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COLLECTIVE AGREEMENT Between: NORTHRIDGE PLASTICS LIMITED -And- NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND FILE No. -az.r .-..C) CERT. FILE 97£ -/( CERl DATE /5 /f+uG--/'196 MALE EMPS F'MLE EMPS TOTAL EMPS EFF. EXP. !.V\TE CODING CONTROL/J j ltJSDER IDENT CODEDl<( AC {, ,_.._Q_ 9V ( ITS LOCAL 195 OFFICE OF JUN 12 2001 COLLECTIVE BARGAINING INFORMATION \ Received- union Received- employer 0 ·· Received - other __.______,__ . SUB. PROVS COOED bn I uary 1, 2001 to December 31, 2003

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Page 1: COLLECTIVE AGREEMENT - Pages - Home · ARTICLE 2 -SCOPE AND RECOGNITION ... ARTICLE 3-MANAGEMENT RIGHTS ... Any resolution of a harassment complaint must reflect the serious natures

COLLECTIVE AGREEMENT

Between:

NORTHRIDGE PLASTICS LIMITED -And-

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND

FILE No. -az.r .-..C) {tJ~ CERT. FILE Of/11~ 97£ -/( CERl DATE /5 /f+uG--/'196 MALE EMPS

F'MLE EMPS

TOTAL EMPS ~0 EFF. DATEQf.---ffN\./~0} EXP. !.V\TE '3}..-L)...ec~

CODING CONTROL/J j D~~E ltJSDER

IDENT CODEDl<( ~ ~{). AC ~vlg {, ,_.._Q_ 9V (

ITS LOCAL 195 OFFICE OF

JUN 12 2001 COLLECTIVE BARGAINING

INFORMATION \

Received- union Q--~

Received- employer 0 ·· Received - other __.______,__

. SUB. PROVS COOED bn I uary 1, 2001 to December 31, 2003

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ARTICLE 1 - PURPOSE ................................................. 4

ARTICLE 2 -SCOPE AND RECOGNITION ................................... 4

ARTICLE 3- MANAGEMENT RIGHTS ...................................... 4

ARTICLE 4 - NO DISCRIMINATION/HARASSMENT IN THE WORKPlACE ......... 5

Harassment in the Workplace ..................................... 5

ARTICLE 5 - UNION SECURI1Y .......................................... 6

ARTICLE 6 - UNION REPRESENTATION ................................... 7

ARTICLE 7- GRIEVANCE PROCEDURE .................................... 8

Step No. I ...................................................... 9

Step No.2 ...................................................... 9

Step No.3 ...................................................... 9

Arbitration ...... : .............................................. 9

Policy Grievance ............................................... IO

ARTICLE 8- SENIORI1Y ............................................... IO

ARTICLE 9 - LOSS OF SENIORI1Y ....................................... II

ARTICLE 10 -lAY OFF AND RECALL ..................................... I2

ARTICLE 11-JOBPOSTING ........................................... I2

ARTICLE 12- LEAVE OF ABSENCE ...................................... I3

Personal Leaves ................................................ I3

Pregnancy and Parental Leave .................................... I3

Union Leave of Absence ......................................... I4

Incarceration Leave ............................................. I4

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ARTICLE 13- BULLETIN BOARD ........................................ 15

ARTICLE 14- STRIKES OR LOCK-OUTS .................................. 15

ARTICLE 15- BEREAVEMENT LEAVE .................................... 15

ARTICLE 16- PAID HOLIDAYS ......................................... 15

ARTICLE 17- HEALTH AND SAFElY ..................................... 16

ARTICLE 18 - COFFEE BREAKS ......................................... I 7

ARTICLE 19- HOURS OF WORK ........................................ 17

Shift Hours .................................................... 17

Switching Shifts ................................................ 17

Shift Premiums ................................................ 18

ARTICLE 20- JURY DUlY .............................................. 18

ARTICLE 21 -OVERTIME AND CALLS .................................... 18

Overtime Equalization .......................................... 18

Reporting In Pay ............................................... 19

Call Back Pay .................................................. 19

ARTICLE 22- VACATION PAY ........................................... 19 ..

ARTICLE 23- BENEFITS ............................................... 21

ARTICLE 24- GENERAL ............................................... 21

Temporary Transfer ............................................ 21

ARTICLE 25 -WAGES ................................................. 22

Starting Rate .................................................. 22

ARTICLE 26- TERM OF AGREEMENT .................................... 23

ARTICLE 27 - SIGNING BONUS ......................................... 24

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ARTICLE 28- RRSP PlAN .............................................. 25

ARTICLE 29- LOCAL 195 REPRESENTATION FUND ......................... 26

LETTER OF UNDERSTANDING #I ....................................... 27

LETTER OF UNDERSTANDING #2 ....................................... 28

LETTER OF UNDERSTANDING #3 ....................................... 29

..

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ARTICLE 1 • PURPOSE

1.01 The general purpose ofthis Agreement is to set forth the hours of work, rates of pay, and conditions to be observed by the Company and the Union, and also to promote harmonious relations between the Company and its employees and to provide an amicable method of settling differences with respect to its interpretation, application, and administration or alleged violations.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Company recognizes the Union as the sole bargaining agent for all its employees in the province of Ontario, save and except employees in a supervisory position, foremen, time study men, salaried employees incl-uding office and sales staff.

2.02 Foremen, supervisors and other excluded persons will not perform any work normally performed by employees in the bargaining unit, except in the case of emergency, for the purpose of instructing employees, or for experimentation. When the Company is doing a trial run that requires a supervisor to work a bargaining unit member will be present with the supervisor at all times.

2.03 The Union also agrees that foremen and supervisors have certain work to perform in addition to their purely supervisory duties, which work when performed by the foremen or supervisors will not deprive employees of their regular work. Management will not perform Bargaining Unit work on overtime hours while qualified Bargaining Unit employees are available. It is understood that this sub-article 2:03 may not be used when four (4) or more bargaining unit members are on a shift.

2.04 The Company will supply the Union with a list of foremen, salaried supervisors, superintendents, members of the Management Committee, the Company's nominee(s) on the safety committee and any person with authority and will maintain such list ,. current.

2.05 The feminine pronoun shall include the masculine when the context so requires.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union acknowledges that it is the exclusive function of the Company to hire, promote, demote, transfer, assign work, and the right to lay off employees because of lack of work, classify and suspend and also the right of the Company to discipline or discharge any employee, provided that any employee affected may lodge a grievance in the manner and to the extent herein provided.

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3.02 The Union further recognizes the exclusive right of the Company to manage and operate its business in all respects in accordance with its commitments and responsibilities. In addition, the location of the plants, the products to be manufactured, or purchased, and products to be sold, the methods and means of distribution, the schedules of production, the methods, processes and means of manufacturing are solely and exclusively the responsibility of the Company.

3.03 The Company also has the right to make and alter, from time to time, rules and regulations to be observed by the employees, which rules and regulations shall not be inconsistent with the provisions of the Agreement.

3.04 The Company agrees that it shall provide the Chief Steward or Chairperson with a copy of those rules and regulations which are made or altered by the Company from time to time. In addition, the Company will provide the Chairperson with reasonable advance notice on the establishment of new rules or on amendments to current rules.

3:05 Management will not exercise any of the foregoing rights in any way which is inconsistent with the provisions of this collective agreement.

ARTICLE 4- NO DISCRIMINATION/HARASSMENT IN THE WORKPLACE

4:01 The Company and the Union agree that there shall be no discrimination, interference, restriction or coercion exercised or practised with respect to any employee by reason of age, marital status, sex, race, creed, colour, national origin, political or religious affiliation, handicap, sexual orientation, or record of offences all as defined in the Human Rights Code, nor by reason of Union membership or position in the Union.

4:02 Harassment in the Workplace The Union and the Company recognize a problem of sexual and racial harassment could arise in the workplace and will be committed to ending it.

Harassment is not a joke. It is cruel and destructive behaviour against others that can have devastating effects.

It is an expression of perceived power and superiority by the harasser(s) over another person, usually for reasons over which the victim has I ittle or no control: sex, race, age, creed, colour, marital status, sexual preference, disability, political or religious affiliation, or place of national origin.

Harassment on any of these grounds can be made the basis of a complaint to most provincial and federal human rights commissions.

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Harassment can be defined as any unwelcome action by any person, in particular by management or a co-worker, whether verbal or physical, on a single or repeated basis, which humiliates, insults or degrades.

"Unwelcome" or "unwanted" in this context mean any actions which the harasser knows or ought to know are not desired by the victim of the harassment.

Sexual harassment is any unwanted attention of sexual nature such as remarks about appearance or personal I ife, offensive written or visual actions I ike graffiti or degrading pictures, physical contact of any kind, or sexual demands.

Racial harassment is any action, whether verbal or physical that expresses or promotes racial hatred in the workplace such as racial slurs, written or visually offensive actions, jokes or other unwanted comments or acts.

The experience of harassment can be overwhelming for the victim. People often react with shock, humiliation and intense anger. Therefore, the victim of harassment may not always feel comfortable going through the normal channels for resolving such a problem.

Because of the sensitive, personal natures of harassment complaints, especially racial and sexual harassment, the victim may prefer initially to seek other assistance. This could be any local Union elected person or official, including members of the women's committee, human rights committee and affirmative action committee. This person could assist the harassment victim in bringing the incident(s) to the attention of the top local Union leadership.

The local Union president and the unit chairperson must contact the CAW national representative, and if necessary, they will meet with a senior Company representative(s) to carry out an investigation. The issue must be handled with confidentiality, and is to be resolved within 10 working days of notifying the unit chairperson and local Union president. ··

Any resolution of a harassment complaint must reflect the serious natures of such acts and send a clear signal that they will not be tolerated.

ARTICLE 5 • UNION SECURITY

5.01 (a) The Employer and the Union agree that all employees covered by this Agreement shall be members in good standing of Local 195 CAW (hereinafter referred to as the "Union"), and will be required to continue to be members of the Union as a condition of employment with the Company.

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(b) The Company agrees that all new employees shall become members of the Union within thirty (30) calendar days from the start of employment and remain members during the life of this agreement, as a condition of their employment with the Company.

(c) The Company agrees, when authorized in writing by the Union to deduct monthly from the wages of all employees within the bargaining unit, the equivalent of one months dues, initiation fees and other assessments authorized by the Constitution and by-laws of the Union.

(d) By the tenth (1Oth) of the following month, the Company will remit by cheque to the Financial Secretary of Local 195 CAW the total of the deductions made together with a list of those from whom deductions are made. The Company will also supply a list of those members who did not have Union Dues deducted and the reason why no deduction took place.

(e) The Union agrees to indemnify and hold harmless the Company against any and all liability which may arise by reason of the check off by the Company of such deductions from employees' wages in accordance with this agreement.

(f) The Company agrees to include the Union dues paid by the employee on his T4 slips annually which will be distributed by the second Thursday of February.

(g) The monies referred to in this Article are to be held in trust by the Company. These monies cannot be used in any fashion by the Company or its agents or any agents acting on behalf of its creditors. The sole and exclusive role of the Company is todeductthe monies and hold them in trust until such time as they are remitted to the Union in accordance with this Collective Agreement.

ARTICLE 6- UNION REPRESENTATION •'

6.01 The Company acknowledges the right of the Union to appoint, or otherwise select, from the Union plant membership, a Shop Committee. The Company will recognize the Shop Committee for the purpose of representation of employees upon matters arising from this agreement, or other matters connected with their employment.

6:02 The Shop Committee will be comprised of one (1) Committeeperson per shift plus a Chairperson. In order to be recognized, the Union shall notify the Company in writing, the identity of the Shop Committee.

6:05 A National Representative and/or a Local Union official may, at the request of the Union, be present and participate in any meetings of the Shop Committee with the Company.

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6:06 Where the Committeeperson is absent and there would otherwise be no representative for employees on the shift, the Union may appoint an alternate committeeperson from those employees with seniority and from those employees scheduled on such shift.

6:07 The Company agrees to pay the plant chairperson eight (8) hours pay while attending the CAW Local195 plant chairperson's seminar, once per year.

6:08 For purposes of negotiations the Company will recognize the Chairperson and one (1) Committee person as long as the number of bargaining unit employees is thirty (30) or less.

Should the number of bargaining unit employees total between thirty-one (31) and fifty (50), the Company will recognize an additional Committeeperson. Should the number of bargaining unit employees total more than fifty (50), the Company will recognize three (3) Committeepersons plus the Chairperson.

The Company will pay straight time wages for all hours of negotiations up to eight (8) hours per day until a strike or lockout commences. In addition the Company will pay the appropriate number of Committeepersons eight (8) hours straight time pay for bargaining proposal preparation.

6:09 The Company agrees to provide pocket size agreements to all employees, and twenty (20) copies to the National Union within three (3) months after ratification.

6:10 The Company will allow an employee to meet with his Committeeperson to discuss his grievance for a reasonable period of time, without loss of wages, subject to production requirements. However, such permission will not be unreasonably withheld and the employee must obtain the permission of the supervisor before leaving his work station and shall report to his supervisor on return.

6:1l Every attempt will be made to schedule meetings between the Company and the Union Committee when Committeemembers are one shift. Should the need arise for• Committeepersons to attend meetings ie) 3rd step grievance meetings during their off shift hours, the Company will pay straight time hourly wage for time spent at such meeting up to a maximum of four (4) hours per meeting.

6:12 The Company will provide the use of an office to the Shop Committee when required, and further provide a locking filing cabinet.

ARTICLE 7- GRIEVANCE PROCEDURE

7.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation of this Agreement as quickly as possible.

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Grievances properly arising under this Agreement will be settled as follows:

7.02 Step No. I An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement may, through the Union, refer such matter in writing to his foreman with five (5) working days from when the cause of the grievance became known or should have become known to the employees or the union. The plant manager will deal with the grievance and will render a decision on the grievance in writing to the employee concerned within five (5) working days following the presentation of the grievance.

7.03 Step No. 2 If the decision of the foreman is not satisfactory to the employee concerned and/or the Union, the grievance may thereupon be appealed in writing to management within five (5) working days for a decision, which decision shall be given in writing within five (5) working days thereafter.

7.04 Step No. 3 If the decision of management is not satisfactory to the employee concerned and/or the Union, the Chairperson of the Union committee, within five (5) working days, may request a meeting of the committee with management for a reconsideration of the matter, and a decision will be given at this meeting or within five (5) working days of the meeting.

7.05 Arbitration If the decision of the management is not accepted and the issue is to be submitted to arbitration, written notice of appeal shall be served on the Company within (20) days from the date of receiving the reply of the management under Section 7.04. The appeal shall be to an arbitrator to be selected by the parties herein should the parties fail to agree on an arbitrator within ten (10) working days after the receipt by management of the notice of appeal then either party may within a further then (1 0) working days request the Ministry of Labour to designate an arbitrator. The decision·· of the arbitrator shall be final and binding upon the Company, the Union and every employee within the bargaining unit affected by this Agreement.

7.06 The arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions in I ieu thereof or to give any decision not consistent with the terms and provisions of this Agreement or to deal with any matter not covered by this Agreement. However the arbitrator shall have the power to modify or set aside any penalty imposed by the Company relating to the grievance then before him.

7.07 Each party shall bear the expenses of its own representatives at the arbitration hearing, and the cost ofthe arbitrator shall be borne equally by the Company and by the Union.

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7.08 The following special procedure shall be applicable to a grievance alleging improper discharge of an employee.

The discharged employee and/or the Union may present the grievance in writing either direct or through the Chairperson of the Union committee, to the General Manager within five (5) working days of the discharge and management will review the grievance with the Union committee and render a written decision within five working days after such review. If the decision be not satisfactory to the employee, the matter may then proceed on the giving of the prescribed notice of appeal as an appeal to an impartial arbitrator selected as herein provided under Section 7.05.

7.09 No grievance shall be considered which is not filed or appealed within the times herein respectively prescribed for filing and appealing.

7.10 The termination of a probationary employee for unsuitabi I ity shall be considered as just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary discriminatory or in bad faith.

7.11 Any complaint or grievance which is not commenced or processed through the next stage of the grievance or arbitration procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the grievance procedure may be extended by mutual agreement in writing between the Company and the Union.

7.12 Policy Grievance Any allegations by either the Union or the Company that the other party has violated or misinterpreted this Agreement may be lodged in writing as a policy grievance within thirty (30) calendar days of the time of the Union or the Company becoming aware or should have become aware of the matter, if by the Union to Management and if by the Company to the Chairperson of the Committee. Thereafter the policy grievance shall be dealt with at Step 2 of the Grievance Procedure, and failing satisfactory settlement at the conference, the policy grievance may then be appealed to an arbitrator in·· accordance with the time limits and procedures herein provided for arbitration.

ARTICLE 8 • SENIORITY

8.01 Employees shall be regarded as probationary employees for the first sixty (60) days worked within a twelve (12) month consecutive period and shall have no seniority rights during this period.

Such employees will achieve seniority upon the completion of the sixty (60) days worked within the said period of twelve (12) months consecutive and upon completion of said probationary period will have his/her seniority date back to their date of hire. Part days worked due to Company decisions will count as a full day towards seniority.

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During the probationary period an employee shall be considered as being employed on a trial basis, for which the Union and the Company recognize the existence of a lesser standard for discharge, or discipline.

8:02 Where two or more employees have the same seniority date they shall be listed on the seniority list in alphabetical order.

8:03 A seniority list of employees shall be maintained and updated each six (6) calendar months by the Company on a plant-wide basis and shall show the seniority of each employee. The seniority list will show only date of hire, name and classification.

ARTICLE 9 - LOSS OF SENIORITY

9.01 Seniority once established for an employee shall cease and be forfeited and the employee's employment shall be deemed to be terminated for any one of the following reasons:

(a) If an employee quits.

(b) If an employee is discharged for any cause and not reinstated through the grievance procedure.

(c) If an employee is absent for three (3) consecutive working days without notifying the Company unless he/she provides a satisfactory reason for failing to notify the Company.

(d) If an employee fails to return to work within three (3) consecutive scheduled working days after receipt of a notice of recall issued by the Company and sent registered mail to the last known address of the employee shown in the Company's records or six (6) scheduled working days from the day the Company mailed the registered letter, whichever is later. ··

(e) If an employee with less than thirty-six (36) months seniority is laid off work for a period in excess of one (1) year or if an employee with thirty-six (36) months seniority is laid off work for a period in excess of thirty-six (36) months, or for a period in excess of their seniority whichever is greater.

(f) If an employee fails to report to work upon the expiration of any leave of absence, without reasonable excuse.

(g) If an employee transfers to a position outside of the bargaining unit.

(h) Upon attaining the age of sixty-five (65) years old.

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ARTICLE 10- LAY OFF AND RECALL

IO.OI When there is a reduction in the workforce, the following procedure shall be used, provided there remains sufficient qualified employees to perform required work:

(a) Probationary employees shall be laid off first.

(b) Thereafter, employees shall be laid off in inverse order of seniority provided senior employees have the ability to satisfactorily perform the work required.

(c) Employees to be laid off shall receive appropriate notice as required by the Employment Standards Act of Ontario but no less than five (5) working days notice.

(d) Employees retained at work must be able to satisfactorily perform the work available and will be allowed a five (5) working day familiarization and introduction period. Supervisors will provide instruction.

(e) The Chairperson of the Shop Committee will be retained at work notwithstanding their position on the seniority list so long as work is available which they are able to satisfactorily perform.

I0.02 When there is a increase in the work force after a lay-off, the reverse of the lay-off procedure will be followed, provided they (employees with higher seniority being recalled) have the ability to perform the work required within a five (5) day familiarization and instruction period.

ARTICLE 11 -JOB POSTING

I I.OI The term "Job" is defined by classification and shift.

I 1.02 In the event of new jobs, promotions, transfers longer than one week, or permanent vacancies occurring within the bargaining unit which the Company wishes to fill, the Company will post notices of such new jobs or vacancies on the bulletin board for a period offive (5) working days. Such vacancies shall be filled as follows:

(a) The Employer, in fi IIi ng such new job or vacancy (with the exception of set-up) shall give preference to the employee having the greatest seniority, provided the employee is willing and able to perform the job. The successful candidate for a job posting will be given a ten (1 0) working day training period. If, during this ten (1 0) working day period, the Company determines that the employee is not capable of performing the work adequately, (subject to the grievance and arbitration procedure) or if the employee decides he does not want the job, he will beoreturned to his previous classification without loss of seniority.

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I 1.03

I 1.04

{b) With respect to the "set-up" position, when vacancies occur the job will be awarded in accordance with the job posting procedures herein, taking into consideration competence skill and ability. There shall be a one (1) year training period for the set-up position.

(c) If the Company adds a new job or classification, the rate of pay and classification will be negotiated by the Union and the Company and if an agreement is not reached between the parties it will be the subject matter for grievance and arbitration procedure.

(d) If no employee applicant has the required competence, skill and ability, the Company may fill such vacancy from such sources at its disposal.

All jobs which the Company wishes to fill (occupied or vacant) (with the exception of set-up) will be posted once a year, and filled in keeping with Section 11.02 of this Agreement. This process will be completed prior to the end of each calender year, with resulting job movements taking effect on the first working day of the New Year.

The above sections related to job Postings are superseded by the following:

The Company reserves the right to train new employees on the day shift for a period not to exceed three (3) weeks.

The above condition may result in the assignment of day shift employees, in reverse order of seniority, to the afternoon or midnight shifts for up to the three (3) week maximum referred to above.

ARTICLE 12- LEAVE OF ABSENCE

12.01 Personal Leaves

12.02

12.03

12.04

The employer, may, at its discretion, grant a leave of absence without pay to any· employee for legitimate reasons providing it will not conflict with the efficient operation of the plant.

In no case shall a leave of absence be given to employees for the purpose of working for another employer.

All applications for leaves of absence shall be made in writing and submitted to the employer at least two (2) weeks prior to the commencement of the leave so requested, except in the case of emergency.

Pregnancy and Parental Leave An employee wi II be granted a pregnancy and parental leave pursuant to the provisions of the Employment Standards Act for up to one (1) year in total.

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12:05

12:06

12.07

12.08

An employee will be granted an adoption leave on the same terms and conditions as a pregnancy/parental leave, notwithstanding the provisions of the Employment Standards Act. Seniority, benefits and pension service will continue to accumulate during such leave.

Union Leave of Absence Upon written request of the Company by the Union, the Company will grant a leave of absence without pay and without loss of seniority to an employee acting as a representative of the Union in connection with other Union activities. Such request shall be given to the Company within a reasonable time period to the commencement of said leave.

Any member of the bargaining unit that is granted a union leave of absence without payment from the Company will be credited with the lost hours. Under said leaves the Company will pay the lost wages and submit a bill to CAW Local 195 for reimbursement.

Incarceration Leave (a) The Company will grant a leave of absence to any seniority employee who is

convicted under the provisions of the Highway Traffic Act (Ontario) with respect relating to offenses arising out of the operation of a motor vehicle (the same to include drive a motor vehicle while intoxicated) if the employee is sentenced to a term of imprisonment of not more than one hundred and eighty (180) days. Such leave of absence shall be unpaid. An employee may only receive a leave of absence pursuant to this Article once during their employment with the Company.

(b) The Company will grant a leave of absence to any seniority employee who is convicted of a summary conviction criminal offense if the employee is sentenced to a term of imprisonment or not more than sixty (60) days. This clause does not apply to an offense arising out of the operation of a motor vehicle or an offense involving the Company or its employees. An employee·· may only receive a leave of absence pursuant to this Article once during their employment with the Company.

Employees absent on any leave of absence under this Article 12, shall continue to accumulate seniority during such absence.

When an employee returns from leave of absence, he/she wi II return to their scheduled position, unless the position has been abolished.

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ARTICLE 13 - BULLETIN BOARD

13.01 The Company will supply a bulletin board for the exclusive use of the Union.

ARTICLE 14- STRIKES OR LOCK-OUTS

14.01 There shall be no strikes or lockouts during the life of this agreement. Strikes and/or Lockouts will be defined as per the Ontario Labour Relations Act.

ARTICLE 15- BEREAVEMENT LEAVE

!5.0! The Company shall pay an employee five (5) day's PC:lY ai the empioyee!s straight time hourly rate for all regular time lost in the event of the death of the employee's wife, husband, common law spouse, child, step-child, and grandchild.

The Company shall pay an employee three (3} day's pay atthe employee's straight time hourly rate for all regular time lost in the event of the death of the employee's father, mother, brother, sister, mother-in-law, father-in-law, grandparent, son-in-law, daughter­in-law, brother-in-law, or sister-in-law, current step parent, grandparent of current spouse.

The Company shall pay an employee one (1} day's pay at the employee's straight time hourly rate for all regular time lost in the event of the death of the employee's niece, nephew, aunt, uncle, and spouses aunt and uncle.

In order to qualify, the employee:

(a) must have completed his or her probationary period, and

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

15:02 In the event of a death occurring during an approved vacation, the employee will have the right to extend or re-schedule the vacation days that were used for bereavement.

15.03 Employees shall not be paid pursuant to this Article for Saturdays, Sundays, paid holidays, while on leave of absence or for any other period during which they would not have worked.

ARTICLE 16- PAID HOLIDAYS

16.01 The following shall be recognized as holidays to be paid for on the basis of eight (8) hours at the straight time hourly rate specified in this Agreement:

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New Year's Eve New Year's Day Good Friday Victoria Day Dominion Day Labour Day Thanksgiving Day Christmas Eve Christmas Day Civic Holiday Boxing Day Employee's Birthday

Two (2) floaters per year. Floaters may be scheduled with one (1) weeks notice, provided no more than two (2) employees on any given day will be off on a floater.

16.02 An employee will be paid for a holiday provided he/she:

16.03

16.04

16.05

(a) completed his/her regular scheduled shift immediately preceding and succeeding the holidays, unless he/she is excused by the Company;

(b) is on layoff, leave of absence, sickness or accident and provided such absence commencing not more than sixteen (16) calendar days prior to the date of observance of the holiday, or in the case of December to January holidays sixteen (16) calendar days prior to the first paid holiday.

(c) has completed the probationary period specified in this Agreement.

If any of the above holidays fall or are observed during an employee's vacation, he/she will be entitled to an extra day's pay at his/her straight time hourly rate. This shall be in lieu of time off for such holiday unless absence from work is arranged with the Company. ..

The Company, in agreement with the Union, may substitute another day for the holiday within the week immediately prior to or immediately following the holiday.

If an employee is required to work on a paid holiday, he/she shall be paid at the rate of double time his/her regular rate of pay for all hours worked and in addition shall receive his/her holiday pay in accordance with the provisions of this Agreement.

ARTICLE 17- HEALTH AND SAFETY

17.01 The Company and the employees agree to co-operate in maintaining the highest

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standards of safety, health, sanitation and working conditions in the plant and to adhere to the terms of the Occupational Health and Safety Act.

17.02 The Company will provide safety glasses to all of its employee wherever needed on a yearly basis. Replacement is on a turn-in basis. The Company wi II cover one hundred percent (1 00%) of the cost of prescription safety lenses and one hundred percent (1 00%) of the cost for a basic frame any costs above the basic frame costs wi II be at the expense of the employee Replacement costs will only apply in the event the employee's prescription changes or the glasses are damaged beyond repair as a result of work.

17.03 The Company will make reasonable effort to have at leasttwo (2) persons on each shift trained in first aid. The absence of such individual is not cause for cancellation of a shift.

ARTICLE 18 - COFFEE BREAKS

18.01 All employees will be permitted to take a coffee break of ten (1 0) minutes during the first part of their shift and also during the second part of their shift.

ARTICLE 19- HOURS OF WORK

19.01 The regular work week for an employee shall be five (5) eight {8) hour days, Monday to Friday, although this shall not be construed as a guarantee of daily or weekly hours.

19.02 Shift Hours The hours of work for each shift will be as follows:

Days Afternoons Nights

7:00 a.m. to 3:00 p.m. 3:00 p.m. to 11:00 p.m.

11:00 p.m. to 7:00 a.m.

Forty (40) hours work week, eight (8) hours a day.

Employees will be allowed a regular meal period paid twenty (20) minutes.

19.03 Switching Shifts Employees wi II be able to switch shifts with other employees in the same classification provided one weeks notice is given and provided that the switch is arranged by a committeeperson so that senior employees in the same classification on the other shift would get first opportunity to trade. If no employee is willing to switch then the employee wishing to trade must work their regular shift.

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19:04

19.05

Shift Premiums There will be a shift premium of twenty-five cents (25¢) for all hours worked on the afternoons shift and thirty-five cents (35¢) for all hours worked on the midnight shift.

Employees are allowed to mutually trade shifts with Management consent.

ARTICLE 20 ·JURY DUTY

20.01

20.02

Any seniority employee who is called to and reports for jury duty, or is subpoenaed as a Crown witness in a criminal proceeding, or is subpoenaed as a witness in a civil trial, shall be paid the difference between his/her regular hourly rate for each day lost, if the employee would otherwise have been scheduled to work for the Company on such day.

In order to receive payment an employee must give to the Company prior notice that he has been summoned for jury duty immediately upon receipt of such notice, and must furnish satisfactory evidence that he/she reported for jury duty on the days for which payment is claimed.

ARTICLE 21 - OVERTIME AND CALLS

21.01

21.02

21.03

21.04

21:05

All work performed in excess of eight (B) hours per day will be paid at the rate oftime and one half (1.5).

All work performed on Sunday will be paid at the rate of double time (2). Saturday will be paid at time and one half (1.5).

All work performed on a Statutory Holiday will be paid at the rate of double time (2X) plus eight (8) hours holiday pay.

All overtime work will be voluntary.

Overtime Equalization The following procedure will be followed when production overtime is scheduled for Saturday, and/or Sunday:

I. Regardless of classification, all seniority employees will be listed in two groups of equal size, on the basis of seniority. Where there is an uneven number, the low seniority group will be larger by one.

2. Overtime will be offered from the top of each list so that each shift has an equal number from each group, with preference given to the high seniority group if an uneven number is required.

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21:06

21:07

3. While maintaining the relative order of each list, when an employee works or refuses an overtime shift, the employee's name will be placed at the bottom of the list.

4. Employees cannot work back-to-back shifts, and are limited to one overtime shift per weekend.

5. Rate of pay will be according to work performed, not by classification of the individual performing the work.

The Union and Management each reserve the right to cancel this agreement upon fifteen (15) days following written notice from either party of the intention to do so.

Reporting In Pay In the event that an employee reports for work on his regular shift without having been previously notified not to report, the employee will be given at least four (4) hours work or, if no work is available, he will be paid the equivalent of four (4) hours at his regular rate of pay.

Call Back Pay Any employee who has completed his shift and left the Company premises and is then called back to work on overtime shall receive a minimum of four (4) hours pay at the appropriate overtime rates for such additional work.

ARTICLE 22- VACATION PAY

22:01

22:02

22:03

22:04

Employees with less than one year's seniority on june 30th in each year shall receive vacation pay of four percent (4%) of the employee's gross annual earnings.

Employees with more than one year's seniority on june 30th of each year shall receive two (2) weeks vacation, with pay, calculated at four percent (4%) of the employee's·· gross annual earnings for the preceding year, or eighty (80) hours of pay, whichever is the greater.

Employees with five (5) years or more seniority on june 30th of each year shall receive three (3) weeks vacation with pay calculated at six percent (6%) of the employee's gross annual earnings for the preceding year, or one hundred and twenty (120) hours of pay, whichever is the greater.

Employees with ten (10) years seniority on june 30th in each year shall receive four (4) weeks vacation with pay calculated at eight percent (8%) of the employee's gross annual earnings for the preceding year, or one hundred and sixty (160) hours of pay, whichever is the greater.

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22:05

22:06

22:07

22:08

22:09

Employees with twenty (20) years seniority on june 30'h in each year shall receive five (5) weeks vacation with pay calculated at ten percent (1 0%) of the employee's gross annual earnings for the preceding year or two hundred (200) hours of pay whichever is the greater.

Provided; however, that an employee who has performed less than twelve hundred (1200) hours of work for the Company during the twelve (12) month period ending on june 30'h in each year shall be entitled only to the percentage of his gross earnings as set out above.

Vacation pay will be computed up to and including the last full work week of june in each calendar year.

If an employee takes vacation prior to the issuance of vacation pay, the employee sha!! be paid a regular forty (40) hours pay for each week of vacation schedule provided they have worked enough hours to qualify. An employee must request in writing at least two (2) weeks in advance in order to receive vacation pay prior to his\her last scheduled work day. Any balance owing will be paid as indicated above.

It will be mandatory for all employees to take theirfull vacation entitlement each year.

ARTICLE 23 - BENEFITS

23.01

23.02

The current benefits in place are those outlined in "Great West Life- select Pac for Northridge Plastics Ltd." [Date issued july 1, 2000 and as amended by this round of bargaining. Vision improved to $200.00].

The Company agrees to provide full benefit coverage for any employee who retires with twenty-five (25) years of service with the Company; regardless of age, for a five (5) year period following retirement.

The Company agrees to pay for seniority employees the premiums of Company benefits subject to the terms of the current Carrier. The Company will maintain benefits coverage equivalent to those currently in place, for the life of this Agreement. The Company will not change the current benefits in place without agreement from the Union.

The Company will discontinue payment of benefit premiums for an employee who:

(a) loses seniority under Article 9 of this Agreement,

(b) commences a leave of absence to be in excess of one month, other than pregnancy or parental,

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23.03

(c) has been laid off or is absent from work as a result of accident or illness for a period twelve months, or

(d) becomes eligible for benefits coverage under another employer.

A seniority employee who has been laid off, or is absent from work as a result of accident or illness, for a period of twelve (12) months, will be given the option of continuing benefits coverage through self-payment of benefit premiums, until such time as seniority is lost under Article 9 of this Agreement.

ARTICLE 24 - GENERAL

24.01

24.02

24.03

24.04

The Company will supply aprons, shopcoats or coveralls to employees upon request. One (1) per year per employee, up to four (4) per yeador maintenance. Employees are expected to maintain.

The employees normal pay day will be weekly paid on Thursdays. If a holiday falls on Friday, payday will be on Wednesday.

Temporary Transfer When it becomes necessary to temporarily transfer an employee to a job other than his/her regular job, the employee shall be paid his/her regular rate of pay, or the rate of the job to which he/she is transferred, whichever is greater.

Bargaining unit employees will not be laid off as a result of contracting out, or performance by Management, of work normally and traditionally performed by the bargaining unit.

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ARTICLE 25 -WAGES

25.01 Wage rates for hourly rated employees.

CLASSIFICATION 01/01/01 01!01/02 01/01/03 (.80¢) (.75¢) (.75¢)

Set-Up $16.00 $16.75 $17.50 Quality Control $12.65 $13.40 $14.15 Lead Hand $12.30 $13.05 $13.80 General A..;~;pmhlv ------------ --J $!2.30 <1!1 ~ "~ llji~U•U&.I

do~l:'l on ijtl.-J.OU

General Production $12.30 $13.05 $13.80 Machine Operator $12.30 $13.05 $13.80

Starting Rate Eighty percent (80%) of the classification rate of the job which they are performing until completion of the probationary period at which time they will receive ninety percent (90%) of the classification rate of the job they are performing until they have completed a further ninety (90) working days at which time they will receive full rate.

In the case of set-up trainee the ninety percent (90%) rate will apply until the end of the one (1) year training period.

Students or Part-time - Minimum Wages.

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ARTICLE 26 -TERM OF AGREEMENT

26.01 This Agreement effective January 1, 2001and shall remain in full force and effect to December 31, 2003 and thereafter, it shall automatically be renewed from year to year unless in any year either party gives notice in writing to the other party of its desire to revise or amend, not earlier than sixty (60) days before the expiry date of the Agreement.

Dated a4~ This ... Z.~ay of -~~ .. ..-. ............ , 20oj.J4<.. ,

FOR TH&_CO~ A /J (;____;f_ J.jv [_-....................................................

....................................................

....................................................

....................................................

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ARTICLE 27 -SIGNING BONUS

The Company agrees to provide for a one hundred dollar ($100.00) signing bonus (taxable) within two (2) weeks of ratification to all employees. It will be paid by separate cheque.

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ARTICLE 28- RRSP PLAN

The Company agrees to contribute fifteen cents (15¢) per hour for all compensated hours into an RRSP Plan for an employee who has at least two (2) years of service with the Company under the condition thatthe employee also contributes a minimum offifteen cents (15¢) per hour into said plan .

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ARTICLE 29 -LOCAL195 REPRESENTATION FUND

The Company will pay monthly into a special fund two cents (2¢) per hour per employee for all compensated hours to the Local Union for the purpose of representation in areas of W.C.B., U.l., C.P.P., disability and health and welfare benefits.

In addition, this fund will be used to maintain the Local's fitness centre for its members and their families, a scholarship fund, a community services (donations) fund, and substance abuse fund.

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LETTER OF UNDERSTANDING #1

The Company agrees that within one (1) year of the ratification of this agreement they will provide for a new union office equipped with a desk, chairs, filing cabinet and telephone.

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LETIER OF UNDERSTANDING #2

The Company agrees that the afternoon shift will be able to work eight and a half (811,) hours a day Monday to Thursday and a six (6) hour shift on Friday when gj.l of the employees on the afternoon shift are in agreement. ))>2-AII holidays will be paid based on eight (8) hour floaters taken Monday to Thursday will be paid based on eight (¥s. ~ fpl{. Floaters taken<Pn Friday will be paid based on six (6) hours.

f,#t. In weeks with a holiday an additional Y, hour will be worked to cover the holiday.

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LETTER OF UNDERSTANDING #3

During the 2000 negotiations the parties have reached agreement that supervision will only change molds in cases of emergency.

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