100668-1 TeamIndustrial BRAPPaint Unifor1285 rev p01.pdf ... and Technical... · COLLECTIVE...

COLLECTIVE AGREEMENT

BETWEEN

TEAM INDUSTRIAL #1 (BRAP PAINT)

– AND –

(UNIFOR)

AND ITS LOCAL UNION #1285

Effective: November 1, 2016 Expires: October 31, 2020

(February 6, 2017 / 08:21:22)

100668-1_TeamIndustrial_BRAPPaint_Unifor1285_rev_p01.pdf .1

(February 6, 2017 / 08:21:22)100668-1_TeamIndustrial_BRAPPaint_Unifor1285_rev_p02.pdf .1

TABLE OF CONTENTSArticle 1 – Purpose & Intent ............................................... 1Article 2 – Recognition ....................................................... 1Article 3 – Union Security .................................................. 2Article 4 – Harassment ....................................................... 3Article 5 – Relationship ...................................................... 6Article 6 – Seniority ............................................................ 7Article 7 – Loss of Seniority ............................................... 7Article 8 – Layoffs and Recalls .......................................... 8Article 9 – Wage Administration and Rate Protection ........ 10Article 10 – Grievance and Arbitration Procedure ............... 10Article 11 – Leave of Absence .............................................. 12Article 12 – Pregnancy & Parental Leave............................. 13Article 13 – Public Office Leave of Absence ....................... 14Article 14 – Paid Education Leave ....................................... 14Article 15 – Shift Premium ................................................... 15Article 16 – Reporting in Pay ............................................... 15Article 17 – Emergency Call-Back Pay ................................ 15Article 18 – Jury Duty .......................................................... 15Article 19 – Bereavement Leave........................................... 16Article 20 – Bulletin Boards ................................................. 17Article 21 – Pay Day ............................................................. 17Article 22 – Copy of Agreement ........................................... 17Article 23 – Strikes and Lockouts ......................................... 18Article 24 – Classifications and Wages ................................. 18Article 25 – Hours of Work and Overtime ............................ 19Article 26 – Union Representation ....................................... 21Article 27 – Work by Supervisors ......................................... 22Article 28 – Crew and Job Postings ...................................... 22Article 29 – Equipment and Tools ........................................ 23Article 30 – New Employee Orientation .............................. 23Article 31 – Administration of Discipline ............................ 24Article 32 – Health & Safety ................................................ 24Article 33 – Vacations ........................................................... 27Article 34 – Holiday Pay Plan .............................................. 28

(February 6, 2017 / 08:21:23)


TABLE OF CONTENTS – continuedArticle 35 – Group Insurance Benefits ................................. 29Article 36 – Weekly Indemnity Plan ..................................... 31Article 37 – Substance Abuse ............................................... 31Article 38 – Cost of Living Allowance ................................. 32Article 39 – Pension Plan ...................................................... 32Article 40 – Personal Paid Days (P.P.D.s) ............................. 32Article 41 – Termination ....................................................... 34Article 42 – Restructuring Incentives ................................... 35Article 43 – Voluntary Severance regarding

change in contract: ............................................ 37Appendix “A” – Part Time Employees and

Casual Part Time Employees .................... 38Group Self-directed SUB Fund .............................................. 40Letter of Understanding #1 – Job Assignments ................... 40Letter of Understanding #1 – Job Assignments ................... 41Letter of Understanding #2 – Lockers, Coveralls,

Gloves and Rubber Boots ..... 41Letter of Understanding #3 – FCA Car Purchase Plan ........ 41Letter of Understanding #4 – Health and Safety ................. 41Letter of Understanding #5 – Work Ownership ................... 42Letter of Understanding #6 – Job Postings .......................... 42Letter of Understanding #7 – Water Blasters ....................... 42Letter of Understanding #8 .................................................... 43Letter of Understanding #9 .................................................... 43Letter of Understanding #10 – Re: Employment

Standards ............................ 43Letter of Understanding #11 .................................................. 43Letter of Understanding #12 – Re: Dependent

Scholarship Program ............ 44Letter of Understanding #13 .................................................. 44Letter of Understanding #14 .................................................. 45Letter of Understanding #15 .................................................. 45Basic Education Skills Training (B.E.S.T.) ............................ 45AWS Letter of Understanding................................................ 46Miscellaneous ........................................................................ 46Appendix ................................................................................ 47

(February 6, 2017 / 08:21:23)


– 1 –

Article 1 Purpose & Intent

The general purpose of this agreement is to set forth terms and conditions of employment and to promote orderly and peaceful labour relations for the mutual interest of the company, the em-ployees and the union.To these ends, the union and the company encourage to the fullest degree friendly and cooperative relations between their respective representatives at all levels and among all employees.

Article 2 Recognition

1. Employees Covered The company recognizes the union through the Ontario

Labour Relations certificate dated June 1, 1993 as the sole collective bargaining agent with respect to all its employ-ees in the bargaining unit at the Brampton FCA Plant, 2000 Williams Parkway, Brampton, save and except supervisors, persons above the rank of supervisor, office and clerical staff and technical and sales staff.

2. Gender Neutral The feminine pronoun shall include the masculine (and vice

versa) when context so requires.

3. Management Rights The company has the exclusive right to: 1. Operate and manage its business in all respects in ac-

cordance with its obligations. 2. Direct the working forces of the company, to maintain

order, discipline and efficiency and to establish and en-force reasonable rules and regulations to be observed by employees. This includes but is not limited to the right to hire, promote, demote, transfer and lay-off em-ployees and to suspend, discipline and discharge em-ployees for just cause.

The company in exercising its rights in the adminis-tration of this collective agreement shall do so in a fair and reasonable manner.

(February 6, 2017 / 08:21:23)


– 2 –

3. No Discrimination The company and the union agree that there shall be no

discrimination, harassment, interference, restriction or coercion exercised or practiced with respect to any em-ployee by reason of age, marital status, sex, race, creed, colour, national origin, political or religious affiliation, sexual orientation nor by reason of union membership or activity.

Article 3 Union Security

The company will deduct from the first pay of each month, from each employee, the regularly established dues of the union. They will remit such amounts to the union by the fifteenth (15th) day of the month following the month in which the monies were deducted, together with a list of employees from whom such deductions were made.The company shall include the amount of union dues paid on the employees T-4 Income Tax slip.Deductions will be made from the annual vacation pay on the basis of one (1) week’s dues for each week of paid vacation.It is understood and agreed that the union will indemnify and save the company harmless from any and all claims which may be made against it by an employee or employees for union dues deducted from wages as herein provided.The company will supply the union with the following on a monthly basis:1. A list of all members in the bargaining unit regardless of

whether or not they paid dues in that month.2. Each member’s mailing address.3. The employee number.4. Each member’s hourly rate or equivalent.5. Each member’s status (i.e. at work, on vacation, week-

ly sick benefits, LTD, WSIB, in the month and any other leaves of absence).

6. Number of hours worked.The financial Secretary of the Local Union will notify the Com-pany of any change in the amount of union dues and/or initiation

(February 6, 2017 / 08:21:24)


– 3 –

fee to be deducted in line with constitutional requirements of the National Office.The company agrees to send to the union, within one (1) month of their hiring, the names and classifications of all new employ-ees.

Article 4 Harassment

Harassment DefinedThe Company and Unifor are committed to providing a harass-ment-free workplace. Harassment is defined as a “course of vexatious comment or conduct that is known or ought reason-ably be known to be unwelcome”, that denies individual dignity and respect on the basis of the grounds such as: gender, disabil-ity, race, colour, sexual orientation or other prohibited grounds, as stated in the provincial Human Rights Code. Harassment also means any demeaning and abusive behavior of which an em-ployee feels is offensive. All employees are expected to treat others with courtesy and consideration and to discourage ha-rassment.The workplace is defined as any Company facility, vehicles, and includes areas such as offices, shop floors, rest rooms, cafe-terias, lockers, conference rooms and parking lots. Harassment may take many forms: verbal, physical or visual. It may involve a threat or an implied threat or be perceived as a condition of employment. The following examples could be considered as harassment but are not meant to cover all potential incidents:• Unwelcome remarks, jokes, innuendoes, gestures or taunting

about a person’s body, disability, attire or gender, racial or ethnic backgrounds, colour, place of birth, sexual orienta-tion, citizenship or ancestry;

• Practical jokes, pushing, shoving, etc., which cause awk-wardness or embarrassment;

• Posting or circulation of offensive photos or visual materi-als;

• Refusal to work or converse with an employee because of their racial background or gender, etc.

• Unwanted physical conduct such as touching, patting, pinch-ing, etc.;

(February 6, 2017 / 08:21:24)


– 4 –

• Condescension or paternalism which undermines self-re-spect;

• Backlash or retaliation for the lodging of a complaint or par-ticipation in an investigation.

Harassment is not:• Harassment is in no way to be construed a properly dis-

charged supervisory responsibilities, including the delega-tion of work assignments, the assessment of discipline or any conduct that does not undermine the dignity of the in-dividual.

• Neither is this policy meant to inhibit free speech or interfere with normal social relations.

Filing a complaintIf an employee believes he/she has been harassed and/or dis-criminated against on the basis of any prohibited ground of dis-crimination, there are specific actions that may be taken to put a stop to it:1. Request a stop of the unwanted behaviour;2. Inform the individual that is doing the harassing or the dis-

criminating against you that the behaviour is unwanted and unwelcome;

3. Document the events, complete with times, dates, location, witnesses and details;

4. Report the incident to Supervisor/Committee person.However, it is also understood that some victims of discrimin-ation or harassment are reluctant to confront their harasser, or they may fear reprisals, lack of support from their work group, or disbelief by their supervisor or others. In this event, the vic-tim may seek assistance by reporting the incident directly to any Union representative/Company official.The Joint Human Rights Committee shall be comprised of one (1) person selected by the Company and one (1) person selected by the Union. Each side shall select one female. The Committee shall meet at least quarterly or more frequently as required.

InvestigationUpon receipt of the complaint, the Supervisor/Committee per-

(February 6, 2017 / 08:21:24)


– 5 –

son contacted will immediately inform their Union or Company counterpart and together they will then interview the employee and advise the employee if the complaint can be resolved im-mediately or if the complaint should be formalized in writing. Properly completed copies of this complaint will be forwarded to the Management and the Union.

A formal investigation of the complaint will then begin by the Management and the Union or their designates, interviewing the alleged harasser, witnesses and other person’s names in the complaint. Any related documents may also be reviewed.

ResolutionThe Management and the Union or their designates will then com-plete a report on the findings of the investigation. The Manage-ment and the Union or their designates will make a determination on an appropriate resolution, in an attempt to resolve within ten (10) days and ensure the resolution is fair and consistent with the intent of the Company and National Unifor policy regarding discrimination and harassment in the workplace.

At the conclusion of this step, the complaint, if unresolved, will be inserted into the third step of the grievance procedure for resolution. In the event that the complaint is not resolved by the parties at the third step of the grievance procedure, it may be appealed to arbitration in accordance with the provisions of the collective agreement. The parties complaints should not be pursued through both the grievance procedure and the Human Rights Complaint procedure.

The pursuit of frivolous allegations through the Human Rights Complaint Procedure has a detrimental effect on the spirit and intent for which this policy was rightfully developed and should be discouraged.

All documentation is to be secured in a location agreeable to all parties.

All employees have the right to file a complaint with the prov-incial Human Rights Commission and to seek redress under the Human Rights Code.

TrainingIn consultation with the National Union, three-day anti-harass-

(February 6, 2017 / 08:21:25)


– 6 –

ment training will be developed for all union representatives and members of management who have not yet been trained. In addition, the Unifor four-hour anti-harassment training program will be delivered to all employees during the course of the col-lective agreement as quickly as it can reasonably be scheduled. The time spent in training shall be considered as time worked for all the purposes of the collective agreement. The Company will provide harassment training to all employees.

Article 5 Relationship

1. The union and employees will not engage in union activ-ities or hold meetings in or on the property on the company and/or FCA Canada Ltd., during working hours without the permission of the site manager/designate.

2. The union representative/designate will have reasonable access to the work site to allow conduct union business. The union representative agrees to pre-arrange visits where practicable but, in any event, will notify the site manager/designate of his visit and any requirements re: access to bar-gaining unit personnel.

3. Data to be supplied to union: The company will supply the union committee with the fol-

lowing information upon request. a) Employees who acquire seniority b) Employees by rate and classification c) Employees transferred into and out of the bar-

gaining unit d) Employees on leave of absence e) Employees on sickness and accident or compensa-

tion and the date of the occurrence. f) Layoffs and recalls g) Employees who have lost seniority h) Employees who are discharged i) Names, addresses and postal codes of all active

employees A list of forepersons and supervisors and all non-bargaining

unit personnel will be supplied by the company to the com-mittee on a monthly basis.

(February 6, 2017 / 08:21:25)


– 7 –

Article 6 Seniority

The fundamental rules respecting seniority are designed to give employees an equitable measure of security based on length of service with the company.

Employees will be considered as probationary employees for their first ninety (90) days of their employment. After they have completed their probationary period, they shall be entered on the seniority list showing their seniority date as their hire date.

Part Time employees will be considered as probationary em-ployees for the first forty five (45) days worked. The probation-ary period will not apply when a part time employee moves into a full time position.

In the event more than one employee acquires seniority on the same date, the company will randomly assign each employee with a seniority code number, this number will be used in deter-mining each employee’s seniority standing, i.e. lowest seniority code number will be highest seniority standing on such date.

Seniority lists (plant and classification) will be revised and post-ed every three (3) months. A copy of such list will be given to the union committee chairperson.

An employee, who has attained seniority and is transferred to a job not covered by this Agreement shall, in the event of a later transfer to a job covered by this agreement, again obtain senior-ity status as of the date of transfer out of the unit, provided the employee returns to the unit within six (6) months of this date of transfer.

Article 7 Loss of Seniority

1. Seniority rights will be lost and the employee shall cease to be employed with the company for any of the following reasons:

a) Quits

b) Discharged and not reinstated through the grievance or arbitration procedures

(February 6, 2017 / 08:21:25)


– 8 –

c) Absent for five (5) consecutive working days without a reasonable excuse and/or fails to notify the company during the five (5) day period of the reason for the ab-sence

d) Fails to report for work within three (3) days when notified by the company by registered mail at the last known address.

e) Is laid off for five (5) years or time equal to seniority, whichever is greater (as per the FCA collective agree-ment.).

f) Fails to report for work following an authorized leave of absence without obtaining an extension or is unable to give a reason satisfactory to the company.

g) In the event of a layoff of full time employees, the af-fected employees will have the option to bump a part time employee. A full time employee will continue to accumulate seniority during the time he/she is working part time.

2. It is the responsibility of each employee to promptly notify the company of any change of address. If an employee fails to do this, the company will not be responsible for failure of a notice to reach an employee.

Article 8 Layoffs and Recalls

1. In the event of a layoff, employees having the least senior-ity in the classification to be reduced will be laid off first and will be recalled based on the most senior employee by classification back to work first.

2. An employee, electing to exercise his/her seniority by bumping into another classification, will be retained pro-vided he/she is satisfactorily able to perform the work to be done, after a three (3) day familiarization period and a formal assessment by the Joint Health and Safety Commit-tee.

3. The Union Plant Committee will be retained during tem-porary layoffs in this order based on the traditional shift

(February 6, 2017 / 08:21:26)


– 9 –

structure and the number of shifts respectfully; as long as the company has work available which they are qualified for:

1. Unit chairperson 2. Highest senior Rep 3. Second highest senior Rep In the event a Union Rep is off work for any reason the next

senior rep will replace that position on that shift. There will be no overtime offered during any layoff period until all full time employees have been offered 40 hours.

4. The company will provide the chairperson of the union plant committee with a list of employees to be laid off or recalled, also any cancellation of such notices.

5. In the event of an indefinite lay-off, employees will be re-tained based on inverse seniority and training (to a max-imum of one (1) week will be provided) to perform the work required. Where the employee will not be able to per-form the work with training. Then the next senior employee who can perform the work with training will be retained.

An indefinite lay-off is defined as a period exceeding two (2) weeks.

In the event indefinite lay-offs occur, the company in con-junction with the plant committee will have up to 48 hours to move employees onto other crews in accordance with their seniority in conjunction with the union committee.

6. A temporary adjustment means a reduction in the working force necessitated by unplanned occurrences which require partial or full curtailment of operations and over which management has no control. Such occurrences are usually for a limited duration and are caused for example by parts or material shortages, machinery or equipment failures, temporary tooling or production difficulties, labour dis-putes, emergencies or acts of God.

In the event that the company requires a temporary adjust-ment in its workforce, the company agrees an employee who has worked eight (8) hours during the week and the

(February 6, 2017 / 08:21:26)


– 10 –

work week is canceled, the company will pay each employ-ee 85% of his/her base rate on the normal pay period.

7. Upon ratification of this agreement, the company will schedule forty hours of employment per week to all present full-time employees.

Article 9 Wage Administration and Rate Protection

1. An employee who is upgraded shall have his/her wages ad-justed on the date of such assignment.

2. An employee who is moved by the company to a lower paying job shall maintain his/her rate for a period of one (1) year. This rate protection will not apply to an employ-ee moved from a temporary assignment or to an employee electing such a move. The employee will not be required to perform the eliminated job.

Article 10 Grievance and Arbitration Procedure

1. The purpose of this article is to establish a procedure for the expeditious settlement of all grievances.

2. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) calendar days before the filing of the grievance, or the time when they may reasonably be deemed to have come to the attention of such employee.

3. The parties agree that the grieving party has a responsibil-ity to discuss any concerns or complaints with appropriate members of the party/parties prior to a written grievance being filed.

4. Step 1 The aggrieved employee and the committee person shall

meet with the supervisor within five (5) working days of the receipt of written grievance. A written decision shall be rendered within five (5) working days thereafter.

Step 2 Failing settlement, the written grievance will be submitted

(February 6, 2017 / 08:21:26)


– 11 –

within ten (10) working days to the Account Manager, who will meet with the Union Chair and a local Union officer to discuss the grievance.

Step 3 Failing settlement, the written grievance should be submit-

ted, within five (5) working days to the company’s gener-al manager or Human Resources Manager, who will meet with the griever, committee person and union staff repre-sentative to discuss the grievance.

Step 4 Failing settlement, the grievance may be referred to an

arbitrator, provided written notice of the party’s intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after the Step 2 decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may with-in ten (10) days after the lists have been exchanged request the Ministry of Labour of the Province of Ontario to ap-point an arbitrator and shall provide the other party with a copy of such request.

Names: Owen Shime, Dan Harris, Kathleen O’Neill and Howard Brown. If more arbitrators are required, the Com-pany and the union will mutually agree on the names.

5. A grievance alleging improper discharge or suspension of an employee will commence at Step 2 to expedite the pro-cess.

6. The time limits in this Article may be extended by mutual consent, in writing, of the union and the company. Griev-ances which are not processed in accordance with the time limits outlined will be:

a) Settled in accordance with the company’s last an-swer

b) If not responded by the company, the griever will be awarded compensation as requested.

7. The term working days will exclude Saturdays, Sundays and holidays.

(February 6, 2017 / 08:21:27)


– 12 –

8. The grievance procedure outlined in this agreement shall apply equally to a grievance lodged by a group of employ-ees, a union policy grievance or to a company grievance.

9. The decision of the arbitrator shall be binding upon the par-ties.

10. The arbitrator shall not have the jurisdiction to alter, or change, in any manner; the provisions of this agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to terms and conditions of this agree-ment, or in any way modify, add to or detract from, any provisions of this agreement.

11. Each of the parties hereto shall equally bear the expense of the arbitrator.

Article 11 Leave of Absence

1. Any employee’s request for leave of absence up to one (1) year but greater than thirty (30) days will be granted with no loss of seniority once with in every two year period. The employee will provide one month written notice to manage-ment.

Requests for leaves of absence less than thirty (30) days will not be unreasonably denied. Approved leaves of ab-sence will be granted with no loss of seniority. The employ-ee will provide twenty four (24) hours’ written notice to management.

2. All leaves of absence inclusive of all PPD days will be without pay unless otherwise specified. The employee may prepay benefit coverage for the duration of such leave if the coverage would normally cease during any leave period in excess of one (1) month’s duration.

3. Any employee of the company elected or appointed to a full-time position in the local union or national union, Uni-for will be granted a leave of absence by the company. Such leaves will remain in effect until notice to cancel such leave is given by the union.

Employees who are granted a leave under the above sen-

(February 6, 2017 / 08:21:27)


– 13 –

tence shall have their seniority and pension accrue while on such leave.

4. Union leaves of absence to attend to union business out-side the plant will be granted. The company will pay the employee’s wages and will bill the union monthly for reim-bursement.

Employees who are granted a leave under the above will have their seniority and pension accrue while on such leave.

5. Emergency leaves will not require the one (1) month notice.

6. LOA for reasons of alternative employment need to have management’s approval.

Article 12 Pregnancy & Parental Leave

The company agrees to grant leaves for pregnancy and parental leave (including adoption) under the same terms and conditions provided for in the Employment Standards Act of Ontario, 2000 (“ESA”), as amended.

The company shall provide a leave of absence for maternity, adoption and parental leave for the following duration or ESA, whichever is higher:

Maternity 17 weeks Adoption 17 weeks Parental 10 weeks

Employees shall also be entitled to 80% of their regular wages during the leave (inclusive of EI benefits).

Should for any reason an employee experience complications it is understood and agreed that employees are entitled to STD benefits prior to expected delivery date and this time will not be included in the above periods.

Employees on the above leave shall be entitled to all benefits and privileges of active employees including pension contribu-tions.

The time may be extended upon request of the employee by written request at least 2 weeks prior to the expiry of the leave.

(February 6, 2017 / 08:21:27)


– 14 –

Article 13 Public Office Leave of Absence

An employee with seniority, elected or appointed to a full-time Federal, Provincial or Local public office, may make written application for a leave of absence for the period of his/her first term of active service in such public office. If such leave is granted, additional leaves of absence for service in such office may be granted at the option of management upon written appli-cation by the employee.Any employee granted such leave of absence shall be entitled to reinstatement at the then current rate of pay, to such work as he/she may be entitled on the basis of the seniority provisions of this agreement. Seniority rights will continue to accumulate during the period of such leave of absence.

Article 14 Paid Education Leave

Effective upon ratification, the company agrees to pay into a special fund five (5) cents upon ratification per hour per em-ployee for all hours worked for the purpose of providing paid education leave. Such leave will be for upgrading employee skills.Such monies will be paid on a quarterly basis into the: P.E.L. Trust Fund Unifor P.E.L. Program Unifor-Canada 205 Placer Court Toronto, ON M2H 3H9Members of the bargaining unit, selected by the union to attend such courses, will be granted leaves of absence without pay for up to twenty (20) days of class time, plus travel where neces-sary, said leaves of absence to be intermittent over a twelve (12) month period from the first day of leave.Employees on said leaves will continue to accrue seniority and benefits during such leaves.The company agrees to accompany each quarterly payment with the following information:

(February 6, 2017 / 08:21:27)


– 15 –

– Local union number – Bargaining unit covered – Number of employees – Number of hours used – Time period covered

Article 15 Shift Premium

Employees hired prior to July 1, 2013 shall receive a shift pre-mium of 5% (2nd shift), 10% (3rd shift) for each full or partial shift worked which commences on other than a day shift. Em-ployees hired on or after July 1, 2013 will receive 50 cents per hour for afternoon shift and $1.00 per hour for midnight shift for the first 10 years. Traditional shift premiums (5% / 10%) to be paid after 10 years of employment. 1st shift hours start at 6:00am or later. 2nd shift hours start at 2:00pm or later. 3rd shift hours start at 6:00pm or later.Applicable shift premium payments will be made on the basis of base rate, COLA and overtime premium, per the current prac-tice. Vacation relief employees will receive 10% shift premium for vacation & PPD’s.

Article 16 Reporting in Pay

An employee reporting for work on his/her regularly scheduled shift who has not been properly notified not to report will receive a minimum of four (4) hours’ pay in lieu at the applicable rate or at least four (4) hours’ employment at his/her regular rate.

Article 17 Emergency Call-Back Pay

An employee called back to work after leaving the premises fol-lowing the completion of his/her regular shift shall receive a min-imum of four (4) hours’ pay based on their regular hourly rate.

Article 18 Jury Duty

The company will pay employees called to jury duty for the time spent in the court house, whether or not they are actually

(February 6, 2017 / 08:21:28)


– 16 –

called to a jury. The payment will be contingent or receipt of documentation from the employee. Maximum 8 hours per day.The company will make up the difference between the amount of money per day the employee would receive while serving as a member of a jury duty to an amount equal to the normal straight time pay for which the employee would have been eli-gible to receive for working that day. Payment will be made upon provision of appropriate documentation.Payment will include any shift premium and COLA which the employee would have been eligible for had he/she worked.For Active Employees Only.

Article 19 Bereavement Leave

1. The purpose of bereavement leave is to reimburse full time active employees for wage loss in the event of a death in the immediate family, or in the spouse’s immediate family.

2. An employee will be reimbursed for a period of one (1) week of which the employee would otherwise have worked, for a death in the employee’s immediate family.

3. Such reimbursement will be paid at the employee’s regular wage including shift premium and COLA and is limited to absences occurring when he otherwise would have worked. An employee will not receive bereavement leave pay when it duplicates pay received for time not worked for any other reason.

4. An employee’s immediate family is herein defined as the employee’s current spouse, child, stepchild, parent, step-parent, sister, brother, step-sister, step-brother, Grandpar-ents, Grandchildren, brother-in-law, sister-in-law, current spouse’s parent/step-parent and Grandparents.

5. Bereavement leave falling during a scheduled vacation per-iod will result in the vacation being canceled and resched-uled at a later date.

6. The days set out above are to be taken during the fourteen (14) day period following the death.

7. Documentation in the form of a funeral notice or similar document verifying the death of the identified individual

(February 6, 2017 / 08:21:28)


– 17 –

must be provided to management within thirty (30) days of death. Will only be paid once we have the documentation on the next pay period.

Article 20 Bulletin Boards

Management will supply the union with one new bulletin board behind lock & glass to be stationed at the punch clock, within thirty (30) days of this agreement.

Article 21 Pay Day

1. Employees will be paid bi-weekly by direct deposit to their bank accounts.

2. Pay shortages of four (4) hours or more will be made up by manual cheque to the employees no later than the Friday of the affected pay week. The manual cheques will be paid out for the gross amount owed, including cola and shift pre-mium with no tax deductions applied.

3. In the event an employee receives a NSF charge and the company is at fault due to payroll shortages, the company will reimburse the employee for the NSF fee.

4. Pay stubs are to be made available to employees as soon as practicable.

5. In the event an employee receives an overpayment the com-pany agrees to recover the overpayment in two (2) equal repayments. The company has thirty (30) days from over-payment to initiate repayment procedure after notifying the employee.

6. The company will provide online payroll access to all em-ployees as soon as the capabilities of payroll become avail-able.

Article 22 Copy of Agreement

1. Company to provide and pay for a copy of the collective agreement in booklet form to all employees within ninety (90) days of the agreement.

(February 6, 2017 / 08:21:28)


– 18 –

Article 23 Strikes and Lockouts

1. The company and the union agree to abide by the Ontario Labour Relations Act with respect to strikes and lockouts.

2. In the event of a work disruption, the parties agree that em-ployees required for emergency cleaning/maintenance will be permitted free and unobstructed entrance/exit from the work location to deal with fire/environmental concerns, in accordance with the Ontario Labour Relations Act.

3. There will be no repercussions to employees in the event of a strike at Brampton Assembly Plant for employees hon-ouring Unifor picket lines. Provision for a cold shutdown in this situation. All required work to safely shut down the plant will be completed prior to leaving the plant.

Article 24 Classifications and Wages

1. The company will pay employees according to the wage and classification structure which shall be written into the collective agreement and form a part of the collective agreement.

2. The foregoing statement does not preclude the payment of individual employees for outstanding achievements/sug-gestions and the like.

3. Wage for duration of agreement is base rate $33.25 + cur-rent COLA and this is frozen for the duration of the agree-ment. The base wage rate applies to current active full time employees.

Throughout the course of 2016 negotiations, it was also es-tablished that a 2nd base wage rate was necessary to ensure market competitiveness. The base rate for employees hired after November 1st, 2016 is therefore established at $19.95 or equivalent to the New Part Time employee rate (60% of team member rate in the first class)

4. Full time Employees hired on or after July 1, 2013 and up to October 1st, 2016 will be paid at the following percentage rates of the $33.25 per hour base rate:

(February 6, 2017 / 08:21:29)


– 19 –

Year 1 = 60% Year 2 = 60% Year 3 = 60% Year 4 = 65% Year 5 = 70% Year 6 = 70% Year 7 = 75% Year 8 = 80% Year 9 = 85% Year 10 = 90% Beyond Year 10 = 100%

Note: Part Time Employees hired before July 1, 2013 are exempt from the above wage progression and will earn 100% of the base wage rate. The five (5) for-merly full time employees at BAP will be entitled to the full rate of $33.25 as they are integrated into full time employment effective no later than Janu-ary 01, 2017.

Part Time Employees hired after July 1, 2013 are exempt from the above wage progression and will earn a market competitive base wage rate of $19.95 and to a maximum of $21.90. The max-imum rate will be attained as follows:

2nd base wage rate Year 1 = $19.95

Year 2 = $20.34 Year 3 = $20.73 Year 4 = $21.51 Year 5 = $21.90

Article 25 Hours of Work and Overtime

1. Team Industrial reserves the right to amend the starting times by one hour for selected employees to ensure proper maintenance is done.

2. The work schedules are subject to change based on FCA’s production and maintenance schedules. This includes, but is not limited to, summer and Christmas shutdown periods.

(February 6, 2017 / 08:21:29)


– 20 –

Shift times will be mutually agreed and changes will be dis-cussed prior to implementation.

3. Overtime Premiums Time and one-half (1 ½) will be paid as follows: a) For time worked in excess of eight (8) hours per

day b) For time worked on Saturdays. Double Time will be paid as follows: a) For time worked on Sundays (or 3rd shift starting

Saturday night) b) For time worked on all designated holidays. See

Article 34 for list of designated holidays.

4. Overtime Procedure Employees will be offered overtime opportunities on a ro-

tational basis. In order of classification seniority provided he/she is on shift in the plant at the time overtime is offered. However, the company will make an attempt to contact an otherwise eligible employee by telephone.

Any changes in the existing overtime procedure agreement will be mutually agreed upon by the union and the com-pany.

It is understood that employees on an individual basis have the option to bank overtime hours to a maximum of forty (40) hours. At any time an employee has the option to take time off or to be paid out the banked amount. Time off must be approved by management and will not be unreasonably denied.

Employees can bank all overtime up to 40 hours per calen-dar year.

5. Emergencies The company must be able to promptly respond to the

needs of FCA. Therefore, the following terms are necessary to ensure that required overtime is adequately staffed:

a) Overtime will be voluntary, except in the follow-ing cases:

– emergency spill response – other emergency situations as directed by FCA

(February 6, 2017 / 08:21:29)


– 21 –

b) In the event of insufficient numbers of volunteers, the junior employee(s) by classification will be as-signed.

6. Rest Periods a) Two rest periods of paid (twenty-two) 22 minutes

each will be scheduled, one in the first half of the shift and the second in the latter half of 8 hour shifts. A past practiced, due to no paid lunch.

b) In the event there is a need to revise the lunch and rest period times, the Company will discuss the required provisions with the Committee person as far in advance as practicable of any such change with the understanding that the required work must be completed within the time constraints re-quired by FCA’s Production Schedule.

Article 26 Union Representation

1. The number of union representatives the company shall rec-ognize will be Negotiated and include representation on all shifts where employees work.

2. The company shall recognize a Chairperson who will be assigned to the day shift. The chairperson shall spend a full two (2) hours a day, during overtime at the beginning and end of the shift. Team members will be canvassed for overtime when required.

3. The company shall recognize a committee in addition to the chairperson who shall constitute the plant committee and negotiation committee. This committee will meet with the company bi-weekly unless shortened or extended by mu-tual agreement only. The purpose of these meetings is to discuss and resolve grievances and other matters that either party may arise. The company shall supply the meeting room and pay said committee members for the time spent at regular wages.

4. The company agrees to retain union representatives at work during any layoffs or cutbacks in employment provided they are willing and able to perform during their respective terms of office. Refer to Article 8.3.

(February 6, 2017 / 08:21:30)


– 22 –

5. The union shall furnish the company from time to time an update on the current Union representatives.

6. A Committee Person may request relief from assigned regular duties to investigate a grievance arising from this Agreement without deduction of regular wages. Such per-mission shall not be unreasonably withheld. This right is granted on the following conditions:

a) The time shall be devoted to the prompt handling of the grievance.

b) The time away shall be reported in accordance with normal timekeeping methods

7. The company agrees to pay the Negotiating Committee for time spent in negotiating meeting with the company.

The company will provide four (4) new high back chairs and, one laptop for the union Chairperson, one new water cooler.

8. The parties agree that, when an employee requests Union Representation the Company will provide time and grant the meeting within one (1) hour of the request.

Article 27 Work by Supervisors

Supervisors and all other excluded employees will not work on any job for which rates are established by this agreement, ex-cept for the purpose of instruction, experimenting, emergencies, safety or environmental reasons.

Article 28 Crew and Job Postings

1. Only two (2) subsequent postings will occur after the initial posted vacancy. Applicants will be selected by seniority, and ability to perform the work per employee’s training chart. The successful candidate, upon attaining the transfer, is limited for six (6) months from applying for other post-ings.

2. Employees will be eligible to select their crew preference, in seniority order, to the then current levels by classifica-

(February 6, 2017 / 08:21:30)


– 23 –

tion. Note: when this occurs, the parties agree to adjust the overtime equalization process to ensure equity. The process is to be directed by the union and repeated every eighteen (18) months.

Subsequent to this process, when a Crew vacancy occurs, it will be posted similar to job postings per 1) above.

3. Moves for both Job and Crew Postings will occur as soon as practicable to ensure no operational deficiencies occur.

4. Blaster trainee vacancies will be posted.5. The company agrees to post and fill all vacancies within

one week.6. If an employee is in a bumping situation because of crew

level changes or scheduling changes, the employee will be able to bump anyone with less seniority within their classi-fication.

Article 29 Equipment and Tools

The Company agrees to continue to supply necessary tools and equipment to ensure that a proper job is performed.The issue of coveralls was discussed and it was agreed that coveralls will be re-fitted for employees within thirty (30) days of written request. The company agrees to maintain seven (7) pairs of coveralls for full time employees and four (4) pair of coveralls for part time employees that have completed their pro-bationary period.

Article 30 New Employee Orientation

Union Information for New EmployeesThe Employer agrees to acquaint new employees with the fact that Collective Agreement is in effect and with conditions of employment set out in the articles dealing with Union Security and Dues Check-off. A new employee shall be advised of the name and location of his/her union representative. Whenever the union representative is employed in the same work area as the new employee, the employee’s immediate supervisor will introduce him/her to his/her union representative who will pro-

(February 6, 2017 / 08:21:30)


– 24 –

vide the employee with a copy of the Collective Agreement. The Employer agrees that a Union representative will be give an opportunity to interview each new employee within regu-lar working hours, without loss of pay, for fifteen (15) minutes sometime during the first thirty (30) days of employment for the purpose of acquainting the new employee with the benefits and duties of Union membership and the employees’ responsibilities and obligations to the Employer and the Union.

Article 31 Administration of Discipline

1. When an employee is called to an interview by a member of supervision, and the subject of the interview is discipline, the employee will be so informed before the interview and will be advised of entitlement to Union Representation be-fore the interview. The interview will not proceed without a Committee person present, should the employee elect rep-resentation.

2. No written disciplinary action shall remain against an em-ployee’s record for a period longer than twelve (12) months.

3. Discipline is defined as a written warning to an employee; a copy must be given to the Committee person.

4. Disciplinary action shall be taken against an employee no later than five (5) working days from the time of the inci-dent/infraction, provided the employee is present at work. In cases of unusual or extenuating circumstances, the stated time limit does not apply.

5. For the purposes of progressive discipline, the company will treat attendance and job performance/work-related in-cidents separately.

Article 32 Health & Safety

1. The parties are committed to workplace health & safety and will make adequate provision for the safety and health of all employees during hours of employment.

2. A joint health & safety committee will be established with an equal number of bargaining unit and non-bargaining unit

(February 6, 2017 / 08:21:31)


– 25 –

employees. A list of committee members will be posted in a conspicuous place. The union members of the committee shall meet for two (2) hours prior to the monthly JH&SC meeting.

3. All time spent by the Health & Safety Committee on rel-evant matters will be paid at regular or premium rates of pay as may be required under this Agreement.

4. The company will pay up to $120.00 per calendar year to-wards the purchase of CSA approved safety footwear which must be worn as a condition of employment and damaged safety footwear will be replaced. Where rubber boots (CSA approved) are required, these will be provided by the Com-pany at no cost to the employee. The foregoing will be pro-vided to employees who have completed their probationary periods. It is further understood and agreed that the use of such footwear is a job requirement. Employees who fail to have this P.P.E. available when required will be sent home without pay to retrieve such or will be subject to discipline.

5. The current practice re: provision of coveralls shall prevail. It is further agreed that the company will provide the heav-ier coveralls when employees work in stamping. The com-pany also agrees to keep a minimum stock of the heavier coveralls in their office of: three pair medium, three pair large, and three pair extra-large at all times.

6. First Aid Attendants: a) There shall be qualified first aid attendants holding a

Standard First Aid certificate, present on all shifts. The company agrees to pay for one (1) selected employee per shift from the bargaining unit.

b) The company shall pay for the fees, textbooks and lost time of all first aid attendants and explained in paragraph (a), upon the successful completion of the course.

7. The joint health & safety committee shall put explicit operational guidelines in place to deal with alleged unsafe practice concerns, plant tours and health & safety training, including certification under Bill 208. A concern procedure will be developed by the JH&SC and posted.

(February 6, 2017 / 08:21:31)


– 26 –

8. Education and Training a) No employee shall be required or allowed to work on

any job or operate any piece of equipment until he/she has received proper education, training and instruction.

b) All members of the joint health and safety commit-tee will attend the following courses unless they have taken these courses in the previous year.

1) WHSC Level 1 2) Core Certification Course – 4 Day 3) WHSA MIPP 4) WHSC Ergonomics c) The company will ensure that the lost time, per diem or

meal, and travel and accommodations where necessary, is paid to the employees that participate in the training required by the collective agreement.

All such training will be completed within twelve (12) months of the effective date of this collective agreement.

9. Lockout Training The training program shall be the eight (8) hour course

offered by Unifor with such additional course material as committee may determine necessary.

10. The JHSC shall review and develop a procedure for con-fined space entry and review all training requirements.

11. The JHSC will obtain written information, which iden-tifies all the biological agents, compounds, substances, by-products and physical hazards, associated with the work environment. This information shall include, but not be limited to, potential hazards, results of testing to deter-mine levels of contamination, maximum allowable levels, precautions to be taken, symptoms, medical treatment and antidotes.

12. The company shall ensure that annual audiometric tests and noise surveys are made available for all employees. The re-sults will be given to the employees in a sealed envelope. Statistics shall be supplied to the JH&SC. Permanent rec-ords shall be maintained at the workplace and at the Min-istry of Labour’s archives.

13. In the event of legislative changes to the Ontario Health

(February 6, 2017 / 08:21:31)


– 27 –

and Safety Act, the Parties agree that the minimum standard shall be the language in the legislation in effect as of Nov-ember 1, 1996 in regards to an employee’s right to refuse unsafe work.

14. It is agreed that water will be made available during shut down periods.

15. Winter clothing will be made available by October 1st of each year and ownership and responsibility of said clothing will be assigned to the respective employees.

Article 33 Vacations

1. Annual vacation with pay shall be taken in accordance with the length of service as at June 30 of the calendar year.

2. The Company will allow eighty (80) hours vacation to be taken in eight (8) hour blocks. However, this will not affect the concept of vacation relief per current practice. An em-ployee with less than one year’s service will receive vaca-tion allowance totaling 4% of gross earnings.

3. An employee with one (1) or more year of service will re-ceive vacation and pay as per the following table:

Service Entitlement Payment 1 but less than 3 years 2 weeks 40 hours 3 but less than 5 years 3 weeks 80 hours 5 or more but less than 10 years 4 weeks 120 hours 10 or more years 5 weeks 160 hours4. Vacation from January 1st to February 28th will be allowed

on a first request basis. Vacations must be picked by Febru-ary 15th, based on sign up by seniority by crew. These are subject to the maximum allowable weeks per crew.

Effective February 28th, employees who have failed to sign up for vacation will be assigned at the company’s discre-tion.

An employee who has worked less than: 750 hours due to S/A 400 hours due to WSIB 840 hours due to other conditions

(February 6, 2017 / 08:21:32)


– 28 –

Within the preceding calendar year will have the appro-priate payment reduced by 5% for each fifty (50) hours or fraction thereof by which he/she has failed to work the min-imum hours for that year.

Article 34 Holiday Pay Plan

1. The following holidays shall be paid holidays under this Agreement:

New Year’s Day Good Friday Easter Monday Friday before Victoria Day Victoria Day Canada Day Friday before Labour Day Labour Day Friday before Thanksgiving Day Thanksgiving Day Christmas Day Boxing Day These designated days will correspond to the Brampton

FCA scheduled days. It is understood that December 31st will be paid at time and

one half for all hours worked on said day.2. An employee who has completed ninety (90) days of em-

ployment, on or before the date of a paid Holiday, shall re-ceive eight (8) hours holiday allowance at the employee’s regular rate of pay for such holiday providing the employee works the regularly scheduled work days immediately pre-ceding and following the holiday.

3. An employee absent with a reasonable excuse on the quali-fying day(s) will receive the Holiday allowance. Reason-able excuse will include bereavement leave, jury duty, court subpoena, scheduled vacation and Union business leave and substantiated medical absences.

4. An employee whose regularly scheduled shift falls on a paid holiday will receive the Holiday Allowance plus two times pay at a regular rate for all hours worked on the holiday.

(February 6, 2017 / 08:21:32)


– 29 –

5. The entitlement of part time employees to public holiday pay shall be limited to the minimum standards prescribed by the Employment Standards Act, 2000, as amended.

6. When Christmas day, Boxing day and /or New Year’s day fall on a Saturday or Sunday a substitute holiday will be observed the following business day or days.

Article 35 Group Insurance Benefits

1. The company will pay 100% of the premium costs of the following benefits. Eligibility for coverage commences the first month following the successful completion of the pro-bationary period.

2. Life Insurance – No COLA on life insurance. Base salary.3. AD & D – One time’s annual earnings LTD – Is equal to 60% of monthly gross pay until age 65 – Starting on November 1st, 2002, long-term disability re-

cipients will have this benefit adjusted annually by 90% of the inflation rate.

4. Extended Health Care – 10% payment on drug purchases to a maximum of $310

per year of generic drugs with physician’s approval. Elimination of coverage for any drug not requiring a pre-scription for dispensing from the drug program. Change excludes drugs considered “life sustaining” and a list of specific drugs that will remain covered.

NOTE: The drug card will not be available until 45 days (ap-

proximately) after notification.5. Dental Plan – Level 1 & 2 – 100% – Level 3 – 50% – Annual maximum benefit levels 1, 2 and 3 combined is

two thousand and five hundred dollars ($2,500.00). – It is understood that white fillings will be covered at 100%

(February 6, 2017 / 08:21:33)


– 30 –

Orthodontics – Only for children under nineteen (19) years of age. – Maximum benefit of three thousand and two hundred

dollars ($3,200.00). Note: Dental fees are based on the 2011 ODA. There will

be a two (2) year running lag for the life of the agreement.

Note: No Semi private hospital coverage.6. Vision Care Benefits under Extended Health Care: (as per

FCA Collective Agreement.) Single Vision –two hundred and twenty dollars ($220.00)

per twenty-four (24) months. Bifocal Vision – Two hundred and seventy-five dollars

($275.00) per twenty-four (24) months. Multi-focal –Three hundred and forty-five ($345.00) per

twenty-four (24) months. The multi-focal amount may be applied toward laser eye

surgery. This benefit would be in lieu of any claim under the vision care plan for the next twenty-four (24) months.

7. One pair of prescription safety glasses per 24 month period, up to a maximum of $345 will be covered by the company. A receipt for the glasses must be supplied.

8. Day surgery will be covered under the Weekly Indemnity portion of the benefits, from the first day of the occurrence.

9. A WSIB waiver will be provided to ensure that there is no loss of income during the waiting period.

10. Chiropractic Benefits – A fifteen dollar ($15.00) per visit chiropractic benefit will be paid while the provincial plan (OHIP) is being paid.

11. Speech Therapy – One thousand dollars ($1,000.00) annu-ally.

12. Psychologist services – six hundred dollars ($600.00) an-nually.

13. Insulin Pump – The insulin Pump coverage will be a maximum of five thousand and five hundred ($5,500.00) once every five years. Insulin infusion pump supplies will

(February 6, 2017 / 08:21:33)


– 31 –

be covered to a maximum of two hundred and fifty dollars ($250.00) per month. The coverage is for children up to eighteen years of age with type-one diabetes.

14. Visco-Supplementation – Visco-supplementation therapy benefit coverage of up three hundred dollars ($300.00) per treatment cycle to a maximum of twelve hundred dollars ($1,200.00) every three years.

15. Health and Dental benefits will be extended to three (3) months post permanent lay-off.

The company shall supply a brochure / booklet which will outline the benefits in more detail. In addition, a copy of the policy will be given to the Union.

Any changes made to Group Insurance benefits in this agreement will be made effective November 1, 2016.

16. The parties agree that the eye exam benefit has been in-creased to $85.00 per twenty-four (24) month period.

17. The Company and the Union agree to set up a task force to help retiring employees with the enrolment of a Desjardins post-retirement benefit plan. The premiums will be paid directly to Desjardins by the employee.

Article 36 Weekly Indemnity Plan

1. Employees absent because of sickness and accident shall be paid a weekly indemnity benefit totalling 66.67% of their salary.

Duration of Benefits: 52 weeks maximum Benefits commence on: a) First day due to accident or

hospitalization b) Fifth day due to illness2. Eligibility for coverage commences the first of the month

following the successful completion of the probationary period.

Article 37 Substance Abuse

Substance abuse is recognized to be a serious medical and social

(February 6, 2017 / 08:21:33)


– 32 –

problem that can affect employees. The Company and Union have a strong interest in encouraging early treatment and as-sisting employees towards full rehabilitation.The company will continue to provide a comprehensive ap-proach towards dealing with substance abuse and its related problems. Company assistance will include referral of em-ployees to appropriate counselling services or treatment and rehabilitation facilities.The company will provide all normal group insurance benefits while under a medically prescribed course of treatment.A committee will be set up comprising representation of the Company and the Union to administer the program. Union Sub-stance Abuse Representatives will be provided such time as is necessary for the administration of the program.

Article 38 Cost of Living Allowance

Shall now be read as follows:COLA is frozen at $0.59 for the duration of the agreement and will float outside of the base rate until it is reactivated in June of 2020.

Article 39 Pension Plan

1. The parties agree to initiate a basic pension plan under Can-ada-Wide Industrial Pension Plan. The Company agrees to contribute two dollars, twenty-five cents ($2.25) per hour for the duration of the agreement.

It is understood that the company will credit for pension purposes all hours paid towards vacation, PPD days and Union leaves of absence.

2. The parties agreed to an unreduced pension at age 60.

Article 40 Personal Paid Days (P.P.Ds)

1. Each seniority employee will be eligible for eighty (80) hours of PPD allowance at the employee’s regular rate of

(February 6, 2017 / 08:21:34)


– 33 –

pay. Paid personal days will be earned and taken in a min-imum of four (4) hour blocks upon providing the company with four (4) hours’ notice.

2. Personal paid days will be granted during shutdown periods upon providing the company with twenty-four (24) hours’ notice.

On September 1st of each contract year, unscheduled P.P.D.s will be assigned.

An employee who has worked less than: 750 hours due to S/A 400 hours due to WSIB 850 hours due to LOA Within the preceding calendar year will have the appropri-

ate payment reduced by 5% for each 50 hours of fraction thereof by which he/she has failed to work the minimum hours for that year.

(February 6, 2017 / 08:21:34)


– 34 –

Article 41 Termination

The agreement shall be effective from the 1st day of November, 2016 to and including the 31st of October, 2020. Either party shall be entitled to give notice in writing to the other party as provided in the Labour Relations Act of its desire to bargain with a view to the renewal of the expiring collective agreement at any time with a period of 90 days before the expiry date of the agreement. Following such notice to bargain the parties shall meet within 15 days of the notice or within such further period as the parties mutually agree upon.It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing to extend this agreement be-yond the expiry date of the 31st day of October, 2020, for any stated period acceptable to the parties and in accordance with the Labour Relations Act.Signed on this date of October 6, 2016 in Toronto, OntarioFor The Union For The Union For The Company _______________ _______________ _______________ Whitey MacDonald Leon Rideout Martin Griffin _______________ _______________ _______________ Ed Flude Remo Pezzente Darren Walker _______________ _______________ _______________ Julian Umana Bert Gilbert

(February 6, 2017 / 08:21:34)


– 35 –

Article 42 Restructuring Incentives

In an effort to achieve cost reductions throughout the life of con-tract, Team Industrial retains, at its discretion, the ability to pro-vide periodic restructuring incentives consistent with provisions of Article 42. By doing, so Team Industrial may offer voluntary separation packages to eligible full time employees.The primary objective of the incentive is to reduce labor cost and achieve market competitive wage rates. When full time em-ployees accept a separation package, the vacant positions will be filled at Team Industrial’s discretion. Where possible the sought after wage rate for the separated employee must remain consistent with provisions described in the Classification and Wages article and therefore the aim is to fill vacant positions with new full time employees at the entry level rate of $19.95, where possible.In situations where restructuring will result in the layoff of junior employees (or reduce from full time to part time) the company agrees to offset the equivalent number of layoffs by offering voluntary separation packages to employees in order of inverse seniority. If the employee is retirement eligible, the package will be offered as a retirement incentive. Those who are not retirement eligible will be offered such packages to sever their employment.

(February 6, 2017 / 08:21:35)


– 36 –

The incentives/severance scale will be as follows: Years of Service Amount 5 to 6 $27,500 6 to 7 $29,500 7 to 8 $31,500 8 to 9 $33,500 9 to 10 $35,500 10 to 11 $37,500 11 to 12 $39,500 12 to 13 $41,500 13 to 14 $43,500 14 to 15 $45,500 15 to 16 $47,500 16 to 17 $49,500 17 to 18 $51,500 18 to 19 $53,500 19 to 20 $55,500 20 to 21 $57,500 21 to 22 $59,500 22 to 23 $61,500 23 to 24 $63,500 24 to 25 $65,500 25 and over $67,500*Fractional years of service will always be rounded up.Any payment of separation package of full time employee will result in that employee permanently leaving the employment of the company.

(February 6, 2017 / 08:21:35)


– 37 –

Article 43 Voluntary Severance regarding change in contract:

In the event that FCA sources out the cleaning operations from Team Industrial to any other company, employees shall be of-fered a voluntary separation incentive (retirement/severance) of sixty thousand dollars ($60,000) for full time employees and thirty thousand ($30,000) for part time employees within ninety days of the change of contract.The parties agree that should the contract between FCA Can-ada Limited and the company be terminated for any reason, the work performed by the current members of the bargaining unit, be transferred or sold by FCA Canada Limited to any other third party, then this collective agreement including all liabil-ities associated with it (including, but not limited to notice and severance obligations pursuant to the employment standards act), shall be binding on the third party as if it were signatory to this agreement. Notwithstanding the generality of the above, the parties also agree that the company is a “building services provider” and that the two parties are covered by Part XIX, Building Services Providers, of the Employment Standards Act.

(February 6, 2017 / 08:21:35)


– 38 –

Appendix “A” Part Time Employees and Casual Part Time EmployeesThe Parties agree that PTs and CPTs may be used under the following conditions:

Part Time Employees (PTs)1. They are to be used to replace employees absent on

P.P.D.s, vacation overflow, weekly indemnity, WSIB cases, L.O.A.s, bereavements, casual absence and jury duty, or after all scheduled overtime during the week has been re-fused. Production spikes and shutdown periods per current practice.

2. Any new part time employee hired after July 1, 2013 will be at 60% of the Team Member rate (includes base COLA, shift premium and general increases as applicable).

3. PTs will acquire seniority upon the completion of the pro-bationary period and be placed on a P.T. seniority list. This list will be utilized solely for preferential hiring for full time vacancies.

4. PTs will be eligible for pay based on the crew they work.

5. PTs are not to be used to circumvent payment of overtime or to displace a regular full time vacancy.

6. PTs will pay union dues as per the constitution of Unifor.

7. A PT employee moving to a full time vacancy will keep all accrued seniority when placed on the full time seniority list.

8. PTs will be scheduled on a rotational basis subject to a monthly review, where adjustments will be made to provide reasonable equity of hours in the following months through scheduling adjustments.

9. This monthly review will be conducted with the plant Chairperson, with weekly updates as to who is working and for what reason.

10. The company agrees to maintain no more than the following number of part-time workers in the Brampton FCA facility. Fifteen (15) for the entire calendar year, and an additional five (5) during the months of May through September.

(February 6, 2017 / 08:21:36)


– 39 –

11. All part timers to be trained on all operations by March 1st of each year. The method of training to be mutually agreed between the Company and the Union.

12. Part timers will be paid vacation twice annually on the first pay period in June and the first pay period in December.

Casual Part Time Employees (CPTs)1. May be used during shutdown periods and when all PTs are

unavailable and would normally work.2. Any new casual part time (CPT) employee hired after July

1, 2013 will be at 50% of the Team Member rate (includes base COLA, shift premium and general increases as applic-able).

3. A CPT will pay the applicable Union Dues as per the Unifor constitution.

(February 6, 2017 / 08:21:36)


– 40 –

Group Self-Directed SUB FundThe Company agrees to implement a self-directed Group SUB Fund for employees as follows, effective February 1, 1997. Em-ployees hired on or after July 1, 2013 are not entitled to SUB Fund deposits until after 5 years of employment.

The following contributions shall continue to be made:

$500.00 lump sum December 1, 2016 $500.00 lump sum December 1, 2017 $500.00 lump sum December 1, 2018 $500.00 lump sum December 1, 2019

In addition the Company will contribute $125.00 per month in which each employee received pay for work, PPD or vacation. These payments shall continue for the life of the agreement.

1) Withdrawals will be permitted at employee’s discretion and at any amount desired.

Letter of Understanding #1 Job Assignments

The parties agree that following January 2003 Crew Selection, the employees on all crews will be cross trained on all oper-ations. This process is to be directed by the union and repeated every eighteen (18) months.

When the employees are trained on the operations, they will then settle in to the job assignments, by a system to be deter-mined through discussions with the union representative, em-ployees and supervisors on each crew.

Following the cross training for versatility. The employee will settle into a system of regular assignments. The company will provide the cross training schedule to be used within four weeks after ratification of the contract. The company will complete versatility training requirements by December 31/2003. In the event of unexpected downtime an extension will be granted to deadline leading up to December 31/2003 which shall be equal to the downtime.

This person will be reviewed with the union, employees and supervisor each year for problems and / or job changes.

(February 6, 2017 / 08:21:36)


– 41 –

It is understood that employees may be assigned to any oper-ations where they may be required however job assignment shall not be made for punitive reasons or on the basis of favouritism.Dated November 06, 2002 Time

Letter of Understanding #1 Job Assignments

It is understood that a replacement worker will be assigned to the job of the worker that he/she is replacing. It is also agreed that some exceptions may apply.Dated November 16, 2005.

Letter of Understanding #2 Lockers, Coveralls, Gloves and Rubber Boots

The parties agree to locally resolve the issue of lockers, cover-alls, gloves and rubber boots.The company agrees to provide a new employee change area for both men and women with individual lockers. It is further agreed that this new change area will be free of hazards.The change area will be equipped with a shower stall.Dated: November 06, 2002 Time

Letter of Understanding #3 FCA Car Purchase Plan

Team Industrial will continue to advocate for the affiliate em-ployee pricing for FCA vehicles to all bargaining unit members covered under this agreement.

Letter of Understanding #4 Health and Safety

Team Industrial agrees to review its health and safety pro-cedures with Mike Raymond of the Unifor Health and Safety Department and FCA Manager of Labour and Safety (or their designates) to ensure they are appropriate.Safety complaints will be dealt with as quickly as possible using available resources.

(February 6, 2017 / 08:21:37)


– 42 –

Letter of Understanding #5 Work Ownership

This shall confirm the parties agree that the traditional scope of work performed by Team Industrial is exempt and is not a major operation under the work ownership provisions negotiated by FCA Canada LTD, and Unifor.

Letter of Understanding #6 Job Postings

All job postings will be posted on Fridays and removed after two (2) weeks.

Letter of Understanding #7 Water Blasters

It is understood that water blasting is sporadic and as a result is difficult to staff. Consistent with the needs of the Company to service the client and with the needs to accelerate employee training as water blasters, the parties agree that due to safety issues and the hours on a lance (water blasting gun) required to progress in training the following will occur.1. If water blasting is needed, there will be a minimum of two

(2) water blasters per shift. Any changes from current water blasting staffing will be

mutually agreed prior to implementation. Water blasters to earn the Team Member rate plus 75 cents

per hour.2. Blaster Trainee vacancies will be posted.3. Water blasting will be defined as any pressurized water sys-

tem exceeding 5,000 psi.4. It is understood that two (2) water blasters will be employed

for each one (1) water blasting job.5. Each water blasting crew will be re-issued one extra wide

cabinet for the storage of their equipment, separate from their change lockers.

Water Blaster Requirements Trainee: – Watch Jetstream Video – Hand Lance for 100 hours

(February 6, 2017 / 08:21:37)


– 43 –

Water blaster: – 100 hours of Hand Lancing, Moleing, Set a Baird valve.

– Start up and shut down of a pump and spin jetting.

6. The committee shall establish maintenance requirements for pumps.

Dated November 16, 2005 Time

Letter of Understanding #8Recognizing such, the parties agree to make petitions to FCA within the areas of Team Industrial work responsibility to ab-sorb some of the non-historical jobs in the plant area where we work e.g. painting in paint shop and perimeter areas where we presently operate. This could also include taking over the scope of work of other suppliers with poor labour relations to ensure a win-win for the C.A.W. FCA Canada and Team Industrial.

Letter of Understanding #9The Company will pay upon completion of Spanish translation of the Collective Agreement. It is agreed that in the event of a conflict between the interpretation of the Spanish and English Agreements, the language of the English Agreement will pre-vail.

Letter of Understanding #10 Re: Employment Standards

The current employment standards act provisions in effect at November 1, 1996 will continue to apply to all employees, un-less changes to this Act provide a greater benefit.

Letter of Understanding #11Casual absence will be recognized, as up to two days of absence beginning the first day that the employee is absent from work. It is understood that the full time employees will cover casual absence with overtime. The company reserves the right to offer such overtime opportunity to part time workers, once all full time workers have been exhausted.

(February 6, 2017 / 08:21:37)


– 44 –

Letter of Understanding #12 Re: Dependent Scholarship program

1) The Company will pay tuition or refund up to one thou-sand, two hundred and fifty ($1250) dollars per calendar year to employee’s children dependents enrolled in an ac-credited or equivalent full-time University or College. The dependent must be enrolled under the employee’s benefits program. Employees hired on or after July 1, 2013 are not entitled to the Dependent Scholarship refund for first 10 years of employment.

2) The Company will issue the gross payment in the name of the dependant student reporting the gross income paid. (HR investigating)

Letter of Understanding #13New Tech1) Technological change includes the introduction by the em-

ployer of a change in his/her work or a change in equipment. If in any event the employer should have any technological

changes, the employer will immediately inform the union. The employer shall have a proper trainer to train the em-ployees who are going to be in contact with said equipment.

2) Contracting Out It is the policy of the company to fully utilize regular em-

ployees in all classifications covered under this agreement in all cases.

In the event the company contracts out work the following procedure will apply:

1) The company will notify the union in writing one (1) week in advance of:

a) The nature of the work being performed b) The location of the work being performed c) The length of time the work being performed will

take d) The number of outside contractors performing the

work The company will offer the equivalent of work contracted

out to employees through overtime, using the overtime pro-cedure.

(February 6, 2017 / 08:21:38)


– 45 –

Letter of Understanding #14SUB FUNDIt is understood by both the company and the union that monies generated by the “Group directed sub fund” are in-clusive of all wages top-ups.This is inclusive but not limited to Article 8 lay-offs and Re-calls, specifically short work week and Article 12 Maternity and Paternity EI top up.The parties agree that this money paid out by the company to the employee is representative of wage top up language.

Letter of Understanding #15BRAP – stands for Brampton Assembly Plant

Letter of Understanding #16 Administrative Guidelines for Ratification bonus

Ratification Bonus (Payable in November, 2016)$1,500 for Full Time Active Employees$750 for Part Time Active Employees • Employees must be active at time of ratification • Employees that are not active must have hours worked

during 2016 • Employees on WSIB, S/A or Maternity/Adoption/Par-

ental leaves with no hours worked in 2016, must have hours worked in 2015 to be eligible.

Basic Education Skills Training (B.E.S.T.)During negotiations, the parties discussed the value of providing support and assistance to employees who wish to improve their ability in reading, writing, and mathematics. As a result of these discussions, the company and the Union, agreed to continue to implement the B.E.S.T. program at the Brampton FCA facility.The program will be implemented as per the Brampton FCA Unifor collective agreement. However, the Union agreed that the Company would not incur any extra expenses to support the wages of the B.E.S.T. program instructors.

(February 6, 2017 / 08:21:38)


– 46 –

AWS LETTER OF UNDERSTANDINGIn the event FCA-Brampton requires Team Industrial to go to an AWS, the following shall apply.The parties agree to sit down and initiate discussion on a new work schedule.

MISCELLANEOUSBENEFITSPayments for time not worked (i.e. holiday, vacation, bereave-ment, jury duty, parental leave, W.S.I.B) and benefits (i.e. pen-sion, W.I. and Life Insurance) will continue with the under-standing that employees covered by this L.O.U. would neither be advantaged nor disadvantaged.

INITIAL STAFFING OF AWSReturn to AWS operations, “during periods when now standard operations is not being utilized, the terms and conditions of AWS work schedule would apply.”

RETURN TO STANDARD OPERATIONSDuring period when an AWS is not being utilized e.g. shutdowns / retooling / etc. the terms and conditions of the traditional work schedules would apply.

UNIQUENESSThe parties agree that, consistent with FCA cost reduction re-quests from labor, Team Industrial has informed UNIFOR at all levels that the implementation of an AWS work schedule will come into effect as soon as January 1, 2017. It is agreed that any published letters, unpublished letters and language from the 2012 – 2016 Collective Agreement that was not mu-tually agreed to change will remain the same for the 2016-2020 Collective Agreement.

BAP Labor Relations LetterThe language agreed upon on this day of October 6, 2016 will become effective November 1, 2016.It is agreed that during the course of bargaining, it shall be open to the parties to agree in writing to extend this agreement be-

(February 6, 2017 / 08:21:38)


– 47 –

yond the expiry date of the October 31st, 2020 for any stated period acceptable to the parties and in accordance to the Labour Relations Act.

AppendixActive employees – employees who are not on a leave of ab-senceCPT – refers to Casual Part time employeesDependent – Employee’s children who are on the employee’s benefits planEmployee – refers to Full time employeesPart Time – refers to Part time employees

(February 6, 2017 / 08:21:39)


NOTES


Printed by Thistle Printing Limited35 Mobile Drive, Toronto, Ontario

M4A 2P6

(February 6, 2017 / 08:21:40)


100668-1 TeamIndustrial BRAPPaint Unifor1285 rev p01.pdf ... and Technical... · COLLECTIVE...

Documents

Transcript of 100668-1 TeamIndustrial BRAPPaint Unifor1285 rev p01.pdf ... and Technical... · COLLECTIVE...