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COLLECTIVE AGREEMENT 'DJ3Q.

BETWEEN:

Ministry of Labour Dispute Resolution Services Collective Bargainipg 1 s ... .r AND COMMERCIAL WORKERS

NADA, LOCAL 175 Vl'il I'-'-' 1 '-''-''-

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HOSPITAL FOOD SERVICES- ONTARIO INC./ SERVICES ALIMENT AIRES HOSPITALIERS ONTARIO

INC. 0/A. HFAL THr.ARE FOOD SERVICES

(Hereinafter called the "Employer'')

WITNESSETH that, in consideration of the mutual terms and covenants contained herein, the parties hereto hereby agree as follows:

EFFECTIVE DATE: January 16th, 2015 to January 6th, 2018

FEB 1 2 2015

COLLECTIVE BARGAINING . INFORMATION SERVICES

INDEX

ARTICLE 1- RECOGNITION AND COVERAGE ................................................................................... 1

ARTICLE 2- DE FIN IT IONS ....................................................................................................................... 2

ARTICLE 3- MANAGEMENT Rl GHTS ................................................................................................... 3

ARTICLE 4- UN I ON REPRESENTATION ............................................................................................. 4

ARTICLE 5 - UN I 0 N SECURITY ..................................................... : ...................................................... 6

ARTICLE 6 - LEAVES OF ABSENCE .............................................. ; ...... : ............................................... 7

ARTICLE 7 ABSENCE l ........ ·-·····" .... . ............ ····-"-"'-'"' """ '"""' - . "". ""'." """""""""""""""" "". """""""". ,. """"""". """"" """""" """"". ".11 . . ' :~ ;~ ·~ L~-: __ ;

",.._,_,..,,.,.,__li<-"'""""'_.."'_ .... _,.4,;.M"<'"'""='~• ·

ARTICLE 8 -LABOUR MANAGEMENT COMMITTEE ................... ; ................................................... 12 :

ARTICLE 9 - DISCIPLINARY MEASURES ..................................... ~::':':~=:::~":"::.:.~: ... : ................ 12

ARTICLE 1 0 - GRIEVANCE PROCEDURE. .................................... : ................................................... 13

ARTICLE 11 - ARB ITRA Tl ON ............................................................................................................... 15

ARTICLE 12 - HEALTH AND SAFETY ................................................................................................ 16

ARTICLE 13 -DISCRIMINATION, HARASSMENT & BULLYING, ................................................... 17

ARTICLE 14 - SENIORITY AND SERVICE .................................... ;.:.:::::.:: .. :.::: ...... ~ .. :-.:::·::·:::: .... : ........ 18

ARTCILE 15- PROBATIONARY PERIOD ........................................ ~.~·::: .. :·.:~:~·.:::~:::::-::::::::::·::·.::·:::::~19' ..

ARTICLE 16 - JOB POSTING ............................................................................................................... 20

ARTICLE 17 - HOURS OF WORK ....................................................................................................... 22

ARTICLE 18- REST AND LUNCH PERIODS .................................................................................... 23

ARTICLE 19- CALL-IN & REPORTING ALLOWANCE ................................................................ 23

ARTICLE 20 - OVERTIME ...................................................................................................................... 24

ARTICLE 21 -REDUCTION OF HOURS, LAY- OFF AND RECALL .............................................. 25

ARTICLE 22 - WAGE RATES ............................................................................................................... 2 7

ARTICLE 23 - VACATIONS ................................................................................................................... 28

ARTICLE 24 - HOLIDAYS ...................................................................................................................... 32

(INDEX Con't)

ARTICLE 25- PRODUCTIVITY INCENTIVE PLAN .......................................................................... 33

ARTICLE 26 -INCOME SECURITY- FULL -TIME EMPLOYEES ................................................ 34

ARTICLE 27 -INCOME SECURITY- PART-TIME EMPLOYEES ................................................. 34

ARTICLE 28- EARNED BENEFITS ..................................................................................................... 35

ARTICLE 29- PENSION BENEFITS- FULL-TIME and PART-TIME EMPLOYEES ................ 37

ARTICLE 30- GENERAL ........................................................................................................................ 37

ARTICLE 31 -STRIKE AND LOCK-OUT ............................................................................................ 38

ARTICLE 32- DURATION AND RENEWAL ....................................................................................... 38

APPENDIX "A" .......................................................................................................................................... 39

APPENDIX "B" .......................................................................................................................................... 41

RE: SIGNING OF LETTERS OF AGREEMENT ................................................................................ 42

RE: LEUKEMIA PAYROLL DEDUCTION ........................................................................................... 43

RE: ORIENTATION MEETING .............................................................................................................. 44

RE: OVERTIME DISTRIBUTION .......................................................................................................... 45

RE: REDUCTION OF HOURS .............................................................................................................. 47

RE: VACATION CARRIES OVER ........................................................................................................ 48

RE: CREATION OF FULL TIME POSITIONS ..................................................................................... 49

HEALTHCARE FOOD SERVICES (the "Employer")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (the "Union")

The purpose of this agreement is to establish and define the wage rates, hours of work and other conditions of employment for all employees who are included in the bargaining unit; to provide an orderly procedure for prompt and equitable settlement of any grievance or dispute.

It is the responsibility of the parties hereto and of all employees, to co-operate fully in the administration, interpretation and application of this agreement and to contribute to the maintenance of harmonious relations.

ARTICLE 1- RECOGNITION AND COVERAGE

1.01 The Employer recognizes the Union as the bargaining agent of all employees of Hospital Food Services Ontario Inc. I Services Alimentaires Hospitaliers Ontario Inc. o/a Health care Food Services in Ottawa, Ontario, save and except, office staff, graduate dieticians, maintenance employees, supervisors, persons above the rank of supervisor, and up to eight (8) students employed during the school vacation period.

1.02 No employee within the bargaining unit shall be required or permitted to make any written or verbal agreement with the Employer or its representative(s) which may conflict with the terms of this Collective Agreement without the written agreement of the Employer, employee and the local Union.

1.03 Persons who are not employees within the bargaining unit will not perform functions normally performed by bargaining unit employees to the extent that it would adversely affect hours of work or employment in the bargaining unit.

1.04 Students cannot execute bargaining unit work while an employee's regular shift has been shortened in a department or the work week has been reduce because of lack of work or while an employee is on lay-off. Students shall not be paid more than the base rate of a team member classification when doing bargaining unit work.

1.05 Positions outside the Bargaining Unit

No employee shall be transferred to a position outside the bargaining unit without his consent. If an employee accepts a non-union position with the Employer, it will grant the employee a probationary period of ninety (90) working days unless extended by mutual agreement of the Union and the Employer. Should the probationary period be unsuccessful, the employee may return to his former position in the bargaining unit within the probationary period without loss of seniority, benefits or wages.

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The opportunity for any given employee to return to the bargaining unit from an excluded position shall be limited to two (2) occasions and up to ninety (90) working days unless extended by mutual agreement of the Union and the Employer.

1.06 Team Leaders

Team Leaders are responsible for directing work in their assigned area. Team Leaders cannot recommend or issue disciplinary measures Team Leaders are not to be involved in any administrative process related to attendance of an employee, whether it is for absence, floaters, lateness, vacation or any other issues related to leave of absence.

ARTICLE 2- DEFINITIONS

2.01 The "Employer" is Hospital Food Services Ontario Inc. I Services Alimentaires Hospitaliers Ontario Inc. o/a Healthcare Food Services.

2.02 The "Union" is the United Food and Commercial Workers Canada, Local 175.

2.03 A "Union Representative" is a representative of the United Food and Commercial Workers Canada or its international affiliates.

2.04 "Bargaining Unit" shall mean all employees as per the Recognition Clause at Article 1.01 of the Collective Agreement.

2.05 A "Union Steward" is an employee in the Bargaining Unit, selected by the Union, to act on its behalf.

2.06 Where a dead line in this agreement for doing anything expires or falls on a Saturday, a Sunday or on a Statutory Holiday, the dead line extends the next day following that is not a Saturday, Sunday or a Statutory Holiday.

2.07 For any purpose related, the expression "department", as used in this collective agreement the word "department" shall be defined by reference to the following eleven (11) departments:

1. Meal Assembly; 2. Boxing; 3. ICC, Wet Prep. and Meat Prep; 4. Distribution; 5. Receiving; 6. Sanitation; 7. Drivers; 8. Bakeshop; 9. Ware wash; 10. Kitchen; 11. Sandwich line.

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It is understood that over the course of this agreement a "department" may be added or deleted to meet the needs of the business.

2.08 For the purpose of interpretation, whenever the masculine gender is used in the Collective Agreement, it shall be deemed to include the feminine, and the singular shall include the plural and vice-versa, wherever the context so requires.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges and agrees that it is the exclusive right of the Employer to maintain and exercise all managerial authority, rights and prerogatives subject only to any limitations imposed by specific provisions of the Collective Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive right of the Employer to:

a) maintain order, discipline, and efficiency;

b) hire, assign, discharge, direct, classify, transfer, promote, demote, layoff and suspend or otherwise discipline employees, subject to the provisions of this Agreement;

c) determine, in the interest of efficient operation and highest standards of service, job rating or classification, the hours of work, scheduling, work assignments, methods of doing the work, procedures, programs and the working establishment for the service and the location of work;

d) generally to manage the operation of the Employer and without restricting the generality of the foregoing, to determine the number of personnel required, the standards of performance for all employees, the services to be performed and the methods, procedures and equipment in connection therewith;

e) make, enforce, and alter from time to time rules and regulations to be observed by the employees; and

f) determine and exercise all other functions and prerogatives which shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement.

3.02 The Employer agrees that in the administration of its Management Rights it will do so in a fair and equitable manner and will not exercise its functions in a manner inconsistent with the provisions of this Agreement.

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ARTICLE 4- UNION REPRESENTATION

Meetings between Union Representative, Union stewards and members of management pertaining to the administration and application to the terms of this agreement, shall be scheduled at times and places on Employer premises or other premises suitable to both the Employer and the Union.

4.01 Union Stewards

a) The Union shall have the right to appoint up to three (3) stewards, one (1) of which will act as chief steward to represent the employees in matters pertaining to the administration and application to the terms of this agreement. The Union shall notify the Employer, in writing, of the names of such stewards and may also notify the Employer of the names of not more than an equal number of additional employees who may serve as alternate stewards in the event that the regular steward for that department or shift is not available on site. The Employer will not recognize any individual as a steward or alternate steward until it has received such notification from the Union.

b) The Employer agrees to grant stewards time away from work with pay as may be reasonably necessary to service a complaint, a grievance, potential grievance excluding grievance mediation and arbitration.

c) The parties recognize that stewards have regular duties to perform on behalf of the Employer. Stewards will discharge their responsibilities without interfering with the operation of the department and will not leave their work without obtaining the permission of their Supervisor which will not be unreasonably withheld. It is agreed, however, that upon notifying the Supervisor as to the complaint, grievance or potential grievance being processed, the steward shall have the right to go into departments other than his own for the purpose of consulting on complaints, grievances or potential grievances in the event that the regular steward or the alternate steward for that department is not available. When such business has been completed, the steward will notify the supervisor when resuming his normal duties.

d) The Employer agrees to recognize: Union Stewards, a Labour-Management Committee, a Negotiating Committee and a Grievance Committee. All Committee members and stewards must be full-time or part-time employees who have completed their probationary period. For the purpose of this Article, the name and position of each of the committee members and Stewards shall be given to the General Manager or designate in writing and the Employer shall not be required to recognize any such committee member or steward until it has been notified.

4.02 Union Representatives

With the written authorization of the General Manager or his designate, a Union Representative may be entitled to visit the Employer's premises to interview employees or to inspect working conditions and to deal with matters arising out of

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the administration of this Agreement. Such authorization shall not be unreasonably denied. If such authorization is granted, the Union Representative shall notify the Employer immediately upon his arrival. It is agreed that during such visit, the Union Representative will not interfere with the Employer's operations.

4.03 Negotiating Committee

a) The Employer will recognize a Negotiation Committee consisting of not more than three (3) members of the bargaining unit, two (2) from the full time employees, one (1) from the part time employees, one of which will be the Chief Shop Steward.

b) Negotiating Committee members shall suffer no loss of regular remuneration for time spent at the negotiations, including conciliation, and mediation on which Employer's negotiators are present for all or at least part of the time to a maximum of eighty (80) hours. Any time in excess of eighty (80) hours will be invoice to the Union.

If such meeting occurs during the member regular's day off, such employee shall be provided with the option to have his work week reduced by one (1) day with pay or with a floater day with pay that will be schedule at later date upon mutual agreement.

c) In the event an employee on the evening shift is part of the Negotiating Committee, such employee shall not be scheduled later than 21:00 the evening before the meeting and shall not be scheduled to work the day of the meeting. In in any event, such employee shall not suffer any loss of wages and premiums for such reduction of hours as if actively at work.

d) In the event an employee on the night shift is part of the Negotiating Committee such employee shall not be scheduled to work on either or the night prior and/or the night of the meeting. In in any event, such employee shall not suffer any loss of wages and premiums for such reduction of hours and shall be consider as if actively at work.

e) The Parties shall share the cost of the meeting rooms if any when in attendance for all negotiations, including conciliation and mediation.

4.04 Grievance Committee

The Employer agrees to recognize a Grievance Committee composed of the Chief Steward and not more than two (2) stewards selected by the Union. Committee members shall suffer no loss of earnings for time spent during their regularly scheduled working hours in attending meetings with the Employer, excluding mediation and arbitration.

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Such meetings shall be scheduled at times and places on Employer premises or other premises suitable to both the Employer and the Committee .. Should a Committee member attend such meeting outside his scheduled shift, he shall be paid at his regular rate of pay for the time he attends the meeting.

4.05 Union Activity on Premises

The Union agrees that neither it, nor its officers, agents, representatives and members will engage in the solicitation of non-bargaining unit employees, holding of meetings or any other Union activities on the Employer's premises or the Employer's time without the prior approval of the General Manager or designate, except as specifically provided for in this Collective Agreement.

4.06 Union Orientation Meeting

On commencing employment, an employee will be advised by the Employer that a Union Agreement is in effect.

ARTICLE 5- UNION SECURITY

5.01 As a condition of employment, bargaining unit employees must be members of the Union in good standing.

The Employer shall remit to the Union, within fifteen (15) calendar days following date of hire the United Food and Commercial Workers International Union Membership Application Form signed by the new employee.

5.02 a) (i) The Employer shall, during the term of this Collective Agreement, as a condition of employment, deduct from employees of the bargaining unit, the regular by-weekly Union Dues and such dues shall be remitted to the Union prior to the twenty (20th) day of the month following the month in which such deduction is made;

(ii) The Employer shall collect membership initiation fees as may be established by the Union and forward application forms and such fees to the Union with the regular monthly dues remittance.

b) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail (remit@ufcw175.com) as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union and available to · the employer. The spreadsheet will be in a format provided by the Union as available by the employer and the Employer will provide the following information: as known to the Employer.

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·i. S.I.N. 2. Employee number, if applicable 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time or part-time designation 10. Union dues deducted (or the reason a deduction was not made). 11. Total dues deducted* 12. Initiation fees deducted* 13. Total initiation fees deducted*

Note*: On a separate document.

5.03 The Employer agrees to record the annual Union dues for each bargaining unit employee on his/her T4 form.

5.04 By virtue of their membership in the Union, bargaining unit employees consent and agree to collection, use or disclosure of personal information as it relates to their membership in and representation by the Union and further agree not to seek remedy for such disclosure.

5.05 The Union agrees to indemnify and save the Employer harmless with respect to any and all claims or other forms of liability that the Employer may incur resulting from deductions and remittances made in accordance with this Article.

ARTICLE 6- LEAVES OF ABSENCE

6.01 Personal Leave

a) A Personal leave of absence without pay may be granted to an employee at the discretion of the Employer. Such decision will be made in a fair and equitable manner.

b) An application for a personal leave of absence shall be made in writing to the Employer at least two (2) weeks in advance or as early as possible in case of an emergency situation. The application shall indicate the desired dates for departure and return from the leave of absence.

c) Where an employee is granted a personal leave of absence of more than one (1) months' duration without pay, and that employee is covered by any or all of the plans specified in this collective agreement, that employee may, subject to the Insurer's requirements, make prior arrangement for the prepayment of the full premiums for the applicable plans at least one (1) pay period in advance. The

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time limits as provided for in this Article may be waived in extenuating circumstances.

d) An employee who has been granted a personal leave of absence without pay shall not work for gain during the period of leave of absence except with the express consent of the Em player.

6.02 Jury Duty/Witness Leave

If an employee is required to serve as a juror or required to attend jury selection in any court of law or required by subpoena to attend as a witness in a court proceeding in which the Crown is party, the employee shall not lose regular pay because of necessary absence from work due to such attendance, and shall not be required to work on the day of such duty, provided that the employee:

a) Notifies the Employer immediately upon being notified that the employee will be required to attend court;

b) Presents proof of service requiring attendance;

c) Promptly repays the Employer the amount (other than expenses) paid to the employee for such service as a juror or for attendance as such witness; and

d) The duty falls on a regular work day on which the employee is scheduled to work.

Note; This Article shall not apply to an employee who is party to a cause, action, trial or dispute.

6.03 Pregnancy and Parental leave

a) The employee shall give written notice to the Employer as prescribed below:

i) Two (2) weeks written notice1 of the date that the leave is to begin;

ii) Four (4) weeks written notice of the date of return, if not taking for the maximum benefit allowed.

Note1: This notice requirement will be shortened in circumstances where medical complications occur in the two (2) weeks prior to the beginning of the initially approved leave.

b) Where an employee with at least one (1) year of seniority qualifies to adopt a child, such employee may be entitled to request a leave of absence without pay. The length of such leave will be considered on an individual basis in accordance with adoption agency requirements. Such employee shall advise the Employer as far in advance as possible of qualifying to adopt, and shall request the leave in writing upon confirmation of the pending adoption.

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c) Upon return from pregnancy, parental or adoption leave the employee shall be reinstated to the same position with the same hours of work and the same rate of pay, provided that this is available.

d) If the mother dies during childbirth or during her pregnancy leave, the father, in the event that he has legal custody of the child, shall be entitled to the equivalent to pregnancy leave. ·

e) An employee who requests and qualifies for pregnancy and parental leave shall be granted an unpaid leave of absence on the basis of the Employment Standards P·,ct.

f) An employee shall have the right to continue employment during the period of parental and pregnancy leave. The Employer will make every effort to accommodate any medical restrictions placed on the employee; this will include modification of the schedule, modification of the work or workplace except where such modification would constitute undue hardship.

6.04 Bereavement Leave

a) An employee who notifies the Employer as soon as possible following a bereavement shall be granted up to five (5) consecutive days off commencing with the day following the date of death, without loss of regular pay from regularly scheduled hours, in order to be with their loved ones, to make arrangements for the funeral; to attend the funeral and/or to grieve the loss of his immediate family whose funeral cannot be attended by the employee. "Immediate family'' means an employee's spouse or same sex domestic partner (as defined by the Family Reform Act), children (including foster, stepchildren and children of the employee's same sex domestic partner); the employee's parents, guardian, siblings, wards, or spouse's parents or same sex domestic partner's parents.

b) An employee shall be granted up to three (3) day bereavement leave without loss of regular pay from regularly scheduled hours in conjunction with the death of the employee's grandparents, grandchildren or the spouse's grandparents, grandchildren.

c) An employee shall be granted one (1) day bereavement leave without loss of regular pay from regularly scheduled hours to attend the funeral of his brother in-law or sister-in-law.

d) One (1) additional day of bereavement leave shall be granted to an employee in the event that the death of children (including foster, stepchildren and children of the employee's same sex domestic partner); the employee's parents, guardian, siblings, wards, or spouse's parents or same sex domestic partner's parents causes travel beyond three hundred (300) kilometers (one way) to both make arrangements for and to attend the funeral.

e) If bereavement falls during an employee's vacation, the employee will be granted bereavement leave with pay for days he would have otherwise be scheduled to work if he would not have been on vacation and the vacation credits will be restored.

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The employee is entitled to defer taking vacation until the leave expires or, if the supervisor and employee agree to a later date, until that later date occurs, provided that adequate proof is provided.

6.05 Education Leave

a) An employee will be granted a leave of absence with pay, where the Employer has identified and approved a program necessary for the functioning of the employee's position. The Employer will pay any necessary tuition costs associated with the approved course.

b) Where an employee identifies a program, and is approved by the Employer, the Employer will reimburse the course fee up to fifty percent (50%). To be eligible for re­imbursement the employee must have successfully completed the course and received at least a "B" rating or 70% as the case maybe.

6.06 Emergency Leave

a) All employees are entitled to take a total of eighty (80) hours for emergency leave of absence each calendar year, without pay, because of personal or immediate family illness, injury or medical emergency as per E.S.A..

b) An employee who wishes to take emergency leave must advise the Employer that he will be doing so. If the employee must begin the leave before advising the Employer, the employee must advise the Employer of the leave as soon as possible after beginning it.

c) The Employer may require an employee who wishes to take emergency leave to provide evidence reasonable in the circumstances that the employee is entitled to the leave.

d) If the employee is at work and is required to leave and takes part of a day representing more than half of their scheduled shift as emergency leave, the Employer will deem the employee to have taken the equivalent full scheduled shift leave for the purpose of calculating the total leave entitlement.

e) If an employee is at work and is required to leave due to an emergency excluding personal illness, the Attendance Bonus will not be affected. If an employee is at work and is iequired to leave due to personal illness, the attendance bonus will be affected.

f) If an employee is not at work and calls in to use emergency leave, excluding personal illness, the Attendance Bonus will be affected after the fifth and subsequent incident.

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ARTICLE 7- ABSENCE

7.01 a) An employee who is prevented from reporting to work must notify his supervisor as soon as possible of his absence and in any event at least one (1) hour in advance of the beginning of his scheduled shift.

b) An employee must inform his supervisor of the reason for the absence, i.e. illness, injury, hospitalization, emergency, family leave, in addition to advising his supervisor of his expected date of return to work.

c) An employee must provide his supervisor with a telephone number where the employee can be contacted during the period of his absence.

d) In the event an employee is unable to return to work on his expected return date, the employee must notify his supervisor as soon as possible and in any event at least one (1) hour in advance of his expected date of return.

7.02 An employee may be required to produce a certificate from a medical practitioner for any absence in excess of three (3) consecutive working days certifying that he/she is unable to carry out his/her duties due to illness or accident. Such certificate shall indicate the expected return to work date.

7.03 An employee may also be required to produce a medical form from a medical practitioner or other reasonable documentation in the circumstance for reason other than medical leaves where the employee has a pattern of absences or where the Employer has serious doubt as to the validity of an absence, at a reasonable frequency during short term and/or long term disability leave or when an employee requests accommodation.

Such form shall be provided by the employer.

Where such form is requested, the Employer will pay the cost of the requested medical form to the maximum provided in the Ontario Medical Association's "Physicians Guide to Third Party and Uninsured Services.

Where such request is made by the Employer, it shall be made prior to the return to work of the employee.

If the employee is unable to provide such requested documentation, the employee's leave of absence shall be without pay unless the employee can provide the Employer with a reason as to why the employee was unable to provide such documentation. Any entitlement to leave and/or payment under this article shall be subject to the provisions of articles 26 and 27 (income security Full time and part­time employees) of the collective agreement.

7.04 Failure to comply with any of these provisions will result in the absence being treated as an unauthorized leave and subject to disciplinary action.

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ARTICLE 8 -LABOUR MANAGEMENT COMMITTEE 8.01 The Employer will recognize a Labour Management Committee consisting of not

more than two (2) members of the Bargaining Unit - who shall be stewards - , in addition to the Union Representative as required, for the purpose of improving communications between the parties to this Agreement and to discuss matters of mutual concern.

8.02 The Labour Management Committee shall meet only where the parties agree that there is a need to meet and at a time that is mutually convenient to the Employer and the Union. A request for a meeting will be made in writing prior to the proposed date and accompanied by an agenda of matters proposed to be discussed at least one (1) week in advance of the meeting. It is understood that the Committee shall not have the power to alter, amend, add to or modify the terms of the Collective Agreement nor to settle grievances and shall not supersede the activities of any other committee of the Employer or the Union.

8.03 Labour Management Committee members shall suffer no loss of earnings for time spent during their regularly schedules working hours in attending such meetings with the Employer. Should a committee member attend such meeting outside his scheduled shift, he shall be paid at his regular rate of pay for the time he attends the meeting.

ARTICLE 9 - DISCIPLINARY MEASURES 9.01 No employee covered by this Collective Agreement shall be reprimanded,

suspended or discharged except for just cause. The Employer shall apply the principal of progressive discipline. The level of discipline will be determined by the seriousness of the misconduct, and the employee's disciplinary record.

9.02 Any reprimand, warning or disciplinary measure shall be issued and implemented within fourteen (14) calendar days of the discovery of the alleged offense except that an extension of time may be requested in order to complete an investigation and the Union agrees not to unreasonably refuse such request. The employee shall be notified. in writing by the Employer, with full disclosure of the reasons for the disciplinary action, grounds for action, and/or penalty, with a copy to the Union Steward.

9.03 The Employer agrees that whenever a meeting is held with an employee where the subject matter is intended to become a part of such employee's record regarding his work or conduct, a steward will be present unless excused by the employee.

When an employee waives the right to Union representation at the employee's request, the employee will sign a form to that effect, such form which will be provided to the designated Union Representative.

9.04 An employee who is suspended or discharged will be given an opportunity to discuss the matter with his Steward before leaving the Employer's premises.

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9.05 Sunset Clause

Any letter, suspension or any other sanction will be removed from the record of employee twelve (12) months following the receipt of such letter, suspension or other sanction provided that there is no related incident during such period. The twelve (12) month period does not include periods of layoff, suspension, or leave of absence of any type. Any documented incidences of harassment or violence in the workplace shall remain part of an employee's record.

9.06 An employee shall have the right to have access to and to review his personnel file in the presence of the human resources officer or designate. All such access and review shall be arranged at a mutually convenient time by appointment. No more than one (1) request will be granted per employee in any twelve (12) month period.

ARTICLE 10 ·GRIEVANCE PROCEDURE

10.01 The grievance procedure is intended to enable the parties to resolve all grievances on a final and binding basis wit110ut stoppage of work. Any complaint, disagreement, or difference of opinion between the Employer and the Union, or between the Employer and an employee covered by this Collective Agreement which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Collective Agreement, may be the subject of a grievance, including any question as to whether a grievance is arbitrable.

10.02 Complaint Stage

It is the mutual desire of the parties, that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee shall have no grievance until he has first given his immediate Supervisor the opportunity of settling his complaint. The complaint shall be discussed with his immediate Supervisor within ten (10) calendar days of the date upon which the employee first became aware of the facts giving rise to the complaint. The Supervisor or designate will provide a response to the complaint within ten (1 0) calendar days of receipt of the complaint.

10.03 Step 1

Failing satisfactory settlement at the complaint stage, the Union may grieve the decision of the immediate Supervisor in writing outlining the nature of the dispute, the relevant provisions of the Collective Agreement that are allegedly breached and the remedy sought to the immediate Supervisor within ten (10) calendar days of receiving notification of the Supervisor's decision or if the Supervisor failed to provide a written decision at the expiration of the delay for such a reply. The immediate Supervisor shall render his decision.in writing within ten (1 0) calendar days of receipt of the grievance.

10.04 Step 2

Failing satisfactory settlement at Step 1, or if no decision has been rendered in the delay as provided, the grievance may then be taken up, by the Union Representative, to the General Manager or his designate within ten (10) calendar days of the reply rendered at Step 1 or the expiration of the delay for such a reply.

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Should the parties agree to have a meeting to discuss various grievance(s), the time limit for these grievances are suspended until the date of the meeting. The General Manager or his designate shall render a decision in writing within ten (10) calendar days of his receipt of the grievance. If the decision rendered at this stage is not satisfactory to the Union or, if no such decision is rendered, the matter may be referred to arbitration.

10.05 Failing satisfactory settlement at Step 2, the grievance may, in accordance with Article 11.01, be submitted to arbitration.

10.06 Group Grievance

The Employer will recognize a group grievance as one which affects more than one (1) employee with respect to whom the issues and facts are substantially the same. Such grievance may be presented within ten (1 0) calendar days after the date when the Union first became aware of the event giving rise to the grievance commencing at Step 1.

10.07 Policy Grievance

Any differences arising directly between the Union and the Employer, relating to the interpretation, application or alleged violation of the Collective Agreement may be presented by either party as a Policy Grievance within fifteen (15) calendar days after the date when the Union or Employer first became aware of the event giving rise to the grievance commencing at Step 2.

10.08 Discharge Grievance

a) A claim by an employee that he has been discharged without just cause will be treated as a grievance commencing at Step 2 of the Grievance Procedure, provided the grievance is submitted within ten (10) calendar days after the discharge occurs.

b) It is agreed that the Union will be notified immediately of the dismissal of any employee in the bargaining unit.

10.09 Employer May Initiate Grievances

Where the Employer alleges thai the Union is in violation of any provision of the Collective Agreement, the Employer may file a grievance. The grievance shall be forwarded to the Union Representative. The grievance may proceed at Step 2 and the Union Representative and General Manager shall meet to make their representations to each other. The Union shall reply to the grievance in writing within ten (1 0) calendar days of the meeting. Failing a satisfactory resolution, the Employer may refer the dispute to arbitration.

10.10 Time Limits

The time limits set out in both the grievance and arbitration procedure herein are mandatory and may only be extended by mutual written agreement between the

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Employer and the Union. Failure to grieve within the time limits agreed upon shall result in the complaint or grievance being deemed to be abandoned or settled.

10.11 No matter may be submitted to arbitration which has not been carried through all the requisite steps of the grievance procedure.

10.12 All agreements reached under the grievance procedure between the Employer and the Union shall be final and binding upon the Employer, the Union and the affected employee(s).

ARTICLE 11-ARBITRATION

11.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated either of the parties may notify the other party in writing of its desire to submit the difference or allegation to arbitration within fifteen (15) calendar days after the decision has been received at Step 2 or if the Employer or the Union failed to provide a written decision, within twenty (20) calendar days following the expiration of the delay for such a reply. Such notice shall include therein the names of possible Arbitrators.

If no written request for arbitration is received within the above delay or after exhausting the grievance procedure, the matter shall be deemed to be abandoned or settled.

11.02 Within ten (1 0) calendar days of receipt of such notice the other party shall respond by accepting one of the Arbitrators so mentioned or indicating the names of other possible Arbitrators. Failing agreement on an Arbitrator, the party that notified the other party of its desire to submit the difference or allegation to arbitration may request the Minister of Labour for the Province of Ontario to make an appointment of a sole Arbitrator, to hear such grievance and determine the grievance.

11.03 The individual appointed as sole Arbitrator shall hear and determine the difference or allegation, and shall issue a decision, which decision is final and binding upon the parties and upon any employee or Employer affected by it.

11.04 Jurisdiction of Sole Arbitrator

The jurisdiction of the sole Arbitrator is limited to the grievance itself and the interpretation of the Collective Agreement. The sole Arbitrator shall not have the right to add to, delete from or otherwise amend this Collective Agreement.

11.05 Expenses of Sole Arbitrator

Each of the parties to this Collective Agreement will share equally the fees and disbursements of the sole Arbitrator, as applicable.

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11.06 Restriction on Arbitrator

No person shall act as an Arbitrator who has been involved in attempts to settle the grievance, unless otherwise agreed in writing by the parties.

ARTICLE 12- HEALTH AND SAFETY 12.01 a) The Employer shall make all reasonable provisions for the occupational safety

and health of its employees during the hours of their employment. Protective devices on machinery and other devices deemed necessary to properly protect employees from injury shall be provided by the employer.

b) The parties agree that time spent in Committee and or Occupational Health and Safety related work will be considered a highly important part of the worker's job and all time spent in these activities, including the necessary preparation time, are consider as hours worked therefore such members shall receive wages, premiums, benefits and experience as if actively at work.

12.02 Safety Equipment

The Employer agrees to provide voucher(s) or upon presentation of receipt(s) an allowance up to one hundred and twenty-five ($125.00) dollars per calendar year for the purchase of safety boots. The Employer shall supply any other appropriate personal protective equipment at no cost to the employees.

12.03 Uniforms

All employees will be supplied with an adequate numbers of uniforms to fulfill their duties as decided by management.

12.04 A worker injured by work, or sick with a disease caused by work and who is required to leave for treatment shall receive payment for any time Joss that occurred on that day. The Employer pays for the worker's transportation to the doctor's office, hospital emergency or worker's house on the day of the injury.

12.05 Duty to Accommodate

The Employer and the Union recognize that from time to time individual workers may have special needs that require special modification of work and/or physical accommodation within the workplace. The Employer and the Union will thereby endeavour to find co-operative solutions to workplace and/or contractual barriers to workers with special needs short of undue hardship, to provide suitable modified or alternate employment to employees who are temporarily or permanently unable to return to their regular duties as a consequence of an occupational or non­occupational disability, or as a consequence of limitations as a result of illness or injury or who otherwise require accommodation as set out in the Ontario Human Right Act.

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The Employer shall advise the Union promptly when it receives notice from the Workplace Safety and Insurance Board; from a return to work specialist or a request for accommodation from a worker due to disability.

Such a request for accommodation shall be submitted by the employee on the form provided by the employer.

12.06 Right to Refuse Unsafe Work

a) In the event that an employee has reason to believe that the work he is asked to do is dangerous he can refuse work if:

• The equipment or machinery is likely to endanger himself or another employee;

• The physical condition of the workplace is likely to endanger the employee;

• The equipment, machinery or physical condition of the workplace are likely to endanger any employee and contravenes the Occupational Health & Safety Act or Regulations and such contravention is likely to endanger himself or another worker.

b) The employee must immediately report the unsafe condition to a supervisor or certified Health & Safety representative.

c) All persons involved in the work refusal and investigation of same will be deemed to be at work and the Employer shall pay him at the regular rate or premium whichever is applicable.

d) The Employer cannot take disciplinary action or dismissal if the refusal to work was made in good faith.

12.07 The Health and Safety Committee shall be notified in writing of all injuries. The Health and Safety Committee shall investigate as soon as possible, on the nature and cause of all accidents and or injuries.

ARTICLE 13- DISCRIMINATION, HARASSMENT AND BULLYING

13.01 All empioyees are entitled to a working environment where everyone is treated with respect and dignity.

13.02 Discrimination

Every person who is an employee has a right to freedom from harassment in the workplace by the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability1.

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13.03 Sexual harassment

Every person who is an employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by his or her employer or by another employee2 •

Note1•2This article does not commit the Employer to any greater obligations than those contained in the Ontario Human Rights Code.

13.04 Harassment

The parties agree ·that harassment will not be tolerated in the workplace. Harassment is define as any unwelcome action, whether verbal or physical, on a single or repeated basis, which humiliates, insults, or degrades. Such acts may be subtle or overt, but they are always offensive and demeaning. Unwelcome means any action which the harasser knows or ought reasonably to know is not desired by the victim and is likely to create an intimidating or hostile workplace environment.

This article does not commit the Em pi oyer to any greater obligations than those contained in the Bill 168.

13.05 Bullying

The parties agree that bullying will not be tolerated in the workplace. Bullying is defined as acts or verbal comments that is intended to intimidate, offend, degrade or humiliate a particular person or group of people.

ARTICLE 14- SENIORITY AND SERVICE 14.01 Seniority is the principle of granting preference in ranking order to employees for

promotions, job posting, temporary vacancy, demotions due to reduction of hours, transfers due to reduction of hours, reduction of hours, bumping rights, recalls, overtime distribution and vacations' selection.

14.02 An employee shall be considered to be on probation and not subject to the seniority provisions of this Agreement, nor shall his name be placed on the seniority list until after the completion of the probationary period determines at article 15.01. Upon completion of such probationary period, the employee's name shall be placed on the seniority list with seniority dating back to the employee's last date of hire.

14.03 The Employer shall maintain in seniority order a list showing the names of employees, their last date of hire, their full-time or part-time status and positions which they are consider qualify for overtime, displacement, bumping rights, temporary assignment and recall purposes.

14.04 The seniority date for each employee shall be considered to be correct if the Union or employees raises no objection within thirty (30) calendar days of the date of posting of the first list on which the employee's name appears.

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14.05 The seniority list will be updated every three (3) months and posted on the bulletin boards and a copy sent to the Union.

14.06 The seniority ranking of two (2) or more employees who share the same start date shall be determined by draw.

14.07 Should an employee in one (1) seniority group apply for and be awarded a position in the other seniority group in accordance with job posting, such employee shall be credited with the length of continuous service with the Employer in the bargaining unit since the last date of hire on the seniority list that such employee is moving to.

14.08 Seniority, Service and the Employment in the bargaining unit shall be considered terminated if an employee:

a) is discharged and is not reinstated through the grievance arbitration procedure or otherwise;

b) resigns voluntary;

c) is laid off for a period of more than twenty-four (24) months;

d) has been laid off and fails upon being notified of a recall to signify his intention to return within three (3) calendar days after he has received the notice of recall mailed by registered mail and fails to report to work within seven (7) calendar days after he has received the notice of recall, unless on reasonable grounds he is unable to do so;

e) is employed elsewhere during a leave of absence without prior receiving the written consent of the Employer;

f) has been transferred from the Bargaining Unit to a job with the Employer outside the Bargaining Unit for a period in excess of ninety (90) working days, unless mutually agreed by the Employer and the Union;

g) is absent from work due to illness, injury or disability for a period of more than (24) consecutive months;

h) is absent from work for more than three (3) working days without prior notification to the Employer, unless the failure to notify the Employer is for reasonable cause beyond the employee's control;

I) utilizes a leave of absence for purposes other than for which the leave was granted.

ARTCILE 15- PROBATIONARY PERIOD

15.01 An employee shall be considered on probation for five hundred (500) hours worked.

15.02 If at any time during the probationary period, an employee fails to meet the standards and expectations of the Employer, his employment may be terminated.

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15.03 The release or discharge of an employee during the probationary period shall be at the sole discretion of the Employer and shall not be subject to the grievance or arbitration procedures.

ARTICLE 16 - JOB POSTING

16.01 For the purpose of this article the term seniority shall be defined as the length of continuous service with the Employer in the bargaining unit since the last date of hire~

16.02 a) All vacant positions and new positions covered by this Collective Agreement which the Employer decided to fill shall be posted and shall remain on the notice board for a period of seven (7) calendar days. Such posting shall indicate the effective date, the number of people required, the classification, the shift and the department. An employee wishing to apply for the posted position shall do so in writing within the seven (7) calendar days.

b) If the Employer cannot place the successful applicant in the occupation within three (3) weeks of the awarding of the vacancy and this is due to the needs of production flow and/or needs and requirements of the plant, the employees will subsequently receive the higher of either:

• The contractual wage rate of the job granted; • The employee's current hourly rate.

16.03 Selection process

a) Within seven (7) calendar days following the end of the posting period, the employer and a steward shall interview per seniority per block of four (4) applicant if any, and per block of four ( 4) thereafter. Such process shall continue till an employee in such a block achieves or exceeds the threshold's score pre­established by the parties for such job.

b) In the event no employee achieved or exceeded the threshold, the threshold shall be reduced by a blocks of five (5) points. The successful candidate shall be the most senior employee that achieved or exceeded such new threshold.

c) The successful candidate's name will be posted during the seven (7) calendar days.

Note: Disagreements regarding the outcome of the interview may be dealt with as a grievance commencing at stage two (2).

16.04 Temporarv vacancy during selection process

The Employer reserves the right to temporarily fill the vacancy until the posting procedure has been completed and the position is filled. It is understood that during such assignment, such employee is not credited for experience at such position for lay-off, recall and job posting purposes. Such employees shall receive the higher of either:

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• The contractual wage rate of the job assigned; • The employee's current hourly rate.

The Em player will post the name of the person who has been temporarily assigned to fill such vacancy.

16.05 Temporary vacancies of less than six (6) weeks

The employee having the greater seniority within the same department will be given preference provided the employee has the aptitude, skill, competence and efficiency to perform the duties. Employees shall be paid the higher rate of either:

• The contractual wage rate of the job assigned; • The employee's current hourly rate.

16.06 Temporary replacement of incumbent and temporary vacancy for more than six (6) weeks.

Vacancies caused by the temporary absence of the incumbent employee, which the Employer decides to fill, and temporary vacancy which the Employer initially knows that it will be vacant for more than six (6) weeks will be posted as "temporary''. The incumbent employee will be entitled to resume his job upon his return, the temporary employee will revert back to his former position and status. Employees shall be paid the higher rate of either:

• The contractual wage rate of the job granted; • The employee's current hourly rate.

16.07 Trial Period

a) The successful applicant for a job vacancy shall be considered to be on a trial for a period of five-hundred (500) hours worked.

b) In the event the successful applicant proves to be unsatisfactory in his new position during the trial period, he shall be returned to his former classification and wage rate and any other employee promoted or transferred because of the original change in position shall also be returned to his former position and wage rate.

c) i) A successful applicant shall have the option of returning to its former position at any given point and time during the trial period, and any other employee promoted or transferred because of the original change in position shall also be returned to their former position and wage rate.

ii) Such employee may be required to remain as such position until his replacement has been trained for the same duration of his training. The employee shall no longer be considered qualified at such position in regard to recall rights, bumping right, reduction of hours, displacement, overtime rights or job vacancy.

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iii) Such employee will not be permitted to bid to any job vacancy for a period of six (6) months.

d) Should the successful candidate vacate the position during the trial period in accordance with article 16.07 b) or c), the Employer shall promote the next most senior applicant that achieved or exceeded the threshold score on the original posting.

Should the most senior qualified candidate(s) not accept the vacancy; the vacancy will be reposted as per posting requirements.

16.08 An employee assigned to perform work of a higher classified position for two (2) hours or more will be remunerated at the higher rate. An employee assigned to perform duties of a lesser classified position will retain his hourly rate of pay.

ARTICLE 17- HOURS OF WORK

The following provisions apply to all full-time and part-time employees are intended to define normal hours of work and shall not be construed as a guarantee of numbers of hours of work per day or numbers of days of work per week.

17.01 Hours of Work-Schedules

a) Day shift is defined as a shift that starts at or after 5:00 am;

b) Evening shift is defined as a shift that starts at or after 14:30 pm;

c) Night shift is defined as a shift that starts at or after 12:00 am;

d) Weekend shift is defined as hours worked from 11:00 pm on Friday to 11:00 pm on Sunday.

17.02 Work Schedules may include one ( 1) of the following:

a) Eight (8) hours x five (5) consecutive days per week- Monday to Friday, or

b) Ten (10) hours x four (4) consecutive days per week- Monday to Friday, or

c) Twelve (12) hours x three (3) consecutive days per week- Friday, Saturday and Sunday "week end shift".

17.03 The Employer agrees to meet with the Union, should it be necessary to increase hours of the work week or work day. Changes to the work week or work day must be mutually agreed upon.

17.04 Work schedules shall be posted one (1) week in advance Monday on or before noon and shall cover at least a two (2) week period. Should the Employer fail to post the schedule as herein above it will be deemed that the current schedule will prevail for the following week.

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17.05 All employees will be required to punch in at the beginning of their shift and to punch out at the end of their shift. All employees will also be required to punch in and out during the lunch and breaks period if they leave the Employer premises. Employees who regularly take extended breaks or lunches and who have been put on notice to modify such behavior without success may be required to punch in and out for lunches and breaks for a period of one (1) month following such notice and further block of three (3) months thereafter if such behaviour continues.

17.06 For ·payroll and over time purpose, the work week starts at 00:01 Sunday, and ends the following Saturday at midnight.

ARTICLE 18- REST AND LUNCH PERIODS

18.01 (a) Employees scheduled for eight (8) hour or ten (1 0} hour shifts shall be entitle to two {2} paid period of fifteen (15} minutes in which employees do not work, such period shall be schedule as near the midpoint of each half shift as is practicable. Employees are also entitle to one (1) unpaid meal period of thirty {30) minutes duration, to be taken no later than five (5) hours after the start of the shift.

b) Employees schedule on a twelve {12) hours shift shall be entitled to three (3) paid breaks of fifteen {15) minutes and one (1) unpaid meal period of thirty {30) minutes duration. The meal period shall be taken at the latest six hours and a half (6%) after the start of the shift.

18.02 Should an employee be requested to work for a period of two (2) hours or more-at the end of his regular 10 hours shift, he shall be entitle in addition to the regular rest period to one (1) paid period of fifteen (15) minutes in which employees do not work.

18.03 All employees have a minimum of two (2) consecutive days off per work week unless mutually agreed by the Employer and the employee.

ARTICLE 19- CALL-IN & REPORTING ALLOWANCE

19.01 The Employer shall provide at least twenty-four (24} hours' notice when cancelling a shift.

19.02 An employee who reports for a scheduled shift, for whom no work in his regular job is available, shall be offered at least four (4) hours employment in other work that the employee is capable of doing at the employee's current rate of pay or will be paid four (4) hours regular wages in lieu of work at the Employer's option. This does not apply if the employee refuses the Employer's offer of other work, or where the employee has been notified beforehand not to report for work.

19.03 Employees who are called back to work shall be paid at time and one half (1%) the employee's regular straight time hours rate of pay and a minimum offour (4) hours at time and one half (1%) the employee's regular straight time hours rate of pay. Where this four (4) hour period overlaps and extends into an employee's regular

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shift, the employee shall receive premium pay only for the hours actually worked prior to the commencement of the employee's regular shift.

ARTICLE 20 - OVERTIME

20.01 For the purpose of overtime distribution, the term seniority shall be defined as the length of continuous service with the Employer in the bargaining unit since the last date of hire.

20.02 An employee shall be entitled to be paid overtime at the rate of one and one-half (1%) times the employee's regular straight time rate of pay for all hours worked in excess of eight (8) hours on a five (5) day week, ten (1 0) hours on a four (4) day week or twelve (12) hours on a three (3) day week, for all hours worked on any of his regular day off and for all hours worked during a statutory holiday.

An employee may request equivalent time off at one and one-half (1 %) times in lieu of being paid overtime. The employee shall inform the Employer of this preference by the end of the shift on which overtime is worked. An employee who fails to indicate his preference for time of in lieu of overtime by the end of the overtime shift worked will be paid one and one-half (1 %) times his regular straight time rate of pay for all overtime hours worked.

20.03 a) Overtime shall be offered to the most senior employee within the department on a voluntary basis provided the senior employee(s) is qualified to perform the overtime. Where the Employer does not have a sufficient number of qualified volunteers in the department, such overtime shall be offered to the most senior employee(s) in the plant provided the senior employee(s) is qualified to perform the overtime.

b) Where the Employer does not have a sufficient number of qualified volunteers to meet its productibn needs and complete the work in progress, the Employer shall have the right to assign overtime in reverse order of seniority provided the most junior employee(s) is qualified to perform the overtime.

c) If the Employer doesn't find enough volunteer to work overtime on any given day, the Employer may assign an employee up to three (3) hours a day and in any event, not more than four (4) hours in a week.

Employees who have beforehand notified the Employer of medical or dental appointments shall be excused from the above.

d) If the Employer doesn't find enough volunteer to work overtime on any given day, the Employer may assign an employee to work during one (1) of his regular day off but in any event, on not more than two (2) occasions during a calendar year.

e) If the Employer doesn't find enough volunteer to work on a statutory holiday the Employer can assign an employee to work during such day provided that such day falls on a Monday.

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Notwithstanding the above, the Employer cannot assign an employee to work on mandatory overtime on Christmas day or New Year day.

f) If mandatory overtime is scheduled as per articles 20.03 d) and 20.03 e) during the Christmas period, the Employer will consult with the Union in determining which day is to be worked and will provide the longest possible notice, but never less than two (2) weeks prior to such day being worked. Failing to provide such minimum notice shall prevent the Employer to discipline an employee that refuse to attend such scheduled overtime.

20.04 Work that needs to be executed during a designated statutory holiday shall be considers as an overtime opportunity and scheduled in accordance with sub-clause 20.03 a).

20.05 Overtime premium will not be duplicated for the same hours nor pyramided with any other premium payable under this Agreement.

ARTICLE 21- REDUCTION OF HOURS, LAY- OFF AND RECALL

21.01 For the purpose of this article, full time employees and part time employees shall be considered as separate seniority groups for which full time employees can exercise the following rights in both seniority groups and where part time employees can only exercise the following rights within the part time seniority group.

21.02 The term "qualifications", as used in this article, shall mean that the employee possesses the basic pre-requisites and has previously performed the required work satisfactorily in the past, or the work to be performed is of such a nature that the employee can be expected to perform it.

21.03 In the event of a reduction of hours for less than one (1) day in a department, providing the remaining employee(s) in that department are qualified to perform the available work, the employer shall reduce the hours of employees in that department as per the following order:

i) Volunteer by seniority in the department; ii) Student(s); iii) Probationary employee(s); iv) Part time employee(s) by reverse order of seniority; v) Full time employee(s) by reverse order of seniority.

21.04 When there is no hours available for a full time employee in a department for one {1) day or more but less than the remaining of his schedule week, such employee can request to be transferred for such day{s) to the department of his choice, on the same scheduled shift provide he has the qualification to execute the work available in that department and that he has more seniority than one {1) employee working in such department.

A full time employee who exercises the above right shall be paid at his regular rate of pay for the remaining hours of the week.

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21.05 When there is no hours available for a full time employee in a department for more than the remaining of his schedule week, such employee can request to be transferred on the first day of the next schedule week to a job and shift of his choice provide he has more seniority than (1) employee on that job and on that shift and that he has the qualification to execute the work available.

A full time employee who exercises the above right shall receive the shift premium and rate of pay of such position.

21.06 When there is no hours available for a part time employee in a department for one (1) day but less than the remaining of his schedule week, such employee can request to be transferred for such day(s) to the department of his choice, on the same scheduled shift provide he has the qualification to execute the work available in that department and that he has more seniority than (1) part time employee working in such department.

A part time employee who exercises the above right shall be paid at his regular rate of pay for the remaining hours of the week.

21.07 When there is no hours available for a part time employee in a department for more than the remaining of his schedule week, such employee can request to be transferred on the first day of the next schedule week to a job and shift of his choice provide he has more seniority than (1) part time employee on that job and on that shift and that he has the qualification to execute the work available.

A part time employee who exercises the above right shall receive the shift premium and rate of pay of such job.

21.08 Employees on lay-off will be recalled in the reverse order in which they were laid off, meaning:

1. Full time employee(s) with the greatest seniority; 2. Part time employee(s) with the greatest seniority; 3. Probationary employees; 4. Students.

21.09 In the event an employee is transferred, bumped or is recalled into a position other than his own position and shift, if and when his own position and shift becomes available, an employee shall automatically be returned to his own position and shift provided such employee has sufficient seniority.

21.10 An employee who otherwise would be on layoff shall have the right to bump into a job with a higher classification so long as the employee displacing the junior employee has previously been classified in that position and successfully completed the trial period in that position within the preceding three (3) years.

21.11 The Employer will provide the Chief Steward with the names of the employees who couldn't exercise their bumping or transfer rights because of lack of seniority or

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qualification and therefore on lay-off, along with effective dates that they will be on lay-off and on the recall list, and will also provide the same information when employees are going to be recalled.

The Employer consult prior to and during implementation of the layoff and recall process.

21.12 A part time employee affected by a reduction of hours, on lay off or on recall that exercises his bumping rights, transfer or recall rights cannot increase his employment status from part time to full time and shall only exercise his seniority rights amongst the part time employees.

21.13 Notwithstanding any other articles of this collective agreement, employees recalled to a classification other than their job classification level and employment status and shift may refuse such recall. However, should an employee refuse such recall, he will not be offered further recall to jobs other than his job classification level and employment status and shift unless the employee advised the Employer in writing that he will accept the next available job opening.

21.14 No employee shall be hired into the bargaining unit until all employees who are on the recall list are given an opportunity to be recalled.

21.15 In the event of a lay-off of a Full-time employee, the Employer shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs.

The employee, if possible under the terms and conditions of the insurance benefits programs, and provided that it is allowed by the carrier, continues benefits during a temporary layoff. The employee must inform the Employer of his or her intent to pay the full premium cost of a benefit at the time of the lay-off, and arrange with the Employer an appropriate payment schedule.

ARTICLE 22- WAGE RATES

22.01 All employees shall be compensated in accordance with the wages as indicated in Appendix "A" attached hereto.

22.02 When the Employer establishes a new classification {which is covered by the terms of this Collective Agreement), or make substantive changes to the content of an existing job function, the Employer shall determine the rate of pay for such new classification and notify the Union Representative of the same. If the Union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) calendar days after receipt of notice from the Employer of such new occupational classification rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Employer. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided at article 11.01.

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22.03 The Arbitrator's decision shall be based on the relationship established by comparison with other employee classification with the Employer, having regard to the requirements of such classification.

ARTICLE 23- VACATIONS

23.01 Seniority shall be defined for all employees for selection of vacation purpose as the length of continuous service with the Employer in the bargaining unit since the last date of hire.

23.02 Vacation pay shall be paid on the payday for the period in which the vacation falls and shall not exceed the accrued vacation entitlement.

23.03 Employees shall be paid vacation at their rate of pay in which the vacation falls.

23.04 The reference year for vacation entitlement shall be defined as the period comprise between January 1st and December 31 51 of any given year.

23.05 The Employer shall post not later than May 1st of any given year, on the notice board a suitable form requesting the employees to fill out their requested vacation dates in accordance with their seniority rights.

23.06 Vacation selection between January 1st and June 1st, will be granted based on the order requests are received.

23.07 Vacation selection for the period comprises between June 1st and December 31st will be made between May 1st and May 22nd and will be granted by seniority within each department provided employees have submitted their vacation during such period.

Any employee who has not submitted their vacation request between May 1st and May 22nd will only be permitted to book vacation during the period comprised between June 1st and December 31st once the finalized vacation list has been posted and will only be permitted to book vacation at a time that will not interfere with another employee's vacation. Such requests will then be granted based on the order requests are received.

23.08 The finalized vacation list shall be posted on the notice board by the Employer prior to June 1st and shall not be changed unless mutually agreed upon between the Employer and the Employee. The finalized list shall remain posted throughout the vacation period.

23.09 The Employer reserves its right for operational business to limit the number of employee going on vacation at the same time in a department, on a shift but in any event, to not less than one (1) employee.

23.10 Between June 15 to August 15, vacation entitlement may be restricted to two (2) consecutive weeks only per employee and between December 15 to January 15, vacations entitlement may be restricted to one ( 1) week only per employee request.

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23.11 Where an employee's scheduled vacation is interrupted due to illness, the period of illness shall be considered sick leave conditional upon the employee providing the Employer with a satisfactory doctor's certificate. The sick leave under the above provisions will not be counted against the employee's vacation credits.

23.12 Employees shall not be required to use vacation accrual during any shut down, unless by mutual agreement.

23.13 Employee's request to use vacation pay when employee' schedule is reduced by two (2) hours or more shall be granted by the Employer when such reduction of hours is due to lack of work.

Employee's request to use vacation pay when employee' schedule is reduced by two (2) hours or more because of pre-authorized leave for medical or dental appointment shall also be granted by the Employer.

23.14 Vacation carries over

Employees other than employees on any leave of absence, who on January 2"d of any given year have to their credit more vacation hours entitlement then their current annual hours of vacation entitlement shall fill out a vacation request no later than January 31•1 to schedule the hours in excess of their annual entitlement prior to March 31 51 of the current year. Employees failing to complete their request for vacations as per the above may be designated vacation period by the Employer.

The Following shall apply for full time employees only.

23.15 For the purpose of vacation entitlement for full time employees, years of service shall be defined as the number of complete years of service with the Employer in the bargaining unit since the last date of hire and December 31•1 of any given year.

23.16 For the purpose of vacation entitlement for full time employees, anniversary date of service shall mean the yearly recurrence of the last date of hire in the bargaining unit.

23.17 Full time employees who have been full time employees for one (1) year or more as of December 31•1 of any given year shall be credited with vacation entitlement on the following pay period with the following:

• One (1) year but less than three (3) years of service as of December 31•1: "eighty (80) hours "two (2) weeks" of vacation";

• Three (3) years but less than ten (10) years of service as of December 31•1: one hundred and twenty (120) hours "three (3) weeks" of vacation;

• Ten (10) years but less than fifteen (15) years of service as of Dec.ember 31 51:

one hundred and sixty (160) hours "four (4) weeks" of vacation;

• Fifteen (15) years of service as of December 31•1: two hundred (200) hours "five (5) weeks" of vacation.

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23.18 Full time employee who's years of service will increase from to two (2) years to three (3) years of service, from nine (9) years to ten (10) years of service or from fourteen (14) years to fifteen (15) years of service on their anniversary date of service during a calendar year shall also be credited on January 1st of the current year with an additional forty (40) hours "one (1) week" of vacation to their vacation entitlement.

Part time employee promoted to a full time position shall not be eligible to the above during the first calendar year of their promotion.

A full time employee who received such additional credit of hours for vacation whose employment is terminated for any reason during the calendar year prior to his anniversary date of service shall pay back the employer forty ( 40) hours at the same hourly rate of pay then the last vacation pay was paid. Such reimbursement shall be deducted from the last pay cheque of such employee.

23.19 A full time employees who hasn't been a full time employee for one (1) year or more on December 31st of any given year shall accrue vacation as per the part time employees' provisions sub article 23.27.

23.20 Formula for calculation of vacation for employees in transition "change of status/ termination of employment."

• 3.08 hours of pay at the employee hourly rate of pay per pay period for an employee with less than three (3) years of service;

• 4.61 hours of pay at the employee hourly rate of pay per pay period for an employee with three (3) years of service or more;

• 6.15 hours of pay at the employee hourly rate of pay per pay period for an employee with ten (10) years of service or more;

• 7.70 hours of pay at the employee hourly rate of pay per pay period for an employee with fifteen (15) years of service or more.

23.21 A full time employee whose status change on a permanent basis from full time to part time status shall be credited at such time with all unused full time's vacation entitlement for the current year. Such employee shall also be credited with vacation accrual for each pay period comprise between January 1st of the current year and the change of status date as per article 23.20. Such employee shall accrue thereafter as per article 23.26.

23.22 A full time employee whose employment is terminated and who has been a full time employee for one (1) calendar year or more at date of termination shall receive all unused full time's vacation entitlement for the current year and for each pay period comprise between January 1st of the current year and the termination date, such employee shall receive the vacation pay as per article 23.20.

23.23 A full time employee whose employment is terminated and who has been a full time employee for less than one (1) calendar year at date of termination shall receive all unused part time vacation entitlement and for each pay period comprise between the

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change of status from part time to full time and the termination date, such employee shall receive the vacation pay as per article 23.20.

The following shall apply to part time employees only.

23.24 For the purpose of vacation entitlement for par time employees, continuous service shall be defined as all hours worked with the Employer in the bargaining unit since the last date of hire.

Any leave of absence with pay, parental leave, maternity leave, sick leave, statutory holiday pay, vacation pay, absence due to temporary disablement caused by accident arising out of and in the course of his employment, leave of absence with or without pay covered under the Ontario Human Right Code shall be considers as hours worked up to an maximum of 1980 hours per year.

23.25 For part-time employees, gross earnings shall be defined as any regular salary, overtime pay, statutory holiday pay, any leave of absence with pay, bonuses, sick pay, and pay in lieu of notice as required under the Employment Standards Act and shift premium.

23.26 Part-time employees shall accrue vacation entitlement on a by-weekly basis based on the following formula:

a) For part time employees with less than 4,992 hours of continuous service during a pay period: 4%, times their by-weekly gross earnings;

b) For part time employees with 4,992 hours or more but less than 12,480 hours of continuous service: 6%, times their by-weekly gross earnings;

c) For part time employees with 12,480 hours or more but less than 24,960 hours of continuous service: 8% , times their by-weekly gross earnings;

d) For part time employees with 24,960 hours of continuous service or more: 10%, times their by-weekly gross earnings.

23.27 A part time employee whose status change on a permanent basis from part time to full time status during a calendar year and until such employee has been a full time employee for one (1) calendar year on December 31 5 , such employee shall be credited with his part time vacation accrual at the change of status date and shall accrue vacation on a by-weekly basis for the next calendar year vacation entitlement as per article 23.20. Once such employee is a full time employee for a calendar year, such employee shall be credited vacation entitlement as per article 23.17.

23.28 A part time employee, whose employment is terminated for any reason, will be entitled to receive any unpaid vacation pay, which is accrued to his date of Termination.

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ARTICLE 24- HOLIDAYS 24.01 a) The following holidays shall be recognized as paid Statutory Holidays:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Family Day

Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

b) The parties agree that any statutory holiday declare by the Government of Canada or the Province of Ontario other than the above recognized Statutory Holidays, will not be recognize as a paid holiday.

c) (i)

(ii)

(iii)

Note:

Full time employees who have completed their trial period as per article 16.07 before December 31st 2014 shall be credited with two and one half (2.5) float days on the pay period following December 31st of any given year.

Part time employees promoted to full time positions on a permanent basis after January 16th, 2015 shall be credited with their unused part time float day at such time. Such employees shall be credited with one (1) float day on the pay period following their first (1st) anniversary year of seniority as full time employees and two and one half (2.5) float days the pay period following their second (2"d) anniversary year of seniority as full time employees. Such employees shall be credited with two and one half (2.5) float days on the pay period following December 31st of any given year thereafter.

Part time employees who have completed their probationary period as per article 15.01 before June 30th of any given year shall be credited with one (1) float day on the pay period following the probationary period.

The above float day(s) shall to be taken at a mutually agreeable time between January 1st and December 31st. Employees who fails to use the float day(s) prior to December 31st shall forfeit such unused float day(s).

24.02 In order to qualify for each paid statutory holiday, the employee must have worked his full scheduled shifts immediately preceding and following the holiday, unless his absence is due to legitimate illness and that he provided the Employer with a satisfactory doctor's certificate and such illness commenced during his· current or previous pay period.

24.03 An employee scheduled to work on a holiday who does not report for work shall forfeit his holiday unless upon return to work he provided the Employer with a satisfactory doctor's certificate or any reasonable documentation requested by the Employer in the circumstances.

24.04 Where an employee's scheduled day off is on a paid statutory holiday, one of his work weeks shall be reduced by one (1) day. Such reduction shall be the last scheduled day immediately preceding the statutory holiday or the next scheduled day following immediately such statutory holiday.

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24.05 Where a paid statutory holiday is observed during an employee's vacation, such employee shall be paid such day as a statutory holiday instead of being paid as vacation day for that day.

24.06 An employee who volunteers to work and work on any of the paid statutory holidays, shall be paid as per article 20.02. In addition, if he qualifies under the provision of Article 24.02 he will receive a lieu day off with pay, such day to be granted within thirty (30) days of the date on which the holiday was observed, to be taken on a day to be arranged between the employee and the Employer.

24.07 Holiday pay for full-time employees will be eight (8) hours at their regular straight time rate of pay for employees on the eight (8) hours schedule, ten (1 0) hours for employee on the ten (10) hours schedule and twelve (12) hours for the employees on the week end shift schedule.

24.08 Holiday pay for part-time employee who qualifies under the provision of article 24.02 shall receive statutory holiday pay based on his average number of daily hours worked (exclusive of daily overtime) during the last twenty-eight (28) days, immediately preceding the week during which the statutory holiday occurs, times his standard rate of pay.

24.og Where a shift spans two (2) calendar days which includes a statutory holiday, the entire shift is considered to have been worked on the calendar day on which the majority of the hours have been worked.

24.10 If the Employer and the Union mutually agree to move a holiday to another day then such holiday shall become the holiday as referenced in this Article.

ARTICLE 25 - PRODUCTIVITY INCENTIVE PLAN

25.01 The parties agree that during the term of this agreement the employees covered by this agreement shall share in the benefits that may be realized through improvements to overall productivity, over and above budgeted amount. In so doing, management does not give up any rights to manage the enterprise, and in no way shall be held accountable for the attainment of such incentives.

25.02 Given the changing nature of the enterprise, management will establish the terms and conditions of the incentive plan on an annual basis. The formula will be published at the beginning of the fiscal year and communicated to all employees. While the input of the Union Negotiating Committee shall be considered as part of the decision process to establish the terms of the Incentive Plan, nonetheless the decisions of management shall be final.

25.03 Incentive amounts shall be paid to all employees on record as of March 31st of the current Fiscal Year. No bonus shall be paid to employees that have been promoted to a non-union position during the year.

25.04 Bonus amounts for the Fiscal Year shall be paid within four (4) months of the close of the Fiscal Year. All employees shall be paid on a basis of hours worked.

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ARTICLE 26- INCOME SECURITY- FULL-TIME EMPLOYEES 26.01 a) Full time employees on December 1st of any given year will be credited with sick

leave bank of eighty (80) hours.

b) Part time employee promoted to full time position after December 1st of any given year shall be credited with his unused part time sick leave bank. In addition, such employee shall accrue thereafter eight (8) hours of sick leave per month up to a maximum of forty (40) hours for the rest of the current calendar year.

26.02 In the event of illness or disability (not covered by Workers Compensation) Full-time employees will be paid from the bank at 100% of their daily rate for the illness. The bank will be reduced by the equivalent time paid for illness.

To be entitled to this remuneration, the employee must inform the Employer of his illness at least one (1) hour prior to the beginning of his regular shift.

26.03 If a Full-time employee has utilized all or part of the sick leave between December 1st of the previous year and November 30th of the current year, the bank will be credited to a maximum of eighty (80) hours commencing December 1st of every year, eighty (80) hours maximum.

26.04 Where a Full-time employee is hospitalized and has utilized all of sick leave bank, he may receive up to a maximum forty (40) hours of sick leave, provided that he supplies the Employer with proof of hospitalisation for the additional sick leave. This additional sick leave will be paid at 100% of his daily rate for full sick days.

26.05 Full-time employee shall be entitled annually to an attendance bonus during the month of December equal to forty (40) hours less the number of hours utilized due to illness during the period comprise between December 1st of the previous year and November 30th of the current year. At the discretion of the employee, the bonus may be paid in cash or equivalent time off with pay, at such time mutually agreeable between the Employer and the employee.

26.06 A full time employee who status changes on a permanent basis from full time to part time status after December 1st shall be credited at that time with his unused full time sick leave bank up to forty ( 40) hours.

ARTICLE 27 -INCOME SECURITY- PART-TIME EMPLOYEES 27.01 a Upon completion of the probationary period, part time employees will be credited

with a sick leave bank of twenty (20) hours and thereafter accrue four (4) hours of . sick leave per month up to a maximum of forty (40) hours for the remaining of the current year.

b) Regardless whether part-time employees have utilized all or part of the sick leave through the calendar year, part time employees who have completed their probationary period prior to December 1st of any given year will be credited sick leave to a maximum of forty (40) hours on such date.

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27.02 In the event of illness or disability (not covered by Workers Compensation), part-time employee will be paid the difference between the number of hours he was scheduled to work on that day and the number of hours he effectively worked on that day. The bank will reduced by the equivalent time paid for the illness.

To be entitled to the above remuneration, the employee must inform the Employer of his illness at least one hour prior to the beginning of his regular shift.

27.03 A Part-time employee who works 100% of their scheduled shifts will earn an attendance bonus equal to 2 % of his gross earnings between December 1st of the previous year and November 30th of the current year. A Part-time employee who works less than 100% of the employee's regular shifts will have this bonus reduced by 0.4% for each scheduled shift missed. The attendance bonus will be payable during the month of December. At the discretion of the employee, the bonus may be paid in cash or equivalent time off with pay, at such time mutually agreeable between the Employer and the employee.

ARTICLE 28 - EARNED BENEFITS

28.01 The Employer shall maintain for the duration of the collective agreement the benefits that prevailed in the Benefit Schedule provided by the Employer to the Union on or around May 1st, 2014 unless mutually agreed by the parties.

In the event of an increase in excess of 1 0% of the bill premium in any given year, the employees will have the opportunity to vote on the following options:

Option 1:

Option 2:

Review the benefits in order to eliminate or reduce the cost of the increase;

Maintain the current level of benefits at the new cost of the bill premium.

NOTE: It is understood that the result of such vote will determine thereafter the level of benefits and or the share bill premium.

28.02 Group life

a) The Employer agrees to continue to contribute 75% of the billed premium under the Group Life Insurance Plan for the full time employees on payroll on January 161h, 2015 subject to the terms and conditions of such plan provided the balance of the monthly premium is paid by such employee through payroll deduction.

b) Effective January 161h, 2015, an employee whose statues change from part time to full time statues on a permanent basis after such date shall be enrolled into Group Life benefits twelve (12) months following such promotion. The Employer agrees to contribute 75% of the billed premium for such benefit

35

provided the balance of the monthly premium is paid by such employee trough deduction.

28.03 Extended Health Care including Dental benefits

a) The Employer agrees to continue to contribute 75% of the billed premium under the Standard Extended Health Care Benefits Plan for the full time employees on payroll on January 16th, 2015 subject to the terms an subject to the terms and conditions of such plan provided the balance of the monthly premium is paid by such employee through payroll deduction.

b) Effective January 16th, 2015, an employee whose statues will change from part time to full time statues on a permanent basis after such date shall upon completion of the trial period be enrolled into the single dental benefits coverage and twelve (12) months following such promotion shall be enrolled into the Standard Extended Health Care Benefits Plan. The Employer agrees to contribute 75% of the billed premium for such benefits provided the balance of the monthly premium is paid by such employee trough deduction.

c) Effective January 1st, 2016, all part time employees with two (2) years of service or more shall be enrolled into the single dental benefits coverage the first week of the next pay period following their second anniversary date of service. The Employer agrees to contribute 75% of the billed premium for such benefit provided the balance of the monthly premium is paid by such employee trough deduction.

28.04 Vision Care

The Employer agrees to provide single vision benefits to full-time employees. It is agreed that the employees enrolled will pay 100% of the premium. Deductions will be made on a bi weekly basis.

28.05 Long-Term Disability

The Employer agrees to provide L.T.D. to all unionized employees in order to avail the employees to this benefit. It is agreed that the premiums will be shared 50/50. Deductions will be made on a biweekly basis for all members enrolled.

28.06 The Employer shall continue to provide the above benefits and continue to pay its share of the premium for any of the benefits plans that were offered before an employee's leave of absence when such leave is for more than one (1) months' duration for the following leaves: parental leave, pregnancy leave, emergency leave, medical leave and during a leave of absence due to a work related injury, provided the employee make prior arrangement for the prepayment of the full premiums for the applicable plans at least one (1) pay period in advance. The time limits as provided for in this Article may be waived in extenuating circumstances.

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ARTICLE 29- PENSION BENEFITS- FULL-TIME and PART-TIME EMPLOYEES

29.01 All employees after having passed a probationary period are eligible to join the GROUP REGISTERED SAVINGS PLAN of the Employer.

29.02 The Employer will automatically contribute one and one-half (1.5) times the dollar amount contributed by a Full-time employee, towards the employee's registered plan. A limit of the employee's contribution is set at two and one-half percent (2.5%) of the employee's annual earnings.

29.03 The Employer will contribute fifty (50¢) cents for every dollar amount contributed by a Part-time employee, towards the employee's registered plan. A limit of contribution is set to two and one half percent (2.5%) of the employee's annual earnings.

29.04 The Employer shall continue to contribute into the above employee's registered plans during the following leaves of absence: parental leave, pregnancy leave, emergency leave, medical leave and during a leave of absence due to a work related injury, unless the employee put the Employer on notice in writing that he or she will not continue to pay his or her share of the premium if any. The maximum Employer's contribution for every week of absence shall be based on the weekly average earning of the employee twelve (12) months prior to the leave.

ARTICLE 30 - GENERAL

30.01 Bulletin Boards

The Employer will provide bulletin boards for the sole purpose of posting Union notices to its members. The bulletin boards shall be located to insure it is visible to all bargaining unit employees.

30.02 Lockers

The Employer will provide lockers for employees. Employees must comply with the Employer's request to empty their lockers immediately upon being so directed. Should the Employer wish to search an employee's locker, it will be done in the presence of the employee ora union steward.

30.03 Parking

The Employer agrees that there will be no charge to employees for parking during regular working hours. The Employer reserves all rights and privileges to manage the parking facility.

30.04 Change of Address and Phone Number

It shall be the responsibility of the employee to notify the Employer promptly in writing of any change in his address and telephone number. If an employee fails to do so, the Employer will not be responsible for ensuring the delivery of any notices to the employee.

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ARTICLE 31 -STRIKE AND LOCK-OUT 31.01 In view of the orderly procedure established by this Agreement for the settlement of

disputes and the handling of grievance, the Union agrees that, during the lifetime of this Agreement, there will be no strikes, picketing, slowdown or stoppage of work, either complete or partial, and the Employer agrees that there will be no lockout. The word "strike" and the word "lockout" are as defined in the Ontario Labour Relations Act, 1995 as amended from time to time.

ARTICLE 32- DURATION AND RENEWAL 32.01 This Collective Agreement shall remain in force and effects from January 161h, 2015

until January 61h, 2018 and until all provisions of the Ontario Labour Relations Act have been expended.

32.02 All provisions of the agreement will be effective January 16th, 2015 unless otherwise specified.

32.03 Notwithstanding the foregoing, this agreement may be modified mutual agreement of the parties.

32.04 If either party gives notice of amendment or termination the parties agrees to meet within thirty (30) calendar days after the giving of such notice if requested to do so.

Signed at Ottawa this -------"'-~----- of Fet f!.vf.J-RV I

For the Employer For the Union

2015

7~ Ji--~Jif·

~.~i~ tJw-0·~

38

APPENDIX "A"

Wage Scale #1

o Part time and full time employees hired prior to July 1st, 2007 and employees who have been promoted to a Driver, Team Leader or to a Team Specialist position prior to January 16th, 2015 shall be paid as per the following.

Position Fffective 16/01/15 EffRctiw• 10/01/1 R FffRr.tiVR OR/01/17 Driver $19.00 $19.25 $19.55 Team Leader $18.86 $19.11 $19.41 Team Soecialist $17.67 $17.92 $18.22 Team Member $17.02 $17.27 $17.57

Note: Employees on wage scale #1 on January 16th, 2015 shall each receive a lump sum payment of eight hundred ($800.00) dollars on January 28th, 2015.

The above payment shall be made with minimum tax deduction.

Wage Scale #2

o Part time employees hired after July 1st. 2007 who are or have been promoted to a full time Team Member position; and

o Employees hired after July 1st, 2007 "other than employees paid as per the wage scale #1" who are promoted to a higher job classification or appointed on a temporary or permanent basis to a Driver, Team Leader or Team Specialist position after January 16th, 2015 shall be paid as per the following.

Position Effective 1 6/01/15 Effective 10/01/16 Effective 08/01/17 Driver $19.00 $19.25 $19.55 Team Leader $16:25 $16.50 $16.80 Team Specialist $15.50 $15.75 $16.05 Team Member $15.00 $15.25 $15.55

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Wage Scale #3

• Part time employees hired after July 1•t, 2007 appointed to part time Team Member positions shall be paid as per the following.

Lenqth of service Less than 12 months; $12.00 12 months but less than 24 months $12.50 24 months and more. $13.00

Employees on wage scale #3 that were at or above thirteen ($13.00) dollars per hours on May 15 t, 2014 shall receive a lump sum payment of three hundred ($300.00) dollars signing bonus on January 28th, 2015. Such payment shall be made with minimum tax deduction.

Employees on wage scale #3 that were not at or above thirteen ($13.00) dollars per hours on May 1•t, 2014 shall receive a lump sum payment of one hundred and fifty ($150.00) dollars signing bonus on January 28th, 2015. Such payment shall be made with minimum tax deduction. ·

Employees on wage scale #3 at or above thirteen ($13.00) dollars per hours on January 161h, 2015 shall receive an hourly increase of twenty five (25¢) cents on such date.

Employees on wage scale #3 at or above thirteen ($13.00) dollars per hours or January 1 01h 2016 shall receive an hourly increase of twenty five (25¢) cents on such date.

Employees on wage scale #3 at or above thirteen ($13.00) dollars per hours on January 81h 2017 shall receive an hourly increase of thirty (30¢) cents on such date.

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APPENDIX "B"

In addition to the rates of pay set out in Appendix "A", employees shall receive the following premiums:

Evening premium:

Employees shall receive twenty-five (25¢) cents per hour worked between 18:00 and 23:59

Night shift Premium

Employees shall receive twenty-five (25¢) cents per hour worked between 00:00 and 5:30 a.m.

Rotation shift premium

Employees that are required to rotate between a day shift and any other shift shall be paid a shift premium of seventy-five (75¢) cents per hour for all hours worked on the afternoon or midnight shifts.

Sunday premium:

Employees shall receive twenty-five (25¢) cents per hour worked work on Sunday.

Distribution Department temperature premium:

Employees who regularly work more than two (2) hours in the freezer in the Distribution Department shall receive twenty-five (25¢) cents per hour worked.

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LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: SIGNING OF LETTERS OF AGREEMENT

The Parties agree by signing this Letter of Agreement that they are signing and agreeing to all the Letters of Agreement being part of the Collective Agreement between Healthcare Food Services and United Food and Commercial Workers Canada, Local 175."

~~

Signed at Ottawa this __ ...::J. ______ of FE/?i?VI){lv

For the Employer

42

For the Union

~~ '-\Tfro~J~

"'

2015

LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: LEUKEMIA PAYROLL DEDUCTION

The Employer agrees to provide prior to April 151h, 2015, a payroll deduction for the U.F.C.W. Leukemia Research Fund for all employees who wish to participate and to indicate such deduction on the employee's pay stub and T4 slip.

The deductions are to be remitted in the same manner as the Union dues.

43

LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: ORIENTATION MEETING

The parties agreed that during the orientation meeting of new employee(s), without limiting the content of such meeting, the Employer shall provide the following information:

• Inform the employee(s) of the amount of Union dues that will be deducted from the employee's by-weekly cheque;

• Inform the employee(s) of the total amount of initiation fees that will be deducted;

• Inform the employee(s) the above deduction are tax deductible;

• Inform the employee(s) if he doesn't complete probationary period, he can request the Union to reimburse the initiation fees and that upon request, a steward will provide the proper form; once completed by the employee, such request will be forward to the Union to be process;

• Provide with the stewards' picture(s), their respective department, shift and name;

• Inform the employee(s) that a copy of the collective agreement is available for consultation in the common area near Union board; that upon request a steward will provide a booklet related to Union information, a copy of the collective agreement in a PDF format and upon completion of the probationary period in a pocket format;

• Provide a form for payroll deduction for Leukemia and Lymphoma Research Fund of Canada.

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LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: OVERTIME DISTRIBUTION

Whereas the parties wish to change the practice that was in place prior to January 161h,

2015 in regard of overtime distribution;

Whereas the parties wish to change such practice on a trial period basis before it becomes permanent;

Whereas such trial shall become permanent after six (6) month if no parties put the other party on notice of its intention to terminate this letter of understanding;

And whereas the parties agree to abide thereafter to the strict language of this collective agreement the third Monday following the reception of a written notice to this effect.

THE PARTIES AGREE TO THE FOLLOWING:

Effective three (3) months following January 161h, 2015, the parties agree to amend article 20.03 a) as by the following:

1. Overtime shall be offered to the most senior employee within the department on a voluntary basis provided the senior employee(s) is qualified to perform the overtime and has signed the overtime distribution sheet. Where the Employer does not have a sufficient number of qualified volunteers in the department who has singed the overtime distribution sheet, such overtime shall be offered to the most senior employee(s) in the plant who has signed the overtime availability sheet provided the senior employee(s) is qualified to perform the overtime. If the employer still doesn't have any enough volunteer to fulfil its needs, the employer may offer such overtime regardless of seniority plant wide.

2. The Employer will leave with sufficient room on the seniority list for employees to indicate if they are available to work overtime immediately preceding any of their regular shifts or immediately following any of. their regular shifts; as well as during their regular day off.

3. Employee(s) who are on sick leave, leave of absence or on vacation are excluded from this procedure until they return on their regular schedule and have worked at least one ( 1) shift.

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4. Employees have to indicate themselves on the column associated to the day and shift they are interested in and available to work to be considered in the overtime procedure.

5. Employee(s) who make himself/herself available and who is scheduled to work overtime and who fail to come to work or failed to stay without any valid reason on the day the work needed to be done, will be banned from writing his name on the list for seven (7) consecutive days. The first day being the day after the employee refused. It is understood that his restriction of availability would only apply if the employee was still at work when scheduled by the Employer.

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LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: REDUCTION OF HOURS

Whereas the parties wish to change the practice that was in place prior to January 161h,

2015 in regard of reduction of hours;

Whereas the parties wish to change such practice on a trial period basis before it becomes permanent;

Whereas such trial shall become permanent after six (6) month if no parties put the other party on notice of its intention to terminate this letter of understanding;

And whereas the parties agree to abide thereafter to the strict language of this collective agreement the third Monday following the reception of a written notice to this effect.

THE PARTIES AGREE TO THE FOLLOWING:

Effective three (3) months following January 16th 2015, the parties agree to amend article 21.02 as by the following:

1. 21.02 In the event of a reduction of hours in a department, providing the remaining employee(s) in that department are qualified to perform the available work, the employer shall reduce the hours of employees in that department as per the following order:

i) By seniority1; ii) Student(s); iii) Probationary employee(s); iv) Part time employee(s) by reverse order of seniority; v) Full time employee(s) by reverse order of seniority.

Note1: Senior employee(s) within the department affected by a reduction of hours who volunteered on the appropriate form shall be the first employee(s) to be affected by such reduction of hours.

2. The Employer will leave with sufficient room on the seniority list for employees to indicate if they are volunteer to be affected by a reduction of hours on their regular shifts or immediately following any of their regular shifts;

3. Employees have to indicate themselves on the column associated to the day and shift on which they are volunteer;

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LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: VACATION CARRIES OVER

THE PARTIES AGREE TO THE FOLLOWING:

The employer will not put in practice article 23.14 Vacation carries over (Listed Below) for the first year of the agreement.

23.14 Vacation carries over

Employees other than employees on any leave of absence, who on January 2nd of any given year have to their credit more vacation hours entitlement then their current annual hours of vacation entitlement shall fill out a vacation request no later than January 31 51 to schedule the hours in excess of their annual entitlement prior to March 31"1 of the current year. Employees failing to complete their request for vacations as per the above may be designated vacation period by the Employer.

Employees with less than five (500) hundred hours accumulated in excess of their annual entitlement for vacation will have the whole first year to schedule and take the excess hours, employees failing to do so on January 2nd, 2016 will have to comply with article 23.14 Vacation carries over.

Employees with more than five (500) hundred hours accumulated in excess of their annual entitlement for vacation will have to schedule and take the first 500 hour prior to January 2nd, 2016 and the remaining of the hours before January 2nd, 2017, employees failing to do so on January 2nd, 2017 will have to comply with article 23.14 Vacation carries over.

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LETTER OF AGREEMENT Between

HEAL THCARE FOOD SERVICES And

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

RE: CREATION OF FULL TIME POSITIONS

The Employer agrees to post five (5) full time new positions prior to April 1 01h, 2015; two (2) new full time positions between January 1"1, 2016 and February 1"1, 2016 and two (2) new full time positions between January 1"1, 2017 and February 1st, 2017.

Any vacancy other than part time Team Member created by an incumbent shall also be posted.

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