plate - collective agreement 2015 - revised · collective agreement b e t w e e n ......
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COLLECTIVE AGREEMENT
B E T W E E N
SAMUEL PLATE SALES Division of Samuel, Son & Co. Limited
and
UNITED STEEL WORKERS
Locals 8214 & 2020
Effective
February 1, 2015 To January 31, 2018
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TABLE OF CONTENTS Page
ARTICLE (1) UNION RECOGNITION............................................... 2 ARTICLE (2) NO DISCRIMINATION................................................ 3 ARTICLE (3) MANAGEMENT........................................................... 3 ARTICLE (4) UNION SECURITY...................................................... 4 ARTICLE (5) ADJUSTMENTS OF GRIEVANACES....................... 5 ARTICLE (6) ARBITRATIONS.......................................................... 8 ARTICLE (7) DISCHARGE................................................................ 8 ARTICLE (8) SENIORITY.................................................................. 9 ARTICLE 8.07 JOB POSTINGS......................................................... 12 ARTICLE 8.08 SPARE JOB POSTINGS........................................... 13 ARTICLE (9) LEAVE OF ABSENCE............................................. 16 ARTICLE (10) SAFETY AND HEALTH......................................... 18 ARTICLE (11) PAY ON DAY OF INJURY..................................... 22 ARTICLE (12) BULLETIN BOARDS/OFFICE/CATERING......... 22 ARTICLE (13) UNION REPRESENTATIVES.................................. 23 ARTICLE (14) COMMITTEE PERSONS & STEWARDS.............. 23 ARTICLE (15) HOURS OF WORK AND OVERTIME.................. 24 ARTICLE (16) REPORTING ALLOWANCE.................................. 26 ARTICLE (17) CALL IN PAY........................................................... 26 ARTICLE (18) RELIEF PERIODS................................................... 27 ARTICLE (19) LUNCH PERIODS.................................................... 27 ARTICLE (20) PLANT HOLIDAYS................................................. 27 ARTICLE (21) VACATIONS............................................................. 28 ARTICLE (22) WAGES..................................................................... 31 ARTICLE 22.08 WAGE SCALE.................................................... 33 ARTICLE (23) BENEFITS................................................................. 35 ARTICLE (24) NO STIKE OR LOCK-OUT.................................... 40 ARTICLE (25) BEREAVEMENT..................................................... 40 ARTICLE (26) JURY DUTY AND WITNESS PAY...................... 41 ARTICLE (27) MEAL ALLOWANCE........................................... 42 MEMORANDUM OF SETTLEMENT…………………………. 43 LETTER OF UNDERSTANDING A.......................................... 44 LETTER OF UNDERSTANDING C......................................... 45 LETTER OF UNDERSTANDING D......................................... 46 LETTER OF UNDERSTANDING E......................................... 47 LETTER OF UNDERSTANDING F......................................... 48 LETTER OF UNDERSTANDING G........................................ 49 LETTER OF UNDERSTANDING I.......................................... 50 LETTER OF UNDERSTANDING K........................................... 51 LETTER OF UNDERSTANDING L............................................ 52
P a g e | 2 ARTICLE 1 - UNION RECOGNITION 1.01 The Company recognizes the Union as the sole and exclusive
bargaining agent of all employees of Samuel Plate Sales, in Stoney
Creek and the Greater City of Sudbury, save and except foremen,
persons above the rank of foreman, sales and office staff.
1.02 The terms and conditions set forth in this Agreement shall have full
force and effect for all employees in the bargaining unit as described in
the preceding paragraph.
1.03 Persons whose regular jobs are not included in the bargaining unit shall
not work on any jobs which are included in the bargaining unit except:
(a) For experimental purposes;
(b) To correct faulty operations;
(c) To instruct; and
(d) In emergencies, when no qualified
employee is available.
1.04 The company recognizes that one of the most important aspects of contracting
out is the need to communicate with the Union prior to deciding whether or not
to contract out work. Therefore, the parties agree to meet to discuss jobs that
may need to be contracted out so that each party understands the necessity of it.
P a g e | 3 ARTICLE 2 - NO DISCRIMINATION
2.01 The Company and Union agree that there will be no discrimination,
intimidation, interference, restraint or coercion exercised or practised
upon employees of the Company or any third party by any of its
members or representatives. There will be no Union activity,
solicitation for membership and no meetings on site except with the
prior permission of the Company.
ARTICLE 3 - MANAGEMENT
3.01 It is expressly understood that all rights not specifically covered by this
Agreement shall remain the rights of the Company. The Company shall
not exercise its right to direct the working force in a discriminatory
manner.
3.02 In all cases the Collective Agreement supersedes anything which is
found in the C.W.S. Manual or job description. Furthermore, the
description or classification cannot be used by an employee covered in
this Agreement to refuse to perform only certain described or classified
work. Work that had been traditionally performed would continue to be
performed without it necessarily appearing in the job description.
P a g e | 4 ARTICLE 4 - UNION SECURITY
4.01 It shall be a condition of employment that all employees covered by this
Agreement shall become members of the Union and shall remain
members in good standing during the duration of this Agreement and
any succeeding Agreements between the parties.
4.02 The Company will introduce new hires (students excluded) to the
President or delegate and the Health and Safety Committee of locals
8214 or 2020 whichever is applicable.
The Company will allow one (1) hour for this orientation.
4.03 The Company shall deduct Union dues including, where applicable
initiation fees and assessments on a weekly basis from the wages of
each employee covered by this collective agreement. The amount of
dues shall be calculated in accordance with the Union’s Constitution.
4.04 All dues initiation fees and assessments shall be remitted to the union
forthwith and in any event later than 15 days following the last day of
the month in which the remittance was deducted. The remittance shall
be sent to the International Secretary Treasurer of the United
Steelworkers of America, AFL-CIO-CLC. P.O. Box 13083 Postal
Station “A” Toronto, Ontario M5W 1V7 in such form as shall be
directed by the Union to the Company along with a completed Dues
remittance Form R115. A copy of the Dues remittance Form R115 will
also be sent to the Union office designated by the Area Coordinator
4.05 The remittance and the R115 form shall be accompanied by a statement
containing the following information:
a) A list of names of all the employees from whom dues were
deducted and the amount of the deducted
b) A list of names of all the employees from whom no deductions
have been made and reasons.
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c) This information shall be sent to both Union addresses
identified in article .02 in such form as shall be directed by the
union and the company.
4.06 The Union shall indemnify and save the Company harmless against all
claims or other forms of liability that may arise out of any actions taken
by the Company in compliance with this article.
4.07 The Company, when preparing T-4 slips for the employees will enter the
amount of Union dues paid by the employee during the previous year.
4.08 In the event that the Company is found to have violated the provisions
of this article by an arbitrator appointed pursuant to this collective
agreement, all costs of the arbitrator and disbursements shall be born
exclusively by the Company. Further, if the company is found by an
arbitrator not to have remitted union dues in accordance with this
article, the Company shall pay a specific penalty in addition to such
other remedy as may be ordered by the arbitrator. The penalty shall be
a payment in an amount equivalent to the amount in dues monies that
was not paid or paid late in violation of this article as found by the
arbitrator. The penalty shall be paid to the Union’s International
Secretary.
ARTICLE 5 - ADJUSTMENT OF GRIEVANCES
5.01 The purpose of this section is to establish a procedure for discussion,
processing and settlement of grievances as defined in Clause 5.02 of
this Article.
5.02 "Grievance" shall mean a complaint or claim concerning unjust
discharge, or involving discharge, or involving any matter relating to
wages, hours or working conditions, including questions or
interpretation or application of, or compliance with, the provisions of
this Agreement.
P a g e | 6 A grievance filed pursuant to this Article shall state the particulars of
the grievance and remedy sought.
5.03 It shall be optional to the Company to decline to consider any
grievance, the alleged circumstances of which originated or occurred
more than ten (10) calendar days prior to its presentation. When an
alleged grievance is of such a nature that the employee concerned
would not have been aware of its alleged occurrence at the actual date,
the grievance shall be deemed to have occurred on the first date of
which the employee could have had such awareness.
5.04 Grievance
Any employee who believes that he/she has a justifiable request or
complaint may discuss the claim or complaint with his/her supervisor,
with the Grievance Committee person present, if requested. The
supervisor shall state his/her decision within one (1) working day, or a
time mutually agreed upon.
5.05 Step No. 1
If the matter has not been settled, the complaint or grievance must be
presented in writing to the supervisor and signed by the employee(s)
and Steward concerned. This step of the procedure is to be processed
within five (5) working days and decision rendered in writing by the
supervisor within three (3) working days.
5.06 Step No. 2
Should the employee be dissatisfied with the supervisor's reply to the
grievance, he/she may, within five (5) working days, refer such matter
to the Superintendent. The Superintendent and/or the supervisor shall
meet, if necessary, with the grievor and his/her Committee person. The
Superintendent shall then answer the grievance in writing within five
(5) working days, or a time mutually agreed upon.
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5.07 Step No. 3
If no settlement is reached at Step No. 2 within five (5) working days,
the Grievance Committee, not exceeding three, in number (3), and
representatives of management will meet to discuss the grievance
within five (5) working days, or at a time mutually agreed upon. The
decision will be rendered in writing within five (5) working days. The
Union's representative may be in attendance at this meeting. If the
grievance is not settled then, at the request of either party to this
Agreement, the grievance may be referred to arbitration within thirty
(30) days of receipt of this decision.
5.08 The Union shall have the right to initiate a group grievance at Step No.
2 or a grievance of a general nature, which affects all employees, at
Step No. 3 of the Grievance Procedure.
5.09 Any written grievance or reply to a written grievance which is not
processed within the time limits shall be settled in favour of the party
that is not in default of the time limits. Any grievance awarded by this
process of time limitations shall not be considered precedent setting in
any manner and shall not be used in evidence with regard to supporting
further grievances. However, any time limits set forth in this Article
may be extended by mutual agreement between the Company and the
Union. Subsection 44(6) of the Ontario Labour Relations Act shall not
apply to these time limits.
P a g e | 8 ARTICLE 6 - ARBITRATIONS
6.01 Where a difference arises between the parties relating to the
interpretation, application or administration of this Agreement
including any questions as to whether a matter is arbitratable, or where
an allegation is made that this Agreement has been violated, either of
the parties may, after exhausting any grievance procedure established
by this Agreement, notify the other party in writing of its desire to
submit the difference of allegation to arbitration.
6.02 The matter shall then be referred to a single arbitrator, who shall be
mutually agreed upon. In the event of failure of the parties, within
thirty (30) days, to agree on an arbitrator, the appointment shall be
made by the Minister of Labour for Ontario upon the request of either
party. The expenses of the arbitrator shall be jointly borne by the
parties.
ARTICLE 7 - DISCHARGE
7.01 A claim by an employee, with seniority, that he/she has been discharged
without just cause will be treated as a grievance if a written statement of
the grievance is lodged with management within three (3) working days
after notification in writing of the discharge. A discharged employee
may interview the Steward for a reasonable period of time, if he/she so
requests, before leaving the Company's premises. The preliminary
steps of the grievance procedure shall be eliminated in such cases, and
discussion of the grievance shall commence at the grievance committee
level (Step No. 3). The Union shall be notified in writing immediately
of all cases of discharge.
7.02 Such a grievance may be resolved by confirming the Company's action
in discharging the employee, or by reinstating the employee with full
compensation for time lost, or by any other arrangement which is
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considered just and equitable in the opinion of the parties of the
Arbitrator to which the matter is referred.
7.03 The Company and the Union agree that disciplinary penalties shall not
be imposed unnecessarily or unjustly. Employees will be disciplined in
the presence of a Steward. Disciplinary notices shall be in triplicate;
one for the employee being disciplined; one copy for the Union; and
one copy for the Company. The Steward shall sign the Company's copy
only for the purpose he/she has read same. If, after a reasonable period
of time has passed (6 months for minor infractions and 12 months for
major infractions), and with no recorded offences, the employee's
record shall be considered clear.
ARTICLE 8 - SENIORITY
8.01 The parties recognize that job opportunity and security shall increase in
proportion to length of service and qualifications. It is therefore agreed
that in all cases of vacancy, promotion, transfer, lay-off and rehiring
after lay-off, senior qualified employees shall be entitled to preference.
If the vacancy or permanent newly created position is not filled as a
result of a posting, or if no suitable applicants are received, the
employer reserves the right to hire.
8.02 In recognition of the responsibility of management for the efficient
operations of the plant, it is understood and agreed that in all cases
Management shall have the right to pass over any employee if it
establishes that he/she does not have the ability to perform the work or
has not performed to standard on his/her present or last successful bid
job. If a dispute arises as to his/her ability to perform the work, he/she
shall be given a trial period as specified in Clause 8.07(c). It is
expressly understood that this does not apply in cases of bumping due
to lay-off.
P a g e | 10 8.03 Seniority of each employee covered by this Agreement shall be
established after a probationary period of sixty (60) days worked and
completed within ninety (90) working days and shall count from date of
employment. Seniority shall be accumulated and maintained within the
following divisions:
1) Sudbury Local 2020
2) Stoney Creek Local 8214
An employee may only use such seniority provisions within his own division.
8.04 Seniority shall be maintained and accumulated during:
(a) absence due to lay-off;
(b) sickness and accident; and
(c) authorized leave of absence.
8.05 An employee shall lose his/her seniority standing and his/her name shall
be removed from the seniority list for any one of the following reasons:
1) If the employee voluntarily quits;
2) If the employee is discharged for proper cause and is not reinstated in
accordance with the provisions of this Agreement;
3) If the employee is laid off and fails to return to work within five (5)
working days after he/she has been notified to do so by the Company by
registered mail to his/her last known address. A copy of such notice
shall be sent to the Union;
4) If absent for three (3) consecutive working days without notifying the
Company, unless having legitimate reasons for not doing so;
5) If an employee less than (1) year's service has been off the active
payroll of the Company for a period of six (6) months. In the case of an
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employee with one (1) year of service, this shall be extended to twelve
(12) months. In the case of an employee with two (2) years or more of
service, this will be extended to two (2) years;
6) If an employee is transferred out of the bargaining unit and returns to
the bargaining unit within a six (6) month period from the time of
his/her leaving the unit, he/she will return to his/her former job with no
loss of seniority. If the employee returns after a period of six (6)
months but less than one (1) year, the employee will return to the job of
Labourer with full seniority.
Such employee shall pay Union Dues for the first six (6) months after
he/she has left the bargaining unit.
8.05 (a) Employees on W.S.I.B. L.T.D. or Short Term Disability will retain
benefits and have seniority continue (except due to lack of work) based
on service as follows:
Less than 1 year
6 months;
One year or more, but less than 2 year
1 year;
Two years or more, but less than 5 years
2 years;
Five years or more, but less than 10 years
4 years;
Ten years or more, but less than 15 years
6 years;
Fifteen years or more, but less than 20 years
10 years;
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Twenty years or more until age 65.
Further, an employee may subsequently utilize his/her full seniority,
accumulated to time of cut-off, to return as a labourer. He/she may then
use his/her seniority to apply to postings.
8.06 The Company shall maintain seniority lists for each division and shall
issue at least quarterly. Detailed seniority lists showing address, job
title, etc., shall be issued in June and December. Copies of seniority
lists shall be provided to the Union.
8.07 Job Postings
(a) Notices of all vacancies and newly created jobs shall be posted
on the Union bulletin board for a period of three (3) full
working days. Employees wishing to bid for such job shall
signify their desire by completing an application for the job
posting. The applicant shall be selected in accordance with the
provisions of Clauses 8.01 and 8.02 above.
In the event a successful applicant of a job posting declines or is
not successful in qualifying for the job and returns to his/her
previous job, the next senior applicant will be awarded that
posting.
(b) Employees performing work on jobs related to the job vacancy
may not be given consideration if they have received a written
warning because of poor workmanship on the related job in the
past six (6) months.
(c) Employees accepted by the Company on a posted job who fail
to qualify after a maximum of ten (10) working days trial
period, shall be extended an additional five (5) days at the
request of either party if there remains a doubt of the applicant's
ability to do the job, depending upon the operation, shall be
returned to his/her former job unless during such period a
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reduction in the work force has taken place which would have
affected the employee. In such case, he/she shall be moved to a
job in accordance with his/her seniority for which the
employee is qualified to perform the work.
(d) Employees shall not be allowed to bid laterally or down more
than once per year unless such posting is to or from a steady
shift. If an employee posts to a higher job and voluntarily
resigns they cannot post to the same job for a period of 6
calendar months.
Employee voluntarily resigning a job must do so in writing.
They will be reassigned when a qualified employee is available
or a candidate from a posting has been selected and trained for
said job.
8.08 Spare Job Posting
1. The purpose of the Company’s spare job system is as follows
(a) To fill vacancies for vacations, leave-of-absence, sickness,
accidents and where the incumbent employee is not available.
(b) To provide training and potential for advancement.
2. The following will apply in so far as it is practicable for the
Company to do so, consistent with the efficient operation and
production of the Plant.
(a) The senior applicant shall be awarded the position of the Spare
Job.
(b) The successful applicant will be trained consistent with Article
8.07. Upon completion of the training, such applicant will be
returned to his previous job.
(c) No employee qualified as a spare can hold more than one spare
position at anytime.
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(d) When a scratch vacancy occurs the Company will fill the job
vacancy with any qualified employee available as long as no
overtime is incurred. First preference will be given to the spare
if he is on shift and available.
(e) There will be two (2) spare positions for all jobs Group (2) and
above with up to four (4) spare positions for each job in
Warehouseman, Cranes and Burner Operator. The Company
agrees to provide the Union with an updated list of all the
incumbent employees in each job as well as the Spare for each
job as soon as possible, and thereafter every three months.
(f) An employee who is qualified as a spare and is assigned to his
spare position will return to his previously held job in his
department when his assignment is complete. Provided the
employee’s seniority allows for such displacement.
3. A qualified employee is an employee who has:
I. Worked on a job through a permanent posting.
II. Worked on the job as a spare.
III. Holds or has held or is capable to train and obtain a valid
license or certificate.
4.(a) The Parties agree if an employee resigns from a spare position,
he will not be allowed to apply for that particular job for a
period of six months from the date of resignation. The Company
shall have the option to use an employee who had resigned
under the provision of this article for the period of (30) calendar
days from the day of resignation. The Company will repost the
position within 30 calendar if the need arises
(b) The Company agrees to utilize all Spare employees in a fair and
equitable manner in the assignment of a spare job position and
agrees to utilize the senior spare first whenever possible.
P a g e | 15 8.09 Lay-off Procedure
When it becomes necessary to reduce the working force, employees will
be taken out of their job class by virtue of plant seniority, i.e. lower
employees will be displaced first.
Company will provide dental and medical coverage for 4 weeks from
the date an employee is laid off.
8.10 Employees displaced by a reduction of the work force may displace or
bump employees with less seniority in the plant provided the senior
employee can satisfactorily perform the work, the employee shall be
able to bump downwards, laterally and upward.
It is expressly understood that in cases of bumping due to lay-off, a one-
time familiarization period of five (5) working days will be given; if an
employee had held the position at any time in the past, the company
agrees as part of the familiarization they will train the employee on the
changes or modification that have occurred since they last performed
the job. Should he/she be unable to perform the job, he/she will be laid
off.
8.11 Lay-offs will be by plant seniority, i.e. lower seniority employees will
be laid off first.
Employees with seniority may accept a lay-off rather than displace
junior employees. If an employee accepts a lay-off rather than a
displacement, he/she will maintain his/her rights for his/her job in
accordance with Article 8, Clause 5. When work is available in his/her
job class, he/she will be recalled providing senior employees who can
satisfactorily perform the work are not on lay-off. An employee
accepting this option will sign a memo indicating his/her intention at
time of lay-off
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8.12 Employees displacing junior employees will maintain their right to return
to their job from which they were displaced when work resumes.
8.13 Employees displaced by a reduction of work may bid on any job that is
posted, however, if the bid is successful to a permanent job, the employee
will lose his/her rights to his/her previously held job.
8.14 The parties will meet and discuss any new jobs that become effective during
the life of this Agreement. Failing a satisfactory settlement of the rate of
pay for the new job, the rate of pay may be processed as a grievance
commencing at Step 3 of the Grievance Procedure. The Company will
endeavour to discuss such new jobs prior to them becoming effective.
8.15 It is agreed that the President, will be offered steady days if agreed by both
parties of Local 8214 and the Plant Chairperson of Local 2020 will be
credited with the highest seniority during their respective terms of office
and will be retained by the company in the event of a layoff as long as they
are qualified and willing to perform the work.
8.15 This Article will be amended as follows: “In the event of a layoff of an
employee with seniority the Company will give the employee and the
Union five (5) working days notice of layoff or pay in lieu thereof to the
employee”
ARTICLE 9 - LEAVE OF ABSENCE
9.01 Personal Reasons
An employee shall be allowed up to thirty (30) days leave of absence
without pay for personal reasons if:
(a) he/she requests it in writing from
Management; and
(b) the leave is for good reason and does not
interfere unduly with operations except
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in emergency situations when leave shall
be granted in any event.
9.02 A leave of absence may be extended for an additional thirty (30) day
period if there is a good reason and Management approves. The
employee must request the extension in writing before his/her original
thirty (30) day leave is up.
9.03 The Union will be notified of all leaves granted under this section.
9.04 Leave to Attend Union Conventions
Up to three (3) employees who have been elected or appointed by the
Union to attend Union conventions or conferences shall be granted a
leave of absence, without pay, for this purpose. The Union will inform
the Company of the names of the delegates. One employee shall be
granted leave from Local Union 2020.
9.05 Leaves of absence for the purpose of extending vacations for a period of
up to two (2) weeks will be granted to one employee on the basis of
seniority in each location between June 15th and September 15th in
each year.
Such request must be made in writing to the Company prior to February
1st of the year in which the request is made.
9.06 The Company will grant Local 8214, subject to operational needs, an
education leave of fifteen (15) days with pay in each calendar year.
Such leave shall not be unreasonably or arbitrarily withheld.
Local Union 2020 will be granted an educational leave of five (5) days
with pay in each calendar year.
9.07 Upon written application, the Company will grant subject to operational
needs, to one employee once per contract period, an unpaid leave of
absence to work in an official capacity for the International Union or
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his/her amalgamated local union. Such leave to be not less than 60
calendar days and not more than 2 years. The employee will be solely
responsible for benefit costs during his absence (including pension cost
if applicable). Such costs of benefits will be paid to the Company.
Further, the seniority and pension credits of an employee who is granted
a leave under this Letter shall continue to accrue.
ARTICLE 10 - SAFETY AND HEALTH
10.01 The Company is committed to the health and safety of its employees.
Protective devices and other equipment deemed necessary to properly
protect employees from injury shall be supplied by the Company.
10.02 The Union agrees to support the use of all safety devices provided and
to co-operate with the Company in the elimination of all industrial
accidents.
10.03 The Company shall supply boots up to the value of one hundred & fifty
dollars ($150.00) per calendar year to each employee as of date of
ratification. New employees will be reimbursed for the full cost of the
first pair of safety boots up to one hundred & fifty dollars ($150.00),
however, if the new employee does not successfully complete the
probationary period, the full cost up to one hundred & fifty dollars
($150.00) will be deducted from the employee's final earnings. An
additional allowance up to one hundred and fifty dollars ($150.00) per
year will be allowed for regular outside workers, maintenance
personnel, and shunters when new winter safety boots are required.
10.04 Items supplied by the Company shall remain the property of the
Company and except with permission shall not be removed from the
Company's premises and must be returned. Items not returned will be
paid for by the employee.
P a g e | 19 10.05 The Company shall supply protective clothing against the weather for
those employees required to work in unsheltered areas as is the present
practice.
Employees who are normally inside workers and are requested to work
out of doors during the winter months, will be provided (in inclement
weather) with overshoes and/or jacket as required for that shift and
further shifts if assignment is temporary.
Each contract year, Local 2020 will be provided with one (1) heavy
winter parka and one (1) pair of galoshes or rubbers to fit over safety
boots.
10.06 The Company will supply gloves on an EXCHANGE basis up to a
maximum of one pair bi-weekly (once every two weeks) or as required.
10.07 The Company will continue to provide coveralls on an exchange basis
to maintenance employees.
The Company agrees to increase the tool allowance to $500.00 per year
provided that receipts are submitted and are for the purchase of tools
required to perform his duties. If, in the event of a break in or if
evidence of a major theft exists, the company agrees to work with the
specific employee to replace their tools within a reasonable limit.
Maintenance employees and mechanics who are required to provide
their own tools will be covered by insurance provided for by the
Company in the loss by theft on Company property for an amount up to
$1,500.00.
10.08 The Company agrees to recognize the Joint Environmental Health &
Safety committee. The Company and the Union desire and agree to
maintain high standards of safety and health in the plant, and to co-
operate in the continuing objective of eliminating safety and health
hazards in order to prevent industrial injury and illness.
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The parties agree to establish a Safety Committee composed of three (3)
members from the bargaining unit and three (3) members from
management for Stoney Creek and two (2) members from the
bargaining unit and two (2) members from management for Sudbury.
The Joint Safety Committee will hold regular monthly meetings and
take up such matters as may be brought forth by either the Union or
Company committee. The meeting may be cancelled at the agreed
discretion of the co-chairs.
Each committee shall advise the other committee before the meeting of
the items it wishes to take up. Minutes of all safety meetings will be
maintained and distributed to the Committee members.
Regular inspection of the plant or plants and property of the employer
shall be made for the purpose of observing housekeeping in the plant,
and to seek out unsafe conditions, or practices with the view to
correcting them. A written report of the findings of the Joint
Committee shall be compiled, and special attention shall be given to
repeat items. Copies of the report will be made available to the
Committee members.
Lost time accidents will be investigated promptly and covered by a
written report with suggestions that could eliminate successive lost time
accidents. The company and the Union agree to comply with the latest
version of the Occupational Health and Safety Act and Regulations.
The Joint Health and Safety Committee will be co-chaired by two
members, one of whom shall be selected by the members who represent
the bargaining unit members and the other of whom shall be selected by
the members who exercise managerial functions.
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Employment of Workers with Disabilities
The Employer agrees that a Joint "Accommodation Committee" with
equal representation of Union and Management members will be
structured to discuss the accommodation of employees with disabilities
in the workplace.
The Joint Accommodation Committee (which is made up of JH & SC
members) will meet to discuss the return to work and accommodations
required for the workers who have been absent due to occupational or
non-occupational illness or injury. The Committee will follow the
Samuel Modified Work & Rehabilitation program. This program will
be compliant to all applicable government legislation.
Safety and Health Disputes
Members of the Safety Committee will not lose pay for the time spent
during regular scheduled working hours attending scheduled meetings
with management representatives or investigations under this Article.
No employee shall be required to work under conditions which are
unsafe or unhealthy. An employee who believes that he/she is being
required to work under conditions that are unsafe or unhealthy has the
right to:(a) Contact his/her immediate supervisor and review the
matter with him/her. If the matter is not satisfactorily settled by the
supervisor, the Company Safety and Health Chairperson, or his/her
appointee, and the Union Safety and Health Chairperson, 7or his/her
appointee, shall meet forthwith to determine whether the employee is
being required to work under conditions which are unsafe or unhealthy.
If the matter is not satisfactorily resolved by (a) above, the matter shall
be referred to the Plant Manager to determine whether the employee has
been asked to work under conditions which are unsafe or harmful to
his/her health.
P a g e | 22
If no agreement is reached and an inspector is required, then the
Department of Labour Inspector will be called in to settle any
differences.
The Company and the Union agree to a policy of welcoming any
employee recommendations or suggestions regarding safety and health.
ARTICLE 11 - PAY ON DAY OF INJURY
11.01 An employee hurt in an industrial accident and who is sent home by
his/her supervisor or on outside medical advice shall be paid for the
time lost on the day he/she was injured at his/her regular hourly
earnings for the balance of his/her scheduled shift. The employer shall
also pay for any transportation required.
ARTICLE 12 - BULLETIN BOARDS/OFFICE/CATERING
12.01 The Company agrees to provide the Union with bulletin boards in the
plant for the purpose of posting Union notices and official papers.
Notices will be posted only by officers of the Union, and will be in
keeping with the spirit and intent of this Agreement. All notices must
be approved by the Plant Coordinator or his designate before being
posted.
12.02 The Union will be provided with an office that will be supplied with a
desk, filing cabinet and an active telephone.
12.03 The catering vehicle shall be continued to be allowed on Company
premises and will be parked at a position designated by the Company.
P a g e | 23
ARTICLE 13 - UNION REPRESENTATIVES
13.01 If an authorized representative of the union, who is not employed by the
Company, wants to speak to local union representatives in the plant
about a grievance or other official union business, he/she shall request
permission from the Plant Manager. If the request is reasonable, it will
normally be granted, and the Plant Manager shall then call the local
union representative to an office where they may confer privately.
These talks will be arranged so that they will not needlessly interfere
with production.
ARTICLE 14 - COMMITTEE PERSONS & STEWARDS
14.01 COMMITTEE PERSONS and Shop Stewards will be designated by the
union and such notice given in writing to Management. There shall be
one (1) steward for each foreperson or shift supervisor. For the purpose
of meeting with Management representatives, the committee will
consist of not more than four (4) members as designated by the Union
plus the International Union representative. However, one of the four
Union Stewards must be a Maintenance employee. Members of the
Grievance Committee and Negotiating Committee will not lose pay for
the time spent during regularly scheduled working hours attending
scheduled meetings with Management representatives on Company
premises. Only one (1) Crane Operator will be allowed to leave his/her
work station at a time to perform union business.
14.02 When the legitimate business of a grievance Committee person or
steward requires him/her to leave his/her job or department, he/she shall
first receive permission from his/her foreperson or department
supervisor, which permission shall not be unreasonably withheld, and
he/she shall not suffer loss of pay for time spent in the performance of
these duties during his/her regular working hours. He/she shall report
back to his/her foreperson or department supervisor when the business
has been completed.
P a g e | 24
14.03 The Company will make itself available to meet with the Union to
discuss issues raised at Union membership meetings at their request.
14.04 Whenever a meeting is scheduled between the Company and the
Grievance Committee, Joint Accommodation Committee or the
Negotiating Committee, the members of these committees, consisting of
a maximum of four employees will be granted half hour of preparation
time prior to the meeting paid for at their straight time earnings.
ARTICLE 15 - HOURS OF WORK AND OVERTIME
15.01 The normal hours of work for all employees will be forty (40) hours per
week made up of five (5) eight-hour days, Monday through Friday. The
starting and finishing times shall be:
(a) Day Shift - 7:00 a.m. to 3:00 p.m.;
(b) Afternoon Shift - 3:00 p.m. to 11:00 p.m.;
(c) Night Shift - 11:00 p.m. to 7:00 a.m.;
(d) Any variation in the above schedule of hours before becoming
effective must be in writing and approved by both the Company
and the Local Union;
(e) Shifts starting 11:00 p.m. on a Sunday or on a holiday shall be
considered as a regular shift and paid at straight time rates for
the one (1) hour involved.
The parties mutually agree that during the life of this Agreement they
may enter into discussions to explore the possibilities of implementing
shift schedules which alter or exceed the daily and or weekly hours of
work contained in this Agreement.15.02 (a) Overtime shall be
paid at the rate of one and one-half (1½) times the regular rate for all
P a g e | 25
hours worked in excess of the prescribed daily hours except as
restricted in 15.01(c) and for all work performed on Saturday, and for
all hours worked outside the prescribed starting and finishing times.
(b) Overtime shall be paid at the rate of two (2) times the regular rate of
pay for the following:
(I) All hours in excess of twelve (12) in any one day;
(ii) All work performed on a Sunday or holiday;
(iii) All overtime hours in excess of twelve (12) hours per week. In
the calculation of the twelve (12) hours overtime, only hours
worked at overtime rate will be used in the calculation.
15.02 Nothing in the Article shall be construed to mean a guarantee of hours
of work per day or per week.
15.03 A day shall be defined as a twenty-four (24) hour period commencing
at the beginning of the employee's normal shift.
15.04 Employees who are absent from work on Friday for any reason except
for Union business, jury duty or bereavement leave shall be considered
as not available for the allocation of overtime on Saturday, and shall not
be entitled to be called in.
Employees that can provide reasonable proof or documentation prior to
a Friday absence shall be considered for Saturday overtime allocation.
Subject to the efficient operation of the plant, the Company shall
endeavour to rotate all employees weekly on multiple shifts who have
more than six (6) months seniority at Stoney Creek and Sudbury.
P a g e | 26 15.05 An employee who agrees to work overtime on a Saturday, Sunday or
holiday and does not report for such overtime work shall be credited
with double the actual hours worked.
ARTICLE 16 - REPORTING ALLOWANCE
16.01 In the event that an employee reports for work on his regular shift
without having been previously notified not to report, he/she will be
given at least four (4) hours work at his/her regular rate of pay, or four
(4) hours pay in lieu of work. These previsions shall not apply when
there is lack of work due to a situation beyond the control of the
Company.
16.02 (a) If an employee is unable to come to work due to sickness, injury or
some other cause, or if delayed and expects to be late, such employee
must notify the Company by calling the number designated by the
company. Such employee shall make every effort to notify the
Company at least one (1) hour prior to the commencement of his shift
or as soon as reasonably possible.
(b) An employee who is absent for three (3) days or more because of
sickness or accident must advise his/her supervisor at least sixteen (16)
hours prior to his/her starting time that he/she will return to work.
Failure to do so will make the employee ineligible for the four (4) hours
as specified in 16.01.
ARTICLE 17 - CALL IN PAY
17.01 An employee who has completed his/her shift and has left the
Company's premises, and is then recalled to work extra time, shall be
paid three-quarters (¾) of an hour travelling time each way at
appropriate overtime rates and shall be guaranteed two (2) hours pay if
called in before midnight and four (4) hours pay if called in after
midnight and prior to 7:00 a.m. In the event that the employee
continues to work through his/her regular shift, he/she will be paid
P a g e | 27
travelling time one way only. Travelling time shall not apply if the
employee is given four (4) hours of clear notice prior to the time he/she
reports for work.
ARTICLE 18 - RELIEF PERIODS
18.01 For employees assigned to multiple shifts, there shall be one fifteen (15)
minute relief period during the first half of the shift and a paid lunch
break of twenty-five (25) minutes during each shift. The scheduled
times of relief period and lunch break to be mutually agreed upon.
Employees will be entitled a five (5) minute wash up period at the end
of their shift.
ARTICLE 19 - LUNCH PERIODS
19.01 On continuous and multiple shift operations, employees shall be granted
a twenty-five (25) minute lunch period paid for by the Employer.
ARTICLE 20 - PLANT HOLIDAYS
20.01 The following statutory holidays shall be paid whether worked or not,
providing they qualify under 20.03 below:
New Year's Day Thanksgiving Day
Good Friday Day before Christmas Day
Victoria Day Christmas Day
Dominion Day Boxing Day
Civic Holiday Day before New Year's Day
Labour Day Family Day
In addition to the above, the Company will grant one (1) additional day
between Christmas and New Year's Day.
P a g e | 28
The plant will close December 23rd at 11:00 p.m. and re-open on
January 1st at 11:00 p.m. In the event the company chooses to operate
during this period, all work will be on a voluntary basis.
20.02 Employees shall be entitled to pay for such holidays calculated on the
basis of their straight time hourly rate multiplied by the number of
hours which would have normally been scheduled had such a day been
a working day.
20.03 To be eligible for such holiday pay, an employee must have completed
his/her probationary period and worked the full shift immediately
preceding and the full shift immediately following the holiday, except
that if such attendance could not be complied with due to personal
illness verified by a medical doctor's certificate, or leave of absence in
writing, or lay-off, provided such circumstances occur within thirty (30)
days of the holiday, or he/she is on a regular approved annual vacation.
20.04 Should statutory holiday(s) occur at the time of a vacation booking the
employee must book another day(s) vacation at that time.
20.05 If any of the above plant holidays falls on either a Saturday or Sunday,
then the preceding Friday or the following Monday shall be declared a
holiday or as mutually agreed upon.
20.06 Should the Provincial or Federal governments proclaim another holiday
during the life of this Agreement, then said holiday shall be added to the
list of holidays mentioned above.
ARTICLE 21 - VACATIONS
21.01 Each employee shall receive an annual vacation with pay in accordance
with the employee's length of service as provided below:
Service Vacation
1 or more years 2 weeks
P a g e | 29
5 or more years 3 weeks
10 or more years 4 weeks
18 or more years 5 weeks
25 or more years 6 weeks
21.02 Employees with less than one (1) year of service but more than five (5)
months of service will be granted vacation of one (1) day per full month
of service up to a maximum of two (2) weeks vacation.
The Company will pay a vacation bonus of $110.00 for each week of
vacation taken during the months of October, November, December,
January or February.
Each week of vacation pay will be paid at the greater of 2% of the
employee's gross amount of earnings from the Company for the twelve
(12) month period prior to July 1st of the current vacation year, or one
week's pay at the employee's basic hourly rate times forty (40). Except
in the case of an employee who is laid off in excess of 13 consecutive
calendar weeks, he shall be paid on a percentage basis of earnings in
that vacation year.
When computing the employee's gross amount of earnings for the
twelve (12) month period noted above, benefits from weekly indemnity
and Workers' Compensation benefits and the previous year’s vacation
pay will be used in the calculation.
Employees will be issued their vacation pay immediately prior to taking
their vacation. All outstanding vacation pay will be paid no later than
the first pay in December.
Previous year’s vacation pay will be included in total earnings.
21.03 Each week of vacation shall be taken on consecutive days unless the
Company permits a different division of the vacation times.
21.04 Vacations shall be taken during the calendar year in which they are
earned, and may not be accumulated from year to year.
P a g e | 30
21.05 The Company will, as far as practical, show the accumulated gross
earnings for vacation pay on the weekly pay cheques and clarify the
C.O.L.A. and hours worked.
21.06 Employees who schedule and take vacations prior to July 1st will be
paid forty (40) times the hourly rate for each week. The final
calculation - greater of which will be made on the later of July 1st or the
last week of vacation.
21.07 The Company shall schedule vacations giving due consideration to the
wishes of the employees and their seniority and to the efficient
operation of the plant.
21.08 An employee with less than one year of service as of June 30th, or who
is discharged, or who voluntarily leaves his employment with the
Company, shall be entitled to payment in lieu of vacation in accordance
with the Employment Standards Act of the Province of Ontario,
regardless of length of service.
21.09 On or before December 15th of each year, employees shall apply for
their first two weeks of vacation only, according to plant-wide
seniority in their job class. On or before February 1 of each year
employees shall book the remainder of their holidays where weeks
are available according to plant wide seniority in their job class. If
vacation requests are not submitted before or on the above dates the
Employer may assign vacation not scheduled, by seniority, and will
not assign any vacation to a senior person if there is a junior
employee within the same job class who still has scheduled vacation
time.
21.10
Employees will be allowed to request pay in lieu of taking vacation
for any entitlement in excess of two (2) weeks. The employee may
request pay in weekly increments only. Upon written request, the
employer will pay the employee his vacation pay.
Company will confirm or deny holiday request within 10 working
P a g e | 31
days of the cut-off-date. Company may assign un-booked vacations
after October 1 of any year. Vacation bonus would not be applicable
if the vacation is assigned by the company (i.e.) not booked by the
deadline.
ARTICLE 22 - WAGES
22.01 The Company agrees to pay and the Union agrees to accept, for the
term of this Agreement, the wages set out in the Wage Schedules
attached hereto and forming part of this Agreement.
22.02 (a) A Cost of Living Allowance will be made to each hourly wage rate on
the basis of one cent ($0.01) for each .3 movement in any month in
which the published Consumer Price Index (CPI) exceeds 285 (1981 =
100). This amount will be paid monthly and will be cumulative but will
not be rolled into the base rate.
(b) Continuance of the Cost of Living Allowance shall be contingent upon
availability of the Consumer Price Index in its present form unless
otherwise agreed upon by the parties.
No adjustment retroactive or otherwise shall be made due to any
revision which may later be made in a published Index.
22.03 There will be a shift premium of fifty five (55¢) per hour during the
afternoon shift and a shift premium of eighty cents (.80¢) per hour
worked during the night shift.
22.04 Employees temporarily transferred for the Company's convenience shall
receive their regular rate of the rate for the job which they are
temporarily transferred, whichever is the greater, during such transfer
provided he/she has worked one (1) hour in the higher rated job in any
given day.
In the event that a machine is shutdown or a mechanical break down
causes a particular job to be shut down, the Company may temporarily
transfer the employee where there is a need if the transfer is expected to
P a g e | 32
last longer than 2 days the affected employee will be allowed to
exercise to bump where he/she is qualified.
22.05 If a job is permanently eliminated or if a job is substantially changed,
the member will be permitted to bump into a job in accordance with
Clause 8.12 - Seniority, and will have his/her rate protected for a period
of two (2) calendar months from the date of the change or elimination,
if the bump results in a lower rated job.
If the job is upgraded, the Company will provide training to the member
involved if the member elects to maintain the job.
Following the change or elimination, the member's rate will be
protected for the two (2) month period unless such member successfully
bids on another job in which case the member will be paid the rate of
the job to which he/she successfully bids.
22.06 The job description of a job shall be only in sufficient detail to serve as
the basis from which to classify the job and the job classification of a
job shall serve only to assign the job into a proper job class for
application of the standard hourly wage scale
22.07 Establish an introductory rate of $15.00 per hour for all new hires until
they post to an incumbent position higher than Job Class three (3).
Employees in Job Classification one (1) after one (1) year of service
will move to Job Classification two (2)
P a g e | 33 22.08 Standard Hourly Wage Scale (Effective February 1, 2015)
JOB CLASSIFICATION and RATE OF PAY
Group Classification 2/1/2015 Increase 2%
2/1/2016 Increase 2 %
2/1/2017 Increase 2 %
1 Labour 1 Introductory Rate
$15.00 $15.00 $15.00
2 Labour 2 Hired after Feb 1, 2012
$17.00 $17.34 $17.68
2A Labour 2 Hired prior Feb 1, 2012
$23.27 $23.73 $24.20
3 Labour Welder $24.00 $24.48 $24.97
Shunter
4 Crane Driver $24.,16 $24.64 $25.13
Forklift Operator
5 Maintenance 1 $24.35 $24.83 $25.32
6 Warehouseman $24.54 $25.03 $25.53
7 Warehouseman Remote Saw Operator
$24.70 $25.19 $25.69
8 Burner 1 (Beveller) $24.89 $25.38 $25.88
9 Burner 2 $25.28 $25.78 $26.29
10 Maintenance 2 Skilled Trades
$28.05 $28.61 $29.18
Sudbury Lead Hand rate $1.50/hr. premium
The Company agrees that the current employees in the labour
classification will be grandfathered in the position of Labour 2 as a
result of their experience in operating with the AS400 computer system
and periodic use of the forklift (as applicable). Any employees hired
P a g e | 34
after ratification of this agreement will be placed into Labour 1
classification until such time as they post to a higher rated job
classification. It is further agreed that any employee is removed from a
job classification above group 2 for disciplinary reasons, will be placed
into job class 2 provided they have held the job previously.
22.09 Each standard hourly rate established under Clause 22.08 shall be:
a) The established rate of pay for all hours paid for on a non-
incentive job; and
b) The established hourly base rate and minimum guaranteed rate
of pay under any incentive applied to the job in accordance with
the provisions of this Article.
c) a "student rate" equal to $12.50 per hour will be paid to
students who are employed only from May 1 to September 30,
provided they are enrolled in school.. Company agrees that
students should not be allowed to operate any equipment other
than that to perform a labourer’s job.
22.10 An employee who is temporarily transferred from his/her regular job
shall be paid the standard hourly rate of the job to which he/she has
been transferred, provided such rate is not less than that of his/her
regular job. If the rate of the job to which he/she is temporarily
transferred, but not as a result of layoff, is less than the rate of his/her
regular job, he/she shall be paid the rate of his/her regular job during
the period of such temporary transfer.
22.11 Incentives
The Company at its discretion may establish incentive plans for any job.
In the event that an incentive plan is established, the base rate for such
plan shall be the Standard Hourly Rate and the Company will thereupon
negotiate with the Union provisions covering the installation and
P a g e | 35
administration of such incentive plans to provide "fair, just and
reasonable incentive compensation".
22.12 The term "fair, just and reasonable incentive compensation" shall mean
compensation in addition to the Standard Hourly Rate for the job
having due regard to all the requirements of the work to be performed.
22.13 General
Any mathematical or clerical errors made in preparation, establishment
or application of job descriptions, classifications or standard hourly rate
shall be corrected to conform to the provisions of this Agreement.
Except as otherwise provided, no basis shall exist for the Employer
covered by this Agreement to allege that a wage rate inequity exists.
ARTICLE 23 – BENEFITS
23.00 The Company agrees to supply existing benefit coverage to current
employees. Any new hires after Feb 1, 2013 will be subject to the
following:
The Company agrees to pay 80% of the cost coverage for the following:
A $500 single / $2000 family limit will put a ceiling on the medical
expenses that an employee could be required to pay. The single amount
is applied individual family members (e.g. once an individual family
member passes the limit amount their entitlement changes to 100% co-
insurance).
Note that employee paid amounts for any of the following do not count
towards the “out-of-pocket” limit.
Para-professional expenses that are over-and above the amount
that is reimbursed.
Prescription dispensing fees in excess of the dispensing fee
limit.
P a g e | 36
Eye examination, eyeglass, contact lenses or hearing aid
expenses that are in excess of the plan maximums.
All other caps and maximums remain as per current benefit
program.
23.01 The Company agrees to pay the full premium cost of the following
Insurance Policy No. 51890 Division No. 110 & 115
(1) Life Insurance
Effective February 1, 2009 - $65,000.00
A.D.&D.
Effective February 1, 2009 - $65,000.00
(2) Weekly Indemnity –
Coverage is at $550.00 (new claims only) per week
commencing with the first (1st) day for non-compensable
accidents, or first (1st) day of hospitalization, and fourth (4th)
day for sickness, and payable for twenty-six (26) weeks for each
disability:
(3) Long Term Disability
$1,250.00 per month – new claims only
Benefits begin after 26 weeks under W.I. and continue until the
employee recovers, reaches 65 years of age or retires.
The Company agrees to provide a Widow and Children’s
Survivor benefit in the amount of $350.00 per month for the
widow until she remarries or is deceased. Should the deceased
employee have surviving children under the age of twenty-one
(21), a total sum of $125.00 per month shall be paid to the
widow for the benefit of such children. The payment shall
cease upon the date that the youngest child reaches the age of
twenty-one (21) .
P a g e | 37 (4) Dental Benefits
(Preventative Care Plan)
Company agrees to pay the full premium cost. The Company
agrees to keep the Ontario Dental Association (O.D.A.) Fee
Schedule and will provide periodontal and endodontic coverage
to a maximum of $1,500.00 per family member. Orthodontic @
50% co-pay to $800.00 lifetime maximum per family member.
Effective upon ratification the Dental Plan will be based on the
Ontario Dental Association Fee Rate Schedule with a 1 year lag.
(5) It is agreed between the Company and the Union that any U.I.C.
rebate resulting from the registration of the W.I. plan becomes
solely the property of the Company to assist in offsetting the
cost of increased benefits.
(6) Major Medical Benefit
The plan will pay 100% of the costs after a yearly deduction of
$25.00 (family) and $10.00 (single). The plan will provide
coverage for artificial limbs, the rental of hospital bed, crutches,
etc., and for semi-private coverage. In addition, the Company
will provide a rider for Global Medical Assistance.)
Major medical expense benefit to $60,000.00 lifetime
maximum.
(8) Company agrees to a prescription drug card to cover the cost of
generic drugs and, in the event a physician prescribes a drug
with no generic equivalent or insists on a brand name, the plan
will pay for the brand name. The employee will pay a fee of
$0.35 per prescription.
(9) The company agrees to pay 100% of group benefit costs
(dental and drugs only) for those who retire between age 60
P a g e | 38
and age 65. The coverage stops at age 65. This provision is
effective for those employees who retire after February 1,
2003.
This benefit would be paid at 80% to all employees hired on or
after Feb 1, 2012
(10) Vision Care Plan
The Company will provide a family vision care plan for all
family members. The plan allows $350.00 with eye exam at
$75.00 maximum per family member, including the employee,
once every two (2) years.
The employee only may also replace prescription safety glasses
to a limit of $300 per calendar year if the prescription changes
(11) Orthotic appliances will only be accepted as a submitted
expense. Each plan member will be limited to two (2) per year
not to exceed $800.00/yr.
23.02 During the life of this Agreement, the benefits of the welfare plan shall
not be changed except by mutual consent.
23.03 The Company shall provide employees who retire with a paid-up Life
Insurance Policy of $3,500.00.
23.04 (a) Regular Pension Plan
The pension plan is part of the Collective Agreement.
Prior to Feb. 1 2012 - $46 per month per year of service
Increase basic pension
Feb. 1 2012 - $48 per month per year of service (future service only)
Feb. 1 2013 - $50 per month per year of service (future service only)
Feb. 1 2014 - $52 per month per year of service (future service only)
P a g e | 39 Feb. 1 2016 - $53 per month per year of service (future service only)
Feb. 1 2017 - $54 per month per year of service (future service only)
(Effective February 1, 2006, a monthly benefit of $46.00 will be used for each year of
credited service, both past and future service, from the date of hire for employees who
retire on or after "the date of ratification".)
23.04 (b) Supplementary Pension Plan
Effective February 1, 2006 the pension supplement will be $14.00 per
month for each year of credited service, both past and future service
from date of hire for employees who are between the ages of 60 to 65
and take early retirement on or after the date of ratification.
Pension credits will be given for time spent away from scheduled work
while on Union business and on Worker's Compensation.
(c) The Company will provide a retirement allowance of $15,000.00 to any
employee who retires prior to age 65 (defined as 365 days or greater to
their 65th birthday) or $20,000.00 to any employee who retires prior to
the age 64 (defined as 365 days or greater to their 64th birthday) during
the term of this collective agreement
(d) Effective March 18, 2014 all new hires will be enrolled into a Defined
Contribution plan. Contributions are as follows:
Years
1-5 (3%)
5-10 (3.5%)
10-15 (4%)
15-20 (4.5%)
20 plus years (5%)
All employees hired prior to the above date will remain on the Defined
Benefit plan.
P a g e | 40 ARTICLE 24 - NO STRIKE OR LOCK-OUT
24.01 In view of the orderly procedure set out herein for dealing with
employees' grievances, the Union undertakes that there will be no
strike, refusal to work, work stoppage, sit down, slow down or any
other activity which will restrict or limit production by any of the
employees during the term of this Agreement and the Company agrees
that there will be no lock-out of employees.
ARTICLE 25 - BEREAVEMENT LEAVE
25.01 When death occurs in the family of an employee and the employee
attends the funeral, such employee shall be granted reasonable absence,
not to exceed three (3) working days, without loss of pay. When a death
occurs in the immediate family, such employee will be granted
reasonable absence not to exceed five (5) working days. In determining
reasonable absence, consideration shall be given to the relationship of
an employee to the deceased and the responsibility of the employee for
making funeral arrangements. An employee's immediate family shall
be considered as: spouse, a common law partner, son and daughter.
Family shall be considered as: mother; father; brother; sister; mother-in-
law; onfather-in-law and grandchildren.
In the event that the employee is unable to attend the funeral, he/she
will be granted (upon production of such proof as the Company may
reasonably require), up to three (3) days leave of absence with pay to
attend memorial services providing such days would otherwise have
been normal working days.
The Company will grant (1) day leave of absence with pay on the
occasion of the death of a sister-in-law, brother-in-law or grandparents,
niece, nephew, uncle, aunt, and spouse’s grandparents providing the
employee attends the funeral or a memorial service for the deceased.
P a g e | 41 ARTICLE 26 - JURY DUTY AND WITNESS PAY
26.01 The Company shall pay an employee who is required for Jury Service
or he/she is subpoenaed to serve as a witness for each day of the
service, the difference between his/her average straight-time hourly rate
for the number of hours he/she normally works on his/her regular shift,
and the payment he/she received for jury/witness service. The
employee will present proof of service and the amount of pay received.
The following conditions shall apply to persons scheduled for jury
duty:
(a) All employees scheduled for jury/witness service shall be placed on the day
shift until their service is concluded:
(b) If an employee who is scheduled for jury/witness service is
released from such service early in the day, he/she shall return
to work if, after a reasonable travel allowance, there remains a
work opportunity period of two (2) hours or more. If the work
opportunity period, after a reasonable travel allowance, is less
than two (2) hours, he/she shall be excused from his/her
obligation. However, if the employee does not fulfil the
obligation to return to work for the two (2) hour or more period,
he/she shall not be paid for the hours he/she could have worked
had he/she returned.
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ARTICLE 27 - MEAL ALLOWANCE
27.01 When an employee is requested to extend his shift by more than three
(3) hours of unscheduled overtime, he shall:
(i) He will be provided with a ten (10) minute rest period (inclusive of a
five (5) minute wash up period) at the end of their regular shift, and be
provided with a fifteen (15) minute rest break, to be taken in
conjunction with regularly scheduled break taken by fellow employees
in the first half (approximate) of the shift that he is (now) working on.
(ii) Be provided with an adequate meal or allowance of ten dollars ($10.00)
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Be t ween:
Memorandum of SeUlernent
SAMUU. PLAn; SAL~:S D;"' .. io" urS.ttlud, Su .. &. Comp.ny LId.
(the "Employa)
L n.. Pani.,. her. in agree ' 0 the Ie"", oftlti, ""'''''''''''''''''' as conSiituting full ""UllOm.,!! of all matlen in dispute
2. n.. UIldersigned representati".s of.he Union do hereby agree 10 present all .he terms of thi s m"""""ndum 10 .heir resp«:t;ve pri ""ipal.,
3. n.e pan; •• herein agree tha, the lerm of 'ho ""lIectivo ap-eernrn. shall be from February 1 , WI S on<! will contin"" till (JaR u.", 31" , 2018).
4. The pani •• ...,rein agree tha ......... id ""11""ti",, agrtem<:nl shall include the tenn. of the previous ",,11""tive agreemen., .. -t.ich expi.e. on (J anu".,. 31" , 201 5), subj~ to the follo"'lng amendment. outlined ill (Appendi' "A~) which Of<' to be inc(>rp<Jnll«i in the new ""11,,,,1i,-0 agreement as _II as OIly previously agreed '" cl\angcs.
Daled lhil 12" day of Morc ... 20 14. in the Cily of Hamilton. Orllano.
For the Employ.,. FOI the Un:oD
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Letter of Understanding “A”
United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen:
RE: Locals 8214 and 2020 “The Company agrees to allow an employee to receive Weekly Indemnity payments while waiting for Workers’ Compensation Benefits (or whatever the new benefit will be called under the proposed Provincial Government legislation) or appealing a decision to deny benefits under the aforementioned.
P a g e | 45 January 14, 1997
Letter of Understanding “C”
United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen:
RE: Local 8214 “While maintaining its right to make management decisions, the Company agrees that in the event that any decision is made to move any plant equipment to another Samuel, Son & Co. Limited plant it will not result in the layoff of any employee in Stoney Creek.”
P a g e | 46 January 14, 1997
Letter of Understanding “D”
United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen:
RE: Locals 8214 and 2020 The Company agrees to deduct on a weekly basis the amount of not less than one cent per hour from the wages of all employees in the Bargaining Unit for all hours worked and, prior to the 15th day of the month following, to pay the amount so deducted to the HUMANITY FUND and to forward such payment to: United Steelworkers of America (National Office), 234 Eglington Avenue East, Toronto, Ontario, M4P 1K7 and to advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment has been made, the amount of such payment and the names of all employees in the Bargaining Unit on whose behalf such payment has been made. All employee deductions are voluntary and may be cancelled upon request.
P a g e | 47 March 13, 1997
Letter of Understanding "E”
United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen:
RE: Local 2020 The Company agrees to return saw cutting, if business is available, to the Sudbury Branch prior to initiating plant layoffs.
P a g e | 48 February 1, 2000
Letter of Understanding "F"
United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen: Re: Local 8214 The Company will make every effort to post weekly work schedules by 2:00 p.m. on Wednesday.
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Letter of Understanding "G"
March 12, 2014 United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen: Re: Local 8214 The company will allow the following number of people to be on vacation per week; Labourers - 2 Oxygen Burners - 1 Shunter - 1 Maintenance - 1 Crane Operator - 2 Janitor - 1 Warehouse - 2 Warehouse Remote - 1 Plasma Burner - 1 Should the workforce increase or decrease significantly, then the parties will meet to re-evaluate this letter. The Company will allow one (1) employee in Sudbury per week to take vacation. The Company also agrees that when business conditions allow, more than one (1) employee per week may be granted vacation. The company may have a partial shutdown during the last week of July and the first week of August. The company will post this notice on or before May 15th prior to pending shutdown. At this time the company will allow an additional 13 employees in each of the two weeks to book one of the two available weeks. The protocol for booking one of these two weeks will be as follows: a) Any employee who had booked but was not granted vacation in whole or
In part during July or August will be allowed to book. This will be done by seniority. b) The balance if any would be granted to remaining employees also by seniority. c) All bookings must occur within five (5) days of Company notice being posted.
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Letter of Understanding
"I"
United Steelworker’s of America 1031 Barton Street East Hamilton, Ontario L8L 3E3 Gentlemen: Re: Local 8214 and 2020 Samuel Plate sales and the United Steelworkers of America Locals 8214 and 2020 are jointly committed to rehabilitating disabled employees to meaningful employment. Our primary goal is to progressively return employees to their regular duties through a modified work program developed by Samuel Plate Sales “Joint Accommodation committee”.
Letter of Understanding
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“K”
January 31, 2006 The Company and Union agree that if an hourly employee transfers from another Samuel division, this employee will carry their seniority for vacation purposes only.
Letter of Understanding 02/01/09
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“L” Overtime Allocation
The following will be the protocol when allocating overtime.
Weekend Work
1st Option The person who normally performs the work on the shift that overtime is required. (Example, Saturday Days required. Day shift of that week will be asked. Friday night shift required. Night shift of that week will be asked etc.) 2nd Option The most senior incumbent on the shift that is required on the weekend (Note the above example will apply) 3rd Option The most senior incumbent on the off shifts 4th Option The most senior qualified employee on the off shifts
Weekday Overtime When a need arises for weekday overtime or to extend ones shift the following criteria will apply. 1st Option The person who performed the work on the shift prior to the need for overtime 2nd Option The most senior incumbent that is on the shift prior to the need for overtime. 3rd Option The most senior incumbent on the off shift 4th Option The most senior qualified person.