CO LECTIVE AGREEME T

f ebruary 2 2"d, 2012 t o February 215\ 2013

BETWEEN

CUS OM CONTROL PANELS I NC. PRESIE TLY LOCATED AT MISSI SSAUGA, ONTARIO

(here inafter called " the Company" )

AND

COMMUNICATI ONS, ENERGY AND PAPER WORKERS UNION OF CANADA (C.E.P.)

LOCAL #546 (here inafter called "the Union")

INDEX

SUBJECT PAGE NO.

Apprenticeship Program APPENDIX '8'

Arbitration .... . .............. ... ........... .. ..... ...... . .. . ........................ 13

Bereavement ......................... . . . .............. .. ... .... ......... . . . .. .. . 13, 14

Disciplinary Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II

Duration & Tennination ............... .. .. ... .... . ..... ... ... ... ..... . .... ... .... . .... 15

Grievance Committee (Union Officers, Stewards) ...... . ..... .. . . . . ...... . .. .. . . ... . ...... .. . . 3

Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Health & Welfare ......................................... . ........... . ............... 14

[nformation to Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0

Jury Duty.............. . ... . . . . .... .. . . .. .. . . . ... . ... . . . ............................ 3

Lay-off Procedure ..... ... ... ... .... . ........ . ... .. .... .... ................ . .. . .... 7, 8, 9

Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0, l t

Meal Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Employee Health Tax (E.H.T.) . . . . . . ..... ... .. . .. . . . . ..... . .... .. . . . . . . . . . . . . . . . . . . . . . . . 14

Overtime .......................... . .. . .. . ........ . .... . . .. . . .... . .. ..... .. ... ... ... 4, 5

R.R.S.P ........ . ...... . ..... . . ..... . ........ . ........ .. ....... . . . . . .... . . APPENDIX ·c·

Rest Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . .. .. . . . .. .. 14

Seniority . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. .. . .......... . . .. . . . .. . . .... . . . . . .. . . .. . . 7, 8, 9

Service Calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15

Statutory Holidays .. .. . .. . . . . . . . . . .. . .. . . . . . .. ... . .. . . . . . ... . . . .. . . . .. . .. . . .. . . . ... .. . . 5

Vaca tion Allowance .... . . . . . . . ..... 6,

\Vages . . . . . .. . 7, APPEND!\. 'A"

W orkmg Condi tiOns ' . . .... . ..... . 9. 10

COLLI!:CTIVE AGREEMENT

February 2211d, 2012 to February 2t·~r, 2013

BETWEEN

PRESENTLY LOCATED AT MISSISSAUGA, ONT ARlO (hereinafter called "the Company")

AND

COMMUNICATIONS, ENERGY AND PAPER WORKERS UNION OF CANADA (C.E.P.)

LOCAL#546 (hereinafter called "the Union")

Article l - General Purpose

.01 The purpose of this agreement is to establish and maintain collective bargaining

relations between the Company and the Union; to provide for the prompt and

equitable disposition of grievances; to establish mutually satisfactory working

conditions, hours and wages for all employees who are subject to this agreement.

Article 2 - Recognition

2.0 I The Company recognizes the Union as the exclusive bargaining agent for all

employees of Custom Control Panels Inc. save and except foreman, persons above

the rank of foreman, office and sales staff and/or labourers regularly employed for

less than twenty-four (24) hours per week.

2.02 The Company agrees to supply the Union with names, addresses, classifications and

departments of all present and new employees covered by this agreement.

2.03 Where masculine pronouns are used they should be construed to mean male and/or

female employees.

2.04 The Company will supply a printed copy of the Collective Agreement to each local

member and a software copy to the National Representative at no cost.

Article 3 - Relationship

3.0 I The provisions of this agreement shall be applied to all employees without

discrimination on account of sex, race, colour, language, creed or national origin,

and both part ie~ a,gree to make every possible effort to ensure observance of all the

provisions

3 02 The Company and the Union agree that there will be no dtscnminatton agamst any

employee because of his membership or lack of legitimate activity in the union.

Article 4 - Management Rights

4.0 I It is understood and agreed that the Company retains exclusive jurisdiction and control over all matters and aren-; not spcc ilically mentioned in this agreement.

Article 5 - Union Security

5.0 I All new employees of the Company within the bargaining unit will become members of the Union within sixty (60) working days after they are employed by the Company (subject to qualitications of paragraph 13 .01 ) and will remain members in good standing as a condition of employment.

5.01 The Company agrees to check off union dues and initiation fees for all employees in the bargaining unit, and agrees that such deductions shall continue during the term of this agreement.

5.03 Such monies shall, together with a detailed list of employees covered by such collections, be remitted by cheque payable to the C.E.P. Secretary Treasurer during the last week of each month. The cheque shall be marked "Local #546" and the detailed list should include a statement of category and rate for the employees covered.

Article 6 - Union Officers and Stewards

6.0I The Company acknowledges the right of the Union to appoint or elect stewards to aid in the administration of this agreement.

6.02 Not more than one (I) steward will be appointed or elected for each department. In case of a night shi ft or expansion, the number of stewards shall be determined by mutual agreement of the parties.

6.03 The Company recognizes the following ofticers and committees of the Union: duly elected offices, negotiating committee of two (2) members, grievance committee of two (2) members, chief steward and department stewards. The Union agrees to notify the Company in writing of the names of all such officers and stewards. One (I) representative for every five (5) employees to a maximum of three (3) will be permitted to the negotiating and grievance committees.

6.04 Stewards, members of committees and union officers will be expected to perform their regular duties and will not leave or otherwise interrupt their regular duties to attend to union business without first obtaining the permission of the foreman or supervisor in charge. Said permission shall not be unreasonably denied.

6.05 The Company will compensate such employees at their hourly rate for time spent during their regular working hours in the handling of grievances.

6.06 '1 he Company agrees to pay members of the negotiating committee at their hourly rate for time taken during their regular working hours for negotiation of a collective agreement up to conciliation hearings.

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Article 7 - Call-In and Reporting Pay and Meal Allowances

7.0 I Employees reporting for work on their regular work day, when they have not been

nntitied ten (10) hours prior to the beginning of their shift and for whom work is not available shall be guaranteed a minimum of four (4) hours' work or four (4) hours'

pay in lieu thcreot: except in the case of tire, tlood or similar cause beyond the control of the Company.

7.02 Employees who are called in outside of their regular shift hours will receive a minimum of four (4) hours· work or four (4) hours' pay at the applicable rate in lieu thereof.

7.03 Employees who are required to work overtime directly following a shift shall be paid six dollars ($6.00) as a meal allowance where the overtime period exceeds two­and-a-half (2 Y2) hours and where the employee has not had at least sixteen ( 16)

hours advance notice.

Article 8 - Hours of Work and Overtime

8.01 The Company does not guarantee to provide work for regularly assigned hours or for any other work.

8.02 A normal work week will be Monday to Friday inclusive, forty (40) hours per week, eight (8) hours per day, five (5) days per week. The normal starting time for single shift operation is 7:30a.m.

8.03 All hours worked in excess of eight (8) hours in any normal working day up to ten­and-a-half (I OY2) hours and all time worked on Saturdays up to eight (8) hours shall be paid at the rate of one-and-a-half ( I ~) times the employee's regular rate.

8.04 All time worked in excess often-and-a-half( IOY2) hours in any normal work day, all time worked in excess of eight (8) hours on Saturday and all time worked on Sunday shall be paid at the rate of two (2) times the employee's regular rate.

8.05 Overtime following on from a normal shift will normally be performed by the employee( s) doing the job during the shift.

8.06 The employees will normally perform overtime other than the type in paragraph 8.05) who regularly do the work involved and will be allocated as equitably as possible.

8.07 While the Company has the right to request employees work overtime, employees

have the right to refuse overtime, provided there are other employees available who

are capable of performing the work. Such refusal shall count as time worked for the purpose of allocating overtime if notice has been given the day b~(ore.

8.08 The Company may change work schedules, including the scheduling of more or less

than the normal working time, but will confer with representatives of the Union Local bef()re maki ng general change in group, department or plant work schedules.

8.09 Wheu there is work available, no employee shall be sent home early during the dny and lat er recalled in order to avoid paying overtime premiums.

R. l 0 While it i" not obligatory on the part of the Company, the Company agrees that where an employee requests to work extra hours to make up time lost during the nonnal work week through absenteeism or where the lost time hours will result in an overtime situation for the Company, the hours may be made up. The overtime premium as spelled out in Clauses 8.03 and 8.04 or this Collective Agreement wlii not apply during the make-up hours.

Article 9 - Statutory Holidays

9.01 Every employee with seniority covered by this agreement as of the dates on the specified holidays listed below sha ll received one (1) day's pay calculated on the basis of his hourly rate multiplied by the number of hours in a normal work day for each of the following specified holidays:

New Year's Day Victoria Day Civic Holiday Thanksgiving Day (4) Floating Holidays Boxing Day

Good Friday Canada Day Labour Day

Christmas Day Christmas Eve

provided the employee has worked BOTH the shifts preceding and following the day on which the holiday is observed by the Company, or has been absent on one or both shifts due to illness or accident for which no indemnity is being received, or because of jury duty, death in the immediate family (see Clause 25.02), approved Union leaves of absence of short duration, or where an employee has been temporarily laid off under Article 13.02.

9.02 Employees who are requested to work on any of the above listed holidays shall be paid one-and-a-half (1 Yz) times their regular hourly rate for such work performed in addition to the statutory holiday pay.

9.03 If the specified ho liday falls during an employee' s annual vacation, payment for such holiday shall be made. Annual vacation shall be considered as worked time for the purpose of qualifying for holiday pay.

9.04 The floating holidays shall be observed at such time as mutually agreed upon between the Company and representatives of the Union Local. However, under no circumstances may observance of these tloating holidays exceed the end of each calendar year.

9.05 The Christmas and New Year schedule will be tentatively mutually agreed upon by the Company and the Union by March 1 sr of every year. Any remaining floating holidays will be tentatively scheduled by June I' ' of every year. Unused floating holidays are to be used between January 2"d and April I ,, of the following year This will be mutually agreed upon by the Company and the Union

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At1iclc 10- Vacation with Pay

I 0.0 I Annual vacations will be paid on the following basis:-

(a) Two (2) weeks after one (I) year of accumulated service if completed by the

end of the calendar year.

(b) Three (3) weeks alter tivc (5) years of accumulated service if completed by the

end of the calendar year.

(c) Four (4) weeks after eleven ( I I) years of accumulated service if completed by

the end of the calendar year.

(d) Five (5) weeks after nineteen ( 19) years of accumulated service if completed by

the end of the calendar year.

(e) Six (6) weeks after twenty-five (25) years of accumulated service if completed

by the end of the calendar year.

Notwithstanding IO.Ol (a), (b), (c), (d) or (e), an employee who is eligible for

increased vacation benefits by virtue of attainment of the service requirement wi 1

not be entitled to take additional week(s) until the anniversary date of his

employment.

10.02 The payment for each week of vacation will be determined by multiplying the

employee's gross earnings from the period July 151 to June 30th of the current

calendar year by two percent (2%). It is 11ot permissible to postpo11e vacation

period or a11y part thereof from one vacation year to another, and it is not

permissible to omit vacation and draw vacation pay allowance in lieu thereof.

Prior to July 151, vacation pay allowance (in one (1) week segments) will be paid at

the time vacation is taken. provided the employee notifies the office at least one ( 1)

week in advance. No later than July 1st of each year employees shall receive a lump

sum payment of vacation pay due for that vacation year, except f or 6111 week, which

will be paid only at the time of the actual 6111 week of vacation.

I 0.03 (a) Employees with less than one ( I) year's continuous service wi ll be granted

vacation in accordance with The Employment Standards Act.

(b) Employees who have been laid off for a period in excess of sixty (60) working

days during the vacation year (July 1st to June 30th) will be paid vacation pay in

the amount of 4%, 6%, 8%, 1 0% or 12% - whichever figure is applicable - of his

gross earnings during that year in lieu of vacation with pay.

(c) Employees with more than three (3 ) months' service with the Company whose

service is discontinued will be paid 2% for each week of vacation entitlement as

set forth in Clause 10.01 hereof. Employees with less than three (3) months'

service with the Company whose service is discontinued will be paid in

accordance with The Employment Standards Act.

IIUl-1- The Company shall have the right to schedule the time allotted to employees ti.>r vacations; however the Company will endeavour to accommodate employees· requests fiJr vacation allotment wherever possible. Such vacations will normally be tnken nfter July 1st of each year.

Article I I - Wages

11.0 I Wage rates presently in effect are shown in APPENDIX ·A·. These rates shall remain in effect for the duration of the agreement. APPENDIX ·A· shall form pm1 of this agreement.

11.02 (a) In the event that new job classifications are introduced during the life of this agreement, the Company agrees that the rates of such new job classifications will be negotiated with the Union.

(b) In the event that mutual agreement cannot be reached, the Company has the right to implement such rates and range of rates for the new job classifications as it deems appropriate. The Union, or the employees who received such rate or range of rates for such new job classifications, may lodge a grievance if they disagree with the rate.

(c) Any adjustment shall be made as of the date the new job was tirst implemented by the Company.

11.03 The parties agree that an employee who is required to work on a scheduled eight (8 ) hour shift which begins any time from I :00 p.m. and ends not later than 8:00 a.m. the following day shall receive a shift bonus of 5% per hour. Such bonus payment shal not be used in the ca cu ation of any overtime payment.

Article 12 - Production Work

12.01 The Company agrees that it will not permit any person not within the bargaining unit to perform the work or operation which would normally be done by an employee within the bargaining unit except for the purpose of instruction or in an emergency.

Article 13 - Seniority

13.01 An employee covered by this agreement shall acquire seniority after he has been employed with the Company for a total of sixty ( 60) worked days. Upon completion of such period an employee's seniority date will be calculated as commencing from the first day of employment with the Company. A probationary employee may be discharged at the sole discretion of the Company. Such probationary per' od may be extended by mutual agreement between the parties for such period as is necessary. The six- (6) month period for wage progression shall begin at the comple ion oft e probationary period.

7

13.02 Whenever circumstances require a reduction of the working torce, the f()Jiowing

procedure will be adhered to:

13.03

13.04

13.05

13.06

13.07

13.08

13.09

(a) all temporary or prohationary employees will be laid off tirst;

(b) thereatler, employees will be laid off in inverse order of seniority, provided

there arc employees available with seniority who are qualitied to do the work

required.

Notwithstanding the above, an employee may be laid off temporarily without notice

and without regard to seniority where lack of work is caused by material shortage.

In such case, the layoff shall not be more than two (2) days and no employee shall

be affected by this clause more than two (2) times in any contract year.

When recalling employees after a layoff, which has been made on the basis of

seniority, the reverse order of layoff will be followed.

When the job from which an employee has been transferred due to lack of work is

again vacant, the employee shall be entitled to be transferred to his prior job. An

employee who declines the opportunity of returning to his prior job shall forfei t the

right to return t 1erea fter.

An employee who is about to be laid off from employment with the Company will

be given three (3) working days' notice of such layoff or three (3) days' pay in lieu

of such notice. The notice shall be waived where fire, material shortage or other

similar cause beyond the control of the company causes lack of work.

Upon return to work by an employee who has been absent because of illness or

accident, if practicable, he will be o ffered his former job; otherwise, he will be

offered such other job as he may be entitled to on the basis of his qualifications and

seniority. It is not the intention, insofar as possible, that an employee shall not

suffer a reduction in the rate of pay.

For the purpose of this agreement a seniority list will be revised and posted not less

than twice a year. Two (2) copies of the seniority list will be supplied to the Union.

Transfers, promotions and demotions shall be made on the basis of skill and ability.

When a decision must be made between employees where these qualities are

deemed to be equal, seniority shall be the governing factor.

An employee shaH lose his seniority standing under the following conditions:-

(a) if the employee leaves the employ of the Company;

(b) if discharged for j ust cause and such discharge ts not reversed through the

grievance provided herein:

(c) if the employee ta ils after a layoff to retum to work within seven (7) working

days after the Company has given notice of recall by registered mail to

employee's latest known address;

(d) if the employee fails to notify the Company of his intention to return to work within two (2) days fi.11lowing receipt of notilication under Section 13 .09(c) above;

(c) if an employee overstays a leave of absence;

(I) if an employee is laid off for a period of twelve (12) consecutive months .

The provisions of Section 13.09(c}, (d) and (e) above would be subject to a

justitiable excuse, such as sickness or delay beyond the control of the employee.

13.10 An employee who transfers to a position outside the bargaining unit for a period exceeding twelve ( 12) months shall be deemed to have forfeited any further claim to seniority.

Article 14 - Job Posting

14.01

14.02

14.03

14.04

14.05

Job vacancies of a permanent nature will be posted for a period of three (3 ) working days.

Any employee may apply in writi ng within such three (3) working days, stating his qualifications for the vacancy.

The parties recognize the desirability of providing the opportunity to employees for advancement. Therefore, employees are urged to tile their application for those job classifications that they can perform or can become capable of performing under the conditions of Section 14.04 hereunder.

Employees who are transferred to fi ll vacancies as in Article 14 shall be considered to be ""in training" for a period commensurate with the requirements of the job as agreed between the Company and the representative of the Union Local. However, such period shall not be less than thirty (30) days nor more than six (6) months. In the event that there is no mutual agreement on the training period, the training period shall be thirty (30) days. The Company shall also have the right to return such employee to his former job within such agreed upon period if he is found to be incapable of satisfactorily performing the duties of the previous y vacant job. This will in no way be construed as affecting Article 13, clause 13.08.

The Union will be furnished with a list of applicants for all jobs within five (5)

working days from date of application or posting.

Article 15 - Working Conditions

15.01 The Company agrees to maintain reasonable provision for the safety and health of its employees during the hours of their employment. The Company will provide

protective devices, special apparel and other equipment that is necessary to protect the employee from injury. The Company will contribute up to $200.00 (TWO HUNDRED DOLLARS) per calendar year for one ( 1) pair to employees wearing

5afety shoes A MINIMUM OF 80% OF THE TIME upon presentation of proof of purchase

15.02 The Union agrees to assist the Company in maintaining proper observance or all safety and health nrlcs.

15 03 Should the company doctor or nurse recommend that an injured employee go home or stay off work for the remainder of the day on which the injury occurs, the employee shall be paid his hourly rate t()r the hours so lost on that day during his regular shift.

15.04 The company will contribute up to $200.00 (TWO HUNDRED DOLLARS) every two (2) years tor prescription glasses.

15.05 The company will ensure there are at least two (2) microwave ovens tor use by employees.

Article 16 - Notice

I 6.0 I The Company will provide a bulletin board for the use of the UniorL All notices must have the approval of mmtagement prior to posting.

Article 17 - Information to the Union

17.0 I Copies of all general notices which are posted on the plant bulletin board which deal with hours, wages or working conditions shall be sent to the President of the Union Local.

17.02 The Company will provide the Union with written notices of all employees within the bargaining unit hired, re-hired, laid off, discharged, resigned, disciplined, transferred, promoted and/or recalled, and notice of any rate changes. Such notices will be sent monthly to the Union Loca .

Article 18 - Access to Company Property by Union Representatives

18.0 I The company will not unreasonably withhold pennission to any authorized representative of the Union for admission to the plant during working hours.

Article 19 - Leave of Absence

19.01 Any employee or employees appointed or elected by the Union to attend a convention or conference will be granted leave of absence without pay by the Company if reasonable notice is given, and provided that the operation of the plant will not be seriously affected by the granting of such leave.

19.02 An employee who, after one ( I) year's service with the Company, is e lected as a District Officer or appointed as a National Representative of the Union shall . on making fi fteen ( 15) days' prior written application to the Plant Manager and stating a defmite period for the absence, be granted leave of absence during the term of oftice (with accumulation of seniority) not to exceed one ( I) year.

10

19.03 Such leaves of absence may, on receipt of tilleen ( 15) days' prior \Hillen application, be extended from year to year, including maintenance of seniority, but

are not to exceed a total of live (5) years' leave or absence by any em ployee.

19.04 Upon retum to work, such employee will be reinstated to their fonner posi tion wi th

full rights, provided they possess the necessary skills and ability.

19.05 The company may grant leave or absence, 111 wntmg without pay, for icgitimate personal reasons, including illness or accident. The Union will be supplied by the

Company with a list of all employees on an extended leave of absence. Seniority wi II be accumulated during any authorized leave of absence.

19.06 The Company will grant leave of absence without pay to a pregnant employee upon

written request, subject to the following conditions:-(a) the employee must have twelve ( 12) months' seniority at the time leave of

absence commences; (b) medical certificate verifying employee's condition must be supplied; (c) leave may be granted for a period of two (2) months prior to due-date and three

(3) months following birth.

The foregoing clause shall not restrain the Company from requiring a pregnant employee (prior to due-date) to go on such leave of absence on the grounds that said employee's physical condition may constitute a hazard to either the employee or fellow employees, or is interfering with the employee's ability to perform the work required.

Article 20 - Disciplinary Cases

20.0 1

20.02

20.03

20.04

20.05

20.06

In the even that an employee feels that he has been unjustly disciplined by discharge, suspension or written warning, he and/or the Union may ask for and receive the reason for disciplinary action from the Company.

A claim by an employee or the Union that he has been disciplined without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company within three (3) working days after the employee's last day worked (in

the case of suspension or discharge).

All preliminary steps of the grievance procedure prior to Second State (see Article 21) will be omitted in case of suspension or discharge.

Discharge, suspension or written warning grievances may be settled by confirming

the company's action or reinstating the employee with or without compensation for

time lost.

A discharged or suspended employee will be permitted to interview his steward for

a period of time before leaving the plant.

It is agreed that written warnings one ( I) or more year old will not be used as

evidence in arbitration cases.

II

Article 2 1 - Grievance ProccJurc

21.01

21.02

21.03

2 1.04

2 1.05

2 1.06

-1 .07

2 1.08

It is the mutual desire of both parties that complaints shall be adjusted as quickly as p•Y:;~ible. Both part i~'<: th~'rt>f'i)rt" rt>cn~ni7f' th;,t the supervisor shou ld be infom1cd as quickly as possible of the employee's complaint and that in ordinary circumstances an employee shall not resort to the following grievance procedure until he has given his immediate supervisor an opportunity to adjust his complaint. The employee may request the assistance of a steward when taking up a complaint with his foreman.

First Stage If an employee has any matter to take up with the company which is in the nature of a grievance, he may take the matter to the union steward in his section and the Union may present the matter, in writing, to the foreman of the department. The grievance must bear the signature of the employee, a statement of the complaint and the signature of the foreman indicating time and date received. The foreman shall give an answer in writing within one ( 1) working day if possible, and in no case exceeding two (2) working days.

Second Stage If a settlement is not reached, the grievance may be referred to the Union Grievance Committee and such committee may take the mater up with the Plant Manager or his representative. The grievance, in order to remain active, must be filed within four (4) working days after the Company has given an answer in the First Stage.

A meeting will be held within one ( 1) week of receipt of the grievance by the Plant Manager or his representative, and the Company will give the Union a minimum of twenty-four (24) hours' notice of this meeting. The Plant Manager or his representative will give an answer within four (4) working days.

At any of the conferences in the Second Stage of this Article, the Union or employee shall have the right to have present an agent or official of the Union or any employee possessed of factual knowledge touching the matter in question. The Company shall also have the right to have present any officers, officials, agents or other employees of the company selected by it.

The Union or the company may tile a policy grievance or grievances on behalf of the groups of employees alleging violation, misrepresentation or non-application of any provision of this agreement. Such a grievance will be dealt with beginning at Second Stage as per Article 21.03.

Failure of the Company or the Union to reply within the time limits prescribed above shall mean that the grievance is allowed or abandoned as the case may be.

When, in the opinion of either the Union or the Company, a satisfactory dispositwn of a grievance would be facilitated, the time limits provided in the above step of the grievance procedure may be extended by mutual consent.

I~

Article 22 - Arbitration

22.0 I

22.02

22.03

22.04

22.05

Should the Company and the Union tail to reach abrreement in regard to any differences conceming the interpretation or alleged violation of this Agreement, the matter may, on the application of either party. be referred to Arbitration.

When either party requests that a grievance be submitted to arbitration, it shall make such a request in writing addressed to the other party to the Agreement. Within ten (I 0) days thereafter, or such longer period as may be mutually agreed upon, the parties will endeavour to agree upon a single Arbitrator. If agreement cannot be reached on the selection of the Arbitrator, then the Minister of Labour of Ontario will make the appointment of the single Arbitrator upon the request of either party.

Costs related to the arbitration shall be paid by the Company and Union in equal parts.

The decision of the Arbitrator is to be made, if possible, within seven (7) days from the time the matter is presented to the Arbitrator, and shall be final and binding on both parties and upon any employee affected by it.

The Arbitrator will not have jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, nor give any decision inconsistent with the term and provisions of this Agreement.

Article 23 - Strikes and Lock-outs

23 .01 During the terms of this agreement the Company agrees that there shall be no lock­out and the Union agrees that there will be no strike or other stoppage of work. The company and the union accept all obligations under the Ontario Labour Relations Act as if such governing legislation as contained herein in relation to strikes and lock-outs.

Article 24- Jury Duty

24.01 An employee who is called for jury duty will receive for each day of absence the difference between pay lost (computed at the employee's hourly wage rate) and the amount of jury fee received, provided that the employee furnishes the company with a certificate of service signed by a Clerk of the Court showing the amount of jury fee received.

Article 25 - Bereavement Pay

25.01 In the event of a death in the immediate family, an employee with seniority shall be granted up to three (3 ) days· absence with pay at his hourly rate for the nonnal number of hours m hts regular shift for absence up to and including the day of the funera l, provided that such absence occurs during his nom1al work period.

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25.02 The term ·' immediate family" shall mean: spouse, common-law spouse, parent. parent-in- aw, sibling and/or child.

Article 2o- Rest Periods

26.0 I Employees shall be allowed two (2) ten ( 10) minute rest periods each shift. In the event that employees work beyond their nmmal shift a minimum of two (2) hours, an additional rest period shall be granted.

Article 27- Health and Welfare

27.01

27.02

27.03

27.04

27.05

It is agreed the Group Insurance and Hospitalization Plans in effect at the signing of this agreement shall not be changed during the life of this agreement without the consent of the Union.

The company will continue to provide and pay 100% of the cost of Group Life, Wage Indemnity and Medical Plans in effect on the date of this agreement, and in addition will modify these as foliows:-(a) Maximum weekly indemnity coverage will be the maximum permissible under

the Employment Insurance Act, on a 1-4-26 formula basis, but not less than amounts paid as at February 1 5', 1979.

(b) Major Medical Insurance Plan will provide $25 .00 deductible, single and family, with no co-insurance.

The Company will pay (as required by law) 100% of the Employee Health Tax (E.H.T.).

In the event that the Government of Canada or the Government of Ontario should enact legislation which affects the benefits of the employees' Group Insurance or Hospitalization Plans, the parties hereto shall meet to negotiate any changes required to maintain the benefits in the employees ' Group Insurance and Hospitalization Plans in effect on the date of the signing of this agreement. Such meeting shall take place no later than thirty (30) days subsequent to the enactment of the legislation.

The full cost of the present long term disability program will be paid by the Company for all employees in the bargaining unit.

Article 28- R.R.S.P.

28.01 The Company agrees to provide R.R.S.P. benefits as outlined in APPENDIX ·c'.

Article 29 - Service Calls

29.01 The Company will normally provide a vehicle for outside service calls.

29.02 Where no company vehicle is available, the employee may elect to use his own vehicle and assume all liability connected with such use. In retum. the Company sha ll pay the employee $0.75 (seventy-five cents) per kilometer.

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29.03

29.04

29.05

For employees on outside service calls who must remain away from home, the Company will pay $75.00 a day per diem, with option to review as needed ..

For employees on outside service calls, overtime will be paid after the normal quitting hours 1n the plant in accordance with Article 8 of this Collective Agreement.

A fiat premium of $0.50 (fifty cents) per hour will be paid to employees performing service work away from their normal place of work to compensate in some measure for inconvenience caused. Travel time will be paid a flat premium of $0.50 (fifty cents) per hour. Service work associated with overnight travel will be paid at a rate of one-and-a-half for hours worked (not travel time).

Article 30 - Contracting out of Work

30.0 I The Company agrees that there will be no contracting out of work normally clone b) employees in the bargaining unit, provided there is an employee available to perform said work.

Article 31 - Training Program

31.0 I It is agreed that employees who take courses of mutual benefit shall be reimbursed the costs of such courses upon graduation, provided the course is authorized and approved by the Company prior to the employee's commencement, the employee is currently employed and working, the course is taken on the employee's own time. and progress reports are provided.

Article 32 - Apprenticeship Program

32.0 I The apprenticeship program and its terms are contained in APPENDIX 'B ·,which

Article 33 - Duration and Tem1ination

33.01

33.02

33.03

This agreement shall remain in effect from Fehru£111' 22nd, 2012 until Fehruarr 21st, 2013 unless either party gives to the other written notice of termination or or its desire to extend duration.

Notice that amendments are required or that either party intends to terminate the agreement may only be given within a period of ninety (90) days prior to the expiration of this agreement.

If notice of amendment or termination is given by either pa11y, the other party agrees to meet for the purpose of negotiating such proposals within ten (I 0) days after the giving of such notice. Both pa11ies agree to make every effor1 to conclude negotiations prior to the expiry of this agreement.

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MEMORANDUM OF AGREEMENT

The Union recognizes that management can test products for quality assurance and/or other

production needs. Management will try to keep it to a minimum and in no case will

management's sole purpose for testing be to lay off an act ive bargaining unit member.

Management will inform the Union when it is performing testing task.

Signed th is day of 20 I ·1- in the I

Municipality of Peel at Mississauga, Ontario.

SIGNED N BEHALF OF THE COMPANY: ~-7

APPENDIX 'A'

MINIMUM WAGE RATE

CUSTOM CONTROL PANELS INC. and C.E.P. and its LOCAL #546

EFFECTIVE FEBRUARY 22na, 2012:

CLASSIFICATION START 6MONTHS

1) Wireman Instrument Piping Fitter - Master $26.40

2) Wireman Instrument Piping Fitter - I ' 1 Class $24.88 $25.65

3) Wireman Instrument Piping Fitter- 2"d Class $23.45 $23.93

4) Wireman Instrument Piping Fitter- 3"1 Class $20.73 $21.55

5) l.abourer $ 4.87 $16.00

Arter six (6) months at the top rate of his classification. the Company w ill review an employee's performance and he will either be promoted to the next rate in progression or retained at his then­current rate, with the employee having the right to grieve. The six (6) month period for wage progression shall begin at the completion of the probationary period.

If someone is hired one ( 1) of the following will apply: his assessment will not take place for the allotted six (6) months OR everyone in the same class will be assessed.

The classification ·LEAD HAND' has been provided to cover the category that will be uti lized frotulime to time as circumstances require. A Lead Hand will be appointed at the sole discretion of the Company and will be paid one dollar ($ .00) per hour above his current rate for hours so required to act.

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APPENDIX 'B'

APPRENTICESHIP PROGRAM

CUSTOM CONTROL PANELS INC. and C.E.P. and its LOCAL #546

Should the Company decide to implement an Apprenticeship Program for wiremen, the specifics

of the program (such as length of training, rates of pay and rate progressions) shall be negotiated at

such time. Any dispute shall be settled by reference to Article ll.Ol(b) and Article 22.

RATES 2012 ....

151 term apprentice (50% of 2"d class rate): $ 1 .97

200 term apprentice (60% of 2nd class rate): $ 14.36

3'd tl:rm apprentice (75% of2"d class rate): $ 17.95

41" !cnn apprentice (85% of2"d class rate): $20.34

The terms will be determined jointly by a group comprised of the General Manager, Shop

Foreman and Union Represen ative. Said apprenticeship will last approximately six (6) months

per ten 11 for suitable people.

The ahm c-mentioncd group wil also oversee the program in its entirety.

IX

APPENDIX 'C'

REGISTERED RETIREMENT SAVINGS PLAN (R.R.S.P.)

CUSTOM CONTROL PANELS INC. and C.E.P. and its LOCAL #546

The Company agrees to continue the compulsory non-contributory R.R.S.P. to which it shall contribute Two Dollars ($2.00) per hour for each employee for all hours worked up to a maximum of two thousand (2,000) hours per year, effective from February 22nd, 2012 to February 21st, 2013.

An employee must have one (1) year accumulated service before he is enrolled in the R.R.S.P. After one ( 1) year of accumulated service, a full year of premiums is paid retroactively on behalf of the employee.

The employee has the option of voluntarily making additiona contributions to the R.R.S.P.

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