AGREEMENT

Between

FERRERO CANADA LTD.

And

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL772

February 1, 2015 through January 31,2018

Article

Article 1

Article 2

Article 3

ArticJe 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Local772, IUOE

TABLE OF CONTENTS

PaecNo.

Preamble ................................................................................................. ............. 2

Management Rights I Union Recognition ......................................................... 2

Union Dues .......................................................................................................... 3

Wages .................................................................................................................. 3

Hours of Work .................................................................................................... 5

Premiluns ................... .......................... .. ..................... ..... ....... ............................. 7

Call-In ............................. ..................................................................................... 7

Statutoxy Holidays ................. ....... ....................................................................... 7

Vacation .......................... ....... .............................................................................. 8

Shop Ste\vard ............................... ... ........................ .. .......................................... 9

Seniority ............................................................................................................. 10

Probation ......................................................................................................... 12.f

Grievance .......................................................................................................... 12

Arbitration ............................. ............................................................................ 13

No Discrimination or Intimidation ................. .................................................. 14

Working Clothing.; ........................................................................................... 15

Benefits .............................................................................................................. 15

General .............................................................................................................. l9

Tennination of Employment (Not for Cause) ................................................. 22

Duration ........................................ .. ................................. .................................. 22

Appendix "A" Letter ofUndcrstancling ........................................................... 23

Appendix ''B" Letter ofUndcrstanding ........................................................... 26

Local 772, WOE

Agreement

Preamble

This Agreement entered into on this day of ______ ___,. 2015 by and

Betwee11:

Ferrero Canada Limited (hereinafter called the Employer).

A11d:

Intemational Union of Operating Engineers, contracting by its Local772 (hereinaftercallcdthe

Union).

Whereas, the parties are desirous of concluding an Agreement respecting the tenns and

conditions of employment of engineer or engineers, being herein later referred to as employee or

employees who are employed by the Employer at its operations located at the plant in Brantford,

Ontario, Canada, except those employees those employees above the rank of Shift Engineer.

A11d Whereas, the parties hereto for the purpose of assuring proper conditions for

collective bargaining and for the promotion and maintenance of industrial stability and hannony

have agreed each with the other as follows:

Article 1

Management Rights I Union Recognition

1.1 All functions of Management, unless expressly limited by the Agreement, are reserved to

and are vested exclusively in the Employer. The Employer, primarily through the Chief

Engineer shall have the right to hire, fl.re, suspend and discipline employees, to decide on

the means and mode of operation, to determine working hours and schedules, and to

otherwise manage and direct all aspects of the Employer's operations (subject only to such

restrictions as negotiated and contained within this Collective Bargaining Agreement).

The Employer, the Union and the employees agree to comply with all applicable

legislation including the Technical Standards and Safety Act and the Operating Engineers'

Regulation of Ontario, the Occupational Health and Safoty Act and Regulations, the

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Ontario Hwnan Rights Code and the Employment Standards Act, 2000 a11 of which may

be as amended from time to time.

1.2 The Employer recognizes the Union as the sole bargaining agent for all employees

covered by this ColJective Bargaining Agreement.

1.3 The Union office and the Steward concerned shall be infonned at the time of hire of any

new employees covered by this Collective Bargaining Agreement.

Article 2

Union Dues

2.1 The Employer will, during the Jife of this Agreement, deduct monthly the regular Union

dues, not to exceed the equivalent of the monthly deduction, and initiation fee for ne\-V

hires and remit same on a monthly basis prior to the twentieth (20th) day of the month

following the month the deductions have been made to the Financial Secretary of the

Union. The Employer wilJ, at the time of making such payment to the Financial Secretary

for the Union, name the employees from whose pay such payment has been deducted.

The Local Financial Secretary shaH notify the Employer, in writing, the amount to be

deducted monthly as regular Union dues or special assessments.

Article 3

Wages

3.1 The wages to be paid to employees shall be on the following scale from the dates shown:

Position Effectia,e

01/0112015

Shift Engineer (l 51 or 2nd Class) S.U.96

Assistant Shift Engineer (2°d or 3rd class) SJ2.71)

S3J. 7fl (if llrn·e 2m/ Clu.n· ( .'r.Ttf/iclltt!)

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3rd Class Maintenance I ReliefEngineers SJ2.71J

SJJ. 7fJ (if fum? 2m/ Clttl'J Ccrtijic:lllt!)

High Voltage Electrician 3rd Class Relief $31.70

Engineer SJJ. 70 (ij"lum: lml Clit!iS ( :#!rtijictrte)

Effective February 1, 2015, engineering employees on payroll will receive a 2.3% increase to

their base wage rate.

Effective February 1, 2016, engineering employees on payroll will receive a 2.3% increase to

their base wage rate.

EfTective February 1, 2017, engineering employees on payroll will receive a 2.3% increase to

their base wage rate.

Shift Engineers who did not receive the wage increase to $33.96 as of September 1, 2014 shall be

entitled to a retroactive wage increase to $33.96 effective as of September 1, 2014.

a. If the plant registration is amended to a lower classification, current employees

will be grand fathered at their current rate of pay for the life of the Agreement.

Grandfathered employees are eligible for all contractual increases.

b. Should the Employer chose to employ student(s), on a contract basis to gain

"qualifying experience" as per Operating Engineers Regulation 219/01, such

student(s) shall not be utilized to supplant bargaining unit work. The provisions of

the Collective Agreement do not apply to students. Should the Employer employ

student(s), it shall do so under the guidelines of Appendix D.

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c. In the event an employee perfonns the job duties of a higher classification, the

employee shall receive the higher rate of pay. However, if an employee is

assigned to a lower classification he shall receive his normal rate of pay.

d. In the event of a payroll error greater than $500.00 that has been caused by the

Employer's act or omission, then the Employer will arrange for a special pa)TOU

payment as soon as possible but in any event within three (3) business days of the

error being discovered. All other payroll errors wiU be remedied on the next

available payroll run.

Article 4

Hours of Work

4.1 The work hours shall be set by the Employer (subject to the qualifications below):

(a) The Union will be consulted prior to the Employer making a fmal decision about

making any changes to the hours of work but the Employer shall make the final

decision about working hours.

(b) If there is a substantial change to the regular working hours, the Employer will

give the Union not less than four (4) weeks advanced notice of such change.

(c) The Employer agrees that Employees working a twelve (12) hour shift schedule

will commence their regular day shifts at a time selected by the employer between

6:00am and 800 am and will commence their regular night shifts at a time selected by

the employer between 6:00pm and 8:00pm.

(d) The Union agrees that the Employer may require Employees to work different

shifts than the regular shifts set out above where special, unusual or emergency

circumstances arise.

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4.2 All work performed over 80 hours per biweekly pay period, shall be overtime work and

shaU be paid for at the rate of time and one-half ( 1 Y:z) or at the appropriate rate as

otherwise stated in this Agreement. All hours paid shall be counted.

4.3 Overtime \\ill be distributed on an equitable basis ftrst within classification and then out

of classification by qualification. The Employer will post the accumulated overtime hours

worked and hours refused on a calendar year basis. Overtime hours will be deemed to be

refused if not accepted within forty-eight ( 48) hours of overtime being posted. Overtime

assignments will be offered on low man hours accumulated within a calendar year.

Stewards will be in charge of tracking low man hours.

4.4 The Employer will post yearly schedules for work as well as in advance as possible. It is

understood and agreed that schedules may be varied to meet sickness and emergencies or

in the event of a change as set out in paragraph 4.1 above. F orty-cight ( 48) hours' notice

will otherwise be given to alJ employees for change of schedule, unless otherwise

mutually agreed.

4.5 Employees -..vill be allowed to accumulate a maximum of forty eight ( 48) hours in their

overtime pay I time off in lieu of pay bank at any given time. If an Employee's bank

accumulates forty eight (48) hours. the Employee will not be allowed to bank any more

time until there is room to bank additional hours. The Company will pay the Employee

for hours not banked at the appropriate rate of pay. Banked time must be used by

December 31st of the following year failing which it shall be paid out.

4.6 Employees may organize reasonable and occasional mutual shift changes with co-workers

provided that the shift change shall not result in any employee receiving overtime pay

which would not otherwise have been payable. The Employee requesting the shift change

shall obtain advanced approval from the Chief(or his designate) and shall be responsibJe

for emailing the approved shi tt change form to the Chief Engineer, the Team Lead, and

Payroll.

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5.1 Night Shift Premium

Article 5

Premiums

Local772, IUOE

a. A premium of one dollar and forty cents ($1.40) per hour shall be paid for hours

worked on the scheduled night shift.

Weekend Premiums

b. Time and a half ( l.Sx) will be paid on regular hourly wages for extra shifts (i.e.

shifts outside of the regular shift schedule) worked between 7:00am Saturday to

7:00am Sunday.

c. Instead of the regular overtime rate, double-time (2x) will be paid on regular

hourly wages for extra shifts (i.e. shifts outside of the regular shift schedule)

worked between 7:00am Sunday to 7:00am Monday.

d. For clarity, no weekend premium shall be paid for work performed on Saturday or

Sunday where the work being perfonned is part of the regular rotating work

schedule.

Article 6

Call-In

6.1 Any employee called in on his off-time shall be paid at least four(4) hours pay. Regular

overtime rules and shift premium rules shall apply in respect of these hours of work.

Article 7

Statutory Holidays

7.1 The following statutory holidays to be paid by the Employer:

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• New Year's Day • Civic Day

• LabourDay

• Family Day (3rd Monday/February) • Thanksgiving Day

• Good Friday

• Easter Monday

• Victoria Day • Christmas Day

• CanadaDay • Boxing Day

The statutO!)' holiday starts at 7:00 am and ends at 7:00 am the next day. That will

encompass two twelve hour shifts.

If worked, all hours to be paid for at the rate of double-time (2x) plus an additional eight

(8) hours of the regular day's pay. Instead of receiving the additional eight hours of the

regular days' pay, employees may elect to bank the eight (8) hours. The Employer must

be notified within three (3) days of the employee's decision.

7.2 If a statutory holiday falls on an employee's regular day off or during vacation the

employee shall receive eight (8) hours of pay or banked time in lieu. Banked time must be

used by March 31st of the following year failing which it shall be paid out.

Article 8

Vacation

8.1 It is agreed that employees in the service of the Employer shall receive vacation in

accordance with the following table:

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Years of Completed Service by Vacation Entitlement December 31st

Less 1han 1 completed years of service I 0 days pro-rated

1 to 2 completed years of service 10 days

3 to 6 completed years of service 15 days

7 to 17 completed years of service 20 days

18+ completed years of service 25 days

8.2 It is understood that years of service in the Article shall include all time worked for the

Employer. Employees will be entitled to submit their vacation requests for a given year between

J anuacy 1 and March 31 of a given year. Vacation requests received during this period will be

approved on a seniority basis. Vacation requests received after March 31 in a given year wilJ be

approved on a fl.l'St come, fl.l'St served, basis. Vacation requests arc to be made at last fourteen

( 14) days prior to the requested vacation time (unless mutually agreed otherwise with the Chief

Engineer).

8.3 Carried over vacation is to be used by March 31st of the following year.

Article 9

Shop Steward

9 . I Shop Steward shall mean an employee elected by members of the bargaining unit to act on

its behalf and to assist employees in presenting their grievance to representatives of the

Employer in accordance with the Grievance Procedures. Stewards shall be paid for

reasonable time spent in handling grievances while on the Employer's premises within

their scheduled hours of work. Stewards will not be paid for time spent on union business

outside of their regular hours of work.

9.2 The Union shall receive prior notification before the employment of a steward

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is terminated by the Employer. In the event of temporary or pennanent layoffs,

provided the steward is able and licensed to perform the work required, he will be

the last employee to be laid off by the Employer.

9.3 Stewards will be allowed up to a maximum oftwo (2) unpaid days ofleave of

absence per calendar year to attend educational training courses (i.e. Health and Safety,

Union Educational Seminar, etc.), subject to management's approval.

Article 10

Seniority

10.1 Seniority, as referred to in this Agreement, shall mean length of continuous service from

the date of hire with the Employer in one or more job classifications covered by tbis

Agreement.

10.2 In the event oflayoff, the amount of seniority an employee can exercise is the amount of

seniority acquired in that job classification or higher qualified position within the

bargaining group.

I 0.3 The employee in the job classification affected by the reduction having the least

exercisable seniority shall be laid off. Such employee may then exercise his seniority in

any job classification if qualified. The amount of seniority exercisable in such job

classification shall be the seniority acquired in that job classification and a higher job

classification within the bargaining group.

10.4 Employees on temporary layoff shall be entitled to continue to have coverage for benefits

for the greater of: (a) eight (8) weeks; or (b) the period required under the Employment

Standards Act, 2000, as amended.

10.5 Rehiring shall be in reverse order of layoffs.

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10.6 In the event of promotions or new classifications covered by this Agreement. other than to

a supervisory position, the promotion wiU be granted based on skill, ability and

qualifications and if these are deemed equal then the qualified applicant employee with

the greater amount of seniotity from the date of hire acquired in the department shall be

promoted. The employee shall have the option of returning to his previous position within

ninety (90) calendar days.

10.7 Job Progression - The Company agrees that job progression should occur in a fair and

equitable marmer. Job opportunities will be provided based on the qualified applicant

with the knowledge, training, skill~ documented safety practices and efficiency of the

employee or employees concerned to do the work assigned and where these qualifications

are deemed equal then the employer recognizes that seniority shall govern. Job

progression means moving to a higher rated job category or a job on a different shift.

I 0.8 Notice of vacant positions shall be posted and shall remain posted for a period of not less

than seven (7) calendar days. _Employees may apply for any available position.

Employees are not entitled to bump active Employees from their existing position due to

an Employee upgrading their qualifications._Notwithstanding, the junior most qualified

employee may be assigned to a vacant position for a period of time not to exceed sh:ty

(60) calendar days (or longer by mutual agreement) while a fmal appointment decision is

made.

10.9 The Employer agrees to post any new or additional position and provide the job

description to the Union. If mutually agreed, the new position and job description will be

deemed to fonn part to the Agreement.

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Article 11

Probation

Local772, IUOE

11 .1 It is agreed that in the event of any engineer being hired, the Employer shall consider the

first ONE 11-JOUSAATD AND FORTY (1 040) working hours of his employment as a

probationary period, during which time the Employer will review his capabilities. The

Employer may consult with the employees in assessing the suitability of the engineer. The

Employer reserves the right to retain or dismiss said engineer based on the Employers

assessment of the engineer's suitability for the position.

11.2 While on probation, the services of such engineer shall be governed as to hours, wages

and conditions as stated in the Agreement.

At1iclc 12

Grievance

12.1 The employees, through their accredited representatives, shall have the right to discuss, at

a suitable time, any written grievance involving any controversy, complaint,

misunderstanding or dispute, which arises subsequent to the signing of this Collective

Agreement, with the ChiefEngineer. The meeting shall be held within three (3) working

days of the time of the alleged grievance or if not practicable at a time mutually

convenient to the parties. The Chief Engineer shall give his answer within three (3)

working days in a written response on an appropriate grievance form.

12.2 If the reply is not satisfactory, and the grievance remains WlSettled, the Union may within

seven (7) working days of receipt of the Chief Engineers answer, submit the issue to the

Employer's Human Resources Department for a response. The Human Resources

Department shall respond to the grievance within seven (7) working days of receipt of the

grievance. If the response is not satisfactory, the Union may forward to arbitration within

ten (10) working days of receipt of the response from Human Resources. If no actuaJ

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agreement is reached at any step of this grievance procedure, the matter may proceed in

accordance with Article 13.

12.3 It is further agreed that the Union and the Employer shall have the right to originate a

grievance at a time not later than si'\: (6) working days from the date of the alleged

grievance with regard to any dispute in respect of the interpretation or manner in which

the contract is being complied with (i.e. a policy grievance). The Union and the Employer

representatives shall flrst discuss the complaint, such complaint to be either discussed or

resolved within a period of three (3) \vorking days. If no actual agreement is reached

either party may submit the policy grievance to the arbitration procedure within ten (1 0)

working days from the date that the complaint was discussed but not resolved.

12.4 It is understood that wherever hours or days are referred to in this Article, Saturday,

Swtday and Statutory Holidays shall be excluded.

12.5 Timelines herein may be extended by written mutual agreement only.

Article 13

Arbitration

13.1 Failing settlement by adjustment of any dispute concerning the interpretation of an alleged

violation of this Agreement, within ten (1 0) working days after management's decision is

given, in writing, the matter shall be deemed to have been settled or abandoned. If within

ten (10) working days after management's decision is given, either party requests

arbitration, the parties shall appoint a sole Arbitrator acceptable to both parties. The

parties hereto shall jointly bear the expense, if any, of the Arbitrator. Should the parties

fail to agree on an Arbitrator within five (5) days they shall apply to the Minister of

Labour for the Province of Ontario, who shall appoint an Arbitrator.

13.2 Where an Arbitrator determines that an employee has been discharged or otherwise

disciplined by the Employer for cause and the Collective Agreement does not contain a

Loca1772, JUDE

specific penalty for the infraction~ that is the subject matter of the arbitration, the

Arbitrator may substitute such other penalty for the discharge or discipline as to the

Arbitrator seems just and reasonable in all the circumstances.

13.3 AJternative Dispute Resolution Process

a. Failing a satisfactory settlement, the parties may, on mutual agreement, submit the

grievance to the Panel for fmal settlement. The Panel shall be comprised of four

(4) persons: two (2) of who shall be selected by the Employer and two (2) of

whom shall be selected by the Union from the list of candidates provided by the

coordinator of the Panel. In the event four ( 4) persons are not available, the Panel

shall be comprised of two (2) persons: one (1) of whom shall be selected by the

Employer and one ( 1) of whom shall be selected by the Union. lbe Employer and

the Union shall only select experienced representatives as nominees to the Panel,

as required. In the selection of representatives, neither the Employer nor the Union

shall name representatives who are involved in the Agreement.

b. In resolving the grievance, the Panel shall have the same judicial powers as a

Board of Arbitration and shall be governed by its rules of procedure as set by the

Panel from time to time. Any decision rendered by the Panel shall be fmal and

binding on the parties, but not precedent setting. Where the Panel is deadlocked

and unable to render a decision, the grieving party must, within fourteen ( 14) days

of the declared deadlock, unless it wishes to withdraw the grievance, proceed to

Schedule 2 of the Panel's grievance process or alternatively to arbitration in

accordance with Article 13 - Arbitration.

Article 14

No Discrimination or Intimidation

14.1 The Employer and Union both agree that no discrimination or intimidation will be

practiced or pennitted by any of their respective officials. officers, foremen, stewards or

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otherwise, against anyone by reason of or arising out of, directly or indirectly, trade union

membership (or lack of membership) or trade union activity (or Jack of activity) or on

account of any prohibited ground of discrimination under the Ontario Human Rights

Code.

14.2 No Strike No Lock-Out

a. There shall be no strikes, walk-outs, lock-outs, or other similar interruption of the

work during the life ofthis Agreement. The Union agrees that it will not involve

the Employer in any controversy or dispute arising outside of the Agreement.

b. In case of lock-out or legal strike of any Union which has a Collective Agreement

with any Employer operating at this site, the employees will continue to perfonn

their nonnal workplace duties.

Article 15

Working Clothing

15.1 The Employer agrees to supply shirts and pants to be worn by engineers and to launder

same. The Employer will supply the employee group with two (2) pairs of coveralls for

the use of the group. Work gloves will be supplied for work on the Employer's premises

that require their use. The Employer will supply each employee with a winter-rated coat

and with a winter toque.

15.2 The Employer shall supply a safety shoe allowance to a maximum of$115 per year tor

safety shoes and to a maximwn of $115 per year for winter rated boots.

Article 16

Benefits

16.1 All benefits will be provided as per the Employer's Employee Benefits Plan package

insured through Sunlife as existing as of February 1, 2015. The Employer shall provide a

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Summary Plan Description, where available, to outline the benefits and coverage amotmts,

as well as applicable Employer policies.

16.2 The Employer will make matching payments to the employees Defmed Contribution

Registered Retirement Plan on behalf of each employee to a maximum of five (5%)

percent of the employees gross earnings per annum provided that the employer will only

match payments that are made by the employee (to a maximum of five (5%) percent per

annwn).

16.3 Bereavement Leave - Effective upon completion of your Probationary Period with the

exception of immediate family members which is effective irrunediately.

16.3.1 Ferrero Canada Ltd. will pay you up to three (3) days pay at your regular basic hourly rate

while away from work attending the funeral of a member of your "immediate family".

16.3 .2 Your immediate family includes:

Mother, Mother-in-Law, Step Mother

Father, Father-in-Law, Step Father

Spouse

Child, Step-Child

Brother, Step Brother

Sister, Step Sister

Grandchild

Grandparent

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Common-law relationships of more than six (6) months duration are recognized for

purposes under tllis section.

For purposes of administering the provisions of this Bereavement Policy, an Employee is

deemed to have one Mother and one Father, one Mother-in-Law and one Father-in-Law,

and four Grandparents.

16.3.3 The Company will pay you one (1) day's pay at regular basic hourly rate for time lost

because of:

(A) The death of a member of your "immediate family" for whom you do not attend

the funeral.

(B) The death of a member of your e>..1ended family for whom you do attend the

funeral. The leave must be taken to attend the funeral. Extended family includes:

a. Aunt I Uncle I In-Law

b. Sister-in-Law I Brother - in - Law

c. Niece I Nephew

d. Grandparent-in-Law

Supporting documentation may be required and must be supplied upon request. For bereavement

leaves before or after a statutory holiday, documentation will be required.

The use ofBereavement Leave shall result in a corresponding deduction from Emergency Leave

entitlement

16.4 Jury Duty - If required to serve as a juror or subpoenaed witness, upon proof jury

sunuuons, the Company will continue to pay your regularly scheduled hours of work eight

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(8) hours or ( 12) hours (Continental Shifts) of work at your regular basic hourly rate for

each day you are required as a juror or witness, up to a maximum often (10) days.

16.5 PROFESSIONAL DEVELOP11ENT- Ferrero Canada encourages and supports the

continuing and ongoing professional development of all our employees. An Educational

Assistance Program covers a pru.tial cost of tuition fees and essential course materials for

pre-approved courses or programs.

16.6 Educational Assistance Program- Partial reimbursement may be made to regular, full time

employees under the foiJowing conditions:

16.6.1 Employees must have completed one year of service.

16.6.2 Prior written approval of courses by the Department Manager in consultation with the

!-hunan Resources Director.

16.6.3 It must be determined by the Company that the course is related to the Employee's current

position or to an approved target position within the Company.

16.6.4 Employee must submit tuition application fonns to the HR Department prior to course I

program registration.

16.6.5 Courses have to be successfully completed \\ith a minimum grade of 60%.

16.6.6 Maximum reimbursement is 75% of tuition and books and other course materials where

applicable. Maximum reimbursement is I 00% of the fees associated with obtaining 2"d

Class Certificate.

16.6.7 Once approved, Ferrero will pay 50% of the cost upfront and the remainder of the 50%

upon successful completion of the minimwn grade of60%.

16.6.8 If a minimwn grade of 60% is not achieved the employee will be responsible for

reimbursing the cost of tuition back to Ferrero.

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16.6.9 Employee must be actively employed by Ferrero when eA-penses become payable.

16.7 Employees will be responsible for the cost of providing doctors notes as reasonably

requested by the employer for verifying absences due to illness to a maximwn ofS25 per

note. The Employee is responsible for paying the full cost of medical documentation

required for the accommodation of medical conditions in the workplace or for supporting

disability insurance claims. The Employer is responsible for paying the costs of any

Independent Medical Examination requested by the Employer.

16.8 Employees covered under this Agreement wiJl not be excluded from other non­

compensation fringe benefits provided to other Plant employees (such as the provision of

employer gift bags, participation in company celebrations (for example, the Christmas

party), etc.).

Article 17

General

17.1 The Employer shall entertain no complaint involving an alleged breach of any provision

of this Agreement until the complaining party has given a written statement of each

complaint to the Steward or Business Agent.

17.2 A copy of Employer notices applicable to Union members shall be given to the Steward.

17.3 The Employer will supply Union notice boards.

17.4 Any record of discipline (provided it was not a matter of dishonesty, theft, assault or direct

refusal to obey orders given by the Chief Engineer (unless such orders jeopardize life,

health or safety of the employee)) on an employee's file will not be used for further

progressive discipline after a twelve {12) month discipline free period has elapsed.

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17 _s Leave of Absence

a. In the event of sickness of an employee, an employee will be entitled to a leave of

absence in accordance with Emergency Leave provisions under the Employment

Standards Act or pursuant to the Employers disability policy.

b. In the event of sickness in an employee's family necessitating time off, leave of

absence may be granted in accordance with the provisions of the Employment

Standards Act, 2000 as amended, without loss of seniority.

c. Where definite proof is given of extreme necessity this leave of absence may be

extended by mutual agreement between the Union and the Employer.

d. No employee shall be given leave of absence for the purpose of going into other

emplo)'ment.

e. Unpaid leave of absence to attend Union Convention (to a maximum of two (2)

days per annum) shaU be granted providing Employer has the necessary

replacement. Overtime shall not be paid for replacements for this purpose. Such

leave of absence requests are to be made at least four ( 4) weeks in advance.

17.6 No employees shall be asked or permitted to make any verbal or written agreement which

may conflict with this Agreement

17.7 Where it is necessary for a Steward to be absent from work on Union business on matters

pertaining to the Agreement, the Employer agrees to release such Steward for the time

necessary at the request of the Union, at no expense to the Employer. Overtime shall not

be paid for replacements for this purpose.

17.8 Where it is necessary for a Steward to be absent from work for the purpose of negotiating

the Collective Agreement, the EmpJoyer will pay the wages lost for one (1) Steward if

shifts are in fact missed by the Steward due to the attendance of Steward at bargaining.

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17.9 Tool Allowance

a. It is agreed that all the tools shall be provided by the Employer.

17.10 Engineers to have a representative on the Plant Health Safety Committee. TI1e Employer

shall prmide safety certification to one (1) Union representative. Time spent at meetings

or inspections shall be deemed time worked and paid appropriately.

17.11 Persons outside the bargaining unit shall only perform work of persons within the

bargaining unit when bargaining unit personnel are not available, laid off or have failed to

accept overtime after such overtime availability having been posted for not less than forty­

eight (48 hours).

17.12 The Employer shall reimburse employees for the cost of the annual TSSA Operating

Engineering Certification.

17.13 The Union recognizes the Employer's existing practice of contracting out certain non­

routine operating engineer work and that the Employer shall be entitled to continue to

contract out that work. The Employer acknowledges and agrees that no bargaining unit

employee shall be laid off or suffer a reduction in their regular hours of work as a result of

the Employer contracting out work which the bargaining unit employees routinely

perfonn.

17.14 Operating engineer duties consist of operating the refrigeration, compressors, HV AC' s,

utilities and boiler plant in a safe manner.

17.15 Joint Labour Management Committee - The Company and the Union agree to establish a

Joint Labour Management Committee (JLM) to address issues of concern to the Union

and the Company. The meeting will be held on an as needed basis. The JLM will in no

way replace, preclude, or form part of the Grievance and Arbitration procedure, nor will

the JLM be used as a forum for the discussion of grievances or disciplinary action.

Local772, IUOE

17.16 The Company will pay the cost for printing the Collective Agreement.

17.17 The parties agree that they are bound by all provisions of the Employment Standards Act,

2000 (specifically including the leave provisions contained therein) and the Occupatiollal

Health and Safety Act (specifically including the safe work provisions, anti-violence

bullying and harassment provisions contained therein) and the Ontario Human Rights

Code (specifically including the anti-discrimination, anti-harassment and accommodation

obligations contained therein).

Article 18

Termination of Employment (Not for Cause)

18.1 Employees, who are tetminated, not for cause, shaH be paid consistent with the

Employment Standards Act, 2000. Benefits will continue for the period required by the

Employment Standards Act, 2000.

Article 19

Duration

19.1 This Agreement shall remain in effect from Februa1y 1. 2015 untU Januan' 31, 2018.

Notice of intention to negotiate amendments o this Agreement shall be given by either of

the contracting parties not more than ninety (90) days from the expiry date of this

Agreement. Negotiation. if so requested, shall commence within thirty (30) days after the

date upon which such notice has been given by either party.

In Witness JVhereof the parties hereto have hereunto set their bands and seals, the

-~0..~...3~-- day of -;:)yAv '2015.

Signed on behalf of the Employer Ferrero Canada Ltd.

By·.--(~~~"""'~~/-.:...=~· -~ ·----­' <!·~ ~ ~ Jl: Human Resources

Signed on behalf of the Union International Union of Operating Engineers,

Local?~- /ll . I \ By: ~(. ~'-v-+l~~-,-

Greg Hoath, Business Manager

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Acting Chief

Appendix "A"

Letter of Understanding

Locsl 772, IUOE

When the Chief Engineer is absent from the plant such that the Company is required by law to

replace him, the Company may assign a qualified member of the bargaining unit as "Acting

Chief'. 1bis assignment shall be as follows:

a The Company shaJl inform al1 qualified members of the bargaining unit that it requires a

volunteer representative to be the "Acting Chief~ for a specified period. Of these

volunteers, the Company shall then assign the most seniqr qualified employee whose

schedule allows him or her to accept the assignment without requiring the use of overtime,

subjecl to any unforeseen circumstances. When possible, notice will be provided by the

Company in advance to allow as much flexibility in schedules as possible.

b. In the event that no qualified member of the bargaining unit volunteers to be "Acting

Chief', the Company may assign the most jWlior qualified member of the bargaining tmit

to be '"Acting Chier' for the specified period, with not less than 48 hours' notice.

c. A member of the bargaining unit assigned to be "Acting Chief' shall, so long as required

by law, have the same work schedule as the Chief Engineer. Upon completion of his or

her assignment as "Acting Chief', the member of the bargaining unit shall return to his or

her regular schedule unless he or she agrees otherwise with the Company.

d. The hourly rate received by a member of the bargaining unit for the period of the" Acting

Chief' assignment shall be equal to the Lead Hand Engineer rate plus a premium often

percent (1 0%). Normally the assigned period is eight (8) hours per day plus any overtime

required canying out the duties of the Chief Engineer as may be required by the "Acting

Chief' role.

Local 772, IUOE

e. The "Acting Chief' is a member of the bargaining unit and shall not exercise managerial

functions of a labour relations nature.

Acting Team Lead

The Company may assign a qualified member of the bargaining unit as 11Acting Team Lead". This

assignment shall be as follows:

f. The Company shall inform all qualified members ofthc bargaining unit that it requires a

volunteer representative to be the "Acting Team Lead" for a specified period. Of these

volunteers, the Company shall then assign the most senior qualified employee whose

schedule allows him or her to accept the assignment without requiring the use of overtime,

subject to any unforeseen circumstances. When possible, notice will be provided by the

Company in advance to allow as much flexibility in schedules as possible.

g. In the event that no qualified member of the bargaining unit volunteers to be "Acting

Team Lead", the Company may assign the most junior qua1ified member of the bargaining

wtit to be '"Acting Team Lead'' for the specified period, with not less than 48 hours'

notice.

h. A member of the bargain_ing unit assigned to be "Acting Team Lead" shall, so long as

required by law, have the same work schedule as the Team Lead. Upon completion ofhis

or her assignment as "Acting Team Lead", the member of the bargaining unit shall return

to his or her regular schedule Wlless be or she agrees otherwise with the Company.

i. The hourly rate received by a member of the bargaining unit for the period ofthe "Acting

Team Lead" assignment shall be equal to the Shift Engineer rate plus a premium offive

percent (5%). Normally the assigned period is eight (8) hours per day plus any overtime

required carrying out the duties of the Team Lead as may be required by the "Acting

Team Lead" role.

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Local 772, moE

J. The "Acting Team Lead" is a member of the bargaining unit and shall not exercise

managerial functions of a labour relations nature.

k. This Letter of Understanding is part of the collective agreement and is enforceable as

such. It is agreed to on a without precedent or prejudice basis and expires with the current

Collective Agreement.

Signed on behalf of the Employer Ferrero Canada Ltd.

By: __ (d~· ~,;--~~1K~a~lA~A~---------,,J .J_ Sara Blake, V.P. Human Resources

Signed on behalf of the Union International Union of Operating Engineers,

~~17~ . f7l&£ Grcgfttath Business Manager

Date: -:iJrJ£ SJ/IJ·

Purpose

Appendix "B"

Letter of Understanding

Student Co-Op Employment

loc:al772, IUOE

To establish guidelines for the employment of Operating (Power) engineering students for work,

with the intent of students gaining the necessary "qualifying experience" or part thereof, as per the

Operating Engineers' regulation 219/0 l . Should the Employer chose to employ student(s ), on a

contract basis to gain "qualif)'ing eJt.:perience" as per Operating Engineers Regulation 219/0 1 ,

such student(s) shall not be utilized to supplant bargaining unit work. The provisions of the

Col1ective Agreement do not apply to students. Should the Employer employ student(s), it shall

do so under the guidelines of Appendix D.

Definition

A "student" is considered as someone who is currently enrolled or just completed at TSSA

approved and recognized post-secondary program in Power Plant Engineering.

Students will work in all aspects of Power Plant Operations and Maintenance under the direct

supervision of an Operating Engineer, but wiU not be utilized in any manner to replace a

bargaining group member. It is understood that Students will shadow an Operating Engineer but

will not supplant bargaining unit work.

Local712, IUOE

Seniority

Students will not gain any seniority or seniority rights.

This Letter of Understanding is part of the Collective Bargaining Agreement and is enforceable as

such. It is agreed to, on a without precedent or prejudice basis, and expires with the tenn of the

Collective Agreement.

Signed on behalf of the Employer Signed on behalf of the Union International Union of Operating Engineers,

Local77b ~ 13)!: ~ ----------~~

Greg ath Business Manager

By: ~~~~- k('l \J..A

~ce Pr~t, Hwnan Resources

Date: , <;J , • t

0 Date:_~_J_r.ft_'t:.._J>___:...} ,__I f'_. __

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