article i -purpose collective agreementfiles.sba.wayne.edu/faculty/jmartin/cbaswinter11/coca... ·...

19
COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge & Medicine Hat, Alberta) - and- AMALGAMATED BEVERAGES EMPLOYEES ASSOCIATION Lethbridge, Alberta Expires February 12,2009 ARTICLE I - PURPOSE gOt5Z ! ,) LO I It is a purpose of tbis agreement to promote harmonious relations between tbe Company and its employees, and to provide an amicable effort at settling differences witb respect to its interpretation, application, administration or alleg,>d violation, ARTICl.E II - SCOPE OF AGREEMENT 2.01 Tbis Agreement shall COVer a unit of employees of Coca-Cola Bottling Company, Letbbridge and Medicine Hat, Alberta, comprising: Delivery Driver, Delivery Helper, Sales Equipment Servicemen, Material Handling Personnel, Sales Equipment Drivers, Sales Equipment Preparation Personnel, Sales Equipment Service Sbop Tecbnician, Sales Equipment Service Trainee and Sales Equipment Delivery Helper. ARTICLE III - DEFlNIT(O:'<lS 3.0 I A probationary employee, excluding part-time and temporary employees, sball mean an employee who has not yet completed sixty-five (65) working days of actual work within a period of six (6) consecutive months. For classifications of delivery- salesmen, tbe probationary period may be extended for a furtber period of sixty-five working days as management in its sole discretion may deem necessary, provided the employee is notified of the reasons for extension, A probationary employee may be laid off, disciplined, suspended or discharged by the Company without cause or notice, and at tbe sole discretion oftbe Company, and such action shall not be open to review under the grievance procedure set out in this Agreement. A probationary employee sball not have access to the grievance procedure of this Agreement. 3.02 (a) A Part-time employee shall mean an employee of the Company who normally works twenty-four (24) hours or less in a workweek.

Upload: others

Post on 06-Mar-2021

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

COLLECTIVE AGREEMENT

BETWEEN:

COCA-COLA BOTTLING COMPANY

(Lethbridge & Medicine Hat, Alberta)

- and-

AMALGAMATED BEVERAGES

EMPLOYEES ASSOCIATION

Lethbridge, Alberta

Expires February 12,2009

ARTICLE I - PURPOSE

gOt5Z ~)13/oi)- ~' ! ,) ~J

LO I It is a purpose of tbis agreement to promote harmonious relations between tbe

Company and its employees, and to provide an amicable effort at settling differences

witb respect to its interpretation, application, administration or alleg,>d violation,

ARTICl.E II - SCOPE OF AGREEMENT

2.01 Tbis Agreement shall COVer a unit of employees of Coca-Cola Bottling Company,

Letbbridge and Medicine Hat, Alberta, comprising: Delivery Driver, Delivery Helper,

Sales Equipment Servicemen, Material Handling Personnel, Sales Equipment Drivers,

Sales Equipment Preparation Personnel, Sales Equipment Service Sbop Tecbnician,

Sales Equipment Service Trainee and Sales Equipment Delivery Helper.

ARTICLE III - DEFlNIT(O:'<lS

3.0 I A probationary employee, excluding part-time and temporary employees, sball mean

an employee who has not yet completed sixty-five (65) working days of actual work

within a period of six (6) consecutive months. For classifications of delivery­

salesmen, tbe probationary period may be extended for a furtber period of sixty-five

working days as management in its sole discretion may deem necessary, provided the

employee is notified of the reasons for extension, A probationary employee may be

laid off, disciplined, suspended or discharged by the Company without cause or

notice, and at tbe sole discretion oftbe Company, and such action shall not be open to

review under the grievance procedure set out in this Agreement. A probationary

employee sball not have access to the grievance procedure of this Agreement.

3.02 (a) A Part-time employee shall mean an employee of the Company who normally

works twenty-four (24) hours or less in a workweek.

Page 2: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

(b) A temporary employee shall mean an employee who is engaged by the Company

to perform work of a temporary nature for any length of time during the period

from April 15th to September 15th, Or from November J 5th to December 31 5t and

such further term as management may, in its sole discretion, deem necessary.

(c) The pan-time and temporary employee shall work the time required. They are not

entitled 10 any amount of hours per week. Their hours of work, vacation

entitlement and holiday benefits are not covered by the tenns ofthis Agreement,

but by the applicable labour legislation and regulations of the Province of Alberta.

(d) Pan-time or temporary employees may be laid off, disciplined, suspended or

discharged without cause or notice. They do not have recourse to the grievance

procedure.

ARTICLE IV - REPRESENTAIION

4.01 The Company recognizes the Association as the exclusive bargaining agent of the

employees as herein defined.

4.02 There shall be no discrimination by the Company against any employee for his

membership in the Association.

ARTICLE V MANAGEMENT RIGHTS

5.0 I The Association agrees that the Company has the exclusive right to manage and

operate its plant and equipment and to carry on its business. The Association also

agrees that, subject to the restrictions contained in the terms of this Agreement, the

Company has the right to decide, from time to time, all matters relating to the terms

and conditions of employment of the employees, including the duties and conduct to

be required of them. All management rights not exclusively given away to the

Association shall remain within the exclusive jurisdiction of the Company.

The Company agrees that ifpersons excluded from the scope of this agreement are

affected by changes in the business, the work of those persons wi II not affect the hours

of work of association members unless agreed to between the Company and the

Association or in cases of emergency situations.

ARTICLE VI - DISCHARGE OF EMPLOYEES

6.0 I Subject to the terms of this Agreement, the Company shall not diSCipline, suspend or

discharge (as distinguished from layoff) any employee (excepting probationary, part­

time and temporary employees) without cause.

ARTICLE VII - NO STRIKES OR LOCKOt:TS

7.0) There shall be no strikes, lockouts, slowdowns or work stoppages of any kind during

the lerm of Ihis Agreement. The terms "strikes" and "lockouts" will have the same

definition as those set out in The Albena Labour Act.

ARTICLE VII! - ASSOC!A TlON ACTIVITIES

8.0 I There shall be no Association activilies during working hours unless permission is

firsl obtained in writing from Ihe Sales Centre Manager in Lethbridge.

8.02 An Associalion Steward will be present al Steps I and 2 of the grievance procedure,

provided always that the initial conlact and discussions between Iheemployee and the

Shop Steward shall not be done on Company premises or during working hours. For

Ihe purposes of Ihis clause, the Company is willing to recognize two (2) shop

stewards, in totaL They shall be one (I) each from the employees located in

Lethbridge and Medicine Hal and one (I) alternate from each location in the event of

absence. The Association shall supply the names of the two (2) shop stewards and

their alternatives to management at the date of execution of Ihis contract.

3

Page 3: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

8.03 Except as herein expressly provided. no bill. bulletin. newspaper, handbill, or any

other document shall be posted in or about the premises or equipment of the Company

by the Association, its officers or members, or by any employee ofthe Company. The

Company will, however, make available for the use of the Association a bulletin board

in the Company's premises in Lethbridge and Medicine Hat whereon the Association

may. from time to time, post such notices as it desires to bring to the attention of

employees. provid,,"d, however, that no such notice may be so posted unless it shall

have been initialled by the Sales Manager or his designated representative prior to

being posted to indicate that he has agreed to the posting thereof.

8.04 One (I) Association Steward and one (I) employee shall, with the consent of the

Sales Manager, be allowed such time off as may be necessary to enable him to attend

appointments with management personnel at Steps I and 2 of the grievance procedure

set out in Article 9. Any employee who is required as a witness at an arbitration

hearing established under Article 10 shall be allowed such time off without pay as

may be necessary to enable him to give evidence at such hearing. The allow ing of such

time off under this Article shall always be subject to the employee having obtained

permission to leave his work from the Sales Manageror his designated representative.

If, at any time, the Sales Manager or his designated representative feels that the

privileges under this Article are being abused, he can insist all grievance steps and

arbitration hearings be held outside the working hours.

ARTICLE IX GRIEVANCES

9.0 I A grievance shall consist only of a difference between the parties concerning the

interpretation, application, administration or alleged violation of any provision of this

Agreement. There shall be an earnest effort on the part of all parties to this

Agreement to deal with all grievances through the procedure set out herein,

4

9,02 An employee who has a grievance shall report that grievance and shall follow the

following steps:

I. The employee shall refer his grievance to his immediate supervisor within

twn (2) working days of the event giving rise to the grievance, and not

otherwise. A meeting in an attempt to resolve the grievance wiII be held with

the Supervisor and the employee within five (5) days after its presentation at

Step I. The Supervisor shall give a decision within five (5) days of that

meeting.

2. If the b'Tievance remains unsettled after the hearing of Step I, it may, within

three (3) working days from the date ofthe decision in Step I, be referred in

writing at Step 2 to the Sales Centre Manager. A meeting in an attempt to

resolve the grievance will be held within five (5) days after its presentation at

Step 2, and a decision shall be rendered by the Sales Centre Manager within a

further live (5) days following the said meeting.

3. If the grievance remains unsettled after the hearing at Step 2. it may, within

five (5) days of the decision at Step 2, he referred in writing at Step 3 to

arbitration as provided for herein.

9.03 The grievance, when it is first submitted in writing. shall contain the act complained

of, the Section of the Collective Agreement which is alleged to have been violated,

and the remedy sought.

9.04 In the event of an unjust dismissal grievance. the grievance shall he submitted in

writing at Step 2 within three (3) days of the dismissal.

Page 4: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

9.05 It is expressly agreed that in the event the Association does not process the b'Tie\'ance

within the time limits prescribed in this Agreement, tbeir grievance shall be deemed to

have been forfeited in favour of the Company. In the event the Company does not

render their decision in accordance with the lime limits set out in this Agreement, the

grievance shall automatically move to the next Step. In the event of extenuating

circumstances, the parties may extend the time for the taking of any Step by mutual

agreement duly signed by the Sales Manager and Association Steward.

9.06 Should any grievance arise directly between the Company and the Association, it shall

be dealt with as follows:

It may, provided it is done within seven (7) days oflhe event giving rise to the

grievance and not otherwise, be presented in writing by either of such parties

to the other, setting out sufficient detail to define the issue. An opportunity for

oral discussion between the officials of the Association (not exceeding three

(3) in number) and representatives of management (not exceeding three (3) in

number) will be given, and failing agreement, the party to whom such matters

was submilled shall deliver to the other party a reply in writing to such

submissions within seven (7) days after the said meeting. Said meeting will

have been held within five (5) working days after receipt of the initial

grievance.

9.07 Failing agreement, either party may submit the grievance to arbitration pursuant to

Article 10.

ARTICLE X - ARBITRATION

10.0! Should any grievance, as defined in Clause 9.01, arise which is not satisfactorily

determined under the foregoing provision, and should either the Association or the

Company desire to carry the matter further, the matter shall then, by nOlice in writing

6

given to the other party within ten (l0) working days from the giving of the latest

decision referred to above, be referred by either the Company or the Associalion to

arbitration as provided herein. The notice to process to arbitration shaH contain with

it the appointment of an independent Arbitrator.

10.02 An earnest effort will be made by both the Company and the Association to reach

mutual agreement on the person to be requested to serve as Arbitrator. If such

agreement cannot be reached within fifteen (15) working days of the date of notice of

arbitration. then the panies shall make joint application to the Alberta Minister of

Labour for the selection of an Arbitrator under the provisions of The Alberta Labour

Act.

10.03 The Company and the Association shall each be responsible for one-half of the

expenses of the fees payable to the Arbitrator.

10.04 The Arbitrator shall have no power to add to, subtract from. amend, disregard, alter or

modify any ofthe terms of this Agreement.

10 .05 The decision of the Arbitrator shall be final and binding upon the parties.

10,06 The Arbitrator shall have the right to determine whether a difference Can be the

subject of arbitration.

ARTICLE XI - RECOGNIZED HOLIDAYS

11.01 An employee will receive regular pay for all recognized holidays listed below:

New Year's Day

Alberta Family Day

Good Friday

Victoria Day

7

Page 5: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Remembrance Day

Chri~tmas Da)'

Bolting Day

In addition to the above, employees will be entitled to two (2) floating holidays within

the contract year, commencing in the tirst contract year. Floating holidays cannot be

accumulated or carried forward for use in future years. The date of adherence of

floating holidays shall be arranged through mutual agreement between the employee

and management and must be requested by the employee no later than one (I) week

prior to the desired date.

The Company further ab'Tees to recognize such other holidays as maybe designated as

a statutory holiday by the Lieutenant Governor in Council.

New regular full-time employees who are hired after June 30'" in each year of this

agreement shall only be entitled to one (I) "floater" day during that year of

emplo}ment.

11.02 To be eligible and paid for anyofthe above holidays, an employee must have worked

on his last scheduled work day immediately before and his tirst scheduled work day

immediately after such holiday.

11.03 Should any of the holidays mentioned above fall on a Saturday or on a Sunday, the

regular working day which is closest thereto w ill normally be designated as the

holiday. If, however, any question should arise as to the day and the year to be

designated as anyone of the holidays mentioned above, the Company shall decide the

8

questions for the purpose of this Agreement. The Company agrees to give two (2)

weeks notice of the day to be designated as a holiday. If an employee should be

scbeduled to have one of his regular days off on a day designated a day to be observed

as a holiday, that employee may be allowed another day off, with pay, in lieu of the

holiday with pay, and for the purposes of this Agreement such lieu day shall be

considered his "holiday".

11.04 The employee shall receive the applicable rate of pay for work on an actual

recognized holiday.

11.05 Refusal to work on a recognized holiday when scheduled to do so automatically

makes an employee ineligible to receive pay for that day.

11.06 To be eligible for the henefits of this Section, an employee must have completed thirry

(30) days of employment with the Company during the previous twelve (12) months,

except where this provision is specifically waived by the Company.

11.07 Probationary, part-time or temporary employees shall not receive any benefits under

this Article, but shall be paid in accordance with the provisions ofthe relevant labour

legislation and regulations of the Government of the Province of Alberta. In that

regard, the Company agrees to recognize the holidays enumerated in Article 11.0 I,

with the exception of the two (2) floating Holidays.

11.08 The Company may, in its own absolute discretion, by virtue of Article 11.02, grant

holiday pay to any employee who is disqualified from receiving pay if, in the opinion

of the Company, the granting ofthe same is justified in the circumstances.

ARTICLE XII - VACATIO:'llS WITH PAY

12.01 All probationary, temporary and part-time employees shall receive vacation benetits

9

Page 6: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

in accordance with The Alberta Employment Standards Act, and all regulations and

amendments thereto.

12.02 All other employees shall receive vacations with pay in accordance with the

provisions of The Alberta Employment Standards Act and all regulations and

amendments thereto, with the following exception, namely, employees with three (3)

or more years of continuous service with the Company shall receive three (3) weeks

annual vacations with pay, employees with ten (10) or more years of continuous

service with the Company shall receive four (4) weeks annual vacation with pay,

employees with twenty (20) or more years of continuous service with the Company

shall receive five (5) weeks annual vacalion wilh pay, and employees with thirty (30)

or more years of continuous service with the Company shall receive six (6) weeks

annual vacation with pay, providing they are at work and qualified for their vacations

with pay under Alberta law. including all relevant regulations. orders and amendments

thereto.

12.03 The amount of pay \0 which each employee will be entitled in respect of hislher

vacation will be determined in accordance with the chart below. The earnings on

which the calculation will be based shall be total earnings from the Company for the

calendar year of service in respect of which the vacation is granted including any

premium pay (overtime, night shift, etc) and pay for time not worked (vacation,

observed holidays, sick pay. etc.)

::i&l.lIldule of Vacation With Pay Entitlement

Length ofServiee

I yr but less than 3 yrs 3 yrs but less than 10 yrs 10 )TS but less than 20 }TS

20 yrs but less than 30 yrs 30 yrs and beyond

Length of Vacation

2 weeks 3 weeks 4 weeks 5 weeks 6 weeks

.Earnings Payable

4% 6% 8~4

10% 12 '}'O

10

12.04 In recob'Dition of and appreciation for long association with the Company. each

employee who during the life of this Agreement completes his 25th, 30th, 35th. 40th

or 45th year of continuous employment with the Company shall, on completion of

each such fifth year of employment, qualifY for a special Long Service Leave, Each

such Long Service Leave will be of two (2) weeks duration and the employee will be

paid for each week of such absence an amount equal to his regular hourly rate,

multiplied by forty (40),

Employees who have not attained their twenty-fifth (25 th) year of continuous

employment with the Company by February 12,2005 will not be eligible tbr the

foregoing provision after that date.

12.05 Should a recognized holiday as designated in Article I 1.0 I fall during an employees

scheduled vacation period, the holiday will be observed immediately following the

end of the employees scheduled vacation period, unless agreed to otherwise by the

parties.

ARTICLE XIII - HOURS OF WORK AND OVERTIME

13.01 The hours of work and overtime pay shall be in accordance wilh the relevant labour

legislation in force in the Province of Alberta during the term of this Agreement

13.02 (a)

(b)

Delivery-Salesmen-In-Charge working within the boundary of the City of

Lethbridge or Medicine Hat will be paid overtime after eight (8) hours at their

rate x 1.5.

Delivery-Salesmen-In-Charge working in our country territories will be paid

overtime after ten (10) hours of completed work at their regular rate

x 1.5.

II

Page 7: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

(c) Service department personnel will have the option to take time off in lieu of

being paid overtime as per point (d) below or will be paid overtime aftereigbt

(8) hours worked in a day at the rate of 1.5 times their basic rate of pay at

their election. All overtime paid out shall be at the rate of pay it was earned.

(d) In lieu of payment of overtime, a maximum of twenty-four (24) hours of

overtime maybe banked per calendar year in sixty (60) minute intervals (i.e.:

no part hours). The scheduling of banked time off will be arranged by

mutual agreement between the employee and the manager and shall be taken

in eigbt (8) hour increments. All banked time earned during the calendar year

must be used within that same calendar year. In the event that work

schedules do not provide an opportunity for the use of banked time within the

calendar year, the Company will payout the time due to the employee.

(e) The expansion of 4 x 10 hour shifts beyond the existing Letter of

Understanding will only be implemented upon mutual agreement between the

Company and the Association.

ARTICLE XIV - WAGES

14.01 The Company shall pay the employee in accordance with Schedule "A" attached

hereto. Should the present practice of wages being paid bi-weekly change, the

Association will be advised, in advance, of such change being made.

ARTICLE XV - BEREAVEMENT PAY

15.01 In the event of a death occurring in the employee's immediate family, leave of absence

with pay will be granted, at the time of bereavement, on the following basis:

(a) Three (3) full straight-time working shifts in the event of a death

involving the employee's mother, father, spouse or children,

12

(b)

grandparent, mother-in-law or father-in-law, brother, sister or

grandchild of the employee.

One (I) full straigbt-time working shift in the event of death involving

the employee's brother-in-law or sister-in-law.

ARTICLE XVI - HEALTH INSURANCE PLAN

16.01 It is agreed that, subject to any future legislation or insurance company changes

affecting such matters, the arrangements described in Schedule B will continue in

force during the life of this Agreement.

In addition, the Company will continue to pay one hundred (100%) percent of the

Alberta Health Care Insurance Plan premium for coverage in effect at the date hereof.

16.02 It is recognized and agreed by the parties that the benefits provided in Schedule B, the

Letter of Agreement regarding disability benefits and the Long Term Disability Plan

are benefits that the Company provides through an insurance carrier and that, in no

circumstances, will the Company be considered as the insurer, and further, that the

Company's only liability hereunder will be to pay the premiums for these benefits.

ARTICLE XVII - SICK LEAVE BENEFITS

17.01 Every regular employee who has completed one or more years of continuous

employment with the Company shall be entitled, in each year of the life of this

Agreement, to payment for up to six (6) days of absence due to bonafide illness, (in

the event that an employee commences work but becomes ill during the course of the

day and does not complete his scheduled shift, such part day of absence w ill, for the

purpose of this clause 17.01, be counted as one-half (Yo) day of absence due to

illness). Such payments shall be in an amount equal to 75% of the employee's regular

13

Page 8: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

rate of pay asofthe first day of the contract year, and any unused credits shall he paid

to the employee within tbirty (30) days of the end of that contract year in the

following manner:

First three (3) unused sick days paid out at 100% of the employees regular

rate of pay as of tbe first day of the contract year, witb any remaining sick

days paid out at 75% oftbe employees regular rate of pay as oftbe first day of

tbe contract year.

17.02 No payment shall be made under this Article for any day of absence in respect of

wbicb tbe employee is eligible for full or partial payment under any otber clause in

this Aj,>Teement or form any fund or plan to wbich the Company contributes (i.e.

Group Insurance Plan, Workers' Compensation, Unemployment Insurance,

Government Pension Plan, etc.).

17.03 The Company shall, upon request, be provided with verification of illness of tbe

employee in the form of an autbentic medica I certi ficate. If the company so desires,

tbey can bave the employee seen by a medical doctor of tbe Company's choice.

17.04 Any employee found abusing the above privilege shall be disciplined by the

Company. Tbe Company may discontinue or reduce the benefit to the said employee

or terminate bis employment.

17.05 An employee wisbing to return to work following an accident or illness must comply

with tbe following conditions:

(a) He must return as soon as physically able to and. in any event, witbin six (6)

months from tbe date of the accident or illness;

(b) He must first pass, to the satisfaction of the Company, a medical examination

by medical officer of the Company's choice if requested to do so;

14

(c) The employee will return to the job he held prior to his absence unless such

classification no longer exists. In sucb event, the employee shall be given a

job with comparable rate if that does exist, providing skill, ability and

qualifications are equal and providing always he is capable of doing the work.

If no job at the comparable rate ex ists, he will be designated such other

employment as may be available, provided always skill, qualifications and

ability are equal.

ARTICLE XIII - DEDUCTION OF DUES A.t~D ASSOCIATION MEMBERSHIP

18.01 The Company agrees that it will, as a condition of employment or continued

employment, have every employee execute in writing an authorization permitting the

Company to deduct from wages due to tbe employee such amounts as may be

determined by the Association. It is recognized, bowever, Ihat an employee is not

required to become a member or maintain membership in the Association.

18.02 The Company will, from wages due the employee, make the payment authorized by

the employee, provided always that there shall be no payment due witb respect to any

employee until tbe first remittance date following the completion oftbirty (30) days of

employment.

18.03 The Company, prior to the 15tb day of the month following themontb in which such

deductions were made. remit to the Association named in the authorization together

with the name of the employee for whom the deduction is made until such time as the

authorization is revoked in writing and delivered to the employee. Upon receipt of a

revocation, the Company will forthwith notify the Association.

ARTICLE XIX - CLOTHING

19.01 Tbe Company will supply to each regular employee as reasonably required by him

during each year oftbis Agreement tbe items of Standard Work Clothing to the total

15

Page 9: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

amounts specified in the following schedules, All such items shall remain the

property of the Company and, upon termination of employment, the Company can

require the return of Uniforms or Identification, The Company will pay for the

complete cost of the following clothing items, unless as may otherwise be provided

for herein, All associated laundry costs shall be the responsibility of the employee,

Group No.1 DeUvery Driver

1 jacket

5 trousers

5 shirts

I winter jacket (every 4 years)

5 pairs of socks

1 toque

N.B. In the case of new. permanent appointments to the position of Delivery

Driver. the first issue only will include an extra jacket.

Group No.2 Service Department Personnel

I jacket

5 trousers

5 shirts

5 pairs of socks

1 toque

1 pair of coveralls every four (4) years Or as required (Sales Equipment

Service Technicians only),

N.B. In the case of new, permanent appointments to positions in the Sales

Equipment Service Department, the first issue only will include an extra

jacket.

16

Winter Jackets

-must he employed minimum of two (2) years in the Sales Equipment Service

Department to qualifY to- receive one new jacket e"ery four (4) years, if required

Group No.3 - Material Handling Department

I jacket

5 trousers

5 shirts

5 pairs of socks

I toque

For employees who are periodically required to work outside, they will be provided with a new winter jacket every four (4) years,"

19.02 One pair of gloves shall be provided to each employee every four (4) months (as

requested).

19,03 Company provided uniforms shall only be worn dunngworking hours and shall he of

the current issue only. Personal clothing items, including. but not limited to. buttons

and stickers. are nOI to be worn in conjunction with the standard uniform issue.

19.04 The Company shall have the right to designate other employees to wear uniforms

provided they provide a similar uniform service as that referred to in Clause 19.01

above.

19.05 The Company will have the e."ciusive right to dictate:

(a)

(b)

(c)

Supplier;

Price of clothing; and

Type of clothing.

17

Page 10: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

19.06 When a regular employee qualifies for issue of safety boots, he/she may purchase

approved safety boots or shoes from the suppl ier of his choice. On presentation to the

Company of a receipt for the purchase of approved boots, the Company will

reimburse such employee up to the maximum $150.00 for each contract year.

Any cost in excess of the allowance shall be paid by the employee and may be re­

claimed by him in the next contract year only up to the amount provided in that next

contract year. To meet the required safety standards. all such footwear must have

steel toe caps and puncture resistant soles (green patch) and any additional safety

footwear purchased for at-work wear must meet the same specifications.

Probationary employees are required to purchase their own approved safety footwear

and will receive the allowance on successful completion of their probationary period

and appointment as a regular employee.

Temporary (and part-time. if applicable) employees are required to provide their own

approved safety footwear. However, if a temporary Or part-time employee is accepted

as a regular employee. he will, on reclassification Or on completion of his

probationary period, whichever is later. be paid the safety footwear allowance.

Employees who are required to fill in for a Designated Zone Supervisor. (up to 2

employees in Lethbridge and up to one employee in Medicine Hat), will be eligible

for one (I) pair of shoes in each year in accordance with the above provision.

ARTICLE XX - NOTICE OF JOB OPENING

20.01 Any job classification covered under this Agreement that is vacant and which the

Company intends to fill, will be posted by the Company.

18

ARTICLE XXI - NOTICE

21.01 Either party to the Agreement may, no sooner than 120 days and no later than sixty

(60) days prior to the expiry of the Agreement, give notice of its desire to bargain for

renewal of said Agreement.

Gender

21.02 Wherever the use oflhe male gender is used herein, il shall also apply to the female

gender wherever applicable.

ARTlCI~E XXII - TERMINATION OF AGREEMEl\;T

22.0 I This Agreement shall be effective from February 13,2005 and shall continue in effect

until February 12, 2009, at which time this agreement is terminated.

22.02 The provisions of this Collective Agreement which represent a change from the

Collective Agreement which expired on February 12, 2005, shall become effective on

February 16.2005, unless as otherwise specified herein. Operational changes, which do not

have a speeified date, will be implemented as soon as reasonably practicable.

19

Page 11: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals and/or

affixed their corporate seals attested to by the hands of their officers duly authorized in that

behalf.

Executed by the undersigned at Lethbridge, Alberta this ~~~_ day of

__________ ,2005.

FOR THE ASSOCIATION FOR THE COMPANY

20

SCHEDULE A

A.01 Classifications and Rates of Pay

CLASSIFICATION ~ UIl..!H!I§. .El:l!....U.llI fG...U.lJIJl

Delivery Driver 521.95 522.48 523.03 523.59

Delivery Helper 514.47 515.00 515.55 516.11

Sales Equipment Service Technician 522.02 522.55 523.10 523.66

Sales Equipment Shop Technician 522.02 522.55 523.10 523.66

Sales Equipment Delivery Driver 517.92 518.45 519.00 519.56

Sales Equipment Service Trainee 517.92 518.45 519.00 519.56

Sales Equipment Preparation 517.92 5\8.45 519.00 519.56

Sales Equipment Delivery Helper 517.92 518.45 519 .. 00 519.56

Material Handling 519.74 520.27 520.82 521.38

A.02 NIGHT SHIFT PREMIUM

This premium ofSI.OO/hour is payable for scheduled hours worked after 5:00 p.m., but not

for hours for which overtime is payable and shall be payable to all classifications.

A.03 PROBATIONARY RATE

Twenty percent (20%) below job rate

4 to 6 months rate: ten (10%) percent below job rate

21

Page 12: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

A.04 TEMPORARY AND PART-TIME RATES

Thirty percent (30%) below job rate (All departments).

The rate for a part-time or temporary OS IC shall. for the life of the Collective Agreement, be

$18.00Ihour effective the date ofratitication of the Collective Agreement. A part-time or

temporary DSIC while being trained shall receive a rate of pay of$16.00Ihour.

Whenever layoffs are ne;;essary. the Company shall tirst layoff temporary and part-time

employees, if any, before any regular employee.

A.OS MATERIAL HANDLING

If a material handling worker works four (4) or more hours in a day in a higher position, he

will receive the higher wage rate for all hours worked in the higher position in that day.

A.06 ON-CALL WAGES FOR SERVICE ASD PRODUCT DELIVERY

It is absolutely the right of the Company to decide who is designated to be on-call in all areas

and during what time period and what their responsibilities are.

(i) Effective April 11, 1001, On-Call in Medicine Hat and Lethbridge areas:

• Separate person Service Department On-Call $70.00 per week, plus an

additional $30.00 for each statutory holiday.

• Separate person Product On-Call $70.00 per week, plus an additional $30.00

for each statutory holiday.

(il) On-CaU in Lethbridge area - Product Delivery (Premix and Post-Mix

accounts)

JanYllIY - April I Septemher c Dec<:mher

Rate $50.00 per week for person on call plus an additional $25.00 for each

statutory holiday.

22

May- August

Rate $60.00 per week for person on call plus an additional $30.00 for each

statutory holiday.

(iii) In addition to the On-Call premium. an employee shall also be paid at one and

one-half (I y,) times his regular rate for all time actually worked by him during

the period he is "on call".

A.07 OVERNIGHT TRIPS

Delivery Drivers:

A trip is based on two (2) days- ten (10) hours per day, no overtime paid plus $25.00 per trip

bonus. The Company shall designate hotels to be used for overnight trips and shall arrange

with the hotel for its direct billing of room plus tax only. Meal allowanceof$30.00 per day,

plus gratuities, based upon re;;eipts. Employees shall be allowed $8.00 per day for telephone

calls.

Sales Equipment Service:

The employee w ill be paid a $25.00 per trip bonus or compensation for overtime hours

worked, whichever is the greater. The Company shall designate hotels to be used for

overnight trips and shall arrange with the hotel for its direct billing of room plus lax only.

Meal allowance of$30.00 per day. plus gratuities, based upon receipts. Employees shall be

allowed $8.00 per day for telephone calls.

23

Page 13: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

SClIEDU[.E B

Pension. Benefit and Disability Plans

Pension Plus is a Coca-Cola Bottling Company funded and administered pension

plan.

Benefits Plus provides employees with elected health coverage's and allows for

opportunity for such employees to modifY their coverage elections. This is typically

an annual event. Individual employee contributions levels will vary based on their

individual election for coverage. It is understood that the Company fulfills its

obligation under this provision by maintaining the benefit plans referred to above and

continuing to pay the requisite premiums therefore but in all respects the plan shall be

administered in accordance with the rules and regulations of the respective plans, said

plans not forming part of this Agreement.

Provisions and plan details are as detailed in the Hourly Benefits and Pension Plus

Guides and inserts.

Disability Plans (Weekly Income Benefits and Long term Disability Plan

Weekly Income Benefits

Weekly Income Benefits are sixty-six and two-thirds percent (66-213%) of regular straight

time earnings to a maximum of$500lweek up to a maximum twenty-six (26) weeks. The

Company pays 100% of the W.I.B. premiums.

It is agreed that subject to the provisions of the Employment Insurance Act, the Company

shall retain any upremium reduction' w hieh is or may become available from the

Employment Insurance Commission upon their continued acceptance ofthe Company's plan

of Weekly Income Benefits as a "qualified registered plan".

24

Long Term Disability Plan

The Long Term Disability Plan is as set out in the attached Letter Of Agreement attached

hereto.

With respect to the foregoing benefits, it is recognized and agreed by the Parties that the

Company will provide the following benefits through an insurance carrier and will, in no

circumstances, be considered as the insurer, and will be obliged hereunder only to pay the

premiums for these benefits."

25

Page 14: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

LETTER 01<' AGREEMENT

BETWEEN:

AMALGAMATED BEVERAGES EMPLOYEES ASSOCIATION

- and-

COCA-COLA BOTTLING COMPANY (LetbbridgelMedicine Hat)

RE: LONG TERM DISABILITY PLAN

II is mutually agreed by the parties hereto that the Company's current package of disability

benefits shall be modified and that a co-ordinated Long Term Disability Plan shall be

introduced, all as set out herein:

I.

2.

Effective as soon as possible after the execution of this Agreement, the present

Weekly Income Benefit coverage will be amended to the maximum benefit

period of 26 weeks. The Company will pay 100% of the revised W.I.B.

premiums. An employee who is absent on W.LB. at such date will continue to be

covered by the existing program until helshe returns to work, at which point the

new program will become effective for himlher.

Effective at the same date, the Company wi II introduce for all regular employees,

a Long Term Disability Insurance program which will include the following

features:

(a) The benefit will be based on 66-2/3% of regular straight-time

earnings in effect at the time disability commences, up to a maximum

monthly benefit of $2000.

26

(b) Benefits will be payable monthly, after a qualifying W.LB. period of

26 weeks of continuous absence due to "disability", and will continue

as long as "tolal disability" lasts, up to age 65.

(c) "Disability" will mean an incapacity which prevents the employee

from performing hislher regular dUlies during the qualifying W.I.B.

period of26 weeks and the following L.T.D. benefit period of 104

weeks. If still disabled after a combined benefit period of 130 weeks,

disability is then considered total if it prevents the employee from

performing any work for which he/she is reasonably qualified by

education, training or experience.

(d) Benefits payable under the LTD. plan will be reduoed by the amount

of disability income benefit, if any, payable by the Canada/Quebec

Pension Plan (primary benefit only) or by Workers' Compensation.

The policy shall include such limitations and restrictions as are

usually found in L.T.D. policies.

(e) Participation in the LTD. plan will be mandatory for all eligible

employees on completion of the probationary period. Coverage is

effective on the date the employee becomes eligible, provided he/she

is at work on such date. If the employee is absent from work on the

date of eligibility, L.T.D. coverage will not become effective until

he/she returns to active employment.

(f) Pre-existing conditions are not covered unless the employee, after

becoming insured, has been actively working for 3 oonsecutive

months with no absence related to the pre-existing condition.

Page 15: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

3. During the 130 week benefit period referred to in point 2(c) above, the Company

will continue in force the Benefit Plus coverage's of the employee.

DATED AT LETHBRIDGE, ALBERT A, this ___ day of _____ , 2005.

FOR THE ASSOCIATION FOR THE COMPANY

28

LETTER OF UNDERSTANDl1\G

BETWEEN:

AMALGAMATED BEVERAGES EMPLOYEES ASSOCIATION

- and-

COCA-COLA BOTTLING COMPANY (Lethbridge/Medicine Hat)

RE: APPEARANCE STANDARDS

The Panies agree and recognize that the image of the Company in the marketplace is

reflective of the image conveyed by its employees and that the enforcement of general

appearance standards is necessary. In addition to uniforms, the personal appearance of

employees is imponant. Therefore. employees must be clean shaven at all times except a

neatly trimmed moustache and beards are permitted. Neatly trimmed sideburns are

permitted, but must not extend below the earlobe. Hair must be neatly trimmed, well

groomed and in the case of male employees must not extend below Y, inch below the collar

at the neckline. Hairstyles for employees shall not preclude the wearing of a uniform hat.

Earrings are not permissible.

DATED AT LETHBRIDGE, AI.BERTA THIS

FOR THE ASSOCIATION

DAY _____ , 2005.

FOR THE COMPANY

29

Page 16: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

LETTER OF UNDERSTANDING

BETWEEN:

AMALGAMATED BEVERAGES EMPWYEES ASSOCJA TJON

-and-

COCA-COLA BOTTLING COMPANY (LethbridgelMediciDe Hat)

RE: TEN HOUR SHIFTS

The following practices shaH exist regarding a ten (I O) hour shift for the Equipment Service

Department.

I. The decision to change to or from a 4x 10 shift will be determined by management.

2. It is the intent of management to ensure that an employee on a 4x 10 shift recei ves 3

(three) consecutive days off. as per the schedule. However, should circumstances

prohibit the three (3) consecutive days off during the work week the employee will

receive as much advance notice as is possible.

3. Thc employees on a 4xIO shift shall receive at least two consecutive days off during the

workweek.

4. On work sheets where there is a Statutory Holiday the 4x I 0 shift will revert back to a 5x8

shift for that week in order to enSure that the customers' service needs are met.

5. All work in excess ofthe 10 hour shift shall have the option of taking time off in lieu of

being paid overtime or be paid at the rate of time and one half(1.5) of their basic rate of

pay. All overtime paid out shall be paid at the rate of pay al which it was earned.

30

6. For the purposes of sick leave cash out and paid offtor unused sick leave credits. (subject

to the restrictions of Article XVII) employees working a ten (10) hour shift shall have

their sick leave bank exhausted after 48 hours.

7. Employees working a ten (10) hour shift shall only be entitled to a night premium after

6:00 p.m., but not for hours for which overtime is payable.

DATED AT LETHBRIDGE. ALBERTA THIS __ dayof ____ -', 2005.

FOR THE ASSOCJA TJON FOR THE COMPANY

31

'------------------_ .... __ ._-----------

Page 17: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

LETTER OF AGREEMENT LETTER OF AGREEMENT

BETWEEN: BETWEEN:

AMALGAMA TED BEVERAGES EMPLOYEES ASSOCIA nON AMALGAMATED BEVERAGES EMPLOYEES ASSOCIA nON

- and-- and-

COCA-COLA BOTTLING COMPANY (Lethbridge/Medicine Hat) COCA-COLA BOTTLING COMPANY (Lethbridge/Medicine Hat)

Re: Sales Equipment Service Technicians, Sales Equipment Service Trainees

Re: Sales Equipment Service Department and Sales Equipment Service Shop Technicians

It is understood and agreed that employees in the Sales Equipment Service

Department will carry enough inventory and cash to do initial set-ups for vending and

fountain, when such equipment is delivered and installed by them. Employees in the

Sales Equipment Service Department will carry one (I) C02 cylinder for emergency

use and one(l) C02 cylinder for each fountain set-up. When employees in the Sales

Equipment Service Department perform a close-out on equipment they shall also

remove any product or cash still in that equipment."

DATED AT LETHBRIDGE, ALBERTA THIS __ day of _____ , 2005.

FOR THE ASSOCIA nON FOR THE COMPANY

32

Notwithstanding anyofthe provisions ofthe Collective Agreement which may be to

the contrary, it is mutually understood and agreed that the following arrangements

shall apply to the positions of Sales Equipment Service Technicians, Sales

Equipment Service Trainee and Sales Equipment Service Shop Technicians.

(I)

shall:

Candidates for a posted job vacancy as a Sales Equipment Service Trainee

(a) Successfully complete an appropriate aptitude test prior to appointment;

(b) Be prepared to undertake and successfully complete a prescribed course of

Company sponsored training

(c) Hold a valid, appropriate driver's license.

(2) The successful candidate for a posted vacancy in the position of Sales

(3)

Equipment Service Technician will be appointed to that position on the condition

that he/she undertakes such training as the Company may require.

Once appointed to the position of Sales Equipment Service Trainee, an

33

Page 18: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

employee may only be displaced pursuant to the seniority provisions of this

collective agreement, if the person exercising his/her seniority is immediately

qualified to perform the work of a Sales Equipment Service Technician.

(4) Failure to maintain a satisfactory def,'1'ee of progress or failure to successfully

complete the training program shall lead to the demotion of a Sales Equipment

Service Trainee. In such event, the employee shall revert to hislher former position

and, in so doing, may displace the employee who succeeded him/her in that position.

(5) The training program referred to herein currently consistsof various training

sessions organized by (he Company by the Company and/or equipment suppliers and

on-the-job training totaling 2000 hours of practical experience as a Sales Equipment

Service Trdinee.

(6) On successful completion of the training program and a technician written test

(including demonstration of the required knowledge, skills, etc.), a Sales Equipment

Service Trainee shall thereupon be reclassified and paid as a Sales Equipment

Service Technician when a vacancy is declared by the Company. Once reclassified,

an employee may not use the job posting procedure to bid on any other position for a

minimum period of twenty-four months from the date of reclassification.

34

(7) In the event that the Company has no employee who can meet the requirements

for a vacancy as a Sa les Equ i pment Service Technic ian, the Company may hire a new

employee who does possess the necessary qualifications to satisfactorily fulfill the

requirements of the vacant position.

DATED AT LETHBRIDGE, ALBERTA THIS __ day of ___ --', 2005.

FOR THE ASSOCIATION FOR THE COMPANY

35

Page 19: ARTICLE I -PURPOSE COLLECTIVE AGREEMENTfiles.sba.wayne.edu/faculty/jmartin/CBAsWinter11/COCA... · 2013. 7. 19. · COLLECTIVE AGREEMENT BETWEEN: COCA-COLA BOTTLING COMPANY (Lethbridge

BETWEEN:

LETTER OF AGREEMENT

COCA-COLA BOTTLING COMPANY

(Lethbridge & Medicine Hat)

-and-

AMALGAMATED BEVERAGES EMPLOYEES ASSOCIATION

The Company agrees to post no later than May 30, 2005 for the following positions:

Materials Handling- one (I) position

Delivery Driver - one (I) position

DATED AT LETHBRIDGE, ALBERT A THIS day of , 2005.

FOR THE ASSOCIATION FOR THE COMPANY

36

BETWEEN: LETTER OF AGR.:EMENT

COCA-COLA BOTTLING COMPANY

(Lethbridge & Medicine Hat)

-and -

AMALGAMATED BEVERAGES EMPLOYEES ASSOCIATION

During 2005 bargaining the parties discussed the rescheduling of annual vacations. The

Company agrees that it may be too disruptive andlor not feasible tor employees to reschedule

their vacation time. As such, employees are nol required to alter their vacation schedule if

such vacation schedule was previously agreed 10 by the Company.

If an employee agrees to a request by the Company to reschedule hislher vacation, the revised

vacation schedule must be mutually agreed to between the employee and the Company.

DA TED AT LETHBRIDGE, ALBERT A THIS __ day of ,2005.

FOR THE ASSOCIATION FOR THE COMPANY

37