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AGREEMENT

BETWEEN

CADBURY ADAMS CANADA INC. 277 GLADSTONE AVENUE

TORONTO, ONT ARlO

Hereinafter referred to as the "COMPANY"

OFTHEFIRSTPA_RT

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 772

Hereinafter referred to as the "UNION''

OF THE SECOND PART

DURATION: December 28, 2008 to DecemberJI, 2011

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INDEX

SUBJECT PAGE SUBJECT PAGE

Accident & Illness Plan 10 Management Rights 2

A.D. & D. Plan 12 Meal Allowance 19

Arbitration 5 Miscellaneous Provisions 6

Bereavement 18 Overtime 8

Bulletin Boards 19 Paid Holidays 15

Call-In Pay 9 Parking 20

Change of Schedule 8 Rates of Pay 9

Check-Off 3 Safety 18

Clothing 20 Saturday/Sunday Premium 8

Dental Plan 12 Schedules 6

Duration of Agreement 7 Seniority 17

Employment Records 20 Separation Allowance 20

Extended Health Benefit Plan 11 Shift Differential 8

General Purpose 2 Shoe Allowance 19

Grievance Procedure 4 Sick Leave 11

Hours of Work 8 Strikes & Lockouts 6

Jury Duty 18 Tool Allowance 19

Labour Education Lcaye 18 Union Recognition ')

Leave of Abst.:ncc ilJ tJnion Representation ' _,

Lite Insurance Plan J l Union Securit; ')

L.T.D. Plan J J Vacations i<'i

Vision Care Plan 12

GENERAL PURPOSE

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ARTICLE I

1.01 The general purpose of this Agreement is to provide orderly collective bargaining relations between the Company and the Union, to establish and maintain working conditions, hours of work and wages, and to provide a procedure for the prompt and equitable disposition of grievances, for all employees who are subject to the provisions of this Agreement.

ARTICLE II

MANAGEMENT RIGHTS

2.0 I The Union recognizes that it is the exclusive function of the Company to:

Hire, discharge, classifY, transfer, promote, demote or discipline employees provided that a claim of discriminatory promotion, demotion, or transfer, or a claim that an employee has been discharged or disciplined without reasonable cause or contrary to the provisions of this Agreement may be the subject of a grievance and dealt with as hereinafter provided.

Manage the industrial enterprise in which the Company may be fi·om time to time engaged and without restricting the generality of the foregoing, to determine the number and location of buildings, the remuneration, the schedules of production, the kinds and locations of machines and tools to be used, the processes of manufacturing and assembling, the engineering and designing of its products, and the control of materials and the parts and/or materials to be incorporated in the products produced.

ARTICLE Ill

UNION RECOGN!TION

3.01 The Company recognizes the Union as the sole bargaining agent of all Operating Engineers, including the Working Chief Operating Engineer, if so appointed, ofCadbury Adams Canada Inc., at its Gladstone Avenue Plant, Toronto, save and except the Powerhouse Manager.

UNION SECURITY

3.0~ The Comrany Jgrecs that ali emplu;ees no;v m1..:mbcrs nhhe {Jnion and thGse \vho bec~)Ine mcn1lx:rs of the l _Inion shall. ~1s a condition o!' employmcnr. i\~main rn~mb;.::rs of th.: ( fnion f(:r the duration of this Agreement. Allnevv employees are required to pay an initiation fee and dues to the International Union of Operating Engineers, Local 772 tollo\\ing their completion of the ninety (90) days \Vorkcd probation period. En1ployccs '.\ill h~ cvnsidered members of the Union as tong as th~y continue to pay regular Union dues as pr(:scribcd b;. the Local and fntcrnation3J Constitution.

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The Company agrees there will be no discrimination, interference, restraint or coercion exercised or practiced by the Company or by any of its representatives, with respect to any employee because of membership in the Union and that membership in the Union by employees who are eligible to join will not be discouraged.

The Union agrees that will be no intimidation, interference, restraint or coercion exercised or practiced upon employees of the Company by any of its members or representatives and there will be no Union activity, solicitation for membership or collection of dues on Company time and no meetings on Company premises except with the permission of the Company.

In any disciplinary meeting, an employee shall have the right to be accompanied by a Union Steward.

CHECK-OFF

3.03 The Company agrees to deduct from the pay due an employee the regular monthly Union dues. The Company further agrees to transmit the amounts so deducted to the Financial Secretary of the Local Union on or before the last day of each month, together with a list of the employees from whom such deductions are made. The Union agrees to notifY the Company of the amount of the regular Union dues.

ARTICLE IV

UNION REPRESENTATION

4.01 The Company will recognize a Union Committee of not more than two (2) employees from within the Bargaining Unit.

To be eligible for membership in the Union Committee, an employee must have been continuously in the employ of the Company for not less than one ( l) year.

Meetings between the Company representatives and the Union Committee shall be held at such times as shall be mutually agreed. The party requesting the meeting shall advise the other party in advance, in writing, of the matters which are to be discussed at the meeting.

Employee members of the Union Committee shall draw pay at their usual hourly rate for time spent at a Union Committee meeting with Company representatives during normal working hours.

:_-L02 rhc Union shall notify the Con1pany from time to 1in1t~ of the names oftbe Con1mittee n1embers. the respecti-ve: dates or their appointm..:;nt :1nd the nank'S of :-my ,Jf the fonner Stc\\ a reb and

Conunittec n1en1bcrs \VhOnl the) ar~ replacing.

The Unio11 acknO\\ ledges that Con1n1ittcc rnembl:'rs h8Vt:! regular ,Jutics h) p~rform in connection

'"' ith th..;ir ...:Inployment and that only such tirne as reasonably necessary \\-jlJ be consur11ed b; such

p~rsons during working hours in order to 3tf(;nd to the business of administering this ./\grcenKnt. Committee! members shall be paid such time at tkir regular job rate only during ihe regular \lOlling

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hours.

Members of the Union Committee may only leave their regular duties to investigate or settle grievances or to meet Company officials in the administration of this Agreement.

Before leaving their regular duties, Committee members shall obtain the consent of the Powerhouse Manager, or designate, after informing the nature of the business, where they are going, and the approximate time necessary to transact such business. Upon their return, they shall report back to the Powerhouse Manager, or designate. It is agreed that prompt adj ustrnent of grievances is desirable but that the investigation and settling of grievances shall interfere with work as little as possible.

ARTICLEV

REGULATIONS RE: GRIEVANCES

5.0 I The Company may refuse to consider any grievance which originated more than seven (7) full working days immediately prior to its reference to the Powerhouse Manager.

5.02 After one or more of the steps of the grievance procedure have taken place and no further step of such procedure has been taken within seven (7) full working days of the decision given pursuant to the last step, then it is agreed that the decision given on the last step taken in the grievance procedure shall be taken as final and binding on such grievance. In respect to items involving pay, an extension of the time limit may be requested by either party.

GRIEVANCE PROCEDURE

5.03 STEP NO.1: An employee's grievance may be presented to the Powerhouse Manager. Aggrieved employee(s) shall have the assistance of a Union Officer (who is also an employee) in presenting their case. The Powerhouse Manager shall make every reasonable effmi to settle the grievance. Grievances not settled to the satisfaction of the employee concerned at this step within two (2) working days after they are referred to the Powerhouse Manager are eligible to be brought to Step No.2.

STEP NO.2: A written statement of the grievance shall be prepared by the employee involved and brought before the Powerhouse Manager within three (3) full working days after receiving the decision of the Powerhouse Manager. If so desired, the aggrieved employee may have the assistance of a Union Ofticer (who is also an employee) in presenting the case. A written answer shall be given by the Poworhousc l\lanager to the aggriew:d employe-e within three 13) f\1ll \vorking davs at1er the date uf the staten1~:ni. Gri~~v:Jnces not adJ. U:-)ted to the 5atisH1ction of the emokn-cc "' • 1 .,.

::1tlCcted in Step No.1. arc ..;/igib!e to be hrought !o Step No. 3.

STEP NO.3: A Union grievance committee consisting of not more than two (2) employees ma} present grievance:; in\\ riting to the J\1anagcr, Hmnan Resources \vithin three (3) full working days after the employee concerned has received the \\ritten anS\\er rckrred to in Step No.2 abme. The mcrnbers of the gri~,·~-mcc- com1nittee rnay be accon1panied hy the International RepresentatiYt: of th..: Union ''hen the grievance is being considered at this step. Not more than ten (I 0) \·\l1l·king

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days shall elapse between the day of the meeting under Step No.3 and if the final answer is not acceptable to the grievance committee the grievance may, within fifteen (15) working days after receiving the said answer, be referred to an arbitrator under Step No. 4.

STEP NO. 4: Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that the Agreement has been violated, either of the parties may, after exhausting the grievance procedure set out in Steps 1, 2, and 3 above, notifY the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee as an arbitrator and shall state the issue in dispute and article or articles of the Agreement which are alleged to have been violated.

5.04 A grievance ofthe Employer or a policy or group grievance of the Union, which is distinguished from an individual employee's grievance, must be sent by registered mail to be personally delivered to the Manager, Human Resources of the Employer or to the Business Manager of the U11ion, as the case may be, within fifteen (15) days after the occurrence of the matter \V:bich is the subject of the grievance. The parties shall meet to discuss any such grievance within the said ten (10) working days then, if the matter is not resolved, either party may notifY the either party in writing within a further period of five ( 5) working days that it intends to proceed to arbitration and shall contain details of the grievance, a statement of the exact matter in dispute, and a statement of the relief sought from an arbitration board.

ARTICLE VI

ARBITRATION

6.01 The recipient of a notice, signifYing the other party's intention to apply for arbitration, shall within five (5) days thereafter nominate its representative to the arbitration board, who in turn will contact the other party's nominee to the arbitration board in an attempt to choose a Chair. If the two (2) nominees are unable to agree upon a Chair within five (5) days, then either party may request the Minister of Labour for Ontario to appoint a Chair.

When agreement exists between the two parties, a single arbitrator may be appointed to rule on a grievance dispute. The single arbitrator shall be chosen jointly by the parties. The time limits as outlined in this article shall also apply to the single arbitrator.

6.02 Each of the parties hereto will bear the expense of its nominee to the arbitration board and the pmties >viii jointly bear the expenses and fees of the Chair of the arbitration board, as well as the cost of the rneeting sc.coiumodations.

f).QJ The <-lrbitration bnard shall not he authorized to alkr. modify or Jmend ::my part of this /\.greement but ::::hall base its decision on the contractuaJ right' of the panies as sratcd in this Agreement.

6.04 In no ~vent may retroactive pay be allov,cd b; a.n arbitr3tor in the s..-;tlkment of a grie\anr,);:.: ~;)fan individual or a group of employees \d1o< \\hik the griL:\-ance is pending~ engage in a \\Ork

stoppage~ strikt;_ slo\:v-dov,:n or \vho commit :ll1) act or engage in an) quarrd or controvcrs:y v'{hici-1

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interferes with nonnal production.

ARTICLE VII

STRIKES AND LOCKOUTS

7.01 There shall be no lockout by the Company and no intenuption of work, work stoppage, strike, sitdown or slowdown by the employees or by the Union during the term of this Agreement.

7.02 An employee who participates in any work stoppage, strike, slowdown, sitdown or any other interference with production, will be subject to discipline.

7.03 Should differences arise between the Company and the Union as to the meaning or application of t..~is i~:a.greement, there shall be no suspension of \Vork on account of such differences, but an earnest effort shall be made to settle such differences promptly and in an orderly fashion as provided in Article V, (Grievance Procedure).

ARTICLE VIII

SCHEDULES

8.01 Attached hereto and forming part of this Agreement are the following schedules:

(a) Schedule "A"- Hours of Work, Rates of Pay (b) Schedule "B" -Benefit Plans (c) Schedule "C" - Paid Holidays and Vacations (d) Schedule "D" - Seniority (e) Schedule "E"- General (f) Schedule "F" - Separation Allowance

ARTICLE IX

MISCELLANEOUS PROVISIONS

9.01 It is tmderstood and agreed that the provisions of this Agreement shall be at all times subject to any Acts. Order-In-Council and Regulations at present enacted or adopted or which hereafter shall be ~nacted or adopted by any Parliament or Legislative Body. lvlinister of the Cro\-vn or Dcpartm~nt ofGoYernment having jurisdiction in the premises.

9.02 The parties agr('e to cooperate in carrying out the provisions of the Technical Standart.:ls and Safety Authority Act.. as amended .

. \RTJCLE X

DURArJON OF ,:'>(1REE;I,lENT

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10.01 This Agreement shall commence on the 281h day of December, 2008, and shall remain in

effect until the 31st day of December, 20 II, and unless either party gives to the other party written

notice of termination or of a desire to amend the Agreement, then it shall continue in effect for a

further year without change.

Notice that amendments are desired or that either party intends to terminate the Agreement must be

given in writing to the other party not sooner than ninety (90) days prior to the termination of the

Agreement or not later than sixty ( 60) days.

If notice of amendment or of termination is given by either party as above, both parties agree to

meet for the purpose of negotiating amendments for a new Agreement within fourteen (14) days

after the serving of notice.

Signed at Toronto, Ontario this ,..-j..{ f'•'J...

f)b day of~~ry, 2009.

AMS CANADA INC.

E.Pizale (I Director, Gla stone Manufacturing

M ager, Human Resources

,·"!-- J ~!"----_ \_j s ) -?JXJ

D.Stevens VP, Human Resources

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For INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 772

k·Jbj;~ G. Hoath 0 Business~ (1A-tJ.r:j{...D?_

M.Hocking Marketing Representative

D. BELL

Chief~te~vard /eft~

D.Ric~ 7

Shop Steward

HOURS OF WORK, RATES OF PAY

A-1 Hours of Work

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SCHEDULE "A"

Operating shifts shall be twelve ( 12) hours per day, covering seven (7) days per week. Maintenance

shifts shall be eight (8) hours per day, five (5) days per week. Work schedules shall be laid out by

the Powerhouse Manager.

Change of Schedule

(a) Notice of change of schedules referred to in A-1 will be given to the engineers seven (7)

days prior to such change and will be posted on the bulletin board.

(b) Individual engineers required to change shifts wili be given as much advance notice as the

requirement permits.

A-2 Shift Differential

Employees, when rotating shifts, will be paid an additional sixty-five cents ($0.65) per hour when

on "C" shift (4:00p.m. to 12:00 p.m.) and seventy-five cents ($0.75) per hour on "A" shift (12:01

am. to 8:00a.m.). Employees working the twelve (12) hour day shift shall receive a shift

differential of thirty cents ($0.30) per hour. Employees working the twelve (12) hour night shift

shall receive a shift differential of eighty cents· ($0.80) per hour.

A-3 Saturday/Sunday Premium

All hours worked on Saturday or Sunday shall be paid at time and one-half (1 l/2x) the employee's

basic rate. It is understood that this premium is not considered overtime for the purpose of overtime

equalization.

A-4 Overtime

Except as specified in the Technical Standards and Safety Authority Act and Regulations regarding

engineers remaining on the job until properly relieved, all overtime in excess of twelve (12) hours in

a regular work week will be voluntary.

The rate of pay f()r the first four (4) hours ofO\erlime worked is time and onc .. half(l l/2x) the

c1nploye-e's basic rate and \Vill be paid lOr allthne \.Vork_cd in ...::\::cess oft:ight (8) hours per day. or

n,\elve t 12) hours ck:pending un the shift sd11-::du!ed, nr ail ri:11t: 'A-orkcd in cx_cc:-:~s of ft)fty (:-!-0)

regular hours per week. Two limes (2x) the emph1yee·s basic rak ''ill be paid tor :Jll eontinuous

hours worked alter the tirst t\lur (4) hours of overiime.

(a) Paid Plant Holida\_

All overtime hours worked on a regular scheduled Paid Plant Holidaj shall be paid m l\.YO and one-

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halftimes (2 l/2x) the employee's basic rate.

(b) Take Time Off

An employee will not be required to take time off to avoid payment of overtime already worked.

Engineers will not be required to change their scheduled day off however, when shifts need filling,

the Powerhouse Manager and an employee may agree to a change of day(s) in order to avoid

payment of overtime.

A-5 Call-In I Scheduled Operating Engineers' Relief Pay

(a) Call-In Pay

Employees called into work will receive call-in pay of either four ( 4) hours at the employee's basic

rate, or pay for actual time worked calculated in accordance with Article A-4 above, whichever is

greater (this Article shaH apply to ail employees).

(b) Sick Relief

Operating Engineers called in to work to relieve another Operating Engineer who called in sick shall

receive for the first four ( 4) hours worked time and one-half (1 112x) the employee's basic rate and

will be paid double time (2x) the employee's basic rate tor all time worked in excess of four (4)

hours (in addition, should the relief work be on Saturday and I or Sunday, the employee will also

receive the Premium of 1 Y, x the employee's basic rate as outlined in A-3 above, i.e. six (6) hours

pay in any twelve (12) hour shift).

(c) Holiday Relief

Operating Engineers scheduled to relieve another Operating Engineer who is on vacation shall

receive time and one-half (I 1 /2x) the employee's basic rate for all hours worked (in addition,

should the relief work be on Saturday and for Sunday, the employee will also receive the Premium

of 1 Y, x the employee's basic rate as outlined in A-3 above, i.e. six (6) hours pay in any twelve (12)

hour shift).

A-6 Rates of Pay

Basic rates of pay will be as follows:

Reti·igeration ivfcchanic

0,.-faintcnancc RdicfEng_ineer Shin Operating Engineer Assistant ShiH Operating Engineer

Trainee

Effective Dc:c 30iO"Z $35.05/hr 529.75/hr $29.75/hr $27.85;111" $22.0-'t;hr

Effective Dec_28/09 $35.75;hr $30.35,'hr $30.35, hr $28.41 rhr :~22.48i·hr

Effective Dec 27/1 Q $36.47/hr $30.96/hr $30.96/hr $28. 98ihr $22.93/hr

The Cornpan'.- a':!rees to oav the cla~s!ficatitm rate calkd for bv tbe ,iob \'>-lk'n an engint:er is \·\Orkin~ .,.._ ,_, ... . '- ._

tl':nlporarily on a job v:hich nonna1ly ~ails f~;r a higher ccrtificaie, such as in the case ofrdid~

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sickness and vacations. When an engineer is working on such an arrangement, it will be limited to

three (3) months, or for such further period as the Company may agree.

A-7 Working Chief Operating Engineer

A bargaining unit employee who agrees to be appointed to the position of Working Chief Operating Engineer shall receive the highest basic rate as outlined in A-6 in addition to a premium of $2.50 per

hour.

In the absence of the Working Chief Operating Engineer, a qualified bargaining unit employee may

be appointed as an Acting Chief Operating Engineer. When so appointed, the Acting Chief Operating Engineer shall receive a premium of $2.50 per hour.

A Shift Operating Engineer assigned as the Acting Chief Operating Engineer to relieve the Working Chief Operating Engineer absent in excess of four ( 4) consecutive weeks due to illness or accident shall receive the highest basic rate as outlined in A-6 in addition to a pre:rniutn of$2.50 per hour for the weeks worked in relief in excess of four (4) consecutive weeks.

A-8 Pager Premium

Employees assigned pagers (radios, etc.) shall receive a premium of fifty cents ($.50) per hour.

A-9 PayDay

Employees shall be paid bi-weekly, by direct deposit. Except in weeks in which a Statutory Holiday

occurs on a Monday, deposits shall be made on Friday.

SCHEDULE "B"

BENEFIT PLANS

B-1 Accident and Illness Plan

The Company agrees to provide a weekly indemnity plan which will pay seventy percent (70%) of the employee's normal weekly gross earnings (based on the average weekly earnings, exclusive of

overtime. Should the earnings vary one week to another, an average will then be computed using

the appropriate cycle dictated by the shift scheduling.)

(a) Benefits shall commenc.c on the third day of illness lor on the lirst day of hospitalization

cfl'CctiYe January I, 2007) and contim1e to a maximum of seventeen ( 17) weeks. The two (2) d~ty \\aiting period \viii he ckductcd from tlh:~ employee· s sick leaYc bank.

(b) Employees shall be required to support benefit claims v.ith appropriate documentation fi·om

their doctors on a torm to be sup pi ied by the Company.

Th~,.: Company further agrees to provide a Long-Tc;rm Disabilit) Progr~tmme f'oJlo\-\i.ng_ expiration (Jf

the:; Short-T~rm Di~ability Prognunn1c at the kvel of st:\ cn1) percent (70~/;>) or norn-tal '.vc~kly

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earnings to a monthly maximum of $3,600, less required deductions, for employees going off work.

The plan shall feature an "any occupation" disability definition.

B-2 Sick Leave

The Company agrees to provide 48 hours of paid sick leave annually.

B-3 Long Te1m Disabilitv Plan

1. The Company reserves the right to require an employee to submit to an independent medical

examination by a Company appointed doctor.

2. Sick pay will terminate upon the effective date of retirement of a member or age 65 of a

member, whichever occurs first.

3. An employee whose scheduled work hours per week are less than the work hours recognized as

normal for the regUlar work week in the area in which they are employed shall be entitled to

receive only that proportion of normal sick pay which such employee's scheduled weekly work

hours are of the normal weekly work hours.

4. L.T.D. will not be paid:

(a) In respect of illness or injury covered by Workers' Compensation.

(b) In respect of illness arising from willful1y self-inflicted injury, or non-occupational injury

arising from negligent conduct.

(c) In respect of illness or injury sustained in the course of employment other than with the

Company. (d) In respect of illness or injury suffered or incuned during a paid vacation, leave-of-absence, or

after separation or during a period of lay-off.

(e) It shall be the responsibility of employees receiving benefits under this program to keep the

Company informed as to their progress and to provide the Company with adequate notice of

intention to return to work.

B-4 Life Insurance Plan

The Company will provide Life Insurance in the amount of sixty-seven thousand dollars five

hundred dollars ($67,500) at no cost to the employee.

13-5 Extended Health Benefit Plan

The Con1JXtny ::tgrc~s to continue to provide and Extended Health Benefit progn-1111 at no cost to the

employee. The Plan will provide lor paymenr of one hundred percent (I 00%>) of the qualii} ing

~xpcns~s to a maximun1 of $1 0~000 fi.Jr quali t)-ing expenses over any three (3) consecutive c&kndar

0ears. The Extended Health Bendlt coverage lor pammec\ical (ie. physiotherapist, chiropractor.

massage therapist etc.) :1(.::rYices ls a ccm1binccl maximum of three hundred dolbrs ($300) pl?r

calendar ) ear.

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B-6 Dental Plan

The current O.D.A. Fee Schedule shall apply, subject to 90 - l 0% co-insurance, with an annual limit

for basic dental set at one thousand six hundred dollars ($1 ,600) per year per person; dentures will

be insured at 100% by the Company to a maximum of two thousand dollars ($2,000) lifetime;

orthodontics, crowns, bridges, and dental implants, subject to 80-20% co-insurance, with a

maximum of three thousand five hundred dollars ($3,500) in any ten (10) consecutive year period.

B-7 Vision Care Plan

The Company will provide a Vision Care Plan paying up to three hundred twenty five dollars, • ~ • ... • • 0 ' _:1 • • 1 1 +. 1 r1 Inclusive 01 eye examtnanons, rowarus prescnpt1on eyeg1asses or contact ~enses _~_or empj_oyees an .....

dependents, once every twenty-four (24) months. Alternatively, employees can opt for laser eye

surgery. The Company will reimburse 50% of the cost, up to $1000, lifetime.

B-8 Optional Life Insurance

The Company agrees to establish a plan where employees can purchase optional life insurance.

B-9 Dependent Coverage

For the purposes of dependent coverage under any of the benefit plans, dependents shall be defined

as: Unmarried financially dependent children between the ages of 14 days and 21 years.

Coverage continues beyond age 21 to age 25 for a dependent child who is a full-time

student. Coverage also continues beyond age 21 for a dependent child who is mentally of

physically handicapped, provided the child was insured before age twenty-one (21 ).

B-1 0 Pension Plan

Employees can elect for early retirement, with no actuary reduction, once they are age 60 and have

at least 30 years service.

B-11 Accidental Death and Dismemberment Plm1

The Con1p3ny will provide A.D. & D. co-verage in the amount of one hundred ~nd tv~o thousand nv~

hundred dollars ($1 02.500).

This Schedule is subject to the general provisions and terms of the contract of the incumbent

Jnsurcr.

The Principal Amount shall be payable for:

- Loss of Life

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- Total and Irrecoverable Loss of Sight of Both Eyes

- Loss of Both Hands by Severance at or above Wrist-Joints

-Loss of Both Feet by Severance at or above Ankle-Joints

- Loss of One Hand or of One Foot by Severance at or above Wrist or Ankle-Joint, respectively,

together with Total and Irrecoverable Loss of Sight of One Eye

- Loss of One Hand and One Foot by Severance at or above Wrist or Ankle-Joints, respectively.

- Paraplegia -Permanent, Total and Irrecoverable Loss of Use of Both Hands for a continuous period of twelve

months following the accident.

-Total and Irrecoverable Loss of Speech and Hearing in Both Ears.

Three-quarters (3/4) of the Principal Amount shall be payable for:

Permanent, Total and Irrecoverable Loss of Use of one Arm for a continuous period of

twelve months foiiowing the accident

Two-thirds (2/3) the Principal Amount shall be payable for:

Loss of One Hand by Severance at or above wrist-joint.

Loss of One Foot by Severance at or above ankle-joint.

Total and In·ecoverable Loss of Sight of One Eye.

One-half (l/2) the Principal Amount shall be payable for:

Permanent, Total and Irrecoverable Loss of Use of One Hand for a continuous

period of twelve months following the accident. Total and Irrecoverable Loss of

Speech or Hearing in Both Ears.

One-third (l/3) the Principal Amount shall be payable for:

Loss of the Thumb and Index Finger of Either Hand by Severance at or above the

Knuckles joining the Thumb and Finger to the Hand.

On-sixth (116) the Principal Amount shall be payable for:

Total and Irrecoverable Loss of Hearing in One Ear.

(a) ff rnore than one ufthc lus~-;cs specified in the Schcduk df Los~cs (_lJ1d fnd~n1nities shG\~-n

:1bo\c shall b~ sustained by the cn1ployce as a result of any one :Jccid~nt payn1cnt shall not exceed

the Principal Amount of Accidental Death and Dismemberment Insurance on the employee at the

date of such accident.

(b) Tf an cmpJO)-CC has sufrcrcd prior to the •.iat\: cf bccon1ing insured hereunder__ or does

thercallt,;r suil~r. the luss of one hand by se-verance at or abovr::: the \\Tist-:ioint or one foot b)

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severance at or above the ankle-joint, or the total irrecoverable loss of the sight of one eye,

or the permanent, total and irrecoverable loss of use of one hand, or the permanent, total and

irrecoverable loss of use of one arm, or the loss of a thumb and index finger of either hand

by severance at or above the knuckles joining the thumb and finger to the hand or the total

and irrecoverable loss of speech and hearing in both ears the Accidental Death and

Dismemberment Insurance on the employee shall be issued or continued for the full amount

according to the Schedule of Losses herein and in accordance with the provisions hereof

provided, however, that the amount of Accidental Death and Dismemberment Insurance

payable for the subsequent loss of one hand, one foot, the sight of one eye, the use of one

hand, the use of one arm or the loss of a thumb and index finger or loss of hearing in one ear

as herein provided shall be according to the following table:

Three-quarters of the Principal Amount shall be payable for:

Permanent, Total and Irrecoverable Loss ofUse of One Arm for a continuous

period of twelve (12) months foilowing the accident.

Two-thirds (2/3) the Principal Amount shall be payable for:

Loss of One Hand by Severance at or above Wrist-joint

Loss of One Foot by Severance at or above Ankle-joint.

Total and Irrecoverable Loss of Sight of One Eye.

One-half (1/2) the Principal Amount shall be payable for:

Permanent, Total and Irrecoverable Loss of One Hand for a continuous period of

twelve (12) months following the accident.

One-third (1/3) of the Principal Amount shall be payable for:

Loss of the Thumb and Index Finger of Either Hand by Severance at or above the

Knuckles joining the Thwnb and Finger to the Hand.

One-sixth (1/6) the Principal Amount shall be payable for Total and Irrecoverable Loss of Hearing

in One Ear.

(c) The Insurance under this provision shall not cover accident, injmy, death or other loss which

shall result either directly or indirectly, from any one of the following:

U) Self-destruction or self-intlicted injuries while sane or insane;

(~} Cornn1itting or attcn1pting to commit an a:;sault or criminallJffenlCc::

(3) Riot. civil commotion, insurrection. war or hostilities of any kind. or any act incident

thereto: (.f) Bodil) or mental infirmity or ii!ness or disease of any kind:

\5) Poisoning or infection. other than in l'cctions occurring simultaneously \\ ith and in

consequ·cnt of an accidental cut t}r \\·Ound;

(6) Injuric~ of\\hich there is no \isibk contusion or \Votmd on lhc exterior ufthc body~ unk:5S

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either drowning and internal injuries revealed by autopsy;

(7) Participating in aeronautics otherwise than as permitted under the paragraph following

entitled Aeronautics.

Aeronautics

The employee, if not a member of an Armed Force (as defined below) may, without affecting the

benefits under this provision, travel or fly as a passenger in any aircraft or, if a member of an Armed

Force, travel or fly as a passenger in an aircraft not belonging to or operated by any Anned Force.

The employee shall be deemed to be a passenger only if the employee has no duties relating to the

aircraft or flight therein and is not making the flight for the purpose of receiving training. Where the

travel or flight is in an aircraft being tested or being used for training or experimental purposes, the

employee shall be deemed to be making the flight other than as a passenger. Descent from any kind

of aircraft in flight shall be deemed to be part of such flight.

"Armed Force" shall mean any naval, military, or air force of a country or combination of countries

or international organization.

Claims No claims shall be paid unless:

a) In the event of an accident causing an injury on which claim may be based under this

Accidental Death and Dismemberment Benefit Provision, written notice of such injury be given

to the Company within thirty (30) days after the date on which the loss is sustained; and

b) In the event of an accident resulting in loss for which indemnity is payable under this provision,

proof of such loss be furnished to the Company within ninety (90) days after the date of loss for

which claim is made. The Company shall have the right and opportunity to examine the body

and have an autopsy performed in case of death.

SCHEDULE ''C"

PAID HOLIDAYS AND VACATIONS

C-1 Paid Holidays

The following paid plant holidays shall be observed:

New Year's Day Good frida; Easter 1vlonday Victoria Day

Canada Da:r Ci>ic I-!olida}

Labour Day Thanksgj•;ing Day Day Before Christmas Christmas Day Boxing Day

One (1) Floating HoliJay Lobe taken during the Decen1bcr hvliday period anJ one (1) Floating

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Holiday to be taken on a date mutually agreed upon by the Company and Union.

Employees shall receive pay for the above listed holidays subject to the following conditions:

a) The employees have completed their last scheduled shift before the holiday and their first

scheduled shift after the holiday, unless they are absent on account of proven sickness or

accident or death in the immediate family, as outlined in E-2.

b) Employees under these provisions shall receive pay at their regular hourly rate.

c) Employees required to work on a day declared as a holiday will have the option of receiving

pay at the rate of two (2x) times their basic rate for all hours worked, plus on (1) day's regular

pay, or receiving pay at two (2x) times their basic rate for all hours worked, plus one (1) day off

with pay at a date suitable to both the employee and the Powerhouse Manager.

d) The Company agrees that an employee may bank up to seven (7) holidays but that all these days

shall be taken prior to year end. e) Employees working on a paid holiday who have not attained seniority will be paid in

accordance with the Employment Standards Act. f) Holiday pay will be paid for the day the actual holiday occurs. Holidays that fall on a Friday

shall be paid to the Friday day shift and night shift colleagues that day and holidays that fall on

a Monday shall be paid to the Sunday night shift and Monday day shift colleagues that day.

g) When a paid plant holiday occurs on an employee's day of rest, or during vacation period, the

employee shall receive an extra day off with pay or, if required to work shall be paid in

accordance with (c) above.

C-2 Vacations

Vacations will be based on service computed to June 30th in the year in which the vacation is to be

taken on the following basis:

a) First Vacation: Employees with less than one (1) year's seniority will receive vacation as

specified by the Employment Standards Act. b) Employees with one (l) year's service but less than four ( 4) years of service will receive two (2)

weeks vacation with pay, computed at four percent (4%) of their gross earnings.

c) Employees with four (4) years service but less than ten (1 0) years of service will receive three

(3) weeks vacation with pay computed at six (6%) of their gross earnings.

d) Employees with ten (10) years service but less than nineteen (19) years of service will receive

four ( 4) weeks vacation with pay computed at eight percent (8%) of their gross eamings.

e) Employees with nineteen (19) years of service but less than twenty-six (26) years of service will

receive five (5) weeks vacation INith pay computed at ten percent (1 0%) of their gross earnings.

I) Employees with twenty-six (26) years of service and over o,vill receive six (6) weeks vacation

"ith pay computed at twelve percent ( !2%) of their gross earnings.

Employees \\ho. after June 30th and prior to December 31st, in that year reach the service required

to qualify them for an additional week of vacation. v.i/1 be granted that week computed at an

'-ldditional t\.vo percent t2%) of their gross earnings. This additional \Wek must be taken at thc:

convenience of lhe Comoan' · but before December 31st in the vcar. • J -

Vacations ma; be granted many time subject to the demands of the businc:ss. but the Company ''ill

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make a sincere effort to grant vacations at times requested by employees. Senior employees shall be

given preference. Employees eligible for vacation shall be notified of their vacation periods as far

in advance as possible.

Employees who leave the service of the Company shall be paid in accordance with the Employment

Standards Act.

Employees shall take their vacation in the vacation year they become eligible for it and vacation

periods shall not be accumulated from year to year. Full vacation pay entitlement will be paid on

the first pay in July if not previously received.

SCHEDULE "D"

SENIORITY

D-1 New employees of the Company shall be considered probationary employees until they have

completed ninety (90) days worked, after which their continuous service shall date from the day on

which it began. Grievances may not be presented in connection with discharge or lay-off of

probationary employees unless such discharge or lay-off is claimed to be a discrimination by Union

activity.

An employee transferred into the Local 772 Bargaining Unit shall retain their plant seniority for

vacation accrual and other fringe benefit coverages but shall only be credited with bargaining unit

~eniority for lay-off purposes.

D-2 In the event of a lay-off, probationary and pmt-time employees shall be laid off first,

provided the senior employee or employees are able to perform satisfactorily the work of such

probationary and/or part-time employees. Regulm employees will be laid-off according to seniority,

providing the senior employees remaining have the certificate and the ability to maintain the

requirements of the Depmiment of Labour. Employees on lay-off will be recalled according to

seniority providing they have the certificate and the ability to perform the work available.

D-3 An employee's complaint with respect to the recorded length of service may be treated as a

grievance.

D-4 Employees shall lose their service credit and their names shall be removed from the service

list for any of the following reasons:

a)

b)

c)

d) c)

lfthey volunt3rily quit cmplo)-rnent.

Jfth~;-· are discharged tOr c3use and arc not subseq~Jcntly rein~;tar.cd purs11::mt to the pro\isit1l!.S

oflhe Grievance Procedure. If they have not been laid-off and fail to return to work or J·ail to furnish a satislactory reason

for not doing so three <3) days after being n::qucsled to do so b~y the Com pan).

lfthey are Jaid-otfand not recalled \\ithin two (2) months.

If they overstay a leavc:-of .. absencc \\ irhout securing extension of such lea\ e-of--absence from

the Company.

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J) If they are absent from duties for more than three (3) days within a calendar month and fail to inform the Company of the reasons for absence and fail to make arrangements to secure a leave-of-absence.

g) If they are consistently late for work.

D-5 In all cases of promotion, transfer, or vacancies, within the Bargaining Unit and in all cases of increase or decrease of working forces, the following factors shall be considered:

a) b) c)

d)

Length of continuous service, Knowledge, efficiency and ability to perform the work, \ Such vacancies or transfers will be posted on the bulletin board for seven (7) days. It is agreed the Company may fill the vacancy or make such transfer temporarily pending the result of this posting, When, in the judgement of the Company, abilities are equal, (which judgement shall not be exercised in an arbitrary or discriminatory manner), length of service shall govern.

SCHEDULE "E" General

E-1 Safety

The Company shall continue to make all reasonable provisions for the safety and health of its employees during the hours of their employment and it shall continue to furnish uniforms, protective equipment and safety devices in accordance with its present practice.

The employees shall observe the Company's safety rules and carefully follow safety instructions as laid down by the Company. The employees will also take reasonable care of such Company property as is provided.

The Union will elect one (I) representative to sit on the Plant Health and Safety Committee. Within two (2) weeks of election, the Union will notifY the Company, in writing, of the name of the individual so elected.

E-2 Bereavement

In the event of death of an employee's wife or husband (including same sex patiner), son or daughter, step-children, sister or brother, father or mother, step-parent, father-in-law or mother-in­law, or a gTandparent, the employee will be granted a leave-ot:absence for a reasonable time and will be reimbursed t(;r lost time up to a maximum of three (3) working days, or if the employee is required to leave the province .. llve (5) working days. This allowance vvill only be made vvhere the citcun1st::mces r~quirc the employee's absence fron1 \\ork to rnakc funeral anangements or tv attend the J1meral service. All Lime paid for will be at the basic rate. One (I) day's bereavement with pay "ill be granted in the event of the death of an employee's grandparent-in-law.

Th~ Con1pany \\ i U pay an employee's Josl \\ages ft1r every day in attendance for jury duty. \\r hen

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released, an employee will not have to report for work ifthere would be less than four (4) hours of

work left on their regularly scheduled shift once they arrive at work. However, any jury duty pay received for jury duty service from other sources shall be signed over to

the Company.

E-4 Labour Education Leave

The Chief Steward and Shop Steward will be allowed two (2) days per year paid Labour Education

Leave, at a time mutually agreed between the Company and the Union.

E-5 Tool Allowances

Refrigeration Mechanic Maintenance Relief Mechanic Other Engineers

$540/ year $400/ year $275/ year

Employees will be reimbursed at the time of purchase. Employees with less than one (1) year's

service will be compensated to the nearest even month on a pro-rata basis. The allowance shall only

be payable to those persons who maintain their kits to approved levels.

E-6 Shoe Allowance

The Company will replace safety shoes damaged by the calcium solution. Authorization must be

given, by memo, from the Powerhouse Manager to the Payroll Department.

Safety shoes may be bought from the supplier at the plant and paid for through payroll deduction at

a minimum oftwo dollars ($2.00) per pay.

In addition, it is agreed that all employees designated as being required to wear safety shoes, shall be

reimbursed to a maximum of one hundred and seventeen dollars ($117) each year. Shoes may be

purchased outside the plant, providing they meet current safety standards and will require a receipt

to authorize payment.

E-7 Bulletin Boards

The Union will be allowed space on bulletin boards furnished by the Company for the purpose of

posting notices regarding meetings and other matters pertaining only to the Union. Before posting,

all such notices shall be submitted to the Powerhouse Manager for approval.

E-8 lvkal i\llnwanee

Meal ailmvance will onl; be paid \;hen the ovcJiime is the ext~nsion of a shift.

The Com pan} \\iH pre\. ide a meal aliO\\·ance chjt of tt1ur dollars and :)~\cnty-livc cents tS4.75) tt) be

used in the Cafeteria. or if O\crtime is at a time \\hen Cafderia service is not available and the

emplo)CC is required to han: a meal deJi,ercd to the plant the Compan; \\ill pay up to :ii·l.75 tol'•:ird

the cost of this n1eul. The Supplier· s bill for the 111t.::al is to be presented to ihc Po\\-crhousc !v-[anag~r

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for reimbursement through the Payroll system.

E-9 Leave-Of-Absence

Employees requesting a leave-of-absence for three (3) days or less must apply to the Powerhouse Manager and secure permission before laying off work.

An employee requesting leave-of-absence of more than three (3) days must make application in writing to the Powerhouse Manager. The request for leave-of-absence for more than three (3) days must be authorized by Plant Management and written authorization will be given to the employee by the Human Resources Department.

Leave-of-absence will not be granted for more than thirty-five (35) days. However, if an employee is on an extended leave-of-absence and cannot return to work due to an emergency beyond control, the employee will advise the Company ofthe inability to return to work and request extension of the ~ r- • O'T't , • • r , 1 •t 1 t 1 t -r..t , .,. c , t .1 _ • _ 1

teave-or -aosence. 1 ne exrensron, u granreu, Will oe approveu oy nam !Vtanagemem ana aumonzea by the Human Resources Department in writing.

The Company's need for properly trained personnel will of necessity have a bearing on the Company's willingness to grant leave-of-absence.

E-1 0 Clothing

The Company will be responsible for the supplying and laundering of uniforms. The Company will supply one (1) parka for each engineer, who will be responsible for its care and maintenance. Parkas shall be replaced as required, with a minimum of one (1) new parka per Agreement.

E-ll Parking

The Company shall provide five (5) parking places for engineer use.

E-12 Employment Records

Employees shall have the right at any time during normal business hours to review their employment work history and any other information in their personal dossier. The file is to be reviewed with a Company representative present. Except in cases involving theft, assault, harassment as defined under the Ontario Human Rights Code, or failure to comply with the Technical Standards and Safety Authority Act and Regulations. all records of discipline shall be im·aJid and r..:moved from an employee's file atler two (2) years of their date of issuance. provided tht:;J\~ has been no similar disciplinary action \\·ilhin this time period.

E-13 fJeo~utrnenl Changes

\Vhcn, as a result of the introduction of ne\\ cquip1n...::nt. rnachincry, or methods i)r opl~rmion. a job(s) are eliminated or a r.:duction in staffrcsuits. the C)mpany unde11akcs to achis~ the t_;nion thirty (30) days. or as soon as reasonably possible~ pritx to the anliclpat~d ch~.mge and to n1~et \\ill rh~ Unie;n to discuss \\hat eftCct it ~,--yilJ have on the ~mploye~(s) :::;o affccwd.

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SCHEDULE "F SEPARATION ALLOWANCE

F -I If it becomes necessary to close the plant, or a major unit such as a department and it is not

expected that those affected will be re-employed, a separation allowance will be paid to employees

subject to the following:

a) They have one (I) or more years' seniority.

b) They are actively employed with the Company and accumulating seniority or have been laid­

off within a thirteen (13) week period preceding the day of notice of closing. Employees on

leaves-of-absence and employees receiving Workers' Compensation or off sick will be • • ·~ -. • 1 1 ., 1 _J._ 1 _cc 1 • c 1... • 1' • ...1"

eugtoie, provtaea Iney nave noL oeen ou worK 111 excess oj_ tue time .limits corresponu1ng to

seniority as set out in Article 12.06.

c) They have not refused an offer of employment by the Company at the same location.

d) They have not refused and offer of employment the requirements of which are not

substantially different from the work previously performed and provided they cannot be

reasonably expected to perform the offered work satisfactorily.

e) They have not been granted retirement on pension.

f) They have not been transferred to another plant.

g) The Company shall not be deemed to be in default with respect to non-performance on any

obligation hereunder, if so long as its non-performance is due, in whole or in part, to any

cause beyond its reasonable control, such as fire, explosion, etc.

h) In order to qualify for separation allowance, employees will continue to work in a

satisfactmy manner as long as required.

i) The scale of separation allowance shall be as follows:

YEARS OF COMPLETED SERVICE

I - i 0 l I - i ') .20 - U pwarcls

Exan1pk: ErnpJo) ces \.Yith :25 ) cars service

AMOUNT/YEAR

1 \\' eck 1 l ;:~ \Vc~~ks 2 \Veeks

First 1 0 } .::ars :-;en icc­Ne:\t 9 )·ears service

- 1 () Weeks Pay

- 13 1:2 Weeks Pay

Next 6 years service 25 years total service

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- 12 Weeks Pay 35 112 Weeks Pay

Employees who accept separation pay under the provisions of this clause shall on so doing terminate their seniority and employment relationship with the Company and shall have no further rights under this Agreement or under any other Agreement between the signing parties.

Pay in lieu of notice shall not apply when payments are made under this clause. The Company will give notice of its intention to close a plant at least ninety (90) calendar days prior to such closing.

j) In the event the Company closes its manufacturing site at 277 Gladstone Avenue Toronto, and relocates the plant within a one hundred (1 00) kilometer radius from the current plant, all employees shall be offered available work for which they are qualified, available, and willing, and to move to the new location with full seniority and recognize Local 772 of the IUOE as the bargaining agent of all Operating Engineers, including the Working Chief Operating Engineer, if so appointed, at this new location, save and except the Powerhouse Manager.