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FILE No. JUN ·1 B 2007 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 493 and Northern Cables Inc. DURATION: January 1, 2007- December 31, 2011 a a3') · Sector 14 4-493-533-20111231-14

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Page 1: Collective JUN ·1 B 2007 Agreement between Ontario Public ... · 6.03 The Employer agrees to deduct the regular weekly union dues and forward such deductions by the 15th day of the

FILE No.

JUN ·1 B 2007 Collective

Agreement

between

Ontario Public Service Employees Union on behalf of its Local 493

and

Northern Cables Inc.

DURATION: January 1, 2007- December 31, 2011

a a3') ·

Sector 14 4-493-533-20111231-14

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(

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INDEX ARTICLE PAGE

1 1

2

3

4

5

6

7

8

9

Purpose

Recognition .......................................................................................................... .

No Discrimination ................................................................................................ .

Management Rights ............................................................................................. .

No Strike or Lockout ............................................................................. , ............. ..

Union Security ..................................................................................................... ..

Union Representation .......................................................................................... ..

Bargaining Committee ......................................................................................... .

Grievance Procedure ........................................................................................... .

1

2

2

3

3

4

6

6

9.05 Group Grievance ............................................................................................ 8

9.06 Union Policy or Employer Grievance ........................................................... 8

10 Discipline/Discharge . . . . ... . . . . . . . . . . . . . . . . ... . . .. . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . .. . . . 9

11 Arbitration ........ ......... ........ ... .......................................................... ................ ........ 11

12 Job Vacancies ........................................................................................................ 12

13 Layoff and Recall .................................................................................................. 15

14 Leaves of Absence ............................... ... ............ ....... .......................... ......... .... ... . 16

15 Bulletin Board .. .. .. . .... .. .. . .. .. .. .. .. .. .. .. .... .. .. .. .. ..... .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .... . .. . .. .. .. .. .. .. .. 17

16 Health & Safety .......... ............................ ................................... .................. .... ...... 17

17 Designated Holidays ................... ............... .... ....................................................... 17

18 Vacations ............................................................................................................... 17

19 Wages .................................................................................................................. 18

19 Temporary Transfers............................................................................................. 18

20 Hours of Work & Overtime ................................................................................... 18

20 Call-In................................................................................................................... 19

20 Meal Breaks ............................. ............................... ........ ................ ................... ... 19

21 General .................................................................................................................. 19

22 Benefits ........................................ ~......................................................................... 19

23 Bereavement Leave .. ... ........ ..... ............. .............. ... . ............. ................. ................ 20

24 Duration ...................... ... ......... ........... ..... .. .... .. ................... ... . . . . ......... .... . . . .... . . ... ... 20

i

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11 ( Schedule A Wages........................................................................................................... 22

Shift Premiums .......... .... ..... ... ............... ... ..... .. ....... ...... ... ........... .......... ........ .............. 23

Appendix B Safety Equipment ............ .......... ............................... ... .............................. 24

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1

Article 1 - Purpose

1.01 The general purpose of this Agreement is to establish and maintain collective

bargaining relations between the Employer and the Union and the employees

covered by this Agreement and to provide a process for the prompt disposition of

grievances. The Union recognizes that the business in which the Employer is

engaged is highly competitive and that the Employer must be able to maintain an

efficient operation and continually improve its productivity in a strong, competitive

market.

Article 2 - Recognition

2.01 The Employer recognizes the Union as the exclusive bargaining agent for all

employees of Northern Cables Inc. in the City of Brockville and the Town of

Prescott, save and except co-ordinators and persons above the rank of co­

ordinator, and office staff.

2.02 It is understood that the term 'office staff includes clerical, sales and quality

assurance. The word Employee or Employees wherever used in this Agreement

shall mean any or all of the employees employed in the bargaining unit as defined

above, except where otherwise provided.

2.03 Persons not in the bargaining unit may perform any work assigned to them whether

performed by bargaining unit members or otherwise except no work will be

performed where it would result in a layoff. Without limiting the foregoing, it is

expressly agreed that managerial and supervisory personnel will continue to

perform bargaining unit work as per the present practice and involving emergency

situations or for the purpose of instruction; or to provide employee relief.

2.04 A Temporary employee shall mean an employee who is not an employee of

Northern Cables Inc. who is engaged to perform work of a temporary nature. A

temporary employee is not a member of the bargaining unit and is not covered by

this Agreement.

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Article 3 • Discrimination

3.01 The Employer and the Union agree that there shall be no discrimination against a{

employee, by either the Employer or the Union, because of any grounds prohibited

by the Ontario Human Rights Code and the Ontario Labour Relations Act, 1995.

Article 4 • Management Rights

4.01 Except as and to the extent specifically modified by this Agreement, all rights and

prerogatives of Management not otherwise dealt with elsewhere in this Agreement

are retained solely by the Employer and remain exclusively and without limitation

within· the rights of the Employer and its Management and may be exercised by

Management as it, in its discretion, sees fit.

Without limiting the generality of the foregoing, the Employer's rights shall include

the right to:

a) maintain order, discipline and efficiency;

( b) select and hire the working force and employees; to transfer, assign,

promote, demote, schedule and classify employees, lay off, recall and to

retire employees; to discipline and discharge employees for just cause in

accordance with this Agreement; to plan, direct and control its operations; to

transfer employees into or out of the bargaining unit; to operate and manage

the enterprise in all respects in order to remain competitive;

c) determine the location and extent of its operations and their commencement,

expansion, curtailment or discontinuance; the direction ofthe working forces;

the work to be done; the standards of performance; whether to perform or

contract for goods and services; whether to subcontract services required;

the schedules of work; the methods, processes and means of performing

work; the control of the materials to be used in the performance of the work;

job content and requirements; the qualifications of employees; the use [­

improved or changed methods and equipment; the number of employee::.

needed by the Employer at any time and how many shall work in any job;

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determine the descriptions of the jobs, the hours of work, the work

assignments, the methods of doing the work, and the standards of

performance for all employees; the number of hours to be worked; starting

and quitting times; methods to be used to ensure security of the Employer's

property, and generally, the right to manage the enterprise and its business

without interference are solely and exclusively the right of the Employer.

d) establish, enforce and alter from time to time, rules and regulations, policies,

practices and procedures to be observed by all employees. Recognising that

the rules and regulations will change from time to time, given the needs of

the business, the Employer will appraise the Union of any such changes.

Article 5 - No Strikes or Lockouts

5.01 The Union undertakes and agrees that while this Agreement is in operation, neither

the Union nor any employees shall take part in, or call or encourage any strike,

picketing, sit-down, slow-down or any suspension of or stoppage of or interference

with work or productions which shall in any way affect the operations of the

Employer. In the eventthat any employee engages in any such misconduct during

the life of this Agreement, the Union agrees that it will make every effort to stop

such activity and persuade employees involved to return to work.

5.02 The Employer agrees that it will not engage in any lockout during the term of

operation of this Agreement.

5.03 Any employee who participates in any of the conduct described in Article 5.01 may

be subject to discipline up to and including discharge.

5.04 The word strike and the word lockout shall be defined in accordance with the

definitions set out in the Ontario Labour Relations Act, 1995.

Article 6 - Union Security

6.01 The Union and the employees will not engage in Union activities during working

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hours or hold meetings at any time on the premises of the Employer without prior

approval from the employer. (

6.02 The Employer agrees, as required by the Ontario Labour Relations Act, 1995 to

deduct from the wages of each employee in the bargaining unit such union dues as

prescribed by the Constitution of the Union.

6.03 The Employer agrees to deduct the regular weekly union dues and forward such

deductions by the 15th day of the following month payable to the Union.

6.04 The monthly remittance shall be accompanied by a statement showing the name of

each employee from whose pay deductions have been made and the total amount

deducted for the month. Such statements shall also list the names of employees

from who no deductions have been made and the reasons why.

6.05 The Union agrees to indemnify and save the Employer harmless against any and~

claims or other forms of liability that may arise out of, or by reason of, deductions

made or payments made in accordance with this Article.

6.06 The Employer agrees to provide the Union with an annual list of total dues

deductions paid by each employee prior to February 28th each year for the previous

calendar year. This amount shall be included on the employee's T4 slip.

6.07 The Union shall advise the Employer in writing as to the amount of Union dues to be

deducted. The Union will notify the Employer as early as possible, however, no

later than two (2) months in advance of any change in the dues deduction required

and the date the change is to be effective.

Article 7 - Union Representation

7.01 The Employer acknowledges the right of the Union to elect a Local Executivr

consisting of a President, Vice-President, Chief Steward and Secretary/Treasur1.

and up to two (2) stewards at large from amongst the employees in the bargaining

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unit. The Chief Steward or one other of these elected representatives may be

requested by an employee to be his/her representative.

7.02 The steward's first obligation is to the performance of his/her regular duties and

he/she shall not leave his/her regular duties without first obtaining permission of

his/her immediate supervisor or his/her designate and shall advise the supervisor of

the nature of his/her business and the approximate duration and report back to such

supervisor at the time of his/her return to work.

The steward shall not leave his/her department to find the supervisor if he/she is not

there, but shall await the return of a supervisor or designate.

7.03 In order for an employee to be eligible to be a steward, the employee must have

completed the probationary period.

7.04 The Union shall notify the Employer, in writing; of the name ofthe stewards and any

of the subsequent changes in the name of the stewards. A steward shall not be

recognised until such time as the Employer has been notified in writing of their

appointment by the Union.

7.05 The ability of a steward to leave their work without loss of regular pay to attend to

Union business is only granted on the following conditions:

a) A steward will be allowed to leave his duties for a reasonable length of time

to investigate and settle a grievance without loss of time or pay provided he

obtains prior authorization from his supervision.

b) · The time shall be devoted to the prompt handling of necessary Union

business;

c) The steward concerned shall obtain the permission of his supervisor before

leaving his/her work; and

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d) The Employer reserves the right to limit such time if it deems the time taken

to be excessive. (

Article 8 - Bargaining Committee

8.01 The Employer agrees to recognise a Bargaining Committee of not more than three

(3) employees from the bargaining unit. The Bargaining Committee shall have the

right of meeting periodically the appointed representative or representatives of the

company at a predetermined date and time.

8.02 The Bargaining Committee will deal only with matters relating to the renewal or

modification of the Collective Agreement.

8.03 The Bargaining Committee members (3) shall receive straight time pay for all hours

meeting with Company representatives in direct collective bargaining negotiations

meetings for a new collective agreement.

( Article 9 - Grievance Procedure

9.01 The Employer and the Union agree that this Grievance Procedure shall be properly

followed within the time limits provided.

Whenever the term Grievance Procedure is used in this Agreement it shall be

considered as including the arbitration procedure.

9.02 Grievance shall mean a complaint or claim concerning the discipline or the

discharge of an employee, or a dispute with reference to the interpretation,

application, administration or alleged violation of this Agreement.

9.03 No employee shall have a grievance until he/she has discussed his/her complaint

with his/her supervisor. The Employer shall be under no obligation to consider or

process any grievance unless such complaint has been discussed with the'

Supervisor within three (3) days from the time the circumstances upon which t~ complaint is based were known or should have been known by the employee. The

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Supervisor shall respond within three (3) days. However, if the Employer does

consider or process a grievance which has been presented late, the Employer shall

not be estopped or precluded at any stage from taking the position that the

grievance is late and not arbitrable.

9.04 The employee's written grievance shall be processed as follows:

Step#1

If an employee has a grievance, the grievance shall, within the five (5) days referred

to in Article 9.03, be reduced to writing and presented to the employee's

Department Manager. The written grievance shall identify the facts and issues

giving rise to the grievance, the Article or Articles of the Collective Agreement

allegedly violated, the remedy desired and shall be signed by the grievor and

countersigned by the griever's steward and dated.

If Management requires that a meeting be held at this Step, the persons who may

attend will be the grievor, his/her steward, together with the griever's supervisor and

the Department Manager. Failing settlement, the Department Manager shall deliver

his/her decision in writing within five (5) days following the presentation of the

grievance to him.

Step#2

If the grievance is not settled at Step No. 1, the grievance must be moved to Step

No. 2 within five (5) days after receipt of the Step No. 1 decision, but not thereafter,

by being presented to the General Manager within the aforesaid five (5) days. If

Management requires that a meeting be held at this Step, the persons who may

attend will be the steward, together with the griever's supervisor and the General

Manager. Such meeting shall be arranged at a mutually agreed time but no later

than 5 days after the grievance being presented to the General Manager. Either

party may require the attendance of the grievor. The General Manager will give a

written reply by the end of the fifth (5) day following the receipt of the grievance at

Step No. 2, or if a meeting is held, a reply will be given within five (5) days of the

meeting.

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Step#3

In the event the grievance is not settled at Step No. 2, the party having carriage (

the grievance may request arbitration of the grievance by giving notice in writing to

the other party within such fifteen ( 15) days from the delivery of the decision at Step

No. 2, but not thereafter. If a request for arbitration is not so given within such

fifteen (15) day period, the decision at Step No. 2 shall be final and binding upon

both parties to this Agreement and upon any employee affected thereby.

9.05 Group Grievance

Where more than one (1) employee has essentially the same grievance arising out

of the same set of facts or circumstances, a group grievance shall be filed by having

all such employees sign a written grievance at Step No. 1. However, if requested by

the Employer, only one (1) of such employees shall be present at the grievance

meeting. The group grievance shall then be processed within the framework of the

Grievance Procedure.

9.06 Union Policy or Employer Grievance (

A Union policy grievance or a Employer grievance may be submitted to the

Employer or the Union, as the case may be, in writing, within five (5) days from the

time the circumstances upon which the grievance is based were known or should

reasonably have been known by the grieving party. A meeting between the

Employer and the Union shall be held within five (5) days of the presentation of the

written grievance. Such meeting shall take place within the framework of Step No.2

of the foregoing Grievance Procedure. The Employer or the Union, as the case

may be, shall give its written decision within five (5) days after such meeting has

been held.

If the decision is unsatisfactory to the grieving party, the grievance may be

submitted to arbitration pursuant to the terms of Step No. 3 of this Agreement.

(

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The provisions of this Article shall not be used by the Union to institute a grievance

directly affecting an employee or employees where such employee or employees

could themselves have instituted the grievance.

9.07 A specific issue which was the topic of a formal grievance which has been disposed

of pursuant to the grievance provisions of this Agreement shall not again be made

the subject matter of a grievance.

A griever shall have the right to withdraw his/her grievance at any stage of the

proceedings.

9.08 All time limits referred to in the Grievance Procedure herein contained shall be

deemed to be exclusive of Saturday, Sunday or holidays designated in Article 9.

9.09 Each step to be taken under the Grievance Procedure or any reference to

arbitration shall be taken within the time limits set forth in Article 9 and 11 of this

Agreement or the matter shall be deemed to have been abandoned.

Article 10- Discipline/Discharge

10.01 A employee is a probationary employee until he/she has worked six (6) months with

the Employer unless he/she was unable to work because of an accident or illness

arising out of the employment. In such cases the six (6) months shall be extended

to cover the period of absence due to the accident or illness. During his/her

probationary period an employee is employed on a trial basis and may be

disciplined or discharged at the sole discretion of the Employer, provided that the

Employer's decision is not made in bad faith.

10.02 The discharge of an employee who has completed his/her probationary period shall

be grieveable by such an employee in accordance with the following provisions.

10.03 No employee who has completed his/her probationary period shall be discharged

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except for just cause. The parties agree that the specific penalty for the following

infractions shall be discipline up to and including discharge. (

a) misappropriation of funds or any other fraudulent action;

b) theft or aiding in the commission of theft:

c) deliberate destruction or sabotage of Employer, customer, employee

or supplier property;

d) unauthorized disclosure of confidential information regarding the

affairs of the Employer or any of its customers or clients;

e) consumption of, or being under the influence of alcohol or

unprescribed drugs ; on employer premises or during hours of work.

( f) falsification of application for employment or documents related

thereto;

g) fighting on Employer premises or during hours of work;

h) workplace harassment; and

i) insubordination.

j] horseplay

k] serious safety infractions

10.04 A claim by an employee that he/she has been discharged without just cause shr

be treated as a grievance and shall commence at Step No. 2 of the Grievanct­

Procedure, provided a written grievance signed by the employee and his/her

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steward is presented to the General Manager within five (5) days after the

discharge.

10.05 a) When the Employer holds a meeting with an employee with the intention to

discipline, the Employer shall inform such employee in advance of the

meeting that he/she has the right to have a union steward present.

b) Where circumstances permit, if the employee has requested the presence of

a union steward, but one is not available, the Employer will not interview or

discipline the employee until the union steward can be present.

c) Notwithstanding the foregoing, in the conduct of an investigation into an

incident, including interviews of employees, the Employer has the right to

conduct such investigation without the presence of a union steward.

10:06 All disciplinary notes to an employees file will be removed after 24 months:

10.07 Prior to consideration of discharge due to substance abuse, the Employer, in

conjunction with the employee's physician; shall offer assistance provided by a

recognized program.

Article 11 - Arbitration

11.01 When either party to this Agreement requests that a grievance be submitted to

arbitration, they shall make such request in writing addressed to the other party to

this Agreement.

11.02 Matters shall be arbitrated by a sole arbitrator selected by the parties. The party

giving notice to arbitrate shall indicate in writing two (2) arbitrators who are

acceptable as arbitrator in the particular matter. If neither of these two arbitrators

are acceptable to the party receiving the notice to arbitrate, that party shall indicate

in writing two (2) arbitrators who are acceptable for the particular matter. If the

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parties are unable to agree on an arbitrator, a sole arbitrator shall be selected by

the Ministry of Labour (

11.03 Should any Arbitrator be unable to hear a grievance within sixty (60) calendar days

after the grievance has been referred to him or her then the process as described in

article 11.02 above shall be repeated.

11.04 Each party hereto shall bear its own costs of an incidental to any such arbitration

proceeding. The fees and charges of the arbitrator shall be borne equally by the

parties. Each party has the right to require the attendance of the grievor at the

arbitration hearing.

11.05 The Arbitrator or Board of Arbitration shall not be authorised to make any decision

inconsistent with the provisions of this Agreement, nor to alter, modify, add to or

amend any part of this Agreement.

( 11.06 The arbitrator shall hear and determine the matter and shall issue a decision which

shall be final and binding upon the parties and upon any employee or employees

affected by it.

11.07 No matter may be submitted to arbitration which has not been properly carried

through all requisite steps of the Grievance Procedure within the time specified.

11.08 The arbitrator shall hear and determine only one (1) grievance at a time unless the

parties expressly agree otherwise.

11.09 The grievance and arbitration time limits may be extended where the parties agree

in writing.

Article 12 ·Job Vacancies

12.01 A Permanent vacancy as used in this Agreement shall be deemed to mean a fu\lc

time vacancy which the Employer desires to fill and which arises as a result of:

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(i) the death, discharge, retirement or resignation of an employee; or

(ii) the creation of a new full-time bargaining unit job by the Employer.

12.02 In filling permanent job vacancies, promotions, transfers, lay offs and recalls the

following factors shall be considered:

a) skills, productivity and qualifications;

b) efficiency and reliability

Seniority shall govern on occasion of a transfer or promotion provided however that

the senior employee has qualifications equal to or better than that of other

employees.

For the purposes of the Collective Agreement qualifications shall be defined as an

employee's present ability, education, productivity, experience, potential and past

performance.

12.03 An employee shall Jose his/her seniority and shall be deemed to be terminated for

any of the following reasons:

a) If the employee quits his/her employment with the Employer;

b) If the employee is discharged for just cause and is not reinstated;

c) If the employee retires;

d ) If the employee overstays a permitted leave of absence or vacation

without securing extension of such leave of absence or vacation from

the Employer;

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e) If the employee is absent from his/herd uties without permission for a

period of 3 days. (

f) If an employee fails to return to work within three (3) working days

after the Employer or the employee has been notified by a doctor or

the Workers Safety Insurance Board that the employee is able to

return to his/her job or to suitable employment which the Employer

makes available.

12.04 The Employer agrees to post permanent vacancies that occur within the bargaining

unit for a period of five (5) days. During the period of the vacancy, the Employer

may temporarily fill the vacancy as it sees fit. The Employer will consider

applications and apply the foregoing provisions of this Article. The purpose of this

job posting procedure is to provide employees with the opportunity to bid on jobs in

a higher, lower or same grade or range of rates. When an employee bids on, and is

successful in obtaining a lower paid position, the employee will assume the waif '

rate of the six (6) months range of the pay grid for that position and progress

accordingly.

12.05 In the event that there is no successful applicant to such posted vacancy or newly

created position, the Employer will be entitled to hire employees from outside the

bargaining unit.

12.06 When the provisions of Article 12.04 and 12.05 have not resulted in the position

being filled, and the position is still vacant after thirty (30) days, the provisions of

Article 12.04 will be applied again.

12.07 An employee who is transferred with his/her consent to a position outside of the

bargaining unit shall retain his/her existing seniority for all time spent in the

bargaining unit for a period of three (3) years. If the employee is transferred backt

the bargaining unit within this three (3) years period, his/her bargaining unit seniom,

shall be recognized.

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When an employee is temporarily assigned to a non-bargaining unit position, he/she

will continue to be covered by the collective agreement for the entire term of the

temporary assignment.

12.08 When any operations of the Employer are relocated to the Prescott site, the

incumbent of that position will have the first right of moving with the job or refusing.

It the employee refuses to move with the job the position(s) will be filled as per the

provisions of Articles 12.04, 12.05 and 12.06. The job competition shall be posted

in all work locations.

It is understood that temporary assignments for the purposes of training or replacing

an approved leave of absence will not require the above paragraph to apply.

Article 13 - Lay off

13.01 Seniority shall govern in the case of a layoff which the company expects to remain

in effect for more than seven (7) days provided employees are sufficiently qualified,

sufficiently qualified shall be deemed to mean that the employee is qualified to

perform the normal duties of the classification following a training period of one (1)

week or less.

13:02 In cases of a temporary lay off (i.e.), seven (7) working days or less, the provisions

of Article 12.02 need not be considered. In the case of a lay off in excess of seven

(7) working days the provisions of Article 12.02 shall apply.

Recall Rights

Employees who are laid off shall have right to recall based on prior accumulated

seniority, qualifications and availability for a period of two (2} months.

No employee will be hired until those employees with recall rights have been

provided an opportunity for recall.

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( ( 16

13.03 The Company will post seniority lists twice per year, March and October. (

Article 14- Leave of Absence:

14.01 A Leave of absence shall mean an absence from work requested by an employee in

writing and consented to by the Employer in writing. All requests for personal leave

of absence shall be made to the General Manager or designate in writing by the

employee concerned and the letter shall indicate in full the reason for requesting

the leave of absence. Any leave granted shall be in writing covering a specific

period of time. Granting or withholding of a leave of absence shall be in the sole

discretion ofthe Employer and shall be with or without pay. The employee shall not

work with any other employer in any other position during such leave of absence

unless agreed to by the Employer in writing.

14.02 Pregnancy, Parental and Adoption leave shall be in accordance with the

Employment Standards Act of Ontario.

( 14.03 An employee who because of illness or injury requires absence from work, shall

furnish evidence of such illness or injury to the Employer. The Employer may, upon

reasonable grounds, require a medical examination of any full-time employee, by an

independent physician at the cost of the employer. The results of such examination

will be disclosed to the Employer upon request.

14.04 The Employer may grant written permission to an employee for a leave of absence

for one day or less.

14.05 An unpaid leave of absence shall be granted for a union steward to attend

conferences and/or educational sessions. The steward shall submit the request for

the time off in writing at least four ( 4) weeks in advance of the scheduled absence.

Such leaves of absence shall not exceed four (4) days per year for each stewar

except when the Employer recognizes that operational requirements permit,

additional days may be granted

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17

Article 15 • Union Bulletin Board

15.01 The Employer shall make available a place in an area designated by the Employer

for the purpose of posting reasonable notices regarding meetings and other similar

union matters. All such notices must be approved by the General Manager or his

designate prior to posting.

Article 16 ·Safety and Health

16.01 The Union agrees to co-operate with the Employer in its endeavour towards

improving safe working conditions by such means as employee education and the

need for employee safe working habits.

16.02 The Employer and the Union recognise the need for a safe working environment in

accordance with the provisions of the Occupational Health & Safety Act of Ontario.

16.03 A joint safety and health committee will be established. The Committeewill have an

equal number of bargaining unit and management members and will not be more

than three (3) each.

Article 17 • Designated Holidays

17.01 Employees shall receive pay for public holidays in accordance with the provisions of

the Employment Standards Act as amended from time to time.

New Years Day

Good Friday

Victoria Day

Canada Day

Boxing Day

Article 18 ·Vacations

Civic Holiday

Labour Day

Thanksgiving

Christmas Day

18.01 Employees shall receive vacation pay in accordance with the provisions of the

Employment Standards Act as amended from time to time.

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(i) 1 - 5 years service = 2 weeks vacation

(ii) 5 - 1 0 years service = 3 weeks vacation (

Article 19- Wages

19.01 Wages as per attachedschedule 'A'.

19.02 Every reasonable effort will be made to have wages directly deposited into the

employee's bank account by the year 2009.

19.03 Temporary Transfers

In the case of an employee who is temporarily transferred to a classification which is

paid at a different hourly rate, the following will apply:

a) if the temporary transfer is to a lower rated job, and is at the request

of the Employer, the employee will receive his/her own hourly rate;

( b) if the temporary transfer is to a higher rated job, the employee will be

paid at the higher hourly rate.

Article 20 - Hours of Work and Overtime

20.01 The hours of work and overtime shall be in accordance with the Employment

Standards Act.

The normal number of daily hours of work shall be either eight (8) for five (5} days in

a week or twelve (12) which shall vary from four(4) days in a week to three (3) days

in a week in accordance with schedules established from time to time. The normal

number of scheduled weekly hours should average 40 hours.

The normal daily hours of work shall not be construed as a guarantee of any

minimum nor as a restriction on any maximum number of hours to be worked. (

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19

Overtime at the rate of time and one- half shall be paid for work required to be

performed in excess of the normal number of daily hours of work in any one day or

in any continuous period.

20.02 In view ofthe requirement ofthe Employer to satisfy its customers, employees may

be required to work in excess of eight (8) hours in a day or forty-eight ( 48) hours in a

week and the Union as the agent for the employees agrees to this provision as

being the consent of the employees as required by the Employment Standards Act.

20.03 Call-In

Employees who are called in on off-hours shall receive a minimum of three (3)

hours pay at the regular pay rate or at a time and one half rate; whichever is

greater.

20.04 Meal Breaks

Employees who are scheduled to work twelve hours shifts shall be provided with two

half (1/2) hour paid meal breaks.

Article 21 - General

21.01 Wherever the male gender is used throughout the Articles within this Agreement, it

is agreed that the feminine gender is an acceptable substitute whenever and

wherever applicable.

21.02 Where the singular is used throughout the articles within this Agreement, it is

agreed that the plural is an acceptable substitute wherever applicable.

Article 22 - Benefits

22.01 The Employer's only obligation hereunder is to pay the amount of premiums

contracted for.

The Employer shall not be considered to be an insurer with respect to any benefit or

plan referred to herein.

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Article 23 - Bereavement Leave

23.01 When a death occurs in an employee's immediate family, the employee will be

granted up to two (2) working days leave of absence with pay for the purposes of

attending the funeral. Immediate family shall mean father, mother, father-in-law,

mother-in-law, son, daughter, spouse, brother, sister, grandparent, grandchild, aunt,

uncle, niece and nephew.

23.02 Pay shall be at the employee's base rate of pay exclusive of any premiumsforthe

number of regular straight time hours that the employee was scheduled to work

during such day. Notwithstanding anything contained herein, no employee shall

receive pay for any day upon which such employee would not otherwise have

worked.

23.03 In the event of a death during the employee's vacation period, the employee will not

be entitled to additional vacation. (

23.04 The employee's supervisor must be notified as soon as possible when an employee

intends to take a leave of absence pursuant to this section.

Article 24 - Duration

24.01 This Agreement shall become effective upon ratification by the parties and shall

continue in effect for sixty (60) months, commencing January 1, 2007 and

terminating on December 31, 2011.

24.02 Either party desiring to renew or amend this Agreement may give notice in writing of

its intention to do so during the last ninety (90) days of its operation.

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21

Dated at Brockville, Ontario this Ji..!!day of ~I( M tt

UNION I '2007.

E~

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Schedule 'A"- Wage Rates (

\ Effective Effective Effective Effective Effective

January 1, 2007 January 1, 2008 January 1, 2009 January 1, 2010 January 1, 2011 •

Packaging/Utility Start $12.46 $13.03 $13.53 $13.93 $14.32

6 months $14.45 $15.02 $15.52 $15.92 $16.31

Fork Truck Start $12.71 $13.28 $13.78 $14.18 $14.57

6 months $14.70 $15.27 $15.77 $16.17 $16.56

Test Start $12.71 $13.28 $13.78 $14.18 $14.57

6 months $14.70 $15.27 $15.77 $16.17 $16.56

Twisting Start $12.46 $13.03 $13.53 $13.93 $14.32

6 months $14.45 $15.02 $15.52 $15.92 $16.31

12 months $15.56 $16.13 $16.63 $17.03 $17.42

Rod Breakdown Start $12.46 $13.03 $13.53 $13.93 $14.32

6 months $14.45 $15.02 $15.52 $15.92 $16.31

12 months $15.56 $16.13 $16.63 $17.03 $17.42

Armouring To Level $14.3£ 2 Start $12.46 $13.03 $13.53 $13.93

6 months $14.45 $15.02 $15.52 $15.92 $16.31

12 months $15.56 $16.13 $16.63 $17.03 $17.42

Armouring Level 3* Start $15.56 $16.13 $16.63 $17.03 $17.42

6 months $16.67 $17.24 $17.74 $18.14 $18.53 .

Extrusion (To Level 2) Start $12.46 $13.03 $13.56 $13.93 $14.32

Small OR Large 6 months $14.45 $15.02 $15.52 $15.92 $16.31

12 months $15.56 $16.13 $16.63 $17.03 $17.42

Extrusion Level 3* Start $15.56 $16.13 $16.63 $17.03 $17.42

*Complemented 6 months $16.67 $17.24 $17.74 $18.14 $18.53

Small AND Large

Maintenance

Licensed Trades-Top rate achieved by qualifications Top Rate $21.11 $21.68 $22.18 $22.58 $22.97

• An employee must have the necessary skills to progress from Level 1 Armourlng/Extruslon to Level 3 • No

pyramiding of premiums

Armouring/Extrusion. Management will manage this progression with training and confirmation of skills. (

'

.-

.

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8 hour shift

4 to 12

12 to 8

12 hour shift

Shift Premiums

January 1, 2007

$0.25/hr.

$0.35/hr.

$0.25/hr. for all

Effective January 1, 2008

$0.30/hr.

$0.40/hr.

$0.30/hr. hours worked on weekends

$0.67/hr. for all hours worked while assigned to 12 hour shifts

$0.72/hr.

Effective January 1. 2010

$0.35/hr.

$0.45/hr.

$0.35/hr.

$0.77/hr.

23

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Appendix B

1. The company shall contribute towards the employee purchase of safety footwear as per the company safety footwear procedure.

2. The company shall contribute towards the employee purchase of prescription safety glasses as per the company safety glasses procedure.

(

'

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( (