(Effective May 1, 2015 to April 30, 2017)
COMMERCIAL PRINT-CRAFT LIMITED
(Identified by the National Union as Unifor Xxxx 000X.00)
XXXXXX XXXXX 000X
16 21 - Access to Plants
15 17 - Bereavement Pay
21 32 - Check-Off
13 12 - Deductions for Late Arrival
4 4 - Definitions
30 40 - Duration and Termination
4 2 - Exclusions
9 11 - Grievance Procedure
18 27 - Health & Safety
9 10 - Joint Labour Management Committee
3 1 - Jurisdiction
16 19 - Jury Duty
17 25 - Layoff, Discharge & Disciplinary Measures
33 - Letter of Understanding #1
34 - Letter of Understanding #2
24 35 - Long Term Disability Plan
16 20 - Lunch Period
20 31 - Maintenance of Membership
14 16 - Management Rights
9 9 - New Rates
16 22 - No Discrimination
17 24 - No Piece Work
17 23 - No Strike or Lock-Out
18 28 - Operation of Equipment
5 6 - Overtime
24 34 - Pension Plan
8 8 - Plant Holidays
24 36 - Press Complements
14 15 - Production Not Limited
14 14 - Quota of Apprentices
13 13 - Rate Retention
18 26 - Reduced Schedule
5 5 - Regular Hours
4 3 - Representation
16 18 - Severability
19 29 - Shop Xxxxxxx
28 38 - Supplemental Unemployment Benefit Plan
00 00 - Xxxxxxxxxxxxx Xxxxxxxxxxxx
00 00 – Unifor Union Label
6 7 - Vacation With Pay
25 37 - Wage Rates(Also see pages 35 to 38)
21 33 - Welfare Plans
31 - Work Place Harassment Policy
COLLECTIVE AGREEMENT BETWEEN
COMMERCIAL PRINT-CRAFT LIMITED
Hereinafter known as the "Employer" AND
UNIFOR LOCAL 517G
Hereinafter known as the "Union"
EFFECTIVE: May 1, 2010 to April 30, 2015
IT IS AGREED by and between the Employer and the Union as follows:
Whereas the parties hereto are duly authorized to make a Collective Agreement which will govern the terms and conditions of employment in the said lithographing departments of the above- mentioned Company,
Whereas it is the intention of the parties to establish by this Agreement mutually satisfactory wages, terms and conditions of employment in the said lithographic departments of the above- mentioned Company,
ARTICLE 1 - JURISDICTION
1.01 The jurisdiction of the Union shall cover all work required for the production of lithography, whether preparatory or press, and shall include all electronic data processing devices attached to or forming part of lithographic production equipment.
1.02 The Company agrees that hereafter during the term hereof and during any period of negotiations for its renewal, extension or succession, it will not in respect to any plant covered hereunder, sign any contract recognizing any other Union for lithographic production employees.
1.03 For the purpose of this Agreement, the following departments shall be deemed to be separate branches of the trade:
ARTICLE 1 - JURISDICTION (Cont'd)
Employees will work in any branch in which they are qualified, at the discretion of the Employer, provided that no employee shall be laid off as a result of such transfer.
1.04 The conditions covering the proportion of Journeymen shall be as specified in Article 14 and shall apply to each department.
ARTICLE 2 - EXCLUSIONS
2.01 For the purpose of the enforcement of the present Agreement, the following employees are not covered by this Agreement:
Office executives and clerks, salesmen, building maintenance men, elevator operators, cleaners, shippers, chauffeurs and other employees not actually engaged in the processes of production of Lithography as set forth in Article 1.
ARTICLE 3 - REPRESENTATION
3.01 The Company recognizes Unifor Local 517G as the exclusive representative for the purpose of collective bargaining in respect to rates of pay, hours of employment or other conditions of employment for all Lithographic Production Employees at the plant located in Woodstock.
ARTICLE 4 - DEFINITIONS
4.01 A "Journeyman" is one who has completed the terms of years of apprenticeship required in the branch of the trade in which he has been engaged.
4.02 An "Apprentice" is one who is learning his trade. The number of years of apprenticeship shall be as set forth in Article 14.04 herein.
4.03 No employee shall be permitted to do any lithographic work unless he is a xxxxxxx, journeyman, apprentice, feeder or helper, or an executive of the Company, or students employed during the school vacation period and on a
co-operative training basis with a school or university, provided that no executive will do production work that could be done by an employee on lay-off.
4.04 "Feeder" is one who manually feeds stock to lithographic presses or who tends the feeding mechanism of lithographic presses.
4.05 A "Floor Helper" is an employee who is engaged principally, that is more than 50% of his total employment time, in the pressroom, but one who does not work on a lithographic press. His duties include airing stock, hauling skids, etc.
ARTICLE 5 - REGULAR HOURS
5.01 Regular weekly hours shall be 37 1/2 hours per week to be worked in five regular shifts of 7 1/2 hours each.
5.02 For the day shifts, the hours of labour shall be between 7:00 a.m. and 5:30 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays.
5.03 For the night shifts, the hours of labour shall be between the quitting and starting time of the day shifts.
5.04 If an employee reports for work on his regular shift without previous notice that his regular work is not available, he will be given full pay for the shift for which he has reported, unless excused at his own request, at his regular basic rate. However, he will be expected to perform such other duties as are available in his department during the period for which he is paid. The Company will make every reasonable effort to notify an employee in advance, by telephone call or written notification to the last known address. In cases where the employee fails to receive such notification through absence from his home, or other circumstances beyond the Company's control, such as fire, flood, windstorm, or power failure, this clause shall not apply.
ARTICLE 6 - OVERTIME
6.01 The employees recognize customer demands will make overtime production work necessary, and they hereby agree to work by mutual consent, such overtime as is required to meet these demands and the Employer agrees that he will not take any punitive action against an employee for refusing to work overtime.
6.02 Whenever possible, at least twenty-four (24) hours' notice of overtime shall be given to the employee.
6.03 Overtime must be established each day on the basis of each regular day or night shift in each shop, provided the regularly scheduled hours of the shift have been completed.
The requirement to make up full daily hours before overtime is paid shall only apply when the deficiency in daily hours has been caused by the employee, unless he has been excused by Management.
In the event an employee is requested to work more than one shift in any 24 hours, he shall be paid normal overtime rates for the work performed on any such additional shifts.
ARTICLE 6 - OVERTIME (Cont'd)
6.04 All time worked each day, either before or after the regular starting or quitting time in each shift, provided the regularly scheduled hours of the shift have been completed, shall be considered as overtime and will be paid for at the rate of time and one-half for the first three hours of overtime worked in each day, and at the rate of double time thereafter.
The requirement to make up full daily hours before overtime is paid shall only apply when the deficiency in daily hours has been caused by the employee, unless he has been excused by the Management.
6.05 All work performed on Saturdays and Sundays shall be paid for at the rate of double time.
The Employer agrees to pay for a minimum of 3 3/4 hours' work performed as overtime, if called in on Saturdays and Sundays, unless the employee leaves earlier of his own volition.
6.06 All work performed on plant holidays shall be paid for at double time rates plus plant holiday allowance where applicable.
The Employer agrees to pay for a minimum of 3 3/4 hours' work performed as overtime, if called in on plant holidays, unless the employee leaves earlier of his own volition.
6.07 Regular employees of one shop shall not engage for overtime in another shop.
6.08 Overtime for employees on any shift shall be computed on the basis of the actual hourly rate of wages paid to them for the shift on which they are actually working. For example:
1. Employees working on a Night Shift are to be paid fifteen percent (15%) per hour higher than the day rate. The overtime rate for the Night Shift is to be computed on this higher rate and paid either before or after the regular starting or quitting time of the Night Shift.
2. When more than one shift is operated, only one of these shifts shall be deemed to be a night shift or shifts.
ARTICLE 7 - VACATION WITH PAY
7.01 Each employee, covered by this Agreement, shall receive two (2) full weeks' vacation between June 1st and September 30th of each year with two (2) full weeks' pay at his current weekly rate provided he has completed one year in the
ARTICLE 7 - VACATION WITH PAY (Cont'd)
A further third week's vacation with a full week's pay will be granted to each Journeyman at his current weekly rate provided he has completed three (3) years' employment with his Employer.
A fourth week's vacation with a full week's pay will be granted to each employee who has completed four (4) years of employment in the Company.
A fifth (5th) week's vacation with a full week's pay will be granted to each employee who has completed twelve (12) years of employment in the Company.
The timing of such third, fourth and fifth weeks of vacation is to be left to the discretion of Management with one (1) week's notice being given to the employee.
7.02 The definition of "current weekly rate" as used above is the weekly rate at which the majority of the employee's time was worked during the qualifying period.
7.03 In addition to the above, each employee shall be paid his shift premium, if any, Exclusive of overtime, proportionate to the time he has worked on the night shift, provided he has worked eight weeks or more during the qualifying period.
7.04 The period of service of each employee shall be determined as of June 30th in each year, and vacation credits will be computed on the basis of the employee's service during the twelve-month period commencing on July 1st in each year, and ending on June 30th in the following year.
7.05 So far as possible, Employers will attempt to arrange the vacation of employees preferably during the two weeks preceding the first Monday in August.
7.06 If such arrangements are not practicable in any particular case, then vacations so far as possible will be granted at times most desirable to the employees but the final right to allotment of the vacation period is exclusively reserved to each Employer in order to ensure the orderly operation of his plant.
7.07 If a plant holiday comes on a work day as referred to in Article 8.06 and falls within an employee's vacation period, the employee shall be entitled to another day's vacation with pay.
7.08 If the employment of an employee is terminated, he will be paid on termination for vacation credits between July 1st and the date of his termination. However, new employees in a shop will be entitled only to vacation credits based on the time worked pro-rated from his hiring date to the next June 30th.
ARTICLE 7 - VACATION WITH PAY (Cont'd)
7.09 A vacation granted to an employee in any calendar year must be taken in that year and shall not accumulate from one calendar year to another.
7.10 Vacation credits, as referred to in Article 7.08 preceding, shall be earned on the following basis:
2 weeks' vacation - 4% of regular pay 3 weeks' vacation - 6% of regular pay 4 weeks' vacation - 8% of regular pay 5 weeks' vacation - 10% of regular pay
7.11 Posting of holiday schedules to take place not later than May 1st in each calendar year.
ARTICLE 8 - PLANT HOLIDAYS
8.01 During the term of this Agreement, all plant holidays as set out in Article 8.06 will be observed by paying employees at regular wage rates for any time lost by the observation of such plant holidays.
8.02 During the lifetime of this Agreement, July 1st, may be changed to the Monday or Friday of the week the holiday falls in, by mutual consent of the employees and Management in the individual plants.
8.03 An employee who is absent by reason of accident, illness or excused by his Employer shall receive holiday pay, regardless of whatever additional remuneration he may be entitled to receive. Otherwise, he must work the regular work day immediately preceding and the regular work day following the holiday.
8.04 When a holiday falls on a Saturday or a Sunday, either the Friday preceding or the Monday following the holiday shall be given to the employee as a substitute day off with pay.
8.05 For the night shift workers, the shift commencing on the Plant Holiday and continuing into the next day will be designated as the plant holiday shift. It is further agreed that night shift workers shall receive their shift premium in such holiday pay.
8.06 For the purpose of this section, plant holidays are: New Year's Day, Family Day, Good Friday, Canada Day, Victoria Day, Labour Day, Thanksgiving Day, Christmas Day, Civic Holiday, Boxing Day and Three Floating Holidays.
When Christmas Day falls on a Friday, Saturday, Sunday or Tuesday, Boxing Day
ARTICLE 8 - PLANT HOLIDAYS (Cont'd)
may be observed on the regularly scheduled work day before or after Christmas Day at the discretion of the Employer.
Three additional floating paid Holidays to be taken on a date at the Employer's option during the term of this Agreement.
ARTICLE 9 - NEW RATES
9.01 Should any new equipment or processes within the meaning of Article 1.01 come into use during the lifetime of this Agreement, the wage scales and conditions governing each piece of equipment or process shall be determined by mutual agreement.
ARTICLE 10 - JOINT LABOUR MANAGEMENT COMMITTEE
10.01 A Joint Labour Management Committee of equal representation shall be established to interpret and determine all conditions of this contract.
ARTICLE 11 - GRIEVANCE PROCEDURE
11.01 Within the terms of this Agreement, a grievance shall be defined as a difference arising between an employee and the Company as to the interpretation or application of the provisions of this contract. The following procedure for instituting a grievance may also be invoked by either the Company or the Union, procedure to commence at Step Four. It is agreed by the parties hereto that it is to their mutual benefit to settle such grievance as quickly as possible.
11.02 No grievance shall be considered where the circumstances giving rise to such grievance occurred more than thirty (30) working days before the filing or lodging of the grievance.
11.03 The functions of management are reserved under the provisions of Article 16 of this Collective Agreement.
11.04 Grievances shall be settled in the following manner:
Between the aggrieved employee and the department xxxxxxx. The aggrieved employee may have the assistance of his shop delegate if he so desires. If not settled within five (5) working days, it may proceed to Step Two.
Between the employee and the plant superintendent. At this stage this grievance must be submitted in writing, and the aggrieved employee may have the assistance of his shop delegate if he so desires. If not settled within a further five (5) working days, it may proceed to Step Three.
Between the employee and the plant manager, with copies of the grievance being filed. The aggrieved employee may have the assistance of his shop delegate and/or the officials of his Local if he so desires. If not settled within a further five (5) working days, it may proceed to Step Four.
Documents concerning the matter in dispute shall then be referred to the Joint Labour Management Committee, operating in accordance with the terms of Section 10 of the Collective Agreement. This Committee shall be empowered to call for evidence, based on the written submission of the grievance as presented, from the aggrieved employee, from the shop delegate and from any Company or Union Local officials it so desires.
If the grievance is not settled within a further five (5) working days from the legal convening of the Committee, it may proceed to Step Five.
Should a mutually satisfactory conclusion not be reached through the foregoing steps of the grievance procedure with respect to the application of the provisions of this Agreement, the grievance shall be referred to a Board of Arbitration, to be composed of one representative designated by the Company, one representative designated by the Union and a third member who shall be an impartial chairman of the Arbitration Board and who shall be selected by the Company and the Union representatives on the Board. Should the Company and the Union representatives be unable to agree upon an impartial chairman within eight (8) working days from the date on which both parties agree to submit the Grievance to arbitration, the Minister of Labour of their Province shall immediately be requested to recommend a third member of the Arbitration Board.
The parties agree to accept the Minister's recommendation. Decision by the Board of Arbitration shall be final and binding upon both parties.
11.05 It is agreed that the Board of Arbitration shall not have the authority or jurisdiction to alter the terms of the Agreement, to substitute any new provisions, or make any decision inconsistent with the terms and provisions of the Agreement, or to deal
with any matter which is not a grievance.
11.06 Each of the parties hereto will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman of the Arbitration Board.
SPECIAL COLLECTION AND ARBITRATION PROCEDURES
11.07 (a) Notwithstanding anything contained in Sections 11.01 to 11.06 above, a failure of the Company to carry out its obligations, including making its required contributions under Article 33, Welfare Plan and Article 38, Supplemental Unemployment Benefit Plan of this Agreement may, as an alternative to Sections 11.01 to 11.06, be referred to arbitration by the Union, Employers or Trustees of the said plans, using the procedures set out in this Section.
(b) There shall be no time limit within which a grievance must be filed, or a matter may be referred to arbitration. Any breach by a Company of its obligations to the plans referred to in this Section, under a prior collective agreement between the parties, shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach.
(c) The Union, Employers and Trustees, or their agents, may submit a written notice of default to the Company, by registered mail, with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance under this Section.
The notice shall be deemed to have been received by the Company on the third day after the day on which it was mailed.
(d) If the Company fails to make its required contributions, or otherwise fails to comply with the plan, within ten (10) days after the date of the notice, the grievance procedure shall thereupon be exhausted, and the grievance may be referred at any time thereafter by the Union, Employers or Trustees, or their agents, to final and binding arbitration.
(e) (i) The Union, Employers or Trustees shall give reasonable written notice to the Company of their desire to arbitrate pursuant to this Section, and shall state the date, time and place fixed for such arbitration;
(e) (ii) The Trustees, or such committee or sub-committee, as the Trustees may appoint, shall appoint an arbitrator or arbitrators to conduct the arbitration. Such arbitrator or arbitrators may include, but are not limited to, an Employer Trustee, Union Trustee, former Trustee, former official, officer, or employee of the Union, or a Company which is a party to the Trust Agreement, which is being arbitrated, or otherwise bound thereto. An arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans, and one or more Companies concurrently, or as the
arbitrator(s) may determine. A Trustee appointed as arbitrator may hear arbitrations involving any or all the plans to which the Company is required to contribute.
(iii) The arbitrator(s) shall have full authority to hear any matter referred to them by the Union, Employers or Trustees. The decision of the arbitrator(s) shall be final and binding on the Union, Employers, Trustees and the Company.
(iv) The arbitrator(s) shall have the authority to order the Company to perform its obligations pursuant to this Collective Agreement and may, in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such rate as the Trustees have determined, pay reasonable counsel fees incurred, or to be incurred by the Trustees in the collection of such delinquent amounts, including the counsel fee for the arbitration, pay the fees to the arbitrator(s), pay other reasonable costs incurred in the collection of the delinquencies, pay liquidated damages in an amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the arbitrator(s) to be due and owing.
The Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs arising out of the delinquency of the Company, and acknowledges the costs to be actual, and substantial, though difficult to ascertain, however, the Company acknowledges the amounts found to be delinquent, and waives the necessity of any additional proof thereof.
Without limiting the generality of the foregoing, the said sum is on account of damages resulting from:
1. inconvenience and burden imposed on the Trustees;
2. loss of any benefits, monetary or otherwise, to any employees; and
3. loss of benefits, and the use of any funds, in connection with an Employer's failure to comply with the terms and conditions of the relevant Trust Agreement and Collective Agreement.
(v) For the purpose of Sub-Section (iv), "reasonable counsel fee" shall mean all reasonable counsel fees in the amounts for which the Trustees become legally obligated, including the fees for recovery
of liquidated damages, audit costs, filing fees, and any other expenses incurred by the Trustees.
(vi) Any arbitration order or award determined under this Section may be filed by the Union, Employers or Trustees pursuant to Section
44 (11) of the Ontario Labour Relations Act, and under any comparable provision in the Quebec Labour Code, and may be enforced thereunder.
(f) The Union, Employers or Trustees may take any other action they Deem advisable to enforce the obligations of a company, as set out in this Section, notwithstanding any other provision of this Agreement.
ARTICLE 12 - DEDUCTIONS FOR LATE ARRIVAL
12.01 In cases where an employee reports late for work, only the time actually lost by the employee himself may be deducted.
ARTICLE 13 - RATE RETENTION
13.01 Each employee shall be classified and no reduction shall be made to his classified rate should he be employed at any time on a classification having a lower rate.
13.02 Where an employee works in a classification having a higher rate for six (6) months, he will be classified at the higher rate. While employed in a classification having a higher rate, he shall be paid at the rate of the higher classification, while so employed, until classified at the higher rate.
13.03 In cases where an employee is permanently transferred to a lower rated equipment, the provisions of this Article may be altered by a decision of the Joint Standing Committee.
14.01 The maximum number of apprentices allowed in each department shall be as follows:
(i) All Departments:
For the first three Journeymen 1 Apprentice
For the first six Journeymen 2 Apprentices
(ii) For each additional four Journeymen 1 Apprentice
14.02 It is agreed that all apprentices shall be indentured by the Company and the Union.
14.03 Apprentices in the Prepress Department shall, but in no way changing the established ratios, serve a probationary period of six (6) months in order that there aptitude in the department might be proved.
Should employment be continued, this probationary time shall be credited to the apprenticeship period.
14.04 Apprenticeship periods are as follows: Prepress Department - 5 years, Press Department - 4 years.
14.05 Company will negotiate a rate with Union for Apprentice(s) in the plate room who are required to train other employees.
ARTICLE 15 - PRODUCTION NOT LIMITED
15.01 The parties agree that no arbitrary limitations shall be placed upon the productive efforts of an individual or group of workers.
ARTICLE 16 - MANAGEMENT RIGHTS
16.01 The Employers and employees mutually agree that all the ordinary functions of management are hereby preserved and retained by the Employers, and without limiting the generality of the foregoing, that all the provisions of this Agreement are intended only to enunciate and clarify the rights, duties, privileges, and prerogatives of each of the parties to this Agreement, and to fix and determine their respective responsibilities.
16.02 The employees acknowledge that it is the exclusive function of management in each plant to:
(a) maintain order, discipline, and efficiency;
ARTICLE 16 - MANAGEMENT RIGHTS (Cont'd)
(b) hire, discharge, classify, promote, demote, or discipline employees, provided that a claim of discriminatory promotion or demotion, or a claim that an employee has been discharged or disciplined without reasonable cause, may be the subject of a grievance, and dealt with as provided
(c) generally to manage the industrial enterprise in which the Company is engaged, and without restricting the generality of the foregoing, to determine the number and location of plants; the products to be manufactured; methods of manufacturing; schedules of production; kinds and locations of machines and tools to be used; processes of manufacturing and assembling; the engineering and designing of its products; and the control of materials and parts to be incorporated in the products produced.
ARTICLE 17 - BEREAVEMENT PAY
17.01 A regular employee shall be granted leave of absence with pay, for a period not exceeding five (5) days, in the event of the death of a spouse, children, mother, and/or father, sister, brother.
Such possible days leave of absence shall be granted within the five (5) working day period that precedes or follows the funeral, unless otherwise mutually agreed between the Company and the employee.
17.02 A regular employee will be granted up to three (3) days leave of absence with pay, between Monday and Friday inclusive, for the purpose of making arrangements and attending the funeral, in the event of the death of a member of his or her immediate family, which shall be limited to grandmother, grand-
father, mother-in-law, father-in-law, daughter-in-law, son-in-law, step-mother, step-father, step-sister, step-brother, sister-in-law, brother-in-law and grandchild.
17.03 Such possible days leave of absence shall be granted within the five (5) working day period that precedes or follows the funeral, unless otherwise mutually agreed between the Employer and the employee.
17.04 The above is subject to the provision that the employee shall not receive any additional day or days' leave, or pay, because the death and/or arrangements and funeral occurred on a holiday, or during his vacation, or any leave of absence without pay.
17.05 An Employee who would have been entitled to bereavement leave but was on vacation shall have such bereavement leave added to their vacation provided the Employee notifies the Company prior to the scheduled end of the Employee’s vacation.
ARTICLE 18 - SEVERABILITY
18.01 In the event any provision of this contract, or compliance by the Employer or the Union with any provision in this contract, shall constitute a violation of any law, then in such event, such provision to the extent only that it is so in violation, shall be deemed ineffective and unenforceable and shall be deemed severable from the remaining provisions of this contract, which remaining provisions shall be binding on the parties.
ARTICLE 19 - JURY DUTY
19.01 The Employer will pay an employee, who is required for Jury Service, or as a Crown Witness, for each day of service, the difference between his regular shift straight-time hourly rate for the number of hours he normally works on his regular shift, but not more than seven and one-half (7 1/2) hours, and payment he received for Jury Service or as a Crown Witness. The employee will present proof of Jury Service or as a Crown Witness and the amount of pay received. When an employee is excused from Jury Service or as a Crown Witness for one-half (1/2) day or more, he must return to the plant and complete his regular shift.
ARTICLE 20 - LUNCH PERIOD
20.01 Lunch periods of not less than thirty (30) minutes, nor more than sixty (60) minutes, shall be scheduled by the Employer, providing that the scheduling of such periods shall fall within the first five (5) hours of any regularly established shift.
ARTICLE 21 - ACCESS TO PLANTS
21.01 The accredited representatives of the Union shall have access to the plant of the Employer by permission of the Employer.
ARTICLE 22 - NO DISCRIMINATION
22.01 The parties hereto agree and accept the principle that no employee or Employer is to be discriminated against in any way for being a member or non-member of the Union or of any Employers' Association.
22.02 Preference in employment to those who have previous experience or training, according to the standards generally recognized in the Lithographing Industry will be encouraged.
22.03 The parties to this Agreement agree to continue their policy of no discrimination against any employee because of race, creed, religion, colour, age, sex, or national origin, with regard to employment, advancement, acceptance into Union
ARTICLE 22 - NO DISCRIMINATION (Cont'd)
membership, or selection for apprenticeship openings.
22.04 The Employer and the Union recognize the right of employees to work in an environment free from harassment and are committed to providing a workplace free from harassment or discriminated based on race, creed, colour, national origin, political or religious affiliation, sex, sexual orientation, age, marital status, family relationship, disability or any other prohibited grounds.
Harassment is defined as "vexatious (annoying) comment or conduct that is known or ought reasonably to be known, to be unwelcome." An Employee who believes that they have been the victim of harassment and/or discrimination may file a complaint under the grievance procedure or under the provisions of the Workplace Harassment Policy appended to this Agreement. (Harassment Policy attached).
ARTICLE 23 - NO STRIKE OR LOCK-OUT
23.01 It is understood and agreed that there is to be no strike or lock-out during the lifetime of this Agreement. The definitions of "strike" and "lock-out" being that as laid down by the Provincial Labour Relations Act applicable.
ARTICLE 24 - NO PIECE WORK
24.01 It is further agreed to by the Company that no piece work or bonus system shall be inaugurated in relation to any employee covered by this Agreement.
ARTICLE 25 - LAYOFF, DISCHARGE AND DISCIPLINARY MEASURES
25.01 In the event of an employee leaving or being discharged by the Employer, a weeks' notice shall be given. The foregoing shall be subject to the minimum provisions of the Ontario Employment Standards Act (R.S.O. 1970, C147, S13).
25.02 The provisions of 25.01 shall not apply in cases of discharge for cause. Upon request of the Union, the Employer shall furnish the reason or reasons for such discharge.
25.03 The Employer will use its best efforts to provide as much notice as possible of a pending layoff/recall to work.
25.04 In the event of layoff, an employee shall be considered an employee of the Employer for all purposes except payment of wages and any contributions required to be paid to the Supplemental Unemployment Benefit Fund. In cases of termination, the contributions required herein shall continue for each week that wages are received.
25.05 No written or disciplinary notice dating back over 9 months shall be used in new disputes involving discharge or suspensions.
ARTICLE 26 - REDUCED SCHEDULE
26.01 In the event of temporary lack of work, due to slack business in any plant or any department thereof, the Company may, as far as the efficient and orderly operation of the plant will permit, share the available work time as equally as practicable among the employees in the same job classification. Employees who have been employed with their Company less than six months may be excluded from this provision, but such employees, if retained, must share such division of work.
26.02 Employees who have been employed with their Company less than six months, and are excluded from the provision in Article 26.01 above, shall be recalled before any new employees are hired as a replacement.
ARTICLE 27 - HEALTH AND SAFETY
27.01 The Company shall endeavour to keep his plant in a clean, well-ventilated and sanitary condition. Such necessary facilities shall be furnished by the Employer as will tend to the observance of this provision and the employees shall co-operate with the Employer in this regard.
27.02 When new chemicals are introduced into a department or plant that have not been properly labeled for safe usage, such chemicals shall upon request, be submitted
to the National Research Council of Workers' Compensation Board for approval and safe-use instruction. Requests for such testing shall be addressed to the Local Union Office and to the office of the Council of Printing Industries of Canada.
27.03 The Employer agrees to observe the appropriate provincial legislation dealing with the safety and health of employees. An alleged violation of this Article shall be referred to the Local Labour Management Committee as provided in Article No. 23.
27.04 Upon presentation of proof of purchase each preparatory employee who is required to wear safety footwear and each pressroom employee shall be entitled to receive one hundred and fifty-five dollars ($155.00) in each year toward the cost of such safety footwear. Employees who are so reimbursed, will be required to wear safety footwear when at work.
ARTICLE 28 - OPERATION OF EQUIPMENT
28.01 No employee may at any time operate any press by himself without someone else being present in the department, or within call.
ARTICLE 29 - SHOP XXXXXXX
29.01 The name of the Shop Xxxxxxx and Union Officers shall be supplied to the Employer and the Employer shall be notified of any changes thereafter.
29.02 The Company recognizes the Shop Xxxxxxx on shift as the initial contact pertaining to official Local Union matters, and shall not discriminate against him for performing such duties.
29.03 Before the discipline or discharge of a Shop Xxxxxxx or an Officer of the Local, the Company must notify the Union of its intention and shall give the Union a
reasonable opportunity to confer with the Company and to call in the international for this purpose when an Officer of the Local is involved, except in cases of discharge for cause.
29.04 Should the Chief Xxxxxxx or the Shop Xxxxxxx(s) desire to consult with a Union representative regarding an alleged infraction of this Agreement during working hours, they may do so, provided they secure the consent of their supervisor or other management person, such consent shall not be unreasonably denied.
29.05 All hirings, layoffs, recalls and/or discharges shall be reported to the Senior Xxxxxxx.
29.06 Employees have the right to require the presence of their Shop Xxxxxxx if they are called in by Management regarding a warning or a reprimand.
29.07 Leaves of absence shall be granted to duly authorized Union officials, including negotiating committee members, to attend Union activities relating to this Company. Requests for such leaves of absence shall not be unreasonably denied.
ARTICLE 30 - TECHNOLOGICAL DEVELOPMENTS
30.01 The parties recognize that technological developments, if they are to further the continued growth of the Graphic Communications Industry, place a responsibility upon the Company to explore and promote new markets, and require the
co-operation of the Company and the Union in the development of new skills.
30.02 In order to insure the orderly and most advantageous introduction of new equipment and new processes, the parties agree to meet upon request of either party to consider and develop programs for the retraining of employees in newly required skills.
ARTICLE 31 - MAINTENANCE OF MEMBERSHIP
31.01 Any employee within the meaning of the word "employee" in this Agreement who, as of the effective date of this Agreement, is a member of the Union in good standing, or may become a member during the life of this Agreement shall, as a condition of employment, continue such membership to the extent of paying the amounts required of Union members under Article 32 (Check-Off) as a condition of retaining membership in the Union.
31.02 Any employee who as of the effective date of this Agreement is not a member of the Union shall not be required to become a member of the Union as a condition of employment.
Such employees, shall as a condition of employment, pay an amount equivalent to the regular weekly membership dues and assessments required of all members of the Local Union and the Company shall deduct this amount and forward to the Treasurer of the Union.
31.03 Each new employee, shall within thirty (30) days from the start of their employment, make application to the Union for membership and upon acceptance shall remain a member of the Union as a condition of employment. Should he fail to become a member then after ten (10) days written notice from the Union to the Company, the Company shall discharge such employee.
Any employee who, because of religious conviction or belief, objects to joining a Trade Union, shall not be required to become a member of the Union as a condition of employment, nor shall he be required to pay union dues as set out in Article 31.02. Instead, he shall remit an equivalent amount to a recognized charity of his choice.
Disputes arising from the interpretation of this Clause shall be referred to the Ontario Labour Relations Board.
31.04 Should any employee, a member of the Union, become in arrears in payment of the amounts required of Union members under Article 32 (Check-Off) then within thirty
(30) days after written notice to the Company that the employee has been expelled from the Union, the Employer shall discharge such employee.
31.05 The Company agrees to apply to the Union office when in need of employees.
31.06 The Company agrees that it will post all vacancies within the Bargaining Unit. All vacancies posted shall remain posted for a period of three (3) working days. All applications must be made during the above three (3) working day period and such applications shall be in writing to the Company with copy to the Shop Xxxxxxx.
ARTICLE 32 - CHECK-OFF
32.01 As a condition of employment the Company shall deduct weekly from the wages of each employee covered by this Agreement, a stated amount to be determined by the Union.
32.02 Such amount will be determined by Union resolution, a certified copy of which will be remitted to the Company concerned.
32.03 The Company will remit monthly to the Local 517-G, the amounts so deducted, within twenty (20) days of the month following the one for which such deductions were made.
32.04 If the Company is in default in making payments required under this Article, it shall be liable for and agrees to pay, such legal, court, and/or other costs incurred in the collection proceedings, and the Union may take any action it deems advisable, notwithstanding any provisions of this Agreement.
ARTICLE 33 - WELFARE PLANS
33.01 The Employer shall pay $414.36 (plus applicable taxes) per month on behalf of each employee covered by this Collective Agreement to the Unifor Graphical Benefit Plan of Ontario hereinafter referred to as the"Benefit Fund", established under an Agreement and Declaration of Trust, administered by a Board of Trustees, representatives for the purpose of providing life, temporary disability income, health, and/or associated benefits for employees, or their beneficiaries, on whose behalf payments are made by the Employer, and for financing the expenses, operation, and administration of the Benefit Fund. The Employer shall make payments for as long as the employee's name is maintained on his Employer's payroll, but excluding payment for any period of labour dispute while the employees are not working. The parties agree that participation in, and coverage by, the Benefit Fund may be extended to the employees of any other employer under contract with the Union, and to the full-time employees and officers of the National Union, or any of its Local Unions, and to the full-time employees and officers of any union entity, or employer-union entity, provided that payments are made on behalf of such employees or officers, and to all others covered under the terms of the Agreement and Declaration of Trust.
a) Effective May 1, 2008, the Employer contribution, as provided herein, shall be increased by
$15.00) per month (if necessary) on behalf of each Employee covered by this Collective Agreement.
b) Effective May 1, 2009, the Employer contribution, as provided herein, shall be increased by
$15.00) per month (if necessary) on behalf of each Employee covered by this Collective Agreement.
c) Eyeglasses and contact lenses will be paid by the Employer to a maximum benefit of $300.00 per employee in any period of 24 consecutive months.
Eyeglasses and contact lenses will be paid by the Employer to a maximum benefit of $150.00 for eligible dependants in any period of 24 consecutive months.
33.01 c) (Cont'd)
Eligible dependants under this plan include: Unmarried children who are under age 25 if attending an accredited school, college or university as a full-time student. Eligibility will continue beyond the date an unmarried child attains the limiting age provided proof is submitted that such child:
- is incapable of self sustaining employment by reason of mental or physical handicaps.
- became so incapacitated prior to attainment of the limiting age; and
- is chiefly dependent upon the Employee for support and maintenance.
Divorced or separated spouses (with or without a court order or separation agreement) are not eligible for coverage.
Eligible dependants must be registered with the Company.
d) The Employer shall contribute $5.34 per employee per month with a weekly indemnity of $650.00 maximum.
e) Effective May 1, 2007, the Company to pay with receipt, ($75.00) seventy five dollars towards the cost of an eye exam every two years for Employee and Dependents.
33.02 All payments to the Benefit Fund shall be left on deposit with a Canadian trust company, or banking institution, appointed by the Trustees, and shall be payable by cheque, or other order for money, to the administrator appointed by the Trustees for deposit with the aforesaid trust company, or banking institution, in Canada. Concurrent with the payment by the Employer, the Employer shall submit such reports as the Trustees deem necessary for the purpose of properly administering the Trust and payment of benefits. All payments by the Employer, required herein, shall be due and payable within twenty (20) working days of the first day of the month on behalf of all employees on the Employer's payroll as at the first day of the month.
33.03 The Employer agrees to be bound by the terms of the Agreement and Declaration of Trust, a copy of which is hereby acknowledged by the Employer as having been received by him, establishing the aforesaid Benefit Fund, as the same may be amended from time to time, and further agrees to be bound by the rules, regulations, and plans, other than the amounts stated above, as may be adopted by the Trustees from time to time. The Employer further agrees that the employer-designated initial and successor Trustees under the Agreement and Declaration of Trust, as the same may be amended from time to time, are so designated as employer Trustees on its behalf.
33.04 The Union agrees that all rebates resulting from registration of the loss-of-income benefits with the Unemployment Insurance Commission shall be retained by the Employer.
33.05 It is agreed that the Unifor Graphical Benefit Plan of Ontario and the Graphic
Communications Benefit Trust Fund of Canada, both as defined in the Agreement and Declaration of Trust separate and apart from this collective agreement, be continued and maintained, subject to the approval of any federal or provincial authority having jurisdiction over the Unifor Graphical Benefit Plan of Ontario and the Graphic Communications Benefit Trust Fund of Canada.
EMPLOYEE AND FAMILY ASSISTANCE PROGRAMME
33.06 The parties acknowledge the establishment of an Employee and Family Assistance Programme, hereinafter referred to as the "Programme", to assist employees covered by this collective agreement with problems of a personal nature, including, but not limited to substance abuse problems. The parties acknowledge and agree that the Programme is more likely to be effective if the identity of persons utilizing the Programme, and the nature of services provided by the Programme, remain voluntary and confidential.
33.07 The Employer and Union agree that participation in the Programme will be voluntary, and no employee will be ordered, coerced, or in any way intimidated to require him to utilize the services under the Programme, or any services in connection with the Programme. No employee shall be required or ordered to seek advice, counsel, medical or psychological examinations, or counseling, nor shall the employee suffer any disciplinary action, or other penalty, with respect to his employment by reason of his failure to utilize such services.
33.08 Any information or communication whatsoever relating to an employee's participation in the Programme, or obtained as a result of, or during a course of an employee's participation in the Programme, or in connection with use of the Programme, shall be kept in strict confidence, and such information shall not be disclosed in any proceedings involving the employee, or between the parties, without the consent of the Union, the Employer, and the employee involved.
33.09 Any person who provides advice, counsel, or any other services in connection with the Programme shall not be a competent or compellable witness in any proceedings involving the employee, or between the parties, with respect to any matter relating to or in connection with the Programme, without the consent of the employee and the Union. Any and all records maintained by such persons will not be required to be produced without the consent of the Union, the Employer, and the employee involved.
33.10 No employee shall be disciplined or adversely affected with respect to any term or condition of employment as a result of their participation in the Programme, or on account of any matter relating to meetings, information, or discussion during the course of their participation in the Programme, or in connection with it.
ARTICLE 34 - PENSION PLAN
34.01 a) The Pension Plan in effect in the Company at the effective date of this Agreement shall remain in force during the life of this Agreement, with the Employer contribution at 8.5% and the employee contribution at 1.5% of the regular applicable day shift rate to the Plan.
b) The Contribution to the Pension Plan in effect in the Company excludes the contribution to the Canada Pension Plan.
34.02 A pension committee of three (3) from each party to this Agreement to meet at least once a year to review progress of the Pension Plan and discuss possible changes to the Plan.
34.03 All new employees must join the Plan when eligible. Present employees not covered will have the option of joining the Plan during the term of this contract.
ARTICLE 35 - LONG TERM DISABILITY PLAN
35.01 The Employer agrees to install a Long Term Disability Plan covering 45% of income.
ARTICLE 36 - PRESS COMPLEMENTS
36.01 Minimum Xxxxxxx complements for presses currently in use shall be as follows:
FEEDER FLOOR HELP
First Xxxxxxxx (Xxxxxx M-110) 1
2nd Xxxxxxxx 1
The above xxxxxxx applies to the Xxxxxx M-110 - 4 and 5 unit 26" web press only.
First Xxxxxxxx 2nd Xxxxxxxx Feeder (Xxxxxx M300 23 9/16 by 38,
with (5/6) Units)
1 1 1 Stacker FOUR COLOUR
To 1032mm (40") incl. with Computer
Print Control 2 *
1. Where two pressmen or press apprentices are indicated, one shall be a Journeyman Xxxxxxxx.
2. If a Four-Colour Press is running with less than three units, it may be manned with no less than 2 men at the discretion of the First Xxxxxxxx or Acting First Xxxxxxxx, providing the total complement of the pressroom is not affected.
3. If the specified complement is not immediately available on a press, the press may be run at the discretion of the First Xxxxxxxx or Acting First Xxxxxxxx. The Company will make every effort to supply a man from existing personnel to fill the specified complement.
4. In addition to above xxxxxxx, adequate personnel as required for economic and efficient operation.
5. Employees made redundant by any reduction in xxxxxxx shall maintain their present position unless they leave of their own volition, are discharged for cause, or promoted to a higher rated position
ARTICLE 37 - WAGE RATES
(Also see pages 35 to 38)
37.01 The basic wages of all lithographic employees shall be as hereinafter provided.
37.02 Payment of wages shall be made in cash, negotiable cheque or electronic transfer, and the current frequency of payment shall be continued for the term of this Collective Agreement.
37.03 All employees working on night shifts shall be paid at a rate fifteen percent (15%) higher than the hourly rate actually paid for day work. SEE PAGES 35 to 38 AS WELL
37.04 Day Shift: the minimum hourly rates of wages shall be as follows
sixty this the
** The parties agree that the Union shall have the right, not sooner than April 1, 2012, upon
(60) days’ notice, to reopen this Agreement to negotiate wage increases for the final year of Agreement. In the event the parties fail to agree, the Union may terminate the Agreement in final year by giving notice in writing.
ARTICLE 37 - WAGE RATES (Cont'd)
(Also see pages 35 to 38)
Prepress Department May 1, 2010 May 1, 2011 May 1, 2012
The minimum starting rate for apprentices in the above department will be fifty percent (50%) of the Journeyman's rate with an increase every six months of one-tent (1/10th) of the difference between the starting rates and the appropriate Journeyman rate in the branch of the trade in which he is serving his apprenticeship.
(Also see pages 35 to 38)
May 1, 2010
May 1, 2011
May 1, 2012
up to 1032mm (40") inclusive with Computer Print Control First Xxxxxxxx
up to 1032mm (40")
Feeders without previous experience will be hired at fifty percent (50%) of the feeders rate and will receive a $1.00 increase every three months until their rate reaches the full feeder rate.
APPRENTICESHIP RATES FOR PRESS
Immediately an apprentice takes charge of a press, his wage rate shall be increased by one-ninth (1/9th) of the difference between his feeder's rate or multicopy machine operator's rate and the journeyman xxxxxxxx'x rate for that press. His rate during the term of press apprenticeship shall be increased each six months by an amount equal to the difference between his current apprentice rate and the journeyman xxxxxxxx'x rate for the size of press being operated, divided by the number of apprentice increases remaining in his apprenticeship period.
In the event an apprentice's increment increase date coincides with the date of a contractual negotiated wage increase, the negotiated increase shall be added to both the current apprentice rate and the appropriate journeyman rate prior to computing the apprentice rate.
ARTICLE 37 - WAGE RATES (Cont'd)
(Also see pages 35 to 38)
WEB PRESS RATES
May 1, 2010
May 1, 2011
May 1, 2012
May 1, 2010
May 1, 2011
May 1, 2012
Units (5/6) Xxxxxx M300 23 9/16 by 38
(Also see pages 35 to 38)
ARTICLE 38 - SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN
38.01 The Company shall pay an amount of money equal to two and one-half percent
(2 1/2%) of the basic day rate of each employee covered by this Collective Agreement to the Graphic Communications Supplemental Unemployment Benefit Trust Fund of Canada, hereinafter referred to as the "Unemployment Fund", established under an Agreement and Declaration of Trust, administered by a Board of Trustees, composed of equal numbers of Employer and Union representatives, for the purpose of providing unemployment benefits for employees on whose behalf payments are made by the Company, and for financing the expenses, operation, and administration of the Unemployment Fund. The term "basic day rate" as used herein, shall mean the basic day rate of an employee in his classification, including vacations, holidays, and/or authorized leaves of absence, but excluding full weeks of layoff and absence due to sickness, or compensable injury, payment for overtime, premiums, shift differentials, or any period of labour dispute while the employees are not working. The parties agree that participation in, and coverage by, the Unemployment Fund may be extended to the employees of any other employer under contract with the Union, and to the full-time employees and officers of the International Union, or any of its Local Unions, and to the full-time employees and officers of any union entity or employer- union entity, provided that payments are made on behalf of such employees or officers, and to all others covered under the terms of the Agreement and Declaration of Trust.
38.02 All payments to the Unemployment Fund shall be left on deposit with a Canadian trust company, or banking institution, appointed by the Trustees, and shall be payable by cheque, or other order for money, to the Graphic Communications Supplemental Unemployment Benefit Trust Fund of Canada, and shall be transmitted monthly to the administrator appointed by the Trustees for deposit with the aforesaid trust company, or banking institution, in Canada. Concurrent with the payment by the Company, the Company shall submit such reports as the Trustees deem necessary for the purpose of properly administering the Trust and payment of benefits. All payments by the Employer, required herein, shall be due and payable within twenty (20) days after the payroll period of the month for which such payment is required.
38.03 The Company agrees to be bound by the terms of the Agreement and Declaration of Trust, a copy of which is hereby acknowledged by the Company as having been received by it, establishing the aforesaid Unemployment fund, as the same may be amended from time to time and further agrees to be bound by the rules, regulations, and plans, other than the amounts stated above, as may be adopted by the Trustees from time to time. The Company further agrees that the Employer- designated Initial and Successor Trustees under the Agreement and Declaration of Trust, as the same may be amended from time to time, are so designated as Employer Trustees on its behalf.
38.04 It is agreed that the Supplemental Unemployment Benefit Plan and the Graphic Communications Supplemental Unemployment Benefit Trust Fund of Canada, both as defined in the Agreement and Declaration of Trust between the Council of Printing Industries of Canada, the Union and the Trustees, separate and apart from this Collective Agreement, be continued and maintained, subject to the approval of any federal or provincial authority having jurisdiction over the Supplemental Unemployment Benefit Plan.
ARTICLE 39 – UNIFOR GRAPHICAL UNION LABEL
39.01 The Unifor Union Label is the exclusive property of Unifor (the National Union) and its use is authorized only by the express direction and consent of the National Union upon execution of, and compliance with, the National Union’s Union Label License Agreement. A copy of that Agreement is attached to this collective agreement and must be recommended by the Local Union, executed by the Company and approved and signed by the National Union to be effective.
39.02 The Company may affix the Unifor Union Label on all work produced hereunder provided that the Union Label License Agreement has been complied with, is in full force and effect and has not been revoked or cancelled in accordance with the terms thereof.
39.03 Upon request by the Shop Xxxxxxx, Local Union or National Union, the Company shall reveal the source of any work brought in to the plant from the outside. Where some work is done outside the plant, the Company shall advise the Shop Xxxxxxx and Local Union (prior to affixing the Union Label on any such work) of the name of the plant where the work is to be sent for completion, and if the result of such inquiry is that the terms of the Union Label License Agreement are not complied with, the Label shall not be affixed.
ARTICLE 40 - DURATION AND TERMINATION
40.01 This collective agreement shall be binding, and remain in effect from May 1, 2015
to April 30, 2017, and shall be renewed from year to year thereafter, unless either party gives to the other party notice, in writing, within ninety (90) days of its expiry date that it desires to terminate or amend its provisions.
40.02 Where notice to amend the agreement is given, the provisions of this Agreement shall continue in force until a new Agreement is signed, or the right to strike or lock-out accrues, whichever first occurs, it being understood that at such point this Agreement shall expire.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under the hands and seals of the appropriate officers and representatives at Woodstock, this day of ,
COMMERCIAL PRINT-CRAFT LTD. UNIFOR LOCAL 517-G
See Memorandum of Agreement #3 Page 38
Work Place Harassment Policy
Commercial Print-Craft Limited, and Unifor Local 517-G are committed to providing a work environment free from harassment and discrimination based on race, creed, colour, national origin, political or religious affiliation, sex, sexual orientation, age, marital status, family relationship, disability or any other grounds prohibited by Federal or Provincial Human Rights Legislation.
Definition of Workplace Harassment
Harassment is a form of unlawful discrimination and is defined as "vexatious (annoying) comment or conduct that is known or ought reasonably to be known, as unwelcome."
Harassment can include but is not limited to the following examples:
. Racial or ethnic slurs
. Demeaning statements, profanity
. Written or verbal abuse or threats
. Unwelcome sexual remarks, invitations or requests
. Unwelcome remarks, jokes, taunts, sarcasm, suggestions about a person's body, attire, age, marital status, ethnic or racial origin, religion, sexual orientation, socio-economic background, etc.
. Displays of pornographic, sexist, racist or other offensive or derogatory material (e.g. graffiti or pictures)
. Practical jokes, which result in embarrassment or insult
. Leering (suggestive staring) or other offensive gestures
. Unnecessary physical contact
. Vandalism of personal property at work
. Patronizing or condescending behaviour
. Abuse of authority which undermines performance or threatens career or job security
. Physical or sexual assault Harassment may result from one incident or a series of incidents.
It may be directed at specific individuals or groups but may also include any comments or conduct which creates an environment that is hostile, intimidating or offensive.
Filing a Complaint
If an Employee believes that they have been harassed and/or discriminated against on the basis of any of the prohibited grounds there are specific actions that may be taken
First; Inform the harasser that the behaviour is unwanted and unwelcome. Tell them to stop. Inform them that the behaviour will be reported if it does not cease. It is advisable to document the incident in writing including the time, date, location, witness and details.
Second; If you are reluctant to confront the harasser or fear reprisals, report the incident to your supervisor or union xxxxxxx.
If an Employee wishes to file a formal complaint they may:
1. Use the grievance procedure as outlined in the Collective Agreement; or
2. File a written complaint with their supervisor or shop xxxxxxx. This complaint should clearly state that the Employee wishes to initiate an investigation under the Workplace Harassment Policy.
Work Place Harassment Policy (Cont'd)
An investigation initiated under the Workplace Harassment Policy will involve: Separate interviews with the complainant, the alleged harasser and witnesses.
The interviews will be conducted by management and a union shop xxxxxxx or representative will be present for all interviews. The complainant and the alleged harasser may also request the presence of a supporting person* at their interviews.
* A supporting person may be any other Employee or staff member.
Settlement of a Complaint
A complaint may be settled by:
. A resolution agreed to by both parties
. Disciplinary action up to and including dismissal
All proceedings of the investigation process will be held in strictest confidence. The investigation will begin within five days of the complaint being filed and a resolution will be reached as quickly as possible.
Disciplinary action imposed may be grieved under the provisions of the Collective Agreement.
It is agreed that this procedure is an alternative to the grievance procedure and that complaints should not be pursued through both the grievance procedure and the Workplace Harassment Policy procedure.
Nothing in this procedure precludes an Employee's right to seek action under the Human Rights Code. However, both the Union and the Company encourage employees to use the internal mechanisms as outlined above before seeking alternative recourse.
The pursuit of frivolous allegations has a detrimental effect on the spirit and intent of this policy and should be discouraged. Where it can be shown that a complaint was initiated for vindictive or vexatious reasons, disciplinary action may result.
Monitoring the Policy
This Policy will be appended to the Collective Agreement and may be subject to review and renegotiation as part of the normal collective bargaining process.
The Policy will be posted throughout the plant and the Company and the Union agree to jointly undertake an education process to inform both management and employees of the importance of this policy and the provisions contained herein.
MEMORANDUM OF AGREEMENT #3
This Memorandum of Agreement #3 agreed to between Commercial Print-Craft Limited (the Employer) and Unifor Local 517G (the Union), and ratified by a majority of the members of Unifor Local 517G at Commercial Print-Craft Limited on this 13th day of April, 2015, states the following:
That other than, the deletion of line; “d) during a lack of work situation, stackers are to be laid off first” from “LETTER OF UNDERSTANDING #2” for the duration of this 2 year agreement.
That other than, the addition of language in ARTICLE 39 – UNIFOR GRAPHICAL UNION LABEL
Upon the date of May 1st, 2015 to April 30th, 2017 this Memorandum of Agreement #3 shall extend all terms and conditions of the current collective Agreement along with the provision that the revisions originally set to expire April 1, 2012 in the letter dated February 15, 2011, AND Memorandum of Agreement (dated the 20th of January, 2012) AND Memorandum of Agreement #2 (dated the 14th day of May, 2013).
This Memorandum of Agreement #3 shall have the same force and effect as if it were part of this Collective Agreement.
Signed this 13th day of April, 2015 at:
Commercial Print-Craft Limited, 0000 Xxxxxx Xxxxxx Xxxx, Xxxxxxxxx, Xxxxxxx Xxxxxx.
COMMERCIAL PRINT-CRAFT LIMITED UNIFOR LOCAL 517G
Xxx Xxxxxxx Xxx Free
Xxx Xxxxxxx Xxxxx Xxxxxxxx