AGS AUTOMOTIVE WINDSOR PLANT
– and –
AND ITS LOCAL 195
EFFECTIVE: January 1, 2020 to December 31st, 2022
TABLE OF CONTENTS
ARTICLE 1 - RECOGNITION 1
ARTICLE 2 - RELATIONSHIP 2
ARTICLE 3 - NON-DISCRIMINATION/HARASSMENT 4
ARTICLE 4 - UNION SECURITY 6
ARTICLE 5 - STRIKES AND LOCKOUTS 6
ARTICLE 6 - UNION REPRESENTATION 7
ARTICLE 7 - GRIEVANCE PROCEDURE 10
ARTICLE 8 - ARBITRATION 11
ARTICLE 9 - WAGES 13
ARTICLE 10 - SENIORITY 14
ARTICLE 11 - LAYOFF AND RECALL – PRODUCTION GROUP 16
ARTICLE 12 - JOB POSTINGS/VACANCIES 18
ARTICLE 13 - HOLIDAYS 20
ARTICLE 14 - HOURS OF WORK 21
ARTICLE 15 - OVERTIME 23
ARTICLE 16 - REPORTING AND CALL-IN PAY 30
ARTICLE 17 - VACATION WITH PAY 30
ARTICLE 18 - GROUP LIFE INSURANCE 32
ARTICLE 19 - HEALTH INSURANCE 33
ARTICLE 20 - PENSION PLAN 39
ARTICLE 21 - BEREAVEMENT 40
ARTICLE 22 - JURY DUTY 41
ARTICLE 23 - HEALTH AND SAFETY 41
ARTICLE 24 - BARGAINING UNIT WORK 50
ARTICLE 25 - TIME STUDY 50
ARTICLE 26 - DISCIPLINE 52
ARTICLE 27 - LEAVE OF ABSENCE 53
ARTICLE 28 - BULLETIN BOARD 55
ARTICLE 29 - COPY OF AGREEMENT 55
ARTICLE 30 - PAY DAY 56
ARTICLE 31 - CONTRACTING OUT 56
ARTICLE 32 - UNION OFFICE 57
ARTICLE 33 - TUITION FEES AND BOOKS 57
ARTICLE 34 - TRANSFERS OUT OF BARGAINING UNIT 57
ARTICLE 35 - NEW EMPLOYEE ORIENTATION 58
ARTICLE 36 - INTERPLANT TRANSFERS 58
ARTICLE 37 - SUBSTANCE ABUSE 59
ARTICLE 38 - TOOLS 59
ARTICLE 39 - TERMINATION 59
APPENDIX “A” 61
APPENDIX “B” 65
APPENDIX “C” - APPRENTICESHIP PROGRAM 71
LETTER OF UNDERSTANDING #1 – ABLE TO PERFORM 77
LETTER OF UNDERSTANDING #2 – TECHNOLOGICAL CHANGE 77
LETTER OF UNDERSTANDING #3 – EMPLOYEE REQUEST TO REVIEW PERSONAL WORK HISTORY FOLDER 77
LETTER OF UNDERSTANDING #4 – PAY EQUITY 77
LETTER OF UNDERSTANDING #5 – HUMAN RIGHTS TRAINING 77
LETTER OF UNDERSTANDING #6 – STUDENTS 78
LETTER OF UNDERSTANDING #7 – INCENTIVES 78
LETTER OF UNDERSTANDING #8 – SURVEILLANCE CAMERAS 78
LETTER OF UNDERSTANDING #9 – EMPLOYEE ASSISTANCE PROGRAM 78
LETTER OF UNDERSTANDING #10 – EMPLOYEE(S) REQUIRED TO WORK OUTSIDE AGS AUTOMOTIVE – WINDSOR PLANT 78
LETTER OF UNDERSTANDING #11 – TEMPORARY PART TIME EMPLOYEES (TPT) 00
XXXXXX XX XXXXXXXXXXXXX #00 – SHIFT FLEXIBILITY 80
LETTER OF UNDERSTANDING #13 – JOB ROTATION 80
LETTER OF UNDERSTANDING #14 – BACK UP POSITIONS 80
NEW LETTER OF UNDERSTANDING RE: SIGNING BONUS 81
NEW LETTER OF UNDERSTANDING RE: “SPECIAL EARLY RETIREMENT WINDOW” (SERW)81 NEW LETTER OF UNDERSTANDING RE: EMERGENCY SATURDAY OVERTIME 82
NEW LETTER OF UNDERSTANDING RE: WELD/AUTOMATION TECHNICIANS 82
NEW LETTER OF UNDERSTANDING RE: PAY STUBS 82
NEW LETTER OF UNDERSTANDING RE: DISCIPLINARY RECORDS 82
NEW SIDE LETTER RE: PARKING LOTS 82
LETTER OF INTENT #1 – RE: TRANSFERAL OF WORK BETWEEN PLANTS (1-98) 83
LETTER OF INTENT #2 – RE: INSURANCE CARRIER (5-98) 83
LETTER OF INTENT #3 – RE: WORK WEAR (4-01) 83
LETTER OF INTENT #4 – RE: SPECIAL PROJECTS – SKILLED TRADES 83
LETTER OF INTENT #5 – MISCELLANEOUS ITEMS 84
The general purpose of this agreement is to provide an orderly collective bargaining relationship between the Company and the Union, to secure prompt and fair disposition of grievances, and to prevent interruptions of work and interference with the efficient operations of the Company’s business, consistent with the terms of this Agreement. The Company and the Union agree that in the exercise of each of their rights and in the administration of this Agreement, they shall endeavour to do so in a fair, reasonable and timely manner. It is recognized that supportive practices are necessary to maintain competitiveness. As such the parties are committed to the concept of co-operation and working together to improve quality and to solve customer service problems as required.
1.01 The Company recognizes the Union as the sole and exclusive bargaining agent with respect to wages, hours of work and other working conditions and this Agreement will pertain to all employees of X.X. Xxxxxxx Automotive Inc. in the City of Windsor save and except Supervisors, persons above the rank of Supervisor, office and sales staff.
1.02 A person who has not previously worked in the Bargaining Unit shall, if transferred into the Bargaining Unit, be considered as a probationary employee.
1.03 The Company recognizes the Union as the sole and exclusive bargaining agent for any expansion of the existing facility or plant(s) for which work is performed that is related to the automotive industry, provided such plant is located in the City of Windsor.
At any such new plant related to the automotive industry located in the City of Windsor, it is agreed that the provisions of:
Article 1. Recognition
Article 2. Relationship
Article 3. Non Discrimination/Harassment Article 4. Union Security
Article 5. Strikes and Lockouts Article 6. Union Representation Article 7. Grievance Procedure Article 8. Arbitration
Article 10. Seniority
Article 11. Layoff and Recall – Production Group Article 12. Job Postings
Article 21. Bereavement Article 22. Jury Duty
Article 23. Health and Safety Article 24. Bargaining Unit Work Article 25. Time Study
Article 26. Discipline
Article 27. Leave of Absence (Parental Leave and Public Office Leave) Article 28. Bulletin Board
Article 31. Contracting Out
Article 32. Union Office
Article 33. Tuition Fees and Books Article 35. New Employee Orientation Article 36. Interplant Transfers
Article 37. Substance Abuse
Skilled Trades Supplementary Agreement (Classifications may differ) Apprenticeship Program
Letter of Understanding re: Reinstated Grievances Letter of Understanding re: Incapacitated Employees
will be included in the Collective Agreement covering such plant. The remainder of the Collective Agreement covering the new plant will be negotiated by the Company and the Union.
2.01 Subject to the terms of this Agreement, it is the Company’s right to operate and manage its business in all respects in accordance with its responsibilities and commitments.
2.02 The location of plants, the products to be manufactured, the schedule of production subject only to the provisions of Article 14 herein, the methods, processes and means of manufacturing are solely and exclusively the responsibility of the Company.
2.03 The Company has the right to make and alter from time to time rules and regulations to be observed by the employees provided that such rules and regulations are not unreasonable and not inconsistent with the provisions of the Agreement. The Company will notify the Union a minimum of two (2) weeks in advance and employees will be notified one (1) week prior to the implementation of any new or revised rule or regulation except where the Company is required by law to respond sooner.
2.04 It is an exclusive function of the Company to hire, promote, demote, transfer, suspend, layoff, discipline or discharge for just cause, and to consign employees to shift work subject to the terms of the Collective Agreement.
2.05 AGS Automotive – Flexible Manufacturing Process: The Company and Union agree that it is necessary to be unified in our efforts to support improvements in our methods and procedures in order to achieve continued improvement in productivity and profitability. This will improve the Company's competitive position helping maintain current work and gaining new work.
This memorandum is jointly arrived by the Union and Company and intends to be a guideline for an ongoing process that will enable both parties to actively contribute towards the long-term growth of X.X. Xxxxxxx Automotive Inc. In addition this guideline supports our ability to anticipate changing customer expectations and business needs.
Both parties agree that a truly joint labour/management relationship will allow the parties to achieve mutually desirable goals, while still fulfilling their respective
responsibilities to the employees and the Company. Mutually desirable goals, which can be achieved together, include continuously improving business results to best in class levels in such areas as:
Customer Service; Quality Assurance; Health & Safety;
Elimination of waste from the operation’s processes;
Increase in asset uptime and operational productivity and flexibility; Better working conditions.
These mutual goals can be accomplished through having a competitive edge in the utilization of people and people’s skills (i.e. being effective and efficient and using all of the employee’s skill sets), protecting our future by creating and maintaining a clear cost advantage against all competitors. Continually grow the skill levels of our workforce to enable the achievement of the desired business results.
Both parties agree that in order to achieve organizational improvement all employees will engage in developmental opportunities designed to help the parties meet the desired goals.
Employees working in the Production Associate, Material Handling Associate and Weld Assembly Operator classifications may be moved to perform work in any of the skill sets described within each of his/her group in the new consolidated classifications herein provided they can do so safely and in accordance to the Company’s expectations.
The parties will discuss the addition or deletion of any skill sets; however, the Company retains the right to revise the skill sets necessary to stay competitive.
The parties agree that in the event that an employee fails to comply with the requirements of this Flexibility Agreement, such employee will be subject to the Company’s disciplinary procedures as it pertains to performance issues.
The parties agree to establish an Employee Development/Training Committee to make recommendations to management on issues affecting the implementation and ongoing administration of this Flexibility Agreement.
Combine "Production Worker and Weld Assembly Operator" to create "Production Associate";
Revise "Weld Assembly Associate" to "Weld Assembly Operator";
Combine "Shipper/Receiver, Lift Truck Driver and Janitor to create "Material Handling Associate";
2.06 Operational Flexibility
It is recognized that our futures are closely linked and that our cooperation in working toward advanced technologies, processes and methods is fundamental to our survival in the marketplace. To this end, the Company and the Union mutually agree to explore flexible operational methodologies together to increase cost competitiveness,
manufacturing capability and quality. Included in these methodologies are Quick Die Change (QDC), Self-Directed Work Teams and other such modern processes that the parties mutually agree to.
2.07 Operational Improvements Required
The parties acknowledge that improvements in safety, productivity, and waste management are required. The parties are committed and fully supportive of the efforts necessary to make improvements in these areas.
3.01 Both the Company and the Union are committed to providing a workplace free of discrimination, harassment and Workplace Violence. Employees must not engage in discrimination or harassment because of prohibited ground contrary to the Ontario Human Rights Code (the “Code”). Prohibited grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or handicap, as defined in the Code. This provision shall be interpreted in accordance with and subject to the provisions of the Code. Employees shall not be discriminated against on the basis of Union affiliation. Workplace Harassment and Violence policies will be posted and made available to all employees.
3.02 The Union and the Company recognize that sexual or racial harassment is a cruel and destructive behaviour against others that can have devastating effects.
(a) Sexual harassment is any unwanted attention of a sexual nature such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands.
(b) Racial harassment is any action, whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, jokes or other unwanted comments or acts.
3.03 Complaint and Investigation Procedure
(a) If an employee believes that he/she has been subjected to Workplace Violence, or has been harassed and/or discriminated against on the basis of a prohibited ground of discrimination the employee may bring the incident forming the basis of the complaint to the attention of his/her supervisor and/or Union representative. In minor cases, not involving repeat incidents, the Company and Union agree that the Union may try to resolve a harassment or discrimination complaint between Bargaining Unit employees informally using the Unifor Internal Procedure without a full investigation when so requested by the Bargaining Unit complainant. The outcome of this attempted resolution will be communicated to the Company. If the employee’s Supervisor and/or Union representative cannot, to the satisfaction of the employee, deal with the complaint, the employee may submit his/her complaint in writing to the Joint Committee.
(b) The Joint Committee will be comprised of two (2) representatives selected by the Company and two (2) representatives selected by the Union. Where the complainant is a woman and the complaint involves sexual harassment or gender
discrimination, the joint investigation committee will include at least one woman. These representatives must be appropriately trained regarding harassment and discrimination issues.
(c) The Joint Committee will conduct an investigation of the complaint. Investigations will be jointly conducted by one (1) representative from the Company and one (1) from the Union. The joint investigation will include interviews of the complainant, any employee or supervisor accused in the complaint, witnesses and other persons named in the complaint. Any Union member interviewed by the Joint Committee may, if he/she so wishes, have Union representation present during the interview.
(d) It is the intention of the Union and the Company that, where practical, the joint investigation will begin within five (5) working days of the lodging of the written complaint and shall be completed within fifteen (15) calendar days after the lodging of the written complaint.
(e) In conducting the joint investigation, both the Union and the Company shall, to the extent practicable, maintain confidentiality. Records of the investigation, including interviews, evidence and any recommendations made by the Joint Committee will be securely maintained in the offices of the Company and the Union.
(f) Upon the completion of the joint investigation, the Joint Committee will complete a written report of its findings and recommendations and submit a copy of the completed report to the Human Resources Manager and the Plant Chairperson. If the members of the Joint Committee do not agree, the report may reflect differences in the findings.
(g) The Human Resources Manager and the Plant Chairperson will then attempt to agree on what action if any (other than discipline) should be taken as a result of the complaint and the findings of the Joint Committee. Any agreed action will then be implemented.
(h) If there is no agreement, the Company reserves the right to take such action as it deems appropriate, subject to the Collective Agreement.
(i) In the event the complaint remains unresolved and a violation of the Collective Agreement is alleged the matter may be considered as a grievance beginning at step 3 of the grievance procedure.
(j) An employee alleging harassment in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed that when the safety of an employee is being threatened, it may be necessary for that employee to leave the job. In such case the complainant advises the Supervisor, who in turn, advises the Union representative.
(k) The complainant details the complaint in a written statement with the Union representative and/or Supervisor.
(l) The Human Resource Manager and the Plant Chairperson are notified and they refer the matter to the Joint Committee. The Joint Committee will then proceed as in clause (b) through (i) above.
(m) The complainant is re-assigned to a suitable area or sent home without loss of pay until the investigation is begun, unless both Union and Management agree that an extension is necessary.
3.04 This Article is not intended to restrict any employee’s rights under the Ontario Human Rights Code.
4.01 All employees covered by this Agreement shall become and remain members in good standing of the Union as a condition of employment.
Any employee who is hired after the date of this Agreement will sign an Authorization Form for Check-Off of Dues and Initiation Fee and shall become a member of the Union and will be required to continue to be a member of the Union as a condition of employment. The Company agrees to provide the Union with a schedule of dues deductions in December of each year for the following year.
The Local Union copy of this form will be forwarded to the local Union Financial Secretary upon completion. All dues and Initiation Fees deducted must be remitted to the Local Union Financial Secretary by the 15th of the month following the end of the month in which the deductions were made along with a list of names and the amount of each deduction.
The Company will also supply a list of those members who did not have Union Dues deducted and the reason why no deduction took place.
The Financial Secretary of the Local Union will notify the Company in writing of any change in the amount of Union Dues and/or Initiation Fee to be deducted in line with constitutional requirements of the National Union. The Union agrees to save the Company harmless from any claims that may be made against the Company by employees for amounts deducted in accordance with this Article.
4.02 The Company agrees to include on an employee’s T4 slip for income tax purposes, the total Union dues paid for the year excluding any Union initiation fees. T4 slips will be distributed by February 15 each year.
5.01 There shall be no interruptions of work, stoppages, strike or lockout during the life of this Agreement; the words “strike” and “lockout” shall be “strike” and “lockout” as defined in the Labour Relations Act of Ontario.
6.01 (a) The Union shall elect or appoint and the Company shall recognize a Plant Committee in the Plant, comprised of hourly-rated seniority employees. The Plant Committee will be assigned to steady day shift and shall be given top seniority in the plant during their term of office, provided they are able to perform the work remaining available.
The Company will deal with the Plant Committee in all matters which are properly the subject of the administration of this Agreement.
(b) Union representation without loss of pay shall be allowed on the following basis:
i) Bargaining Unit population in the plant 40 or less – There will be a Chairperson and a Committee Person, one of whom will be Skilled Trades. The Chairperson of the Plant Committee will be allowed three (3) hours per day. The Committee Person will be allowed reasonable necessary time in accordance with the conditions contained in paragraph
ii) Bargaining Unit population over 40. There will be a Chairperson and a Committee Person, one of whom will be Skilled Trades. The Chairperson of the Plant Committee will be allowed four (4) hours per day. The Committee Person will be allowed reasonable necessary time in accordance with the conditions contained in paragraph c) hereof;
iii) Bargaining Unit population of 125 or more - There will be a Chairperson and two (2) Committee Persons, one of whom will be Skilled Trades. The Chairperson of the Plant Committee will be allowed four (4) hours per day. The Committee Persons will be allowed time in accordance with the conditions contained in paragraph c) hereof;
(c) Additional time required by the Plant Chairperson or the Committee Person, will be granted in accordance with the following conditions:
i) The Chairperson or Committee person will advise his/her Supervisor of his/her destination and the general nature of his/her business and the time anticipated to transact such business;
ii) Permission to leave work will be granted within thirty (30) minutes.
iii) The Chairperson or Committee person shall report back to his/her Supervisor at the time he/she returns to work.
6.02 The Company shall recognize the Plant Committee as the Plant Negotiating Committee. In addition to the Local President and the National Representatives of Unifor. The members of the Plant Committee will be allowed paid time off the job for days in which they are involved in direct negotiations with the Company.
6.03 (a) The Union shall elect or appoint and the Company shall recognize Xxxxxxx(s) on each shift. Union Xxxxxxx representation without loss of pay shall be allowed on the following basis;
i) Bargaining Unit population below 125 – there will be one (1) Xxxxxxx elected to each shift; if the Bargaining Unit population is below 125, the day shift Xxxxxxx will not be active and representation on the day shift will be by a member of the Plant Committee.
ii) If the Bargaining Unit population of any (1) shift reaches 75 or more, an additional Xxxxxxx will be elected to that shift.
(b) The Xxxxxxx(s) will have top seniority on his/her shift for purpose of layoff only, provided he/she is able to perform the available work. However, this seniority shall not supersede the preferential seniority of the Plant Committee. Top seniority for Stewards will not apply to Classifications or Associate Groups.
(c) In the event of a temporary workforce reduction, of thirty (30) calendar days or less, Stewards will not retain top seniority on their shifts.
(d) It is understood and agreed that stewards may require shift changes in order to receive training or attend training courses, and such changes will be accommodated.
6.04 The Union shall notify the Company in writing of any changes in the names or positions of the Plant Committee and shift Stewards as well the effective date of such changes. The Company agrees to notify the Union in writing of any changes in Management personnel who exercise direct supervisory authority over Bargaining Unit employees.
6.05 The Xxxxxxx shall be permitted, during his/her working hours, without loss of time or pay, to leave his/her regular duties for a reasonable length of time to investigate and settle grievances as well as deal with matters that could lead to a grievance. The Xxxxxxx will advise his/her Supervisor of his/her destination and the general nature of his/her business and the time anticipated to transact such business. Permission to leave work will be granted by the Supervisor within a reasonable period of time without undue delay. The Company may need a reasonable period of time to find a replacement. The Xxxxxxx shall report back to his/her Supervisor at the time he/she returns to work. When an employee requests the presence of his/her Union Xxxxxxx, such representation shall be provided promptly, but in the event of unusual circumstances such time shall not exceed a period of thirty (30) minutes from the time of the initial request. It is understood and agreed that the entire plant xxxxxxx body along with the Plant Committee shall be entitled to meet once per month at change of shifts. The Stewards and Plant Committee members who attend the meeting will be paid their regular wages at straight time to a maximum of one (1) hour.
6.06 Upon proper notification the Unifor National Representatives and/or Local Union Presidents, shall be granted admission to the plant covered by this Agreement on the understanding that there will be no undue interference in production.
6.07 The Union may designate an alternate who will function in the absence of the Plant Chairperson. When available such alternate shall be a Committeeperson. When a Committeeperson or Xxxxxxx is absent the Union may designate another Committeeperson or Xxxxxxx who is functioning on the shift to assume the duties of the absent representative. When there is no other Committeeperson or Xxxxxxx available on the shift or when the absence lasts or is expected to last at least one (1) week the Union may designate another employee as an alternate. When members of the Health and Safety Committee are absent the Company will recognize another Health and Safety representative to handle health and safety concerns which may arise. Except with respect to replacement of an absent Plant Chairperson or Health and Safety Co- Chairperson, where duplication of payment may arise, it is understood and agreed that there will be no duplication of or additional payment required for time spent on Union business as a result of the designation of alternate Union representatives as aforesaid.
6.08 The President of the Local Union will be entitled to be present at meetings with Management which involves the Plant Chairperson and/or the Plant Committee.
6.09 If elected to the position of President or Financial Secretary of a Local Union, an employee shall be retained on the day shift and will have top seniority in his/her plant for his/her term of office, provided such employee is able to perform the work remaining available. If elected to the position of Local Union Vice President an employee shall be retained on the steady day shift.
Notwithstanding the provisions of Article 27.01 (b), if the absence from the plant of an employee so elected may result in significant interference with plant operations, the Company and the Union agree to negotiate reasonable special arrangements governing such absence to ensure the interests of the Company are protected.
6.10 Top seniority for all Union Representatives shall only be applied in the event of a layoff or recall. When a layoff takes place which involves the layoff of Union Representatives, such Representatives shall be laid off in the following order:
(b) Health and Safety Co-Chairperson,
(c) Financial Secretary,
(e) Plant Committeepersons,
(f) Plant Chairperson,
(Recalls shall be in the reverse order of layoffs).
6.11 On the request of either party, the parties shall meet at least twice a year until this Agreement is terminated for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this Agreement. In attendance at such meetings for the Union shall be the National Representative, Plant Chairperson and the Skilled Trades Representative and for the Company representation shall include the Director of Human Resources, Corporate Manager Employee Relations and the Operation Director.
7.01 The parties hereto desire that every complaint shall be dealt with as it justly deserves as quickly as possible.
7.02 Step 1
Should a grievance arise, the employee shall along with his/her Xxxxxxx, or in the absence of a Xxxxxxx with a member of the Plant Committee, discuss it with the Supervisor within four (4) working days after the event giving rise to the grievance or within four (4) working days after the employee became aware or ought to have become aware of the event giving rise to the grievance. The Supervisor shall reply by the end of the next working day.
7.03 Step 2
If the reply of the Supervisor to the grievance is not satisfactory to the employee, then he/she may reduce the grievance to writing, sign it with the xxxxxxx, or in the absence of the xxxxxxx with a Committeeperson. The grievance should identify the clause or clauses alleged to have been violated along with a brief explanation of the issue(s) involved. The Committeeperson shall present it to the Operations Manager or his/her designate within three (3) working days from the date that he/she received the reply of the foreperson.
The Operations Manager or his/her designate, will meet with the Committeeperson or designate and render a decision in writing within three (3) working days after the day on which the grievance was presented.
7.04 Step 3
If the reply of the Operations Manager or his/her designate is not satisfactory to the Union, the grievance may be presented by the Plant Chairperson to Management within four (4) working days from the date of the reply of the Operations Manager or his/her designate. The Plant Committee and Management shall meet within five (5) working days after the grievance has been so presented. Upon request by either party, the Local Union President(s) and/or the National Union Representative(s) may be in attendance. Within four (4) working days after the Step 3 meeting, Management will render a decision in writing and submit it to the Plant Committee.
7.05 Discharge or Suspension Grievances
A claim by an employee that he/she has been discharged or suspended without just cause may be treated as a grievance, which shall commence at the 3rd step as provided in Article 7.04. The grievor may be present at the 3rd step meeting. The right to a grievance shall be deemed to be waived if no grievance has been presented within five
(5) working days of the aforesaid dismissal or suspension.
7.06 Whenever possible if two (2) or more employees simultaneously have the same alleged grievance under the same circumstances, it will be presented as a single group grievance with the name of each grievor shown. The group grievance is to be initiated at Step 1. If, in the course of the grievance procedure dealing with a particular issue, subsequent individual or group grievances are filed that complain about the same matter, it is agreed that such subsequent grievances will whenever possible be consolidated with
the original grievance and dealt with as one group grievance at the request of either the Company or the Union.
7.07 The Plant Chairperson or his/her designate, in his/her absence, may file a policy grievance with Management. A policy grievance is defined and limited to one which alleges misinterpretation or violation of the provisions of this Agreement and which could not otherwise be resolved at a lower step of the grievance procedure because of the nature and scope of the subject matter of the grievance. A policy grievance will be referred to Step 3 of the grievance procedure.
If a determination is made that a grievance filed as a policy grievance should have been filed as an individual or group grievance pursuant to the terms of this Collective Agreement, the parties agree that such improper filing will not be grounds for dismissal of the grievance. Rather, should such a determination be made, the parties agree that the grievance will be deemed to have been filed as an individual or group grievance, as applicable.
7.08 Failure by a grievor or grieving party to observe the time limits imposed for initiating a grievance, moving a grievance to the next step or calling for arbitration, will be deemed an abandonment of the grievance. The time limits may, however, be extended or curtailed in individual cases by mutual agreement of the parties.
If the responding party fails to observe a time limit prescribed for responding in the grievance procedure, without receiving an extension in writing, the grievance may be submitted by the moving party to arbitration or to the commissioner at their choice and the arbitrator or commissioner shall be selected by the moving party from the list contained in Article 8.
7.09 The term “working days” when used in this Agreement for grievance procedure shall exclude Saturdays, Sundays, holidays as defined herein and plant shutdown periods.
a) All outstanding grievances must be settled before the signing of the agreement.
b) The Company agrees to meet once a week or by mutual agreement, as otherwise agreed to by the parties, for a general meeting for communication and grievance review.
8:01 Any grievance not satisfactorily settled through the grievance procedure may be appealed to an arbitrator, provided written notice of the party’s intention to refer the dispute to an arbitrator is given to the other party within ten (10) working days after the receipt of the last decision.
The parties agree to choose a single arbitrator by mutual agreement within five (5) working days of the day the requesting party gave written notice to proceed to arbitration. If the parties cannot mutually agree on a single arbitrator, a request to the Ministry of Labour to choose an arbitrator in accordance with the regulations of the Ontario Labour Relations Act will be made.
8:02 (a) The arbitrator shall not make any decisions inconsistent with the provisions of this Agreement nor shall he/she alter, modify or amend any part of this Agreement except as provided for in Article 8:02 (b).
(b) Where the Company has set a wage rate for a new or reclassified job classification that the Union is not satisfied with, the matter may be referred to an arbitrator. The arbitrator will have the authority to set a new wage rate for the Classification(s) and aware redress. In setting a new wage rate, the arbitrator shall be limited to making comparisons to other Classification(s) wage rates and job responsibilities covered by this Agreement. However, if the rate at issue is a rate for a skilled trade, the arbitrator shall have the authority to make comparisons to employees in other plants working in the same skilled trade.
8.03 The arbitrator’s decision shall be binding on the parties. The cost of the arbitrator shall be shared equally by both parties.
The Company shall pay the wages of the Plant Chairperson or a designate who attends at the arbitration hearing.
8.04 Commissioner System
(a) As an alternative to the regular arbitration procedure provided for herein, the parties may agree, in writing, to refer a grievance for final and binding arbitration to a Grievance Commissioner, selected in the same manner as that used to select an arbitrator.
The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitrator procedures provided for herein.
(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of the Grievance Commissioner are set out as follows:
i) The decision of the Grievance Commissioner shall be confined to the grievance referred to him or her. Such decision must be consistent with the provisions of this Agreement, and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement;
ii) The decision of the Grievance Commissioner shall only apply to the case before him or her and shall not constitute a precedent or be used by either party as a precedent in any future cases. However, with respect to the case in question, the Grievance Commissioner’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union;
iii) The Union and the Company shall each be responsible for one-half of any fees or expenses charged by the Grievance Commissioner and the Company shall pay the wages of the Plant Chairperson or a designate who attends the Commissioner’s hearing;
iv) The parties shall meet at least thirty (30) days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can agreed upon. All such facts will be put together in joint Agreed Statement of Fact by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided to the Grievance Commissioner at least ten (10) days before the commencement of the grievance hearing:
v) The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing, the parties may make such further representations or adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
(c) It is understood and agreed that grievances related to discipline (excluding suspension and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
(e) There will be a Commissioner hearing on an as needed basis.
9.01 Wages shall be on the basis set forth in the Schedule of Classification(s) and Wage Rates, attached hereto and marked Appendix “A.”
9.02 C O L A
(a) COLA adjustments will be frozen for the duration of the agreement and will become operable on December 31, 2022.
In lieu of COLA being frozen, the following payments will be made to all employees:
October 1, 2017 $250 lump sum 2018 same
Should the employee choose to have the monies deposited into a RSP account, the employee will provide the Company with the necessary documentation.
January 1, 2020 $350.00 paid to all employees January 1, 2021 $350.00 paid to all employees January 1, 2022 $350.00 paid to all employees
Employee has the option to roll the COLA payments into a RSP. The employee will need to notify the employer prior to if they wish to have the monies rolled into a RSP.
(b) A Cost Of Living Allowance (“COLA”) will be determined in the manner and to the extent hereinafter set forth in accordance with changes in the Consumer Price Index (“CPI”) published by Statistics Canada (All Items: 1986=100). The Cost Of Living Allowance will be adjusted based on the Consumer Price Index, deviation to yield (0.073=$0.01).
(c) The amount of any COLA in effect at the time shall be included in computing overtime pay, holiday pay, call-in pay and vacation pay.
(d) COLA adjustments will be excluded from calculations pertaining to weekly indemnity benefits.
(e) In determining each COLA adjustment, the calculations will be made on a cumulative basis from March 2001 CPI level and COLA adjustments made at previous dates during this contract will be subtracted from the cumulative calculations to arrive at the adjustment for the current period.
(f) In determining the hourly rate of increase or decrease for any adjustment, calculations will be rounded up to the nearest cent per hour if the exact calculation ends in .5 or higher.
(g) If Statistics Canada changes the form or the basis for calculating the Index, the parties agree to ask Statistics Canada to make available, for the life of this Agreement, a monthly index in its present form.
9.03 The first two (2) cents of each quarterly adjustment will not be paid out but rather will be retained by the Company. Should the COLA adjustment in any one quarter not increase by at least two (2) cents there will be no carryover of that quarterly offset.
10.01 (a) The parties recognize that job opportunity and seniority should increase in proportion to length of service. It is agreed that the term “seniority” as used herein
shall have reference to an employee’s right to employment based on his/her length of service with the Company subject to the other provisions of this Agreement.
(b) All promotions, demotions, filling of vacancies, layoffs, and re-hiring after layoff shall be strictly in accordance with the principle set forth in Article 10.01 (a).
(c) Seniority of each employee covered by this Agreement shall be established after a probation period of ninety (90) working days worked within any twelve (12) month period and shall count from date of employment. Any WSIB-related absences of five (5) days or less will not extend the ninety (90) day probation period. When two (2) or more employees have the same seniority date, ranking of such employees on the seniority list shall be by their Company clock number except as provided in Article 36.03.
(d) The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns.
10.02 A seniority employee shall continue to accrue seniority except as otherwise provided in this Agreement.
10.03 Seniority standing shall be cancelled and employment terminated if an employee:
(a) voluntarily leaves the employ of the Company;
(b) does not report back to work when recalled;
(c) overstays an authorized leave of absence without a valid reason;
(d) is discharged for just cause and not reinstated under the terms of this Agreement;
(e) is absent from work for three (3) consecutive working days without a valid reason;
(f) is laid off for a continuous period of 48 months;
(h) is placed in a Labour Market Re-entry program by WSIB and in accordance to the WSIB regulations. Eligible termination of employment payments, if any and where eligible under the Employment Standards, severance, if any, will be in accordance with the Employment Standards Act (2000);
(i) is no longer eligible to receive LTD income replacement benefits, and is able to furnish satisfactory evidence to the Company the he/she is still unable to work as a result of illness or injury. Eligible termination of employment payments, if any, and where eligible under Employment Standards, severance, if any, will be in accordance with the Employment Standards Act (2000).
10.04 The Company will maintain and post an up-dated plant-wide seniority list quarterly. Such lists shall show employees’ job Classification(s). Copies of such lists shall be provided to the Plant Chairperson. The Company will supply the Plant Committee with the following information monthly with the check-off of dues and send a copy to the Local Union office(s):
(a) employees who acquire seniority;
(b) employees by rate and Classification(s);
(c) employees transferred into or out of the Bargaining Unit;
(d) employees on leave of absence;
(e) employees on weekly indemnity or long term disability or Workers’ Compensation (WSIB);
(f) employees on layoff and recall;
(g) employees who have lost seniority; and
(h) employees who are discharged.
The Company will provide on a quarterly basis names, addresses and phone numbers on file of all employees.
11.01 The provisions of this Article shall apply to the layoff and recall of employees outside the skilled trades classifications listed in the Skilled Trades Supplementary Agreement (Appendix “B”). The term layoff shall include any reduction of thirty (30) calendar days or more in Classification(s).
11.02 (a) Whenever it becomes necessary to decrease the working force and a layoff is necessary, Temporary Part-Time Employees (TPTs), students employed for the school vacation period and probationary employees will be the first laid off.
(b) If further layoffs are necessary, the most junior employee in the Classification(s) affected will be selected. For a layoff period of up to four (4) weeks, such employee may only bump the most junior seniority employee within the plant, provided he/she has the ability to perform the work of that Classification(s) within a five (5) working day familiarization and trial period. The affected employee must give notice in writing within two (2) working days from the date the notice of layoff is posted of whether he/she elects to bump or to be laid off in lieu of exercising his/her bumping rights. Where it would be detrimental to the Company’s ability to meet its customer’s requirements the Company may retain employees out of line of seniority for up to four (4) weeks in Classification(s) where bumping employees are not able to perform the work without training. Every effort will be made by the Company and the Union to find mutually acceptable ways of minimizing the retention of
employees out of line of seniority including the possible use of other qualified employees for temporary periods of time.
(c) If the layoff period extends beyond four (4) weeks, on or before the conclusion of the fourth week the originally affected employee in paragraph (b) above will be notified by the Company that he/she may elect to bump the junior employee in a Classification(s) of his/her choice, provided he/she has the ability to perform the work of that Classification(s) following the normal training/trial period for such Classification(s) as per Article 12.
The affected employee must advise the Company of his/her choice of Classification(s) immediately upon notification. The Company will attempt to contact any affected employee who is absent unless he/she has previously advised the Company in writing what Classification(s) he/she wishes to bump into. Should the Company be unsuccessful in contacting the employee he/she will be placed in a Classification(s) by mutual agreement between the Company and the Union.
(d) The affected employee in paragraph (c) above shall exercise seniority in the same manner.
(e) In no case shall an employee be allowed more than one bump in any one layoff unless he/she is subsequently bumped or a further reduction takes place. Should the employee fail to perform the job he/she will be assigned to the work performed by the junior employee in the plant whose job he/she is able to perform.
(f) An employee may elect to be laid off in lieu of exercising his/her bumping rights.
(g) Employees will be given individual written notice of at least three (3) working days’ notice provided the layoff does not exceed a period of four (4) weeks. If in excess of four (4) weeks, it shall be five (5) working days’ notice or in accordance with the Employment Standards Act. The Plant Chairperson or his/her designate if available shall be given advance notice of the layoff. The Company will provide separation papers with an employee’s last pay cheque.
(h) The Plant Chairperson shall be provided with a copy of the final results of the layoff including which employees are laid off and what bumps have taken place.
(i) In a temporary layoff of two (2) consecutive eight (8) hour work days or any part thereof seniority shall not apply and notice need not be given. Should work be available in another Classification(s) it shall be offered to the affected employee with the most seniority, provided such employee is able to perform the work of that Classification(s). This type of temporary layoff shall not exceed one (1) normally scheduled work week in any calendar year, or forty (40) working hours in a calendar year. The Company will supply employees and the Union with a copy of a standard form when this clause is invoked.
11.03 Recalls/Internal Recalls
(a) When recalling employees to work after a layoff, they shall be recalled by seniority in the reverse order of layoff provided they have the ability to perform the work of
that Classification(s) following the normal training/trial period for such job as per Article 12.
(b) Internal Recalls
When an active employee is recalled to a former Classification(s) within their twelve
(12) month recall period, such employee may elect to decline such recall. Any employee declining such recall to a former Classification(s) will give up all rights to return to such Classification(s).
When any employee declines a recall to a former Classification(s), the Company will continue through the recall list by seniority until the position is filled. If such position is not filled through recalls it will be filled by job posting as set forth in Article 12. If an employee has been displaced from more than one (1) Classification(s) due to layoffs or bumps, they shall hold recall rights to all former Classification(s) provided such position becomes available within twelve (12) months of being displaced from the Classification(s). If more than one permanent recall exists at the same time, the laid off employee shall be given and must accept/decline the recall in the Classification(s) that he/she was first displaced from before proceeding to the next choice.
(c) Notice of recall will be given in writing and sent to the employee by courier or by registered mail to the employee’s last known address. In addition to the above, other means of contacting an employee may be attempted by the Company.
(d) The employee shall report back to work no later than five (5) working days after receipt of written notification of recall. If such employee fails to respond to such recall within the said five (5) working day period, without a valid reason, he/she shall lose his/her seniority and his/her right to be recalled.
(e) It is the employee’s responsibility to inform the Company immediately of any changes of address or telephone number.
12.01 Except in cases where employees are returning as per Article 11.03 (a) permanent new jobs and/or vacancies shall be posted on the plant-wide bulletin board(s) on Thursday and removed at 7:00 AM the following Tuesday (unless a Holiday occurs within the job posting period, in which case the posting will remain an additional day for each Holiday which occurs within the normal posting period) and employees with seniority shall be entitled to bid, by means of submitting a signed application to the Personnel Office and obtaining a receipt for same. The posting shall provide the number of expected vacancies, the Classification(s), wage rate, shift(s), and a general description of the duties to be performed.
Employees absent may submit an application directly or such application may be submitted by their Union representative. Employees on layoff will not be eligible to apply for a job posting unless they were laid off out of line of seniority. The Company will notify the Plant Chairperson and the applicants within three (3) working days of the expiration of the job posting, advising them of the results of the posting. The Plant
Chairperson will also be provided with a copy of all the receipts for the applications on file.
Whenever possible the successful applicant will be transferred within ten (10) working days after being advised of the results of the posting or on the date the job becomes available if such date is later.
12.02 The resulting vacancies left by the successful applicants referred to in Article 12.01 above shall continue to be posted until there are no Bargaining Unit applications on file.
12.03 In filling postings the employee with the greatest seniority will receive an on the job training/trial period of a length to be determined by mutual agreement of the Company and the Union. The successful applicant will remain at his/her present job rate until he/she has concluded the on the job training/trial period except where he/she has previously worked in the Classification(s) in which case he/she will receive the job rate. In case the employee is not retained in the job by the Company, or the employee voluntarily elects to give up his/her rights to the job, providing it is within the training/trial period, the employee will be returned to his/her former job. Any other employee affected thereby will be returned to his/her job on a similar basis and thereafter the original job will be filled by the next most senior applicant as per this clause. The Company will continue down the list until a successful applicant is attained.
In the Robotic Press Line/Set-Up Operator Classifications a training/trial period of four
(4) weeks will be provided and may be extended to up to eight (8) weeks by mutual agreement between the Company and the Union. For the Material Handler classification that includes Lift Truck, Janitor, Shipper/Receiver job responsibilities the training period will be ten (10) days which may be extended by the Company. For all other classifications up to a ten (10) day training/trial period will be provided.
12.04 Training/Trial Period
It is the responsibility of the Company to ensure that Employees training for any Classification(s) will be given instruction and opportunity to become qualified employees in the Classification(s) in which they are employed. Such training will be documented and a copy provided to the Union if requested.
12.05 Successful applicants shall not be entitled to more than two (2) successful bids in any twelve (12) month period except that this provision shall not apply to any successful applicant who must revert to his/her former job as the result of someone else being returned to their job.
An employee who bids on a job and is successful but elects to return to his former job and is the successful bidder on a subsequent job posting within twelve (12) months, will not be allowed to withdraw from such second job after moving into the job.
12.06 Temporary vacancies shall be defined as vacancies resulting from an employee’s absence due to illness, accident, vacation, leave of absence or vacancies in temporary jobs of thirty (30) calendar days duration or less, with the understanding such period may be extended by mutual agreement between the Company and the Union.
Employees transferred to temporary vacancies shall receive their own rate or the rate of the job, whichever is greater.
Temporary assignments shall not be used to avoid job postings or circumvent seniority rights.
12.07 Temporary vacancies (30 calendar days or less) shall be filled by mutual agreement between the Company and the Union Committee from the Classification(s) or Associate Group(s) of their choice, by seniority with the most junior employee able to perform the work being required to accept such transfer except where back-up positions are designated.
13.01 The following shall be recognized as Paid Holidays:
Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, two (2) Personal Floaters, and in addition, the extended Christmas Holiday as listed below:
The Christmas Holiday period shall be from December 24 through to January 1 inclusive. Employees shall return to work the next regular scheduled work day following January 1st.
The Company and the Union in the plant may change the date of any of the above holidays by mutual agreement.
Group I: Maintain three (3) personal floater holidays as per current agreement.
Effective January 1, 2020 – one (1) Personal Floater
Effective January 1, 2021 – two (2) Personal Floaters
Effective January 1, 2022 – three (3) Personal Floaters
13.02 The observation of the Personal Floater will be as follows:
(a) Employees will be granted permission by seniority, and the Company will provide an opportunity for employees to take their floaters, and employees will not be unreasonably denied.
(b) In order to receive payment for the holiday an employee shall:
i) Observe the holiday;
ii) Present his/her request for a particular day to his/her immediate foreperson, in writing, at least ten (10) working days in advance;
iii) Employees unable to observe such holiday due to illness or injury shall receive the holiday payment on July 1, provided they are not in receipt of CPP benefits;
iv) If an employee books his/her Personal Floater in accordance with the above and then gets laid off he/she will be entitled to payment;
(c) PPH’s not taken during the contract year will be paid out on the first pay cheque in January 2020, 2021, 2022 of each year provided the employee worked for a minimum of six (6) months during the contract year (including Short Term Work Assignments).
13.03 Employees shall receive full pay at their regular rate for the above specifically named Paid Holidays, provided they have accumulated seniority with the Company and further provided that the employee has worked the scheduled working days immediately preceding and succeeding any of the said Paid Holidays. Any time short of the
regular scheduled shift hours on these two (2) days will be deducted from the holiday pay to which the employee is entitled.
Notwithstanding the foregoing, an employee on approved leave of absence at the time a paid holiday falls or on a qualifying day will be paid for the holiday provided such leave of absence commenced less than fifteen (15) calendar days prior to the holiday and provided such employee returns from leave of absence as scheduled.
Notwithstanding the foregoing, an employee absent on the working day immediately preceding or succeeding a Paid holiday due to illness or injury verified by a qualified physician’s certificate will qualify for the said Paid Holiday provided the illness or injury has commenced not more than ninety (90) calendar days prior to the paid holiday.
An employee shall not lose more than the pay for one (1) holiday for any one unexcused absence.
In the case of an approved weekly indemnity or Workers’ Compensation (WSIB) claim, the Company will pay the difference between the employee’s full pay at his regular rate and the amount of weekly indemnity benefit or Worker’s Compensation (WSIB) benefit, as applicable, received for the day of the paid holiday. However, such make-up will only be paid for holidays which occur within ninety (90) calendar days of the last shift worked by the employee. This payment will be made to eligible employees on the same date as paid out to all workers.
13.04 An employee who performs work on any of the said Paid Holidays set forth aforesaid shall be entitled to receive pay at overtime rates for the work performed on such Paid Holidays in addition to the holiday pay.
13.05 Any employee absent from work due to layoff when a holiday (not including the Christmas Holiday period) is observed shall receive full pay for such holiday provided the layoff did not commence prior to fifteen (15), calendar days for those holidays and thirty (30) calendar days before the Christmas Holiday period is observed.
14.01 The regular working week shall consist of five (5) eight (8) hour days, Monday to Friday both inclusive. The first shift worked for the midnight shift will be Sunday P.M. In the event a regular shift ends on Saturday or starts on Sunday employees will not qualify for overtime premium for such time.
Maintenance and service personnel may from time to time be required to work shifts other than those spelled out, to service, install or facilitate Company equipment for temporary periods not to exceed thirty (30) calendar days and then not to exceed one
(1) hour in deviation from the normal starting and/or quitting time. The Union will be notified and the employee(s) involved will be given at least one (1) week prior notice of same.
14.02 Shifts other than the normal shifts listed in the agreement will be maintained for the life of the Agreement unless changes are agreed between the Company and the Union.
Whenever possible, employees required to change shifts will be given at least one (1) weeks’ notice of such change and such shift changes will be done by seniority in the Classification(s). Except in the case of layoff/bumps, when an employee receives less than forty-eight (48) hours’ notice he/she shall receive time and one-half for the first shift worked. The Union agrees to cooperate with the Company if the hours of work need to be adjusted to accommodate seasonal hours of operation or operational requirements of the Company. No changes will be implemented until meaningful discussion has taken place between the Union and the Company.
Should work be required on third shift, the Company shall first solicit volunteers who have the skill and ability to perform the work in their classification and back up positions as required. If there are insufficient volunteers, the work shall be assigned to the most junior employees with the required skill and ability to perform the work.
14.03 No employee shall be penalized for failure to clock-in, providing he/she notifies his/her Supervisor prior to the end of his/her next working shift. However, the Company limits the employee to two (2) failures per month. On the third occasion, the employee will automatically lose fifteen (15) minutes pay.
14.04 An employee who will be absent or late must call in at least one half (1/2) hour prior to shift start time and report such. Telephone call–in number is (000) 000-0000.
14.05 Rest Periods – Lunches/Shifts
(a) On each three shift operation (i.e. line), there will be one, ten (10) minute break and a twenty (20) minute paid lunch. However, the Company reserves the right to find an alternative work schedule that may create the opportunity of having employees work for a full eight (8) hours shift and get a thirty (30) minute unpaid lunch. In this instance, an employee will get two, ten (10) minute breaks.
(b) The following shifts listed below will be maintained for the life of the agreement unless changes are agreed between the Company and the Union:
First shift 6:30 a.m. to 3:00 p.m. Second shift 3:00 p.m. to 11:30 p.m. Third shift See (b) above.
NOTE!! Each shift above has the following:
First shift only one (1) fifteen (15) minutes paid break in the a.m. of the shift and one
(1) ten minutes paid break in the p.m. of the shift; and one (1) twenty five (25) minutes unpaid lunch. Second shift one (1) ten (10) minutes paid break in the first half of the shift and one (1) ten minutes paid break in the second half of the shift; and one (1) thirty (30) minutes unpaid lunch.
(c) Shift Clarification
In the event that there is a change in the number of shifts in the plant and we become a one (1) two (2) or three (3) shift operation or we remain a two shift operation.
The shifts maintained will be as follows unless changed through mutual agreement:
i) One (1) shift operation will be scheduled on the day shift
ii) Two (2) shift operation will be scheduled on the day shift and afternoon shift (rotating)
iii) Three (3) shift rotating operation will be scheduled on day shift, followed by the midnight shift followed by the afternoon shift.
(d) Change of shift – An employee may change his/her shift voluntarily when a permanent opening occurs in the same Classification(s) to fill an opening on another shift. Such selection shall be based on seniority.
If the Company establishes a permanent shift or shift schedule for a Classification(s) presently on a rotating schedule, a preference will be given to the qualified employee in the Classification(s) with greater seniority.
(e) Employees temporarily switching shifts shall not carry their job Classification(s) seniority on to the temporary shift.
(f) In cases of work shortages where employees are being sent home or re-assigned such selection shall be based on seniority in the Classification(s) affected
15.01 During times when employees are on layoff, there may be occasions when production requirements will create a need for employees on layoff to work, to supply customer demands.
It is not the Company’s intent to work any prolonged periods of overtime while seniority employees are on layoff and to avoid such situations the Company will provide straight time work opportunities to laid-off production employees. To this end, laid-off workers can be used for short term work assignments after all regular employees have been asked as per Overtime Language(s). However, in emergency situations, overtime can and will be used. The Company will provide the Union a written explanation and the circumstances involving any and all emergency situations. Examples of emergency situations for the purpose of this provision are:
1) Equipment failure or tooling failure which would cause possible missed shipment to customer.
2) Vendor (or Supplier) late delivery, e.g. material.
3) Customer release change – increased requirements from short notice or insufficient lead time from customer. The Company will provide the Union with documentation and/or proof of short notice on increased orders by our Customers.
4) Manpower – absenteeism.
5) Customer engineering changes resulting in additional scheduling requirements.
6) Pre-production launches on new and take-over business.
15.02 Short term work assignments will be used to cover production spikes, PPH, Vacations, General Absenteeism, WSIB, Weekly Indemnity, Extended Disability, Personal Leaves, Bereavement absences and any other kinds of leaves (maximum of no more than 8 weeks for absences related to Weekly Indemnity or WSIB claims) provided laid off workers are available and qualified.
Employees to work on short term work assignments will be as follows:
(a) At the time of layoff, employees will indicate whether or not they will be available for short term work assignments.
(b) A Committee person, upon being advised of the requirements, will call-in laid off employees to work such short term work assignments.
(c) Laid off employees will not be eligible for call-in pay.
(d) All calls will be done by seniority. If the employee cannot be reached by phone (home phone) for any reason, he will be deemed not available and we will proceed to call the next employee on the list.
(e) Any employee who refuses short term work assignments would not be subject to termination.
(f) Any employee called to work on short term work assignment for thirty (30) days in any three (3) consecutive month period, will not be subject to benefit reinstatement. However, any employee who works greater than thirty (30) days in a three (3) consecutive month period will be entitled to benefit reinstatement.
(g) Employees recalled working on short term work assignments must be willing, able and qualified to do the work available without a training period.
(h) This will confirm our agreement that laid-off workers who perform short term work assignments as per Article 15.01 of the Collective Agreement will receive the following:
(Paid Holidays, consistent with the usual qualifiers; Bereavement Leave and pay; Safety Boots; Social Justice Fund contribution; Pension Credits; Vacation pay accumulation).
Laid off employees who work as prescribed in Article 15.01 will not be allowed time off to observe vacations, personal floaters, etc. However, such employees will be allowed to “book,” not take, and be paid the floater as in Article 13.02 (b) (iv).
Employees will only be eligible for such benefits on and for the days on which they worked.
The 48 months referred to in Article 10.03 (f) shall commence on the date of the official layoff and work opportunities for laid off employees, as described in Article 15.01, paragraph 2, shall not change the commencement date of this 48 month period.
15.03 Overtime Calculation:
For the purpose of overtime calculation only, approved or scheduled time off work will be considered the same as time worked.
(a) The overtime rate of pay shall be time and one-half (1.5x) for hours worked in excess of a total of 40 hours from Monday through Saturday inclusive. Hours worked shall include the following: Holidays and paid Union Leaves. The Company will not rely on the 40 hour rule contained in this clause if it has scheduled a layoff for an employee being affected by this provision during the week.
(b) The overtime rate of pay shall be double time (2x) for work performed on Sundays and Paid Holidays.
15.04 No employee shall be compelled to work overtime.
The Company and the Union recognize that the manufacturing operations of the Company are highly and completely integrated with Single Sourcing and Just-In-Time delivery requirements of the Company’s customers which may from time to time require emergency overtime. In such situations the Company agrees to meet with the Plant Committee to discuss such overtime assignment and the necessity to have the overtime worked. The Company will give as much advance notice as possible.
15.05 Overtime Posting
The Company shall post in each department
or mutually agreed areas of the plant Supervisor’s office a list of employees who have accepted or refused overtime agreed to work overtime. Each employee who has agreed to work overtime must sign the list.
For daily overtime, employees are required to sign the overtime sheets by the end of the first shift break. For overtime on the weekends, the employee is required to sign the overtime sheets by the end of the first shift break on Wednesday.
The overtime sheets will be dated, timed, and witnessed by a Union representative and a copy provided to the Union. The Union will have access to review and if requested receive a copy of the overtime lists.
The overtime sheets for the Plant will be posted at least (2) two hours before the end of the employees last regularly scheduled shift proceeding the overtime during the week and at least (4) four hours prior to the end of the employees last regularly scheduled shift proceeding the weekend.
If no objection is raised at least (1) one hour prior to the end of the shift, it will not be the subject of a grievance. Should a valid objection be raised at least (1) one hour prior to the end of the shift and it is not acted upon by the Company, it will result in payment to the employee and their overtime equalization will be credited accordingly.
When there is a twenty (28) hour variance or less in overtime hours between employees, and the wrong employee(s) are asked to work, the Union agrees this will not be subject to payment.
15.06 Incapacitated/Modified/Work hardening employee(s) Overtime
(a) Employees with temporary restrictions, placed on modified duties or work hardening duties shall not be entitled to overtime.
(b) Employees that have provided the Company and the Union satisfactory medical evidence of permanent restrictions and have been placed in modified duties with the mutual agreement of the Company and the Union overtime shall apply as follows:
i) They will not be entitled to work overtime on jobs other than those spelled out in their modified duties.
ii) Should their overtime hours entitle them to work and there is work available within their normal modified duties they will be entitled to work.
iii) Should their overtime hours entitle them to work but there is no work available within their normal modified duties they will be charged as if they had refused.
(c) Incapacitated Workers/Modified/Work hardening employees(s) will have their hours credited as per Article 15:08.
(d) It is the intent of the Company and the Union that in the event an employee becomes physically handicapped and is unable to continue his/her job, with or without modifications, that every reasonable effort will be made to place such employee in another job as soon as possible.
This provision shall not preclude the Company from placing an employee who has suffered an injury or illness on another job within his/her capabilities. Immediately upon such placement, the Union will be advised. The Company and the Union will then review all relevant circumstances and will make every reasonable effort to determine, by mutual agreement, the most appropriate work for such employee in
light of his/her capabilities. Such determination will be made in accordance with the following terms and conditions:
i) When another job is or can be made available within the Bargaining Unit the Company and the Union may by mutual agreement assign such employee to the job, provided the employee has sufficient seniority to work within an agreed Classification(s). All exceptions to the seniority provisions of the Collective Agreement must be mutually agreed to by the Company and the Union.
ii) All such placements should be in an existing Classification(s) and as closely related to the injured workers regular job and shift as possible.
iii) An employee assigned under this provision must submit proper medical evidence of his/her disability with restrictions and limitations clearly identified.
iv) In the event of concerns related to an employee’s capabilities, then arrangements will be made with an independent medical specialist selected by mutual agreement who will assist the parties in making a final binding determination.
v) An employee under this provision must update his/her medical evidence as required, which may be reviewed by mutual agreement by an independent medical specialist.
vi) The Company and the Union will monitor employees under this provision to ensure the terms and intent of this Letter are being respected.
vii) Employees placed under this provision will be paid the rate of the job or their former rate, whichever is the greater.
viii) This provision will apply equally to all disabled employees.
ix) The layoff and recall provisions of the Collective Agreement shall apply in the same manner as if the person had not been disabled.
x) The Company and the Union agree that as soon as employees placed under this provision are able to return to their normal job functions that they shall be returned to such position.
xi) Any disputes regarding this provision will be subject to the grievance procedure.
15.07 Weekend Overtime Distribution
The Company will distribute overtime
on five (5) hour shifts. In the event more than five (5) hours of overtime is required, the Company will notify the Union in advance of their intention on weekends for the hours required. The Company can only increase overtime hours schedule overtime for the following reasons:
(a) Where more production is required;
(b) In the event of an emergency;
(c) Material shortages/Engineering changes;
(d) Where immediate shipment is required and customer’s demands are to be fulfilled;
(e) Where equipment/tool maintenance is required.
15.08 Overtime Offer and Distribution
(a) The Company will distribute overtime as equitable as possible among the employees within the Classification(s) on the shift where the overtime occurs. Overtime will be distributed and offered on a low person concept in that the person with the lowest record of overtime hours will be the first offered an opportunity for overtime. An employee who is asked but does not work the overtime hours outside of his/her regular classification will not be charged the overtime hours.
Where reasonably possible employees will be notified the workday before weekday overtime, Thursday before Saturday overtime and Friday before Sunday overtime.
(b) 1. Any offer of overtime which is refused will be charged to the employee as overtime worked for the purpose of equalization of overtime providing the following is given:
i) 4 hour advance notice for weekday overtime
ii) Advance notice no later than the first hour of the prior corresponding shift for weekend of holiday shifts that are extended past the agreed time.
2. An employee absent, when asked overtime is distributed, who would have been asked to work, will be charged the hours worked for the first thirty (30) calendar days of continuous absence after which they will be charged upon their return to work with the average hours of overtime worked after such thirty (30) calendar day period.
(c) An employee entering a Classification(s) or voluntarily changing shifts on a permanent basis will be charged the highest hours of overtime in the group.
An employee required to switch on a permanent basis will be credited with the average hours in the Classification(s) upon entering the new shift.
In the event an employee is on a temporary shift change (30 calendar days or less) he/she will be assigned overtime on his temporary shift after all other employees in the same Classification(s) on that shift have been asked for overtime. When the employee returns to his regular shift, he/she will be credited with his original hours as well as any overtime hours he/she accumulated during his temporary shift change.
If the Company is unable to obtain sufficient employee(s) within the Classification(s) on the shift for overtime, the opportunity will be given to the employee(s) with the least amount of overtime on the shift capable of performing the work to be done without training.
If employees are absent when overtime is being assigned for weekday/weekend overtime, the Company will ask other eligible employees. If the absent employees upon return to work were eligible to work the overtime he/she will notify his/her Supervisor. The eligible employees will then be offered the scheduled overtime. The supervisor will notify the employees to report to their overtime assignments.
2. Employees called at home who refuse the overtime will not be charged for such hours. Any employee absent except in the case of a disciplinary suspension may advise the Company in writing prior to such absence of their availability and desire to work overtime and they will be assigned to such overtime if their hours entitle them to work. It will be the responsibility of the absent employee to confirm their overtime status. This provision is not meant to limit employees from working on a weekend following a period of disciplinary suspension. Any employee on vacation may advise the Company in writing prior to such absence of their availability and desire to work weekend overtime if their hours entitle them to work.
3. There will be a Union Representative present when the Company is required to call employees at home for overtime.
(e) A written list of employees scheduled to work overtime will be given to the xxxxxxx involved no later than (2) hours prior to the end of the shift preceding the overtime. Supervisor and xxxxxxx will jointly review the list for errors or omissions in eligibility.
In the event there are errors or omissions of eligibility and it is brought to the attention of the supervisor the Company agrees to correct the problem prior to the overtime being worked.
(f) The Company will maintain records of all overtime worked and charged which will be posted and revised
daily every Monday and Wednesday by 8:30 am. The Union will be provided with a copy of such records weekly.
(g) Employees asked to work at least two (2) hours overtime on a regular work day will receive a ten (10) minute break at the end of their regular shift or at the end of the overtime, if it is overtime prior to the start of the shift.
(h) Employees who cancel after having accepted to work for extended shift overtime less than one (1) hour prior to the end of their regular scheduled shift preceding the overtime, will be credited with double (2x) the equivalent amount of straight hours as if they have worked the overtime.
Similarly, employees who do not complete an overtime opportunity for any reason other than work related injury will be credited double (2x) the equivalent amount of straight time hours for all hours not worked.
When a Classification(s) has been exhausted for weekend overtime an employee of the same Classification(s) with fewer overtime opportunities may be offered overtime in his/her Classification(s) on another shift. Anyone being offered overtime under the above situation when proper notification is given, will be charged the overtime hours scheduled if refused.
When only one (1) shift is scheduled for weekend overtime, an employee with fewer overtime hours will be offered the overtime in his/her Classification(s) on another shift.
Overtime will be offered first to the employee in the classification by low hours and by shift. If additional employees are required then overtime will be offered as follows:
(a) Employees in classification on shift;
(b) Employees in classification off shift;
(c) Active employees that have been laid off or bumped from a classification within the first one (1) year of recall period will be used in temporary vacancies before back up employees are used.
(d) If there are still not enough employees available, the work will be offered to employees in another classification who have identified their availability for overtime providing they are able to perform the work required without training.
(i) Overtime hours will be zeroed, by mutual agreement by the Company and the Union Committee, on the first Monday following the Anniversary date of the Collective Agreement.
16.01 An employee reporting for work without having been advised that there is no work shall receive a minimum of three (3) hours pay at the applicable hourly rate, unless it is beyond the Company’s control. A Plant Committee member or xxxxxxx will be notified at the earliest opportunity of the decision.
16.02 Any employee who is called to work as a result of emergencies and works three (3) hours or less shall receive a minimum of three (3) hours pay at the applicable rate.
The parties have agreed to a pay as you go vacation holiday/payment protocol; vacation pay shall be based on regular earnings (excludes vacation pay on vacation pay).
17.01 The vacation year for calculation purposes shall be from June 1st to May 31st or closest pay period to it during the term of this Agreement. The Company may require all
employees, subject to this Agreement, to take a vacation period and may close the plant or any part of the operation for that purpose at any time convenient to the Company, between July 1st and September 1st in any year, but not to exceed two (2) consecutive weeks and employees shall be notified by April 30th.
If any of the Paid Holidays occur during an employee’s vacation, the employee will be granted an extra day off with pay at the beginning or end of the vacation. Employees who are scheduled to remain on duty during any plant shutdown or who have vacation entitlement in excess of two (2) weeks will be allowed their vacation at a mutually convenient time.
The Company will not unreasonably deny any such requests. Responses will be in writing and the Union will receive copies of all requests and responses. Any denial will include an explanation and alternative dates for the employee’s consideration. If work is required during a vacation shutdown period, the opportunity to work will be offered to employees by Classification(s) seniority.
17.02 Vacations shall be taken in the year of entitlement and shall not be cumulative.
Employees will be required to take a mandatory two (2) weeks’ vacation. Employees not scheduled to take the mandatory two weeks by March the 1st of any year of entitlement shall be scheduled by the Company.
Vacation with Pay
Vacation to be paid in accordance with the current schedule, except as noted below and at the time that the employee takes his/her vacation.
Vacation Pay Method
Vacation pay will be paid based on the employee’s average hourly rate (calculated on the basis of the employee’s earnings from the previous year) multiplied by the number of hours taken. In addition the employee will receive a lump sum payment of
4% 6% ( 6% 8% for employees with 5 or more years of service) of the employee’s overtime earnings from the previous year, in December of the current year (less normal and statutory deductions).
An employee who has been off work as a result of a current WSIB or WI claim and receiving temporary income replacement benefits will be eligible for vacation time off and pay in accordance with his/her seniority in the year following the onset of the claim.
An employee’s vacation entitlement will be prorated so that for every
thirty (30) sixty
(60) consecutive days of layoff during the vacation earning period, an employee’s vacation time off and pay will be reduced by 1/12th of his/her entitlement.
Effective date will be for the vacation earning period beginning June 1.
An employee who has not taken all of his vacation entitlement by the end of the vacation year, will be paid all of his earned but unpaid vacation in one lump sum on the first pay cheque in July and no additional vacation time will be owed to the employee.
The agreement will be adjusted to reflect the new vacation entitlement, but existing employees on the Company’s seniority list as of December 4, 2002 shall have any payment entitlement paid out based on the formula in place prior to December 4, 2002 or until they reach a new vacation entitlement level under the new schedule.
17.03 New Vacation Entitlement Program
Effective the date of ratification, an employee’s existing vacation entitlement shall be honoured for the term of the new CBA but this entitlement will not increase during the term of the new CBA. New employees shall be entitled as follows: Each employee will be granted an annual vacation with pay in accordance with the following provisions. The employee will receive vacation with regular pay for each day.
Seniority as of June 30th;
Less than 1 year 1 day per month to a max of 10 or 4% 1 year but less than 5 years = 10 days
5 years but less than 15 years = 15 days 15 years but less than 30 years = 21 days 30 years + = 26 days
18.01 Employees on the active payroll who have completed their probationary period with the Company shall be eligible for the Life Insurance Benefit of $36,000.00.
18.02 Employees on the active payroll who have completed their probationary period with the Company shall be eligible for Accidental Death and Dismemberment Insurance in the amount of $26,000.00.
18.03 Effective July 29, 1995 retirees shall be eligible for Life Insurance of $5,000.00. Retirees who retired on or after July 29, 1998 shall be eligible for Life Insurance of $6,000.00. Effective the date of ratification, retiree Life Insurance to be available for employees who had at least twenty (20) years of credited service with the Company prior to their retirement, shall be eligible for Life Insurance of $6,000.00.
If a dispute shall arise pertaining to this Insurance Plan:
(a) The Union and the Company shall review the matter on the day the objection is raised;
(b) If an agreement is not reached within three (3) days of such meeting, the Union may present a grievance as described in Article 7.04 (Grievance Procedure) of the Collective Agreement. The grievance shall be discussed within five (5) working days from the date the grievance was submitted to the Company: unless it is mutually agreed to extend the period;
If the matter is not resolved through the Grievance Procedure, the Union may invoke one (1) of the following procedures: any means available, including from
vacation monies, if it is subsequently determined that the employee was not entitled to such benefits.
The Union and the Company shall review the matter and determine the type of third party medical opinion (i.e. General Practitioner or Specialist) provided that a dispute arises involving a difference of opinion between two qualified physicians or a dispute between the employees physician and the insurance Company.
The Union and the Company shall agree on the legally qualified physician who will be clearly mandated by both parties to render the binding impartial third party decision. Agreement on the third party shall be reached in a reasonable and expeditious manner. All communication with the selected physician will be done jointly and both parties will share relevant information on any matter in dispute.
Any employee who is party to this dispute resolution process will agree to sign a waiver/release that enables the Company and Union to review any relevant medical information.
(c) The Union can refer the dispute to arbitration.
The employee shall continue on disability claim during the period of dispute to a maximum of four (4) weeks. The Company shall have the right to recover the monies by any means.
The employee shall continue on disability claim during the period of dispute to a maximum of four (4) weeks. The Company shall have the right to recover the monies by any means available, including from vacation monies, if it is subsequently determined that the employee was not entitled to such benefits. The parties shall review all medical evidence twenty-one (21) days prior to arbitration and may mutually agree on what evidence may be submitted in arbitration as admissible evidence.
As an exception to the normal process either party may utilize the expedited arbitration provisions of any current legislation.
19.01 The Company will provide the following benefits to employees on the active payroll (including spouses and dependents) who have completed the probationary period as per Article 10 of this Agreement. Additionally, Retiree health benefits to be available for employees who had at least twenty (20) years of credited service with the Company prior to their retirement, all retirees plus their dependents will be restricted to ODB drug formulary only. (Weekly Indemnity and Extended Disability benefits are excluded).
Only a retiree’s spouse and dependents on record at the time the retiree retires will be eligible for retiree health benefits in accordance with the terms of the CBA and insurance contracts. Where an active employee dies, the family of such deceased employee will receive benefits coverage for an additional period of two (2) years.
The benefits provided herein and under Article 18, shall be the subject to the terms and conditions which are contained in the current policies and contracts.
This provision will not preclude the Company’s right to select and/or change Carriers.
Should the Company consider changing the Carriers for any of the benefits provided under the Collective Agreement the Union will be given ninety (90) days’ notice to have input into any such decision. The Company shall give consideration to any proposal brought forward by the Union. Any decision to change Carriers shall be based on the cost and service provided by prospective Carriers.
(a) Weekly Indemnity of sixty (60) percent of regular weekly earnings to a maximum of
five hundred and twenty-five (525) dollars per week, increasing to five hundred and fifty (550) dollars effective July 29, 2002 five hundred and sixty-five dollars ($565.00) or the EI maximum whichever benefit level is greater. The benefit is payable from the day of the accident or the first day confined to hospital (including a surgical procedure as an outpatient or in a Doctor’s office) or the fourth day of sickness.
The benefit will continue for up to thirty (30) weeks (commencing December 16/2002), during which the covered person is under the regular care of a physician, legally licensed to practice medicine. The parties agree to register a PLAN with the Employment Insurance Commission that shall offset payment of benefits by the Company to the maximum allowed by EI. The Union agrees on behalf of the membership that the Company is to keep 100% of any E.I. rebate in consideration for increased benefits.
In cases where a WSIB claim is involved an employee may apply for and receive weekly indemnity benefits and Extended Disability benefits, subject to an appropriate waiver, provided the employee meets the applicable disability requirements. The insurance policy will be amended to delete work related ineligibility.
Any additional medical evidence after the first submission, being requested by the Company or the Carrier, will be paid by the Company, provided that the initial claim form has been completed as required. If the employee cannot meet the return to work date or there is no return date specified, as indicated on the disability form, any request for additional medical evidence will be paid by the employee. Income tax will be deducted at source from Weekly Indemnity and Extended Disability benefits.
(b) Prescription Plan
1) Each employee is provided with an I.D. Card. On receipt of eligible prescriptions, the employee will pay the pharmacist two (2) dollars and present the I.D card. (The policy will provide the same eligibility rules for eligible dependent children up to age 19 or if the child is enrolled in an accredited university of college, up to age 23).
2) The plan will continue to utilize “generics” where possible.
3) The Prescription Drug program = Dynamic Therapeutic Drug Formulary will apply.
4) Only drugs requiring a prescription from a physician, legally licensed to practice medicine shall be covered (i.e. no Over-The-Counter drug coverage). OTC drug products to be covered include the following:
*for which there are no alternatives, and lack of access to them could lead to life, limb, or organ-threatening disease;
*required for use in combination with another ODB (Ontario Drug Benefit) covered drug product;
*whose removal would likely lead patients to switch to other toxic and/or more costly alternatives;
*used to treat a communicable disease with a significant public health impact;
5) There shall be an $8.00 maximum on drug dispensing fees. In addition to the
$2.00 deductible there will be a co-payment on prescription drug purchases of 90% paid by the Company and 10% by the employee. There will be a maximum payment cap of three hundred and ten dollars ($310.00) per employee.
(c) Vision Care
Including coverage for Laser Eye Surgery of
$250.00 $300.00 will be provided every thirty (30) months. The above thirty (30) month period will be amended to once every fifteen (15) months for a prescribed lens change.
The benefit for special contact lenses is $240.00.
(d) Dental Plan
The dental fee schedule will be the 2019 ODA fee schedule and basic recall service to be once every nine (9) months. The yearly maximum for Dentures, Crowns and Bridgework will be $1,600.00 (with coverage to replace natural teeth regardless of the date of extraction). Periodontic scaling will be limited to a maximum of 6 units per year. The lifetime orthodontics maximization is $2,100.00, which can be expended in any time period (offered to retirees on a 50/50 co-pay basis).
Periodontic, Endodontic and Routine benefits for active employees and their eligible dependents will be provided on a 90/10 co-pay basis. Periodontic and Endodontic benefits for retirees and their eligible dependents will be provided on a 50/50 co- pay basis. Effective July 29, 2002, white fillings will be covered.
Effective January 1st, 2020, the dental fee schedule will be the
2016 2019 ODA fee schedule and basic recall service to be once every nine (9) months.
Effective January 1st,
2018 2021, the dental fee schedule will be the 2017 2020 ODA fee schedule and basic recall service to be once every nine (9) months.
Effective January 1st,
2019 2022, the dental fee schedule will be the 2018 2021 ODA fee schedule and basic recall service to be once every nine (9) months.
(e) Extended Disability Benefits Plan
With the following provisions:
i) Employees shall be eligible for benefits under the Plan upon exhaustion of Weekly Indemnity benefits;
ii) Benefit levels under the Plan shall be $1950.00 per month and be offset if the employee earns employment income during his/her time while on benefits. If any employee becomes employed elsewhere during his/her disability period, he/she must inform the Company and if benefits or pension is being provided or accrued such benefits and/or pension accruals will be terminated on the date the employee started employment. If the employee becomes unemployed, the Company will reinstate and employee’s benefits and pension accrual effective the later of the date the employee informs the Company in writing or the end date of his employment elsewhere and in accordance with the plan provisions and the terms of the CBA. Current recipients to receive a benefit level of not less than $1,400 per month;
iii) Benefits payable under the Plan shall be reduced by the amount of benefit payable under the disability provisions of the Canada Pension Plan and/or under Workers’ Compensation (WSIB) legislation in respect of the disability for which Extended Disability Benefits are payable; Notwithstanding the foregoing, reductions for the amount of benefit payable under the disability provisions of the Canada Pension Plan will only be made under the following conditions:
The employee did not apply for CPP disability prior to the termination of weekly disability benefits, or, the employee is in receipt of CPP disability benefits.
iv) Reductions under (iii) above shall be limited to the originally determined employee amounts and shall not include subsequent cost-of-living adjustments to such amounts;
v) The maximum duration of benefits under the plan will be equal to the employee’s service at the time of his/her disability minus twelve (12) months, or if the employee’s service is ten (10) years or more at the time of his/her disability, until he/she attains age 65;
vi) “Disability” for the purposes of the Plan shall be defined as totally disabled from the employee’s own occupation for the waiting period (30) weeks, effective December 16, 2002 and next two (2) years of disability; from then on to end of eligibility, totally disabled from any occupation for which the employee is reasonably fitted by education, training or experience;
vii) Any recurrent disability that is separated by return to active full-time work for less than three months will be deemed to be one period of total disability.
viii) Following the period ending two (2) years after an employee goes on LTD; he/she will be placed on the same benefit plan as retired employees while he/she continues receiving LTD benefits. Once LTD benefits cease and the employee does not return to active employment and provided the employee is eligible to retire, he/she will retire and continue to receive retiree benefits in accordance with the terms of the Collective Agreement.
(f) Major Medical Plan
Major medical plan with coverage as per the existing plan with changes as described herein:
An overall health care maximum benefit of $60,000.00 ($30,000.00 for private duty nurse) every three consecutive calendar years will apply. Provision of insulin pump kit, lymph press/sleeve and inflatable penile prosthesis is covered by the plan.
Every employee and their dependent will be provided with
five hundred dollars ($500.00) seven hundred dollars ($700.00) each calendar year for paramedical services that will include Chiropractor/Osteopath, Naturopath and Podiatrist, Psychologist, Masseur, Physiotherapist and Speech Therapist.
Hearing aid devices to provide a maximum benefit of eight hundred dollars ($800.00) per person, in any thirty-six (36) month period. One (1) hearing aid test for employees every thirty-six (36) months at a site to be determined and paid for by the Company. Special shoe inserts to provide a maximum benefit of $700 per person, in any thirty-six (36) month period.
(g) PSA test and C125 test to be covered annually for employees.
19.02 An employee who is absent from work for three (3) working days or more due to illness or injury, upon return to work must provide to the Company a doctor’s note. The note must confirm that the employee has been under medical care and what their present status is.
Should the cause of the absence be work related, a doctor’s note must be provided even if the absence is only for one (1) day.
19.03 All Company paid benefits will remain in effect for a period of four (4) months beyond the month of layoff and all Company paid benefits will remain in effect while an employee is in receipt of temporary benefits from; Weekly Indemnity, Extended Disability or Worker’s Compensation benefits (WSIB) for a period of no more than two years.
Notwithstanding the foregoing employees on layoff who have exhausted benefit eligibility who are then recalled from layoff will not be eligible for benefit coverage again on layoff until the completion of 30 days of active service in any three (3) consecutive month period, except that such employees shall have benefit coverage while at work and to the end of the month of layoff, if such layoff occurs prior to the completion of 30 days of active service after recall.
Employees who are laid off and who subsequently wish to retire will be ineligible for benefits under Articles 18 & 19 as retirees if the Company has sent severance and/or termination pay in respect of that employee to the Ministry of Labour unless the employee obtains those funds from the Ministry and remits them in full to the Company within 4 weeks’ of the employee’s retiree date.
The Company may choose to offer and if it does, an employee/retiree (includes dependents) may choose to opt out of the Company health benefits plan at any time. The effective date of an opt out decision will be the first of the month after such decision is made by the employee or retiree. For each full month that the retiree is not covered by the Company’s benefit plans, the retiree will receive a monthly payment (less normal deductions) to be determined by the Company.
Benefit coverage will cease if a retiree begins to work for another employer and is eligible to receive benefits with his/her new employer. However, if the retiree is no longer working for another employer and notifies the Company in writing about the change in their employment status, the retiree will be provided medical benefits in accordance with medical plan policies and the terms of the CBA. A retiree who is working elsewhere after retirement and who is on the Company’s health and medical programs must report his employment status to the Company as required by the Company.
19.04 The Company shall have the right, and an employee claiming payment for disability (i.e., Weekly Indemnity, Extended Disability) shall afford an opportunity for examination of the employee by a physician appointed by it, when and as often as it may reasonably require while a claim for benefits is pending.
An employee required to travel more than 50 kilometers (one way) for a medical examination ordered by the Insurer shall be reimbursed on the basis of 30 cents per kilometer.
19.05 The Company agrees to contribute one cent ($0.01) per hour worked to the Social Justice Fund. The Company agrees to forward the contributions quarterly to:
The Bank of Montreal Transit No.2465 Account No.1018-788
The Company will forward the number of employees, the number of hours used in the payment calculation and the period of time covered to all Plant Chairpersons and to the following address at the same time the contributions are made:
UNIFOR-SOCIAL JUSTICE FUND
000 Xxxxxx Xxxxx XXXXXXX, XX X0X 0X0
19.06 Downloaded changes in government sponsored health and medical plans/services/programs will not be applied to Company provided employee health and medical service/programs unless mutually agreed to in writing by the parties. Should the government legislate changes to benefits or pension plans (ie. Solvency funding
relief measures) which offer cost reductions but no change in benefit value to the employees, the Union agrees to support and if required incorporate these changes in the Company’s benefit and pension plans.
19.07 Benefit Booklets
All employees to receive a copy of the benefit booklets within thirty (30) days of ratification.
20.01 The Company-paid Pension Plan shall be continued as amended, with the following provisions:
(a) Credited service to be based on one (1) year’s credit for each 1,700 hours worked, with proportionate credit for hours less than 1,700: In addition, hours will be credited at the rate of forty (40) hours per week to cover:
i) absence while in receipt of temporary benefits from; WSIB, Weekly Indemnity or LTD; to credit service for no more than one (1) year.
ii) absence while on authorized Union leave of absence, subject to Revenue Canada limits;
iii) absence while on authorized public office leave, except as provided for in Article 27.08
iv) absence due to observance of paid holidays; and,
v) absence due to annual vacation;
vi) absence due to the employee being on layoff, provided the employee has been credited with at least 170 hours in the year the employee was laid off;
(b) Monthly Pension Benefits will be provided as follows for each year of service commencing after July 29, 1989:
Effective: July 29, 2000=$46.00
(c) All past service prior to the effective date shall be raised to current levels.
One hundred and seventy (170) hours shall be required for a minimum credit in a plan year.
(d) The effective date shall be July 29, 1989.
(e) There shall be a Joint Board of Administration consisting of six (6) members, three
(3) of whom shall be appointed by the Company, and three (3) by the Union.
(f) All new employees hired after November 18, 2013 shall not become members of the Pension Plan.
(g) The normal form of Pension Payments will be Life Only Pension for all future credited service effective the date of ratification.
i) For a retiring member with a spouse, a pension payable for the member’s lifetime and a pension of 60% of the member’s pension to the eligible spouse for the lifetime spouse;
ii) For each year in excess of five (5) that a spouse is older or younger than the member, the spouse’s pension benefit will be increased or decreased, respectively, by two percent (2%);
iii) The joint survivor form of pension may be waived by written agreement of both spouse and member, and an actuarially equivalent alternative option may be chosen.
iv) For a retiring member with no spouse, a pension payable for life.
(i) Effective July 29, 1995, then current retirees’ benefits were increased by $10.00 per month per year of service. Such retirees’ benefits were subsequently raised by 42.00 per month, per year of service on July 29 in 1996 and 1997. Under the terms of the 1995 -2001 Pension Plan, increases of $2.00 per month, per year of service will also be granted on July 29 in 1998, 1999 and 2000.
(j) In 1995 it was agreed that effective July 29, 1995, the normal retirement pension and the Special Allowance, if any, of a Member who retired after July 29, 1995, would be increased on July 29, 1996 and on each subsequent July 29 of the following (4) years at a rate equal to 90% of the average rate of increase in the Consumer Price Index during the previous 12 months ending on May 31, of the year in which the increase takes place, provided, however, that the increase shall be reduced where necessary so that the benefit rate after the increase does not exceed the corresponding benefit rate applicable to an active member retiring on that date.
(k) For a retiring member with a spouse, a pension payable for the member’s lifetime and a pension of 60% of a member’s pension to the eligible spouse for the lifetime of the spouse based on an actuarial equivalent to a Life Only benefit.
21.01 When a death occurs in an employee’s immediate family, i.e. brother, sister, stepbrother, stepsister, stepchild, stepparent, brother-in-law, sister-in-law, grandparent, grandchild or current spouse’s parent, the employee will be granted, upon application, a leave of absence with pay for three (3) normally scheduled working days, excluding Saturday, Sunday and holidays which may occur commencing with the date of death.
When a death occurs in an employee’s immediate family, i.e. current spouse, daughter or son, mother or father, upon application, the employee will be granted a leave of absence with pay for five (5) normally scheduled working days excluding Saturday, Sunday and holidays, which may occur commencing with the date of death.
When the death of an employee’s current spouse’s grandparents occurs, upon application, the employee will be granted a leave of absence with pay for one (1) normally scheduled working day, excluding Saturday, Sunday and holidays which may occur commencing with the date of death.
22.01 The Company will make up the difference between the amount of money per day, less travel expenses, an employee received while required to attend for selection or serving as a member of a jury on a scheduled working day, including coroner’s jury, or subpoenaed as a Crown witness, to an amount equal to the normal eight (8) hours pay which he/she would have been eligible to receive for working that day.
22.02 Any employee who, by reason of any summons or subpoena, is required by law to do anything, shall be granted an immediate leave of absence for the period of time required for such employee to complete anything that the employee is required to do by reason of any such summons or subpoena and the employee shall retain and accumulate seniority and benefits while on such leave of absence.
23.01 The Company shall make adequate provision for the safety and health of all employees during the hours of employment.
23.02 The Company shall make every effort to comply with all applicable legislation pertaining to occupational health and Safety and all provisions of this article shall be adopted as Company policy.
23.03 The Company and the Union jointly agree to promote measures to assure the health and safety of all employees. The Company will supply the Union with a copy of any in- plant injury first aid report.
23.04 The parties agree to set up a Health and Safety Committee with membership comprised as follows:
With a Bargaining Unit population under 125 there will be two (2) members representing bargaining unit employees selected by the Union and two (2) members representing the Company selected by Management. With a Bargaining Unit population of 125 or more there will be three (3) members representing bargaining unit employees selected by the Union and three (3) members representing the Company selected by Management. The Health and Safety Committee will have Co-Chairpersons, one (1) elected or appointed by the Bargaining Unit and one (1) selected by Management.
The Union Co-Chairperson will be assigned to steady day shift, and shall be given top seniority in the plant during their term of office, provided they are able to perform the work remaining available. However, this seniority shall not supersede the preferential seniority of the Plant Committee.
The Union Co-Chairperson will, without loss of pay, be permitted four (4) hours per week to attend to Health and Safety issues, identifying and coordinating safety related training needs, assisting in developing training packages, in-house training where qualified, developing and presenting safety talks, tracking to ensure monthly safety audits are carried out and accident/incident investigation.
Additional time if required will be in accordance to the principles set out in Article 6.01c).
The Company will, within reasonable time, arrange for the necessary training for a minimum of two (2) Union members and two (2) Management members of the Joint Health and Safety Committee to become certified members. It is expected that the Co- Chairs of the JHSC will be included as certified members. In addition the Company will send one (1) person selected by the Union and one (1) person selected by Management from the Plant to a two-week instructor training (OFL – Level II and III). They shall be selected from the Joint Health and Safety Committee, unless mutually agreed otherwise. The Company is to pay for lost time and registration.
Every certified member of each JHSC will complete hazard specific training. Where required, the plant will complete a new hazard assessment, to be conducted by the new certified members, if any. Otherwise, the hazard assessment will be conducted by existing certified members. The assessment will be done using the original WHSA format. This assessment will determine any specific training that is required for the Part 2 Hazard Specific training. This specific training will be taken from modules established from the Workers’ Health and Safety Centers’ Hazard Specific Modules. This specific training will be at least forty (40) hours in total. Where at the discretion of the Joint Health and Safety Committee any member is deemed to have met the criteria for any module through previous training or experience, the training for that module may be waived.
The people who receive the Instructor Training will then be responsible for WHMIS and all health and safety training in their plant. If training is done in a classroom setting a Unifor instructor will do the training. This paragraph shall not preclude the use of other jointly selected qualified people to conduct training in Health and Safety. Once in the second year of this agreement, and once in the third year of this agreement, the said two (2) week instructor training and the said necessary training for certification will be provided to employees who have replaced any representatives previously trained.
The Union Co-Chairperson will, without loss of pay, be permitted four (4) hours per week to attend to Health and Safety issues, identifying and coordinating safety related training needs, assisting in developing training packages, in-house training where qualified, developing and presenting safety talks, tracking to ensure monthly safety audits are carried out and accident/incident investigation. Additional time if required will be in accordance to the principles set out in Article 6:01(c).
23.05 In addition to the duties given to the Health and Safety Committee under applicable Occupational Health and Safety legislation, the Committee will:
(a) Promote compliance with pertinent legislation.
(b) Meet at least once each month, or more regularly as mutually agreed, to review health and safety matters, local health and safety education, information programs, employee job-related safety training including lift-truck training, compensable lost time accidents, workplace health and safety reports on such accidents, and to analyze medical aid and first aid injuries and make any necessary recommendations.
(c) Designate one (1) or more member of the Committee who represents workers and one (1) or more member of the Committee who represents Management to tour the Plant to inspect the physical condition of the workplace once per month as scheduled by the Health and Safety Committee.
(d) Designate the Co-Chairpersons of the Committee to investigate any accident where a worker is killed or critically injured at work. Should such an accident occur when the Union Co-Chairperson is not available, a designated alternate will participate in the investigation, and the Union Co-Chairperson will be provided with a copy of the investigation report and will participate in any further investigation of the accident. Every injury or near miss that involves or would have involved a worker going to a first aid attendant, Doctor or hospital must be investigated. The supervisor and the Union Co-chair person or designate and the Company Co-chair person or designate from the JHSC shall investigate the accident or incident. The parties agree that the primary responsibility for accident/incident investigation rests with the worker’s immediate supervisor. The Co-chair persons or designates act primarily as resources in this process.
The Union Committee and the JHSC Co-chair persons shall automatically receive as soon as they are available, a copy of all form 7s (or designated replacement forms from the new Workplace Safety and Insurance Board), a copy of the plant’s report on injury and illness data, the plant’s employee hours worked, and frequency and severity rates.
(e) Designate the Co-Chairpersons, or designates at times when the Co-Chairpersons are not available to accompany Ministry of Labour, or applicable government inspectors and Union Health and Safety professional on plant inspection tours.
(f) Review and analyze all problems posed by noise, air contaminants, air flow, heat stress or ventilation and make any necessary recommendations.
(g) Be advised of breathing zone air sample results, results of tests regarding physical agents or chemicals to which employees are exposed and protective measures and applicable emergency procedures. In addition, whenever it is determined an employee has had a personal exposure exceeding the permissible levels, the Health and Safety Committee shall be informed of such exposure and the corrective action to be taken. Both JH&SC Co-chairs are to be involved in all air sampling. Any sampling shall be conducted by a Certified Industrial hygienist (CIH) and will be jointly selected by both JH&SC Co-chairs.
(h) To make recommendations regarding ergonomic programs where required.
(i) Review Company policies on assignment of employees to tasks in isolated or confined (closed-entry) spaces. Company policies on safe die operation and guarding, Company preventative maintenance programs, and Company lockout/tagout programs, and make any necessary recommendations.
23.06 The Company will make available sampling and monitoring equipment for measuring noise, carbon monoxide, and air flow and will ensure that the Joint Health and Safety Committee is trained in their use. When the conditions in the plant indicate it is necessary to conduct tests with such equipment, such tests will be performed jointly.
23.07 Protective devices and other equipment deemed necessary to protect employees from disease and injury will be supplied by the Company, with the exception of prescription safety glasses and safety shoes. Foam ear plugs will be provided to any employee upon request. The Company agrees to provide custom ear protection to any employee upon request at the Company’s expense. Employees requesting custom ear protection would be required to pay for replacement insurance.
23.08 (a) The Company will provide to an employee who is exposed to potentially harmful agents or toxic materials, at no cost to him/her, those medical services that are deemed necessary by his/her doctor to determine whether the health of such employee is being adversely affected.
(b) The Company will provide to each employee for his/her physician, upon written request of the employee a complete report of the results of any such test or examinations, and will review the test results with the employee prior to release.
23.09 No employee will be disciplined because the employee has acted in compliance with the Occupational Health and Safety Act or its regulations.
The parties understand that should any changes occur to the legislation and/or the Ontario Ministry of Labour’s support for the subject legislation (The Occupational Health & Safety Act and its Regulations) to render certain parts inoperative, including existing rights, a mechanism will have to be determined to maintain the functional dimension of these rights. Consequently, upon such time as the Union or the Company has a reasonable concern that legislation could be passed which could affect employee rights, specifically the right to refuse unsafe work, the Health & Safety Committee shall meet within ten (10) days’ notice of written request to meet.
Parties will make a good faith effort to arrive at a fair and workable solution to the problem in a forthright and expeditious manner. In this regard, the Health and Safety Committee will be assisted and supported by the Plant Chairperson and the Company’s Director of Human Resources. The parties agree that the Occupational Health & safety Act and its Regulations in affect at the time of signing the 1998 Collective Agreement between the Company and the Union shall be considered a minimum standard. Any changes to the Act and or Regulations would also be reviewed by the above-mentioned parties in order to assess the impact on employee health and safety.
23.10 National Union Health and Safety staff shall have access to the workplace provided reasonable advance notice is given to Management.
23.11 The Company will continue its practice of providing the forty (40) hour OFL Level I course to members of the Joint Health and Safety Committee, and/or other training to be decided by the Joint Health and Safety Committee at the plant. Such other training should total a minimum of forty (40) hours, and will not include certification (generic or specific) training. Whenever practicable, training is to be done on site, with members from one or two committees being trained at the same time.
23.12 Safety Talk Program
(a) The plant will establish a safety talk program.
(b) The Joint Health and Safety Committee at the plant will participate in the development of the department safety talk program.
23.13 Safety Measures for New or Relocated Equipment
Safety measures, safety devices and safety equipment shall be installed prior to start-up of new, relocated, or modified equipment or machinery. Start-up includes manufacturing of samples, testing, try-out, set-up, teaching, etc., as well as production for shipment to customers.
In addition, Management representatives, will review with the Co-Chair persons of the Joint Health and Safety Committee, plans for major process, equipment and layout changes.
During this review process, Management representatives will undertake any changes necessary to control any identified hazards.
When equipment is being built offsite, one Union and one Management member of the JHSC will be given a timely opportunity to visit the supplier or manufacturer during the build up at the Company’s expense.
Management agrees to develop jointly with the Health & Safety Committee, a written policy in regards to new, relocated, or modified equipment within three (3) months of the signing of this Agreement. This policy will have as a minimum all the contents of the current procedure from the Cambridge location dated January 5, 1998. Management agrees to develop jointly with the Health and Safety Committee a policy on the purchase or lease of new or used equipment within three (3) months of the signing of this Agreement. This policy will form part of the Corporate Purchase and Rider and will be used Corporately and at the Plant level.
23.14 Minute of Silence
Each year on April 28 at 11:00 a.m. employees will be allowed to cease work for one minute to remember those persons who have been injured or died in industrial accidents.
23.15 Safety Glasses
(a) With respect to regular safety glasses, the Company agrees to pay for the first pair, after which the employee is responsible. However, the Company will replace lenses that are damaged or scratched through occupational use at no charge. Management will approve lens replacement.
(b) With respect to prescription safety glasses, the Company will pay the full cost of providing the first pair of prescription safety glasses, subject to appropriate receipt. The Company will reimburse employees for replacement lenses which are damaged or scratched through occupational use or when a new prescription is required, subject to appropriate receipt. Management will approve lens replacement. Effective July 29, 2001, Prescription Safety Glasses frames may be changed once every three (3) years, with a maximum of $150 per frame.
(c) Employees will have a choice of three (3) different frames determined by the Joint Health and Safety Committee and the Company will replace any frames damaged through occupational use.
(d) New hires will become eligible for prescription safety glasses upon successful completion of their probationary period.
23.16 Safety Shoes
The Company agrees to provide a safety shoe allowance of
one hundred and thirty dollars ($130.00) one hundred and fifty dollars ($150.00) per contract year for Company approved safety footwear, for employees with seniority and with proof of purchase. New hires shall receive the allowance when they have completed their probationary period. This will confirm that the plants will invite at least three (3)-three different safety shoe sales vendors to attend at the plants, to provide a wider choice of such equipment for employees. Further, the Company will provide the opportunity to the employees to make payment for such safety footwear by payroll deduction. The Company will provide a safety shoe allowance for a second pair of safety shoes to any employee who sustains unusual damage through work related wear (not through normal wear).
23.17 The Company recognizes that health and safety risks may be posed by heat stress. When suspected heat stress conditions prevail, the Joint Health and Safety Committee shall investigate and evaluate the matter and recommend to Management a plan of action to eliminate any hazardous situations.
The Company agrees to implement a plan based on the recommendations of the Joint Health and Safety Committee for when conditions reach or exceed the ACGIH Index for Heat Stress. Such a plan shall include Mira cool, bandanas, visors, wrist cool bands, electrolyte replacements, popsicles, etc. and shall include additional breaks, and refreshments and shall also include as a last resort, early departures without pay.
23.18 Noise Abatement Program
The problem of noise varies in kind and intensity in the plant. Thus, it is not feasible to establish a specific noise abatement program generally applicable throughout all the Company’s facilities.
It is agreed that a sub-committee of the Joint Health and Safety Committee will be established as a Noise Committee. This sub-committee will make recommendations to Management, on a priority basis, of those areas found to be at or over the legislated requirements, and assist in the plans to undertake progressive improvements.
The Company agrees that a consultant may be engaged for purposes of assisting in the determination of recommended improvements.
The Company agrees that audiometric tests will be made available annually for those employees whose average noise exposure exceeds 85 decibels (dba). Permanent records of audiometric tests will be maintained in the workplace. Every attempt will be made to conduct the tests at the beginning of the work week.
23.19 The Company agrees to pay registration costs for CPR and First Aid training courses, to a maximum of $100.00 per course, for up to six (6) employees per plant annually, upon certified successful completion of such course, to assist such employees in attending such course on their own time.
23.20 CCOHS Information System
The Company agrees to subscribe for a membership, in the plant with CCOHS. In addition, the Company agrees to subscribe for three discs from the CCOHS to be provided to the JHSC Co-Chairs.
The Company agrees to provide the Union Co-Chair a computer equipped with CD Rom, and the most current windows operating system as used by the Company, and Internet and e-mail access through the Company computer network, for the purposes of staying current with Health and Safety issues and new technologies as they relate to occupational health and safety. All computer access will be subject to any existing or future Company policies regarding computer and Internet use.
23.21 Preventative Maintenance Safety Program
The Company agrees in order to maintain a proactive preventive safety program within the plant the Maintenance Supervisor or Manager, or their designate at the plant will be a member of the Joint Health and Safety Committee. Setting priorities on safety related maintenance issues will be the responsibility of the Joint Health and Safety Committee. The Company will provide to the JHSC Co-Chair persons a monthly or more frequent preventative maintenance report in regards to Health and Safety work orders and preventative maintenance checks. This report will include the work order number, nature of the work order or PM check being done, equipment ID number, status of work order or PM sheets, planned completion date, and actual completion date, as a minimum.
A joint Ergonomics sub-committee of the Health and Safety Committee will be established. There will be at least one (1) member from the Union and one (1) member from the Company. Members of the sub-committee need not be members of the Joint Health and Safety Committee. All members of this sub-committee will receive appropriate training.
Where an ergonomic concern is beyond the scope of the Committee, an Ergonomist will be consulted and will assist in resolving the concern.
23.23 New Employee Health and Safety Training
Each new or transferred employee will receive Health and Safety training. Such training will include but not be limited to the employee’s rights and duties under the Provincial Legislation and the role of the Joint Health and Safety Committee. The Joint Health and Safety Committee may make recommendations regarding other training which may be needed.
23.24 Job Hazard Training
Each supervisor will give instruction to workers under his/her direction, on hazards and potential hazards associated with the worker’s job assignment. Such instruction shall meet as a minimum the Supervisor’s Legislated Duties and shall be presented to the worker before he/she starts his/her job assignment.
23.25 Working Alone
Each Joint Health and Safety Committee shall assess the work activities in their respective plants to determine those work activities that they consider to be hazardous for working alone, and shall make recommendations to Plant Management. The Company agrees when such work activities are recognized as potentially hazardous for working alone, appropriate precautions will be taken. Such precautions will include, when necessary, providing air sampling, ventilation, appropriate PPE, a reliable communication system, training, and if required adequate support personnel.
There will be formal lock out training for the plant. The basic training will be the generic training package from the Workers’ Health and Safety Centre. Plant Management from each location will review the plant’s specific lock out procedures with the Joint Health and Safety Committee. The Joint Health and Safety Committee may discuss the procedures with the Plant Management and develop them further to meet their requirements.
There shall be an effective lockout/tagout program in the plant and all employees required to work on machinery, equipment, or systems where lockout is required shall receive training in accordance with this program. Users of plant lockout will receive an annual review not to exceed two (2) hours in addition to the basic eight (8) hour program.
23.27 Hands Out Of Point Of Operation
The Company agrees to maintain, in consultation with the Health and Safety Committee, a Hands Out Of Point Of Operation Policy within three (3) months of the signing of this agreement. This policy will deal with eliminating the danger resulting from the necessity of employees exposing their hands to the dies in a power press or similar equipment. The objective of this procedure is to eliminate through engineering and process development the need for operators to expose their hands. Where the need continues to exist, appropriate safeguards will be put into place, such as hand tools, brake monitors, safety blocks, sensing devices, lockout procedures, mechanical interlocks, guarding and other operator controls. In addition to this, when process or engineering changes are planned, the Joint Health and Safety Co-chairs will be consulted and may make recommendations for improvement.
23.28 Emergency Release From Press Program
The Company agrees to establish in consultation with the Joint Health and Safety Committees within nine (9) months of the signing of this Agreement, a press specific Emergency Release Program.
23.29 Hazardous Substance
A Joint Hazardous Substance Sub-Committee of the Joint Health and Safety Committee will be established. It will be the function of the Sub-Committee to review all hazardous substances in the workplace. From this review, the Sub-Committee will recommend substances that should not be used, substances that should be replaced with safe alternatives, or more stringent controls for substances where a safe alternative cannot be found.
23.30 Working at Heights
The Company, in consultation with the Health and Safety Committee will develop a Working at Heights Training Program, mirroring the current Unifor/Ford package within six (6) months of the signing.
23.31 Work Refusal Notification
In the event of a work refusal under the Occupational Health and Safety Act, or a work refusal under the terms of the Collective Agreement occurring on the day shift, the Union Joint Health and Safety Co-Chairperson or designate will be notified and will respond. Where a work refusal as mentioned above occurs on the day shift or the off shift and there is no Union Joint Health and Safety Committee member available in the plant. A designate Union JHSC member will be notified by Management with a phone number listed with Management for that reason. That person will be able to enter the Plant to deal with the work refusal and will be paid at regular or premium time in accordance with the Collective Agreement. If the designated Union JHSC member cannot be reached or is not available within thirty (30) minutes, a Union Xxxxxxx will be used.
23.32 Unsafe Machinery
Any machine or device which is found to be in an unsafe or hazardous condition, by agreement between the Joint Health and Safety Co-Chairpersons, shall be locked out with the approved locks by the Supervisor in the presence of at least one (1) of the Co- Chairpersons, and remain so until made safe. Locks will not be removed without a Joint Health and Safety Committee member or designate being present and a report of resolve completed by the Supervisor of that equipment or area.
23.33 Lift Truck Training
There will be formal lift truck training for the plant for users of lift trucks. The basic training will be the training package from the Workers Health and Safety Centre. All workers who operate lift trucks will be trained on this package prior to operating a lift truck. In addition lift truck operators will also receive an annual review, in addition to the basic WH&SC eight (8) hour program.
The Company agrees it will continuously maintain and improve, as required, systems that impact the quality of air in the plant.
24.01 Any employees outside the Bargaining Unit shall not be permitted to perform work normally performed by an employee in the Bargaining Unit except:
1. in an emergency;
2. in the instruction and training of Bargaining Unit employees;
3. in the development of new methods, engineering prototypes/samples and new processes.
The above exceptions shall not be used to deprive any employee of work time. The supervisors will keep the stewards informed of the nature of such work prior to the work being performed, where practicable
24.02 The use of calibration, ultra-sonic, weld testing, and salt spray and any other measuring devices or equipment is and will be considered Bargaining Unit work.
25.01 Time Studies will be made using the MOST industrial engineering methods or an alternative Industry accepted Industrial Engineering method and on the basis that an experienced seniority Bargaining Unit operator can make standard, if he/she performs at a normal pace. The Company agrees to pay for the costs associated with training a bargaining unit representative in any new Time Study method in the event Unifor does not offer a similar training program.
25.02 The Plant Chairperson, Union Time Study Representative and department supervisor must be informed as to the date of the time study. Prior to any revised production standard being implemented the Company will:
(a) Meet with the Union Time Study Representative and Plant Chairperson or his/her designate to review the Time Study and appropriate method, material or machinery changes. The purpose of this meeting is to review the industrial engineering department’s data that was used to develop the production standard. During this meeting, the Union will be given a copy of the Time Study.
(b) Meet with the affected shift employees and Union representative to review any method, material or machinery changes. The Supervisor of the affected area along with a member of the engineering department will represent the Company at these meetings.
(c) All present and future production standards will be posted in each department where applicable.
(d) Once standards are set they will remain in effect unless there is a change in method, process or equipment that would affect the accuracy of the standard, such standards will only be revised to the extent of the affected elements.
25.03 The Company will recognize the Union Time Study Representative for the purpose of investigating production standard disputes.
Disputes regarding standards shall be subject to the grievance procedure. Should the dispute continue to exist over the fairness of the standard, the Union shall have the right to request a National Time Study Representative to review the standard and conduct its own time study regarding the dispute.
The Company shall have the right to request an independent time study conducted by a qualified third party and the Company may include this independent study to help resolve the production standard dispute.
The Industrial Engineer, Plant Manager, Union Time Study Representative and Chairperson will meet if necessary for the purpose of resolving the dispute.
An established production standard where no grievance has been filed shall not be changed except for the following circumstances:
(a) To correct an arithmetic error, in which case only the arithmetic error shall be corrected.
(b) When the Company makes a change in the job that makes it possible for the worker to do the job with less effort. In which case, the change in the production standard shall reflect no more than the change in the job.
(c) When the Company makes a change in the job that requires the worker to use more time and/or effort. In which case, the change in production standard shall reflect the change in the job.
(d) Where time standards were established using estimating method rather than an actual MOST study method.
(e) When there is reasonable doubt that the current standard may not truly reflect the current workloads.
It is also agreed that the Company retains the right to establish temporary standards to facilitate the partial start-up of operations. It will be the intent of the Company to convert the temporary standards to permanent standards within a reasonable period of time and will keep the Union informed as to when it will happen. Temporary standards not to exceed ninety (90) days.
25.04 One (1) member of the plant committee shall be designated and certified under MOST method or an alternative Industry accepted Industrial Engineering method as the Union Time Study Representative. Said representative will be paid for lost time by the Company for the time necessary to attend time study training courses jointly approved by the Company and the Union. Fees for such approved time study courses and expenses relating thereto will also be paid by the Company.
26.01 A Union representative will be present during all disciplinary actions. When an employee is called to an interview by a member of supervision and the subject of the interview is discipline, the employee will be so informed before the interview, and will be advised to have a Union representative present. The interview will not proceed until a Union representative is present.
26.02 When the Company intends or contemplates suspending or discharging an employee they will provide the Union and the employee with written notification explaining the specific charges and reasons for taking the action. An employee shall suffer no loss of employment until having received the official notification and until the Union has had at least three (3) working days to investigate and make representation to the Company.
Notwithstanding the foregoing, where the circumstances of a case may make it inadvisable to retain an employee in the plant, such employee will be suspended without pay, pending the hearing, which will be held within one (1) working day of being suspended. The Union may request an extension of up to three (3) working days to investigate the incident.
26.03 A copy of all written disciplinary actions must be given to the employee concerned and to the Plant Committee.
26.04 The Company agrees that it will take disciplinary action within five (5) working days after the time it becomes aware or ought to have become aware of the circumstances giving rise to the discipline.
26.05 Any written disciplinary action including suspensions, will be removed from an employee’s record twelve (12) months after the date the discipline was issued.
26.06 The term “working days” when used in this Collective Agreement for disciplinary procedures shall exclude Saturdays, Sundays, holidays and plant shutdowns periods as defined herein, unless the employee works on these days.
26.07 Discipline Suspensions
It is understood that discipline suspensions will be served immediately following the Union Representatives three (3) working day investigation/representation period. If the Company is unable to have the employee(s) serve their suspension at that time, the Company will give the Union Committee written notice of the reasons and dates such suspension is to be served. It is not the Company’s intent to have employees lose overtime opportunities while serving a discipline suspension. A Union representative along with the employee will be present when the Company issues the final notice of discipline.
26.08 This will confirm that the parties agreed the following disciplinary steps will become part of the progressive procedure only as it relates to Attendance Disciplinary steps, as follows:
Verbal, Written, 3-day Suspension, 10-day Suspension, 20-day Suspension, Termination. Additionally, it was agreed that each late and/or left early occurrence would be counted as a half (1/2) infraction.
27.01 A leave of absence of up to sixty (60) calendar days may be granted by the Company to an employee with at least one (1) year’s seniority as follows:
(a) The employee must give at least five (5) working days’ notice unless waived by the Company.
(b) The request must be in writing on a form provided by the Company and must include reasons for the request.
(c) The request must be for a valid reason and must not be to seek or obtain employment elsewhere, except in the case of an employee who is on notice of layoff, who has secured alternative employment and whose early departure will not cause undue interference with the Company’s operations.
(d) The employee must take any accumulated vacation time as part of the leave.
(e) The Company may reject a request if the leave is for an invalid personal reason or the leave will have an adverse effect on the Company’s ability to operate the plant efficiently. Any rejection will be in writing with an explanation.
(f) Extensions to the sixty (60) calendar day period may be granted by mutual agreement between the Company and the Union.
(g) The Union will receive a copy of all requests and responses.
27.02 An employee with seniority, elected or appointed to a full-time position in the Local Union, National Union, Unifor, OFL, CLC, elected or appointed to a full-time government position will be granted a leave of absence without pay for the length of his/her appointment. During such leave, the employee’s benefits will cease, but seniority and pension credits will continue to accrue.
27.03 (a) The Company shall grant a leave of absence to employees on written request made by the President of the Local Union or the Plant Chairperson or their designate at least five (5) working days prior to commencement of the requested leave for the purpose of attending to Union business. The five (5) working day notice required may be waived by the Company if an emergency situation made it impossible for such advance notification to be provided. Such leave, when combined with Article 27.08
(b) Shall not exceed four (4) employees in the plant at one time.
The Union agrees that the Local will pay all payroll related compensation to any employee who is on union business. The Company agrees to send a copy of the
employee’s leave of absence request, if approved by the Company, to the Local Union President for his/her records prior to the leave taking place.
(c) All xxxxxxxx are payable by the Local Union upon receipt.
27.04 The Company will accept as a satisfactory reason under Article 10.03 for absence for the length of jail term under the Highway Traffic legislation including detention for traffic violations under the Criminal Code. Absence due to incarceration for other minor offences under the Criminal Code, not exceeding one hundred and twenty (120) days after conviction, will be accepted as satisfactory reason under Article 10.03.
27.05 An employee with one (1) or more years’ service wishing to further his/her education by full time attendance at a recognized college, university, trade or technical school, shall be granted a leave of absence for up to one (1) year under the following conditions.
(a) Before receiving the leave, or an extension, the employee shall provide the Company with satisfactory evidence he/she has been accepted as a student by the recognized college, university or school.
(b) On expiry of each term or semester the employee shall provide the Company with proof of attendance.
(c) Leave may be extended for additional periods not to exceed one (1) year each.
(d) Provided the student’s course of instruction is related to his/her employment opportunities with the Company, seniority shall accumulate during the leave. Attendance at primary or high school shall be regarded as meeting this provision.
(e) While attending a course of instruction not meeting the requirements of (d) above, seniority will not accumulate and all Company paid benefits will cease. However, the employee may elect to pay for benefits as provided under the Insurance Plans.
(f) Employees returning from such leaves shall notify the Company of their availability and desire to return to work, and the Company shall have five (5) working days to return the employee to work following such notice.
27.06 Parental Leave
Application for parental leave shall be subject to the provisions of the Employment Standards Act (2000).
The Company will abide by the current terms of the Employment Standard Act legislation.
27.07 Public Office Leave of Absence
(a) An employee with seniority, elected or appointed to a full-time federal, provincial or local public office, will receive a leave of absence without pay or benefits for the period of his/her first term of active service in such public office.
Additional leaves of absence for service in such office may be granted at the option of Management upon written application by the employee.
(b) Any employee granted such leave of absence shall be entitled to reinstatement on the completion of the leave at the then current rate of pay to such work as he/she may be entitled on the basis of the seniority provisions of this Agreement. Seniority and pension rights will continue to accumulate during the period of such leave of absence.
(c) The employee’s request for leave of absence may also include the necessary time to campaign for such office. (Such time is not to exceed six months).
27.08 Paid Education Leave
(a) The Company agrees to pay into a special fund three (3) cents per hour, per employee for all compensated hours for the purpose of providing paid education leave. Said paid education leave will be for the purpose of upgrading the employee skills in all aspects of trade Union functions. Such moneys to be paid on a quarterly basis into a trust fund established by the National Union, Unifor and sent by the Company to the following address: Unifor Paid Education Leave, 000 Xxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx, X0X 0X0. The Company will provide the Plant Chairperson a copy of the information related to funding on a quarterly basis broken out for the plant.
(b) The Company further agrees that members of the Bargaining Unit, selected by the Union to attend such courses, will be granted leaves of absence without pay for twenty (20) days class time, plus travel time where necessary, said leaves of absence to be intermittent over a twelve month period from the first day of leave. The Company will be provided with two weeks advance notice, in writing, of any scheduled paid education leave for any members of the Bargaining Unit. In addition it is agreed that, when combined with Article 27.03 a) no more than four (4) employees from the plant may be granted such leaves at the same time. Employees on said leaves of absence will continue to accrue seniority and benefits during such leaves.
28.01 The Committee will have the use of bulletin boards in the plant for the posting of Union notices. The Company will supply such bulletin boards.
29.01 The Company will provide a copy of the Collective Agreement in booklet form to all current and future employees. The Company agrees to the printing of sufficient spiral bound Collective Agreements (up to a maximum of 20 booklets) for Union representatives.
The Company agrees to work with the Union to ensure that copies of the Collective Agreement are made available in a timely manner.
30.01 Pay day shall be once per week on Friday in the a.m. In the event that a paid holiday falls on a Friday, pay day shall be the Thursday preceding the holiday. Employees’ pays shall be deposited in each employee’s bank of choice. When an employee has a pay shortage of more than two (2) hours pay the discrepant amount will be paid on the day following the issuing of the pay stub. This will confirm the commitment given to the Union on the subject matter during our 1998 negotiations. Where workers on the midnight shift incur shortages pursuant to Article 30.01, the Company will pay the employee by means of a manual cheque in the amount of 70% of the shortage, the amount withheld being to avoid the employee being placed in a higher tax bracket on the next pay period. The employee must sign an acknowledgement of their acceptance of this transaction and of the fact that if the shortage is not subsequently substantiated, the Company will make the appropriate deductions/adjustments.
30.02 All employees’ pay cheque stubs shall be issued as soon as available, but no later than Thursday, employee’s Social Insurance Number will not appear on the stub.
Pay cheque stubs and personal documents of a confidential nature shall be issued in individual sealed envelopes.
30.03 The pay week shall be Monday to Sunday inclusive, to be paid on the Friday immediately following.
30.04 The Company agrees to offer weekly United Way or Credit Union payroll deductions, provided written authorization is received from the employee concerned.
31.01 The Company will not contract out work if such work can be performed by Bargaining Unit employees presently at work or by employees who might be on layoff at the time such work is necessary, provided the Company has the necessary facilities, capacity, and equipment to perform such work and provided such work can be performed in a manner that is competitive in terms of cost, quality and within projected time limits. Upon request, such information will be provided to the Union.
Before any work is contracted out (except for short term emergency requirements), local Management will discuss its intentions with the Plant Committee. When possible, a three (3) week notice will be given. In such discussions, the Company will explain its reasons for its tentative decision to contract out work and give the Union an opportunity to suggest ways in which the work might otherwise be performed. The Company will give due consideration to the suggestions of the Union before making its final decision as to whether or not such work will be contracted out.
Upon request, within thirty (30) calendar days of a major extended plant layoff, work which has been contracted out will be reviewed by a Committee made up of the Plant Chairperson from the plant and the National Union and provided the work can be performed within the parameters of paragraph one, will be returned to X.X. Xxxxxxx unless laid off employees will be recalled within ninety (90) calendar days.
In the event there are disputes related to outside contracting the appropriate Company Director of Operations along with the Plant Manager, will meet with the Plant Committee and National Union upon request, at a convenient time and place, in an effort to ensure that proper discussions and other aspects of this provision are being applied.
This will confirm that within ninety (90) calendar days of the ratification of the 2001- 2004 Collective Agreement and within thirty (30) days of any major extended plant layoff, a committee consisting of the Plant Chairperson from the plant and a representative of the National Union will review work that has been contracted out. Provided the work can be performed within the parameters of Article 31.01 paragraph one of the Collective Agreement, the work will be returned to X.X. Xxxxxxx and laid off employees will be recalled within ninety (90) calendar days.
32.01 The Company will continue to provide office space for the Union Chairperson, Committeepersons, Stewards, Health and Safety Co-Chairperson, and Substance Abuse Representative as currently exists or as otherwise mutually agreed to. These offices will be properly heated, ventilated and air conditioned as well, equipped with proper office furniture and maintained to the standards of other offices in the plant.
The Company agrees to pay for the costs of a phone line with two extensions and a fax line for the fax machine and to provide Company e-mail service in the chairperson’s office.
33.01 The Company recognizes the importance of continuing education, and encourages employees to participate and investigate job-related furtherance of those skills.
Employees are invited to approach Management regarding courses of this nature; all requests shall be considered and will not be unreasonably denied. Programs approved will be reimbursed by the Company, to include all necessary books and tuition fees, upon successful completion. It is understood and agreed that reimbursement for any employee pursuant to this Article will not exceed $600.00 in any one (1) calendar year.
34.01 Employees who are or have been appointed or selected for a supervisory position, or for any position not subject to the provisions of the Agreement, will not be covered by the provisions of this Agreement. However, if any employee on a seniority list covered by this Agreement is transferred or appointed to a position outside of the Bargaining Unit and is transferred back within a three month period after the date of such appointment, he/she shall be accredited with only the seniority which he/she held prior to such an appointment and shall displace the most junior employee in the plant upon his/her entry except in the case of skilled trades, where he/she will be allowed to displace the most junior employee in his/her former trade classification.
If an employee, after the completion of the three (3) month period, is transferred back into the Bargaining Unit to a job covered by this Agreement, he/she shall be considered a new employee for the purpose of seniority.
35.01 The Company agrees to acquaint new employees with the fact that a Collective Agreement is in effect and with the conditions of employment set out in the Articles dealing with Union security and dues check off. A new employee shall be advised of the name and location of his/her Union Xxxxxxx and shall be provided with a copy of the Collective Agreement. The Plant Chairperson and Health & Safety Co-chairperson will be allowed up to one (1) hour each to orient and introduce new hires to the Union.
36.01 An employee with seniority may request a transfer from one plant to another, and such request shall be submitted by the Plant Committee to the plant manager, in writing. Such plant manager shall forward the written request to the plant manager of the plant to which the transfer is requested, with a copy to the Plant committee at such plant. Such written request must be renewed at least every six (6) months if it is to remain current for purpose of this Article.
36.02 Before a new employee is hired for a job covered by this Agreement in the plant, a notice of intent to hire will be posted in the other plants. Employees in other plants who want to transfer to the hiring plant must advise the Company, in writing, of their desire to transfer as per Article 36.01 or within five (5) working days after the posting of the notice. If any employees submit a transfer request before the expiry of the said five
(5) working day period, the most senior of such employees who is able to perform the job available will be granted the transfer and must report within ten (10) working days to the new location to work. Notwithstanding any other provision of this Agreement, the Company may fill the job for the period of up to ten (10) working days in any manner the Company deems appropriate, while waiting for the transferring employee to report. The Plant HR Manager and Plant Chairperson must agree that any candidate coming into the Windsor plant from another AGS location in accordance with this article is acceptable.
36.03 Seniority employees transferred under this Article will commence work at the new plant as though they have served their first forty-five (45) working days (360 hours). Hence they will be credited with this so as to waive their probationary period. Employees transferring on the same date will be ranked in relationship to each other on the seniority list of their new plant based on their full Company Bargaining Unit service.
Employees granted a transfer under this Article shall have their start date back dated so that they have greater seniority than any employees on probation on the date of hire at their new plant.
36.04 For the purpose of job posting, layoff and recall in a new location, the employee will forfeit all of his/her prior accumulated seniority, but will maintain all benefits pertaining to his/her length of service with the Company.
36.05 An employee who is transferred under this Article shall retain seniority in the plant from which the transfer occurred for a period of twelve (12) months from the date of the transfer for the purpose of returning to his/her former plant in the event he/she is laid off at his/her new plant. Upon application, such employee will only be able to return to a vacancy in his/her former plant and will not be entitled to displace any employees in the former plant.
36.06 An employee on layoff who applies for and receives an interplant transfer shall retain their seniority and recall rights to their former plant. They shall forfeit seniority in their former plant only if they decline recall to such plant.
37.01 Substance Abuse is recognized to be a serious medical, business and social problem that can affect employees and Company. The Company and the Union have a strong interest in encouraging early treatment and assisting employees towards rehabilitation. The Company will continue to provide a comprehensive approach towards dealing with substance abuse and its related problems. Company assistance will include referral of such employees to appropriate counselling services or treatment and rehabilitation facilities.
The Company will provide all normal group insurance benefits for up to 26 weeks to such employees while under a medically prescribed course of treatment.
The Company shall recognize a Substance Abuse Representative in the Plant, appointed by the Union.
The Company will provide time off with pay for a Substance Abuse Representative to transport individuals to assessment and treatment centers where required.
38.01 The Company agrees to provide tools required for employees employed in the Production Group that are related to their job. The Company agrees to replace worn out or broken tools at no cost to employees.
39.01 This Agreement will remain in effect from January 1,
2017 2020 to December 31st, 2019 2022 and unless either party gives to the other party written notice of termination or of a desire to amend the Agreement, then it shall continue in full force and effect from year to year thereafter.
Notice that amendments are required or that either party intends to terminate the Agreement will only be given during the period of not more than ninety (90) days prior to the expiration of said Agreement.
AGREED THIS DAY OF , 2020.
AGS AUTOMOTIVE SYSTEMS
UNIFOR AND LOCAL 195
Group I Classifications and Wage Rates
Current Wage Rate
Effective January 1,
Effective January 1,
Effective January 1,
Robotic Press Line Operator
Sr. Material Handler
Lift Truck Driver
Welding Assembly Operator
Effective December 30, 2016
Parties agreed to combine Shipper/Receiver and Lift Truck Driver Classifications into a NEW Senior Material Handler position to be paid at the current higher wage rate of $26.33
An employee who was hired prior to November 18th, 2013 is grandparented in the above Group One will continue earning the respective wage of the classification they currently hold. Should such employee post into another classification noted in the Group One, he/she will receive the applicable wage rate for that classification as posted in Group One.
An employee who was hired prior to November 18th, 2013 is grandparented in the above Group One, may bump into classification denoted in this group and will receive the respective wage associated with that classification.
Any employee who was hired prior to November 18th, 2013 is grandparented in the above Group One, may be recalled into classifications only denoted in this group and in accordance with Article 11 and will receive the respective wage associated with that classification.
The Robotic Press Line Operator and Set-Up Operator classifications will be combined and considered one (1) classification.
Group II Classification and Wage Rates
Robotic Press Line/Set-Up Operator
Effective January 1, 2020:
1st Year of
2nd Year of
3rd Year of
4th Year of
5th Year of
Robotic Press Line/
Effective January 1, 2020:
All employees hired before December 16, 2019 will move to the “3rd Year of Service” Step
Effective January 1, 2021:
All employees hired before December 16, 2019 will move to the “4th Year of Service” Step
Effective January 1, 2022:
All employees hired before December 16, 2019 will move to the “5th Year of Service” Step
*Material Handler will include: Lift Truck, Janitor, Shipper/Receiver Production Associate will include: Production Worker, Welding Assembly Operator.
It is agreed that all new employees hired after November 18th, 2013 will be hired into the classification of Production Associate under the Group Two Classification Grouping.
These employees will have the ability to post into other classification as listed in Group II and will receive the wage that corresponds to the years of service they have.
The following provisions will be applicable only to the Group II Classification Grouping:
1. Probation period will remain as is current in the Collective Agreement – Article 10:01.
2. Upon successfully completing the probationary period, benefits as per Article 19 will be provided.
with the following exception:
(a) $30/month to offset the cost of benefits – single (b) $45/month to offset the cost of benefits – family
Group II employees will no longer pay towards the cost of their benefits.
3. Shift Premiums will be activated upon completion of probation. The shift premiums will be eighty cents ($0.80) for afternoons and one dollar ($1.00) for midnights.
4. No post-retirement benefits to be provided.
5. RSP contributions by the Company of twenty-five cents ($0.25) per compensated hours for the employee’s first year of service and fifty cents ($0.50) per compensated hours beginning in the employee’s second year of employment.
The Company will deposit this amount into an employee’s RSP account provided that the employee provides the Company with the required account information. To the degree that it can do so, the Company will deposit the RSP contributions in accounts at the Motor City Community Credit Union.
If this is not possible, the Company will identify a banking arrangement that would make a direct deposit possible. If an employee does not provide RSP account information, the Company will deposit any amount to the employee’s payroll direct deposit account. Any accrued amount to be paid out to employee within seven (7) days of termination.
6. Vacation entitlement as follows: Seniority as of June 30th:
Less than 1 year = 1 day per month to a max of 10 or 4%
1 year but less than 5 years
5 years but less than 10 years
10 years but less than 15 years
15 or more years
Skilled Trades Classification and Wage Rates
January 1, 2017
January 1, 2018
January 1, 2019
Tool & Die Maker
Effective January 1, 2020 3% wage increase Effective June 1, 2020 $0.25 special adjustment
Effective January 1, 2021 3% wage increase Effective June 1, 2021 $0.25 special adjustment Effective January 1, 2022 3% wage increase
Current Wage Rate
Jan. 1, 2020
June 1, 2020
$0.25 special adjustment
Jan. 1, 2021
June 1, 2021
$0.25 special adjustment
Tool & Die
The Company may pay a premium of up to thirty cents ($0.30) per hour for various Lead Hands, if required.
Lead Hand positions shall be job posted and such Lead Hands shall have no rights over and above other employees including preferential seniority or overtime opportunities. Lead Hands shall be subject to all terms of this Collective Agreement and shall not be involved in the hiring, separation or disciplinary procedures of the Company.
Supplementary Agreement - Skilled Trades
1. (a) Skilled Trades for the purpose of this Appendix will be as listed in Exhibit “A”;
(b) The term “production,” as used in the Appendix refers to all occupations not included in the skilled trades’ portion of Exhibit “A”;
(c) All provisions of the Collective Agreement and all related benefits, when applicable, shall apply to the employees of the skilled trades, except as otherwise expressly provided for in this Appendix;
(d) It is understood and agreed that each skilled trade as listed in Exhibit “A” has a work content and priority area as established by practice. Such practice will be continued during the life of this agreement. If the situation should necessitate a change in this practice the parties will confer. Where disputes have been resolved pertaining to normal duties and responsibilities in the skilled trades’ area, they will be recorded and used in the future as guidelines for resolving any future disputes of the same or similar nature.
It is understood that a temporary assignment of work to another skilled trade will not form a priority area of work content of the trade to which it has been assigned.
2. Seniority in the skilled trades shall be by non-interchangeable occupations or trades. Seniority lists shall be by basic trade or classification within the plant.
3. Employees presently working under the classifications or trades listed in Exhibit “A” shall have their total seniority in their classification or trade as credited by prior Agreement. Future employees entering a classification or trade shall have date of entry seniority in the skilled trades as listed in Exhibit “A,” except in the case of apprentices whose seniority is covered in the Apprenticeship Program attached hereto and marked Appendix “C.”
4. Production workers will not carry seniority into the trades or classifications listed in Exhibit “A” nor will skilled trades workers exercise seniority into production or non- production groups except where a classification or trade listed in Exhibit “A” is discontinued or eliminated.
(a) Such employee will then exercise his/her total Company seniority for the purpose of displacing a junior employee in a classification listed in Exhibit “A” for which he/she is qualified, or shall exercise all of his/her Company seniority in the production group under the Agreement.
(b) Should a skilled trades employee become medically unfit and unable to follow his/her skilled trade, both the Company and the Union will co-operate in endeavoring to place such an employee on a job he/she is capable of performing satisfactorily, taking his/her total seniority with him/her. However, if placed in a non-skilled Classification(s) or Associate Group(s) he/she shall then forfeit all rights within the skilled trades.
5. The term “journeyman/woman” as used in this Agreement shall mean any person:
(a) Who presently holds a “journeyman/woman’s” classification in the plant in a skilled trades classification as listed in Exhibit “A,” or
(b) Who has served a bona-fide apprenticeship of 8,000 hours or 9,000 hours as applicable, and holds a certificate which substantiates his/her claim of such service, or
(c) Who has eight (8) years of practical experience in the skilled trades’ classification in which he/she claims journeyman/woman’s designation and can prove same. The Unifor journeyman/woman’s card will be accepted as proof.
(d) Who holds an Ontario License, Certificate of Qualification issued by the Ministry of Colleges and Universities, provided he/she qualifies under (b) or (c) above.
Prior to any person entering a skilled trade’s classification the Company shall present to the Skilled Trades Committeeperson documented proof of that person’s qualifications to hold that position.
6. To be recognized as a stationary engineer in any class, an employee will be required to have the applicable Certificate of Qualification issued by the Operating Engineers Branch of the Ministry of Consumer and Commercial Relations.
7. Any further employment in skilled trades’ classifications as listed in Exhibit “A,” after signing of this Agreement shall be limited to journeyman/woman and apprentices.
8. During any period when journeymen/women are unavailable it is agreed that non- journeyman/women employees whose duties shall be to assist journeyman/women may be hired or reclassified on a temporary basis to supplement the work force in a skilled trades classification, and shall be known as supplemental employees for present employees and new supplemental employees for new hire.
The opportunity to work as a supplemental employee shall be offered first to seniority employees, secondly to any laid-off employee with seniority, who has the present ability or an adaptable skill to do the work. If there are no laid-off employees eligible, new employees may be hired on a temporary basis.
When a journeyman/woman becomes available either by hire, transfer, or graduation of an apprentice in a skilled classification to which a supplement employee has been assigned, such journeyman/woman will replace the supplemental employee who shall then be laid off or returned to his/her original classification/associate group.
A supplemental employee shall not accumulate seniority within the skilled trades’ classification but shall accumulate plant-wide and may exercise such plant-wide seniority to return to his/her former job, or to apply for vacancies in the plant as provided elsewhere in the Collective Agreement.
Supplemental employees shall receive their own rate or ten (10) cents below journeyman/woman’s rate of the classification or trade, whichever is the greater.
Meaningful discussion will take place with the skilled trades Committeeperson prior to production employees being transferred under this Article.
9. In the event of an increase or decrease in force in any skilled trade or classification as designated in Exhibit “A” the following procedure shall apply:
(a) First supplemental, second probationary employees will be laid off from their skilled trade classification.
(b) If any further employees are to be reduced from any skilled trade classification as listed in Exhibit “A,” such employee will be laid off or transferred in order of his/her seniority from such skilled trade classification.
10. Should a skilled trades employee possessing journeyman/woman’s qualifications in another trade as listed in Exhibit “A,” request a transfer, or be transferred from his/her present classification into another skilled trades classification, he/she shall retain seniority in his/her former classification for thirty (30) days, after which he/she will forfeit his/her seniority rights in his/her former skilled trades classification from the date of entry. This transfer shall not apply to layoff or recall and is limited to once yearly.
11. Recalls shall be made in reverse order of layoffs.
12. The Company and the Union agree that the Apprenticeship Program, including the apprenticeship standards, attached hereto and marked Appendix “C,” as negotiated between the Company and the Union, shall be considered as an inseparable part of this Agreement.
13. (a) A lead hand of skilled trades employees shall be defined as one who is a skilled trades employee, who while engaged in his/her regular skilled trades occupation leads or processes the work of two (2) or more employees.
(b) Only a journeyman/woman shall be considered as a lead hand in his/her respective trade, on the understanding that this does not prohibit such lead hand from leading other skilled trades groups.
(c) The rates for lead hands are detailed in the schedule of wages attached to the Collective Agreement.
14. All work performed in the skilled trades requiring the services of a journeyperson that is done by members of the Bargaining Unit shall be done by employees who are covered by the classifications and rates as outlined in this Agreement between the Company and the Union.
15. The Company agrees shifts in the skilled trades will be on a rotating basis unless mutually agreed otherwise.
16. Except in the case of stationary engineers, there shall be no numerical or alphabetical classifications within the skilled trades and all employees within a given trade classification shall be paid the same rate.
17. The Company agrees to deduct Canadian Skilled Trades Council dues as may be adopted by the Canadian Skilled Trades Council. The Union will advise the Company, in writing, of the amount of such dues, and of any changes in the amount of such dues, before deductions or changes in such deductions are made.
First deduction to be made from the employee’s first pay received after completion of the probationary period.
Further deductions to be made in January of succeeding years, or upon completion of one (1) month’s work in that calendar year.
The Union agrees to save the Company harmless from any claims that may be made against the Company by employees for amounts deducted in accordance with this paragraph.
18. All Skilled Trades employees having attained one (1) year service shall be provided with a tool allowance of up to
two hundred, thirty dollars ($230.00) three hundred and fifty dollars ($350.00) in order to replace worn out tools or new tools normally used in the performance of their regular job, provided all such tools are pre-approved by the Company before a purchase is made. Apprentice tool allowance will be two hundred, thirty dollars ($230.00) which will be applied in the same manner as is applied for skilled trades employees, for every nine hundred, sixteen (916) hours in the program. In addition to the above, the Company will repair or replace damaged or broken tools that are turned into the Company providing there is no negligence or abuse on the part of the employee.
This provision is applicable to all skilled trades’ employees. It is also agreed that the Company will provide no deductible tool insurance to the full value of the employee’s tool complement. The Company shall provide a form to be filled out in triplicate for the purpose of recording employee’s tools.
The employees shall be responsible for ensuring that this form is properly filled out including all additional tools. For purpose of this Article, the Company may rely on such lists. The employee shall retain one (1) copy of this form and one (1) copy shall go to the Union and the third shall be retained by the Company.
Replacement of tools will only be made where the employees have presented evidence satisfactory to the Company that their tool boxes have been broken into on plant premises or tool boxes have been stolen from the plant premises.
The unused portions of Tool Allowance in any one year will be carried over and added to the next year’s allowance
. The maximum amount of unused Tool Allowance will not be allowed to accumulate to more than six hundred, ninety dollars ($690.00) and will balance out to zero dollars ($0.00) on the expiry date of the Collective Agreement.
Employees who currently have more than six hundred, ninety dollars ($690.00) accumulated will have that amount frozen and it will not be allowed to grow beyond six
hundred, ninety dollars ($690.00) during the term of the Collective Agreement. On the date the Collective Agreement expires, the accumulated amounts will balance out to zero dollars ($0.00).
The Tool Allowance of
two hundred, thirty dollars ($230.00) three hundred and fifty dollars ($350.00) will be paid on the anniversary of the seniority date for each Skilled Trades employee, in accordance with the provisions of this Article.
19. The Company and the Union agree to review in conjunction with the Apprenticeship Committee the ongoing training needs of all trades employees to ensure everyone has the necessary training to perform all functions of their trade.
20. The Company and the Union recognize that job rotation within respective skilled trades’ classifications is in the best interests of the skilled trades’ employees in order that they may obtain greater familiarity and flexibility with the equipment and tooling. Therefore, the Company will rotate these employees within reasonable time limits, subject to training needs as established in 19 above.
21. Work normally and historically performed by Bargaining Unit employees will not be performed by outside contractors provided the Company has the necessary manpower available to perform the work including on weekends and holidays.
For absences including WI, LTD, WSIB, Vacation, and LOA, the Company will first approach laid off employees to see if they will do STW assignments in accordance to the terms of the Collective Agreement. If employees are not available or do not accept the STW assignment the Company can choose to fill its business needs with through OT assignments or third party contract assignments. Emergency repairs or absences of one day or less, the Company will fill its business needs requirements first by asking laid off employees to accept STW assignments, second by asking active employees to work overtime, and if employees are not available, then to fill its business needs through a third party contract assignment.
It is recognized that at times and for varying reasons it may be necessary to contract out skilled trades work. Prior to soliciting bids and prior to contracting out any skilled trades work there will be meaningful discussion between the Company and the Union.
At this meeting the Company will provide the Union with all relevant information including describing the nature and scope of the project, estimated costs, dates within which the work must be completed, trades, skills and manpower required and why the service of an outside contractor is being contemplated.
The Company will examine any alternatives proposed by the Union and provided they are competitive, meet time limits and Bargaining Unit employees are capable of performing the work, the Company will adopt such alternative.
When contractors are involved in the installation, alteration or repair of equipment or tooling, Bargaining Unit employees in the appropriate trades will be assigned to assist or observe in the installation, alteration or repair. As an exception to the normal process, unresolved outsourcing and manpower issues concerning the maintenance operation at
the plant may be referred to Step 3 of the grievance procedure. Such meeting will be attended by the normal attendees plus the Chairperson of the Skilled Trades and a representative of the appropriate trades involved and a designated Manager appointed by the Company who has appropriate skilled trades background and experience.
The Company agrees the classifications listed will be maintained unless changed by mutual agreement.
Skilled trades for the purpose of this supplementary Agreement on Skilled Trades shall be as follows:
(Note-Electricians will serve 9,000 hour apprenticeships)
3. Tool and Die Maker
The Company and the Union are committed to expanding the utilization of the Apprenticeship Program as discussed in negotiations and as such there will be meetings following negotiations with the National Union Skilled Trades Department to address certain concerns expressed by the Company such as: Ratio of apprentices selected from the Bargaining Unit versus those selected from the school system and concerns related to ensuring that applications selected have the necessary mechanical aptitude for the trade.
(a) APPRENTICESHIP STANDARDS
The following standards of apprenticeship covering the employment and training of apprentices in the trades included in these standards have been agreed to by the Company and Unifor, and its Local Union 195.
The purpose of these standards is to make certain that extreme care is exercised in the selection of applicants and that the methods of training are uniform and sound, with the result that they will be equipped for profitable employment, and to further the assurance to the Company of proficient employees at the conclusion of the training period.
1. The term “Company” shall mean X.X. Xxxxxxx Co. Limited.
2. The term “Union” shall mean the duly authorized representatives of Unifor, and its Local Union 195.
3. “Registration Agency” shall mean the Apprenticeship Branch, of the Ministry of Skills Development.
4. “Apprenticeship Agreement” shall mean a written agreement between the Company and the person employed as an apprentice, and his/her parent or guardian if he/she is a minor, which agreement or indenture shall be reviewed by the Joint Apprenticeship Committee, approved by the Supervisor of Apprentices and registered with the Registration Agency.
5. “Apprentice” shall mean a person who is engaged in learning and assisting in the trade to which he/she has been assigned under these standards and who is covered by an Apprenticeship Agreement with the Company providing for his/her training in accordance with these standards of apprenticeship and who is registered with the Registration Agency.
6. “Committee” shall mean the Joint Apprenticeship Committee organized under these standards.
7. “Supervisor of Apprentices” shall mean the person employed as such or the person assigned the responsibility by the Company to perform the duties outlined in these standards of apprenticeship.
8. “Standards of Apprenticeship” shall mean this entire document, including these definitions.
Application for apprenticeship will be received by the Human Resources Department of the Company from applicants considering themselves eligible under the program of training. These applications of prospective apprentices will be reviewed by the Joint Apprenticeship Committee. However, it is understood that the final selection and hiring of the apprentices is the sole responsibility of the Company. It is understood and agreed that the provisions of Article 12.03 dealing with job posting will not apply to the final selection process.
(e) APPRENTICESHIP ELIGIBILITY REQUIREMENTS
In order to be eligible for apprenticeship under these standards the applicant must meet the following minimum qualifications:
He/she must have a grade 12 education, including grade12 mathematics and science, or its equivalent;
Exceptions to these requirements may be made by the Company upon the recommendation of the Committee for applicants who have unusual qualifications;
It is understood that all applicants must successfully pass the Company’s regular employment requirements.
(f) CREDIT FOR PREVIOUS EXPERIENCE
At the discretion of the Committee, credit for prior experience in the applicable trade may be given after evaluation. Review will be made after completion of apprentices’ probationary period.
(g) TERMS OF APPRENTICESHIP
The term of apprenticeship shall be as established by these Standards of Apprenticeship in accordance with the schedule of work processes and related instruction as outlined in the Appendix attached hereto.
(h) PROBATIONARY PERIOD
The first five hundred (500) hours of employment for every apprentice shall be a probationary period. During this probationary period the Apprenticeship Agreement with an apprentice may only be cancelled by the Company after advising the Committee. The Registration Agency shall be advised of such cancellations.
It is understood that newly hired apprentices are subject to the provisions of Article 10.01(e) of the Collective Agreement.
Any apprentice who has attained seniority as a production employee whose work performance or ability to learn is determined to be unsatisfactory during the five hundred hour probationary period will be returned to his/her production Classification(s) or Associate Group(s), subject to the other provisions of this Collective Agreement.
(i) HOURS OF WORK
Apprentices shall work the same hours and be subject to the same conditions regarding overtime rates as the journeymen/women employed by the Company. In case an apprentice is required to work overtime he/she shall receive credit on the term of apprenticeship for only the actual hours of work. In no case will an apprentice work overtime without a journeyman/woman in his/her trade, unless all available journeymen/women in his/her trade have refused to work the overtime.
Where there are four (4) or more journeyman/women employed in a trade in a plant, the ratio of apprentices to journeymen/women in such trade in the plant shall not exceed one (1) apprentice to four (4) journeymen/women, unless the Joint Apprenticeship Committee agrees that the ratio may be increased. If layoffs become necessary apprentices shall be laid off to a ratio of two (2) journeymen/women to one
The Committee shall have the authority to recommend discipline and/or cancellation of the Apprenticeship Agreement of the apprentice to the Company at any time for cause such as:
1. inability to learn;
3. unsatisfactory work;
4. lack of interest in his/her work or education;
5. improper conduct;
6. failure to attend classroom instruction regularly.
Apprentices in each of the trades covered by these standards shall be paid a progressively increasing schedule of wages as follows:
1st 1,000 hours-not less than 60% of the journeymen/women’s wage rate 2nd 1,000 hours-not less than 65% of the journeymen/women’s wage rate 3rd 1,000 hours-not less than 70% of the journeymen/women’s wage rate 4th 1,000 hours-not less than 75% of the journeymen/women’s wage rate 5th 1,000 hours-not less than 80% of the journeymen/women’s wage rate 6th 1,000 hours-not less than 85% of the journeymen/women’s wage rate 7th 1,000 hours-not less than 90% of the journeymen/women’s wage rate 8th 1,000 hours-not less than 95% of the journeymen/women’s wage rate
The apprentice shall also receive all cost of living increases as accorded to all other plant employees as well as the applicable percentage of any annual increases accorded to the journeymen/women in that trade.
Apprentices who are given credit for previous experience shall be paid, upon receiving such credit, the wage rate for the period to which the credit advances them. This shall not be made retroactive.
With respect to scheduled hours of work lost due to actual school attendance, the apprentice shall be paid the difference between his/her regular hourly rate and any compensation paid to him/her by any government agency. Hours spent in classroom instruction shall not be considered hours of work in computing overtime.
An apprentice, having successfully completed the full term of his/her apprenticeship and having received his/her Certificate as a Journeyman/woman from the Ministry of Skills Development will receive not less than the minimum rate applicable to Journeymen/women in the Trade in which he/she has served his/her apprenticeship.
(m) ACADEMIC TRAINING
Apprentices are required as a condition of apprenticeship to receive and attend classroom instructions at a technical or similar school. The schedule of work processes and related instructions and modifications thereto, will be the responsibility of the Committee, subject to final approval by the Company. The Company shall notify the Registration Agency of such changes. Credit for time spent in academic training is given in the calculation of the hours of apprenticeship served and shall be applied against the period total. A refund of the tuition fee will be made to the apprentice provided he/she attends at least seventy-five percent (75%) of the classes during the season and receives a passing grade. The student apprentice is required to furnish each month proof of his/her attendance at the school.
(n) JOINT APPRENTICESHIP COMMITTEE
There is hereby established a Joint Apprenticeship Committee as defined in paragraph
(c) hereof. This Committee shall be composed of four (4) members, two (2) representing the Company and two (2) Journeymen/women employees representing the Union.
The Chairperson shall be the Supervisor of Apprentices. The Committee shall meet once a month unless otherwise agreed. It shall be the duty of the Committee:
1. To see that each prospective apprentice is interviewed and impressed with the responsibilities he/she is about to accept as well as the benefits he/she will receive.
2. To accept or reject applicants for apprenticeship subject to final approval by the Human Resources Department of the Company as provided in paragraph (d) hereof.
The acceptance or rejection of application for apprenticeship shall be governed by the standards established herein and shall not be subject to review through the grievance procedure, unless the Company has rejected the recommendation of the Committee with respect to the selection made.
3. To hear and decide on questions involving apprentices which relate to their apprenticeship.
4. To determine whether the apprentice’s scheduled wage increase shall be withheld in the event that he/she is delinquent in his/her progress.
5. To offer constructive suggestions for the improvement of training on the job.
6. To certify the names of graduate apprentices to the Registration Agency and recommend that a Certificate of Apprenticeship be awarded upon satisfactory completion of the requirements of apprenticeship established herein. No certificate will be issued by the Registration Agency unless recommended by the Committee.
7. To review the Supervisors monthly report on each apprentice.
8. In general, to be responsible for the successful operation of the apprenticeship standards in the plant and the successful completion of the apprenticeship by the apprentices under these standards.
(o) SUPERVISION OF APPRENTICES
Apprentices shall be under the general direction of the Supervisor of Apprentices and under the immediate direction of the Supervisor of the department to which they are assigned. The Supervisor of Apprentices is authorized to move apprentices from one department to another, in accordance with the predetermined schedule of work training. Where an apprentice is retained unavoidably on a scheduled work process for a period longer than the maximum time scheduled for such work process, an explanation shall be sent to the Supervisor of Apprentices who will place it before the Committee for their review at the next meeting.
The Supervisor of Apprentices or an individual charged with the responsibility in consultation with the Committee, shall prepare adequate record forms to be filled in by the Supervisor under whom the apprentices receive direction, instruction and experience. Supervisor shall make a report at least every thirty (30) days to the Supervisor of Apprentices on the work and progress of the apprentices under their supervision. These reports shall be submitted to the Committee for review.
The apprentices will exercise their seniority in their own group. For example, if there are four apprentices in the trade such as Tool and Die Maker and a reduction in this number is required due to lack of work, the first hired or classified as an apprentice shall be the last laid-off and last laid off shall be the first to be reinstated.
Upon satisfactory completion of the Apprenticeship Program the apprentice will be given seniority equal to 100% of time spent as an apprentice. Notwithstanding the provisions of the Collective Agreement, dated July 29, 1998, between the Company and the Union, of which these Apprentice Standards shall henceforward be a part, an employee with seniority who is selected for an apprenticeship shall be permitted if affected by layoff during the apprenticeship, to return to his/her former job
classification with the same seniority date that he/she held immediately prior to becoming an apprentice.
After five-hundred (500) hours as an apprentice, an apprentice shall have as his/her seniority date the date he/she was accepted as an apprentice and shall not acquire or retain seniority rights for any classification outside that of apprentice.
(q) APPRENTICESHIP AGREEMENT
The following shall receive copies of the apprenticeship agreement.
1. The Apprentice
2. The Company
3. The Committee
4. The Registration Agency
5. The Local Union
(r) CERTIFICATE OF COMPLETION OF APPRENTICESHIP
Upon completion of the Apprenticeship under these Apprenticeship Standards and upon successful completion of any examination required by the Registration Agency, the Committee will recommend to the Apprenticeship Branch of the Ministry of Skills Development that a certificate, signifying completion of the apprenticeship, be issued to the apprentice. No certificate will be issued by the Apprenticeship Branch of the Ministry of Skills Development, unless recommended by the Committee.
This Letter of Understanding shall apply in cases where there is a dispute concerning an employee’s ability to perform a job in a layoff or recall situation. Able to perform is interpreted to mean the employee’s ability to perform the duties of his/her position after a proper training/trial period. Normal performance would include the employee’s physical ability to meet standards of production, quality and quantity generally accepted as adequate for employees in other like jobs.
The Company shall explain the requirements normally expected of the job at the time the employee is notified of layoff and recall.
The employee will be given the proper training/trial period and will be subject to the same conditions expected of all employees.
When the Company is considering the introduction of technological change affecting members of the Bargaining Unit, the Union shall be notified sixty (60) calendar days in advance of the introduction of such change and kept up to date as new developments arise and modifications are made.
The Company agrees to provide for continuing consultation and co-operation with the Union in respect to relocation and/or retraining of employees who are displaced as a result of the introduction of new technology or modification of existing equipment.
Where any such change is introduced, the Company will assume the cost of on-the-job training to afford Bargaining Unit employees who are affected and required (and who have the basic knowledge and ability to be trained within a reasonable time frame) the opportunity to keep current with such technological change affecting their work and job security.
Employees who have reasonable grounds to review their file may do so once each year, each employee with seniority may request permission to review his/her personal work history folder by completing a request form supplied by the Company.
The plant shall be considered one establishment.
To ensure that all employees understand their rights and obligations under Article 3 of the Collective Agreement the Company agrees to provide three (3) days of training for all new Management Supervisors and new Union representatives on a bi-annual basis at a centralized location. The Company agrees to provide four (4) hours of training to all new hourly
employees. Such training shall be developed and delivered jointly and may be at a centralized location.
The Company will be permitted to hire students between April 15 and September 15 each year provided there are no seniority employees on layoff. The Company agrees to give preference to children of employees. Students will not work week day overtime until all seniority employees on the shift capable of performing the work have been asked to work. Weekend overtime will be offered to seniority employees first. They shall be paid overtime rates in accordance with the overtime provisions of the Agreement. Students shall be paid eighty-five
(85) percent of the start rate for the Associate Group in which they are performing work. The Company will not hire students to circumvent hiring full time employees.
It is understood and agreed to by the parties that meaningful discussion will take place prior to awarding any members of the Bargaining Unit with incentives such as gifts, lunch, etc. It is further agreed that without prior mutual agreement, such action will not take place as it only serves to cause dissension amongst workers.
Should circumstances arise which warrant increased security, unless compelling reasons dictate otherwise, the Company will advise the Union of the nature of the problem (e.g. theft, sabotage, etc.) and of its intention to increase security.
It is agreed that effective July 29, 2000, an EAP will be implemented. The Company’s cost per employee will not exceed the projections in the proposal.
The Company and Union agree that from time to time it may be required to have employees work at the customer/supplier/other X.X. Xxxxxxx plants due to quality/production related issues. Prior to an employee leaving the plant to travel to another location for any work related purpose, the Union will be advised of:
a) the number of employees required
b) their destination
c) purpose of the visit
d) the duration of the trip
The Company agrees to solicit senior employees of the Classification(s) or Associate Group(s) required to perform such work. The employee must have the ability to perform the operations required by the Company to satisfactorily meet customer demands. All overtime work
performed at the customers location will be at the appropriate rate and shall be charged to the employee overtime record.
An employee’s actual time to travel to and back from the off-site location will be paid at the employee’s straight time hourly rate. Employees will be reimbursed as per the Company’s current policy per kilometer for use of a personal vehicle on Company business. Upon supplying receipts the Company will reimburse the employees on such business for reasonable accommodations and meals within Company approved guidelines and policy.
The parties agree that there may be times operationally when the Company may need to hire temporary part time employees (TPT’s).
Before any TPT’s are hired, the Company will meet with the Union to review its staff requirement and give the Union an opportunity to respond to the Company’s needs.
The Company will be permitted to hire TPT’s to fill in for bargaining unit employees as long as there are no more TPT than bargaining unit employees in the plant and as long as the Company has administered the placement and overtime provisions in accordance with the Collective Agreement except as agreed to below:
a) Short term production requirements not to exceed thirty (30) workdays;
b) Leaves of Absences (ie. bereavement leave, union leave, short term disability, WSIB, parental leave, any Employment Standard Act leave provision, personal leave, vacation leave, holidays);
c) When a shipment to a customer is jeopardized;
d) Cover overtime needs after all seniority and probationary employees entitled to work have been asked for all overtime available.
Such additional employees shall be classified as Temporary Part Time (TPT) employees and will form a “General Labour Pool” and subject to the following conditions of employment:
1. TPT employees will not acquire seniority pursuant to the terms of this agreement and shall be considered to have less seniority than that of a probationary employee.
2. The Company will pay the equivalent Union Dues that would have accrued for a TPT, every thirty (30) work day period.
3. The work performed by TPT employees shall be limited to that of Group II Classification of “Production Associate”.
4. TPT employees shall receive the hourly rate of a new hire, and overtime premiums after forty (40) hours worked in the week.
5. A TPT employee will qualify for holiday pay consistent with the provisions of the Employment Standards Act, 2000.
6. A TPT employee shall not work more than thirty (30) days per calendar year. In the event a vacancy exceeds thirty (30) days, the Company will discuss the specific issue with the Union and the Union will not unreasonably withhold its agreement on hiring a TPT for the duration proposed by the Company in the specific circumstance. Such extension will not exceed sixty- five (65) days.
7. The Company agrees that TPT employees will not be used to circumvent regular manpower or utilization of bargaining unit employees.
8. The Company agrees to supply the Union a daily list of TPT employees with all hours worked, upon request.
9. TPT employees will not be used to replace any employee who refused a job under the Occupational Health and Safety Act, provided the proper work refusal procedure has been followed and the TPT has been informed of their rights.
10. TPT employees will not be used during any period of layoff.
During 2013 negotiations, the Parties discussed shift flexibility due to legislative demands. The Parties agree that they would meet and discuss how to be flexible in arranging shifts if such demand arose and the Union would not unreasonably withhold their agreement.
The Company will rotate employees within their Classification as needed/required.
It is agreed that back up positions will be designated in the following classifications:
1. “Back up” employees will be trained within one month of being awarded the backup position.
2. “Back up” employees will be rotated in the back up classifications on an equal basis.
3. “Back up” employees who permanently leave their shift (more than 30 calendar days) shall lose the “Back up” designation, and will not be used in their back up designation while on an off shift.
4. “Back up” employees are intended to be used during normal weekday shifts.
5. “Back up” employees will not be used for weekend overtime until all regular employees have been exhausted within their classifications. Also, the Company agrees the “Back up” employees will not be used to circumvent regular job postings.
6. Active employees that have been laid off or bumped from a classification within the first one (1) year of recall period will be used in temporary vacancies before back up employees are used.
7. When and if a temporary vacancy in a classification continues longer than thirty (30) working days it will result in a recall into such classification.
8. Employees may only hold a “Back up” designation in one classification at any one tie. Employees who hold the classification of Welding Assembly Operator and/or Production Associate (Group II only) can only apply for a “Back up” position.
9. All “Back up” employees will be made available on each regular operating shift.
The Company will pay each employee a five hundred dollars ($500.00) signing bonus that will be paid within ten (10) days of ratification. Employees will have the option of rolling the bonus into a RSP.
The Company during negotiations 2019, has agreed to provide nine (9) early retirement windows to employees under the following terms:
Period of Application
The following provisions apply during the period commencing June 1, 2020 and ending July 5, 2020 (the “Period of Application”)
The following provisions apply during the period commencing June 1, 2021 and ending July 5, 2021 (the “Period of Application”)
The following provisions apply during the period commencing June 1, 2022 and ending July 5, 2022 (the “Period of Application”)
(a) Eligibility for ‘Special Early Retirement Window’ (SERW)
Any active or disabled Participant employed at the Windsor plant location who attains the age of 60 and completes 30 years of service Credited Service on or before December 31, 2022 may elect, during the Period of Application, to retire on the 1st day of any month up to December 1, 2022 and receive the benefits below.
Any Participant employed at the Windsor Plant location who was eligible to participate under previous Early Retirement Window Programs sponsored by the company is not eligible to participate under this Early Retirement Program.
Participants, up to three per Period of Application on the basis of seniority, wishing to take advantage of the SERW must officially make written application to the Company during the Period of Application.
(b) Early Retirement Benefits
A Participant who qualifies for the SERW and elects, during the Period of Application, to retire shall receive an annual pension, payable in monthly instalments, equal to the normal retirement pension accrued to the Participant’s credit at retirement, determined in accordance with Article VI, section 2(f), reduced by 0% per year, or portion thereof, that his age at retirement is less than age 65, effective upon the commencement of such Participant’s retirement.
For greater certainty, the company will offer special early retirement benefits as described above for up to 9 eligible pension plan Participants during the term of this contract.
In the event there is insufficient number of employees to work Saturday overtime and the Company can provide proof that customer shipment will not be met and after exhausting all options in accordance with the Collective Agreement, the Company may schedule employees with the lowest seniority in that classification to work that Saturday. Such scheduling cannot occur more than once per month. The Union will monitor this process and if found that this is being abused and not fairly utilized, this Letter of Understanding can be revoked.
The Parties during negotiations 2019, discussed the job duties of the Weld/Automation Technicians. The Company agreed to provide a job description of the Weld/Automation Technician and will meet with the Union’s Skilled Trade Representative, Health &Safety Co- chairs and the Electricians to discuss the delineation of duties. Such meeting will occur within thirty (30) calendar days of ratification.
The Parties during negotiations 2019 discussed the Company’s intentions to convert to paperless system of distributing pay stubs. The Company agreed that any employee that wishes a paper copy of their pay stub are to contact Human Resources and a copy will be provided.
All verbal disciplinary notations will be expunged from all files effective upon ratification.
The Parties during negotiations 2019 discussed the status of the parking lot. The Company confirmed that the Scrap Trucks are no longer able to access the employee parking lot.
Should any employee notice otherwise, they are to contact the Plant Manager immediately and the situation will be rectified.
The Company has also agreed that they will repair any damage to the parking lot immediately and should an employee have an issue with the condition of the lot, to contact the Plant Manager.
When circumstances dictate that work must be transferred between plants of the Company, the Company will first advise the Union, explaining the reasons for such transfer of work.
Further, the Company will give the Union the opportunity to provide input as to alternatives to such transfers and will give such input serious consideration. The final decision, however, will remain with the Company.
This will confirm the Company’s assurance given during the 1998 negotiations, wherein we agreed to the following: (The Company will forward written instructions to the Insurance Carrier that should the Carrier receive a weekly indemnity form which has insufficient information, the Carrier will telephone the plant Human Resource office to advise them to have the employee sign a waiver form. The Carrier will then advance up to a maximum of (4) week’s indemnity payments while waiting on further medical information).
The Company will supply and clean, as required, individual winter and rainwear clothing for those employees who are normally required to work outside. Clothing will include winter coats, winter boots, insulated coveralls, rain wear, weld spats and weld jackets. Additional winter and rainwear clothing will be made available in the tool crib to any employee require to work outside.
Skilled Trades Participation/Engineering Support, Forward Implementation Teams, Pilot Teams- Steady Dayshift Requirements #00 Xxxxxxxx X Supplementary Agreement Skilled Trades.
1. All Skilled Trades employees volunteering for and who have enough seniority to be awarded, the steady day shift must do so for a 12-month term. If such employee wishes to cancel his term for any reason within/before the 12 month term has been completed it shall be incumbent upon that employee to find his own replacement for the remainder of the 12 month term based on seniority. After the completion of the 12 month term any/all Skilled Trades employees that wish to stay on the shift must re-apply and all jobs will be assigned in order of seniority.
2. Upon entering the steady day shift Skilled Trades employees will be initially assigned high hours in their respective classifications, and thereafter be credited overtime hours as set out in the Collective Agreement, when asked for overtime pursuant to Article 15.
3. Skilled Trades will not work on production coverage while on Projects on the steady day shift unless an emergency situation arises.
4. Skilled Trades personnel on this shift shall receive daily work assignment from their Project Engineer Manager and report directly to such.
5. It is not the Company’s intention to decrease the current compliment of Skilled Trades for production coverage (Maintenance) personnel at this time. However, the Company reserves the right to re-allocate/assign its resources in support of business requirements and/or to decrease the compliment if production requirements decrease in the future.
6. Skilled Trades will not be moved to another shift against their wishes to accommodate Trades on a steady shift.
7. This Letter of Understanding may be cancelled by either party with thirty (30) days written notice of such intention.
ARTICLE 1 - WORK WEAR
1.01 The Company will maintain an adequate supply of clean coveralls and upon request will issue them to the skilled trades, set up operators, and janitors, and robotic press line operators. In addition clean aprons will be provided to employees on an as needed basis. The Company will continue to supply clothing allowance (3 shirts, 3 pants). Company pays two thirds and employee pays one third. One (1) free allotment of three
(3) shirts and three (3) pants will be given to production welders per year.
2.01 The Company agrees to continue to have employee entrance gate open for existing employees at the end of each shift.
2.02 Inventory – The Company will give two (2) weeks’ notice of an inventory shutdown and such notice will include a list of employees required to work during the inventory shutdown. The shutdown shall not exceed three (3) working days in any calendar year. Employees required to work during inventory will be by the most senior able employee in the classification. All material handling will be done by Bargaining Unit employees.
2.03 It is not the intent of the Company to use the paging system to give job instructions/assignments nor to have Bargaining Unit employees ignore the paging system.
The intent of the paging system is to be used as a form/tool of communication. It is not the intent of the Company to use (response to a page) for discipline.
2.04 If when a Skilled Trades person has been assigned to a job by his/her supervisor and a production supervisor is required to assign the Skilled Trades person to some other task, the production supervisor will advise the Skilled Trades person’s immediate supervisor as soon as possible.
2.05 The Company will have the right to select a vendor(s) within a reasonable geographic proximity to the plants and direct employees to those vendors to purchase prescription safety glasses, prescription glasses, safety glasses, safety shoes and tools in accordance with the conditions stipulated in the CBA. An employee who does not choose to make purchases for any of these items from the vendors selected by the Company will not be reimbursed for the purchased item(s).