i co i u1 colle·ctive agreement industrial... · article iii union security and dues 3.01 tile...

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COLLE·CTIVE AGREEMENT BETWEEN PAVACO PLASTICS INC. (Hematite Manufacturing Division) Guelph, Ontario - an.d- WORKERS UNlTED CANADA COUNCIL Effective: September 11, 2013 Expiry: September 10,2016 <:) I co I U1 - - -Po U1 <:) <:) co co

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Page 1: I co I U1 COLLE·CTIVE AGREEMENT Industrial... · ARTICLE III UNION SECURITY AND DUES 3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement

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COLLE·CTIVE AGREEMENT

BETWEEN PAVACO PLASTICS INC. (Hematite Manufacturing Division)

Guelph, Ontario

- an.d-

WORKERS UNlTED CANADA COUNCIL

Effective: September 11, 2013 Expiry: September 10,2016

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TABLE OF CONTENTS

Article Page

I Purpose ........ , ..................................... 3

II Recognition ........................................ 3

ill Urrion Security and Dues ..................... 5

IV ManagementRights ............................ 7

V Union Representati-on & Activity ........ 8

VI Strikes and Lockouts .......................... 11

VIr Grievance Procedure ........................... 1 I

VIII Arbitration ........................ _ ................. 14

IX DIscharge and Discipline .................... 14

X Seniority ............................................. 19

XI Job Postings ........................................ 22

Xli Lay-Off and RecalL ........... , ................. 24

xm Transfers .............................................. 25

XIV NotifiC4tion of Lateness & Absence: .... 21

XV Hours of\York .................. .-................ 27

XVI Overtime .. , .......................................... 29

XVII Leaves of Absence .............................. 39

xvm Paid Holidays ..................... _ ............... ,41

XIX Paid Vacations .................................... 42

XX Health and Safety ................................ 45

1

FOR. THE COMPANY

DaLe Zdravkovic Jerry Jean Tanya S'tarr Chris Allan Keith Gilbert

78

FOR THE UNION LOCAL 2508

Chris Hasselman Heather Rankin Hardip Matharu Lynda Chambers PaulAdie BanyFowlie

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Page 3: I co I U1 COLLE·CTIVE AGREEMENT Industrial... · ARTICLE III UNION SECURITY AND DUES 3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement

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LEITER OF UNDERSTANDING

BETWEEN

Workers Ullited Canada COllTI.ciI LOCAL 2508

AND

PAVACO PLJ\STIGS lNe.

Re: Monthly and Year End lnvenlory

The parties agree to the foHowing: .

1.

2.

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4.

TIlat tbe past practice of monthly and year end inventory being perfonned by both Salaried an.d Hourly Employees based 011 a one to one ratio wiII continue \vith the selection of Huurly Employees being made in accordance with Articles 16.02 (b) and 16.02 (h), and That tbe pre-inventory process (Material handling and cIe~ming) wilt be perfonned by Hourly Employees, and That pre-inventory counting will be performed by Salaried and Hourly Employees. Cycle counts and work cell reconciliations will be peliormed by Salaried Employees.

Signed this I01h day ofSeplember, 2013.

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XXII

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XXVI

\Velfure Plans , •. ,., ....... , ........................ 47

Correspondence .. , .... " ......................... 52

GeneniI ....... · .. ··, ....... , ........................... :52

J?ay Cheques ....................................... 54

Wages ... __ ....... _-- .................................. 54

Duration and Termination ................... 55

Schootlle lOA" - Hematite .......... , ....... _ ................. , ...... 57

Letter <lfUnde-~tanding (Scope of Skills) .................. 58 Letter ofUnderstaading (Flex Shift Agreement) ....... 59 Letter ofUnde:rstanding (Facility relocation) ............. 63 Letter ofUnden,-1.anding (Harassment) ....................... 65 Letter ofUaderstandin.g (Steady Shifts) .................... 68 Letter ofUndei"StaTIdin.g (Communicanon/Training Mcctings) ........................ 70 Bulletin re: Extruder Operator Upgrades ................. _ 72 letter of Understanding (Union Education FUIld) ...... 74 Letter of Understanding (Vacaiion Selection) ...... _ ..... 75 Letter of Understanding (Monthly and Year End Inventory) ............................ 77

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Page 4: I co I U1 COLLE·CTIVE AGREEMENT Industrial... · ARTICLE III UNION SECURITY AND DUES 3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement

THIS AGREEMENT Entered inta as of :the LOlli day of September, 2013

BEnVEEN:

PAVACO .PLASTICS INC. (Hematite Manuf.acturing Division) Guelph, Onlario

OF TIlE FIRST PART -and-

Workers United Canada Councjl _OF THE SECOND PART

ARTICLEl PURPOSE

1.01 This agreement 1S eutered into b-y the parti~ hereto in order to provide for orderly coHee/h'e. bargaining relatioIls between the company and its employees.lt is the desire oflxlth parties to co-operate :in maintaining a harmonious relationship between the Company and its employees, and to settle amicably differences or grievances w:hich rna}' arise fTorn time to time hereunde.r in the manlier herei.nafter set out.

1.02. When revisions are requfred during the life oftbis Agreement] due to new work system initiatives, such revisions will be outlined in a Letter of Understanding signed: by the appropriate Company representatIves and no less than three (3) members of the Union Executive Committee along-with the Natlmlal Representative.

ARTICLE II RECOGNITION

2.01 The Companyrecognizes the Union as the sole and exclusive collective bargainiug agent for all employees of the Company in tho City of Guelph] save and except Super.risor.s, Office and Sales staff', Technical staff and

Signed this I Olll Day of June 2013 at Guelph. Ontario

FOR THE COMPANY

Dale Zdravkovlc Jerry Jean Tauya Starr Cluis Allan Keith GHbert

76

FOR THE UNION LOCAL2S08

Chris Hasselman Heather Rankin Haroip Matham Lynda Chambers Paul Adie Barry Fowlie

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LETTER OF lJNDERST ANDING

BETWEEN

PAVACOPLASTICS INC.

Wockers United Canada Council LOCAL 2508

The parties agree as follows:

Vacation se:lection requests must be submitted by March J lSI, and will c-Ontain tbe empJoyee;;;' first, second, and third choices for vacation periods. The vacation selection will be by seniority~ by shift, by cl~ssification subjecl to the Company's righ t to determine th.e number of tbe: employees '\.vbo may be on vacation at any p-oinl ill time; alld~ will be completed and returned to the employee by Apri1301lJ

lflhe tanplo}'ee's first. second, and third-choices are not available. th·e ernplo}'ee will be requested to provide an !lHemate choice and wili have 48 honTS to respond witll his or her choice. Failure to ~--pond wi~bin this timeline -w:ill result ill the vac-ation selection process moving to the next most senior employees until the skipped employee responds. When the employee who was skipped responds, hiKlher vacl:.tion re<::ju.estwill be dealt- with before all the remaining less senior employees who have made thelr requests before March 31 .....

Vacation selection requests made after iVlarch 31 sr will be dealt willl in the older thal they are received (first come, first served basis) after April 30th•

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any students including co-op students employed during school vacation period or work periods.

2,02 Emp loyees excluded from the bargaining unit will be pennitted to do bargaining unil work for the purposes of trouble shooting, training and instruction, set-ups, product and process· development and refinement and research and development, and forfiIliogin on lunch and b.reakperiods, and temporary vacancies when bargaining unit personnel are nol available to perfonn the required \ .... ork.

It is further understood 1hat no bargaining unit employee wi 1/ lose regular hOllTS of work including overtime due to employees exempt from the bargaining unit perfonrung bargaining unit work.

2,03 The Company is c-ommitted to providing continuous employment oppor:11mities for all employees wbile at the same time striving to attain its objective ofremainjng a viable organization in the marketplace.

Considering the facl that outsourcing of pr<>dllction work may be -required in some cases to attroct ond maintain b,lSines-S, the Company will review with the Union) in advance, lUi plans and reas-ons sllm:lUnding a particular

- contract. TIle Union will be given the opportunity to provide inp\lt on these plans, including alternan'r'e suggestions for performing the work. The consultations will take place over a period of 45 days to ;a maximum of 16 bours. The time periods of 45 days and 16 hours may be extended by mutual agreement of/he parties. Should a resolution be reached in less than 45 dayil and/or 16 homs the remammg time period may be waived.

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ARTICLE III UNION SECURITY AND DUES

3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement may be~oflle a memOOi" of the union if the employee wishes to do so and may Te.(rain from becoming a member if the employee so desires.

3.02 The parties agree that tbere will be no intimidiltion, discrimination, interference. restraint or coercion exercised or practiced by either ofthem or theiT representatives or members bec.ause of the employees membership or OOD­

mernbersh.ip in the Union.

3.03 The Union agrees that, ex('-epl as provided in thi.s Agreement, they sha.1 I not distribute or present pamphlets, circul.ars or petitions or other such activities on the Company's property wilhout the approval of the Company's representalive. Such permission will not be unreasonabJy denied.

Workers United Canada Council Local 2508 .sanctioned union business related issued petitions may be circulated on the: Company property provided thal 1ictivity does not inlerrer;:: or disrupt production and/or the operations of the Company.

3.04 (a) The Company agrees that it will deduct such dues as

may be assessed by the Union 0[1 each employee and ",vi.1l remit the money so deducted to the Workers United Canada Council, whose n:ceipt therefore. shall be considered as a -discharge to the Company for [he amount so deducted.

LETTER OF UNDERSTANDING

BETWEEN

PA V ACO PLASTICS IN C. (HEMATITE MANUFACTURING)

AND

Workers United Canada Council

It ~ agreed that effective Septemb er 1 1,2004 that the . Company will make an al.lmlal c01ltribution in the amount of($10OO.OO} one thousand doIIars to Workers United Ontario Council for the Union education fund. This contribution will be made annually on September I I Ill.

Signed this gill day of Augwt. 2007.

ReslgIled this 2911> day ofM.a.y, 2013.

FOR THE COMPaNY

Dale Zdravkoyic Jerry lean Tonya Starr Chris Allan Keith Gilbert

FOR THE UNION LOCAL 2.508

Chris Hasselman Heather Rankin Hardip Matharu Lynda Chambers Paul Adie BanyFowlie

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f f Resigned tIllS 24th day of March, 20 I O. t ~

'" ~ Res.igned this 29~' day of May, 20 I3.

l FOR THE COMPANY

Dale Zdravkovlc Jerry Jean Tonya Slarr Chris Allan Keith Gilbert

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FOR THE UNION LOCAL 2508

Chris Hasselman Heather Rankill Hardip Matharu Lynda Ch.ambers Paul Adie Barry Fowlie

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m (b) Such dues shall be deducted from the employee's pay

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monthly basis for all dues dedlJctoo in the previous IV

montfl. The Company will at tbe tirne of making slIch remittance spediY Ule employees from whose " -. pay such deductions were made. In addition, the 0

3 Company agrees to deduct from new employees who have elected to join Ihe union an initiation fee equal to one (l) mon1hs dues. Union dues will be deducted from day one of empL()yment and such deductions are non-refundable.

(c) The Company agrees to includ.e on the income tax (T4) slips, tile amount ()funion dues paid by each employee during the year beIng reported 00. The Union shaH notifY the Company in writing of .any change in the amount of union dues thirty (30) days prior to the effective date of such change.

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cannot support the union or any oIher trade union m

may a-pply to tbe Union in 'writing, explainiug their (...)

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objection and requesting that their deducted monies m

be forwarded to a registered Canadian charitable (...)

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r·:;--: organization. The letteI' mllstbe supported by '~?~" another member of the religious organization who is :'-:":::':-.

not a family member or a relative and further -;. .. ~.: .? .......

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~t~{:: .. (e) Employees who are on approved Union business

!~ [eave will conlillue (0 be paid their nonnal hourly rate of -pay, this to incl1;lde aU applicable premiums during such leave. The Union agrees to reimburse

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the Company for all payments made to employees on such leave lipan receipt of the COlilpallY's invoice.

ARTICLE JV MANAGE.MENT RlGHTS

4.01 The Union acknowledges that it-is the exclusive fhnction of the Company to:

(a)

(b)

(c)

(d)

(e)

maintain order, discipline, and efficiency, and oQlerwise direct its working forces~

hire, promote. demote, transfer, layoff, suspend, disciplIue or di scharge for proper cause, any employee subject to the right of the employee to submit a grievance;

make, enforoe, and aiter, from 1ime to time reasonable rules and regulations to be obse~'ed by employees. AllY changes or alterations of present rules already in force, as stipulated in Article lX, will be by mutual c.()ns..,~L Any additions to the present rules or new rules will be discussc-.d willi the U3.lion prior to implementation and the Company furtbe.r agrees Lo give any and all input by the Union proper consideration;

manage: tile industrial enterprise in which the Company is engaged, and without restricting the generality of the fcrego ing, to determine the products to be mauUl1lctured, methods of manufacturin 0-

kinds and locations of machines and tools to b~used process of manufacturing, the engineering and ' designing orit's producls, the control ofmalenal and parts io be incorporated in the products produced;

require new employees !:o have medical examinalions at the Company's expense by a

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March 13, 1996

EXTRUDER OPERATOR UPGRADES

The Company hereby gives nonce to all Bargaining Unit employees Ulal effective inl!nediately ~he procedure for upgrading Ex.truder Operators wiIJ change.

Upgrades will not longer be automatic, they will be effective when the Company determines there is a need based on labour requirements.

New p-osltions will be posted per the posting procedure, but upgrades ,Yill be PTocessed though the new procedure. Employees in the classification can request to take the required written and pa-actical tests, but upgrade will not be processed until there is a 11eed. New rate and level change will be effective the date the position is fined, not the date ofwriting and passing the tests.

Employees clIrTently "in the loop" will be allmved to cantin·ue their upgrade through the previollS p~ocedure.

Sue Thwaites

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Signed this 1 Dlh day of Se-ptember, 2Q 13

FOR THE COMPANY

Dale Zdravkovic Jerry Jean TOllya Starr Chris Allan Keith Gilberl

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FOR THE UNION LOCAL 2508

Chris Hassdman Heather Rllllk.ill

Hardip Matharu Lynda Chambers Paul Adie Sarry Fowlie

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physician ormedica1 specialist who will bemutuaII: ?:' agreed to by the employee and the Company; ~

NOTE = AlI employees- may be required to -provide -n medical documents requested by tbeinsurance carriers, or ;; W.S.LB. ~

(f) the Company will pay for aH weekly indemnity or long term disability medical forms requested by Ihe Insurance,company for thesarne j[lness or injury to a maximwn 0[$35.00 per form and .$200.00 per annum.

(g) employ outside contractors to perEonn work in or about theplants. No employee in rhe bargaining unit shan be Jaid off or lose regular hours of work or overtime because a n outside contractor is usoo to perform work that is normaUy perfonned by the employee as per the Scope of Skills. This does not apply to situations where employees are not able to complete t.'1e required work within the appropriate time frame [0 meet production requirements.

4.02 Where Ihe rights, power and authOrl !y itemized above are modified or limited by the terms and provisions ofthis Agreement, they shall only be modified or limited 10 the extent specifically provided for therein. TIle Com pany ~o-rees that it shall not exercise its rights in a manner inconsistent with the express conditions of this Agreement .

ARTICLE V UNION REPRESENTAT10N AND ACT1VITY

S.£H The Company wil! recognize the six (6) Union Ex.ecutive Committee listed below, and nine (9) Union Stewards, ofwbich at least one (I) must be from each of the shifts

Page 10: I co I U1 COLLE·CTIVE AGREEMENT Industrial... · ARTICLE III UNION SECURITY AND DUES 3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement

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)- President }>- Vice President ? Treasurer }> Secretary ~ Sergeant at Arms }> Cbief Steward

The Presid.ent of the Union snaIl h.ave his preference of day shift or remaln on bis/her current shift. The shift selection sbal l be allowed once during hislher telm of office. It may be made either upon appointment 10 [he office or belshe may maintain hislher existing shift and mak.e a selection to change shift once during blslber tenure. After hisrner term the President shall 0"0 back to pjs/her original shift and job lJllless rernainincr

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on current shift: is done through proper collective agr~ent pTocedure.~.

5.02 The Companyrccognizes the right of the Union to select employees who are on theaclive payroll to ~e.rve on the Executive -Committee and as Stewards. The Union will exert every effort to select employees who l'Ire mature and r~pon.sibLe. 'TIle Executive Committee, along with a full­tIme representative oft-he Union. will meet with the Company to discuss matters which arc properly the subject ofnegotianons concerning amendments to the current agreement and proposals for the rene\v-aI and modification of the agreeme:nl

?03 The Ste\\'ards and WSIB Rep may assist employees 10 presenting tbeir complaints and or grievances to the designated representati yes of the Company in accordance with the grievance procedure.s. The Company wilI compensate the Stewards, 'rvsrn Rep and! or membecs of the Executive Committee for time lost during their reolllar and lor off sh~ft \",hen presenting complaints, grievan~ and for attending other Company approved meeting.;;

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LETTER OF UNDERSTANDING

PAVACO PLASTICS INC.

AND Wurkers United. Canada Cmlncil LOCAL 2508

August 23, 200()

The following corrununication/training meetIng shift schedule is agreed to by all p.arties.

The shifts -wi IT be changed as follows for comrllLmicati()n/training meetillgs un less they are not required. 111e GOmmlUlicatioll/haini..u,g meetings wjil occur on Fridays (other than Fridays preceding a long weekend) and attendance at SUGh meetings shall be compUlsory. Fmployees who are wlable to change to lhe corrununicanon/training meeting shift schedule due to eircrunsfanc.es suell as an inability to rearrnnge fumil}' caTe

or transportation, may request authorization from their slJpervisor to be late for their shift. Such atJlhorization will nol be lmreasonably withheld.

Hem if3 wlder operating nlles of within the Flex Shift a.,oreement are not Bpplicable_

Scheduled hours of work for days on which communication/training meetings ~ake place:

Midnight Shift 12:00 am ro 8:00 am 7:30 am to :;::00 am

Day Shift 7:30 am 10 3:30 pm 3:00 pm 10 3:30 pm

Afternoon Shifl3:00 pm 10 11 :00 pm 1O~30 pm to 1 LOO pm

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FOR THE COMPANY

Dale Zdravkovic Jerry Jean Tonya Starr Chris Allan Keith Gilbert

FOR THE UNION LOCAL 2508

Chris Hasselman Heather Rankin Hardip Matharu Lynda Chambers Paul Adie BanyFowlie

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(compensation will be at straight time and include any applicable shift bonus).

5,04 It IS understood that Union Representatives have their regul.arwork to perfoon Oll behalfofthe Company and, if it is necessary to service a grievance during working h011I'S, they will not leave the:ir work without obtaining the penniss"lon of their Supervisor. Such pennission shall Hot be uIHe-asonablywith.held. If they have to go to a department other than Illeir own, they must obtain the pennissioll of tile Supe.rvisor of thal department and noLify them of the reasonstberefore, On ro5l1ming their regular work, they will advjse their Supervisor of their return.

5.DS Employees will be permitted to place calls, using the plant public telephone, to a Dnion Committee member or Steward at their home, when a serious problem arises duringwoTking hours and there is no Union representative pre.;ent, except where there has occurred serious insubordination or an assault or fighting, or where an employee or employees in question an; intoxicated 01-

under the influence of drugs.

For these serio11s problems, the Steward will be permitted to place calls 10 a Union Committee member at th~ir home fur information purposes, after the em ployee has been removed from the premises.

For such purposes, the Company will provid~ the necessary change for local calls, Of, ifnot available, allow the use of the office phone in private, if possible.

5.06 The Company soall provide the Union with information relating to all wri tteu warnings, s·lJspensions, discharges, job po stings, and the results of plant surveys recorded.

This information will be forwarded to Local 2508's Recording Secretary within four (4) days.

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5.07 The Company silall provide bulletin boards for use of the Union at appropriate locations: upon which the Union shall have lheright to post notices of interest to the Union and the employees, after having obtained the Company's approval far the posting of such notice.s.

S'(lB Bargaining Committee Members will be paid their regular wages fOT the purposes of attending negotiations fOT renewal of the -collective agreement. This payment will be made atstraigbt time rates of pay. This pa-yment will be made for all da)-'S spent in pre-negotiati-ons and negotiations fOi up to twel ve meetings.

ARTICLE VI STRIKE-S AND L-OCKOUTS

6.01 TIle Union agrees that there '.-vill be no strikes during ilie term of this Agreement.

6.02 The Company agrees that there shall be no lockout during the term of this AgTeenlent.

6.03 Tne Company shall have the right io discharge or othenvise discipline employees who violate 6.01.

ARTICLE V11 GRIEVANCE PROCEDURE

7.001 The Parties to this Agreement are agreed that it lS of the. utmost importance to adjust complaints and grievances as quickly as possible. Accordingly, no grievance shalt be arDitrable where the circumstances giving rise to it occurred or originated more than fi ve (5) working days before t.'1e !lUng of1he grievance. The five (5) day time limit shall start from the day on whi:ch the employee became aware of the facts giving rise to the grievance. A grim'ance is defined as any difference arisillg OUl of/he interpretatioo, application, {)r viola£1on of fIllS agreement.

11

LEITER OF UNDERSTANDlNG

BETWEEN

PA VACO PLASTICS GROUP

AND

Workers United Canada Council LOCAL 2508

Re: Hematite Manufacturing Steady Shifts

The parties agree to institute a steady shift agreement purs.uant to consultation as provided for in Article J 6.01 of the Collective Agreement.

A survey of employees clearly indicated a desire to go to &teady shifts.

Employees have been slotted into positions according to their classification, senlority and choices.

TIle shifts win be 8 hours in length and be the same hours as contained in the Coli.xtive Agreement

Shift vacancies within a classification shall first bc offered to tho.se within the classifica~ion by seniority prior to being posted.

Ste-ady shifts wiH be implemented al both Hematite June I I, 2000. Sign-ed this 15'~ day ofMay2000 at Guelph, Ontario Resigned this 29rh d3y of May, 20 t3

68

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DaLe Zdravkovic Jerry Jean Tonya Starr Chris Allan Keith Gilbert

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FOR THE UNION LOCAL 2508

Chris Has.selman Heather Rankin Hardip Mruham Lynda Chambers Paul Adie Barry Fowlie

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STEP I It is generolIYllnderstood that an employee shaH give their immediate Supervisor an opportunity to adjust the complaint or grievance. If discussing the matter fails to render a satisfact>ory settlement then the employee with the guidance of a ste\\'ard of their cltoice, if on shift and available~ will reduce tbe: grievance to writing and submit it 10 their immediate supervisor. The Supe:rvisor shalf render their decision wirhin two (2) working dayo. Failing satisfactolY settlement or a respouse from the Supervis.or within the specified time, then:

STEP 2 TIle written grievance will be taken up between the Steward, a member of the Union Cornmiliee and the Group Leader or iii designate witlUn two (2) \vorlUng days. Such meetiugs will take place at 3:30 p.m. or a mutually agreed time. Auyrescheduling oflhis time wiII be with the mutual agreement of both parties. The aggrieved may be present at the request of either party. The Group Leader or a designate shall render fueir decision lvithin two (2) working days. Failing asatisfactol}' settlement or a respoll-se from the Group Leader or a designate within the specified time, then:

STEP 3 The matter may be taken up within four (4) fhll working days between the Union Committee Members and the Human Resource Manager or a designate. The aggrieved may be present at the request of ei ther party. A representative of (he Union may be presen.t at this step at the request of either party. The Human Resource Manager or a designate shall render their de cision in writing within three (3) working days. Any grievance signed offby the

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Union mus.t be signed off by no less than five (S) Executive Members.

STEP 4 Failing satisfact01Y settlement at Step 3 or a reSponse from the Company within the specified time, the grievance may besuqnlltted 10 arbitration. Ifarbirration lS not invoked ,,<ithill a period of twenty (20) working days. the grievBnce win De considered to have been settled or abandoned.

7,03 A Union Policy grievance, a group grievance or a Company grieva~ce may be submitted to the Company or the Union, as the case may be, witbin three (3) working days oflhe circumstances givlng rise ro a grievance. A meeting between the Company and tbe Union shall be held within five {5) working days oflhe presentalion of the v,'I"itten grieYBUce. If the malter is not disposed of at that meeting. the grievance may be submitted to arbitration within twenty (20) days of such meeting and Article VIII shall apply. [t is expressly understood that t"he provisions ofthls paragraph rnay not be used by the Union to bypass any of the p-rovisions stated in clause 7.02.

7.0~ A group grievance is a griewmce by more than one (1) employee where the circumstances giving rise to the grievance are identical.

7.0S It is agreed that all time limits:in l\rticles VII a.nd VIII are mandatory and the only extensions of lime limits \vili be by the Union and Company .. hemselves, noh-Ylthstanclillg the section oflhe Labom Relation.s Act which refers to an Arbitratos's authority on time 1imits .•

,,?ny aud ail time limits fixed by this article Jllay at any ttme be extended by writtcu. agreement betv..reen fue Company and the Uulon.

13

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force against another person that callse{f or co~J!d cause injury. This may also be a statement that is believed t-o be a threat of physical violence against a .... J.otlter worker in the workplace that could cause physical injury.

The Employer agrees t-o develop, jointly wilh th~ Union, a. policy against yiolence and harassment and make all managemenl personnel and employees. aware that violations of the policy shall be subject to disciplinary action. The Employer also agrees to inchlde {be subject of violence and harassment in staff or management training sessions.

In order to ensure the consistent application ofthis policy, It is both the right and tbe responsibility of auy employee who believes that he or she has beell snbject.ed to violence and/or "harassment as defined above to inmlcdiately report such concerns 10 the designated representative. The Company will ad\'ise Lhe designated Union representative of such allegati.on. All allegations will l>e fully investigated in fi. c.()nfidential manner. The complaInant \ViII be advised of the result of the inve-..stigatioll.

Any employee who, as 11 resnlt of a full investi,gation is determined to be in violation ofthis policy maybe sul>ject 1.0 disciplinary action up to and including discharge from employment.

Signed July 20,20] 0

Resigned this 29 th day of May, 2013.

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July 20.20 10

LETTER OF UNDERSTANDING BETWEEN

PA V ACO PLASTICS We. And

\Yorkers Uuitoo Canada Council

Harassment & \Vorkplacc Violence Policy

TIle Union and the Employer believe tbat the Hnmal1 Righis of all employees must be protected so as to e11SllTe

Ulat every 'person is treated ,villi dignity and respect.

No individual sbould suffer from or be exposed to workplace harassment. based upon that person's race, ancestry. place of origin, colour, ethnic origin, citizenship, creed'. sex. sexual orientation, handiC3p, age, record of criminals oft~ses. family. marital or employment 801ms. Harassment is a course of conduct or comment that offeJ.lds or abuses a person on any of the grounds stated above or abillies a person where. such behavior is known or ought to r<!aSonably be known to be offensive and unwelcome.

Sexual harassment is a ps.rtiC:lllarly objectionable type of discriminatory course of conduct or comment which cannot b~ tolerated. as il represents an illnvarrnnted intrusion upon a person's sexual dignity as a man or woman. Sexual haf'assmentIllay take a variety offoons such :as unsolicited or llmve.Jcome gender-based comments, gesture.s and physical contact, or "the control or alteration ofworkillg. conditions so as to coe1"'ce submission to sexual advanres.

No individual should suffer from or be ex.posed to workplace violence. This is an act or attempt of physical

65

ARTICLE VIII ARBITRATION

s.rn In th~ eyent that no accord is reached through the procedure herein provided in Article V 11, the parties shall endeavor to agree upon a single ArbilTator to whom the grievance or grievances shaH be referred for settlement.

8.02 1n the event of failure to agree, after twenly (2.0) days, either party can request the appointment ofan Arbitrator by Ule OlIice of Arbitration for tlJe Provillce of Ontario. The Arbitrator will hear and determine the difference or allegation ane! shall issue a decision and that dec:ision is final and binding upon (he parties and upon the Company and an y employee affected by it

8.03 The Mitralor shall no! be authorized 10 make any decision which is contrary to or inconsistent with the pro·visions ()f the Agreemen t The decision of the Mitrator shall be binding on both parties.

8.04 The compensatioo and expenses of the Arbitrator shaU, io all C.ase8, be borne equaUy vy the. Company and the Union.

8.0S-It is expressly understood [hat the Amitrator shall not bave ]u...ti.sdiction to award interest on any monies payable by virtue of their award.

ARTICLE IX DISCHARGE AND DISCIPLINE

9.01 rfan employee including a probationary employee feels that the employee has been dealt with unfairly, discharged, or disciplined without just cause and the. employee wjshes to Inyoke tbe grievance proce-dure. the employee shall. within five (5) days of receiving a Notice of Discipline or Dischnrge present a grievance in writing

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I to their Supervisol: and the matter shall be dealt with in aCCDrdance with Step 2 and the ba lance of the grievance procedure.

9.02 A discharged or suspended employee shall be given an opportunity to confer privately ·w:ith a union representative oftheir choIce. if a Wlion representative is at work at the time of Notice of Discharge or Suspension and before leaving the plant, unless there is a threat to personnel or property. At this point a union executive member will be notified immediately.

9.Q3 In determining lUly di::;charge or any other disciplinary grievance. the Arbitrator shall have the authority Lo:

(8) affirm the Company's. action and dismiss the grievance.;

(b) set aside Ule pena[ly imposed by1he Campan)' and restore the aggrieved to their former position with or withont compensation; or

(c) vary Of alter the penalty imposed by the Company Dr

make such other detennination as the Arbitrator. in their discretion, may deemjustified.

9,04 The following conduct will result in an employee being disciplined by receiving a verbal warning:

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(a) Unaufhorized absence, excessive tardiness. (Absenteeism and tardiness will be treated as separate issues for disciplinary purposes.)

15

Resigned this 29<11 day of May, 2013.

fUR THE COMPANY

Dale Zdravkovic Jerry Jean Tonya Starr Chris Allan Keith Gilbert

FOR mE UNION LOCAL 1508

Cluis Hasselman Heather Rankrn Hardip Matharu Lynda Chambers Paul Adie Barry Fow lie

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LETTER OF UNDERSTANDING

BETWEEN

PAVACO PLASTICS INC.

AND

Workers United Call8da Council LOCAL 2508

111<: p artie.s agree as f()IIows:

Should a facility owne.d, by Pavaco PLastics Inc. be relocated to another area ofllie Province the Compa.n.y will post a List of potential positions that may be available. Employees may apply for such positio1ls and their applicati011s will be consideTed based on their skill and ability to perfonn the duties associated with the position applied for.

111is pTovlsion shall Doe come effe.cth'e upon ratification of the co llective agreement being negotiated to replace the Collective Agreement due for expiratiOll all September 10, 2007.

Signed this 7th Day of June 200 I at Guelph, Ontario

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(b) Failure to report absence prior to shift start withOLlt re-asonable e:'{cuse;

(c) LeavIug work area before proper time;

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(d) Hara....<:sment of another employee;

(e) Entering 1he plant or Company property at times other Ihan those spe<;j fied. as scbeduled working periods without reporting to th.e Supervisor. This i~cludes entering at the request of the Company or to p1ck up WDges or medical docu.ments or Union related Bctivity and other such permissible reasons;

(1) Careless workmanship or poor productivity;

(g) The use of pro fane or abusive Language toward another employee with intent:

(h) Smoking in prohibited areas;

(i) Creating or contribllting to unsanitary conditions or poor housekeeping not related to product quality;

CD Failure to report a \ .... ork-related injury immediately after occurrence;

(k) Possession of newspapers, mag.azines, persona! radios, food or oeverages (other than beverages in spill proof containers) in production are/lli;

(I) Failure 1.0 rerum Company items;

(m) Failure to wear required. personal protective eqllipmenL (Safety glasses may be removed al the: work station desk while compie1ingproduction paper

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work, in all areas away from the desk glasses must bewom).

9.05 The following condud will result in an employee be-ingdisciplined by a written warning:

(a) Quitting work or leaving the plant before or during regufarly scheduled working hours witbout permission;

(b) Entering areas of the plant other than where 'work 1S assigned, w:itbout pennission or otherjustifiable reasons;

(c) Horseplay, which does not result in personal injury;

{d} failure to observe auy safety rule;

(e) UnaULhorized use of Company telephones;

(f) Borrowing t(}{)Is, equipment or materials belonging to the Compa."lY without permission;

(g) 111e accumulation of1\\'o (2) verbal wamings from Group 1 or from Group II.

9.06 The foJloWing condnC1 will result in an emplo'yee being disciplined by a one «() day suspen.sl()n:

(a) Operating a fmkHft truck 'without lraining and Company certificatton,

(b) Insubordination, including refusal to do work assigned;

(c) Destruction ofpropt:rty of others;

17

FOR THE COMPANY: Dale Zdravkovic Jerry Jean Tonya Starr Chris Allan Keith Gilbert

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FOR THE UNION: Chris Hasselman Heather Rankin Harrop Malharu Lynda Chambers Paul Adie Barry Fowlie

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5) Overtime assignments will be made acc{)cdincr to the employees chosen shift not the employees original"shift.

6) Recall from lay-offwiH be done as per Miele 12.01 of the_ Coile.clive A~ent. The employee will go back to ihelr chosen flex shift structure once all employees related to that agreement are back at ,,,,ork.

7) If any of these operating mles have been broken the employee involved plus the ernploy~s within the arrangement 'wjll go back to a three (3) shift rotation. (Ullle.;,s other arrangements can be made.)

8) rndiv~dual a~geme.nts may be t=inated by any ~ploy~ ll1yolved ill .a.n agre.ement or by th~ Company Wlth one (1) weeks notIce. T1le employee initiatin o tbe termination of ail agree-me.nt will give a reasonabl; e>:pl~:aLioll fOT termination. This will affect all employees \\'lthm the ~greement and the Company will assign the employees mvolved to a shift as per Criteria #1 slated above.

9) The Com~any or the Union wHl terminate all arrangements givw a throe (3) week notice in writing which is posted. A :reasonable explanatioll will be given.

DATED: September 11. 1998

Resigned Ibis 290. day of May, 2013.

61

(el) Falsification ofpeTSonnel, production or other records; ""ith intent

(e) Sleeping during workin.g hours, (other than during lunch hreak, but noL in an operating part of the plant

at any lime);

(f) The accumulation oft\yo (2) '.mLten w.aming.s.

9.07 The following conduct will result in discharge from

employment:

(a)

(b)

(c) (d)

(e)

(1)

(g)

Entering the plaut under the influence ()f intoxicants or narcoti cs and / or possession and I Of the use of the same on Company premises;

Theft of property of the Company or others~

Fighting on Company -property. Striking a supervisor or fcllow worker;

Disc-Io.sure of confidential information to unauthorized persons; The accumulation offoll1" (4) written warnings in a twelve (12) month period;

The accumulation ofhvo (2) suspensions in a t\ve\ve

(12) month period..

9.08 It is understood and agreed that the misconduct identified in Articles 9.04, 9.05, 9.06 and 9 .07 is not a comprehensive list of the misconduct whicI: will resull in discipline or discharge. The Company may lIDpose discipline or discha~ge for just cause in other circumstances as well.

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9.09 It is a_greed th.at twelve (12) montils after being issued that disciplinary report wiH be removed from the employee tile and will be disregarded in reference to any future discipline. No disciplinary record will be rolled back as the result of this removal.

9.10 The Company may substitute a lesser penalty from that which is provided for in this article where in its opinion. the employee bas established sufficient extenuating circumstancP...s. The employee is required to establish sufficient extenuating circumstances within fifteen (15) workillg days from the notice of discipline or discharge.

ARTICLE X SENIORITY

10.01 An employee is cons-ldered on probation until the employee has completed ninety (90) days worked (this will include weekends worked, four (4) hours or more to be considered as a full shift, p!us Paid Holidays),

TIle probationary employee shall acquire seniority after completing the probationary period dated from the most recent date ofJure.

Should a Student. having been hired as Summer help, request to be considered for full-time, permanent employment, their ninl"ty (90) days probationary period shan start with the date of acc:eptan~ into such employment, and b~ compktcd as per the above.

10,(}2 (a) The Company and Union acknowledge and agree that the purpose of the probationary period is to permit the· Company to assess th.e po1ential. capability and general suitl!.biIlty of a new employee for contiuued employment with the Company. The standard which will

19

I) It is agreed that the following must be agreed to by all the following parties, tbe Company. the Union and the employees who are affected.

2) The emplo)'ees involved in creating their flex shift must have equivalent skiH and ab:ili ty in th~ Company's OpiniOll iJ.l order to perform the \york.

3) TIle employee.s involved ill creating their flex shift must ea ch agree to the anangement and be committe.d to it, prior to making there.qnest to the C<lmpany in writing with all those involved signing the request. All three (3) shifts must be covered.

4) ft is at the Company's discretion to approve the request. For any reqnest that is denied a reasonable explanation w'ill be provided. Company approval mllst be given ill writing before 1he shifts are changed.

Operating Rules:

I) The approval to create a flex shiftmusl be given by the employees original Supervisor.;.

2) Probationary employees are not ebgible for this program unless the company agrees to waive tIle eligibility requirement, bu1 not until the probation.ary employee has completed any and aU safety related requirementR.

3) Employees must arrange to attend all fI.."quired meetings as specified by the Company such as Safety meeting.s, short .ifllmtlon training and lnfonnatiOl1 Meetings at no addition:al cost to the Company.

4) The flex shift will be subject to any shift structure change that may be Il.ITIlnged as per Article J 6.01 of the Collective Agreement.

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LETTER OF UNDERSTANDING

BETWEEN

\Yorkers United Cnnada Council LOCAL 25G8

AND

PAVACOPLASTICS INC.

Re: Hematite Mannfacturing Flex-Shift Agreenlent

BACKGROUND

[t is the intentioll of theo Company and the Union Lo

improve \'lorking conditions and productivity by allowina employees to arrange the shifts they work on. This is bei~g done to improve employee's health, reduce absentreism and improve the productivity ofllle plant. It is recognized [hat tbis flexibility to arrange flexible shifts is a privilege and not a right and that it will be manao-ed accordino- to

;:, '" certaill eligibility criteria and rules.

Eligibility Cliteria:

in order for employees to parlicipate in arranging their own shifts, the followin.,g criteria mllstbe met;

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be used for odeciding IVhether the new employee is to be retained as a non-proObationary employee is an assessment of the potential, capability and general suitability of the new employee for continued employment; and,

(b) Wher.:: the Company, at !lIly time during the probation, determines that in its' sale opinion that the probatio-nary employee does not have the potential, capability or general suitability for continued employ- ment, it shall have the right to discharge such probationary employee provided that it does 1101 act i.n bad faith or in a discriminatory manner.

(c) [l is further understood that the probationary employee shall have the right to Union representation from day one of employment including re<:-ourse to the grievance and arbitration procedure,.

10,03(a) s..."'Iliority ,-<!ill be recognized 011 a plant wide basis in all cases.

(b) A seniority list ,vil1 be posted by the Company -for a period of thirty (30) working days within one (1) m?nth after Ule signing of this Agreement. After such postmg, the list shaH become final as to the employee's llames and dRtes designated OD it. except as to auy employee who has dlsputed the accuracy oftheir seniority date, while "the list is posted, in which case, it will be subject to an adjustment und-er the Grievance Procedure if fue date of hire is. in controversy. The seniority list \vill be brought up to date every six. (6) months and two (2) copies will be supplied to Loc-.a12508's Recording Secretary.

10.04 An employee's seniority will be lost and the employee deemed to beterrnlnated if the employee:

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(ll) Quits the employ of the OJmpany for any 11::3S011. [n this case the employee shall have lip (0 24 hour.;; to rescind hjsJher resignation.

(b) Is discharged and is notrernslaled through the Grievance Procedure or Arbitration;

(c) Js laid offfor a period exceeding twenty four (24) consecutive monlhs;

Cd) Fails to return to work -within three (3) working days of being no lifi ed of recall. An employee shall be deemed to be notified of recall on the third (3rd) day following ihe posting of a registered lette.r to that effect] addressed to the employee's most recent address on the Company's files;

NOTE: It shall be the responsibility of the employee to keep the Company infonned of their current address and telephone number.

(e) Fails (0 return to work following the ex.piration of nn authorized leave of absence] unless the reason is satisfactory to the Company or the le.ave of absence bas been utilize.d for purposes other than those for whi ch the leave of absence was granted;

(1) Is absent fOT three (3) consecutive working ~)'S withoutnoti~Jjng the Company or is absent.f<>r this period without a TeaS()ll that is satisfactory to the Company;

(g) Is continuously absent due to illness or injury in excess of twenty- four (24) consecutive months;

(h) Is continuously absent due to a W.S.l.B. inj\.rry in exce.;;s of twenty- foW" (24) c()nsecutiv6 months;

(i) Retires.

21

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LETTER OF UNDERSTANDING

BETWEEN

\Yorkers United CanadR Council LOCAL 2S()8

AND

PA VACO PLASTICS INC.

Re: Scope of Skills

It is agreed between the parties that all classifications which have, or will have a Scope ofSkiHs will be pos.ted on bulletin board .. in the Company_ All Scope ofSkiUs will be npdated as changes occur.

DATED- September tt, 199&

Re-signed this 29~~ day of May, 2013.

FOR THE COMPANY: Dale Zdravkovic Jerry Je.an Tonya Stan Chris Allan KeiUl Gilbert

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fOR THE UNION: Chris Hasse]man Heather Rankin Hardip Matharu Lynda Chambers Paul Adie Barry Fow1ie-

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ARTICLE Xl JOB 'POSTINGS

11.01 Any vac.ancy in ajob classification, in excess of sixty (60) calendar d.ays, and vacancies in newly created positions v)~11 be pos1ed on a Company wide basis for a period ofthree (3) working days.

11.02 (a) In selecting employees for such positions, senior employees shall be given preference where in the Employer's opinion, the present skill, ability and qualification.s ofthe applicants are relatively equal. The posting procedure shaH apply only to the original vacancy and one (1) further vacancy. Vacancies which cannot be filled by this method may be filled by outside hiring.

The successful appli<:ants fm: the classificati()n of Extruder Operator, Vacuum Fomling Operator, Maintenance l'\'fec.hanic, and Electrician will not be eligible to apply for another posting for a period of 6 months.

Except for experience gained. by 11.02 (b). the company will not consider the experience gaiJ:led by an employee who has been temporarily transferrc.d to ajob which would later become a posted. vacancy.

The Company shall only use the criteria as stipulated in Article Xl when selecting the successfi.ll applicant.

(b) \Vhen an employee has a desire: to move from one. classific.ation to another, pri or to any job posting, the employee must submit a request for temporary transfer. Employeereql.lested transfers mllst be in writing and will be valid or referenced for no more than twelye (12) months. This written request must be on the four part form with copies to: the Union, employee, the Company and the Supervisor. Such re quest may enable the employee La

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acquire tbe basic skills necessary 10 qualifY for a posting in that department.

A temporary transfer would only take place if the Company determines the:re is ajob opening. Prior to filling a temporary transfer, the Company will review all reques.ts for temporary transfer and give senior employees; who have requested temporary transfers preference in Ihe selection process.

During the temporary transfer pay will be 8S per article ] 3.03 whethenequested by the employee or the Corr.pany.

(c:) Successful applicants, excluding probationary employees covered under Articles 10.01 and 25.0 1, shall ~elve a trial period with appropriate instruction for up tu thirty (30) working days. During tile trail period the employee- or Company may return the em ployee t() their previous position :if either party chooses. For the Job Classifications of Extruder Operator, VaclJum Forming Operator, Maintenance Mechanic and Eloctrician 1he trial period during whicll the Company may return the employee to their -previous position shall be extended to six (6) mo-nths.

If1he employee is returned to tbeiT original c1assificalion during the trial period, the employec(s) b¢ing bumped b,tck to their original classification w-!ll retum to their original shift and rate of pay and <r domino effectwiU lake place in reverse oruer.

Cd) It is agreed that lfwork is required 011 a shift: fhat has a va-cancy thal has 10 be filled, a temporary or permanent transfer will first be offered to the senior employee in that classification who nonnally perfonns the worl::. This clause is applicable to the 3traight Shiftiug Agreemellt.

23

IN WITNESS WHEREOF e.ach of the parties hereto has caused this a",orecme;nt to be signed by its dcrly authorized representatives as of the JOch dl\y of September 20]J.

FOR TIlE COMPANY: Dale 2qravkovic Jerry Jean Tonya Starr Clms Allan Keith Gilbert

FOR THE UNION: Chris Hasselman Heather Rankin Hardip Matharu Lynda Chambers PanI Adie Barry Fowlie

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attached, e:ffec~ive from mtification of this contract. TIlt:

Co~pany res.erv~ the: righl to increase the rate of pay for any J?? classlficatwl1 m response to C'.hanging economic conditIOns. TIle Union wilE benoti:fied one (1) week prior to any changes to classifications by correspondence to Local 2508's Recording Secrc.tary.

25.02 Wage rates for probationary employees will be 8t

seventy-five ($0.75) per hour below the rates for each classification.

25.03 Shift premium rates shall be thirty-five cents: (~0.35) for the afternoon shift and fifty cents ($0.50) for the ~yeniTIg shitt.

ARTICLE XX"VI DURATION A...i"{D TERMINAT10N

26.cn This agreement shaH be effective from September 11, 20J3, audshalI .continue in full force and effect.. unliI September 10, 20 J 6, and thereafter shall be automa1icaHy r~newed and remain in forre from year to year trom its eXpil)l da~e unless ''lithin lhe period of ninety (90) days bef?re .the. a~me1Jt ceases to ope.rate, ejthec party gives nonce ill V.TIlmg to the olher patty of its desire to barnain with a view to the renewal with orwithoutmodificati~n of the Agreement.

26.02 On receipt of such nOiice, the parties shal! convene 8 meeting at a mutually cOllvenient lime and bargain in good faith to endeavour ~o reach an Agre.emenL

55

. !

(e) The company will not train employees for fhture full time bargaining unit positions until a posting for such position has been made available through the posting procedures.

11.(}3 The Company shall dctermine the timing of all moves appro-y~ 'under this Article based on the needs of the operatiol}s. It is further agreed that this process 'Yill be done ina reasonable amOllnl of time.

ARTICLE XII LAY-OFF AND RECALL

12.01 (a) In an cases of incr-eases or decreases ill the work forc~, senior employees shall be entitled to preference over jlmior employees, (with the exception of employees in grandfatheredjob classifica(cons who are actively working in that classification) within their plant and Shift:. provided that the senior employee has the skill, abili ty and quali fications in the Employer's opinion, to satisfactorily perform the available work without further tmining or experience .

12.01(b) I.n cases of.a layoff an employee shall be allowed to exe·rcise their senioply under this clause tQ bump to the shift. of their preference.

J2.0:2. It is agreed that student and probationary emp loyees will be laid off first.

12.03 Recalls will be made in inverse order oflayoff, subjecl to the recalled employee having the skill, abjlity and qualifications in. the employers opinion to satisfactorily perform the available work without further training or experience. RecaHed employees will be returned lo their original shift and posItion immediately wherever possibIe or by the beginnillg of the next regular scheduled work week.

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Page 26: I co I U1 COLLE·CTIVE AGREEMENT Industrial... · ARTICLE III UNION SECURITY AND DUES 3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement

Ollce employees OD lay off have been recalled those employees shall return to the positions_they held prior to th-e layoff_

12.04 Except for lay-offs due to machiuery breakdowns, fire, flood, power outage and other acts of God, the Company will notilY employees to be laiG offand Union representatives as soon as reasonably possible but at least hventy-four (24) hours in advance of the lay-off: A list of lai d off employees shall be sent ta ~he Local Secretary.

It fS agreed thal the Union Presjde-flt, Vice President and Treasurer will have preferred seniority during their term in offie-e. Tbis applies to lay-offs only.

12.05 An employee wbo bnmps or has bumped a junior employee in accordance with the above shall receive the rale of the classification til at the jl1nior employee is or Vo'as 1vorkiog in.

12.061f, within one year of an employee exercising his seruority to bump inLo another classification in accordance with the above, a job vacancy is posted in his original classification, the employee will be ofiered, by seniority, the opportunity to return tQ his original classification. In this case Article 11.02 (a) will not appJy.

ARTICLE XIII TRANSFERS

13.01 An employee will only be pennanenUy transferred pUl:suant to Actic!r, XI (Job Postings) and Article XII (Lay­offi;).

13.02 The Company \¥ill have therighl to temporarily transfer an employee. If the temporary transferis made to fill a vacan.cy, the transfer shall not exceed nfty-ni~le (59)

25

----_ ..• , ............... .

thTOUgh the Training Advisory Committee prior to the training. It is further agreed !hat no discipline and/or de-motion will occur as a result of the test O\ltcome, Retraining may be required r,s a result.

23.06 For any work unifonns rhat the Company purchases it will seek out and pure.hase union made garments,

ARTICLE XXIV PAY CHEQUES

24.01 (a) Where there occurs a shortage in an employee's pay cheque of fifty dollars ($50.00) gross or more. the Company will rectifY the shorrnge by issuing a separate eheque for the shortage within one (l) day oHIle shortage being reported. Shortages ofless than fifty dollars ($50.00) gross will be rretified by adding the amount owing to the employee's next pay cheque.

(b) Pay cheques will be made available no sooner than start of shift Wednesday for the 4:00 P.M. - 12:00 A.M. shift; Thursday for Ute 12:00 A.M. - 8:00 A,M. sh[ft and Thursday f-or the 8:00 A.M. -4:00 P.M. shift, Notwithstanding the above itis under::tood that pays may be delayed due to the timing of Statutory llolidays and I or situations beyond the Company's control with regards to its payroll service.

(e) Effective on the ratifica.tion date of this contract all new employees win be required to use direct deposit to c(!-eeive their pay.

ARTICLE XXV WAGES

25.01 The minimum rates of pay for job classifications including shiftprerniums are set our in Schedule A

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23.02 The Company shall pay to maintenance employees an annual tool allowance of three hlmdred dollM ($~OO.Q{). Probationary maintenance employees shaH be paId the tooJ aUowance at the completion of their probationary period.

2.3.03 Emp~oyees who are currently classified \vill not be asked to be tested for their Own classification tbat they currently hold.

23.04 Jt is agreed between the parties that a Trainin a

Advis.o~ Committee wm be established by the Co~pany 10 assIst m the development of "h~ Company's trainil.lO' G~~ 0

The Committee will be (:omposed of employees that are actively involved in the training of other employees. Management will consul! with the Committee on the appointment of Trainers.

TIle T~~ning A~visory Committee willllrovide input into the trallllng curncnlum, testing, Scope of Skills and trainee progress. The C?o.mpany will determine employee progress through the trammg progranl and advancement to specific job cla.<;sifications.

1t is agreed that any cha,nges to 'the existing andllor future Scope of Skills will fin;i immediately be giyen to the Union.

23.05 it is agreed bet\veen the parties that for the purposes ofTSl6949 and ]S014001 the Compa1lY call1est to verify L.~e effectiveness of training. It]s also agreed that the method and con tent oftbe trainfng thal will be utilized will be created ilirough conSUltation. discussion and input

53

days without the consent of the employee. [f the temporary transfer LS made to avoid a layoff. and exceeds fifty-nine: (59) days, jtwiIL be deemed to be ~ layoff and the employee will tllen be entitled to exercise his seniority In accordance with Article xn lay-off and Recall.

13.03 Where an employee is or has been temporarily transferred to a position ill another classifi~lion, the employee shall receive the rale of the classification to which the employee.is transferred or their regular rate, whichever is greater.

13.04 No employe<:: sholl be transferred to a position outside ~he bargaining unit "without their consent. Where an employee is transferred to a position outside the bargaining unit, the Company shaH have the right to return tbe transferred employee to the bargaining WIl! and the transferred employee may elect to return to the bargaining unit witbouLloss of seniority any time during a period eqUivalent Lo sixty (60) working ~ys fro~ the date ?f transfer. Upon the expiry of a penod egll1valent to SIXty (60) wOTking days from the date oftTansfer. a transferred employee shall lose aU seniority and if returned to the bargainmg unit, the employee shall return as a new . employ.::e. An extension beyond the sixty (60) working days may be granted with [he joint consent ofthe employee, the Union and the Company.

13.05 Newly hiTed employees s.hall be restricted ~om . transferring to another classification for the duration of the probati-onary period.

13.06 New employees shall not be bired where there are employees on lay-offhav1ng the s~U: abilitya~d . qualifications, 'in tbe Employers OpmlOl1. to sausfactonly perform the available work. -

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ARTICLE XlV NOTIFICATION OF LATENESS AND ABSENCE

14.01 The employeeshaJll"eport all absences by1elepholle to the Supervisor or designate at least nvo (2) hours befoce the corrunencement of1he shift wheneverprnctical.

14.oi The employee shaH report all lateness by telephone to the Supervisor or designate pri or to the comm<::l1cemerrt of the shift wheneverpractical.

ARTICL.E XV HOURS OF WORK

I5.01 TIle: standard work week will be forty (40) hours. Nothing in this agreement shall be construed as a guarantee by the Company of a minimum hours ofwork per week.

g.Q2 Employees :are ex.pected 10 be al their assigned wor1: center at the start of the shift ready to work. Eruployees covered under this Agreement shaH be enlitled to a paid twenty (20) minute lunch {jreak which shall fall between 1he third (3N

) and .fifth (5"') hour of the shift. TIle Supervisor shall d('signate the time to be taken as lunch break.

Employees covered under this agreement shall be entitled to two (2) ten (10) minute paid breaks per shift. Breaks shall be taken within the time perioo.s defmed below:

Sh itt A: Break: l: Beh.veen l:3 0 _AM - 3:00 AM Break 2: Between 5:00 AM- 6:30 A1\.1

Shift. B: Break l: Between 9:30 AM - J 1 :00 AM Break 2: Between 1 :00 PM-2:30 PM

Shift c: Brea.1c 1: Between 5:30 PM-7:00 PM Break 2: Betwe.."n 9:00 PM -lO:30PM

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The employer will pay to the employee lhe full amount -of (J'I

the Ontario Health Ta.lI. as directed by the Government. ~

AR'I:lCLE x..Xll CORRESPONDENCE

22.01 Except 'wherein othen~e pro~ded, a:1Y notice which either party desires or 18 reqmred to gl:e lo t.h.e . other shall be given by prepaid registered mall or counel-

and FAX as follo-ws:

If giyen 00 the Company:

Pavaco P lasties Inc. 659 Speedvale Avenue \Vest Guelph, Ontario N1K lE6

Attention; HWDrn Resources Ma.llager

If given to the Union: Workers United Canada Council

317 Adelade St. West S\lite [005 Toronto~ Ontario M5V lP9 cc: Recording Secretary. Loc-3l2508 By in-house mail

system

ARTICLE X.XIII GENERAL

23.01 The Company :;hall have printed copies ofth~ . Collective Agreement available to all employees wl~n (3) months of ratification. The Company shall prD':lde all probationary employees with a cofPyh.o.f the Collective Agreement within one (I) \voek 0 mng.

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f) Routine treatrnent ,yiII not be more often than once every nine (9) months. This treatment includ·es oral examinations, cleaning teeth and bite-,,,;ng x-rays.

g) Period-onic treatment \.vjlI not be more often tpan ollce every si,,- (6) months to a maximum of eight (8) units per year.

b) fluoride treatffie·nt will be restricted to patients undereighteell (l8) years of age.

21.07 Ontario Hospilallusuranc.e Plan

Basic hospital aud medical (O.H.l.P .).

21.08 An employee is ineligible to receive weekly indemnity benefits and vacation pay at the same lime. The vacation pay period must be scheduled outside the period for which weekly il1demnity ]s being paid.

21.09 Entidement under all)' of the above plans is subject to the spedfic provisions ofthe insurance: policies and pension contract The. Company may select the carrier or carriers of its choice or ma}' ehallge carriers or self-illsure if it sees fit; however, the level of bene fiLs -provided shall be equivalent to all those o11tlined in Article XXI.

21.10 Health Tax

TIle employer agrees to reimbucs.e all employee.;; for the full cost of the Ontario Health Premium. or any similaT premium or tax introduced in the future_ AlI ne,'" empIoyee;> hired after September 10. ?O 1 0 shall be req11ired to bear the c.()sts of any new Ontario Health Premlum or any similar premium OT tax introduced after September 10,20] O.

51

------_ ... __ .. _--

The Supervisor shall designate tile time breaks are taken "'~thin the above periods. subject to production requirements. Lunch periods and b~s must not create equi-pment down time. Employees arG expected to be back in th.eir work cell wi thin the time allocated for each break.

Exceptions to the above break \vindows may result from such. situations as mechanical breakdoVf"IlS and changeovers ,

15.03 When an employee is called back to work after the conclusion of the regular shtft and after Ieaving the Company premises, the employee shall rec~ive a mil\imum of four (4) hours work or four (4) hours pay at one and one- balf (1 lI2) times their regular rate of pay.

'If a maintenance employee IS called in to repair a breakdown the employee will be required to repair the breakdown prior to leaving. lfno other breakdown occurs, which is of an emergency nature, the employee will b~ allowed to leave and! be paid four (4) hours for the call jn nl the applicabIe rate of pay.

The pay rdte for call in on Saturdays., Suudays, S!a(uLory holidays and paid vacation time wiLL be as perartIcie

16.0L

15.04 An employee in the following job classifications, Extrusion Operator A. B, C, Vacuum Forming Operator.A B Material Handler and Maintenance A, B and C, who IS

~ be relieved at the -conclusion of their shift, may be reqllested on a voluntary basis to remain. at their work station until Ielievoo. by the person who IS scheduled to do so, or for a rn.aximum period of sixty (60) minutes.

The Union agrees that employees shall co-operate ln remaiuing al work in these instances.

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Page 30: I co I U1 COLLE·CTIVE AGREEMENT Industrial... · ARTICLE III UNION SECURITY AND DUES 3.01 TIle parties bereto mutually agree that aay employee ofthe employer covered by this agreement

To ensure: continuous production coverage when the voluntary basis has been exhausted withoul results, the Company shall bayo the right to insist. that an employee remains at their work station until relieved by the person \vho is scheduled to do so, or for a maximum pericxl of sixty (60) minutes.

15.05 Where an e:mployee v .... ishes to I.eave Comp3.J'JY premises during tbepaid lunch break desc.rIbed in clause 15.02, the employee shall first obtain permission from their Supe-rvlsor. Souch permission nol to be unreasonably withheld, and shall also clock out wIlen leaving and clock in upon their return.

15.06 TIle Ccmpany agrees to conduct a survey !o determine if the members of the bargaining unit are in favour of changing from fixed shifts 10 a rotatiug shift arrangement. The Company wil t take the results 0 f tbe SUIVCY ullde·r advisemenl and will make a deeision regarding any change taking into consideration the results and all other factors relating to the orderly and efficient operntion of the plant.

ARTICLE XVI OVERT1ME

IG.Ol Ovel1.ime will be paid as follows:

(a) arrer eigbt (8) hours per day at the rate of time and one half (l ~);

(b) all time worked in purs.uant to clause 1 :5.04 a.1 the rale of time and one half (I )/2);

(c) time worked on Saturday at the rate of time and one half (1 y,,));

(d) lime \vorked on Sunday at the rate of double time (2);

29

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e) Termination shall be at tile members' sevenlieili (70th)

birthday.

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(f) No beuefit is payable for the portion of the expense for 10

which reimbursement is provided. by a government plan.

2L06 Dental Benefits

a) Preventative bellefits \\~11 be one hundred percent (100%) relm bnrsPA.

b) Major coverage for crowns, inlays, replacement of same, standard dentures, denture related surgi cal se:rv ices, maintenan;ce of same, accidental injmy to sound natural teeth to a lifetime m~imnm ofOlte thonsand and seven hundred and fiftydollar3($1.,7S0.00) and in addition to such, orthodontic coverage to a lifetime maximum of two thousand 1\.,.0

hundred and fifty dollars ($2,250.00) subject to benefit contrac·! restrictions and 60140 co-payment. Probationary employees are not entitled to tlds coverage during the firstyea.r of employment.

e) The .applicable fee guide is the cmTent fee guld e for the treatment identified by the Canadian Dental Association Procedure Codes.

d) The annual El.la."inUl m claim per pec-sOll is hw thollsand dollars ($2,000.00).

e) Probationary employees are restricted to a maximum of($1,750.00) one Ihousand seven hundred and fifty dollars c()verage. during their firsl year of employ-me.nt.

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m (II) Benefits sholJ bc~ixty-sjx and lwo-toirds percent (e.) time worked on Statutory Holidays as defined

en (66-2/3%) of eamings up 10 .a maximwn monthly

in clause 18.01 at the .-ate of d.ouble time (2) in bene:fit of on e thousand dollars-($ 1,(lOO.OO). addition to the employee being paid for the (.0.)

"-" (b) 11le qua li tying period shan be thirty (30) w~ks. holiday.

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(Q Notwithstanding the above, it is understood 0 (c) Terminatian]s on sixty-fifth (65th) birthday. that hours of work and overtime entitl.ement 3 . ~ay be changed by the provisions provided

.2l.'()S Extended Health Insurance below . :e sixty-

it is understood that any changes to the hours (a) Drug benefits shall be fin;! based 011 Schedule LO~ a of work and rates of overtime -pay will involve thirty-five cents (£0.35) deductible Dnlg PJan with a thirty (30) day consultation process which prescription drugs listed on the Ontario Dmg Benefit will address implementation 0 f changes to the FonnulaIY and second on Schedule 2.0; fOI:" UlOse hours ofwork and rates of pay. The prescription drug$ not covered by Schedule 1.0; a generic consultation process will bem.andatory and any drug fonnuJary will be substituted witl1 a five dollar arrangemenls or agreements arrived at during

percent ($5.0{)) lllaximum dispensing fee deducfible paia by the this process will be by ll:u~al conse~t. The Company. process will involve a mmlmum of eIghty (80)

-----i hours afmeetings during fhe1birty (30) days ar 0 tal to

(b) Vision Care benefits shall be three hUlldred dollars fi shorter time period if an agreement is .p-

s or (£300.00) maximum reimbursemenl which includes

~ched. However failure to reach agreement m 'e:I" is 0..) eligible expenses for examination by an optometrist and

will resutt in the Company ex.ercising its righLs "-" m urance

eye glasses / contact lellSe.s once in every f:'Nenty-four (24) to change Lhe hours of work as per Article IV

0..) months. onhe Collective Agreement "-"

«)

biJity or Children ages one )'ear to twelve years shall be entitled to ,. Fol lowing implementation of any C~3llges to )y

the hours of work. either party can mvoke a ,began the above reimbursement on prescription change up to a review. Such a review shall be in accordance .p-max.imlUIl 0 f two times in a twelve month period. wit~ llie thirty (30) day consllttation process as m

" (5l (c) Supplem.entary hospilal benefits shall be one hundred described above. 0 0

and age percent (100%) reimbursement fOT difterellce between The parties agree that when the Company is (P (g) «) -public ward and semi-private accommodation for each day contemplating cornbin~g ~ny job . ofhospiLaliza!ion .. c1as.sifications. or establtslung new Job ciassifications, that It will utilize the (d) Supplementary health care be-nefits shaH be one consultation pTOceSS as outlined in Article hundred percont (l 00%) rcimbursementfor eligible 16.01 (f). However, fm the pu.rpose of 16.0 1 (g) expenses as prescribed by a physician.

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16.02

the consultation process will be fifteen (15) days and the meeting time \vill be up to (40) forty cours.

(e) . The'lYorking of overtime shall be on a voluntary basis, excepl for clause 15.04 above, when the voluntary basis has be.."'Jl eXhausted without results.

(b) The procedure by which planned overtime win be scheduled will be as follows:

1) A sign-lIP sheet will be posted by Wednesday for employees to sign indicating that they are interested in \"\lorking overtime. The sign-up sheet will stay posted for a minimum of twenty-four (2.4) hours. Failure to sign. up for overtime will mean that overtime w.itt b~ doomoo to haye ~en refused. Employees off work (ie. 1ll, on holidays, elc.) ,yjll directly infonn the day shift slIpervisor by telephone n-o latertban Wednesda.y aI12:00 Pi' .... l UDOn lfthey desire to work planned overtime.

All relevant information WiUl re;:;pect to any restrictions tbe employ~ provides to the company shall also be supplied to the Union by the employee, iOhe employee elects to do so, \vitb respect to this article.

The Company will not modify a job in order to permit employees on light duty OT modified duty to work overtime.

2) Based 011 the employees who have signed the sign up sheets;

i) A selection will be made from employees:

31

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3) Supplementary Hospital 4) Supplementary Health Care

(e) Denial Plan (1) Ontario- Health In;,urance Plan

21.02 Group Life Insurance Plan

'(a) Maxjmum benefit eighteen thousand dollars ($18,000) for all botlrly- rated employees.

(b) Benefits reduced by fiftypercen1 (50'%) at age sixt fi\'e (65).

(c) Terminates at age seventy (70).

21.03 Weekly Indemnity Plan

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(a) Benefits shall be up to sixty-six Blld two-thirds perce; (66-213%) of d earnings with maximum weekly benefits being equal to -Po

t\>.,o-thirds (2f3) of the maximum insurable earnings or m seven hllI1dred and fifty dollars ($750.00) which ever IS ~

~ter in force under tile Canada Employment Insurancf ~ Me. ~

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(b) QnalifYing period is· after three (3) days of disability I

none if disability is due to an hyury caused solely by accident, violent and external means, and disability b eg81 =: within thirty (30) days of the initial injury. ~

o (c) BencfitpeTiod is fifteen (15) weeks but not beyond a~ ~ seventy (70).

21.04 Long-Term DisalJility lnsurallce

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JIoyees. the Ire 'ill be paid pent

work ty gla-sses :lothing °the Jmpany lipment

ill in the ry period )e

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20:U4 In the event that an employee is jrljuroo :in the proper perfonnance of their du ties, that employee shall. to the ex rent that the employee is required to stop work and receive tre.atment, be paid wages for the remainder of their shift . .hl order to re<.~ive.sllch payme.nt. the employee must immecHately re port sllch injury to their Supervisor.

20.05 13.1 the event that an employee is injured on the job and as Ihe result ofsnch injury, the employee is sent home or to a hospital, transponation shaH be supplied by the Compa1Jy.

ARTICLE XXI WELFARE PLANS

21.01 The Company will establJ.sh a benefits committee consisting of members of management, members ofthe Union and rcpresentati\res of the beoefits provider to meet on a regular basis to answer questions or concerns from employees regarding coverage of the benefit plan.

The Company 1¥ill pay one hundred percenl (l 00%) of the cosl of the- beneiits described below for all employees, (except students and part-time employees), wh~ have completed three (3) months of continuous employment. The tenns and conditions upon which such benefits are provided shall be as are stipulated ill the benefit contract between the Company a nd the carner and as described in the employee's Group Benefits Booklet. These benefits are as/olloli's:

(a) Group Life Insurance Plan. (h) Weekly Indemnity Plan (c) Long-Term Disability Plan (d) Exteud.ed Health Insurance

1) Drug BenefIt 2) Vision Care

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a) By classification and, b) By low hours and, c) By their 9wn shift and. d) By seniority if recorded overtime hours are equal.

Assign the overtime and continue ifrequired.

Ii) A selection will be made .from employees who have indicated their willingness to work outside of their class.ification:

(a) By seniority outside classification; (b) By their own shift and; (c) Q uaIified to perfoI1J1 the ",,'ork

Assign tbe overtime and continue ifrequired,

Hi) A selection will be made from employees: a) By c:lassification fTom

off'shift and. b) By low nours_

Assign the overrime ancicontinue if required.

iv) A selection will be made from employees who have indicated their willingness to work outside their cI assification Off-Shift: a.) By seniority and, 0) Qualified. to perroml the

work.

Assiglllhe overtime alld continne ifreqoired.

v) If Ii vacancy still exists In the work area required based on a lack of qualified employees on the sign up

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sneet, employees on !hat shift wW be asked: a) By seniority within the

required Classification on their own shift. then

b) By seniority outside the required ClassificatiOll on their own s.hift.

Assign tlJe overtime.

No employee will ,york sLxteen (16) hoors of overtime in the same calencl.ar day, tmless all other options from the sign-up sheet have bet:n exhaust ed.

(3) fr overtime is available on bofuSatUTday and / or Sunday, employees will be 3cbeduled on their .own shift whenever practical.

(4) Planned overtime will be finalized and posted ThUTSday at 4:00 P.M.

(c) The procedure by which unplanned overtime \vil! be scheduled on the first half of a shlft in which 0. vacancy has occurred will be as follows, (for a full shift the procedure will commence at Oi» j) By asking the employee, in lhe required

dassification, performing the work in that work ce-ll on the current" shift to stay and if more 'than one employee is perfonning tile work then by Tow recorded hours, then ;

ii) By the employee in the classification required. with the lowest hOUIS, then;

iii) By the srnior, employee qualified to perform the ,york.

iY) Employees wilJ be asked once, ifthe employee does not have. a defmiteanswer the company ""rill allow the employee two

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to promot-e safety and ind11Strial hygiene in the plants. It shall make monthly inspoctions of the plal1ls and eqllipment and hold regular monthly meetings. This Committee will act in acc.ordance- with the Occupational Health and Safely Act of Ontalio R.S.O. 1990 in all matters pertaining to the health and safety of employees. Should this legislation be replaced atsome time tile Com'pan)' and Committee ~cjlL implement the mOFe stringent of the nyO lailguages. The employees will be pajd theirreglltar rate fpremium rate of pay for time spent regarding their health and safety d.uties.

1().02 The CompaLlY wiH supply employees with 'work gloves, hearing protection, nOll-prescription safety glasses an-d face masks, v.chere required. The protective cLothing an.d. safety equipment will remain the property of the Company. The Union will C<l-operate with the Company by insisting that employees make use of such equipment faT their safety and protection.

The Company requires that safety glasses are worn in the plant. Employees who complete their probationary period and who require prescription safety glasses will be provided such glasses, at Company expense. from. a supplier selected by the Company_ The maximum Company expense will be $200.00 (inclusive of dispensing fe.e) peT eligible emplo'yee per 2 year p-eriod. The emplcye.e '''ill be able to select the safety frames they desire from a designated. group of such frames as authorized by the Company.

20.03 Safety shoes mllst be worn by all bargaininglmit employees Til all a= of tbe plant during working hOUTS.

The Company will reimburse the employee up to one hUlldred and fifty ($]50.00) dollars for approved safety shoes.

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or receive :ht p~c.ent

velyof lonth

yon the 1 'r.\rhich ion 'he 5 tlie )erday I be paid e ::bday

npally feelS

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dulean :e their lyee who y lIe: to the laS

.{down on year the

Shoufd the Company decide n ot to have an annual vacation shutdown the vacation selection will be done by seniority. by shift. by classification.

(b)The Company will define positions and wage rates by position for work to be conducted during the annual vacation slJ.utd own. EmpLoyees will be. selected from a sign-up sheet based on seniority, by wegerate for the work 10 be penonned during the shutdown period. Employees working outside of (heir classification "ill be paid [he wage rate for the job being perfonned. The employee must be qualifieu to perfonn the work.

(c) Requests for vacation must be in by March 31 51 and responses to vacation requests must be reh.Hned by April 30'b. All reqlle.sts after March 3 I st will be on a n~t come first served basis.

Cd) Afl vacalion requests will be answered within seven (7) working days after sllch request (excluding requests uuder 19.06 c). lfsaid :response is not forthcoming the vacation request ·will be deemed approved.

(e) 1n approving vacati-on req1.1ests under 19.06 (c) and 19.06 (d) above, the Company "vif[ consider employees with the skll1s and abilities to replace employees requesting vacation.

ARTICLE XX HEALTH AND SAFETY

20.01 The Company shall make reasonable provisions for the safe ty and health of employees during \vorking hours. Tht:. Union agrees to assist the Company in maintaining the proper observation of all safety and health mles. The Company and the Unioll will form a Health and Safety Committee composed oftlrree (3) Company and three (3) Union representatives. TIle Committee's function will be

45 (

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hours to respond based on the e lreu rns tan res.

Assign the overtime.

(d) The procedure bywhich unplanned overtime will be scheduled on the second half of a shift in which a vacancy has occurred will be as follows:

i) By asking the employee in the r~~qujred classification pert-onning the·work III that work cell on the upcoming shift to come in early and Ifmare than one employee is performing the work then by low recorded hours. Supervision will ask empLoyees tha t work in the work cell the previous day when scheduHng this overtime.

ii) By the mos.t senIor employee in the classification required. and, employees scheduled to retum to .... vork the next _day ~fo.r any reason) \Viii be called in order OJ senronty.

(iii) By the senior employee qualified to perform work. and employees, scheduled to return to work the next day (for any reason) will be: called in order of seniority.

(e) The Company will maintain up to date records of overtime worked. Examples:

Two (2) hours of overtime at 1.5 x base rate will equal three (3) hours pay and three (3) how'S recorded.

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Right (8) hours of overtime on Saturday at 1.5 X base rale will equaf twelve (2) hours pay and twelve (J 2) hours recorded.

Eight (8) hours of overlime on Sunday at 2 x b.ase rate will equal sixleen (l6) bours pay and slxteen (J 6) hours recorded.

All overtime bours paid to an employee will be recorded. Further, once OV~rne is confinned by the employee verbally for unschedllied overtime or once- the Overtim-e Sched ule is pooted with the employee's name the hours "Will be recorded if the employee works or doesnol work the oVertime.

The records of overtime hours will be zeroed out on January 1, May I and September I of each year.

(1) ~\'hece an error is made by the Company ill assignino overtime as per (b), (c), and (d), tlJe employee will be <:>

compe?8ated with payment on the next pay cheque. Where

th'~I~lFment of overtime is under dispute, the settlement WJ e landled through the grievance procedure.

(g) 1~ ,m employee .does nol want to work unplanned overtime they wIIi ldentify in writing [heir intenti ons to the c?~pany. !he employee can alter these intentions by gl Vtng notice in writing to the Company.

(b) \~en overtime is required ill Shipper/Receiving the follo'r'llng procedure shall be followed at. ail times . fuulfe. 10

35

(1) employees havin.g completed five (5), tell (10) or eighteen (18) years service prior to June 30tll will receive six percent (6%) (for five (5) years ofservice.), eight percent (8%) (for ten. (I 0) years of service) or ten percent (10%) (for eighteen (18) years of service) resptX:tively of Uleir gross earnings for the previous t.welve {12) month period.ending June 30U1 as applicable.

19.03 All employee shall be paid their vacation pay on the cheque Of direct deposit following the day/week in which he vacation is taken. At the end of Jlme, the vac.ation accumulator will be recorded for alt employees. The accumulator will be divided by the number of days the employee is entitled to for vacation fo establish a per day rate of vacation pay entillement. This amount "\\'ill be paid out to each employee on the regular pay day for the vac:ation days taken, one day's accumulator for each day ofvacatioll applied for and taken.

19.()4 An employee leaving the employ of the Company shall be paid the vacation pay to which the employee is entitled from the preceding July tst up to and jncl~lding the-ir laslciay of employment

19.{}S Vacation time is not cumulative and. must be taken by the conclusion of the vacation yeor.

19.06 (a) The Company reserves the right to schedule an annual vacation shutdown and employees shaH take their vacation during the shnt- dO'r'm period. Any employee who is required by the Company to wo rk for emergency reasons shall take their vacation at a time acceptable to the employee and Ule Company. Any employee '''ho nas vacation days in excess of·the annual vacation shutdo\yn shall take such holidays anytime during the vacation year as will be mutually agreeable to i11e Company and the employee.

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19.0.2 (a) An employee having Jess than one (I) year of serVice as of June 30th of eacfl year shall receive vacation pay, in accordance with the provisIons of the Employment Standards Act and the equivalent days vacation.

(b) A.11. employee having more than one (1) bulless than five (5) Ye9TS ofservice v.ith the Company as of June 30th of each year sball be entitled to hyo (2) weeks vac.ation with pay. Payment for tile two (2) weeks of va cation shall be calculated st fhe rate of four p~cent (4%) ofthe employee's gross earnings for the qualifYing period, excluding vacation pay received during the period.

(c) Al1 employee baviug more than five (5) but less Ihan ten (10) years ofservice with the Company as of June 30rh of each year shall be entitled to three (3) weeks vacation with pay. Payment for the three (3) weeks of vacation shall be calcuIate-d at !:he rate of six percent (6%) of the emplo::ee's gTo~ eamiogs for the qua[ifying period, excludmg vacatlOn pay received during the period.

(d) an employee having more than ten (l 0) but less fllan eighteen years of service wifh tile Company as ()f June 30· ... of each year shall be e:n tilled 10 four (4) weeks vacation with pay. Payment for 1he four (4) weeks ofva-calion slial( be calculated at eight pen:ent (&%) oflhe employee's gross eumings for the qualifying period, excluding vacation pay receIved during the period.

(e) an employe.e having more tban ejgh1ecn (18) years of service w:ith the Company as of June 30th of each year shall be entitled to five (5) weeks vacation with pay. Payment for the: five (5) Y'reeks ofv8carion shall be calculated at ten percent (I 0%) of the employee!s gross eanlings for the qualitytng period, excluding ya-cation pay received during the period.

43

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Step l l1t-e shipper/receiver ~haH be offered th~ overtime first The ShipperlRecelver on another ShIft by seniority will then be offered the over Ilme; failing that,

Step 2 overtime.

SLep3

Step 4

Step 5

Step 6

The ShipperlReceiver 'B' shall be offered 1he

The employee on tile shift required, who is qualified to perform the work and who has the lowes! numbcr- of hours of overtim.e.

The employee who is qualified to pe.rform the work-shifts A & C, in order of lowest hours of overtime worked u.ntil all employees are asked.

The employee on shift who holds a valid tow motor license and who has the lowest number of hours of overtime.

By seniority to the. employee \vho holds a valid tow motor license - shifts A & C in order of lowest hours of overtime worked until all employees are asked.

Quali tied means holding a valid to\vmotor licence and having performed the ... "ork to be done previously.

[n the event that aU employees refuse the overtime, the company sbaH have the right to appo inl a ~alaried. employee to perform the work required wxthouthmdrance be it by the grievance procedure or any method of

complaint.

16.03 A Meal Allowance of$5.00 will be paid to employees who work more than two (2) h~urs Of. unscheduled. overtime immediately followmg thelf regular shift. This does not apply to any hours worked on

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Satnr~ays. Sundays or Holidays. The meal ~lIowance will be paId to the employee at the-end oftileinegular shift or before the employee goes on break.

16.04.1f an employee works a Saturday or Sunday and .finds It neces~ary to take time off durillg the Upcoming two.week penod they may apply for a leave of absence equal to the. number of SatIwiays and Sundays worked. TIle SUpervIsor may, subject to operational requirements grant such leave, any such le.u.ves. if granted, will be ou. a first request basis.

16.05 Should .ovenime be scheduloo during the week, Monday ~o Fnciay, employee.s on lllYo:f'fwiU be offered fhe opportlillIty fOT recall to COVer Ille scheduled overtime prior to scheduling employees tor overHme holL."""S. '

In instances of casual absences, employees on layoffmay be o~ered the opportunity to co ver the vacancy prior to worktng other ernployee.s on overtime.

] 6.06 Employees llre eutitled to pay for overtime in accordance with article 16_01 (c) and Cd), however all

employee may choose 10 bank o\'crtime hours to a maxim:un of 40 hours per vacation year sllbject to the Coll~c.tiye Agreement and [he following terms and conmtlons:

Only Saturday and Sunday overtime may be bank.ed Banked overtime hours must be -used in the year in which they are banked (July i-June 30)

~anked hours mt\St be used -in 4- hour lOcrernents (e.g. 4, 8, 12, ... ) R~ncsts and approvals for u.:se of banked hotH'S vnll follow the vacation request and approval procedure

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Canada Day Civic Holiday

BoxmgDay Easter Monday

Throe tloat holidays to beschedule:d between Cluistrnas and New Years.

18.02 The Company ~i11 pay each active employee, who has been employed in the Company for iI:Jre~ (3) months or who has completed their probationary period, eight {8} bours pay at their regular hourly rate for each such holiday p.rovided the employee works their full scheduled shift immediately preceding and immediately following the holiday. An employee will not be disqualified for payment for such holiday if1he employee is absent on either or both the qualifying; days with the pennissiou of the Company or as a r~"'Ult of illness (in which case 8 doctor's certificate will b~ require<i), jury duty, bereavement in the immediate family or a reason satisfactory to the Company.

Paymen.t for Probationary Employees shall be-in accordance with the Ontado Employment Standards Act.

18.03 If anv of the above holidays fall within an employee's' vacation period, the employee shall receive another day offw:ith pay immediately foHowing their vacation.

ARTICLE XIX PAID VACATIONS

19.01 All employees in the active- employment of the Company shaH be entitled to an annual vacation, provided the employee has perronned work for at least thirty (30) c-alendar -days during th~ qualifying period of July I st of the procedin.gyear and June 30th of the c1.1trentyear.

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sha~ present proof of attendance and -the arno unt of pay receIVed.

In the event an employee is subpoenaed to appear as ~ witn~ the ~ployer will pay au employee's lost time up to and mcludmg a two (2) day ma:timum, per year provided proof of attendance has been proyided-

(b) If a.n employee is called for jmy duty. the employee must notify the Shlft Supervisor within "twenty-four (24) hours after receipt ofnoHce of eIex:lion for duty.

17.04 Fregnancy Leave. An employee is entitled 10 an unpaid leave of absence for pregnancy in accordance W1Ul tbeEmployment Standards Act.

17.05 Itis agreed the Company will grant leave of absence to members from the Local to attend union conventions, schools, and / or seminars. In order to 2woid disruption of production, not more than three (3) wilJ be c.hosen per occurrence, of which no more ilian two (2) individuals shall be from the same -shift

17.06 Emergency leave: days as. provided under the Emp1o)"LOent Sf:andards Act will not be dOOl1.1ed. as casual absences.

ARTICLE XVIII PAID HOLIDAYS

18.01 Fo.r the purposes of this Agreem~nl, tbcf-ollowing thi.rteen (13) days will be recognized annually as holidays:

Ne\v Ye<!lJS Day Good Friday Day VictOlia Day

41

LabourDaoy Thanksgivlng

Cb:r:istmas Day

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b)

Unused banked hours will be paid onla-t straight time rates at the end of each vacation year (June 30) Overtime resulting under article 15_03 does nol qlJalify for banking Statutory holidays are exempt for the purposes

of.this article

Non Committed O'l'ernme; Strictly voluntary and applies to both planned and unplanned overtime Only hours worked can be banked Call ins arc exempt from this process Saturday overtime - 8 hours worked can be b-anked as 8 hours or be paid for 12 hours Suuday overtime- 8 hours worked can be banked as 12 hones or be paid for 16 hours Hours can be banked for partial shifts worked (over 4 h-ours) foJ/owing the rules specified

above

Committed 01'erome; Before July I em,ployees may volunteer La

commit to 24 hours of overtime for-the year

This would only be used by the company when n.ot enough volunteers sign up for weekend

overtime Applies to planned overtime only and employees would be notified by 4:00 PM on Thursday of each week Only hours work ed can be banked The company "'YQuld onLy use 8 hours of committed time per weekend The company wouId not use committed overtime for weekends on either end of emp[oyee.s scheduled vacation

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The ·company will only use comm.jttoo overtime for full 8 hour shift requiremen.ts Committed overtimtt shifts will not be used for month end inventory Saturday overtime - 8 hours worked can be banked as 12 hours or be paid for 12 hours Sunday overtime - 8 hours worked can be banked as 16 hours or be paid for 16 hours Hours can be banked for partial shifts worked (over 4 hours) fa Uowing the rules specified above Call ins are exempt from this pro cess

Each employee.must identify in advance any days that they are not available for the company to utilize committed overtime hours

ARTICLE XVII LEAVES OF ABSENCE

11.0.1 PersGDBlLes"Ye. The Compaaymay, at its discretion, grant a leave of absence without pay to employees for personal reasons satismctory to the Company, provided that such leave does not interfere with. the Company's operation. and provided that any request for leave of absence is made in writing at least two (2) weeks prior to the start of such leave, where possible, and the reason for the leave of absence is stated in some detail. The Company will rcspond to such request wIthin five (5) woIking days.

An employee who fails 10 return to work at the expiry of the leave of absence shall be: considered Lo have voluntarily qujt, as s.tipulated in Article 10,04 (e).

17.02 ell.) Bereavement Leave.. Apaid leave ofa~sence of three (3) days will be granted to an employee who has acquired seniority, at regular: hourly rate, who has su:ffered

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the loss of an imrnedia1e member of their family_ The term 'immediate' includes thefollowingme.mbers:

Spouse / Common-Law Spouse Parents / Parents-In-law Brother / Sister Child i Stepchild Step-Paren ts Grandparents Grandchildren Children of Common-La,\' Spouse Parents of Common-Law Spouse Legal Guardian

(ll) An employee will be granted Olle (1) days pay at their regular rate for the loss of:

Brother / Sister-In-Law Son! Daughte.r-In-Law Grandparents-Tn-Law

(c) Itis understood that bereavement leave cannot be oombined with any other right or benefit providing payment for the same day.

NOTE: It is unders!..ood that "in-bw" relationships will be broken by divorce but not deaill of the blood relalive "'i'ho established the "in-law" relationship, unless. and until the "in-law" relative or employee remarries,

1.7.03 Vt) JLU-y:DUty Les1ve. In the eVent an employee is requiroo to serve on a jury and therefore unable to work the regular shift, b.'J..at employee shall be paid the difference between the amount paid for such service and their current straight time hourly rate for such time lost. Employees

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