i, hereby certify receip of a copy of the dec · 2018-01-23 · memorandum as constituting full...

- 1 -

I,_________________________________________HEREBY CERTIFY RECEIPT OF A COPY OF THE DECEMBER 01/17 – NOVEMBER 30/21 COLLECTIVE BINDING AGREEMENT.

_________________ ______________________

(Date) (Signature)

- 2 -

This book is the property of:

__________________________________________

Employee # _____________

- 3 -

COLLECTIVE AGREEMENT

Between:

SAPA CANADA INC. TORONTO CAST HOUSE

(herein referred to as The "Company")

and

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED

INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION

(UNITED STEELWORKERS) (THE “UNION”)

ON BEHALF OF ITS LOCAL 13571-20

(herein referred to as the "Union")

Effective December 1, 2017- November 30, 2021

- 4 -

Memorandum of Settlement

Between:

SAPA CANADA INC. TORONTO CAST HOUSE

and

UNITED STEEL, PAPER AND FORESTRY,

RUBBER, MANUFACTURIG, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS

INTERNATIONAL UNION (UNITED STEELWORKERS) (THE “UNION)

1. The parties herein agree to the terms of this Memorandum as constituting full settlement of All matters in dispute. 2. The undersigned representatives of the Union Do hereby agree to present and recommend all terms of this memorandum to their respective principals. 3. The parties herein agree that the term of the collective agreement shall be from date of Ratification and will continue until November 30, 2021.

- 5 -

4. The parties herein agree that the said collective shall include the terms of the previous collective agreement, which expires on November 30/17 subject to the following amendments outlined in (Appendix “A”) which are to be incorporated in the new collective agreement. Dated this 6th day of December 2017, in the City of Toronto.

FOR THE COMPANY: FOR THE UNION:

- 6 -

THIS AGREEMENT made and entered into this 6th day of December, 2017. B E T W E E N:

SAPA CANADA Inc. –Toronto Cast House (hereinafter called the “Company”)

-and-

UNITED STEELWORKERS ON BEHALF OF ITS LOCAL 13571-20

(hereinafter called the “Union”)

WHEREAS the Ontario Labour Relations Board by certificate dated the 13th day of September, 1976, certified the Union as the bargaining agent for employees in the bargaining unit hereinafter described.

NOW THEREFORE this Agreement witnesseth that:

ARTICLE 1 PURPOSE

1.01 The purpose and intention of this Agreement is to maintain a harmonious relationship between the Company and its employees and to provide an amicable method of settling any differences which may arise between them and to set forth the conditions of employment to be observed by the Company and the Union.

- 7 -

ARTICLE 2 RECOGNITION

2.01 (a) The Company recognizes the Union as the exclusive bargaining agent for all its employees at Metropolitan Toronto, save and except foremen, persons above the rank of foreman, office staff, sales staff, and students employed during the school vacation period. For the purposes of this agreement school vacation period shall be May 1 to September 1.

(b) The parties agree that up to two (2) students may be utilized outside the school vacation period as defined above for the purposes of co-op assignments provided they be subject to the provisions of Article 6. Further the Company agrees that these students will not be used to take job opportunities away from seniority employees.

2.02 The Company further agrees that should any of the Company’s operations that are in existence on the date this Agreement is signed and which are covered by this Collective Agreement be moved from Metropolitan Toronto to a location anywhere in Ontario, the employees affected will have the opportunity to move to such operation and the Company agrees to extend recognition to the Union as a bargaining agent for employees at such location. In the

- 8 -

event of a plant relocation, the Company agrees to advise the Union at least three (3) months prior to the closure of the Plant.

ARTICLE 3 RELATIONSHIP

3.01 The Company and the Union agree that there shall be no discrimination in the hiring, training, promotion, transfer, layoff, discharge or discipline of employees on account of race, sex, creed, religion, colour, age as defined in the Ontario Human Rights Code, national origin, or Union membership.

3.02 The Union will not engage in Union activities during working hours or hold meetings at any time on the premises of the Company without the permission of the General Manager or his designate.

3.03 Within seven (7) days of hire the Company shall introduce each new employee to his Union Steward and the Local Plant Chairman or President who shall be allowed a fifteen (15) minute orientation period with the new employee in a suitable location on Company premises during the work day.

3.04 It is the policy of Sapa that a working environment which is free from sexual and racial harassment is essential to the long-term well being of its operations. Both management and employees are committed

- 9 -

to their support of such an environment. The United Steelworkers on behalf of its Local 13571-20 is equally committed to the support of this policy through its co-operation in the administration of the collective agreement. Both the Union and the Employer are committed to a respectful work environment and to abide by Bill 168 - Violence and Harassment in the Workplace.

ARTICLE 4 MANAGEMENT RIGHTS

4.01 The Union recognizes the right of the Company to operate and manage its business in all respects in accordance with its commitments and responsibilities. The location of the plant, the direction of the working force, the schedules of production, the methods and processes used, the right to decide on the number of employees needed by the Company at any time, and the right to use improved or changed methods, machinery and equipment, and jurisdiction over all operations, machinery, tools and employees at its plants are exclusively the responsibility of the Company. The Company also has the right to make and alter from time to time reasonable rules and regulations to be observed by the employees. Any such rules and regulations shall not be inconsistent with the provisions of this Agreement. The Company shall notify in writing the

- 10 -

Chairperson or his designate of any changes to such rules and regulations and provide the Chairperson with a copy of same.

4.02 The Union acknowledges that it is the exclusive function of the Company to hire, promote, demote, layoff, recall, relieve from duty because of lack of work or other legitimate reasons, assign duties and rates, train, test and transfer employees and also the right of the Company to suspend, discipline or discharge any employees for just cause.

4.03 In the exercise of its functions provided for in Sections 4.01 and 4.02 of this Article, the Company shall not act in a way inconsistent with the provisions of this Agreement.

4.04 Supervisory employees will not perform work on any job normally performed by an employee in the bargaining unit to the extent this causes a lay-off, reduction in normal hours of work or eliminates overtime opportunities.

ARTICLE 5 NO STRIKES – NO LOCKOUTS

5.01 During the lifetime of this Agreement, the Union agrees that there will be no strike, slowdown, stoppage of work, picketing or any other interference with work or

- 11 -

production, and the Company agrees that there will be no lockout.

5.02 The Union further agrees that it will not involve any employee of the Company, or the Company itself, in any dispute which may arise between any other employer and the employees of such other employer.

ARTICLE 6 UNION SECURITY

6.01 It shall be a condition of employment that every employee become and remain a member of the Union in good standing. Every new, rehired and recalled employee must become a member of the Union on the date of hire, rehire or recall.

6.02 The Company shall deduct Union dues including where applicable, initiation fees and assessments, on a weekly basis, from the total earnings of each employee covered by this agreement. The amount of dues shall be calculated in accordance with the Union’s Constitution.

6.03 All dues, initiation fees and assessment shall be remitted to the Union forthwith and in any event no later than 15 days following the last day of the month in which the remittance was deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL-

- 12 -

CIO-CLC, P.O.BOX 13083 Postal station ‘A’, Toronto Ontario M5M 1V7. A copy of the Dues Remittance Form R-115 will also be sent to the United Steelworkers of America 25 Cecil Street. Toronto, Ontario M5T 1N1.

6.04 The remittance and the R-115 form shall be accompanied by a statement containing the following information:

(a) A list of the names of all employees from whom dues were deducted and the amount of dues deducted;

(b) A List of the names of all employees from whom no deductions have been made reason;

(c) This information shall be sent to both Union addresses in such form as shall be directed by the Union to the Company.

6.05 The Union shall agree to indemnify and save the Company harmless against all claims or other forms of liability that may arise out of any action taken by the Company in compliance with this article.

6.06 The Company, when preparing T-4 slips for the employees, will enter the amount of

- 13 -

Union dues, charitable deductions paid by each employee during the previous year.

ARTICLE 7 STEWARDS AND GRIEVANCE COMMITTEE

7.01 For the purpose of assisting employees in the presentation of grievances in accordance with the provisions of Article VIII, the Company acknowledges the right of the Union to appoint or otherwise select four (4) shop stewards, being one from each of the following Departments: Material Handling, Maintenance, and two from Production. In the event that the Company establishes any new department, the Union will be notified and given an opportunity to appoint a Steward in such new department. All stewards will have completed their probationary period with the Company.

7.02 The Union agrees to supply the Company with a list of its shop stewards and agrees to keep such list up to date at all times. An up-to-date list will be posted on the bulletin board every three months.

7.03 The Company shall recognize a Union Grievance Committee composed of two (2) shop stewards and the Plant Chairman, or the Local Union president, provided he/she is an employee of the Company.

- 14 -

7.04 The Company agrees that a shop steward or the Plant Chairman, after agreement with his foreman, shall be permitted during working hours and without loss of pay, to leave his regular duties for a reasonable length of time in order to investigate and/or settle any grievance which may arise within the bargaining unit. The Company agrees that the stewards and Grievance Committee shall be paid at straight time for time spent in meetings with the Company under the grievance procedure outside regularly scheduled hours of work. Upon returning to his regular duties, the shop steward or Plant Chairman, shall report to his foreman before commencing his regular duties.

7.05 Up to two (2) members of the Bargaining Committee will be compensated for time lost from their regular hours of work due to meetings held with Management for the negotiation of the renewal of this Agreement. This compensation will be at the employee’s regular straight time hourly rate. A third member of the Bargaining Committee will be recognized and compensated under this provision in the event of a bargaining unit of seventy (70) employees at the time that notice to bargain is provided.

7.06 The Company and the Union agree that a staff representative of the Union shall be

- 15 -

permitted to attend with the Union Grievance Committee, any meetings with the Company. A staff representative of the Union shall also be permitted to meet with officers of the local Union with respect to Union business during working hours, provided the Company is notified in advance and production is not unreasonably delayed.

ARTICLE 8 GRIEVANCE PROCEDURE

8.01 The Company and the Union agree that it is of the utmost importance that grievances be adjusted as quickly as possible and it is understood that an employee or his or her steward has no grievance until he/she has first given his immediate supervisor an opportunity of adjusting his complaint.

A grievance shall mean a difference arising between the Company and the Union, or an individual employee, relating to the interpretation, application, administration or alleged violation of the provisions of this Agreement.

8.02 No grievance shall be considered where the circumstances giving rise to it occurred more than five (5) working days prior to the presentation of the grievance, provided that where the circumstances giving rise to the grievance were not known to the aggrieved employee at the time of their occurrence,

- 16 -

he/she may present his grievance within five (5) working days after such circumstances have become known to him. Grievances shall be adjusted and settled as follows:

Step No. 1: The aggrieved employee shall first present his grievance orally, or in writing to his foreman, or, if he/she has no foreman, to his immediate supervisor. He/she shall have the assistance of his steward if he/she so desires. If a settlement satisfactory to the employee concerned is not reached within five (5) working days following presentation of the grievance, the grievance may be presented in accordance with Step No. 2 of this Article at any time within five (5) working days thereafter.

Step No. 2: The aggrieved employee shall, with his shop steward, present his grievance in writing, on a form supplied by the Union and approved by the Company, to the Department Manager or his designate who shall meet with the Plant Chairman or his designate to discuss briefly the grievance. The Department Manager or his designate shall deliver his reply in writing to the Union within five (5) working days following presentation of the grievance to him. If a settlement satisfactory to the employee concerned is not reached within five (5) working days following presentation of the grievance in accordance with Step

- 17 -

No. 2, the grievance may be presented in accordance with Step No. 3 of this Article, at any time within five (5) working days thereafter.

Step No. 3: The aggrieved employee shall, with his shop steward, present the written grievance by way of appeal to the Plant Manager or his designated representative. Upon presentation of the grievance to him, the Plant Manager, or his designated representative shall immediately arrange a meeting between the Union Grievance Committee and the Company representatives, and such meeting shall be held within ten (10) days following presentation of the grievance to the Plant Manager, or his designated representative. The Plant Manager, or his designated representative, shall deliver his reply to the grievance, in writing, to the Union within five (5) working days following such meeting.

8.03 Where any difference arises between the Company and the Union relating to the interpretation, application or administration of this Agreement, or where an allegation is made by the Company or by the Union that this Agreement has been violated, such difference or allegation shall be treated as a policy grievance and shall be presented in writing by the aggrieved party, to the Plant Manager, or his designated representative,

- 18 -

or the Union Grievance Committee as the case may be, within ten (10) days after the facts connected therewith become known to the aggrieved party. Upon presentation of a policy grievance, the Company and the Union shall meet within ten (10) days following presentation of the grievance and the Plant Manager, or his designated representative, or the Union Grievance Committee as the case may be, shall deliver a reply to the grievance, in writing to the Plant Manager, or his designated representative, or the Union Grievance Committee within five (5) working days following such meeting.

8.04 Any settlement of a grievance arrived at between the Company and the Union Grievance Committee, shall be made in writing and shall be final and binding upon the Company, the Union and the employees concerned.

8.05 It is understood and agreed that where an employee processes any grievance without the assistance of his steward or other representative of the Union, any settlement of such grievance shall not constitute a precedent to be used against the Union or the Company in any future grievance or arbitration.

- 19 -

8.06 The time allowance provided in this Article may be extended by mutual agreement by the parties in writing.

8.07 Working Day is defined as the employees’ scheduled working days. For the purpose of policy grievances the calculation of days reverts back to Monday to Friday.

ARTICLE 9 ARBITRATION

9.01 When either party to the Agreement requests that a grievance be submitted for arbitration, they shall make such request in writing addressed to the other party to this Agreement within 30 days of completion of Step 3.

9.02 Any matter referred to arbitration, as provided in 9.01 hereof, shall be submitted to a single arbitrator selected from the following list:

(a) Ms. Maureen K. Saltman 111 Richmond Street West Suite 1017 Toronto, Ontario M5H 2G4

(b) Mr. Randy Levinson 58 Cumming Court Ancaster, Ontario L9G 1V3

- 20 -

(c) P. Chauvin 281 Commissioners Road East London, Ontario N6C 2T3

(d) Mr. O.B. Shime, Q.C. Suite 200 70 Bond Street Toronto, Ontario M5B 1X3

9.03 If, during the life of this Agreement, one of the arbitrators named in 9.02 hereof withdraws from the list, the parties shall appoint a replacement by mutual agreement in writing.

9.04 The arbitrators shall act singly, and in rotation, with respect to each successive grievance that is referred to arbitration. Should any arbitrator be unable to hear a grievance within sixty (60) calendar days after the grievance has been referred to him, then he/she shall be passed over to the next in line.

9.05 Except where otherwise provided for in this Agreement, each of the parties hereto will bear its own expense with respect to any arbitration proceedings. The parties hereto will jointly bear the expenses of the arbitrator on an equal basis.

- 21 -

9.06 The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify, or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement.

9.07 The decision of the arbitrator shall be final and binding on the parties.

ARTICLE 10 DISCHARGE AND DISCIPLINE

10.01 In the event of an employee who has attained seniority being discharged from employment or suspended, he/she shall have the right to interview his steward for a reasonable period of time before leaving the Plant premises provided the employee is at work or on the Company's premises at the time of such discipline. In the latter event, either a plant steward or the Plant Chair will be provided notification of the discipline prior to the employee being so notified. Where Union representation is not immediately available at the work site, such meeting shall take place at the Company’s premises as soon as practical after the discipline. The Employer will ensure that representation is arranged and offered. If the employee feels that an injustice has been done, the case may be taken up as a grievance with the Plant Manager, or his designated

- 22 -

representative, within five (5) working days following the notification of his discharge or suspension.

10.02 Upon presentation of the grievance to him, the Plant Manager, or his designated representative, shall immediately arrange a meeting between the Union Grievance Committee and the Company representatives and such meeting shall be held within five (5) working days following presentation of the grievance to the Plant Manager, or his designated representative. The Plant Manager, or his designated representative, shall deliver his reply to the grievance in writing to the Union within three (3) working days following such meeting or within such time as is mutually agreed upon by the Company and the Union.

10.03 Such special grievance may be settled by confirming the Management’s action in dismissing the employee, or by reinstating the employee in his former position with full compensation for time lost, including full seniority, or by any other arrangement which is just and equitable in the opinion of the conferring parties.

10.04 Any unsettled discharge or discipline grievance may proceed by way of arbitration in accordance with Article IX of this Agreement and, in such event, the Arbitrator

- 23 -

may uphold the Company’s action in discharging the employee or may order reinstatement of the discharged employee with full compensation for time lost, or may issue such other decision within these limits which, in the opinion of the Arbitrator, is just and equitable in the circumstances.

10.05 An employee either will be disciplined or alternatively will be advised of any internal investigation by the Company of known misconduct by the employee within five (5) working days of the date when management concludes that there is misconduct which warrants discipline or investigation. In clarification, this does not apply to external investigations by persons outside the Company.

10.06 In the event a written warning is given to an employee, a copy will be given to the steward. All such disciplinary warnings shall be voided after twelve (12) consecutive months free of further discipline.

In the event of a disciplinary suspension or demotion, the suspension and demotion shall be voided after eighteen (18) consecutive months free of further discipline

The Company shall be disqualified from using all voided warnings or discipline as

- 24 -

listed above in the grievance or arbitration procedure.

ARTICLE 11 SENIORITY

11.01 (a) The parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in all cases in filling job vacancy, permanent transfer, layoff and recall after layoff, senior employees shall be entitled to preference.

(b) In recognition, however, of the responsibility of the Company for the operation of the Plant, it is understood and agreed that in all cases referred to in Section 11.01(a), the Company shall have the right to pass over any employee if it considers that the employee does not have the ability and qualifications to perform the work within a five (5) day trial period in the event of layoff or within a five (5) day trial period in the event of a job posting. In this regard, it is understood the Company has the right to make an initial assessment of any entitlement to a trial. In the event that an

- 25 -

employee who is placed in a classification in accordance with this article is unable to satisfactorily meet the requirements of the classification within the trial period, the company shall advise the employee in writing of the reasons he/she was unable to meet such requirements, with a copy given to the Local Union Chairperson. The following classifications are exempted from any trial unless the employee in question has proven experience:

Maintenance Department Classifications; Lead Hands D. C. Operators (exemption is only for layoff)

The Company agrees not to use this consideration in an unreasonable manner.

11.02 An employee will be considered probationary for the first eight hundred and fifty hundred (850) hours worked in a six (6) month period, and will have no seniority rights during that period. After eight hundred and fifty (850) hours worked in a six (6) month period, his seniority shall date

- 26 -

back to a date eight hundred and fifty (850) hours worked prior to the date on which he/she completed his probationary period. The Company reserves the right to waive the probationary rate of pay at its discretion. In the event special circumstances arise, the Company and the Union may discuss an extension on the probationary period.

The parties agree that in the termination of probationary employees the Employer need only show that it did not act in a manner that was arbitrary, in bad faith or discriminated as referred to in Article 3.01.

11.03 An employee shall lose his seniority standing for any of the following reasons:

(a) if he/she voluntarily quits his employment;

(b) if he/she is discharged and is not reinstated through the grievance procedure or arbitration;

(c) if he/she has been laid off for a continuous period of eighteen (18) months; where such employee has ten (10) or more years of seniority standing, if he/she has been laid off for a continuous period of twenty four (24) months;

- 27 -

(d) if he/she is recalled to work after a layoff by registered letter mailed to his last known address on the records of the Company and fails to notify the Company within three (3) working days of his acceptance of the recall or if he/she fails to report to work within seven (7) working days of receipt of notice of recall and fails to establish that he/she was prevented from reporting to work by reason of sickness or any other reasonable cause;

(e) if he/she fails to report for work immediately following the expiration of a leave of absence and fails to establish that he/she was prevented from reporting to work by reason of sickness or any other reasonable cause;

(f) if he/she fails to report to work for three (3) consecutive working days without notifying his immediate supervisor during such period, unless the employee provides acceptable reason to the Company.

(g) if he/she retires.

- 28 -

11.04 The Company agrees to post a seniority list on the Union bulletin board showing the seniority status of each employee. The Company agrees to send a seniority list to the attention of Courtney Joseph by email at [email protected], (Address: 25 Cecil St., Toronto, ON M5T 1N1) in January and June of each year and it shall contain the employee’s classification, rate of pay and the most current address on file with the Company.

11.05 An employee who is promoted or transferred to a position with the Company outside the bargaining unit and is subsequently reassigned to work within the bargaining unit shall be deemed to have accumulated seniority during the period of such promotion or transfer. Employees who are so promoted or transferred outside of the bargaining unit subsequent to December 1, 1981, shall be limited to an accumulation of seniority of up to six months during the period of promotion or transfer outside the bargaining unit. Employees who are so promoted or transferred outside of the bargaining unit subsequent to December 1, 2001 shall be governed by Letter of Understanding #9. Any such employee cannot displace any employee on being returned to the bargaining unit and may only be transferred to a vacancy.

mailto:[email protected]

- 29 -

11.06 In the event of a layoff, preferential seniority shall be given to one (1) employee to be named by the Union provided work is available for which such employees are able and willing to perform notwithstanding their position on the seniority list.

11.07 In case of an emergency such as breakdown of machinery, power failure, failure of raw material supply, acts of God, or temporary lack of orders, the Company may layoff any employee for a temporary period of up to three (3) working days in duration without regard to the seniority provisions of this Agreement. Any violation of this section by the Company or the Union shall be subject to the grievance procedure.

11.08 All vacancies for positions for more than two (2) month’s duration, and newly created positions, shall be posted for seven (7) calendar days on the bulletin board supplied for the Union’s purpose. Any employee desiring the position posted shall make application to Management within the period of posting referred to in this provision. Such vacancies shall be filled in accordance with Section 11.01(a) and (b). Where the employee has requested in writing that the Union do so, the Union may make application to the Company on behalf of such employee where it is anticipated the employee will be absent from work for not

- 30 -

more than four (4) weeks due to vacation, sickness, accident or approved leave of absence. The name of the successful applicant, if any, shall be posted within fifteen (15) days of the posting having expired.

11.09 In the event of a layoff planned by the Company, the Company will provide five (5) day’s notice of such layoff. The Company agrees to provide separation papers to any employee who is laid off employment for periods of one (1) week or more. It is agreed that a senior employee in a job classification which is subject to layoff will be given the option of electing layoff instead of the junior employees so affected.

11.10 The Company will supply the Plant Chairman or in his absence a member of the Grievance Committee, every three months, with the names of the persons who have:

(a) been laid-off;

(b) been recalled to work;

(c) been newly hired;

(d) quit;

(e) advised the Company of a change of address.

- 31 -

11.11 Seniority shall be maintained and accumulated in the event of an authorized leave of absence, sickness or accident.

ARTICLE 12 HOURS OF WORK AND OVERTIME

12.01 The following sections and paragraphs are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week or of days of work per week.

12.02 (a) Subject to the provisions of the Appendix Re 12 Hour Shift Schedules, the normal workweek shall consist of forty (40) hours per week. The normal workday shall consist of eight (8) hours per day. A twenty (20) minute paid lunch break will be given to all shifts in all departments.

(b) Effective, as of January 1, 2010 the wording of 12.02 (b) will change to read - It is agreed that the Company has the right to schedule regular shifts for employees on Saturdays and Sundays at the employee’s regular straight time rates of pay. Until that date, it shall remain as per the previous contract.

- 32 -

(c) In the event of a seven (7) day work schedule, it is further agreed as follows:

(i) All work done by an employee on the sixth (6th) consecutive day of work in a pay period outside his regular schedule shall be paid for at the rate of one and one- half (1 ½) his regular hourly rate.

(ii) All work done by an employee on the seventh (7th) consecutive day of work in a pay period outside his regular schedule shall be paid for at the rate of double his regular hourly rate.

(iii) For work performed on a regular shift on Sunday, there shall be a Sunday premium of one dollar ($1.00) per hour.

(iv) For work performed on a regular shift on Saturday, there shall be a Saturday premium of seventy five (75) cents per hour.

(v) The Company will provide the Union with sixty (60) days notice of introduction of seven-day work schedules. The Company and the Union agree to meet promptly

- 33 -

following the notice in order to review the impact of the schedules on employees and discuss any alternatives that the Union might suggest.

12.03 The Company agrees to schedule for all employees a paid ten (10) minute rest period during the first four (4) hours of work each day and a further ten (10) minute rest period during the last four (4) hours of work each day.

12.04 The Company agrees to provide a twelve (12) minute paid wash-up period at the end of each full shift.

12.05 Subject to the provisions of the Appendix Re 12 Hour Shift Schedules, overtime at the rate of time and one-half (1 ½) the employee’s regular rate of pay shall be for:

(a) all work performed in excess of eight (8) hours per work day;

(b) all work performed on Saturday, other than work performed on the employee’s regular schedule.

12.06 Subject to the provisions of the Appendix Re 12 Hour Shift Schedules, overtime at the rate of double the employee’s regular rate of pay shall be paid for:

- 34 -

(a) all work performed on Sunday, other than work performed on the employee’s regular schedule;

(b) all work performed in excess of twelve (12) hours in a day from Monday to Saturday.

12.07 In computing overtime, hours compensated for at overtime rates under any provision shall not be counted further for any purpose in determining overtime liability under the same or any other provision.

12.08 Subject to the provisions of the Appendix Re 12 Hour Shift Schedules, if an employee is required to work ten (10) consecutive hours or more, he/she shall be allowed ten dollars ($10.00) for a meal, and a ten (10) minute rest period.

12.09 The Company shall make every effort to distribute overtime opportunities as equitably as possible among the employees who normally perform the work to be done. Overtime worked and refusals shall be recorded by the Company and an updated list supplied to each department steward once a month.

12.10 The Company shall have the right to schedule overtime when in its discretion same is required. The Company will

- 35 -

consider any legitimate reason for the refusal of any employee to work overtime on any particular occasion. Employees are required to cooperate in working overtime. If the Company does not schedule weekend overtime by the Wednesday preceding such overtime, the performance of such overtime by employees will be considered voluntary. Overtime scheduled for the Saturday afternoon shift from 4 p.m. to midnight will be considered voluntary.

12.11 Students will not be required to work overtime unless permanent employees in the classifications to which the students are assigned are unable to work.

ARTICLE 13 SHIFT PREMIUM

13.01 The Company shall pay a premium of fifty cents (50¢) per hour for hours worked on the afternoon shift and seventy-five cents (75¢) per hour for hours worked on the night shift.

13.02 Any shift that starts between 2 p.m. and 10 p.m. shall be considered the afternoon shift. Any shift that starts between 10 p.m. and 6 a.m. shall be considered the night shift.

13.03 Shift premiums shall not be included in earnings for the purpose of computing overtime, but shall be paid in addition to the overtime rates.

- 36 -

ARTICLE 14 WAGES

14.01 During the lifetime of this Agreement, the Company agrees to pay and the Union agrees to accept the scale of wages set forth in Schedule “A” hereto, which is hereby made a part of this Agreement.

14.02 The Company agrees to have pay available every Thursday of each week.

14.03 The Employer agrees to advise the Union of any new or substantially changed classification prior to implementing such new or substantially changed classification. Management will determine the new rate of any such classification. The rate so established shall be the proper subject for negotiation between the Company and the Union, if the Union so desires. If the Union is in disagreement with the rate established by the Company, and the Union has first discussed the rate with the Company as outlined above, the Union shall have recourse to the grievance and arbitration provisions in this agreement. The jurisdiction of any arbitrator dealing with such a dispute shall be confined to an appropriate rate of pay based on internal comparison with other classifications in the bargaining unit.

- 37 -

ARTICLE 15 PLANT HOLIDAYS

15.01 Where any of the holidays enumerated in 15.02 of this Article falls on what would otherwise be a regular working day, or where any of the said holidays fall on a Saturday or a Sunday and the day, or the day celebrated as a holiday in lieu thereof, falls on what would otherwise be a regular working day, all eligible employees who have acquired seniority shall receive payment for such holiday based on the number of hours they would normally have worked on such holiday multiplied by their regular straight-time hourly rate.

15.02 The Company agrees to pay for fourteen (14) holidays as enumerated below:

New Year’s Day Family Day Good Friday Victoria Day Canada Day Civic Day Labour Day Thanksgiving Day Christmas Day Boxing Day The last working day before Christmas Day

- 38 -

To clarify the above and facilitate Plant shutdown during Christmas season, the floating holidays will be observed on:

2018 December 27, 28 and 31 2019 December 27, 30 and 31 2020 December 28, 29 and 30 2021 December 27, 28 and 29

15.03 Where any of the holidays enumerated in 15.02 of this Article fall on a Saturday or Sunday, the Company shall observe the holiday on either the preceding Friday or the succeeding Monday after consulting with the Union.

15.04 To be eligible for holiday pay, an employee must work the regularly scheduled work day immediately preceding such holiday and the regularly scheduled work day immediately following such holiday unless absent due to vacation, bereavement leave, jury duty, certified illness, layoff not exceeding three (3) weeks’ duration prior to the holiday and three (3) weeks’ duration after the holiday, and approved leave of absence.

15.05 Where an employee is on vacation on the day on which the holiday falls, he/she shall be entitled to an extra day’s holiday with pay.

- 39 -

15.06 An employee who is eligible for plant holiday pay in accordance with the above conditions and who performs work on any of the said paid plant holidays, shall be entitled to receive pay at two (2) times his regular straight time rate for all hours so worked on such statutory holiday, in addition to his holiday pay. An employee not eligible for plant holiday pay who performs work on any of the paid plant holidays, shall be paid two (2) times his regular straight time rate for all hours so worked on such plant holidays.

15.07 Provided the employee is otherwise eligible in accordance with the above conditions, probationary employees and students shall be entitled only to statutory holidays in accordance with the ESA 2000.

ARTICLE 16 VACATIONS WITH PAY

16.01 Employees who have been steadily employed by the Company for a period of one (1) year prior to June 30 in any year shall receive two (2) weeks’ vacation with pay at a time or times convenient to the Company, and shall receive as vacation pay an amount equivalent to four per cent (4%) of their earnings during the twelve (12) months immediately preceding June 30 in such year.

- 40 -

16.02 Employees who have been steadily employed by the Company for a period of five (5) years prior to June 30 in any year shall receive three (3) weeks’ vacation with pay at a time or times convenient to the Company, and shall receive as vacation pay an amount equivalent to six per cent (6%) of their earnings during the twelve (12) months immediately preceding June 30 in any such year.

16.03 Employees who have been steadily employed by the Company for a period of ten (10) years prior to June 30 in any year shall receive four (4) weeks’ vacation with pay at a time or times convenient to the Company, and shall receive as vacation pay an amount equivalent to eight per cent (8%) of their earnings during the twelve (12) months immediately preceding June 30 in any year.

16.04 Employees who have been steadily employed at the Company for a period of eighteen (18) years prior to June 30 in any year shall receive five (5) weeks’ vacation with pay at a time or times convenient to the Company, and shall receive as vacation pay an amount equivalent to ten per cent (10%) of their earnings during the twelve (12) months immediately preceding June 30 in any year.

- 41 -

16.05 Employees who have been steadily employed at the Company for a period of twenty- five (25) years prior to June 30th in any year shall receive six (6) week’s vacation with pay at a time or times convenient to the Company and shall receive as vacation pay, an amount equivalent to twelve (12) percent of their earnings during the twelve (12) months immediately preceding June 30th in any year.

16.06 The term “earnings” as used in this Article shall include wages as set out in Appendix A, overtime premiums, shift differentials and all payments for time actually worked, but shall not include payments for vacation pay received during the previous calendar year. Payment of all vacation pay shall be made by the second week of July.

16.07 An employee who leaves the employ of the Company before becoming entitled to a vacation as provided in this Article, shall receive in lieu thereof the amount provided for under the Employment Standards Act and the Regulations issued hereunder.

16.08 Employees with less than one (1) year service as of June 30 in any year will receive four (4) percent of their earnings during such service and shall receive one (1) day of vacation for each month worked to a

- 42 -

maximum of forty (40) hours vacation. Vacation cannot be taken until after July 1.

ARTICLE 17 LEAVE OF ABSENCE

17.01 The Company may grant an employee a leave of absence without pay for a legitimate reason up to six (6) months.

17.02 An employee requesting leave of absence shall make such a request in writing to the Company. The Company shall respond to the employee in writing, within ten (10) days, confirming its decision. The Union Chairperson will be provided a copy of all leaves of absence granted under this Article. The employee will provide three (3) weeks’ notice unless such request is due to an emergency.

17.03 The Company agrees that a delegate of the Union shall be granted reasonable leave of absence without pay for the purpose of attending Union conventions and conferences or other Union business; leaves of absence shall be limited to a total of 600 hours in a calendar year. If any additional leave is required the parties agree that it may be granted at discretion of the Company. The Union agrees to inform the Company of the name of the Union delegate at least one (1) week prior to the granting of the leave of absence. The Company agrees

- 43 -

that 104 hours of these absences will be with pay.

17.04 The Company shall notify the Union of any leave of absence granted pursuant to this Article.

17.05 The Company agrees to provide leave of absence to employees who wish to apply for the Canadian Citizenship test. It is further agreed that reimbursement for loss of wages to a maximum of sixteen (16) hours at straight time rates shall be paid to such employees who successfully complete the Canadian Citizenship test and have received the certificate. The employee must give at least one (1) week’s notice of request for leave of absence under this provision.

17.06 Maternity Leave

The Company agrees to grant unpaid maternity and parental leave in accordance with the provisions of the Employment Standards Act.

17.07 The Company agrees to continue to pay to any employee absent from work on Union business and the Union shall reimburse the Company for such wage payment upon receipt of a monthly statement. Such pay will include shift premium where applicable and paid wash-up. A leave of absence form

- 44 -

must be completed and authorized by the Union and the Company prior to any absence for Union business.

17.08 The Company agrees to grant an employee leave of absence without pay for up to one (1) year to work in an official capacity for the Union. The Union is to reimburse the Company for maintaining benefit coverage during this period. The leave can be renewed by mutual agreement for up to one (1) year. The Union must provide at least one (1) month notice to the company of any request for leave under this provision. There may be only one such leave granted during the term of the collective agreement.

ARTICLE 18 BEREAVEMENT LEAVE

18.01 When a death occurs in the immediate family of a permanent employee, he/she shall be granted not more than three (3) working days’ leave of absence from his employment without loss of pay. Said leave of absence shall commence with the day of notification to the employee of a death in the immediate family, providing said employee uses said time for the purpose of preparing a service or arranging for and attending the funeral of the deceased relative. Immediate family is defined as mother, father, brother, sister, wife, husband, son, daughter,

- 45 -

mother-in-law and father-in-law of the employee.

In the event of the death of an employee’s grandparent, spouse’s grandparent, brother-in-law or sister-in-law, such employee shall, upon notification to the Company, be granted up to a maximum of one (1) day’s leave of absence provided the employee uses such time for the purpose of preparing a service or attending the funeral of such deceased relative. It is further agreed that in the event that any or all of the leave of absence falls during the employee’s regularly scheduled workdays, the employee will be paid for his lost time.

ARTICLE 19 JURY DUTY AND CROWN WITNESS

19.01 An employee who is called for jury duty or crown witness shall be compensated by the Company for the difference between payment received for such jury duty and crown witness and the payment he/she would have received for straight time hours he/she was thereby required to lose from his regularly scheduled hours of work. The differential payment made in accordance with this Article shall only be made on presentation of documentary proof of call to jury duty or crown witness and the payment received thereof.

- 46 -

ARTICLE 20 CALL-IN PAY

20.01 An employee who is called in to work at other than his regularly scheduled working hours shall be paid a minimum amount equivalent to pay for four (4) hours at his straight time rate provided, however, that such minimum guarantee shall not be applicable if the employee is called in for a period immediately preceding his regularly scheduled working hours or if he/she is called back to work before he/she has left the Company premises.

20.02 Where an employee is called in to work, and the minimum guarantee provided for in this Article is applicable, the employee shall perform any available work assigned to him for the full minimum call-in period for four (4) hours.

ARTICLE 21 REPORTING FOR WORK

21.01 Whenever an employee has been scheduled or notified to report for work and upon his arrival at the Plant finds no work available in the occupation for which he/she was scheduled or notified to report, he/she shall be paid for one-half (1/2) of his regularly scheduled shift at his regular straight time hourly rate, exclusive of shift premiums, on the occupation for which he/she is scheduled or notified to report. If he/she is

- 47 -

offered equivalent time doing other work for which he/she is physically fit at the standard hourly rate of the occupation for which he/she was scheduled or notified to report and he/she refuses such work, he/she shall not be eligible to receive the reporting pay provided for.

For the purposes of this section, notification by telephone to an employee’s home prior to the time an employee actually leaves home for work shall be considered reasonable notice whether or not it is personally received by the employee. If the employee does not have a listed telephone, he/she shall furnish the Company with a number which can be called for such purpose, and in such case notification to any person at the number so designated two (2) hours before an employee’s scheduled starting time shall be considered notification to the employee. It shall be the responsibility of the employee to keep the Company advised of a reliable means of prompt communication with him.

21.02 When an employee who has started work is laid off before he/she works a minimum of four (4) hours, he/she shall be paid for at least four (4) hours at his regular straight time hourly rate for the occupation on which he/she started to work, provided that in the case of night shift employees, such employees shall be paid for six (6) hours; it

- 48 -

being understood, however, that in order to receive such minimum guarantee he/she shall, if requested, perform any other work offered to him for which he/she is physically fit for the balance of the said minimum guarantee, provided that he/she is paid for such work at a rate at least equal to the rate of the occupation on which he/she started to work.

21.03 The purpose of sections 21.01 and 21.02 is to compensate employees for faulty scheduling and it shall not apply if the failure to supply work to an employee is due to the fault or refusal of any employee covered hereby, or due to a strike, stoppage of work in connection with a labour dispute, power or equipment failure, acts of God or other interferences with Company operations beyond the reasonable control of the Company.

ARTICLE 22 TEMPORARY TRANSFERS

22.01 An employee who, for the convenience of the Company, is temporarily transferred for four (4) hours of work or more to a classification having a higher rate of pay than the current job classification of such employee, shall be paid the rate of the higher paid job classification.

- 49 -

An employee who, for the convenience of the Company, is temporarily transferred to a classification having a lower rate of pay than the current job classification, shall be paid the rate of his current classification.

Without limiting the generality of the foregoing, transfers which provide an employee the opportunity to be trained in a classification shall not be considered transfers “at the Company’s convenience” within the meaning of this provision.

ARTICLE 23 SAFETY AND HEALTH

23.01 The Company accepts the responsibility to maintain reasonable provisions for the safety and health of the employees during the hours of their employment. The Union agrees to assist the Company in maintaining proper observance of all safety and health rules.

23.02 (a) The Company and the Union shall maintain an Occupational Safety and Health Committee consisting of not more than three (3) members elected or appointed by the Union and not more than three (3) members appointed by the Company. The Committee shall meet monthly except in the event of an emergency where a meeting may

- 50 -

be called by either the Company representatives or the Union representatives. The function of the Committee shall be to promote safety and industrial hygiene in the Plant. Minutes of safety meetings shall be recorded by the Company and a copy shall be given to the Safety Committee chairman within two (2) weeks of the meeting.

(b) In addition to the above, the Occupational Safety and Health Committee shall investigate promptly all accidents and any unsafe conditions and practices which may be reported to it. Such investigations shall include accidents which might have caused injury to a worker, whether or not such injury occurred.

(c) At the monthly meeting, the Committee shall discuss all accidents, their causes, suggested means of preventing their recurrence and reports of investigations and inspections.

(d) The Committee shall keep all records of investigations, inspections, complaints, recommendations, together with

- 51 -

minutes of meetings. The minutes shall include what action has been taken with respect to suggestions or recommendations previously made, and if no action has been taken, the reasons therefore shall be given.

(e) The Union Chairperson of the Committee, if on site, or his designate, if the Chairperson is not on site, shall have the right to accompany any and all authorized Safety Inspectors on tours of the plant and shall receive copies of any reports sent to the Company pertaining to such inspections.

(f) Accidents, injury and occupational illness records shall be kept by the Company and shall be made available to the Committee. These records shall include all reports required by the Ministry of Labour under the Occupational Health and Safety Act and the Union. The Company also agrees to make available to the Union Committee upon request, the trade name and/or technical descriptions including chemical analysis of any compounds and substances used in the plant.

- 52 -

(g) The Company agrees to supply the Union Health and Safety Chairperson with a copy of each “Form 7”.

(h) The Union’s Health and Safety Committee shall be allowed one (1) hour’s preparation time with no loss of pay prior to the Occupational Safety and Health Committee meeting.

23.03 The Company shall notify the Union of any compensable accident or injury to an employee.

23.04 The Company will continue to supply safety equipment and supplies necessary to protect employees from injury, in accordance with their existing practices in this regard as of the date of this Agreement.

23.05 The Company agrees to pay the full cost of two pairs of safety boots or safety rubber boots in a calendar year provided that the safety shoes are needed and provided that the shoes are of a standard type selected by the Company.

23.06 The Company agrees to honour April 28 as an annual day of mourning for workers killed or injured on the job by providing the certified worker representative time off with

- 53 -

pay to attend Day of Mourning Ceremonies in the community.

ARTICLE 24 PAYMENT FOR INJURED EMPLOYEES

24.01 In the event that an employee is injured in the performance of his duties, he/she shall, to the extent that he/she is required to stop work and receive treatment, be paid for his lost time for the remainder of his shift; provided that this shall not apply if the employee received compensation for the time so lost under the Workers’ Compensation Act.

24.02 The Company shall provide transportation by motor vehicle from the Plant to the Hospital or medical unit and following treatment of the employee will provide transportation to either his home or the Plant.

24.03 The Company shall provide the appropriate transportation to the Highway Truck Driver in case of injury during a trip. The transportation will include any necessary trip to the hospital or to his home.

ARTICLE 25 HANDICAPPED EMPLOYEES

25.01 In the event that an employee is injured in the performance of his duties and becomes

- 54 -

physically handicapped as a result thereof, or in the event that an employee becomes affected by an occupational disease during the course of his employment and becomes physically handicapped as a result thereof, the Company will attempt to provide the handicapped employee with such suitable employment as is available.

ARTICLE 26 BULLETIN BOARDS

26.01 The Company agrees to provide the Union with Bulletin Boards in the Plant for the purpose of posting Union notices and official papers. It is agreed that notices must be authorized by the Company before posting on the bulletin board.

26.02 The Company and the Union desire every employee to be familiar with the provisions of this Agreement and for this purpose, the Company agrees to furnish a printed copy of the Agreement to each employee.

ARTICLE 27 HEALTH AND WELFARE

27.01 The Company agrees to provide the following coverage for its employees and their dependants on completion of the probationary period.

The Company agrees to pay one hundred per cent (100%) of the premium cost, except

- 55 -

as described below, for the following benefits:

(a) The Ontario Health Insurance Plan, including semi-private hospitalization;

(b) $49,000.00 Life Insurance; effective December 1, 2014, - for employees only.

(c) $42,000.00 Accidental Death, Dismemberment or Loss of Sight Benefit - for employees only.

(d) Weekly non-occupational sickness and accident benefits on a 1-4-26 basis at sixty-six and two-thirds (66-2/3%) percent of the Employee’s regular straight time hourly rate - for employees only.

(e) Prescription Drug Plan: all prescriptions over $0.35; generic drugs to be substituted for brand drugs except in special circumstances where the employee's doctor prescribes that there can be no substitute for medical reasons; any dispensing fee under this drug plan will have a seven dollar ($7.00) cap. In order to qualify for this Drug Plan

- 56 -

Benefit, an employee must have completed probation and is otherwise subject to the eligibility provisions of the plan;

(g) Failure on the part of the insurance carrier to honour any legitimate claim under the insurance contract with the company as set out in the Article 27.01 a, b, c, d, e or Article 27.02 shall be subject to the grievance procedure and arbitration

27.02 The Company agrees to pay one hundred per cent (100%) of the premium cost of the existing dental plan, Blue Cross Dental Plan No. 9 or its equivalent. The Company agrees that the Plan will be amended by including a feature for dentures, bridges and braces. The Company shall update the O.D.A. fee schedule annually after its publication so that the applicable fee schedule is two (2) years up to December 31, 2012 and effective January 1, 2013, one (1) year behind the most recently published ODA fee schedule. The Plan is subject to the following annual caps:

Annual cap of two thousand five hundred dollars ($2,500.00) per covered person for the endodontic and periodontal feature;

- 57 -

Annual cap of two thousand five hundred dollars ($2,500.00) per covered person for the major restorative feature;

Annual cap of two thousand dollars ($2,000.00) per family for the orthodontic feature.

Note: Effective January 1, 2013, the maximum benefit annually under the dental plan shall be limited to $1,500.00 per annum per eligible person. Orthodontics feature is exempt from this with no change to annual family cap.

Effective: February 22, 2012 employees will contribute to the cost of drug and dental benefits on a weekly basis as follows:

Single: $15.00 per week

Family: $30.00 per week

27.03 Long Term Disability Plan

Effective December 1, 1984 the Company shall introduce a Long Term Disability Plan as set out in a Plan between the Company and an Insurance Carrier. The Plan will feature a benefit based on 66 2/3% of wages to a maximum of $1,900.00 per

- 58 -

month to age 65. Eligibility for the LTD coverage will commence on the expiry of the twenty sixth (26th) week of weekly indemnity coverage under Article 27.01(d) and is otherwise subject to the eligibility provisions of the plan.

27.04 (a) Except for weekly indemnity coverage, the Company shall continue to pay premiums for an employee who is laid off for the first two months following the month of lay off.

(b) The Company shall continue to pay premiums for employees who are absent from work because of sickness or accident for up to twelve months from the occurrence of the accident or sickness, or in the case of the drug plan or dental plan, for up to two (2) years from the occurrence of the accident or sickness.

(c) In consideration of the above level of benefits it is agreed that the employees’ share of any refund that may be receivable from the E.I. shall be transferred to the Company and applied against the cost of benefits.

- 59 -

27.05 An employee who has attained age sixty (60) and who chooses to retire prior to age sixty-five (65) will have his drug and dental benefit continued to age sixty-five (65).

ARTICLE 28 CREDIT UNION CHECK-OFF

28.01 The Company agrees to deduct from the earnings of each employee, who submits a voluntary check-off authorization, such amount as the employee has authorized to be transmitted on his behalf to the Toronto Steelworkers’ Credit Union. The monies so deducted shall be transmitted to the Toronto Steelworkers’ Credit Union on a weekly basis, subject to the Credit Union being able to so receive these monies, together with the list showing the names of the employees for whom the deductions were made and the amount to be credited to the account of each employee. Such check-off authorization shall remain in effect until it is revoked or changed by the employee.

28.02 Savings Plan Check-Off

The Company agrees to deduct from the earnings of each employee, who submits a voluntary check-off authorization, such amount as the employee has authorized to be transmitted on his behalf to the District 6 Savings Plan. The money so deducted shall be transmitted to Finsco Services Limited by

- 60 -

the fifteenth (15th) of each month. Such check-off authorization shall remain in effect until it is revoked in writing or amended in writing by the employee.

ARTICLE 29 PERSONNEL RECORD

29.01 Employees shall have access to their personnel records at reasonable times under the supervision of Management.

ARTICLE 30 PENSIONS

30.01 The Company agrees to be a participating Employer in the C.W.I.P.P. (Canada Wide Industrial Pension Plan) as defined in Section 2.03 of that Plan. Notwithstanding, the parties agree that the sole obligation of the Company under this article is the provision of the contributions referred to in Article 30.03.

30.02 The initial contribution commencement date will be the February 13, 1987. Contributions during this Agreement will be made to the Canada Wide Industrial Pension Trust Fund, as set out below.

30.03 The Company’s contribution to the fund shall be made according to the table below. Employees in the bargaining unit shall also be required to make contributions as per the contribution amounts set out below. Such

- 61 -

contributions will be made in accordance with Article IX of the Canada Wide Industrial Pension Plan.

Contract Year Company Contributions

Employee Contributions

Dec 1, 2017 $1.30 per hour worked

$0.50 per hour worked







ARTICLE 31 SHIFT ROTATION

31.01 Where feasible, or unless there is mutual agreement to the contrary, shifts shall be rotated every week in those departments which require it.

ARTICLE 32 TECHNOLOGICAL CHANGE

32.01 The parties to this Agreement recognize that change and improvements in the methods, processes and means of operating is desirable and shall therefore be encouraged. However, the parties also recognize that such substantial changes and improvements can have a far reaching effect on the job status of employees. For the

- 62 -

purpose of this Agreement, technological change shall mean a significant change in methods, process and means of operating which result in a job redundancy. In the event of such technological change, the parties to this Agreement agree to proceed on the following basis:

(a) When the Company introduces technological change they shall meet with the Union committee to discuss the installation, the number and classifications of employees affected by such change;

(b) In consultation with the Union, and subject to the provisions of this Agreement, the Company shall provide on the job training opportunity up to a maximum of one month for employees whose jobs become redundant in order that such employees may become qualified to perform other bargaining unit jobs to which their seniority would entitle them.

ARTICLE 33 INTERNATIONAL AID AND DEVELOPMENT

33.01 The Company agrees to deduct on a weekly basis the amount of (not less than $0.01)

- 63 -

per hour from the wages of all employees in the bargaining unit for all hours worked and, prior to the 15th day of the month following, to pay the amount so deducted to the “Humanity Fund” and to forward such payment to United Steelworkers of America National Office, 234 Eglinton Avenue East, Toronto, Ontario M4P 1K7, and to advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment has been made, the amount of such payment and the names of all employees in the bargaining unit on whose behalf such payment has been made.

It is understood and agreed that participation by any employee in the bargaining unit in the program or deductions set forth above may be discontinued by any employee in the bargaining unit after the receipt by the Company and the local Union of that employee’s written statement of his/her desire to discontinue such deductions from his/her pay which may be received during the four weeks ratification of this Agreement or at any time thereafter.

ARTICLE 34 DURATION AND TERM OF AGREEMENT

34.01 This Agreement shall become effective on the December 1st 2014, and shall continue

- 64 -

to effect up to and including the 30th day of November, 2017.

34.02 Either party desiring to renew or amend this Agreement may give notice in writing of its intention during the last ninety (90) days of its operation.

34.03 If notice of the intention to renew or amend is given by either party pursuant to the provisions of the preceding paragraph, such negotiations shall commence not later than fifteen (15) days after such notice or as soon thereafter as is mutually agreed.

34.04 If pursuant to such negotiations, an Agreement is not reached on the renewal or amendment of the Agreement prior to the current expiration date, the Agreement shall continue to effect in accordance with the terms of the Ontario Labour Relations Act.

- 65 -

IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the day and year first above written.

SAPA CANADA INC.

UNITED STEELWORKERS LOCAL 13571-20

- 66 -

APPENDIX “A” RE WAGES & CLASSIFICATIONS

Employees shall be subject to wage progression. For greater clarity, and after successful completion of the probationary period, the wage rate for employees shall be the “C” wage rate in the applicable classification grouping.

Employees will progress to the next higher wage rate in the classification grouping subject to; 1) the completion of 1040 hours (including probationary hours worked), and 2) the successful completion of written and practical competency tests issued by the Company.

Employees will continue to progress to the next higher wage rate in the classification grouping after; 1) the completion of 1040 hours worked at each wage rate in the classification grouping, and 2) the successful completion of written and practical competency tests issued by the Company.

Employees will progress to a maximum of the “A” wage rate, or the “A-1” wage rate in the classification grouping, as the case may be.

Wage progression shall not apply to Journeymen, Leadhands and AZ Drivers, so long as they continue to be employed by the Company in the capacity of Journeymen, Leadhands and AZ Drivers.

- 67 -

The following rates will be in effect for the term of this Agreement:

PRODUCTION

Existing

Classification

Dec 01,

2017

Dec 01,

2018

Dec 01,

2019

Dec 01,

2020

2.0% 2.0% 2.0%

Cell Lead $27.99 $28.55 $29.12 $29.70

A1 $25.99 $26.51 $27.04 $27.58

A $24.69 $25.18 $25.69 $26.20

B $24.15 $24.63 $25.13 $25.63

C $23.79 $24.27 $24.75 $25.25

D $21.79 $22.23 $22.67 $23.12

E $19.74 $20.13 $20.54 $20.95

F $19.32 $19.71 $20.10 $20.50

Probation $19.03 $19.41 $19.80 $20.20

- 68 -

MATERIAL HANDLER

Existing

Classification

Dec 01,

2017

Dec 01,

2018

Dec 01,

2019

Dec 01,

2020

2.0% 2.0% 2.0%

A1 $25.99 $26.51 $27.04 $27.58

A $24.69 $25.18 $25.69 $26.20

B $24.15 $24.63 $25.13 $25.63

C $23.79 $24.27 $24.75 $25.25

D $21.79 $22.23 $22.67 $23.12

E $19.74 $20.14 $20.54 $20.95

F $19.32 $19.71 $20.10 $20.50

Probation $19.03 $19.41 $$19.80 $20.20

- 69 -

Maintenance

Existing

Classification

Dec 01,

2017

Dec 01,

2018

Dec 01,

2019

Dec 01,

2020

2.0% 2.0% 2.0%

Maintenance

Technician $31.99 $32.63 $33.28 $33.95

Maintenance

Technician -

Level 2 $31.50 $32.13 $32.77 $33.43

Maintenance

Technician -

Level 1 $30.50 $31.11 $31.73 $32.37

Journey man $29.50 $30.09 $30.69 $31.31

Grade A-1 $28.43 $29.00 $29.58 $30.17

Grade A $26.88 $27.42 $27.97 $28.53

Grade B-1 $26.33 $26.86 $27.39 $27.94

Grade B $25.79 $26.31 $26.83 $27.37

Grade C $23.79 $24.27 $24.75 $25.25

- 70 -

Dec 01

2017

Dec 01

2018

Dec 01

2019

Dec 01

2020

2% 2.0% 2.0%

27.99 28.550 29.121 29.703

25.99 26.510 27.040 27.581 Certified for 5 positions




20.79 21.206 21.630 22.063 1040 Hrs

19.74 20.135 20.537 20.948 1040 Hrs

19.32 19.706 20.101 20.503 1040 Hrs

19.03 19.411 19.799 20.195 1040 Hrs

Dec 01

2017

Dec 01

2018

Dec 01

2019

Dec 01

2020

2% 2.0% 2.0%

25.99 26.510 27.040 27.581 Shipping Lead

24.69 25.184 25.687 26.201 S/R ability + 2 production position

24.15 24.633 25.126 25.628 S/R ability + 1 production position

23.79 24.266 24.751 25.246 Full Rate

20.79 21.206 21.630 22.063 1040 Hrs

19.74 20.135 20.537 20.948 1040 Hrs

19.32 19.706 20.101 20.503 1040 Hrs

19.03 19.411 19.799 20.195 1040 Hrs

Dec 01

2017

Dec 01

2018

Dec 01

2019

Dec 01

2020

2% 2.0% 2.0%

31.49 32.12 32.76 33.42 PLC Certificate

31.50 32.13 32.77 33.43 4 modules completed

30.50 31.11 31.73 32.37 2 Modules completed

29.50 30.09 30.69 31.31 Red Seal Millwright or Electrician

28.43 29.00 29.58 30.17 10000 Hrs Electrician

26.88 27.42 27.97 28.53 8000 Hrs Millwright

26.33 26.86 27.39 27.94 6000 Hrs

25.79 26.31 26.83 27.37 4000 Hrs

23.79 24.27 24.75 25.25 2000 Hrs

Grade B

Grade C

Grade A-1

Grade A

Grade B-1

E

Probation

Shipping Receiving

Existing Classification

C

D

Maint Tech Level 2

Maint Tech Level 1

Journey man

F

Probation

Maintenance


Maitenance Tech Full

A1

A

B

C

D

Production

E

F


Cell Lead

A1

A

B

- 71 -

APPENDIX "B" RE 12 HOUR SHIFT SCHEDULES

For those employees working on a 12-hour shift schedule, it is recognized that Article XI Seniority, Article XII Hours of Work and Overtime, and Article XIII - Shift Premium, are affected as follows: 1. Article 11.01(a) applicable

2. Article 11.01(b) applicable but change reference from “five day trial period” to “24 hours of work”.

3. Article 11.02 applicable









- 72 -



14. Article 12.02(a) superseded as follows:

The normal workweek shall consist of an average of 42 hours per week over a 4-week cycle (2 weeks at 36 hours and 2 weeks at 48 hours, alternating on a weekly basis = 168 hours divided by 4 weeks = 42 hours per week). The normal workday shall consist of 12 hours per day. A 20-minute paid lunch break will be given to all shifts in all departments.

15. Article 12.02(b) applicable

16. Article 12.02(c) superseded as follows:

(a) inapplicable

(b) All work done by an employee on his sixth (6th) or seventh (7th) day of work in a pay period is to be paid for at the rate of double (2 times) the regular hourly rate.

(c) For work performed on a regular shift on Sunday, there shall be a Sunday premium of one dollar ($1.00) per hour worked.

- 73 -

(d) The Company will provide the Union with sixty (60) days notice of the introduction of seven-day work schedules.

17. Article 12.03 superseded as follows:

The Company agrees to schedule for all employees a paid 10 minute rest period during the first 3 hours of work each day, during the second 3 hours of work each day, during the third 3 hours of work each day, and during the last 3 hours of work each day. If an employee works beyond the normal 12-hour shift, then a 20-minute paid lunch break will be given immediately upon expiry of the regular 12-hour shift.


The Company agrees to provide a 20 minute paid wash-up period at the end of each full 12-hour shift. In the event that an employee works an 8-hour overtime shift, the Company agrees to provide a 12 minute paid wash-up period at the completion of each such shift.

19. Article 12.05(a) inapplicable

Article 12.05(b) superseded as follows:

All work performed on a regular scheduled day off. The employee must work his regular

- 74 -

scheduled shifts during the pay period or an equivalent number of regular time hours during the pay period before this shall take effect.




If an employee is required to work fourteen (14) consecutive hours or more, the employee shall be allowed ten dollars ($10.00) for a meal.



All overtime outside of the regular schedule will be considered voluntary.

25. Article 13.01 afternoon shift premium is not applicable; night shift premium as per C.B.A.


Any shift that starts between 2:00 p.m. and 2:00 a.m. shall be considered night shift.


- 75 -


(a) If an employee would normally be scheduled to work on a statutory holiday, he/she will receive 12 hours at his regular straight time hourly rate.

(b) An employee who would normally be scheduled to be off work on a statutory holiday will receive twelve (12) hours’ pay at his regular straight time hourly rate of pay for the following statutory holidays: Family Day, Good Friday; Victoria Day; Canada Day; Civic Holiday; Labour Day and Thanksgiving Day.

(c) For the Christmas shut down period, from December 24 to January 1, employees will be paid on the basis of 44 hours per week at their regular straight time rate which is equal to 8.8 hours per enumerated holiday.

29. This Agreement shall constitute an Appendix forming part of the existing collective bargaining agreement which expires November 30, 2014.

- 76 -

LETTER OF UNDERSTANDING NO. 1 RE

CONTINENTAL SHIFTS

Mr. Courtney Joseph Staff Representative United Steelworkers of America 25 Cecil Street Toronto, Ontario M5T 1N1

Dear Mr. Joseph:

Re: Continental Shifts

This letter will confirm to you the undertakings provided by the Company in the recent collective negotiations.

The Company will take into account the continental shift schedules when planning Christmas shut downs and will provide fourteen (14) days’ notice to the affected employees.

Clarification re Article 15.01.

If a statutory holiday falls on a non regular working day for an employee, all eligible employees will receive holiday payment for such holiday subject to Article 15.04. Yours very truly,

David Reid Plant Manager

- 77 -

LETTER OF UNDERSTANDING NO. 2 RE ARTICLE 27.01(D)


Dear Mr. Joseph:

Re: Article 27.01(d) of the Collective Agreement

This letter will clarify that Weekly Indemnity coverage in the event of an illness commences after an absence of twenty-four hours of scheduled work for the eligible employee, whether such employee is working on an eight-hour shift basis or a twelve-hour shift basis.

Yours very truly,


- 78 -

LETTER OF UNDERSTANDING NO. 3 RE LABOUR

MANAGEMENT COMMITTEE


Dear Mr. Joseph:

Re: Labour Management Committee

A Labour-Management Relationship Committee shall be established consisting of two (2) representatives appointed by the Company and two (2) representatives appointed by the Union. The Committee shall meet once every two months. Time spent by employees in Committee meetings shall be considered time worked and will be compensated at straight time rates of pay.

The purpose of this Committee will be to discuss matters of mutual concern arising from the administration of the collective agreement and to improve communications between the parties.

Items for discussion include but are not limited to workforce reduction, workplace reorganization and training issues. The Committee will share relevant information and assist in achieving a better understanding and co-operative approach to workplace issues.

- 79 -

The Committee will be co-chaired by an employee representative and a Company representative. The Staff Representative of the Union will be allowed to participate in meetings of the Committee at the request of either party.

Yours very truly,


- 80 -

LETTER OF UNDERSTANDING NO. 4 RE ARTICLE

30.03


Dear Mr. Joseph:

Letter of Understanding re Article 30.03

This will confirm the intent of the parties that time spent on Union business pursuant to Article 17.07 of the collective agreement will be considered time worked for the purpose of pension contributions to the Canada Wide Industrial Pension Plan.

Yours very truly,


- 81 -

LETTER OF UNDERSTANDING NO. 5 RE ARTICLE

12.09


Dear Mr. Joseph:

Letter of Understanding re Article 12.09

For the purpose of equitable overtime opportunities pursuant to Article 12.09, Lead Hands will be considered an employee who normally performs the work to be done for the group he/she heads.

Employees who are absent due to holidays, vacation, bereavement leave, union business, jury or Crown witness duty will not be considered to have overtime opportunity during their absence.

Yours very truly,


- 82 -


CONTRACTING OUT

Courtney Joseph Staff Representative United Steelworkers 25 Cecil Street Toronto, Ontario M5T 1N1

Dear Mr. Joseph:

Letter of Understanding re Contracting Out

When the Company is considering contracting out work which is normally performed by employees in the bargaining unit such that a lay-off occurs the Company agrees to notify the Union in advance of its intention in writing and if requested will meet with the Union to discuss any alternative suggestions that the Union wishes to present.

Yours very truly,


- 83 -

LETTER OF UNDERSTANDING NO. 7 RE MEDICAL LETTERS


Dear Mr Joseph:

Letter of Understanding re Medical Letters

In the event that the Company requires an employee who has been absent due to sickness, accident or illness to provide the Company with a medical report, the Company agrees to reimburse the employee up to thirty dollars ($30.00) for this report. It is understood that this clause does not apply to medical reports in connection with an application for weekly indemnity or LTD or a medical note.

For truck drivers, the Company agrees to pay the cost of all medicals required for the performance of their duties (provided the cost of the medical is not covered by Ontario Health Plan).

Yours very truly,


- 84 -


VACATIONS


Dear Mr. Joseph:

Letter of Clarification re. Vacations

In order to clarify the number of shifts of vacation whether the employee is on an eight (8) hour shift or a twelve (12) hour shift, the parties have agreed as follows:

The vacation year runs from July 1 to June 30.

Employees shall be entitled to vacation pay based on the following schedule:

- 85 -

Yours very truly,


Length of service as

of July 1

Eligible vacation time off with pay for the next vacation year earned during the previous year

Less than 1 year (4%)

Employees having less than one (1) year of service shall receive only vacation pay.

1 to 4 years (4%) 10 shifts of 8 hours or 7 shifts of 12-hour duration.



18 to 24 years (10%)

25 shifts of 8 hours or 17 shifts of 12 hour duration

25 plus years (12%)

30 shifts of 8 hour or 20 shifts of 12-hour duration.

- 86 -

LETTER OF UNDERSTANDING NO. 9 RE TRAINING FOR PROMOTION Mr. Courtney Joseph Staff Representative United Steelworkers of America 25 Cecil Street Toronto, Ontario M5T 1N1

Dear Mr. Joseph:

A bargaining unit employee may be provided up to ninety (90) days' training for a promotion outside the bargaining unit without loss of seniority in the bargaining unit. In the event such employee is promoted or remains promoted to a position outside the bargaining unit and subsequently is returned to the bargaining unit by the Company, he/she or she will return to the bargaining unit without any seniority. It is understood by the parties, the selection of candidates is not subject to the seniority provisions of this agreement. This Letter will be effective for all instances covered by the Letter which occur after ratification. Article 11.05 of the collective agreement will be amended accordingly.

Yours very truly,


- 87 -

LETTER OF UNDERSTANDING NO.10 RE 12 HOUR

SHIFT SCHEDULES

December 1, 2014

Mr Courtney Joseph Staff Representative United Steel Workers Of America 25 Cecil Street, Toronto, Ontario M5T-1N1

Dear Mr. Joseph:

Re: Effective September 21, 1999

For the purpose of effectively administering Article # 15.02, with respect to various different shift schedules, the floating holidays will be adjusted to be schedule specific.

Yours very truly,


- 88 -

LETTER OF UNDERSTANDING NO. 11 RE EMPLOYEE

PENSION CONTRIBUTIONS Between:

Sapa Canada Inc. (The Company) And

United Steelworkers Local 13571-20 (The Union)

Re Employee Pension Contributions: An employee in the bargaining unit who so authorizes in writing will have the opportunity to contribute voluntarily to a Group RRSP with individual accounts as arranged by the Company. The amount of individual contribution by the employee will be determined by the employee but is subject any contribution limitations under legislation. There will be a standard authorization form approved by the Company and the Union and any authorization must remain in effect for not less than one year. The employee may change his contribution rate only on an annual basis.

The union on its behalf and on behalf of the bargaining unit employees hereby indemnifies and saves the company harmless against any claims, grievances or other forms of liability that may arise out of or by reason of deductions made under this letter.

Yours very truly,

David Reid, Plant Manager

- 89 -

LETTER OF UNDERSTANDING NO. 12

BETWEEN:

Sapa Canada Inc.

(Hereinafter referred to as “the Employer”

on the first part,

and

United Steel Workers – local 13571-20

(Hereinafter referred to as “the Union”

of the second part

WHEREAS the parties wish that employees may continue to work extra hours as contemplated in the collective agreement;

WHEREAS the parties wish to maintain the current shift schedules as set out in the collective agreement;

AND WHEREAS the ESA, 2000 has been amended to require as of March 1st, 2005, the Director of Employment Standards’ approval for employees to work more than forty-eight (48) hours in a week;

- 90 -

THEREFORE the parties agree as follows: 1. The Employer and the Union agree to cooperate

with one another and make every reasonable effort to secure the necessary permits and approvals required by the Act to work hours in excess of the maximums prescribed by the Act.

2. The Employer and the Union agree that employees may be required to work up to 60 hours per week or 13 hours per day.

3. The Employer and the Union agree that nothing in this Letter of Understanding is intended to, in any way, detract or modify their rights and obligations as contained in the collective agreement.

4. This letter of understanding shall be effective through to the expiry of the collective agreement, including the term that the operation of the collective agreement may be extended by operation of the Labour Relations Act.

5. This agreement may be withdrawn by either party in accordance with the timelines set out in the amended ESA.

Agreed this 1st day of December, 2014 at the city of Toronto, Ontario.

FOR THE EMPLOYER: FOR THE UNION:

David Reid Courtney Joseph

- 91 -


Apprenticeship Program

Maintenance Mechanics & Electricians 1. There will be established apprenticeship programs for Maintenance Mechanics and Maintenance Electricians in accordance with the Ontario Ministry of Skills Development Regulations pertaining to Industrial Mechanic (Millwright) and Industrial Electrician. 2. The Maintenance Mechanic apprenticeship shall consist of four periods of related training and work experience training of 2,000 hours per period. The Maintenance Electrician apprenticeship shall consist of five periods of related training and work experience training of 2,000 hours per period. 3. Apprenticeship vacancies will be posted in accordance with the collective agreement. 4. The educational requirement for consideration to enter either Apprenticeship is successful completion of a College Level technical Math. (Recent proof within 5 years to be provided). The Company will reimburse employees who successfully complete a College Level technical Math course. 5. Other selection criteria shall include mechanical/electrical aptitude, previous mechanical/electrical experience, job performance, and oral and written communication skills. Considering the above 4 & 5 are part of the selection criteria the Company maintains the right to select candidates to

- 92 -

enter the apprenticeship program. All things being relatively equal between two candidates, seniority will govern. 6. Apprentices will be required to sign a Contract of Apprenticeship with the Company and attend the required apprenticeship Community College courses. 7. The rates of pay and classifications of the apprenticeship program to be established. The Company reserves the right to provide a rate of pay in excess of the classification rate of pay due to local labour market conditions or the employee has attained significant experience in this trade. 8. While attending the required Community College courses, the Company will pay the apprentice the difference between what the apprentice receives as an allowance from the Provincial Government and his regular weekly earnings. 9. Time in attendance at Community College courses will be considered as time worked for the purposes of the collective agreement. For vacation pay purposes the apprentice's allowance from the Provincial Government for time in attendance at Community College courses shall be considered as "earnings". 10. If an apprentice fails to secure the required pass mark in a particular Community College course, he/she will be given the opportunity to attend the next available school term. Failure to obtain Certificate of Qualification within three trials will result in removal from the apprenticeship program. The Apprentice will

- 93 -

provide the Company with a copy of all marks obtained from each course as soon as these marks are available to the Apprentice. Failure to obtain Certificate of Qualification within two trials will result in removal from the apprenticeship program. 11. The Company will pay the cost of the apprenticeship registration fee however in the event that the employee voluntarily withdraws from the program within the first term of the program the company will recover the fee from the employee. 12. Upon successful completion of each school term, the company will reimburse the apprentice for their course fee. 13. In the event that there are no eligible applicants internally for the apprenticeship program the Company may recruit externally at any level of the program.



- 94 -


Re Cross Training (Production, Shipping &

Maintenance) The Company and the Union jointly believe in the importance of ensuring a sustainable future for the employees at the Toronto Cast Facility through the enhancement of the skills of all employees. In order to give employees the opportunity of becoming qualified to exercise bumps and promotions where applicable, the Company will make reasonable efforts dependent on business conditions, to provide training opportunities, for the purposes of cross-training. In addition the Company will cross train within shifts in order to provide coverage for situations such as absenteeism, leaves of absences and vacation coverage. This letter will apply to the Production, Shipping and Maintenance Departments however production and shipping employees are not qualified to be cross trained in the duties of the skilled classifications in Maintenance. The Company and Union agree to work together to administer, coordinate, and implement all plant wide training to provide such coverage and skills enhancement and that any time spent participating in such agreed to training activities will be paid at the employee's applicable rate of pay.

- 95 -

Employees are required to cooperate with the Company on all cross-training initiatives.



- 96 -

LETTER OF UNDERSTANDING NO.15

Temporary Employees

It is understood that the Company may employ temporary employees or use the services of temporary employees provided by a third party or agency. A temporary employee is an employee identified by the Company as temporary at the time of his employment. Such employees are not bargaining unit employees. It is not the intent of the Company to use temporary employees in a manner that would cause the layoff of a bargaining unit employee. The use of any temporary employee will be limited to a customer requirement (i.e. Quality inspections) only. Company shall be limited to have no more than 4 temporary workers at any one time in the Plant (ie) one per shift.



- 97 -


Pre-shift Meetings & Post Shift Wash-up times

The necessity for communication in the Toronto Cast Facility is of the utmost importance to ensure all employees are aware of safety, quality and operational issues in a timely manner.

In order to facilitate the daily communication process all employees are required to clock in, be present (dressed and ready) at their pre-shift meeting for a period of 15 minutes immediately prior to their shift start time.

Employees are also required to punch out after their shift no earlier than 12:00 p.m. or 12:00 a.m. depending upon shift schedule.

In consideration of the above, the Company will pay the employees 50 minutes at straight time which will incorporate their wash up time. Failure to comply with the above will result in non payment for this time. This agreement pertains to those on the 12 hour shift rotation only.



- 98 -

LETTER OF UNDERSTANDING NO. 17 re Ontario

Health Premium & Employer Health Tax


Dear Mr. Joseph

Letter of Understanding re Ontario Health Premium & Employer Health Tax

This letter will confirm the agreement reached between the parties in collective bargaining that the Employer will continue to be responsible for the Employer Health Tax and that the employees will continue to be responsible for the Ontario Health Premiums established commencing July 1, 2004.

Yours truly,


- 99 -

LETTER OF UNDERSTANDING NO. 18 RE HOURS

OF WORK AND OVERTIME

ARTICLE 12.02 (B)


Dear Mr. Joseph

Letter of Understanding re Hours of Work and Overtime, Article 12.02 (b)

This letter will confirm the agreement reached between the parties in collective bargaining in respect of the changes to Article 12.02 (b).

The removal of the right not to work regular Saturday and Sunday shifts which was granted to employees of the Company as of January 28, 1977 under the expired collective agreement will be considered a layoff for each of these employees under the provisions of the current collective agreement. Accordingly, the provisions of Article 11.01 will apply to those employees on the removal of this right.



- 100 -


RE USW LIFE LINE


Dear Mr. Joseph

Letter of Understanding re USW Life Line

This letter will confirm the agreement on the part of the Company to review and consider an annual contribution to the USW Life Line program.

Yours very truly,


- 101 -


RE: VISION COVERAGE BENEFITS

This letter will confirm the amendment to Article 27.01 (f):

The Company agrees to contribute up to two hundred twenty-five dollars ($225.00) effective November 1, 2016 per employee and per their eligible dependents once every two (2) years for prescription and safety glasses.

The Company agrees to provide prescription safety glasses of a type approved by the Company, to those employees requiring same. The amount of the Company’s contribution is the same as set out above.

- 102 -


Between:

SAPA CANADA INC. (the “Company”)

-and-

UNITED STEEL, PAPER AND FORESTRY, RUBBER,

MANUFACTURING, ENERGY, ALLIED-INDUSTRIAL AND SERVICE

WORKERS INTERNERATIONAL UNION (THE

STEELWORKERS) (the “Union”) Whereas the Company has established rates of pay for the Maintenance Technician (electro-mechanic) position when obtaining a PLC license;

And whereas this rate schedule is in conjunction to the Letter of Understanding No.17 – Maintenance Technician (electro-mechanic) and applies to all current and future Maintenance Technicians who work at obtaining a PLC license at the Toronto Cast facility;

As the current program to obtain a PLC license consists of five (5) modules, the wage schedule will be broken down as follows:

1) Upon successful completion of the first two (2)

modules, the Maintenance Technician will

- 103 -

receive one dollar ($1) increase to the

Journeyman rate.

2) Upon successful completion of the third and

fourth modules, the Maintenance Technician

will receive an additional one dollar ($1)

increase to current rate.

3) Upon successful completion of the full PLC

program including receipt of the PLC License,

the Maintenance Technician will receive an

additional forty-nine cents ($0.49) increase to

current rate.

If the incumbent does not successfully complete the full program, the rate will remain current at the level he/she or she last achieved.

- 104 -

2018 Scheduled Floaters


- 105 -



- 106 -

EXCERPTS TO THE COLLECTIVE AGREEMENT

(Subject to the Occupational Health and Safety Act, R.S.O. 1994 as amended, and it’s Regulations.)

Section 43: REFUSAL TO WORK Refusal to work (3) A worker may refuse to work or do particular

work where he/she or she has reason to believe that, (a) any equipment, machine, device or thing

the worker is to use or operate is likely to endanger himself, herself or another worker;

(b) the physical condition of the workplace or the part thereof in which he/she or she works or is to work is likely to endanger himself or herself; or

(c) any equipment, machine, device or thing he/she or she is to use or operate or the physical condition of the workplace or the part thereof in which he/she or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3).

Report of refusal to work (4) Upon refusing to work or do particular work,

the worker shall promptly report the circumstances of the refusal to the worker’s

http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90o01_f.htm#s43s3


- 107 -

employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of,

(a) a committee member who represents workers, if any;

(b) a health and safety representative, if any; or

(c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them,

who shall be made available and who shall attend without delay. R.S.O. 1990, c. O.1, s. 43 (4).

Worker to remain near work station (5) Until the investigation is completed, the worker

shall remain in a safe place near his or her work station. R.S.O. 1990, c. O.1, s. 43 (5).

Refusal to work following investigation (6) Where, following the investigation or any steps

taken to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable grounds to believe that,

(a) the equipment, machine, device or thing that was the cause of the refusal to work or do particular work continues to be



- 108 -

likely to endanger himself, herself or another worker;

(b) the physical condition of the workplace or the part thereof in which he/she or she works continues to be likely to endanger himself or herself; or

(c) any equipment, machine, device or thing he/she or she is to use or operate or the physical condition of the workplace or the part thereof in which he/she or she works or is to work is in contravention of this Act or the regulations and such contravention continues to be likely to endanger himself, herself or another worker,

the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof. R.S.O. 1990, c. O.1, s. 43 (6).

Investigation by inspector (7) An inspector shall investigate the refusal to

work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c). 2001, c. 9, Sched. I, s. 3 (11).

Decision of inspector (8) The inspector shall, following the investigation

referred to in subsection (7), decide whether the machine, device, thing or the workplace or



- 109 -

part thereof is likely to endanger the worker or another person. R.S.O. 1990, c. O.1, s. 43 (8).

Idem (9) The inspector shall give his or her decision, in

writing, as soon as is practicable, to the employer, the worker, and, if there is such, the person mentioned in clause (4) (a), (b) or (c). R.S.O. 1990, c. O.1, s. 43 (9).

Worker to remain at a safe place pending decision (10) Pending the investigation and decision of the

inspector, the worker shall remain at a safe place near his or her work station during the worker’s normal working hours unless the employer, subject to the provisions of a collective agreement, if any,

(a) assigns the worker reasonable alternative work during such hours; or

(b) subject to section 50, where an assignment of reasonable alternative work is not practicable, gives other directions to the worker. R.S.O. 1990, c. O.1, s. 43 (10).

Duty to advise other workers

(11) Pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device or thing or to work in the workplace or in the part of the workplace being investigated unless, in the presence of a person described in subsection (12), the worker has been advised of the other worker’s refusal and of his or her




- 110 -

reasons for the refusal. R.S.O. 1990, c. O.1, s. 43 (11).

Idem (12) The person referred to in subsection (11) must

be,

(a) a committee member who represents workers and, if possible, who is a certified member;

(b) a health and safety representative; or

(c) a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is no trade union, by the workers to represent them. R.S.O. 1990, c. O.1, s. 43 (12).

Entitlement to be paid (13) A person shall be deemed to be at work and

the person’s employer shall pay him or her at the regular or premium rate, as may be proper,

(a) for the time spent by the person carrying out the duties under subsections (4) and (7) of a person mentioned in clause (4) (a), (b) or (c); and

(b) for time spent by the person carrying out the duties under subsection (11) of a person described in subsection (12). R.S.O. 1990, c. O.1, s. 43 (13).



- 111 -

Section 50: REPRISALS BY EMPLOYER

PROHIBITED

No discipline, dismissal, etc., by employer (1) No employer or person acting on behalf of an

employer shall,

(a) dismiss or threaten to dismiss a worker;

(b) discipline or suspend or threaten to discipline or suspend a worker;

(c) impose any penalty upon a worker; or

(d) intimidate or coerce a worker,

because the worker has acted in compliance with this Act or the regulations or an order made there under, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act. R.S.O. 1990, c. O.1, s. 50 (1).

Section 28: DUTIES OF WORKERS (1) A worker shall,

(a) work in compliance with the provisions of this Act and the regulations;

(b) use or wear the equipment, protective devices or clothing that the worker’s employer requires to be used or worn;

(c) report to his or her employer or supervisor the absence of or defect in

- 112 -

any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and

(d) report to his or her employer or supervisor any contravention of this Act or the regulations or the existence of any hazard of which he/she or she knows.

Idem (2) No worker shall,

(a) remove or make ineffective any protective device required by the regulations or by his or her employer, without providing an adequate temporary protective device and when the need for removing or making ineffective the protective device has ceased, the protective device shall be replaced immediately;

(b) use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker; or

(c) engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.

-Notes-

i, hereby certify receip of a copy of the dec · 2018-01-23 · memorandum as constituting full...

Documents