ontario - collective agreement between teamsters local union … · 2016. 4. 15. · collective...

Collective Agreement Between

Teamsters Local Union No. 419 (hereinafter referred to as the Union)

And Versacold Logistics

Shipping & Transportation Division Clerks and C.S.R.s

(hereinafter referred to as the Company)

November 1, 2011 to October 31, 2015

Teamsters Local 419 and Versacold Logistics Office (Trans. Clerks & CSRs)

ARnCLE 1 -JOINT LABOUR/MANAGMENT

1.01 The Company, the Business Agent and the Steward body agree to meet at least every two (2) months, for the purposes of promoting co-operation between the Company and the bargaining unit. The parties shall prepare an agenda beforehand listing issues to be discussed relating to the workplace.

ARTICLE 2- SCOPE AND RECOGNITION

~ 2.01 The Company recognizes the .Union as the sole and exclusive bqrgaining agent

for all employees of Versacofd ·Group Shipping and Transport Division, and employees employed as Customer-Service Representatives on the Order Desk in the City of Brampton, save and except supervisors, persons above the rank of supervisor, sales staff, inventory control, drivers, and those employees covered under a subsisting Collective Agreement and persons for whom any trade union held bargaining rights under the Labour Relations Act as of October 17, 2003.

2.02 It is understood that the operation and Management of the Company shall be vested in the Company subject to the provisions of the Agreement and the bargaining rights of the Union.

2.03 The word "employee" or "employees" wherever used in the Agreement shall mean respectively an employee or employees in the bargaining unit, and wherever the feminine gender is used in this Agreement, it shall include the masculine gender.

2.04 Part-time, Casual & Student employees shall all have the same meaning and are covered by the Collective Agreement Only as specifically set out in Appendix "A" to this Agreement.

2.05 Employees not covered by this Agreement shall not perform work normally performed by members of the bargaining unit, except:

(a) For the purpose of instruction or training, or

(b) For situations requiring immediate action .

. (c) cases where insufficient number of qualified bargaining unit members accept

overtime.

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2.06 The Company agrees not to enter into any agreement or contract with its employees, individually or collectively, which in any way conflicts with the terms and conditions of this Agreement.

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The management of the Company and direction of employees are fixed exclusively with the Company and shall remain solely with the Company, except as specifically limited by the provisions of this Collective Agreement. Without restricting the generality of the foregoing, it is the exclusive function of the Company to:

(a) Maintain order, discipline, and efficiency;

(b) Hire, assign, retire, direct, promote, demote, classify, transfer, lay-off, recall, and suspend, discharge or otherwise discipline employees for just cause, subject to the right of an employee to grieve to the extent and manner provided herein if the provisions of the Collective Agreement are violated in the exercise of these rights;

(c) Determine the nature and kind of business conducted by the Company, the kinds and locations of equipment used, materials used, the methods and techniques of work, the hours of work, work assignments, the schedules of work, the number of personnel to be employed, classifications and the qualifications for positions, and the extension, limitation, curtailment or cessation of operations;

(d) Make and enforce and alter from time to time reasonable rules and regulations to be observed by employees, and provide a copy of such rules and regulations as may be made from time to time to employees and the Union.

3.02 No practices, customs or other terms and conditions of employment in effect prior to the coming into force of this Collective Agreement shall continue unless negotiated and expressly specified in this agreement.

ARTICLE 4 - UNION SECURITY

4.01 All employees who are presently employed by the Company must, as a condition of employment, become and/or maintain their Union membership in good standing. For the purposes of this Agreement, the sole definition of membership in good standing means that they must pay in accordance with the· provisions of


this Agreement, the regularly prescribed initiation fee, regular monthly Union dues, and periodic assessments uniformly required of all members in the bargaining unit.

4.02 The Company agrees that when it hires new employees, th.e Company shall have such new employees fill in the required Union Application for membership cards prior to commencing work and mail same in to the Union office immediately. In addition, give the new employee a copy of the Collective Agreement and enable the employee to meet the Union Steward and allow a fifteen (15) minute orientation meeting at a time mutually agreed upon as part of the induction training program.

4.03 The Company shall deduct and pay over to the Secretary-Treasurer of the Union, any monthly Union dues, Initiation fees and/or assessments which may be levied in accordance with the Union's By-laws, owing by said employees hereunder to the Union. The Company shall deduct the monies monthly, and remit such monies to the Secretary-Treasurer of the Union on or before the twentieth (20th) day of the current month in which the monies are deducted, together with one {1) copy of the check-off list as above mentioned.

4.04 The Company will, at the time of making each remittance hereunder to the Secretary-Treasurer of the Union, update the Union,s Pre-Billing statement showing the following information from whose pay deductions have been made. The Secretary Treasurer of the Union shall notify the Company in writing of any change in the amount of Union dues and such notification shall be the Company's authorization to make the deductions spec:ified.

(a) All monthly dues for members to be submitted with current address, postal code and Social Insurance Number and hourly rate.

(b) Twelve (12) checkoffs per year (calendar month).

(c) Monthly:

- New members to be listed in alphabetical order with current address, postal code, Social Insurance Number and date of hire.

- Terminations or resignations to be clearly identified with current address, postal code Social Insurance Number and date of termination or resignation.

- Addresses to be updated as well as name changes i.e. marriage.


4.05 The Company will list the annual regular Union dues paid by each employee on his Income Tax T-4 Statement.

4.06 The Union agrees to indemnify and save the Company harmless against all claims or other forms of liability that may arise out of, or by reason of, deductions made or payments made in accordance with this Article

4.07 The Company agrees to deduct Union dues from part-time employees in the same manner as full-time employees providing they have worked twenty-four (24) hours in a month.

4.08 Bargaining unit employees will be paid on a bi-weekly basis

ARTICLE 5 - UNION REPRESENTATION

5.01 The Company recognizes the right of the Union to elect or appoint a Union Steward from among employees in the bargaining unit. However as long as the two current union stewards are incumbent there shall be two (2) union stewards. For further clarification, if either of the two current stewards is promoted, leave the employ of the company, or resign their duties as union steward, the position will not be refilled.

5.02 The Union shall advise the Company in writing of the name of the Steward, who shall be an employee who has completed her probationary period, at the time of signing of the Agreement and within five ( 5) days of any change of an employee selected to so act during the term of the Agreement.

5.03 The Union acknowledges that the Steward has regular work to perform and that the Steward shall only absent herself from such work with the permission of her Supervisor, which permission shall not be unreasonably withheld, and upon resuming her regular duties, she shall again report to her Supervisor. The Steward shall not lose pay for time spent during her regular scheduled working hours in the presentation of grievances or in any other union business with the company including the renewal of this collective agreement.

5.04 An authorized representative of the Union shall have access to the Companls establishment when in the accompaniment of an authorized official of the Company during working hours for the purpose of adjusting disputes, provided that the permission of the Company is obtained beforehand, such permission not to be unreasonably withheld.


5.05 The Company will recognize the Union Steward selected in accordance with the Union rules and regulations as the representative of the employees in the respective groups for which she is chosen, and hereby recognizes that the power to appoint and removal thereof is solely vested with the Union.

5.06 The Company agrees, with prior written notice, to recognize any employees, appointed by the Union Steward, to act as alternate Steward to assist in the presentation of grievances, in the event that the Steward is absent from work.

5.07 If the Company discharges the Union Steward, the Union shall be confidentially advised prior to such discharge and she shall have the right to representation from her Union Business Representative. The meeting is to be held within twenty-four hours.

5.08 The Company will confirm any disciplinary action against an employee to the employee in writing with a copy to the Union Steward within seven (7) working days. The Company will also provide a copy to the Union for suspensions and discharges.

5.09 The Company agrees to allow up to a maximum of sixteen (16) hours per collective agreement year off work without loss of regular straight time pay for stewards to attend educational courses sponsored by the Union. The maximum of sixteen (16) hours is a total for either one steward or all stewards. The Union will give a minimum of two (2) weeks advance notice in writing for any steward who will be off work to attend educational courses sponsored by the Union.

5.10 In the case of suspension or discharge or any verbal or written warning which becomes a part of the employee's record, a steward shall be present to represent the employee.

ARTICLE 6 - GRIEVANCE PROCEDURE

6.01 The Company and the Union agree that it is the purpose of the grievance procedure to settle any complaints and disagreements concerning the employees, the Union, and the Company, without, so far as possible, resort to arbitration. The parties further agree that the settlement of any grievance shall not conflict with the provisions of the Agreement.

6.02 It is the mutual desire of the parties that complaints of employees shall be addressed as quickly as possible and it is understood that an employee and a steward or a steward representing a group of employees, shall first give their immediate supervisor an opportunity of adjusting a complaint. Failing a


satisfactory settlement, a complaint may be taken up as a grievance in the following manner:

6.03 Any complaint, disagreement or difference of opinion between the Company, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement may be considered a grievance and shall be adjusted and settled with the terms and conditions set forth in this agreement.

6.04 Step One

The employee(s) and a steward will meet with the Operations manager and submit a written grievance. Any such grievance must be delivered to the operations manager within seven (7) calendar days after the circumstances giving rise to the grievance occurred. The nature of the grievance, the relevant provisions of the collective agreement, and the remedy sought shall be set out in the grievance.

The Company will then deliver a decision in writing within five (5) calendar days following the day on which the grievance was presented. Failing settlement at Step 1 then:

6.05 Step Two

Failing settlement under Step One, the matter wil l be taken to Step Two. The Union designate shall be the Union Representative, and the Company designate shall be the senior person responsible for the function or his designate. The grievance may be resolved by agreement and the decision shall be final and binding. This meeting must be conducted once a month and the grievor and his steward shall be present and will not suffer any loss of wages.

6.06 A grievance arising directly between the Company and the Union (which could not normally be grieved by an individual employee) shall be initiated at Step 2. Any grievance by the Company or the Union as provided herein shall be commenced within ten (10) calendar days after the circumstances giving rise to the grievance have occurred.

6.07 Extension of Time Limits

Any and all time limits set forth in Article 6 for the taking of action by either party or by an employee may be extended at any time by mutual agreement of

· the parties, which shall be confirmed in writing.

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Teamsters Local419 and Versacold Logistics Office (Trans. Clerks & CSRs)

6.08 A claim by an employee that he has been unjustly suspended or discharged shall be a proper subject for a grievance if a written statement of such grievance is lodged at Step 2 of the grievance procedure within five (5) calendar days after the employee receives notice of the discharge or suspension. If a suspension is grieved, the Company may elect not to put the suspension into effect until the grievance is settled, abandoned, or determined by reference to arbitration.

6.09 If an employee is discharged in the workplace, such discharge will take effect immediately upon the employee being advised of the discharge, except that the employee may promptly have a ten (10) minute interview with his Steward, then he will immediately leave the premises.

6.10 Any action or decision in respect of any employee shall not be based on any item in his personnel record which has been on file for more than thirty-six (36) months

6.11 Any employee, with twenty-four (24) hours' notice and on his/heli own time, shall be allowed to inspect his/her own personnel file. The Business Representative acting on behalf of the Union, with the written permission of the employee, shall be permitted to inspect the personnel file of the employee upon reasonable notice of such request. Any inspection will be in the presence of a company designate.

6.12 All decisions arrived at between the representatives of the union and the Company shall be in writing and shall be final and binding upon the Company, the union and the employee or employees concerned.

6.13 Where no answer is given within the time limits specified in the grievance procedure, the Union or the Company shall be entitled to submit the grievance to the next Step in the grievance procedure.

ARTICLE 7 - ARBITRATION

7.01 Failing settlement under Step 2 of any grievance between the parties arising from the interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be taken to Arbitration as hereinafter provided. If no written request for Arbitration is received within a twenty (20) day period of time after the decision in Step 2 is given, the grievance shall be deemed to have been abandoned

· without prejudice.

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7.02 The written notice referred to in Article 7.01 shall contain the names of three (3) proposed arbitrators. The recipient of such notice shaill agree to one (1) of the above-mentioned arbitrators or propose the names of three (3) different arbitrators in the written reply thereto. If the parties fail to agree upon an arbitrator, the arbitrator shall be appointed by the Ministry of Labour in accordance with the Ontario Labour Relations Act.

7.03 The arbitrator appointed shall hear and determine the grievance and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it.

7.04 The arbitrator shall not be authorized to make any decision inconsistent with provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

7.05 The parties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister of Labour.

7.06 Any and all time limits fixed by Article 7 for the taking of action by either party may be extended at any time by mutual agreement of the parties, which shall be confirmed in writing.

7.07 The Company and the union agree that grievances may be selected to be heard in an expedited format by mutual agreement. In the event there is no agreement the grievance will proceed through the normal course of arbitration described above.

In the expedited format the parties themselves (managers for the Company and steward for the union) will present their own cases before the arbitrator. The parties will not be permitted to cite legal cases in argument. Decisions in the expedited process will be final and binding but non-precedent setting.

Arbitrators must be selected by mutual agreement and must be able to convene a hearing within thirty days of the referral. For expedited cases, arbitrators shall be instructed to render an oral decision on the day of the hearing or a written decision no more than forty eight hours following the hearing.

7.08 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.

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ARTICLE 8 - SENIORITY

8.01 Overall Seniority shall be based on an employee's length of continuous service from the date the employee was last hired by the Company.

8.02 (a) An employee shall not have seniority and shall be considered on probation until he has completed seven hundred and twenty (720) hours of actual work. A probationary employee may be terminated in the sole discretion of the Company. In any grievance concern'ing a termination of a probationary employee the arbitrator shall have no jurisdiction to overturn the termination or modify the penalty in any way unless the Union establishes that the discharge was made in bad faith.

(b) Employees who are hired on the same day shall have their seniority determined by last 3 digits of their SIN number

(c) Upon completion of the probationary period, the employee's name shall be placed on the seniority list with seniority dating from the date he was last hired by the Company.

8.03 A seniority employee who is laid off will continue to be eligible to participate in group life insurance, accidental death and dismemberment insurance, extended health and dental insurance benefits for a period of up to a maximum of two (2) months fmm the date of layoff.

8.04 For the purposes of layoff and recall, employees will only have rights within their own classification, meaning there will be no cross classification bumping.

8.05 Where the Company determines to reduce the work force the Company will layoff employees in a classification in reverse order of seniority, provided the remaining employees have the qualifications, skill and ability to perform the work. The Company agrees that part-time employees will not be assigned work if there are regular employees on layoff who have the qualifications, skill and ability to perform the work and are ready, willing and able to do so, to be reassessed on a day to day basis.

8.06 Employees who have not forfeited their seniority rights as hereunder provided shall be recalled in order of seniority, skill and ability being sufficient.

8.07 A seniority list shall be placed on the bulletin board. It will be revised by the Company at least every 6 months and copies of this list will be forwarded to the Union. The Company will periodically advise the Union as to any change in an

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employee's address, telephone number, Social Insurance Number or employee classification, when the Company becomes aware of any such change.

8.08 Temporary Recall

(a) When temporarily recalled, laid off employees shall be paid the appropriate rate of pay for the classifications in which they are working;

(b) When temporarily recalled, laid off employees will be given preference of available hours of work before part-time employees, providing they have the skill and ability to perform the work

8.09 The Union Steward shall be the last employees laid off, and their lay-off shall be in reverse order of their respective seniority within the bargaining unit. Once elected, the steward shall remain with the branch for the duration of his term.

8.10 Loss of Seniority

Seniority rights and employment shall cease for any of the following reasons:

(1) Quits or retires from the employ of the company;

(2) if an employee is discharged and the discharge is not reversed through the grievance procedure;

(3) Has been absent from work for more than three (3) working days without notifying the Company and providing a bona fide reason for this absence.

( 4) Fails to return to work promptly upon termination of an authorized leave of absence, except in case of a bona fide emergency.

(5) Fails to report for work within four ( 4) calendar days after being notified by registered mail, courier, or telephone to return to work following layoff, unless the failure to report is due to circumstances beyond the employee's reasonable control, and provided the anticipated length of the recall is at least 10 working days. In the event there are more employees on layoff than the number of recalls, senior employees can decline to the extent that the recalls are filled by junior employees;

(6) is laid off for a period of more than twelve (12) months


(7) Utilizes a leave of absence for purposes other than those for which the leave of absence was granted;

8.11 In the event an employee is displaced from employment as a result of a closure or a permanent lay-off:

(a) One weeks' notice, or pay in lieu of notice per year of service up to a maximum of eight (8) weeks.

(b) One (1) week's pay at his regular non-overtime rate per year of service, up to a maximum of 26 weeks providing that the employee has been employed by the Company for more than five years;

(c) Health and welfare benefits will continue for a period equal to the notice period subject to the provisions in Article 15.

Should any employee commence work elsewhere and receive Health & Welfare benefits coverage that takes effect prior to the expiry date of the Company's above notes benefits, the employee shall immediately notify the Company of the effective date of the new coverage, and the Company shall be authorized to discontinue the employee's coverage as of that date.

8.12 All employees must advise the Company and the Union in writing of their home address and telephone number and employees must promptly notify the Company in writing of any change in their home address and/orr telephone number. The Company shall be entitled to rely upon the last address and telephone number furnished by the employee for all purposes, and the Company shall not be held responsible for failure of notice to reach such employee.

ARTICLE 9- HOURS OF WORK AND OVERTIME

9.01 It is the Company's management right to schedule employees for work as the Company deems appropriate and the provisions of this Article are intended only to provide a basis for calculating time worked and nothing in this Article shall be construed as providing any guarantees as to the hours of work per day or per week, or as to the number of shifts or the starting and stopping times of shifts.

9.02 The work day will be a period of twenty- four hours beginning at 12:01 a.m. or the shift starting time closest thereto.


9.03 The work week will be a period of seven consecutive work days beginning at 12:01 a.m. Sunday or the shift starting time closest thereto.

9.04 If there is a significant shift change of an hour or more either way, the effected bargaining unit employees will have an opportunity to re-bid their shift by seniority.

9.05 Where a statutory holiday day falls within an employee's regular work week, the Company will include statutory hours as part of the total regular work hours for the week.

9.06 Hours of work will normally be eight (8) hours per day and employees will have two (2) twenty (20) minute breaks (one of which will be the employee's meal break) without loss of pay during the first and second half of each shift. Authorized hours which the Company requires an employee to perform in excess of eight (8) hours in a day will be paid at a rate of time .and one-half (1 1/2 ) the employee's regular straight time hourly rate.

9.07 If it is contemplated that an employee is to work overtime for more than two (2) hours, consecutive with his regular shift, he shall be allowed a fifteen (15) minute break without loss of pay immediately following the end of his regular shift.

9.08 (a) overtime pay will be provided at one and one half (1.5) times the applicable hourly rate for all hours worked in excess of eight (8) hours in a day and/or forty ( 40) hours in a week.

(b) An employee who reports for work on his sixth day will receive a minimum of four (4) hours work or pay in lieu thereof at time and one half his regular straight time hourly rate.

(c) An employee who reports for work on his seventh day will receive a minimum of four (4) hours work or pay in lieu thereof at double time his regular straight time hourly rate.

9.09 An employee who is called in to work on a Paid Holiday or who is called back to work shall be guaranteed a minimum of four ( 4) hours' pay at time and one-half (1-1/2).

9.10 The Company will endeavour to give at least two hours notice of overtime, except for reasons beyond its control.


9.11 An employee leaving on vacation shall be eligible for work on Saturday and Sunday in the week before his vacation commences but shall be ineligible for further work until he has returned from vacation and worked his regular shift.

9.12 The Company will implement a time clock and will maintain a daily time record.

9.13 An employee who works (2) hours or more beyond his scheduled hours of work shall be paid a meal allowance of seven ($7.00) dollars.

9.14 It is understood that the company has operational commitments and employees will endeavour to work overtime when requested to do so. Where there are not a sufficient number of employees willing to voluntarily work overtime, overtime can be assigned by the Company on a mandatory basis in reverse order of seniority within a classification. For overtime at the end of a shift, the Company will offer the overtime on a seniority basis among employees on the shift within the classification first. For scheduled overtime the Company will offer it on a rotational basis within the classification first.

ARTICLE 10 - JOB POSTINGS, TRANSFERS

10.01 Where the company decides to fill a vacant position, the position will be posted by classification on the bulletin board for a period of seven (7) calendar days during which employees in that classification can submit a written bid for the position. Should an employee move to the vacant position, the resulting vacancy will be posted as above. Employees absent on vacation will be given an additional three (3) working days immediately after their vacation to bid.

Once a vacancy cannot be filled it shall be posted in the other classification as listed above before hiring a new full-time employee. Any employee moving between classifications as a result of a posting shall keep their seniority in the new classification.

10.02 When skm and ability are sufficient, seniority shall be the governing factor in filling the position(s).

10.03 The successful candidate(s) will be given a seven (7) calendar day familiarization period in the job bid for. During this familiarization period the employee may elect to return to his prior position, if it exists, or the Company may return him to his prior position if the employee is unable to demonstrate an ability to perform the work required.


10.04 Permanent full-time openings may be filled for a temporary period not to exceed thirty (30) days except where otherwise agreed by the Union and the Company.

10.05 An employee, who is temporarily transferred at the request of the Company to another classification, will receive his own rate or the · rate for the other classification, whichever is the higher.

10.06 When the Company fills a vacancy under this Article, the name of the successful employee will be posted.

10.07 Any job which is vacant because of illness, accident, vacation or leave of absence shall not be deemed to be vacant for the purpose of this Article.

ARTICLE 11 - LEAVES OF ABSENCE

11.01 Leave Without Pay

The Company may grant leave of absence without pay for up to three (3) months if an employee requests it at least one week in advance in writing and if the leave is for good reason and does not unreasonably interfere with the efficient operation of the business. Employees on such leave will be maintained on applicable benefit plans for one (1) month. Employees will have the option to pay the benefits premium for the remaining period of the leave.

11.02 The Company will grant pregnancy leave and/or parental leave, without pay, and without loss of seniority and benefits, in accordance with the provisions of the Employment Standards Act of Ontaric

11.03 Bereavement Leave

The Company will grant up to three (3) working days leave of absence with no loss of regular straight time pay to arrange and/or attend the funeral of an employee's father, mother, spouse, child, brother, sister, mother-in-law, or father-in-law. Bereavement pay may be conditional upon an employee supplying documentation satisfactory to the Company in respect of a death.

The Company will grant up to one (1) working day's leave of absence with no loss of regular straight-time pay to attend the funeral of an employee's sister-inlaw, brother-in-law, grandchild, grandparent or a grandparent of his spouse. Bereavement pay is conditional upon an employee supplying documentation satisfactory to the Company in respect of a death.


11.04 Jury Duty or Crown Witness Leave

An employee who is called for jury duty or subpoenaed as a crown witness will receive, for all days on which he otherwise would have been working, an amount equal to the pay lost (calculated as the number of hours the employee would otherrwise have worked, exclusive of overtime, multiplied by the employee's regular straight time hourly rate) providing:

(i) That he notifies the Operations Manager or Designate no later than one (1) working day immediately following receipt of notice to serve;

(ii) That he furnishes the Company with certification by proper authority of the dates and times served and of any and all payments received for such service;

(iii) The amounts received from the court for jury duty or witness fees, exclusive of any expenses received, must be endorsed to the credit of the Company as a condition of entitlement to the payments referred to herein.

11.05 The Company may grant a leave of absence for up to three (3) years upon receipt of a written request from an employee who has accepted a full-time position with the Local Union. Granting of such leave of absence shal l not be unreasonably withheld. The leave of absence shall be without pay and without any benefits. Seniority shall continue to accrue during the period of such leave.

ARTICLE- 12 CLASSIFICATIONS AND WAGES

12.01 There shall be no pyramiding of any wages, premiums or benefits provided for in this agreement.

12.02 Wages

Classification Ratification Nov 1, Nov 1, Nov 1, Nov 1, 2011 2012 2013 2014

Warehouse Clerk 19.50 20.00 20.50 21.00 21.50

(2000$ lump sum)

CSR 19.50 20.00 20.50 21.00 21.50

Warehouse Clerk and 15.60 16.00 CSRs Part Time

16.40 16.80 17.20

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Any Employee making more than the posted rate will be red circled until the posted rates equal to their current rate.

12.03 It is understood and agreed that there shall only be these classifications and no others unless the Company decides to establish a new classification. If the Company decides to establish a new classification it will notify the Union in writing and the parties shall promptly meet to try to agree on the wage rate for the new classification. If the parties do not agree on a wage rate the Company can implement a wage rate and the Union can file ·a grievance and, failing settlement, refer the matter to arbitration. In such an arbitration the arbitrator must consider the appropriate wage rate only in the context of the wage rate for other classifications under this agreement.

12.04 Shift Premium

A shift premium for shifts which start at or after 12:00 p.m. and before midnight of forty-five cents (45 cents) per hour.

12.05 Boot Allowance

For those employees in the bargaining unit that the Company requires them to wear safety footwear in the performance of their duties, the Company will pay a boot allowance of up to $90.00 per contract year (or up to $180.00 every two years, at the employee's choice) to such employee upon presentation of a receipt for the purchase of CSA approved safety footwear.

12.06 When there is an error of short payment or any other type of error, this shall be corrected as soon as possible. If the error is for an amount of one hundred dollars ($.100.00) or more, the Employee will receive payment by the Tuesday following payday. Amounts less than one hundred dollars ($100.00) will be reimbursed on the Employee's following pay

ARTICLE 13- STATUTORY /PAID HOLIDAYS

13.01 The following statutory holidays will be granted to each employee who has completed his probationary period:

New Years Day Family Day Good Friday Victoria Day Canada Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day


13.02 In addition to the above, there shall be granted a one-half (1/2) paid day before Christmas and a one-half (1/2) paid day before New Years, and two (2) floating holidays with pay.

The two (2) floating holidays are to be taken during the calendar year. At the choice of the employee· subject to one (1) weeks written advance notice and provided it does not conflict with the companies' right to maintain an efficient workforce.

13.03 And for each holiday, the Company shall pay to each eligible employee an amount equal to the employee's regular straight time hourly rate multiplied by the number of hours the employee is regularly scheduled to work on a shift.

13.04 Any shift commencing on or after 6:00 p.m. on the day immediately preceding the statutory holiday shall be deemed to be the holiday.

13.05 If a Holiday or Holidays fall(s) within an employee's vacation period, he will be entitled to extend his vacation by same, or by mutual agreement select an alternate day(s), or elect to receive an extra day(s) pay per holiday at the employees option

13.06 Any employee requested to work on a Holiday shall be guaranteed a minimum of four ( 4) hours of work or the equivalent in pay at time and a half (1.5) the basic hourly rate applicable to the classification to which he is assigned to work on such Holiday, over and above his regular Holiday pay.

13.07 · Where a statutory holiday falls on a non-scheduled work day for an employee, the next scheduled work day for the employee shall be recognized as the holiday.

13.08 To be eligible for holiday pay the employee must have worked on at least one (1) day during the thirty (30) calendar days immediately preceding the holiday and must have worked on both his scheduled working day immediately preceding and immediately following the holiday. If an employee is off work owing to verified illness the day before or the day after or both they shall receive the payment for the paid holiday.

ARTICLE 14- VACATIONS & VACATION PAY

14.01 Employees shall be entitled to vacation time and vacation pay on the following basis:


Length of Service at January 1st

Vacation Entitlement

In accordance with the provisions of the Employment Less than one (1) year Standards Act.

One (1) year or more but 10 working days less than four (4) years Four ( 4) years or more but 15 working days less than nine (9) years Nine (9) years or more but 20 working days less than fifteen (15) years Fifteen (15) years or more 25 working days

Vacation Pay

Vacation pay is earned by employees on the basis of: until four years or more vacation pay shall be: 4% of total earnings; for four years or more but less than nine years vacation pay shall be 6% of total earnings; for nine years or more but less than fifteen years vacation pay shall be 8% of total earnings; for fifteen years or more vacation pay shall be 10% of total earnings. Total earnings shall include vacation pay paid in the previous year.

Vacation t ime is to be taken in the same calendar year in which vacation pay is earned. For example, an employee with 3 years seniority is entitled to 10 working days vacation in the calendar year. The employee would earn vacation at 4% and after the first 6 months of the calendar year would have earned 5 days vacation with pay.

At the employee's option vacat ion entitlement can be taken in increments of single days providing it does not interfere with other employee vacation requests for a week or more.

14.02 Employees may request with at least one weeks advance notice a breakdown of any remaining vacation entitlement.

14.03 The vacation entitlement shall be between January 1 and December 31.

14.04 In determining vacation schedules the Company will consider employees' requests, provided they are submitted to the Company by March 1. The Company will schedule vacations as requested by employees based on seniority,


subject to maintaining an efficient work force capable of performing the work. Vacation schedules will be posted by March 31. Vacation requests submitted after March 1 will be given out on a first come first serve bases. Vacation time will normally be scheduled in 5 day periods consistent with an empl'oyee's shift schedule at the time of vacation.

14.05 Vacation pay on overtime will be included on each paycheque.

14.06 Vacations due in any year must normally be taken during the vacation year. However/ any employee who was prevented from taking his vacation during the calendar year due to illness or accident and who will not return to work by the end of the calendar year shall, upon his giving the Company thirty (30) days' notice, receive his vacation pay not later than December 31st, on a separate cheque, or will be able to carry his vacation over into the next year.

14.07 An employee leaving on vacation will receive his vacation pay together with his regular pay on the last regular pay day before his vacation commences. Further/ any outstanding vacation pay will be paid out by the end of the first week of March for the previous year.

14.08 An employee who leaves the employment of the Company for any reason shall receive vacation pay earned to the date of termination.

14.09 It is agreed that during prime time (i.e. June 15 to September 15) employees may only take a maximum of two weeks' vacation.

14.10 All vacations must be approved in writing by the manager.

Article 15 - HEALTH AND WELFARE

15.01 The terms and conditions of all insurance and/or benefit plans referred to herein do not form a part of this Collective Agreement, are not incorporated into this Collective Agreement, and cannot constitute a difference between the parties for the purposes of the grievance and arbitration provisions of this Collective Agreement. Any complaint by an employee regarding eligibility for, or as to the administration of, insurance and/or benefit plans must be taken up directly with the carrier of the plan.

15.02 The Company's only obligation with respect to benefits will be to pay the Employer's share of the premium cost only of group life insurance, accidental death and dismemberment insurance, extended health insurance/ dental insurance, and short term disability insurance.

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Coverage shall be for all eligible employees on the active payroll of the Company who have completed their probationary period and who have met the eligibility requirements for the relevant policies or plans. Eligibility for and entitlement to coverage is governed by and subject to the terms and ·conditions of the insurance policy or policies.

15.03 In the event an employee on any day is injured while at work and unable to continue work, he shall not suffer a reduction in pay for the remainder of his scheduled hours on that day.

15.04 Employees are eligible for coverage in respect of long term disability insurance. Any costs associated with this benefit will be paid 100% by employees and employee premium payments will be paid through payroll deductions. Coverage shall be for all eligible employees on the active payroll of the Company who have completed their probationary period and who have met the eligibility requirements for the relevant policies. Eligibility for and entitlement to coverage is governed by and subject to the terms and conditions of the insurance policy or policies. Effective date of ratification, for employees with more than four ( 4) years of service with the Company, the Company will pay 100% of the premium cost for LTD Benefits.

15.05 For informational purposes only the Company has provided the Union with a summary of the Walker Benefit Program currently available - eligibility for and entitlement to coverage is governed by and subject to the terms and conditions of the insurance policy or policies.

15.06 An employee who has been absent from work due to illness or injury of more than 2 days must, before returning to work, provide a written medical certificate from a qualified physician certifying that the employee is fit to perform his normal duties. In other circumstances employees may be required to provide a written medical certificate for an absence due to illness or injury.

15.07 Any medical examination requested by the Company shall be prompt ly complied with by the employee, provided however that the Company will pay for all such examinations. The Company shall also pay an employee for two (2) hours at the employee's regular straight-time hourly rate where he is required by the Company to be examined during a time for which he would not otherwise be paid. The Company shall reserve the right to select a qualified physician of its choosing and the Union may have such employee re-examined at the Union's expense by a qualified medical examiner or physician of its choosing.


15.08 Beginning each January 1, employees who have completed their probationary period will receive up to five (5) personal leave days in each calendar year of the collective agreement on the following terms:

(a) Personal leave will be used for the waiting period prior to the employee becoming eligible to receive short-term disability payments.

(b) Payment for personal leave days will be at 100% of the employee's regular straight-time hourly wages for the day.

(c) Employees shall receive payment for any unused personal leave days in each year at the rate of 100% of the employee's regular straight-time hourly wages for each unused sick day to be paid in the first pay period of December in each year. At the employee's option he can transfer the personal leave day payment Teamsters Defined Contribution Pension Plan.

15.09 Employees will be eligible to participate in the Teamsters Defined Contribution (DC) Pension Plan in accordance with the provisions of that pla1n, including voluntary employee contributions to the plan in accordance with the provisions of the plan.

The company will contribute 5.0% of monthly earnings to the plan for each employee in the bargaining unit already enrolled in the plan, whether or not the employee contributes to the plan.

For Customer Service Representatives the company will contribute

3.0°/o of monthly earnings at ratification. 4.0% of monthly earnings starting November 1, 2011 5.0% of monthly earnings starting November 1, 2012

15.10 An employee who cannot report on time or who is sick and unable to come to work, shall inform his supervisor as soon as possible prior to the beginning of his shift, unless he is unable to do so for reasons beyond his control.

ARTICLE 16 • NO DISCRIMINATION

16.01 The Company and the Union agree that there will be no intimidation, discrimination, interference, restraint, or coercion exercised or practised by either of them or their representatives or members because of an employee's membership in the Union, because of his activity or lack of activity in the

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Union, or because of his filing or not filing a grievance pursuant to the provisions of this agreement.

16.02 Neither the Company nor the Union shall discriminate against employees with respect to terms and conditions of employment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status or family status in accordance with the provisions of the Ontario Human Rights Code.

16.03 The Company, the Union and the Employees agree that they will at all times operate within the spirit of mutual respect for each other as parties and as individuals. They further agree to abide by Company policies and rules regarding intoxication, substance abuse and a harassment and violence free workplace.

Article 17- BULLETIN BOARD

17.01 The Company agrees to make available in the lunch room for use by the Union a lockable glass enclosed bulletin board no less than 36 inches by 22 inches in dimension. The union stewards and the Operations Manager, or his designate, will be the only people with keys to the cabinet. The Company agrees to permit the posting in this cabinet of notices signed by a Union official or U1nion related business. It is understood and agreed that this bulletin board shall be the same one available for the warehouse bargaining unit.

ARTICLE 18 - STRIKES AND LOCKOUTS

18.01 The Union agrees that there shall be no strike and the Company agrees that there shall be no lockout during the term of this collective Agreement. The words "strike" and "lockout" shall be as defined in the Ontario Labour Relations Act.

Article 19- HEALTH AND SAFETY

19.01 The Company and the Union recognize the benefits to be derived from a safe and healthy place of employment. It is agreed that the Company, the employees and the Union will co-operate fully to promote safe work practices, health conditions and the enforcement of the Company's safety rules and procedures including those established by the governing regulatory authorities and defined in the Occupational Health and Safety Act.

19.02 There shall be a Health & Safety Committee with two (2) members appointed by the Union and two (2) members from the Company. The Company shall ensure

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221


that the Health & Safety Committee established in accordance with the appropriate regulations meets at least on a monthly basis, provide appropriate parties with minutes, and take action on items mentioned that need to be corrected.

Article 20 - Duration of the Agreement

20.01 This agreement shall be effective from the date of ratification by both parties up to and including the 31st day of October, 2015 and shall continue automatically thereafter for annual periods of one year each, unless either party notifies the other in writing within a period of three (3) months immediately prior to the expiration date that it desires to amend the agreement.

SIGNED AT Mississauga THIS __ DAY OF ___ , 2011

FOR THE COMPANY FOR THE UNION

/dscope-343


Appendix "A"- Part-Time Employees

Part-time employees are employees who are not regularly employed for forty ( 40) hours of work per week. Subject to operational concerns, part-time employees will not normally be assigned to a Monday to Friday day shift Unless the shift is assigned due to a training need, vacation or sick coverage.

The only provisions of the Collective Agreement which apply to part-time employees other than the provisions in this Article are those listed below:

Articles: 2; 3; 4; 5.06 to 5.09; 6,7; 8.04 and 8.05; 12; 16; Maternity, Parental and Adoption, 20

In the event that a part-time employee is hired on a full- time basis he will be placed on the seniority list as of the day he was hired full time.

A full time position will be created when an employee has normally worked regular forty ( 40) hours for a consecutive eight (8) week period. It is agreed that during prime time (i.e. May 15 to September 15) all hours will be excluded from the above calculation.

The wage rate for part-time employees will be as set out in Article 12.

Part-time employees will receive vacation pay in accordance with the provisions of the Employment Standards Act and will be eligible for paid holidays in accordance with the provisions of the Employment Standards Act.

A part-time employee shall be considered on probation until he has completed 720 hours of actual work. A part-time probationary employee may be terminated at the sole discretion of the Company. In any grievance concerning a termination of a probationary employee the arbitrator shall have no jurisdiction to overturn the termination or modify the penalty in any way unless the Union establishes that the discharge was made in bad faith. The Company will maintain a list of hours worked of part-time employees and will post same monthly.

Total part-time employee hours worked shall not exceed ten (10°/o) percent of the regular hours represented by the number of full-time bargaining unit employees, and to replace regular employees absent for any reason upon a one-for-one basis.

Where the Company decides to promote a part-time employee to a regular employee the Company will consider level of absence, hours worked, length of service, errors, and demonstrated commitment of part-time employees in making its decision. Where one or more part-time employees being considered are relatively equal the continuous service for the part-time employees from the date of most recent hire with the Company will govern.


APPENDIX "B" Walker Benefit Program

(available to employees who have completed 12 months of coverage on the plan)

Benefit Coverage Coverage Details Premiums Life 2 X annual salary 100% Insurance employer paid AD ltD 2 X annual salary 100%

employer paid STD 66.7% of weekly $1000 weekly max. 100%

earnings Waiting period seven (7) days. employer paid LTD 66.7% of the first $8200 monthly max. 100%

$2250 of monthly employee earnings, plus 50% of paid* the next $3000, plus 40% of the remainder

Dental 90% preventative - $1500 annual dental max. for 100% services preventative and restorative employer paid 50% restorative combined services 50% ortho services - $2500 lifetime max. for ortho

Extended - 80% coverage - Prescription drugs with pay 100% Health - vision care direct drug card. employer paid

- 100% out-of- - supplementary health care province emergency benefits & travel assistance - $300 per 24 month period for

eye glasses for eligible adults and insured dependents over 18, and every 12 months per insured dependent under 18 - available to all insured dependents

Single cost N/A Couple cost N/A Family cost N/A

*Premiums 100°/o paid by Versacold with the exception of LTD.

ontario - collective agreement between teamsters local union … · 2016. 4. 15. · collective...

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