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COLLECTIVE AGREEMENT

BETWEEN:

AND:

OfFICE OF

·MAY 2 0 Z003 COLLECTIVE BARGAINING

.INFORMATION

D&E WOOD ~NDUSTRIES LTD.

herein after referred to as·. "the company"

CAW CANADA

herein after referred to as "the onion"

UNION

OTHER

·-.

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TABLE OF CONTENTS

ART:ICLE

GENERAL PURPOSE -----------------------------------.------ .... · ... - •- l ARTJ:CLE 1- SCOPE Gc RECOGN:IT:ION ------------------ ..... ------ -·~ --- 1

ARTICLE 2- MANAGEMENT RIGHTS ------------------------~------~-- l ART:ICLE 3- NO STRIKES OR LOCK-OUTS --------------------------- 2 ARTICLE 4- UNION SECURITY --------------------------------~--- 3 ARTICLE 5- UNION REPRESENTATI:ON --------------~w··------------ 4 ARTICLE 6- GRIEVANCE PROCEDURE ------------------------------~ 4 ARTI:CLE 7- ARBITRAT:ION ------------ ~ .. ----------------.--------- 5

ARTJ:CLE 8- PROBATION --------------------------~-------------- 6 ARTJ:CLE 9- SENIOR:ITY -------------.:;, __ _; ____________________ . ____ 6

ARTJ:CLE 10-JOB POSITI:ON & TRANSVERS ---------·w·~··-·--------· 7 ARTICLE 11-LAY-OFF & RECALL ---------------------------------- 8 ARTICLE 12-LOSS OF S~ORITY -----------w--------------------- 8 ARTICLE 13-HOURS OF WORK & OVBRT:IME -------------------------- 9 ARTICLE 14-LUNCB & REST PERIODS ---.--------------------------- 10 ARTICLE 15-CALL IN PAY ----- ....... ----------- .. - -·-- --------------- 11

ARTICLE 16-REPORTING PAY ------------------------------------- 11 ARTICLE 17-STAT HOLIDAYS ------------------------------------- 11 ARTICLE 18-VACATION ------------------·----------------------- 12 ARTICLE 19-LEAVE OF ABSENCE ----------·----------------------- 12 ARTICLE 20-BEREAVEMENT LEAVE ----------------------~---------~ 12 ARTZCLE 21-JURY DUTY Gc SUBPOENA WI:TNESS -------------------~-~ 13 ARTICLE 22-BULLETIN BOARD ------------------------------------ 13 ARTICLE 23-GROUP INSURANCE PLAN ------------------------------ 14 ARTI:CLE 24-CLASSIFI:CAT:ION & RATES ---·-- ----------------------- 14 ARTICLE 25 -GENERAL ---- ·- •--- •--- .. .:...:·:.:-..; .;:..;;_ ..::. -::. ~.:. .;:·.::.·:.::·~ -·--------- 14 ~

ARTICLE 26-ANT_I-HAJ<.ASSMENT PROGRAM ------------ .............................. 16

ARTJ:CLE 27-SUBSTANCE ABUSE PROGRAM --------------------------- 16 ARTICLE 28-TERMS OF AGREEMENT ----------·---------------------- 16 APPENDIX A-ANT:I-HARASSMENT PROGRAM _;:. ________________ ~-------- 17

APPENDIX a-SUBSTANCE ABUSE PROGRAM --------------.--~----------- 21 SCHEOULE-A-WAGE···sCHEDULE -.!-:.:· .. __ .. _ -=;-:::-~:::: ..:· .... - -- :-~------- .·::: :·:· .. ~-~ .. ~-:--·22-·-····-·· -·- .. LETTER OF UNDERSTANDING-SI:GNI:NG BONUS ....... ;: .. ·-:..··;;.~·._-;.;:.· ............... ---- 23 LETTER OF UNDERSTAND:ING-EXCLUDED PERSONNEL - -·------- .. --------- l4

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GENERAL PURPOSE

The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Company and the Union and the employees covered by this Agreement; to provide machinery for the prompt disposition of grievances ~nd the negotiated working conditions set out herein. The Un~on recognizes that the business in which the Company is engaged is highly competitive and that the Company must be able to maintain an efficient operation and improve itself in a strong, competitive market and the Union agrees to support the company in obtaining these objectives.

ARTICLE 1 SCOPE AND RECOGNITION

l. 01 The Company recognizes the Union as the sole and exclusive bargaining agent for all employees of D & E Wood Industries Ltd. at 6399 and 6395 Netherhart Road in the City of Mississauga, save and except Supervisors, persons above the rank of Supervisor, office and sales staff.

ARTICLE 2 MANAGEMENT RIGHTS

2.01

~ . ..

•,

···.:

The Union recognizes the exclusive rights and functions of the Company to manage its business and operations in totality. Without restricting the generality of the foregoing, these include the rights to:

(a) maintain order, discipline, and efficiency; make change, and enforce rules and regulations, policies, and practices to be observed by its employees; discipline, ... suspend, or discharge employees for just cause.

(b) select, hire, transfer, assign to shifts, promote, demote, classify, retire, lay off, recall employees, and select employees for positions excluded from the bargaining unit.

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(c) Determine the location .of operations an:d thl!:dr expansion or curtailment; the direction of working forces; the subcontracting of work; the sch~dules of operations and maintenance; the number of sh1ft·S: the metho~s, processes, and means of production, job content, quality, and quantity standards;. use of impr?v~d methods, materials, machinery, and equ~pment; dec1sJ..on on the number of employees; the number of hours to be worked, starting and quitting times.

(d) The sole and exclusive jurisdiction over all operations, building, machinery, equipment, and emPloyees shall be vested in the.company.

(e) The Company agrees that it will not exercise its functions in a manner inconsistent with the provisions of this agreement and the express provisions of this agreemen~ constitute the only limitations upon the Company's rights. In return, the Union recogniz.es that t·he Company has retained all rights, privileges and entitlements which it had prior to the signing of this agreement except, and only to the extent, as clearly and specifically limited by the provisions of this agreement.

ARTICLE 3 NO STRiKES OR LOCKOUTS

3.01

3.02

3.03

.•

In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, the Onion, its officers, representatives, and members shall not in any way, directly or indirectly, cause, direct, assist, encourage, or participate in any strike, slow-down, stoppage, or interference with work or production, either complete or partial, and the Company shall not lock out employees; so long as the Agreement continues to operate.

NO DISCRIMINATION

The Employer and the Onion agree to abide by the terms of the Ontario Human Rights Code as it applies to the treatment of e.mployees covered by this Agre~ment.

The '!:J.~~~_:t_:, ·~t:.?e_· E.mp+_py~~ ... _o..nd_:t:he ernploye€;S--agree· ~hat·-· .... --.--· .... ··-cnere shal1: be· no threats, coercion or intimidation :

against any employee in exercising his rights pursuant to the Ontario Labour Relations Act.

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ARTICLE 4 -3-

UNION SECURITY

4.01

4 .·02

4.03

4.04

4.05

4.06

. ..I-

A seniority employee covered by this .Agreement'·· ~lib on the date of signing of the Agreement·1s not ~.member of the Union, shall become a member of the Un1on. Upon completion of their proba~ionary period, employees covered by this Agreement shall be required, as a condition of employment, to become members of th~ Union. The employee shall execute and deliver to the Company, an authorization for payroll deductions of regular monthly dues, assessments, and where necessary, Union initiation fee.

The parties hereto agree that no employee shall in any manner be discriminated against or coerced, restrained or influenced on account of membership or non-membership in any labour organisation or by reason of any activity or lack of activity, in any labour organisation. ·

The Union will not, nor will any employee engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of th~ Company.

During the term of the Agreement, the Company agrees to deduct from the second pay of each month, Union initiation fees and assessments where necessary, and regular monthly Union dues, as certified by the Union to be currently in effect according to the Constitution of the Union, from the wages of each employee who has signed an authorisation form and to remit the amount so deducted along with a record of those from whom deductions ha been made to the Union no later than the lOth day of the. month following the month the dues were deducted. A copy of this information will be sent to the plant Chairman.

The Company shall furnish to the Plant Committee Chafrperson, the Local and National offices, an address list and wage rates of all employees covered by this agreement on ~anuary 1 and.July 1, of each year.

Union agrees to indemnify .~nd s~ye t:Q.~L .... C.QID~~.py harmless ----· ._ ....... . · .. ··aQ"C!in·sr-a.t'l' claims oz .... otlier forms of liability that may

arise out of o~ by reason of, deductions made or payments made in accordance with this Article.

.·

Received: 'f ,,~ .. f<'

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.5. 01

.. ·· /"5"'·~ 02

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UNION REPRESENTATION

The Company acknowledges the right of the Uni~n to select three (3)' Committeepersons, who will be assJ.gned to the day shift for the purpose of representing employees in the handling of grievances, one of whom shall be t designated as Chairperson. The Union shall have the right to appoint a Stewart to represent employees who. ~re working on any off shift. The Company shall be not1f1ed in writing by the Uniop. of the names of the Union Committeeperson and Stewart.

The committeperson or off shift steward shall be permitted to leave his regular duties ~thout hindering the efficiency of the operation for a reasonable length of time for the purpose of prompt handling of grievances, provided he first obtains permission from his immediate supervis6r. On resuming regular duties, the committeeperson or Stewart will report back to his Supervisor.

The Company agrees to compensate the bargaining committee for contract negotiations.

ARTICLE 6 GRIEVANCE PROCEDURE

6.01 A grievance is defined as a question involving the interpretation, application, administration, or alleged violation of any provisions of this Agreement.

STEP l.: ORAL STAGE. The grievance shall first be discussed by the employee and the employee's Supervisor and the Union committeeperson if so requested, by the employee or the supervisor, within three (3) working days of the o~currence giving rise to the grievance. The Supervisor shall respond to the employee within three (3) working days.

STEP 2: WRITTEN STAGE. Failing settlement of the grievance at Step 1, the employee may reduce the grievance to writing and submit it to the Plant Manager or designate.within five (5) working days from the date of the ·-Supe~i·!?Or' s ~reply at s·tep 1··. Such ··-w:rie:·te·n g~ievance shall be signed by the griever and state the specif~c clause of the Agreement allegedly violated and the relief sought. The Plant Manager or designate shall respond in writing to the grievance within five (5) working days from receipt of the grievance.

6.02

6. 03 .

E). 04

6.05

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- 5 STEP 3: FINAL REVIEW STAGE. Failing settlement· of the Grie~ance at Step 2, the Union may submit it to the General Manager or designate within five (5) working days from the .date of the Step 2 reply. The General Manager or his designate, shall respond to the grievance within five (5) working days from the receipt of the grievance.

At this step of the grievance procedure, other Company Representatives, and officiale of the Union who are not Employees of the Company.may be present.

Failing settlement of the grievance at Step 3, the Union may submit the grievance to arbitration, as described in Article 7, within thirty (30) days from the date of the Company's reply at Step 3.

Any grievance not processed within the specified time· limits provided in Axticles 6 and 7 shall be deemed to have·been abandoned.

If the Company fails to answer a properly submitted grievance within the specified time limits, the Union shall be entitled to submit the grievance to the next step of the grievance procedure or arbitration as the case may be ..

The time limits provided in this Article may be extended by mutual agreement between the Parties in writing.

ARTICLE 7 ARBITRATION

7.01 (a) When either party requests that a grievance be submitted to arbitration, they shall make such request in writing addressed to the other party to this Agreement, and at the same time, provide the names of three single Arbitrators .

. (b) Witpin five (5) working days thereafter, the other party shall either accept one of the Arbitrators submitted or provide the names of three (3) alternat~ve Arbitrators.

(c) ... }f .. '=:.l!~Y.~-~E~ u:n~b.le tQ __ agr.ee.._on ... cL..si.ugl.e .. Arb.it:r;a.tor---·--· - ... from the names exchanged within five (5). working days, they may then request the Minister of Labour for the Province of Ontario to assist them in selecting an impartial single Arbitrator, within a thirty (30) working day period.

Recel.ved: ' ;

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'?.02

7.03

7.05

7. 06

7.07

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No matter may be submitted to arbitration, which has not been properly carried through each step of the Grievance Procedure.

The Parties hereto will bear jointly the fees and expenses of the Arbitrator on an equal basis.

The ~rbitrator shall not be authorised, nor shall the Arbitrator assume authority to alter, modify, or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to ~eal with any matter not covered by this Agreement.

The decision of the Arbitrator shall be final and' binding on the Parties.

The time limits provided in this Article may be extended by mutual agreement between the Parties in writing.

ln the case of any matter involving a penalty, the arbitrator shall have the right to vary such penalty.

ARTICLE 8 PROBATION

8.01 A newly hired employee will be conEidered on probation for a period of 90 calendar days calculated from the most recent date of hire. The Union recognizes that the Company may discharge a probationary employee for a l~ssor reason than that which apply to an employee with seniority and the termination of the probationary employee shall be the sole discretion of the Company subject to the employee's right to lodge a grievance.

ARTICLE 9 SENIORITY

9.01

9.02

•••

. .

The fundamental rules respecting seniority are designed to give employees an equitable measure of security based on length of service with the Company.

Seniority will be established and maintained for all employees i~ the ba.~gaining unit on a plant -wide, .. ~.a.~-~~ .. : - .

"All employees· 'ri..aine"s will appear on a seniority ·list as of their date of hire, and be revised every six (6) months and posted on plant notice boards. A copy of such list will be given to the Union Chairperson of the committee.

Received: 'f

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9.04

9.05

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Employees will be regarded as probationary ~mployees- .for ' the first,ninety (90) calendar days of the1r employment and their name will appear on the Seniority List in order of the respective date of hire.

In the event more than one employee is hired on the:same date, the Company will randomly assign each employee with a seniority code number, this number· will be used in determining each employee's seniority standing, i.e. lowest seniority code number will be the highest seniority standing on such date.

ARTICLE 10 - JOB POSTING AND TRANSFERS

10.01

10.02

10.03

10.04

When promoting employees to higher rated jobs, the company will consider the requirements and efficiency of operations, and the skill and ability of the individual, to perform the required work in determining which employee is to be promoted. Where these factors are relatively equal, the employee with the greatest seniority will receive the promotion.

In the event that the company decides to create a new position or fill a vacancy, the company shall post such new job or vacancy for three (3) working days on bulletin board. All. subsequent vacancies chat result from the filling of the original posting shall be filled at the discretion of the Company.

The successful candidate shall receive a training period of up to five days for the lower skilled classifications and up to ten (10) days for the more skilled classifications. Should the candidate not be successful he shall return to his previous position.

If any employee on a the seniority list, covered by this agreement, 1s ·transferred or appointed to a position outside of the bargaining unit, and later is transferred .. , back to a position which is covered by this agreement, then only the seniority which he held prior to his transfer shall be accredited .to him. If the transfer necessitates an employee being replaced, the employee in the plant with the least seniority shall ·be the one replaced. · ·Employee~ having been ·emplov~.4._ qu.l..)!'_, ... in --··--· ..

-··· .. ·pos-i-tion-s· ·-ou:ts"i~de tne-·cargaJ..nl.ng- agreement shall if subsequ~ntly employed on a job covered by this.Agreement, be cons1dered new employees for the purpose of seniority.

Received: . '

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-s-AR'i'::r: CLE 11 LAY-OFF AND RECALL

11.01

11.02

•.

11.03

11.04

In cases of lay-off, the Company will consider the . ·requirements and efficiency of operation, and the ~k~ll and ability of the individual, to perform the requ1red work in determining which employee is to be laid off. Where these factors are relatively equal, the employee with the greatest seniority will be the last to be laid off and the first to be .recalled from lay off provided the employee retained or recalled, as the case may be, can satisfactorily perform the work that is available.

When recalling an employee after a lay off, he shall be notified by registered mail and allowed three (3) working days to notify the Company of his intention to report for work. Furthermore, the recalled employee must return to work within three (3) days of his notification to the Company of his intention to return to work. It is the employee's responsibility to notify the Company of his current address and telephone number.

In normal circumstances, ·when the Company decides to lay-off employees, temporary and probationary employees shall be the first to be laid-off.

The Company shall give affected employees as much notice as possible and in any event, no less than eight hours of notice of a lay-off or eight hours pay in lieu of such notice.

ARTICLE 12 LOSS OF SENIORITY

12.01 An employee shall lose all seniority and be terminated if the employee:

(a) voluntari·ly quits,· or retires i

·(b) ... is .. discharged for just cause and is not reinsta·t~d in accordance with the provisions of this Agreement:

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(c)

(d)

(e)

(f)

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is laid off and fails to advis~ the Company of h~s intention to return to work within three (3) work~ng days of being notified of a recall to work, by the company by registered mail to the employee's .la~t known address; or does not return to work w~th~n three (3) days of advising the Company of h1s intention to return to work;

is on lay off for lack of work for more than thirty six (36) consecutive months;

is absent from work for three (3) consecutive working days without giving a reason satisfactory to the company;

fails to return to work after the expiration of an authorised leave of absence without giving a reason satisfactory to the Company;

wilfully misleads the Company in his request for an authorised leave of absence for a purpose other than that for which it was granted;

ARTI:CLE·13 HOURS OF WORK AND OVERTIME

13.01 Hours of Work and Shift Outline.

Day Shift 7:30a.m.- 4:30p.m. Monday,Tuesday,Wednesday 7:30 a.m.- 4:00· p.m. Thursday,Friday.

Afternoon/evening Shift

4 : 3 0 p.m. - 1: 0 0 a.m. Monday, Tuesday, Wedne·sday 4:00 p.m.-12:30 p.m. ~hursday,Friday

Schedule may be changed within one (1) hour of the st~ and . stop times as needed to meet operational··­requirements. The Company shall provide one (1) week notice of any change to schedules and such schedules shall be in whole week blocks.

The above shifts will be non-rotating. I~ the event the Company establishe_s an af~ernoon/~vez:ing shift._ al..J.., .. _j.o.bs._.~-- _ ..... ~s.!:lal-1- .... be- ·pes·ted···"l:ndit:at~n~f-e:he snift. If there are in.s1.+fficient suc~essful applicants to the pcistings the ComJ?anr shall f~ll any openings by either hiring or ass1gn1ng employees from the classification in inverse order_of seniority to the shift. ·

Received: .. - ·--· ~-·

13.02

13.03

13.04

13.05

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The shift premium shall be 30 cents effective Octob~ 1, 1999, and 40 cents effective October 1, .2000, p.nd.t~SO cents effective October 1, 2001, per hour worked when~n employee is assigned to work of the afternoon/eve~i~g shift. ·

The hours of work referred to the above shall not construed to be a guarantee as to hours· of work per .

overtime shall be paid at the rate of time and (1+1/2} per hour worked .after completion of the . scheduled shift per day and all hours worked on Sat All hours worked on Sundays shall be paid at double time. . .

....... Overtime premium will not be paid more than once f'or~he same hours worked.

Employees may be required to work overtime to meet production requirements. OVertime shall normally be assigned to the employees in the department where· the work is to be performed. Should there be insufficient employees willing to do the work, the Company shall use the principal of inverse seniority in the department to fill the needs.

ARTICLE 14 LUNCH AND REST PERIODS

14.01

14.02

14.03

An unpaid lunch period of thirty (30) minutes shal provided during each regular work shift.

Two (2) paid ten (10} minute rest periods shall be · provided during each shift. One rest period in the :. first half of ~he shift and the other in the eeconq half of the sh~ft. An additional paid ten (10} min ~ break will be provided to employees prior to .~tl~··­commencement of any overtime with an additional paid:t'fem {10)_ minutes break after each two hours of overtime ij. the employee continues to work beyond the two {2) ho ,. ~

There will be a three (3) minute paid wash-up perio . immediately prior to the lunch hour and a ·three (3) pqitl

_wash-l.':P. pe:r:J'od ).lJlmediately. prior to the end of 'the "shT~.£·~·-,,

~~·A;, •1(\;W ··~·

. ,.uoo••-

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ARTICLE 15 -11-

CALL-I:N PAY •,

15.01 Employees called i.n for work after completi~n.of there regularly scheduled shift shall receive a mJ.nJ.mum of four (4) hours pay a~ their regular rates as .herein 'provided for.

ARTICLE 16 REPORTING PAY

16.01

16.02

Unless employees are notified not to report for work, employees who report for work on their regularly scheduled shifts and for whom no regular work is available shall receive not less than four {4) hours of such work as is available or, if no work at all is available, shall receive four (4) hours pay at their regular rates.

The provisions of this Article shall not apply in the event of strikes, power failures, or o.ther conditions beyond the control of the Company which prevent the Company from providing work or which occur in such a manner that the Company does not have sufficient time to notify the employees not to report for work.

ARTICLE 17 STAT HOLIDAYS

17~01

17.02

17.03

17.04 .. . ..

The following holidays will be observed by the Company:

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

Labour Day Thanksgiving Day Christmas Day Boxing Day

A holiday falling on a Saturday or Sunday will be observed on the Friday before, or on the Monday following. the holiday, as scheduled by the Company.

- . ,

An e~loyee must work the last scheduled day before or the fJ.rst scheduled day after the holiday in order to receive the holiday pay.

·---~ .... ~mP..lqy,~~.:.W.ho .. ,has.: .. less .. ehan ·E-fi-l."ee--{·.3+-'montirs '(5£ active--···-· ...... employment will not be paid for the holidays.·

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Employees who are required to work on a holiday will be paid at twice the hourly rate for all hours worked in addition to holiday pay if so qualified to receive the holiday pay.

ARTICLE 18 VACATION

18.01 Active employees are eligible each July 1, for paid vacations as follows:

a) less than 1 year's service as of July 1, the e.mployee shall receive vacation entitlement as per the Employment Standards Act of Ontario RSO.

b) one year of service or more as of July 1, the employee shall receive vacation entitlement of 2 weeks off and 4% of gross pay earned in the previous 12 months.

c) eight years of service or more as of July 1, the employee shall receive vacation entitlement of 3 weeks off .and 6% of gross pay earned in the previous 12 months. The third week of vacation shall be scheduled at Christmas.

d) fifteen years of service or more as of July 1, the employee shall receive vacation entitlement of 4 weeks off and 8% of gross pay earned in the previous l2 months.

ARTICLE 19 LEAVE OF ABSENCE

19.01 An employee requiring a leave of absence from work, without pay, shall request the same in writing, from the Company, giving as much notice as possible in advance of the intended leave period (except in cases of emergency) . The Company shall review the request and give its decision in a timely fashion.

ARTICLE 20 BEREAVEMENT LEAVE

20.01 The Company shall pay an employee up to three consecutive working days' pay at the employee's straight time hourly rate for all regular time lost in the event of the .. O.e.a.th_ ...... of the empl_qye~ '.s current· .spouse/partner, child~ .. mother, 'father;· sister ... brother, grandparent or grandchild and up to·two (2) consecutive working days pay in the event of

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20.02

20.03

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the death of the employee's child-in-law, child of current spouse/partner and mother/father-in-law. Payment shall be made only to the extent of time lost while making arrangements for. and/or attending the funeral, however, employees unable or unwilling to attend the funeral will nonetheless be entitled to ·up to one working day's pay for such regular time lost. In order to qualify, the employee:

(a) must have completed his probationary period; and

(b) may be required by the Company to provide satisfactory proof of death.

Employees shall not be paid pursuant to this Article for Saturdays, Sundays, Paid Holidays, days they would not have normally worked, or while on vacation or leave of absence, or for any other period during which they would not have otherwise worked.

It is recognized by the parties that the circumstances which call for leave in respect of bereavement •re based on individual circumstances. Upon request, the employee shall be allowed a reasonable period. of unpaid leave under the circumstances to enable him/her to look after funeral arrangements and/or travel]..ing out of town.

ARTICLE 21 JURY DUTY AND SUBPOENA WITNESS

21.01 An employee who has completed probation and is summoned to serve on jury duty or as a subpoena witness shall be paid the difference between his straight time hourly pay for his regular scheduled hours and the jury duty pay for each day served, provided proof of service and the amoUnt of pay received for service is presented to the Company. The employee shall notify the Plant Manager immediately upon receipt of notification that the employee will be required to serve on jury duty.

ARTICLE 22 BULLETIN BOARD

22.01

••

The Company. will pr.ovide a bulletin board apace in the .. ,PJ..ant_ . .f.or a.f£icial .... Ua-i.on -net-2:ces whi-c:h-may-Oe ... post·e'd·-·--­

by. authorized representatives of the Union, and approved by the Company .

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ARTICLE 23 GROUP INSURANCE PLAN

23.01 The Company will provide employees with a group insurance plan booklet outlining insurance coverage. All terms, conditions, and coverage will be governed at all times by ehe Group Policy issued by the carrier, as may be appointed from time to time by the Company. All benefits will continue as per the current policy for the life of the collecti~e agreement except:

1) Life Insurance and additional death and dismemberment will increase from$ 25,000.00 to$ 30,000.00 in the third year of contract.

2) Provide for re-imbursement with receipt up to a maximum of $ 1·oo. 00 every two (2) years to employees who require prescription safety glasses.

3.) The Company agrees to :re-imburse employees, up to a maximum of $ so. 00 in each contract year with the presentation of a receipt, for the cost of safety footwear.

4} With regard to the dental benefit plan, the annual deductable of $ 100.oo·per family will be eliminated.

ARTICLE 24 CLASSIFICATIONS AND RATES

24.01 The job classifications and hourly wage rates shall be set forth in Schedule 11 A11 and shall come into effect in the amounts and on the dates shown.

ARTICLE 25 GENERAL

25.01 Employees who are injured at work and who are unabl:e to·· continue at their job or who are sent home by the Company because of an industrial illness or injury, shall be.paid their regular earnings for the balance of the shift which the injury or industrial illness occurs. The Company shall make transportation available (if the employee needs it} t.o a hospital or physician located within a .reasonable ··distance 1 Or tO the employee IS nome·:·.... ----

Received: ' .

25.02

25.03

25.04

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- 15 -(a) The Company will make adequate provision for the safety and health of all employees during the hours of employment. The Company will make every effort to comply in a timely manner with all legislation pertaining to occupational Health and Safety. The Union agrees to actively promote measures to assure the health and safety of all employees. National Union health and safety staff shall have access to the workplace upon request. T, .. parties agree to set up a safety committee, two {2 members from the Company and two (2) members from th Union. . .

(b) The duties of the members of the Joint Health and Safety committee shall be set out in the Occupational Health and Safety Act and its Regulations.

(c) The Joint Health and Safety Committee shall mee monthly at a mutually agreed time. The Joint Health and Safety Committee shall make a tour of the plant in ·advance of the Committee meeting.

(d) The Company shall provide Committee with a list of substances.

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the Joint Health and Safet~~~* hazardous or controlle~. :v~:'

-·~~ (e) No fewer than two (2) plant at any one time.

employees shall work in the

(f) Every employee shall have the right to refuse to perform unsafe work as outlined in the Occupational Health and Safety Act. as in effect on ratification of ·1t·. this agreement.

(g) Approved personal protective equipment (by the Joint Health and Safety Committee) designed to protect employees shall be provided by the Company at no cost to the employees. This provision does not include safety footwear. ·

The Company shall provide B l/2 by 5 l/2 size copies of ::~. the agreement to its employees.

UNION/MANAGEMENT COMMITTEE· A Union/Management Committee shall be appointed ...

... - ..... cons.isting. of... two. (..2) -·:~ep:J:;es-eftt-ae-ivee from- the Uni·on· .. and· :;r­·two (2) from the Employer: The Committee shall meet at .,. the request of either party for the purpose of discussing all matters of mutual concern, except any matter that is

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in the grievance/arbitration process. This Committee shall meet at least once ·every three (3) months.

In cases .of discipline, except discharge, past .. disciplinary actions will not be taken into account after fifteen (15) months from the date of 'the incident giving rise to the discipline.

ARTICLE 26 - ANTI-HARASSMENT PROGRAM

26.01 The Company and the Union agree to put into effec't the Anti-Hara~sment program as set out in appendix (A).

ARTICLE 27 - ~UBSTANCE ABUSE PROGRAM

27. O.l The Company and the Union agree to put into effect the Substance Abuse Program as set out in appendix (.B). .

ARTICLE 28 TERMS OF AGREEMENT

28.01 This agreement shall be effective from October 1 1 2002, till September 30, 2005, · thereafter from year to year unless either party gives notice in writing to the other party not more than ninety (90) days prior to the expiry date thereof of that party's intention to terminate or to negotiate .revision thereto.

Signed this ~y of 2002 . •.·

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Union Contract D&E Wood Industries Ltd. & CA W..CANADA AND ITS LOCAL ZSl

ANTI-HARASSMENT PROGRAM

PURPOSE

Harassment in the workplace is a form of discrimination and is prohibited by law.

(Appendix A)

The Ontario Human Rights Code defines ba:rassrnent as "a course o( vexatious comment or conduct which is known or ougbt reasonably to be known to be unwelcome", and which denies individual dignity and respect on tbe basis of the grounds o( discrimination prohibited by Ontario Human Rights laws such as: se:r., age, race, national or ethnic origin, color, creed, disability, marital or family status, sexual orientation, or conviction for which a pardon was granted.

· The Company is committed to providing persons (including contractors, customers, vendors and vJsltors) with an environment free of harassment and wllJ make every reasonable effort lf? ensure that no one is sul:,ljected to harassment in the course of Ius/her wo:rk with the Company.

As part of this commitment and in conjunction \\lith the Canadian Auto Workers Union's (CAW) ongoing commitment to equity, the parties have jointly developed this internal procedure.· It has been. designed to ensure prompt attention and swift resolution of complaints. It is agreed that un,d~rstanding harassment and knowing how to deal with it will help to maintain a workplace free from harassment as described above. The avoidance of incidents or workplace harassment is the responsibility of each aod e\'ery employee. This will ensure that interactions with others who are performing senices for/with the Company are in· tbe spirit of dignity and respect.

Afl_lCATION ,. I •'

'fie p ocedure shall apply to aU employees of the Company who are members of the CAW and to all tmp oyees of subsidiaries and affiliates whjch adopt thh~ proc:edure.

J!i:FINliiONS

'\\iotkpJa.ce: Any location where employees are engaged io the Company business activities-in the performance of their work. This includes, but is not limited to company-owned or leased facilities or vehicles; customer or vender facilities when the Company employees are present in the course of performing their work; and restaurant, lodging, and seminar/convention facilities when utilized by the Company employees in the course of perfo.-ming their work.

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mtl!ll.!!l~rm!!!~LI!:Jfo,muation communicated solely on a need-to-know basis, where is necessary for the purpose of investigatini the complaint or taking disciplinary measures to the complaint, or as compelled by law.

managers are. responsible for requiring that employees create "and sustain an rree from harassment. Managers must know and comply With tbis procedure and and enforce it among employees. Managers must take acdon to prevent bar,.fSment

,.,.,llrrina. including but not limited to identifylna and intervellinaln Inappropriate ..W.rk.place as deOned by the procedure, and demonstrating a wiWngness to discuss and address

·with any employee.

must ensu.-e that no retaliatory ac::tion is taken against employees who m•tiate complaints pate in investigations in accordance with tiWfprocediU'e.

must communicate and enforce tJds procedure with '\isitors, customers, vendors and as necessary, to ensure tbat the workplaee is free of harassmenL

All C~~pany employees are to assist in the implementation of this procedure by respecting the right of ~tw;J)l,promptly reporting violations to management, the CAW designate. and/or human · reso'f~N~· and cooperating during inte.-naJ harassment investigations.

W!!11 TO 00 IF HARASSED . '!,:'

Ir an e'm•~ plovee believes that be/she has been harassed on tbe basis of any of the .Wounds prohibited ·'Ill· ' • eo·

by appt cable human rights legislation, the employee should: ·

:~·~~. ~ .. l) tell the alleged harasse:r(s) to stop, if possible;

· · .. ,!~:':li) document the event(s), eornplete with tbe time; date, location, names ofwltness(es): ·n•!L\· · d d t ·as f h t ·r 'bt · · ·o:~~;-1 ,, an e aa o eac:: even , 1 poss1 e.. . . . ~ ... --·-· ...

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Union Contract p&E Wood Industries Ltd •. & CAW-CANADA AND ITS LOCAL 252

II' th~ harassed employee does not feel able to approach the alleged harasser dlreetiy, or if, after being told to stop, the alleged harasser continues, tbe harassed employee may seek eitber an informal or formal complaint process.

INFORMAL COMPLAINT J»ROCESS

An employee subject to harassment wbo does not wish to lodge a formal complaint may wish to deal with the matter by means of an informal discussion with the immediate management, a CAW designate, or a Human Resources designate. In these cases an action plan will be developed for resolution of tbe matter.

Tbe recipient of the complaint will follow up with the employee to monitor whether the employee's concern was effectively resolved.

FORMAL COMPLAINT PROCESS

In the event that an employee ftles a formal complaint with his or her manager, a human resources designate or a CAW designate, a formal investigation will be conducted. The investigation will be conducted jointly by a human resources designate and a CAW designate fn situations where a CAW

· empl9yee is e;ther a complaint or an alleged harasser. · ·

A thorough, impartial and confidential invest;gation of the complaint will normally include, but is not limited to, interviews with the complaint, the accused party, relevant witnesses and a review of any pertinent records. Retallatioo. or threats against a complainant or witness for taldng part in an Investigation of a complaint is shietly prohibited and will result in disciplinAry action up to an Including discharge.

All complaints wUI be handled promptly. Tbe objective is to complete the investigation and comn1unicate the results to the complainant and the accused party witbin 30 days of receipt of the conip.l~i~.t: Where an employee feels threatened or severe harassment is claimed, the employee may re~~~JJ,,~J;l their regular assignment, be re-assigned to a mutually acceptable area, or be permitted to cease :"~~~k without loss of pay until a suitable resolution may be established.

Upon corn.pJedon of the investigation, a report will be prepared by tbe investigator(s) which will include. if appropriate, recommendations regarding corrective aetion.

The complaint and the accused party will be informed whether tbe allegation of harassment is verifie~. U so, the complainant will be advised verbally of the collective action to be ta,ken, provided he/she signs a non-disclosure a~re~ment. In addition, tbe

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D&E Wood Industries Ltd. & CAW-CANADA AN1J ITS LOCAL 152

Accused party will be informed in writing of the determination and tbe corrective action to be taken. ~

If the allegation of harassment fs unfollDded, tbe complainant and the accused party will be so advised in writing.

Information gathered during the investigation will be dlsdosed for the purpose of conducting the investigation or as ...:ompelled by law. Results of the investigation will be maintained in a confidential file located in Human Resources and wliJ not be filed In the accused's file unless disciplinary action is taken.

Employees, be they a.:cused harasser or the complainant, who are not satisfied with tbe investigation/resolution process may bring the matter to the attention of tbe General Manager of t.he Company and/or the Seeret3ry-Treasurer of the CAW. ·

CORRECTIVE ACTION

Any employee who is found to have engaged in harasnnent, any manager who Is aware of It and permits it to take place, or any employee who is found to have brougbt forward a bad faith complaint. may be disciplined up to and Including discharge.

GENERAL

All employees have the right to file a complaint with tbe Ontario Human Rights Commission and to seek redress under the Human RJghts Code.

This policy is not meant to inhibit relationships based on mutual coosent or normal social contact between employees. Properly discharged supervisory responsibilities including disciplinary action or conduct are not considered harassment.

This policy is considered a working doclllllent with ongoing comtnitment by both parties to voice concerns or the need for changes to the stated process. This docnroent is subjec:t to review on any basis with an agreement to conduct a formal re'riew no less tban annually.

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t7ni.on Contract D&E Wood Industries Ltd & CAW-CANADA AND ITS LOCAL 2.52

Substance Abuse Program

Appendix (B>

The Union and the Company jointly ncognize substance use and abuse to be a serious medical and social problem tbat can be successfully treated. It is. iii the best intel"est of the employee, the Union aod the Company to enc:oUl"sge early intervention and treatment to assist employees and memben of the:il" families towards tun rehabilitation. Such assistance includes, but is not necessady limited to, identification of the problem at the earliest stages, motivating the individual to obtain help, referral of the individual to ~opriate treatment and rehabilitation facilities and a continuing education of employees aod Uoion and dJ.i'dagement representatives alike to recognize and deal constructively with such problems as tbey arise.

Any employee who undergoes a- presmbed rehabilitative process will be entitled to Sickness and Accident Benefits in accordilllce with the Sickness and Accident Plan.

:Effective upon ratification of tb:Js coUec:tive agreement, the Company agrees to pay S 2. 745.60 dollars in December of each year or this agreement to a fund to be established by a local Union. The purpose of this fund will be to allow the l~al Union to put in place a full time Substance Abuse Representative who will wotk out of the local Union office. The Substance Abuse Representative wiJJ deal with subsftRCe use and abi.J:Se intervention, counseling, referral and follow-up for .individual cases as well as ongoing workplace education. The Substance Abuse R'epre5entattve will undergo any and all necessary traioing)~t is required to ~nable her/him to perfonn their duties in the proper manner. 'V

SbotJid the Substance Abuse Repfesentatlve come from the workplace covered by this collective agreanent, she/he shall be granted a leave of absence, with tun accumulation of seniority and pension sel'"Vic:e for the duration of time that she/be performs the job of Substance Abuse Representative •

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SCHEDULE A- WAGE RATES ..... .. ~· ..

HOURLY WAGE SCHEDULE - Before Increase "'

PRESENT EMPLOYEES AS AT OCTOBER 1, 2002 Seniority Start 3 Months 12 Months . 24 Months 36 Months

Machine operator A 13.4t 13.96 14.33 . 14.70 15.06 Machine operator B 11.60 12.15 12.27 12:38 Assembly A 12.15 12.71 13.40 14.09,- 14.77 Assembly 8 11.32 11.88 12.27 12.38 Painter 13.41 13.96 14.33 '14.70 15.06 • Material handler 11.32 11.88 12.23 12.60

. Custom goods A 14.51 15.06 '15.76 16.45 17.15 Custom goods B 13.41 13.96 14.33 14.70 15.06 General help 9.55 10.10 10.66 11.21

HOURLY WAGE SCHEDULE - 2% increase over prior contract PRESENT EMPLOYEES AS AT OCTOBER 1, 2002

Seniority Start 3 Months ·12 Months 24 Months 36 Months Machine operator A 13.68 14.24 14.62 14.99 15.36 Machine operator 8 11.83. 12.39 12.52 12.63 -Assembly A 12.39 12.96 13.67 14.37,/' 15.07 Assembly B 11.55 12.12 12.52 1~.63 Painter 13.68 14.24 14.62 14.99 15.36 Material handler 11.55 12.12 12.47 12.85 Custom goods A 14.80 15.36 .16.08 16.78 17.49 Custom goods B 13.68 14.24 14.62 14.~9, 15.36 General help 9.74 10.30 10.BL ... 11.43 \

HOURLY WAGE SCHEDULE - 2 % increase over prior year PRESENT &FUTURE EMPLOYEES AS AT OCTOBER 1, 2003

Seniority Start 3 Months 12 Months Machine operator A 13.95 14.52 14.91 Machine operator B 12.07 12.64 12.77 Assembly A 12.64 13.22 13.94 Assembly B 11.78 12.36 12.77 Painter 13.95 -14.52 . 14.91 Material handler 11.78 12.36 · 12.72 Custom goods A · 15. 1 0 15.67 16.40 Custom goods B 13.95 14.52 14.91 General help 9.94 10.51 11.09

HOURLY WAGE SCHEDULE - 3 % increase over prior year

24 Months · 36 Months 15.29 15.67 12.88 14.66 15.37 12.88 15.29 15.67

······-·····-·13.11 --· .. 17.11 17.84

15.29 15.67 .. 11.66

PRESENT & FUTURE EMPLOYEES AS AT OCTOBER ,1, 2004· senioritY· .. ---· .. ·--·---start · .. ··3 Mo.nths .... ··12' Months· ... · .. --=-~-· 24 Months 30 Months

Machine operator A 14.37 14.96 15.36 Machine operator B 12.43 13.02 13.15 Assembly A · 13.02 13.62 · 14.36 Assembly B 12.13 12.73 13.15 Painter 14.37 14.96 15.36 Materialhandler 12.13 12.73 13.11 Custom goods A 15.55 16.14 16.89. Custom goods B · 14.37 14.96 15.36 General help 10.23 10.82 11.42

-·t5.75 16.14 13.27 15.10 15.83 13.27 15.75 .16.14 13.50 17.63 18.36 15.75 16.14 12.01

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Phone: (905) 4J10..6817 . Fax: (80S) 670-2899 1-aoo-313·3446

' . This letter confirms that D&E Wood Industries Ltd. wjll within(~) weeks of ratification of the collective agreement dated October 1, 2002, pay each Union member a one time payment or$ IOOd>O dollars. · . ,.~·

Youf.s truly,

George Guthrie CA Cotittoller

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)Her JIUt( ·

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Letter of Understanding Excluded Personnel

1. ·Employees other than members of the J3argafuing Unit shall not perform work that comes under the terms of this Agreement; but may do so if: ·

a) instructing an employee or employees; b) new and. existing product and process developmen~ .

refuiement -and verification; · c) research and deve~opment;

d) an emergency

:provided that the act of performing the aforementioned operations~ in itself, does not reduce the hours . of work of any employee. ·

For the Union

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