall be provided every two (2) hours.

ARTICLE 13 ·BULLETIN BOARDS

13.1 The Company will provide a bulletin board at an appropriate location in the plant for the use of the Union.

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13.2 All notices must be approved and initialed by the Plant Supervisor or his

designate prior to posting.

ARTICLE 14- GOVERNMENT REGULATIONS

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14.1 It is mutually agreed that no demand shall be made by either party to this

Agreement upon the other party, which in any way contravenes laws, orders, or

regulations issued by, or under the authority of, the Government of Canada or

the Government of Ontario, or such agency.

ARTICLE 15 · SAFETY AND CLOTHING

15.1 The Company shall make provisions for the safety and health of the employees

during the hours of their employment. Protective devices and other equipment

deemed necessary and furnished by the Company to protect employees from

injury shall be worn or used by the employee at all times when employees are

working.

15.2 The Company and the Union will obey the Occupational Health & Safety Act ("OHSA").

15.3 The Company and the Union agree to establish a safety committee to deal with

matters pertaining to the safety and health of the employees.

15.4 The Company agrees to ensure an employee is qualified in first aid and to keep

an accurate record of all injuries, time and date. This record to be made

available to the steward.

15.5 The Company will supply launderable outer work clothing, aprons, gloves,

hearing protection, non-prescription safety glasses and rubber boots. A

maximum of four (4) pairs of rubber boots per employee will be provided by the

Company at no cost to employees each year. Rubber boots apply to the Kill

Floor and other areas specified by the Company for the required job. The

Company will make necessary arrangements for the laundering of such apparel.

Such apparel remains the property of the Company and must be returned for

new issue or upon separation of the employee. No such apparel must leave the

building for personal use. If such apparel is lost or stolen, the employee will be

responsible for the cost of replacement. If the apparel is not returned when

employment ceases, for whatever reason, the cost of the items will be deducted

from the employee's final pay.

15.6 The Company will supply at no cost to the employee steels, stones, hooks,

scabbards and knives required for work. If these Items are lost or stolen, it is the

employee's responsibility to pay for the replacement of these items. These items

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must be returned on the last day of work. If not, the cost of the item will be deducted from the employee's final pay. Broken or worn out items will be replaced upon presentation.

P. 044

15.7 Tradesmen or other skilled trade workers shall, upon presentation of required tools broken on the job or worn out required tools, receive replacement.

15.8 The Company agrees to provide lockers and adequate washroom and lunch room facilities.

15.9 The Company agrees to pay each employee who has obtained seniority one hundred and fifty dollars ($150.00) on March 14 of each year to cover the purchase of their own steel toed and shank boots (must be "GSA" approved) and must be required for the job. This one hundred and fifty dollar ($150.00) shall be pro-rated on the basis of one twelfth (1/12) of one hundred and fifty dollars ($150.00) for each month employed prior to March for those who have Jess than one year's service as at March of any year.

ARTICLE 16 ·STRIKES AND LOCKOUTS

16.1 The Company agrees that it will not cause or direct any lockout of its employees and the Union and the employees in the bargaining unit agree that there will be no strikes or other collective action which will stop or interfere with production during the term of this Agreement or any extension thereof.

16.2 Strike and lockout shall have the meaning given those terms in the Labour Relations Act

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ARTICLE 17 ·DURATION OF AGREEMENT

17.1 This Agreement shall be in full force and effect from March 14, 2007 until the

13th day of March, 2008 and thereafter from year to year, unless either party

gives notice in writing of termination or of amendment of not more than ninety

(90) days and not less than thirty (30) days prior to the date of expiration.

17.2 During the period of negotiation resulting from any provisions above, this Agreement shall be in full force and effect.

Signed at Toronto, this -Ci2c day of .Ji[;c'J

FOR RYDING REGENCY MEAT PACKERS LTD.

FOR UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL. UNION LOCAL

1oor_

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MAY/04/2009/MON 07:28 PM Ryding Regency FAX No. 416 766 9167

SCHEDULE "A"

RYOING REGENCY MEAT PACKERS LTD.

Wage Rates

Classiflcatl ons Effective March 14. 2004

Effective March 14. 2005

A. Boners 17.11 Drivers

B. Boners 16.59 Beef Breaker saw Veal Room

Freezer Man 16.07 Beef Trimmer Boning Room

Crader 14.52 Pack Off scale cooler, Rail Trimmer

Shippers 14.00

sanitation 12.97 Offals

Pack Bags 12.45 Palletl:zer Pack Boxes Before scale Pack Off Trim Bin And combo

Kill Floor

First Leg Transfer second Leg Sticker/Scalper splitter

Skinner Hide Puller Eviscerator Knocker/shackler

16.59

16.33

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17.62

17.09

16.55

14.96

14.42

13.36

12.82

17.09

16.82

P. 046

Effective March 14. 2006

18.15

17.60

17.05

15.41

14.85

13.76

13.21

17.60

17.32

MAY/04/2009/MON 07:28PM Ryding Regency FAX No. 416 766 9167 P. 04 7

Neck, Kidney, 16.07 16.55 17.05 Backsteak Removal and low trim

Head Boner 15.81 16.28 16.77 Defatter

Utility 15.30 15.76 16.23

Barn Man 15.04 15.49 15.95 Heads scale scanner Radder Shackler

Offals 12.97 13.36 13.76 Paunch Tripe Trimmer Cleaner vacuum HOt BOX

Maintenance

Electrician 17.11 17.62 18.15 <Non licence>

Maintenance 16.59 17.09 17.60 <Non Licence!

Maintenance Helper 14.49 14.92 15.37 !Non Licence>·

start Rate 10.75 10.75 10.75 Upon completion of probation, the employee's wage shall be advanced to the fUll rate for the class In Which they are employed

summer student Rate 10.00 10.00 10.00

Lead Hands shall be pald a premium of so.so.

Note: The company agrees to reclassifY B Boners to A Boners when qualified.

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Note: Those employees who are currently overrated shall, as long as they continue to remain employed in that Job classification, be red circled and their rates shall also be increased In accordance with any general Increases applicable to other employees.

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SCHEDULE "B"

The benefits are explained further in the descriptive pages.

INSURANCE BENEFITS FOR YOU

LIFE INSURANCE

Amount $20,000.00

This benefit ends on the date you retire, or attain age 70, if earlier.

ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE

Amount Equal to your Life Insurance amount.

This benefit ends on the date· you retire, or attain age 70, if earlier.

HEALTH INSURANCE BENEFITS FOR YOU AND YOUR DEPENDENTS

MEDICARE SUPPLEMENT INSURANCE

P. 049

Note: Not available to any Employee or dependent not entitled to benefits under any

Provincial Medicare Plan or a Federal Government Plan which provides similar benefits.

Benefit Year- September 1" to August 31"\

Insured Percentages and other details

Type 1 - Hospital expenses in your or your Dependent's Province of residence - 100%

without a Deductible.

Daily Limit - semi-private rate.

Type 2 - Prescription Drugs - 75% in excess of the Prescription Deductible.

Type 3 - Extended Health Care -for referrals in item 3 - 80% in excess of the

Deductible and for all other items, other than item 15, including emergencies in item 3 -

100% in excess of the Deductible.

For item 15, the same percentage in excess of the Prescription Deductible, as shown

for Type 2 above, applies.

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Services of a Private Duty Nurse- $25,000 during any 3 consecutive Benefit Years.

Type 4- Extra Care- 100% in excess of the Deductible.

Deductible Nil

Prescription Deductible Nil

Maximum Benefit Unlimited

This benefit ends on the date you retire, or attain age 70, if earlier.

TRAVEL EMERGENCY ASSISTANCE BENEFIT

This benefit applies only while you or your Dependents are insured for the Medicare Supplement Insurance.

DENTAL INSURANCE

Benefit Year- September 1•1to August 31'1•

Insured Percentages and other details

Type A - Preventive Dental Procedures - 75% In excess of the Deductible.

Type B- Basic Dental Procedures- 75% in excess of Deductible.

Suggested Fee Guide The fee guide for general practitioners approved by the Dental Association of your Province of residence and which is current on the date the Eligible Expenses are incurred.

Deductible Nil

Pre-Determination Limit $500

Maximum Benefit

$1,500 per Benefit Year

If you or any of your Dependents' insurance commences in the second half of a Benefit Year, such Maximum Benefit in that Benefit Year, for you or for such Dependent, will be reduced by 50%. This benefit ends on the date you retire, or attain age 70, If earlier.

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SICKNESS AND ACCIDENT (SICK PAY)

During the lifetime of this Agreement, the Company will provide a sickness and accident program covering all employees of the Company who have attained seniority. Under such a program the Company will pay 66 2/3% of regular base pay of forty (40) hours per week, up to the U.f.C. maximum benefit;

After 7 days because of sickness. Payment from first day because of accident. Payment from the first day if hospitalized. Benefits will be paid if necessary to a total of twenty-six (26) weeks.

The Company further agrees to pay all the applicable insurance policy premiums on

behalf of all employees covered by this policy.

*Note• This is an overview of all our insurance policies. The specific terms of each as set out in our employee benefit plan booklet will govern.

SCHEDULE"C"

PAID PLANT HOLIDAYS AND VACATIONS

1. Statutory Holidavs

(a) The following statutory holidays, regardless of the day upon which they fall, shall be paid at the regular rates, subject to the provisions of (c) below: New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.

(b) Employees will be paid eight (8) hours' pay at their regular rates for any of the above holidays not worked, provided the employee works his regular shift on the working day prior to and the working day after the holiday, unless prevented from working due to the Company's request or due to illness or injury confirmed with a doctor's note.

(c) Should it be found necessary for any employee to work on a statutory holiday, the hours worked shall be paid one and a half (1 'h) his regular rate and in addition, the employee shall receive any statutory holiday pay to which he is entitled.

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I


(d)

2.

(a)

(b)

(c)

(d)

(e)

(f)

Probationary employees shall receive statutory holiday pay in accordance with the Employment Standards Act.

Vacation

Vacations will be based on service with the Company computed to July 1st in the year in which the vacation is to be taken.

All employees on the Company's payroll for a period of less than twelve (12) months prior to July 1•t in any year shall be entitled to vacation pay at the rate of 4% of such employee's earnings during the twelve (12) months immediately preceding July 1st in that year in accordance with the Employment Standards Act.

Employees on the Company's payroll as of July 1st in any year who have one (1) year or more of service as of July 1st shall be entitled to two (2) weeks vacation and shall receive as vacation pay an amount equivalent to 4% of such employee's total earnings during the twelve (12) months immediately preceding July 181 in that year_

Employees on the Company's payroll as of July 16t in any year who have

five (5) years or more of service as of July 1•t shall be entitled to three (3) weeks' vacation and shall receive as vacation pay an amount equivalent to 6% of such employee's total earnings during the twelve (12) months immediately preceding July 1st in that year. Employees who have fifteen (15) years or more of service as of July 1•t shall be entitled to four (4) weeks' vacation and shall receive as vacation pay an amount equivalent to 8% of such employee's total earnings during the twelve (12) months immediately preceding July 1st in that year. Employees who have twenty-five (25) years or more of service as of July 1st shall be entitled to five (5) weeks' vacation and shall receive as vacation pay an amount equivalent to 10% of such employee's total earnings during the twelve (12) months immediately preceding July 1•t in that year.

Total earnings shall include regular pay, overtime pay and vacation pay, but exclude Workers' Compensation payments.

An employee who is discharged or quits without notice shall receive, with his last pay before leaving the plant, vacation allowance in accordance with the Provincial Government regulations with respect to the Employment Standards Act. An employee who resigns after giving one (1) week's notice shall re._eive outstanding vacation pay in accordance with his qualifications, i.e., 4%, 6%, 8% or 10%.

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(g) Vacations may be granted at any time subject to the demands of the business but the Company will make a sincere effort to grant vacations at times requested by employees who shall select their vacation prior to February 281

h of each year and the department vacation list shall be posted by March 15th of each year. Holidays scheduled must be taken and cannot be cancelled without just cause or mutual agreement.

(h) Employees shall take their vacations in the year in which they become eligible for it. Vacations shall not be accumulated from year to year.

(I) Employees who have not taken their vacation time off by December 31st in any calendar year wili receive their vacation pay owing in the second fuli week of January.

U) If a paid plant holiday falls within an employee's vacation period, the Company will either allow the employee concerned a compensatory day's holiday with pay or make payment for the holiday.

/js cope-343 0060-08

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MAY/04/2009/MON 07:29PM Ryding Regency FAX No. 4!6 766 9!67

R. Kevin F. Benn Executive Vice-President and Director Manufacturing, Processing and Packing Sector UFCW Local 1 OOOA 70 Creditview Road Woodbridge, ON L4L 9N4

Dear Kevin,

Letter of Understanding

P. 054

In accordance with the agreement reached during collective agreement negotiations, I wish to set out the following understanding,

Re: Emergencies or Urgent Calls

Transmission of information regarding emergencies or urgent calls during time on the line, or while engaged in departmental work will be transmitted to the foreman for furtherance to the individual without delay. The Company recognizes individual's right to leave the building during scheduled breaks, and will endeavour to transmit information on individual's return to their respective department. In addition, the Company would reserve the right to discussion with the individual in the presence of their union representative, should the privilege of Emergencies or Urgent Calls Initiative be abused.

Yours truly,

Joe Petronaci President Ryding Regency

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R. Kevin F. Benn Executive Vice-President and Director Manufacturing, Processing and Packing Sector UFCW Locai1000A 70 Creditview Road Woodbridge, ON L4L 9N4

Dear Kevin,

Letter of Understanding

P. 055

In accordance with the agreement reached during collective agreement negotiations, I wish to set out ths following understanding,

Re: Lead Hands

No lead had shall hire, layoff, suspend, discharge or exercise other discipline or engage in coercion, intimidation or discrimination toward any employee of the Company in the course of their duties.

It shall be their only duty to perform work, provide tutelage and transmit directions from the appropriate supervisor.

Every lead hand shall be advised ofthis duty and so directed.

This letter shall form an integral part of the Collective Agreement.

Yours truly,

Joe Petronaci President Ryding Regency

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